Terms and Conditions

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     Last Revised: March, 6th 2024

Welcome to Sagacity, a Venture Capital Portfolio Management Software. By using the Sagacity website, app and services, you are agreeing to be bound by the following terms and conditions (the "Terms").

1. Acceptance of the Terms:

1.1 By using the Sagacity website and services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Sagacity website or services.

1.2 Sagacity may change these Terms from time to time without notice. Your continued use of the Sagacity website and services after any such changes constitutes your acceptance of the new Terms.

2. License:

2.1 Subject to the terms and conditions of this Agreement, Sagacity grants you a limited, non-exclusive, non-transferable license to access and use the Sagacity software and services solely for your internal business operations.

2.2 Dispatch Users:

  1. Sagacity is not responsible for any errors in or omissions from the parsed data or summaries available through Dispatch Services.
  2. By forwarding emails to your Dispatch email address, you grant permission to access, read, and parse those messages and any attachments to those messages.
  3. You should save your own copies of all emails and documents you forward to Dispatch. Sagacity is not responsible for any harm caused if you can no longer access your account.
  4. Your ability to use or access Dispatch may be limited or gated by certain usage caps, which may change without notice.
  5. Information provided through Dispatch or other Services does not constitute legal, financial, or investment advice.

2.3 You shall not:

  1. Sell, rent, lease, sublicense, distribute, or otherwise make the Sagacity software or services available to any third party;
  2. Modify, adapt, translate, or create derivative works based on the Sagacity software or services;
  3. Use the Sagacity software or services for any illegal or unauthorized purpose;
  4. Remove, alter, or obscure any proprietary notices, including copyright and trademark notices, contained in or on the Sagacity software or services.(a) download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale the Software or any part thereof;
    duplicate, decompile, reverse engineer, disassemble or decode the Software (including any underlying idea or algorithm), or attempt to do any of the same;
  5. Use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Software;
  6. Use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Software;
  7. Exploit the Software for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation

3. Subscription and Payment

3.1 By subscribing to the Sagacity software and services, you agree to pay the applicable subscription fees in accordance with the pricing and payment terms presented to you at the time of purchase. The subscription fees will be billed on a recurring basis at the start of each subscription term.

3.2 The subscription term for the Sagacity software and services is one year, unless otherwise specified at the time of purchase. The subscription will automatically renew at the end of each term unless you cancel the subscription.

3.3 If you cancel the subscription before the end of the current term, your access to the Sagacity software and services will remain active until the end of the current term, and you will not be entitled to a refund of any subscription fees already paid.

3.4 Sagacity reserves the right to change the subscription fees at any time, but will provide you with advance notice of any changes before they become effective. All subscription fees are non-refundable and non-transferable.

3.5 You are responsible for providing accurate and up-to-date payment information to Sagacity. If your payment method fails or your account is past due, Sagacity reserves the right to suspend or terminate your access to the Sagacity software and services.

3.6 You are also responsible for any taxes that may be applicable to your subscription to the Sagacity software and services. If Sagacity is required to collect or pay taxes in connection with your subscription, such taxes will be added to your subscription fees unless you provide Sagacity with a valid tax exemption certificate.

4. Intellectual Property

4.1 The Sagacity software and services, and all intellectual property rights therein, including but not limited to trademarks, copyrights, and patents, are the exclusive property of Sagacity and its licensors.

4.2 You acknowledge and agree that the Sagacity software and services are protected by copyright, trademark, and other intellectual property laws. You also acknowledge and agree that any and all feedback, comments, or suggestions that you provide to Sagacity regarding the Sagacity software and services will be the sole and exclusive property of Sagacity and may be used by Sagacity for any purpose without compensation or attribution to you.

4.3 Except as expressly provided in this Agreement, nothing in this Agreement shall be deemed to grant, by implication, estoppel, or otherwise, any license or right to use any intellectual property of Sagacity or its licensors.

4.4 You shall not:

  1. Use the Sagacity software and services in any manner that infringes the intellectual property rights of Sagacity or its licensors;
  2. Remove, alter, or obscure any proprietary notices, including copyright and trademark notices, contained in or on the Sagacity software and services;
  3. Use the Sagacity software and services in any way that is not authorized by this Agreement.

