https://www.xifaqsolutions.com is a website, service and platform that provides document automation, cap table management and other features relating to growing, running and funding a company. The platform is owned and the service provided by XIFAQ SOLUTIONS LLC (“XIFAQSOLUTIONS”, “XIFAQ”, “us”, “our” and “we” below), a limited liability company registered in USA and our office address is 722, Collins Hill Rd, Ste-303, Lawrenceville, Georgia, 30046
To use the Services you must agree to these Terms so please read them carefully. Please note that we may change or update these Terms. We will post any changes to our Site so please revisit every so often because we will assume that you agree with them if you continue to use the Services. If you do not agree to these Terms, you must not use our Site.
It's Your Data
Your confidential company data is extremely sensitive. So we want to let you know that all data you upload into the XIFAQ SOLUTIONS platform is 100% yours. We’ll never share or make your data or information available to anyone without your explicit permission (other than a legal requirement such as a court order).
Your data is uploaded and downloaded over a secure connection, your credentials are encrypted and hashed. We don’t store (or even know) your password. Your company data is stored securely, and only people you’ve assigned as members of your team can access your data, per the access permissions you assigned to your team members. We expect you to ensure that your team, particularly those you give Admin access to, have strong passwords, ideally different to their social network site logins.
We plan to provide you with aggregated deal data to help you to make data-driven funding decisions. To provide such a service, our platform will need to be able to access anonymized and aggregated deal data across thousands of companies. You agree for specific data points from your company profile and settings to be included in such aggregated data services in non-identifiable and anonymised form, for the mutual benefit of all XIFAQ SOLUTIONS customers.
NO LEGAL, TAX OR FINANCIAL ADVICE
The Site is an online portal that provides information and access to a mix of industry standard, open-source, third party and proprietary documents and tutorials, templated forms, analytics and data, team administration and networking functionality, cap table modelling, and additional features to assist with the completion of tasks relating to company incorporation, funding rounds and general company and team administration.
You agree that you are solely responsible for the appropriate use of any documents, instructions, tutorials or data downloaded, obtained from or otherwise sourced in whole or in part from us or our website. In particular you agree that:
We are not providing legal, financial, tax, investment brokerage or any other advice. The Site should not be used as a substitute for advice from qualified legal, tax or accounting professionals.
The documents available via the Site may not fit your specific circumstances. You should make your own judgement on the suitability of any such materials to your circumstances, or obtain your own legal advice to review such materials before using them.
We are not providing any assurance or guarantee that any documents obtained from the Site or provided by the Service are suitable, sufficient or appropriate for the use to which you put them.
We exclude all legal responsibility and costs for reliance placed by anyone on any documents obtained from us, our Site and our Service.
GRANTING ACCESS FOR CUSTOMER SUPPORT PURPOSES
Occasionally you may contact us for online help or customer support. If our team request access to your company dashboard or documents, for example you may have a question about a particular agreement that you’ve created, we may ask you for temporary access to such data. To grant us such access, you may optionally make our customer support person or online advisor a temporary member or your team with access to the relevant documents, allowing them to log into your team and inspect such documents. When they’re done you can remove them from your team or from specific documents as needed to remove their access.
RESTRICTIONS AND RESPONSIBILITIES
You will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by us or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels.
With respect to any contracts, documentation, forms, funding agreements, or any other material obtained through, exported, or created for you by the XIFAQ SOLUTIONS Site or Service (the “Materials”), we hereby grant you a non-exclusive, non-transferable, non-sublicensable license to use such Materials only in connection with the Services.
You represent, covenant, and warrant that you will use the Services only in compliance with our published policies then in effect (the “Policy”) and all applicable laws and regulations.
You hereby agree to indemnify and hold us harmless against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from your use of the Materials or Services.
CONFIDENTIALITY & PROPRIETARY RIGHTS
Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Our proprietary Information includes non-public information regarding features, functionality and performance of the Service. Your proprietary Information includes non-public data provided by you to us to enable the provision of the Services (“Customer Data”). The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing will not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required to be disclosed by law.
You will own all right, title and interest in and to your data.
We will own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Services or support, and (c) all intellectual property rights related to any of the foregoing.
Notwithstanding anything to the contrary, we will have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services including, without limitation, information concerning your data and data derived therefrom, and we will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other product offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with our business.
No rights or licenses are granted except as expressly set forth herein.
PAYMENT OF FEES (IF YOU’RE ON A PAID PLAN)
You will pay us the Fees described for the Services in accordance with the Terms therein. If your use of the Services requires the payment of additional fees (per the terms of the plan you signed up for), you will be billed for such usage, and you agree to pay the additional fees in the manner provided herein. We reserve the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Service Term or then‑current renewal term upon prior notice to you, which may be sent by email. If you believe that we have billed you incorrectly you must contact us no later than 7 days after the invoice in which the error or problem appeared. Inquiries should be directed to our customer support department.
