Legal

Legal

Terms of Use Thanks for your interest in our Website at www.ultrafundvc.com. Your use of this Website, including the content, materials and information available on or through this Website (together, the “Materials”), is governed by these Terms of Use (these “Terms”). By using this Website, you acknowledge that you have read and agree to these Terms.

Who We Are This Website is maintained and operated by Ultrafund Capital, LLC, which provides administrative and other services to various Ultrafund Capital entities. In accordance with industry custom, this Website occasionally uses terminology that may be interpreted to suggest that our firm is actually a single entity. However, there is no such single entity and all of the entities that comprise our firm have their own separate legal existence.

Materials Except for certain Materials provided through a password protected area on this Website (see below), ALL MATERIALS ARE PROVIDED “AS IS,” MAY NOT BE RELIED UPON FOR ANY PURPOSE, AND ARE NOT SUBJECT TO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. In particular, except to the extent that Materials provided through a password protected area on this Website are subject to different rules, we make no representations or warranties with regard to the Materials’ accuracy, completeness, non-infringement or fitness for a particular purpose. You should be aware that a significant portion of the Materials include or consist of information that has been provided by third parties and has not been validated or verified by us. In connection with our investment activities, we often become subject to a variety of confidentiality obligations to funds, investors, portfolio companies and other third parties. Any statements we make may be affected by those confidentiality obligations, with the result that we may be prohibited from making full disclosures. Without limitation on the effect of other warnings and disclaimers set forth in these Terms, you should interpret any statements we make (on this Website or otherwise) in that context. Please ensure that your own computer security is comprehensive and up to date. We accept no responsibility for viruses, malware or other malicious or damaging software contained in the Materials or otherwise.

Third-Party Sites We accept no responsibility for third-party sites available through this Website, via hyperlink or otherwise. You are encouraged to review the terms of use applicable to those sites. Any access to, or use of, a third-party site is solely at your own risk.

Password Protected Areas Certain Materials may be made available through a password protected area on this Website. Each password is intended to be confidential and used only by the individual or entity to whom it is issued. Do not disclose your password to any unauthorized person. If you access Materials through a password protected area, please note that the written agreements between you and the applicable Ultrafund Capital entities, as well as any provisions set forth in those Materials, govern the parties’ respective rights and obligations with regard to those Materials. In particular, Materials provided through a password protected area generally are confidential and subject to limitations on disclosure and use, and Ultrafund Capital individuals and entities generally have limited liability with respect to the accuracy and completeness of such Materials.

No Offer, Solicitation or Advice Except to the extent expressly set forth in Materials provided through a password protected area on this Website, or as otherwise specified by a Ultrafund Capital entity in writing, nothing on this Website is intended to constitute (i) an offer, or solicitation of an offer, to purchase or sell any security, other asset or service, (ii) investment advice or an offer to provide such advice, or (iii) a basis for making any investment decision. Except as expressly stated by a Ultrafund Capital entity in writing, neither this Website nor any of the Materials make any effort to present a comprehensive or balanced description of Ultrafund Capital or its investment activities. Any portfolio company described on this Website may not be representative of all investments made by any Ultrafund Capital fund and is intended to be illustrative of the types of investments that may be made by such Ultrafund Capital fund. 

Restrictions on Use; No License We reserve all rights with respect to the design and content of this Website. In particular, you must not misappropriate the design or content of this Website and you must not alter or deface such design or content in any way. Nothing on this Website grants any license with respect to such design or content, except that you may download and use Materials solely for your own personal information.

Ownership of Trademarks, Etc. All text, photos, graphics, logos, content and other Materials on this Website are protected by United States and foreign copyright, trademark and other applicable laws. In particular, all trademarks, trade names and logos displayed on this Website are proprietary to Sequoia Capital, its affiliates or their respective owners, and this Website grants no license to them. ULTRAFUND CAPITAL and our logo are among our registered trademarks in the United States and/or other countries.

