Terms and Conditions of Use – Fundu

Startup Interface

Preamble

These Terms and Conditions of Use ("Terms") govern the use of the Fundu platform ("the Platform") accessible at https://fundu.vc/, operated by TeamLink, a Sarl registered under number 1759400H, with its registered office at 1er Étage M14-15, Millenium Center، Tunis 2046.

Fundu is an innovative platform dedicated to supporting early-stage startups in their investment readiness journey, notably through specialized artificial intelligence and a scoring system intended for investors.

Use of the Platform is subject to the unconditional acceptance of these Terms. Any user acknowledges having read and accepted all the provisions herein.

Article 1: Definitions

In these Terms, the following terms, when capitalized, have the meanings ascribed below:

"Account": The personal space created by the Startup on the Platform.
"Content": All information, data, documents, and files uploaded by the Startup to the Platform.
"Data Room": A secure space allowing the Startup to store and share documents with Investors.
"Investment Readiness AI": Artificial intelligence developed by Fundu to analyze documents and information provided by the Startup and generate personalized recommendations.
"Investor": An individual or legal entity registered on the Platform as a potential investor.
"Platform": All services, features, and content accessible from the Fundu website.
"Score" or "Scoring": A numerical assessment of the Startup's investment readiness level, calculated by Fundu's AI.
"Services": All functionalities offered by the Platform.
"Startup": A legal entity registered on the Platform as a startup seeking funding.
"User": Any individual accessing the Platform on behalf of and for the account of a Startup.

Article 2: Purpose

These Terms define the conditions under which the Startup may access the Platform and use the Services.

Fundu reserves the right to modify these Terms at any time. Modifications take effect upon their publication on the Platform. The Startup will be informed of substantial changes via email and/or notification on the Platform. Continued use of the Platform after notification constitutes acceptance of the modified Terms.

Article 3: Registration and Access to the Platform

3.1 Eligibility Criteria

The Fundu platform is open to all startups seeking to prepare for a fundraising round. To register, the Startup must:

Be represented by a duly authorized individual
Provide accurate, complete, and up-to-date information during registration

Fundu reserves the right to suspend or delete any account containing clearly false, incomplete, or misleading information.

3.2 Registration Process

Registration is completed by filling out the registration form available on the website. The Startup must provide accurate, up-to-date, and complete information and agrees to update it regularly.

The Startup designates one or more Users authorized to access its Account and act on its behalf. The Startup is solely responsible for actions taken by its designated Users.

3.3 Login Credentials

Upon registration, the Startup creates login credentials (email and password) that are strictly personal and confidential. The Startup is solely responsible for maintaining the confidentiality of its credentials and for actions taken using them.

Any use of the credentials is presumed to be by the Startup. In case of loss, theft, or inadvertent disclosure of the credentials, the Startup must immediately inform Fundu and change them.

3.4 Access Levels and Subscriptions

The Platform may offer different access levels and subscription plans, with specific conditions (duration, price, features) detailed on the website. Access to certain Services may be subject to specific financial terms, which will be clearly indicated before any subscription.

Article 4: Description of Services

4.1 General Services

The Platform offers the Startup the following services:

Creation and management of a startup profile.
Access to interactive guides and checklists for investment preparation.
Storage and organization of documents (Data Room).
Progress tracking tools.
Potential connection with Investors.

4.2 Investment Readiness AI

The Platform integrates specialized artificial intelligence that provides:

Analysis of documents provided by the Startup (pitch deck, business plan, etc.).
Personalized recommendations to improve the investment dossier.
A self-assessment system.
Conversational assistance (chatbot).
Predictive and optimization features.

4.3 Scoring System

The Platform calculates an "investment readiness" Score based on the AI's analysis of information and documents provided by the Startup. This Score may be visible to Investors on the Platform, subject to the Startup's consent.

Article 5: Use of Investment Readiness AI

5.1 AI Functionality

The Investment Readiness AI analyzes information provided by the Startup to generate personalized recommendations. This analysis is based on algorithms developed by Fundu and trained on anonymized data.