4.5 Any unauthorized use of the Sagacity software and services or the intellectual property of Sagacity or its licensors may subject you to civil and criminal penalties. Sagacity reserves the right to pursue any and all legal remedies against you for any unauthorized use of the Sagacity software and services or the intellectual property of Sagacity or its licensors.

5. Confidentiality

5.1 You acknowledge and agree that the Sagacity software and services may contain confidential and proprietary information of Sagacity and its licensors. You shall not disclose any such confidential or proprietary information to any third party without the prior written consent of Sagacity. You shall use the same degree of care to protect the confidentiality of the Sagacity software and services as you use to protect your own confidential information, but in no event less than a reasonable degree of care.

5.2 You shall not use the confidential or proprietary information of Sagacity for any purpose other than as authorized by this Agreement.

5.3 The obligations of confidentiality under this Agreement shall survive the termination of this Agreement and shall remain in effect indefinitely.

5.4 In the event that you are required by law or legal process to disclose any confidential or proprietary information of Sagacity, you shall provide Sagacity with prompt notice of such requirement in order to allow Sagacity the opportunity to seek a protective order or other appropriate relief. In the absence of such protective order or other relief, you may disclose such confidential or proprietary information only to the extent required by law or legal process.

5.5 You shall be responsible for any breach of this Confidentiality section by you or any of your employees, agents, or representatives.

5.6 The terms of this Confidentiality section shall survive any termination of this Agreement.

6. Warranties and Disclaimers

6.1 The Sagacity software and services are provided to you on an "as is" and "as available" basis. Sagacity makes no representations or warranties of any kind, express or implied, regarding the Sagacity software and services or any aspect thereof, including but not limited to the accuracy, completeness, reliability, availability, suitability, non-infringement, or compatibility of the Sagacity software and services.

6.2 Sagacity does not warrant that the Sagacity software and services will meet your requirements, or that the use of the Sagacity software and services will be uninterrupted, timely, secure, or error-free.

6.3 You acknowledge and agree that you are solely responsible for the accuracy and completeness of the information and data that you input into the Sagacity software and services, and for the results obtained from the use of the Sagacity software and services. Sagacity shall have no liability for any errors or omissions in the information or data input by you or any third party, or for any loss or damage of any kind arising from or in connection with your use of the Sagacity software and services.

6.4 Sagacity does not endorse, warrant, or guarantee any third party products or services that may be featured, linked to, or otherwise made available through the Sagacity software and services. Sagacity shall have no liability for any loss or damage of any kind arising from or in connection with your use of any such third party products or services.

6.5 Sagacity shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or in connection with this Agreement or your use of the Sagacity software and services, even if Sagacity has been advised of the possibility of such damages.

6.6 The above disclaimers of warranty and limitations of liability shall apply to the maximum extent permitted by law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you.

6.7 Any warranty or other right that cannot be excluded or limited under applicable law will be limited to the maximum extent permitted by law, and will not be affected by the above disclaimers or limitations.

7. Termination

7.1 This Agreement is effective until terminated by you or Sagacity. You may cancel your subscription for any reason within the first 30 days for a full refund. Afterwards you may choose not to renew your subscription anytime prior to the renewal date and your service will be terminated at the end of your current subscription.

7.2 Sagacity may terminate this Agreement at any time for any reason or no reason, with or without notice to you. Upon termination of this Agreement, your rights to use the Sagacity software and services will immediately cease.

7.3 The provisions of this Agreement relating to Intellectual Property, Confidentiality, Warranties and Disclaimers, Termination, Limitation of Liability, Indemnification, and Governing Law and Dispute Resolution shall survive any termination of this Agreement.

8. Miscellaneous

8.1 This Agreement constitutes the entire agreement between you and Sagacity with respect to the subject matter hereof, and supersedes any and all prior or contemporaneous communications and proposals, whether oral or written.

8.2 If any provision of this Agreement is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect.

8.3 The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

8.4 This Agreement may not be assigned or transferred by you without the prior written consent of Sagacity. Sagacity may assign or transfer this Agreement, in whole or in part, without your consent.

8.5 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflicts of laws principles.

8.6 Any dispute arising out of or in connection with this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in the location of Sagacity’s choosing and the arbitration award shall be final and binding on the parties.

8.7 The terms of this Miscellaneous section shall survive any termination of this Agreement.

If you have any questions or concerns, please contact us at support@sagacity.vc.