Submitting a Business Plan or Other Confidential Information Due to the large number of business plan ideas and related materials that we review, and the similarity of many such plans and materials, we cannot accept responsibility for protecting against misuse or disclosure any confidential or proprietary information or other materials in the absence of our express written agreement to do so. Any plans, information and other materials you submit in connection with this Website may be used or disclosed by us for any purpose and in any manner, as we determine in our sole discretion. Please consider this carefully before sending us any information or other materials that you deem confidential or proprietary.

Privacy Policy For information about our privacy practices, refer to our Online Privacy Policy, available here.

Limitation of Liability Except as specifically agreed by a Ultrafund Capital entity in writing, NO ULTRAFUND CAPITAL INDIVIDUAL OR ENTITY SHALL HAVE ANY LIABILITY BASED UPON YOUR USE OF, OR RELIANCE UPON, THIS WEBSITE OR THE MATERIALS. Some jurisdictions limit our ability to disclaim liability. With regard to those jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.

Modification of these Terms We reserve the right to modify these Terms at any time. Please check these Terms periodically for changes. Your continued use of this Website after the posting of changes constitutes your binding acceptance of such changes.

Miscellaneous This Website is operated and controlled by Ultrafund Capital LLC in the United States of America. If it is illegal or prohibited in your country of origin to access or use this Website, then you should not do so. Those who choose to access this Website outside the United States of America access it on their own initiative and are responsible for compliance with all local laws and regulations. These Terms, and any disputes relating to these Terms or your use of this Website or the Materials, shall be governed in all respects by the laws of the State of California, without regard to conflicts of laws principles. Except as otherwise agreed in writing by the applicable Ultrafund Capital entities, any disputes relating to these Terms shall be resolved exclusively in the state or federal courts located in Santa Clara County, California. These Terms set forth the entire agreement between you and us with respect to the subject matter hereof and supersede all prior agreements relating to such subject matter. All Ultrafund Capital individuals and entities are intended third-party beneficiaries of these Terms. Our rights under these Terms may be waived by us only in writing. These Terms are binding on you as well as your successors and permitted assigns. In the event any provision of these Terms is determined to be invalid or unenforceable, such provision shall be deemed severed from the remainder of these Terms and replaced with a valid and enforceable provision as similar in intent as reasonably possible to the provision so severed, and shall not cause the invalidity or unenforceability of the remainder of these Terms.

Contact Information Any questions, concerns or complaints regarding these Terms should be sent to investor@ultrafundvc.com.

Effective Date: September 29, 2019

©2020 Ultrafund Capital, LLC. All Rights Reserved.

Legal

Terms of Use Thanks for your interest in our Website at www.ultrafundvc.com. Your use of this Website, including the content, materials and information available on or through this Website (together, the “Materials”), is governed by these Terms of Use (these “Terms”). By using this Website, you acknowledge that you have read and agree to these Terms.

Who We Are This Website is maintained and operated by Ultrafund Capital, LLC, which provides administrative and other services to various Ultrafund Capital entities. In accordance with industry custom, this Website occasionally uses terminology that may be interpreted to suggest that our firm is actually a single entity. However, there is no such single entity and all of the entities that comprise our firm have their own separate legal existence.

Materials Except for certain Materials provided through a password protected area on this Website (see below), ALL MATERIALS ARE PROVIDED “AS IS,” MAY NOT BE RELIED UPON FOR ANY PURPOSE, AND ARE NOT SUBJECT TO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. In particular, except to the extent that Materials provided through a password protected area on this Website are subject to different rules, we make no representations or warranties with regard to the Materials’ accuracy, completeness, non-infringement or fitness for a particular purpose. You should be aware that a significant portion of the Materials include or consist of information that has been provided by third parties and has not been validated or verified by us. In connection with our investment activities, we often become subject to a variety of confidentiality obligations to funds, investors, portfolio companies and other third parties. Any statements we make may be affected by those confidentiality obligations, with the result that we may be prohibited from making full disclosures. Without limitation on the effect of other warnings and disclaimers set forth in these Terms, you should interpret any statements we make (on this Website or otherwise) in that context. Please ensure that your own computer security is comprehensive and up to date. We accept no responsibility for viruses, malware or other malicious or damaging software contained in the Materials or otherwise.