5.2 Limitations and Disclaimer

The Startup acknowledges and agrees that:

The AI provides recommendations for informational purposes only.
These recommendations do not constitute investment or financial advice.
The AI is continually evolving and may have imperfections.
Fundu does not guarantee the accuracy, relevance, or completeness of the recommendations generated.
Use of the recommendations is at the Startup's sole responsibility.

5.3 Usage Rights

The Startup has a personal, non-exclusive, non-transferable right to use the analyses and recommendations generated by the AI for its own needs and strictly within the scope of its investment preparation.

5.4 Continuous Improvement

The Startup agrees that anonymized data resulting from its use of the AI may be used by Fundu to improve algorithms and the quality of recommendations, in compliance with the confidentiality rules defined in Article 7.

Article 6: Data Room and Document Management

6.1 Storage and Organization

The Platform allows the Startup to create a Data Room to store and organize its documents. The Startup is solely responsible for the documents it uploads and their organization.

6.2 Sharing and Access Control

The Startup may choose to share all or part of its Data Room with Investors or other relevant people. The Startup retains full control over:

Shared documents.
Authorized recipients.
Access duration.
Granted rights (read-only, download, etc.).

The Startup may revoke access at any time.

6.3 Prohibited Content

The Startup agrees not to upload content that is:

Illegal, fraudulent, defamatory, abusive, or discriminatory.
Infringing on third-party intellectual property rights.
Containing viruses, malware, or any other malicious code.
Contrary to public decency or public order.

Fundu reserves the right to remove any content violating these rules without notice or compensation.

Article 7: Data Management and Confidentiality

7.1 Types of Data Collected

In using the Platform, Fundu collects and processes various categories of data:

Identification and contact data.
Information about the Startup (sector, stage, team, etc.).
Documents uploaded to the Data Room.
Platform usage data.
Results of AI analyses and recommendations.

7.2 Use of Data by Fundu

Fundu uses this data to:

Provide, maintain, and improve the Services
Calculate the "investment readiness" Score
Enhance AI algorithms
Generate anonymized statistics
Communicate with the Startup

7.3 Data Sharing with Third Parties

Fundu shares the Startup's data with Investors only with the Startup's explicit consent. This consent can be granted or withdrawn at any time through the Account settings.

7.4 GDPR Compliance

Fundu is committed to complying with applicable personal data protection regulations, including the General Data Protection Regulation (GDPR).

The Startup has the right to access, rectify, erase, restrict processing, data portability, and object to the processing of its data. These rights can be exercised by contacting support@fundu.vc.

For more information on personal data processing, the Startup is invited to consult the Privacy Policy available on the Platform.

7.5 Security Measures

Fundu implements appropriate technical and organizational measures to protect data against destruction, loss, alteration, disclosure, or unauthorized access.

Article 8: Scoring System

8.1 Scoring Functionality

The "investment readiness" Score is calculated by Fundu's AI based on:

Information provided in the Startup's profile
Responses to self-assessment questionnaires
Analysis of uploaded documents
Interactions with the Platform

The Score is expressed on a defined scale and may be broken down by categories (team, product, market, etc.).

8.2 Score Visibility

By default, the Score is visible only to the Startup. The Startup can choose to make it visible to Investors and/or Support Organizations on the Platform. This setting can be changed at any time in the Account settings.

8.3 No Guarantee

Fundu does not guarantee that the Score accurately reflects the likelihood of successful fundraising. The Score is a decision-support tool and does not influence investment decisions, which remain at the discretion of Investors.

8.4 Dispute and Explanation

The Startup can request explanations regarding the calculation of its Score via the dedicated Platform feature. In case of dispute, the Startup can submit a review request, which will be examined by Fundu.

Article 9: Intellectual Property

9.1 Ownership of Startup Content

The Startup retains full ownership of the content it uploads to the Platform. By using the Platform, the Startup grants Fundu a non-exclusive, worldwide, royalty-free license limited to the duration of the Services, to use, reproduce, adapt, modify, and process this content solely for the purpose of providing the Services.