For subscriptions or purchases made on the Site, payment is due on the terms applicable to that subscription or purchase as displayed at the point of purchase. For purchases that are invoiced by XIFAQ SOLUTIONS, payment is due on invoice date. Unpaid amounts may result in termination of Service. You will be responsible for all taxes associated with your use of Services that are attributable or due by you.
TERM AND TERMINATION
Subject to earlier termination as provided below, our agreement under these Terms is for the Service Term specified in the plan you signed up for. Upon expiry, the plan may auto-renew (if applicable) or you may sign up for additional Services as made available on the Site at that time.
In addition to any other remedies it may have, either party may also terminate our agreement under these Terms upon thirty (30) days’ notice (or without notice in the case of nonpayment), if the other party materially breaches any of these Terms. You will pay in full for the Services that you contracted for. Upon any termination, we will continue to make your data available to you for a period of thirty (30) days, but thereafter we may, but are not obligated to, delete any data of yours stored on our systems. You should make sure you always have your own backup off Site.
All sections of these Terms which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
WARRANTY AND DISCLAIMER
We will use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and will perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by us or by third-party providers, or because of other causes beyond our reasonable control, but we will use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.
However, we do not warrant that the Services will be uninterrupted or error free; nor do we make any warranty as to the results that may be obtained from use of the Services.
EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
We will hold you harmless from liability to third parties resulting from infringement by the Service of any USA patent or any copyright or misappropriation of any trade secret, provided we are promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement; We will not be responsible for any settlement it does not approve in writing.
The foregoing obligations do not apply with respect to portions or components of the Service (i) not supplied by us, (ii) made in whole or in part in accordance with your specifications, (iii) that are modified after delivery by us, (iv) combined with other products, processes or materials where the alleged infringement relates to such combination, (v) where we continue allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) where your use of the Service is not strictly in accordance with these Terms.
If, due to a claim of infringement, the Services are held by a court of competent jurisdiction to be or are believed by us to be infringing, we may, at our option and expense (a) replace or modify the Service to be non-infringing provided that such modification or replacement contains substantially similar features and functionality, (b) obtain for you a license to continue using the Service, or (c) if neither of the foregoing is commercially practicable, terminate our agreement under these Terms and your rights hereunder and provide you a refund of any prepaid, unused fees for the Service.
LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, WE AND OUR OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES WILL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND OUR REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY YOU TO US FOR THE SERVICES UNDER THESE TERMS IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any reference in these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. Our agreement under these Terms is not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer and assign any of our rights and obligations under these Terms without consent. Our agreement under these Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of our agreement under these Terms and you do not have any authority of any kind to bind us in any respect whatsoever. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and legal fees.
All notices under these Terms will be in writing and will be deemed to have been duly given when received, or if transmitted by email, the day after it is sent.
Our agreement under these Terms will be governed by the laws of State of Georgia, United States of America and we both agree to the exclusive jurisdiction of the courts of State of Georgia, United States of America.
Privacy & Data Protection Policy
XIFAQ SOLUTIONS is a website, advisory service and software platform which is located at https://www.xifaqsolutions.com that provides document automation, team management, cap table management and other tools relating to growing, running and funding a company. XIFAQ SOLUTIONS LLC is registered in State of Georgia, United States Of America and our principal place of business is at 722, Collins Hill Rd, Ste-303, Lawrenceville, Georgia, 30046
XIFAQ SOLUTIONS LLC (‘we’, ‘XIFAQ’, ‘us’, or ‘our’) is committed to having the correct procedures in place to protect and respect your privacy, in line with the guidelines of the EU General Data Protection Regulation (“GDPR”)
We may need to gather and use certain information about individuals. This Privacy and Data Protection Policy explains in detail the data we collect, along with how it is handled, stored and how we keep it safe. These individuals can include customers, suppliers, business contacts, employees, users of our clients’ websites and other people that the organisation has a relationship with or may need to contact.
The policy applies to all XIFAQ employees and all Personal Data processed at any time by XIFAQ.
The objective of the policy is to ensure that:
● We process Personal Data in compliance with the GDPR.
● XIFAQ and all its staff members are aware of all obligations and protocols when processing Personal Data.
● We protect the rights of the staff, customers and partners along with your own Personal Data.
● XIFAQ protects itself from the risks of a data breach.
● Data Controller: The organisation that determines the manner and purposes for which Personal Data is to be processed.
● Data Processor: The organisation or individual who processes Personal Data on behalf of the Data Controller.