Third-Party Sites We accept no responsibility for third-party sites available through this Website, via hyperlink or otherwise. You are encouraged to review the terms of use applicable to those sites. Any access to, or use of, a third-party site is solely at your own risk.

Password Protected Areas Certain Materials may be made available through a password protected area on this Website. Each password is intended to be confidential and used only by the individual or entity to whom it is issued. Do not disclose your password to any unauthorized person. If you access Materials through a password protected area, please note that the written agreements between you and the applicable Ultrafund Capital entities, as well as any provisions set forth in those Materials, govern the parties’ respective rights and obligations with regard to those Materials. In particular, Materials provided through a password protected area generally are confidential and subject to limitations on disclosure and use, and Ultrafund Capital individuals and entities generally have limited liability with respect to the accuracy and completeness of such Materials.

No Offer, Solicitation or Advice Except to the extent expressly set forth in Materials provided through a password protected area on this Website, or as otherwise specified by a Ultrafund Capital entity in writing, nothing on this Website is intended to constitute (i) an offer, or solicitation of an offer, to purchase or sell any security, other asset or service, (ii) investment advice or an offer to provide such advice, or (iii) a basis for making any investment decision. Except as expressly stated by a Ultrafund Capital entity in writing, neither this Website nor any of the Materials make any effort to present a comprehensive or balanced description of Ultrafund Capital or its investment activities. Any portfolio company described on this Website may not be representative of all investments made by any Ultrafund Capital fund and is intended to be illustrative of the types of investments that may be made by such Ultrafund Capital fund. 

Restrictions on Use; No License We reserve all rights with respect to the design and content of this Website. In particular, you must not misappropriate the design or content of this Website and you must not alter or deface such design or content in any way. Nothing on this Website grants any license with respect to such design or content, except that you may download and use Materials solely for your own personal information.

Ownership of Trademarks, Etc. All text, photos, graphics, logos, content and other Materials on this Website are protected by United States and foreign copyright, trademark and other applicable laws. In particular, all trademarks, trade names and logos displayed on this Website are proprietary to Sequoia Capital, its affiliates or their respective owners, and this Website grants no license to them. ULTRAFUND CAPITAL and our logo are among our registered trademarks in the United States and/or other countries.

Submitting a Business Plan or Other Confidential Information Due to the large number of business plan ideas and related materials that we review, and the similarity of many such plans and materials, we cannot accept responsibility for protecting against misuse or disclosure any confidential or proprietary information or other materials in the absence of our express written agreement to do so. Any plans, information and other materials you submit in connection with this Website may be used or disclosed by us for any purpose and in any manner, as we determine in our sole discretion. Please consider this carefully before sending us any information or other materials that you deem confidential or proprietary.

Limitation of Liability Except as specifically agreed by a Ultrafund Capital entity in writing, NO ULTRAFUND CAPITAL INDIVIDUAL OR ENTITY SHALL HAVE ANY LIABILITY BASED UPON YOUR USE OF, OR RELIANCE UPON, THIS WEBSITE OR THE MATERIALS. Some jurisdictions limit our ability to disclaim liability. With regard to those jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.

Modification of these Terms We reserve the right to modify these Terms at any time. Please check these Terms periodically for changes. Your continued use of this Website after the posting of changes constitutes your binding acceptance of such changes.