9.2 Ownership of Analyses and Recommendations

Analyses and recommendations generated by the AI are the property of Fundu. The Startup has the right to use these analyses and recommendations in accordance with Article 5.3.

9.3 Fundu's Intellectual Property

The Platform, its content (texts, images, logos, etc.), structure, databases, software, and algorithms are the exclusive property of Fundu and are protected by intellectual property laws.

Any reproduction, representation, modification, publication, or adaptation of all or part of the Platform, by any means or process, is prohibited without Fundu's prior written authorization.

Article 10: Relations with Investors

10.1 Fundu's Role

Fundu acts solely as a platform connecting Startups and Investors. Fundu is not a financial intermediary and does not participate in negotiations or investment decisions.

10.2 Disclaimer

Fundu does not guarantee:

That the Startup will obtain funding
The quality or solvency of Investors
The outcome of discussions or negotiations between the Startup and Investors

10.3 Connection Rules

Connections between the Startup and Investors can occur:

At the initiative of the Investor, who expresses interest in the Startup
At the initiative of the Startup, who shares its profile with Investors
Via the Platform's matching features

In all cases, the Startup retains control over the information shared and can refuse or terminate a connection at any time.

Article 11: Responsibilities and Warranties

11.1 Startup Responsibilities

The Startup is solely responsible for:

The accuracy and truthfulness of the information it provides
The content it uploads to the Platform
Its use of the Services and AI recommendations
Compliance with these Terms of Use and applicable regulations

11.2 Fundu's Liability Limitations

Fundu strives to ensure the availability and proper functioning of the Platform but cannot be held responsible for:

Temporary interruptions or malfunctions of the Platform
Errors, inaccuracies, or omissions in AI-generated recommendations
Decisions made by the Startup based on the Services
Direct or indirect consequences of using the Platform
Damages resulting from non-compliance with these Terms of Use

Fundu's liability is limited to direct damages, excluding any indirect damages.

11.3 No Guarantee of Results

Fundu does not guarantee that using the Platform will enable the Startup to obtain funding or improve its chances of success. The Services are provided "as is" and "as available."

11.4 Service Availability and Quality

Fundu commits to making reasonable efforts to ensure the availability and quality of the Services but cannot guarantee uninterrupted or error-free operation. Maintenance operations may cause temporary interruptions, which will be notified in advance whenever possible.

Article 12: Modifications and Termination

12.1 Changes to the Terms of Use

Fundu reserves the right to modify these Terms of Use at any time. Changes take effect upon publication on the Platform. The Startup will be informed of substantial changes by email and/or notification on the Platform.

12.2 Termination by the Startup

The Startup can terminate its Account at any time through the Account settings or by contacting customer service. Termination takes effect immediately, subject to the fulfillment of ongoing obligations.

12.3 Termination by Fundu

Fundu may suspend or terminate a Startup's Account without notice or compensation in case of:

Violation of these Terms of Use
Provision of false, inaccurate, or incomplete information
Prolonged inactivity
Behavior detrimental to Fundu's interests or those of other users

12.4 Consequences of Termination

In case of termination, for any reason:

Access to the Services is immediately disabled
The Startup can request the export of its data in a standard format for a period of 30 days
The Startup's data is retained for the applicable legal duration, then deleted or anonymized

Article 13: Legal Provisions

13.1 Governing Law and Jurisdiction

These Terms of Use are governed by the laws of Tunisia. Any dispute relating to their interpretation or execution falls under the exclusive jurisdiction of the courts of Tunis, failing an amicable agreement.

13.2 Dispute Resolution

In case of a dispute, the Startup agrees to contact Fundu to seek an amicable solution before any legal action.

13.3 Partial Invalidity

If one or more provisions of these Terms of Use are declared null or unenforceable, the remaining provisions will retain their full force and effect.

13.4 No Waiver

The fact that Fundu does not invoke a breach by the Startup of any obligation under these Terms of Use shall not be interpreted as a waiver of the obligation in question.

Article 14: Contact

For any questions regarding these Terms of Use or the Services, the Startup can contact Fundu at the following address: support@fundu.vc.