● Data Subject: An individual who is the subject of Personal Data (also referred to as ‘you’, ‘your’, ‘yourselves’).
● Personal Data: Information relating to an individual who can be directly identified from the information. Personal Data includes factual information as well as expressions of opinion or intentions.
● Personal Data Breach: Loss, theft or unauthorised access, use or disclosure of Personal Data.
3. Legal Basis for Data Collection
There are a number of various reasons that the law allows collection and process of personal data.
Consent: Certain situations allow us to collect your personal data, such as when you tick a box that confirms you are happy to receive email newsletters, or ‘opt in’ to a service.
Contractual Obligations: We may require certain information from you in order to fulfil our contractual obligations and provide you with the promised service.
Legal Compliance: We’re required by law to collect and process certain types of data, such as fraudulent activity or other illegal actions.
Legitimate Interest: We might need to collect certain information from you to be able to meet our legitimate interests - this covers aspects that can be reasonably expected as part of running our business, that will not have a material impact on your rights, freedom or interests.
4. Processing Data on Behalf of a Controller
The GDPR defines a “processor” as “a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller”. Therefore, the responsibilities described below may be assigned to an individual or may be taken to apply to the organisation as a whole. The Data Processor has the following responsibilities:
● Ensure that all processing of personal data is governed by a contract or other legal act that sets out the subject-matter and duration of the processing, the nature and purpose of the processing, the type of personal data and categories of data subjects and the obligations and rights of the controller
● Process the personal data only on documented instructions from the controller, including with regard to transfers of personal data to a third party or an international organisation
● Ensure that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality
● Implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk associated with the processing of personal data
● Obtain the prior specific or general written authorisation of the controller before engaging another processor
● Assist the controller in the fulfilment of the controller's obligation to respond to requests for exercising the data subject's rights
● Delete or return all the personal data to the controller after the end of the provision of services relating to processing
● Make available to the controller all information necessary to demonstrate compliance with the obligations laid down in the GDPR and allow for and contribute to audits, including inspections, conducted by the controller or another auditor mandated by the controller
● Maintain a record of all categories of processing activities carried out on behalf of a controller
● Cooperate, on request, with the supervisory authority in the performance of its tasks
● Ensure that any person acting under the authority of the processor who has access to personal data does not process them except on instructions from the controller
● Notify the controller without undue delay after becoming aware of a personal data breach
● Designate a data protection officer where required by the GDPR, publish their details and communicate them to the supervisory authority
● Support the data protection officer in performing their tasks by providing resources necessary to carry out those tasks and access to personal data and processing operations, and to maintain his or her expert knowledge
5. Policy Scope
This policy applies to all data that the company holds relating to identifiable individuals, even if that information technically falls outside of GDPR. This can include:
● Names of individuals
● Postal addresses
● Email addresses
● Telephone numbers
● Company name
● Bank account details (for a supplier)
● Business information
● Details of interactions with our clients’ websites
● Along with any other information that relates to individuals
We use analysis tools including Google Analytics and/or others. These provide us with information about how our users use the Site.
WHAT CONTROL DO I HAVE OVER XIFAQ USE OF MY PERSONAL DATA?
You may delete your account at any time – this will remove your account page from the Software. We do not guarantee the ability to delete all stored data. If you would like us to delete/correct personally identifiable data, let us know and we will action your request as soon as practicable. Your account information will be protected by a password for your privacy and security. You need to prevent unauthorized access to your account and personal information by selecting and protecting your password appropriately and limiting access to your computer or device and by signing off after you have finished accessing your account.
You can access information associated with your account by logging into XIFAQ.
California Privacy Rights: Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to firstname.lastname@example.org .
WILL WE SHARE YOUR DATA WITH THIRD PARTIES?
We may share non-personal data with third parties to, for example (but not by way of limitation), improve XIFAQ and to enable data aggregation as described above.
We may share your personal data with subcontractors (only when necessary) or affiliates (subject to confidentiality obligations to use it only for the purposes for which we disclose it to them and pursuant to our instructions).
We may also share personal data with interested parties in the event that XIFAQ anticipates a change in control or the acquisition of all or part of our business or assets or with interested parties in connection with the licensing of our technology.
HOW DOES XIFAQ PROTECT CUSTOMER DATA?
XIFAQ SOLUTIONS is concerned with keeping your data secure and protecting it from inappropriate disclosure. We implement a variety of security measures to ensure the security of your personal data on our systems. Any personal data collected by us is contained behind secured networks and is only accessible by a limited number of employees who have special access rights to such systems. Where sensitive data is collected by us it will be transmitted and protected via a secure protocol and encrypted in our databases to be accessed only as stated above. If and when we use subcontractors to store your data, we will not relinquish control of your personal data or expose it to security risks that would not have arisen had the data remained in our possession. However, unfortunately, no transmission of data over the internet is guaranteed to be completely secure. It may be possible for third parties not under the control of XIFAQ to intercept or access transmissions or private communications unlawfully. While we strive to protect your personal data, we cannot ensure or warrant the security of any personal data you transmit to us. Any such transmission is done at your own risk. If you believe that your interaction with us is no longer secure, please contact us.