Miscellaneous This Website is operated and controlled by Ultrafund Capital LLC in the United States of America. If it is illegal or prohibited in your country of origin to access or use this Website, then you should not do so. Those who choose to access this Website outside the United States of America access it on their own initiative and are responsible for compliance with all local laws and regulations. These Terms, and any disputes relating to these Terms or your use of this Website or the Materials, shall be governed in all respects by the laws of the State of California, without regard to conflicts of laws principles. Except as otherwise agreed in writing by the applicable Ultrafund Capital entities, any disputes relating to these Terms shall be resolved exclusively in the state or federal courts located in Santa Clara County, California. These Terms set forth the entire agreement between you and us with respect to the subject matter hereof and supersede all prior agreements relating to such subject matter. All Ultrafund Capital individuals and entities are intended third-party beneficiaries of these Terms. Our rights under these Terms may be waived by us only in writing. These Terms are binding on you as well as your successors and permitted assigns. In the event any provision of these Terms is determined to be invalid or unenforceable, such provision shall be deemed severed from the remainder of these Terms and replaced with a valid and enforceable provision as similar in intent as reasonably possible to the provision so severed, and shall not cause the invalidity or unenforceability of the remainder of these Terms.

Privacy Policy

Effective October 23, 2019

XUltrafund, LLC owns and hosts a full service online platform at https://XUltrafund.com (“Platform” or “the Platform”) through which Ultrafund Capital, LLC, a subsidiary of XUltrafund, LLC, offers various investment opportunities.

Ultrafund Capital is a registered broker/dealer and a member of the Financial Industry Regulatory Authority (“FINRA”) and Securities Investor Protection Corporation (“SIPC”).  Ultrafund Capital offers the sale of private placements in early and late stage companies in various industries on a “best-efforts” basis, facilitates secondary transactions in private companies acting as a broker between buyers and sellers, and serves as a crowdfunding intermediary in accordance with Regulation CF.

As you (or the organization for which you are acting) access the Platform and its associated and/or affiliated services (collectively, “XUltrafund Services” or “Services”), we collect certain personal information. We understand that the confidentiality and security of this information is important, and we are committed to protecting the privacy of your personal information. This Privacy Policy is intended to summarize our data protection practices and to advise our registered users, investors, issuers, employees, website visitors, and other third parties about our privacy policies that may be applicable to them. It is specifically addressed to those who provide personal information to XUltrafund, LLC and its associated and/or affiliated Services, or who visit or use our website, Platform, and social media sites.

Please note, the XUltrafund website, investment platform, and email communications are intended for use by persons aged eighteen (18) and older. If you believe that a minor has opened an account on our platform, made an investment, and/or disclosed personal information, please report this to us immediately by emailing us at investor@ultrafundvc.com.

By using the Platform, you agree to the terms and conditions of the User Agreement, including this Privacy Policy, and you consent to our privacy practices. We encourage you to read this Privacy Policy carefully.

What does XUltrafund, LLC do with your personal information?

Financial companies choose how they collect, process, and potentially share your personal information. Consumers may limit some, but not all, sharing. Please read this notice carefully to understand how we collect, process, share, and protect your personal information.

We may use your personal information for the following purposes:

  • To facilitate investments as directed by you if you are or become a customer and/or to respond to requests or inquiries you may have;
  • To pursue legitimate interests, including to carry out, monitor, and analyze our business or operations;
  • To contact you regarding features and functionality that may be of interest to you;
  • To enter into or carry out contracts of various kinds;
  • To conduct monitoring by us or any other person on our behalf using various methods, including: (i) the use of automated monitoring tools; (ii) through random monitoring of systems; (iii) specific monitoring of systems for example in relation to investigations, regulatory requests, subject access requests, litigation, arbitration, or mediation; (iv) data tracking, aggregation and analysis tools that pull data to draw linkages and/or detect behavioral patterns, interactions or preferences for analysis (including predictive analysis); and/or (v) using other similar monitoring technology that may become available from time to time;
  • To comply with applicable laws or regulations in any country; or
  • For any other purpose for which your personal information was provided to us.

We may process your personal information for the following purposes after obtaining your express consent where legally required:

  • To communicate with you through the channels you have approved to keep you up to date on the latest developments, announcements and other information about our Services, products and technologies;
  • To conduct customer surveys, marketing campaigns, market analysis, or promotional activities;
  • To collect information about your preferences to create a user profile to personalize and foster the quality of our communication and interaction with you.

With regard to marketing-related communication, we will – where legally required – only provide you with such information after you have opted in. We also provide you with the opportunity to opt out at any time if you do not wish to receive further marketing-related communication from us.

Depending on the above permitted purposes, we may process your personal information on one or more of the following legal grounds:

  • Because processing is necessary for the execution of a client instruction or other contract with you;
  • To comply with our regulatory recordkeeping obligations; or
  • Because processing is necessary for the purposes of our legitimate interest or those of any third-party recipients that receive your personal information, provided that such interests are not overridden by your interests or fundamental rights.

In addition, the processing may be based on your consent where you have expressly given that to us.

The types of personal information we collect and share depends on to what extent you use our Platform. This can include information:

  • Provided during the user registration or investment process, for example, your name, email address, telephone number, birth date, tax or other identification number, investment objectives, etc.;
  • Acquired as a result of investments you made through our Platform, such as banking information;
  • Received from consumer-reporting agencies; and
  • Collected through internet cookies.

As a general principle, you will provide us with your personal information entirely voluntarily. There are circumstances in which we cannot take action without certain of your personal information, for example, because it is required to process your instructions or provide you with access to our Services. In these cases, it will be impossible for us to act on your request without the relevant personal information, and we will notify you accordingly.

If you provide personal information to us about someone else (such as an account co-owner or authorized individual), you must ensure that you are entitled to disclose that personal information to us and that, without our taking any further steps, we may collect, use and disclose that personal information as described in this privacy policy. In particular, you must ensure that the individual concerned is aware of the various matters detailed in this Privacy Policy, as those matters relate to that individual, including our identity, how to contact us, our purposes of collection, our personal information disclosure practices, any right the individual may have to obtain access to the personal information, make complaints about the handling of the personal information, and the consequences if the personal information is not provided (such as our inability to provide services).

All financial companies need to share customers’ personal information to run their everyday business. In the sections below, we list the reasons financial companies can share their customers’ personal information and whether you can limit this sharing.

We may share your personal information in the following circumstances:

  • We may share your personal information between XUltrafund affiliates on a confidential basis as allowed by applicable law, where required for the purpose of providing products or services, and for administrative, billing and other business purposes;
  • We may instruct service providers within or outside of XUltrafund to process personal information on our behalf and in accordance with our instructions. XUltrafund generally either requires these service providers to enter into confidentiality agreements that limit their use of the information they receive or utilizes software as a service (SaaS) providers with whom confidentiality is delineated and verifiable. Such limitations prohibit the service provider from using XUltrafund customer information other than to carry out the purposes for which the information was disclosed.
  • We may share your personal information with companies providing services in the areas of fraud and crime prevention and with companies providing similar services, including financial institutions such as credit reference agencies and regulatory bodies;
  • Consistent with applicable law, we may share your personal information with courts, law enforcement authorities, regulators or attorneys or other parties for the establishment, exercise or defense of a legal or equitable claim or for the purposes of a confidential alternative dispute resolution process;
  • We may also use aggregated personal information and statistics for the purpose of monitoring website usage in order to help us develop our website and our Services.

Otherwise, we will only disclose your personal information when you direct us or give us permission to do so, when we are allowed or required by applicable law or regulations or judicial or official request to do so, or as required to investigate actual or suspected fraudulent or criminal activities.

To limit our sharing, or for any other questions

  • Email us at investor@ultrafundvc.com

Who is providing this notice?

XUltrafund, LLC and its affiliated financial companies.

How does XUltrafund retain and protect my personal information?

We retain your personal information in an identifiable form in accordance with our internal policies which establish general standards and procedures regarding the retention, handling and disposition of your information. Personal information is retained for as long as necessary to meet legal, regulatory, and business requirements. Retention periods may be extended if we are required to preserve your personal information in connection with litigation, investigations, or proceedings.