BY USING XIFAQ, YOU AGREE THAT WE CAN PLACE THE FOLLOWING TYPES OF COOKIES ON YOUR DEVICE :
Strictly necessary cookies – These cookies make our Site work. These cookies are essential in order to enable you to move around our Site and use our features, such as accessing secure areas. Without these cookies, we would not be able to remember your previous actions, determine whether you are logged in or not or enable you to see the electronic programme guide tailored to your chosen provider/region.
Performance cookies – These cookies improve the performance of our Site. These cookies collect information about how visitors use our Site, for instance which pages visitors go to most often, and if visitors get error messages from web pages. These cookies don’t identify you personally. All information these cookies collect is aggregated and anonymous. These cookies enable us to manage errors and the performance and design of the Site, to track ad response rates and your visits to our affiliate websites, and to show you which shows are most popular.
Functionality cookies – These cookies save you time. These cookies remember your user name and can also be used to remember settings that you can customise. These cookies allow us to remember choices you make (e.g. whether you want to share your activity on Facebook) and provide enhanced, more personal features. They may also be used to provide services you have asked for such as watching a video or commenting. Without these cookies, we won’t be able to distinguish you from other users and, as a result, save you time.
Targeting or advertising cookies – These cookies make the advertising you see relevant. These cookies are used to deliver adverts or links more relevant to you and your interests. They are also used to limit the number of times you see an ad as well as help measure the effectiveness of ad campaigns. They may be placed by us, or advertising networks with our, or our affiliate’s, permission. Without these cookies, you may still receive advertising – the advertising, however, will be less relevant to you.
HOW TO MANAGE COOKIES
You can manage cookies to a certain extent by amending and setting controls on your internet browser (e.g. via your “Preferences”). You should be able to:
(a) block specific cookies (e.g. from third parties and advertisers) or all cookies either across the web or from a particular website; and
(b) receive notifications when cookies are set.
You may also limit or prevent the placement of cookies by advertising networks or by setting your preferences for the major technology providers at choice.live.com
INDIVIDUALS UNDER 13 YEARS OF AGE
TRANSFER OF BUSINESS ASSETS
INTERNATIONAL TRANSFER OF DATA
Your information may be stored and processed in the USA, EU, UK, India or other countries or jurisdictions outside the USA where XIFAQ has facilities. We are currently storing data in the USA and so, by using XIFAQ , you are permitting and consenting to the transfer of information, including personal data, outside of your country.
NOTIFICATION OF CHANGES AND ACCEPTANCE OF POLICY
All uses of the word “including” mean “including but not limited to” and the enumerated examples are not intended to in any way limit the term which they serve to illustrate. Any email addresses set put in this policy may be used solely for the purpose for which they are stated to be provided, and any unrelated correspondence will be ignored. Unless otherwise required by law, we reserve the right to not respond to emails, even if they relate to a legitimate subject matter for which we have provided an email address. As a matter of common sense, you are more likely to get a reply if your request or question is polite, reasonable and there is no relatively obvious other way to deal with or answer your concern or question (e.g. FAQs, other areas of our website etc.).
Our staff are not authorised to contract on behalf of XIFAQ SOLUTIONS, waive rights or make representations (whether contractual or otherwise). If anything contained in an email from a XIFAQ SOLUTIONS address contradicts anything in this policy, our terms or any official public announcement on our website, or is inconsistent with or amounts to a waiver of any XIFAQ SOLUTIONS rights, the email content shall be read down to grant precedence to the latter. The only exception to this is genuine correspondence expressed to be from the XIFAQSOLUTIONS legal department.
HOW TO CONTACT US
Past performance is not indicative of future returns. Examples of Funds investments are for illustrative purposes only.
Full list available upon request (NDA required). There is no guarantee that any fund will achieve the same exposure to, or quality of, startups held by any existing fund. Any investment involves a high degree of risk and is suitable only for sophisticated and qualified accredited investors.
We do not provide investment advice to investors and no communication, through this website or in any other medium, should be construed as a recommendation for any security offered on or off XIFAQ. This material is provided for informational purposes only and shall not constitute an offer for any security, which will only be made pursuant to formal offering documents containing full details regarding risks, minimum investment, fees and expenses. Terms described above may be modified in the sole discretion of the investment advisor. Please contact us for additional information.