To protect your personal information from unauthorized access and use, we will take appropriate technical and organizational measures to keep your information confidential and secure in accordance with our internal procedures regarding the storage, disclosure of, access to, and eventual disposal of, personal information. Personal information may be kept on our information technology systems as well as those of certain third-party firms with whom we contract to facilitate normal business operations.

How does XUltrafund collect my personal information?

We collect your personal information, for example, when you:

  • Browse our website;
  • Register for XUltrafund Services and apply for an account; and
  • Interact with XUltrafund online, via email, or telephone.

Why can’t I limit all sharing?

U.S. law gives you the right to limit only:

  • Sharing for affiliates’ everyday business purposes—information about your creditworthiness;
  • Affiliates from using your information to market to you; and
  • Sharing for non-affiliates to market to you.

State laws and laws or regulations applicable to the country in which you live may give you additional rights to limit sharing.

What happens when I limit sharing for an account I hold jointly with someone else?

Your choices will apply to everyone on your account.

Definitions

Affiliates: Companies related by common ownership or control. They can be  financial and non-financial companies. Affiliates of XUltrafund, LLC include financial companies such as Ultrafund Capital, LLC, Startup Club and Be4IPO

Non-affiliates: Companies not related by common ownership or control. They can be  financial and non-financial companies. Nonaffiliates we share with can include participating issuers, service providers (data processors), and governmental or regulatory agencies as required by law.

State Specific Privacy Laws

  • CA and VT Residents: We will not share your information with non-affiliated companies, except for our everyday business purposes, for marketing our products and Services to you, or with your consent.
  • VT Residents only: We will not disclose credit information about you either internally or with non-affiliated companies except as required or permitted by law.
  • NV Residents: Notice provided pursuant to state law. To be placed on our internal Do Not Call List, call 800.283.9903. For more on this Nevada law, contact Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: 1-702-486-3132; e-mail: BCPINFO@ag.state.nv.us.

European Economic Area & the General Data Protection Regulation (“EEA” & “GDPR”)

If you are an individual located in the EEA, you have a number of legal rights under GDPR in relation to the personal information that we hold about you. These rights include:

  • Obtaining information regarding the processing of your personal information and access to the personal information that we hold about you. Please note that there may be circumstances in which we are entitled to refuse requests for access to copies of personal information. In particular, information that is subject to legal professional privilege;
  • Requesting that we correct your personal information if it is inaccurate or incomplete;
  • Requesting that we erase your personal information in certain circumstances. Please note that there may be circumstances in which you ask us to erase your personal information, but we are legally entitled or required to retain it;
  • Objecting to, and requesting that we restrict, our processing of your personal information in certain circumstances. Again, there may be circumstances where you object to, or ask us to restrict, our processing of your personal information, but we are legally entitled to refuse that request;
  • Withdrawing your consent, although in certain circumstances it may be lawful for us to continue processing without your consent if we have another legitimate reason (other than consent) for doing so.

If you wish to do any of the above please email us at investor@ultrafundvc.com

We may request that you prove your identity by providing us with a copy of a valid means of identification in order for us to comply with our security obligations and to prevent unauthorized disclosure of data. We reserve the right to charge you a reasonable administrative fee for any manifestly unfounded or excessive requests concerning your access to your data and for any additional copies of the personal information you request from us.

We will consider any requests or complaints that we receive and provide you with a response in a timely manner. If you are not satisfied with our response, you may take your complaint to the relevant privacy regulator. We will provide you with details of your relevant regulator upon request.

Cookies and Web Beacons

Your browser must be set to accept cookies in order to access XUltrafund as a registered user. Please see our Cookie Policy for additional information concerning our policies concerning cookies and other related technologies.

Contact Information Any questions, concerns or complaints regarding these Terms should be sent to investor@ultrafundvc.com.

Effective Date: September 29, 2020

©2020 XUltrafund, LLC. All Rights Reserved.