Legal

Terms of Service

The terms and conditions governing your use of the FailUp Capital website.

Last updated: March 1, 2025  |  Effective Date: March 1, 2025

Please read these Terms of Service ("Terms," "Terms of Service") carefully before using the website located at failup.org (the "Site") operated by FailUp Capital ("FailUp Capital," "we," "us," or "our"). Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Site.

By accessing or using the Site, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Site.

1. Use of the Site

Permitted Use

FailUp Capital grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial informational purposes. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:

  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Use the Site in any way that violates any applicable federal, state, local, or international law or regulation.
  • Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which may harm FailUp Capital or users of the Site.
  • Use the Site to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Impersonate or attempt to impersonate FailUp Capital, an FailUp Capital employee, another user, or any other person or entity.
  • Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site.

2. Intellectual Property

The Site and its original content, features, and functionality are and will remain the exclusive property of FailUp Capital and its licensors. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of FailUp Capital.

All articles, analyses, research, graphics, logos, and other content published on the Site ("Content") are the property of FailUp Capital and are protected by United States and international intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content on our Site, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.

3. Investment-Related Disclaimers

No Investment Advice

The content published on this Site, including all articles, analyses, market commentary, and investment perspectives ("Insights"), is for general informational and educational purposes only. Nothing on this Site constitutes investment advice, financial advice, trading advice, or any other sort of advice, and you should not treat any of the Site's content as such. FailUp Capital does not recommend that any investment or securities should be purchased, sold, or held by you.

Not an Offer to Invest

Nothing on this Site constitutes a solicitation, recommendation, endorsement, or offer by FailUp Capital or any third party to buy or sell any securities or other financial instruments in any jurisdiction. Any offering of securities made by FailUp Capital is conducted pursuant to a private placement memorandum, subscription agreement, and other applicable offering documents, and is made only to qualified investors as defined by applicable law. Access to information about FailUp Capital's investment activities is limited to persons who qualify as sophisticated investors or accredited investors under applicable securities laws.

Past Performance

Past performance of investments described or referenced on this Site is not indicative of future results. Venture capital investing involves significant risk, including the risk of loss of the entire amount invested. Hard tech and deep tech investments in particular carry long development timelines, technology risk, and market adoption risk. No guarantee is given that any investment will achieve its objectives.

Forward-Looking Statements

This Site may contain forward-looking statements about FailUp Capital's investment strategy, portfolio companies, market opportunities, and related matters. Such statements involve known and unknown risks, uncertainties, and other factors that may cause actual results to differ materially from those expressed or implied. Forward-looking statements are based on current expectations and are subject to change. FailUp Capital undertakes no obligation to update any forward-looking statements.

4. Third-Party Links

The Site may contain links to third-party websites or services that are not owned or controlled by FailUp Capital. FailUp Capital has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that FailUp Capital shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. The inclusion of any link does not imply endorsement by FailUp Capital of the linked site or any association with its operators.

5. Disclaimer of Warranties

THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FAILUP CAPITAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

FAILUP CAPITAL DOES NOT WARRANT THAT (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE SITE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FAILUP CAPITAL, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, SALES, GOODWILL, USE OF DATA, BUSINESS INTERRUPTION, OR OTHER ECONOMIC ADVANTAGE) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE, OR OTHERWISE, EVEN IF FAILUP CAPITAL HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF FAILUP CAPITAL AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS RELATING TO THE SERVICES WILL BE LIMITED TO ONE DOLLAR ($1.00) OR THE AMOUNTS PAID BY YOU TO FAILUP CAPITAL IN THE PAST THREE MONTHS, IF ANY.

7. Indemnification

You agree to defend, indemnify, and hold harmless FailUp Capital and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, any use of the Site's content, services, and products other than as expressly authorized in these Terms.

8. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Any disputes arising out of or relating to these Terms or the Site shall be resolved through binding arbitration conducted by a single arbitrator under the rules of the American Arbitration Association in accordance with its Commercial Arbitration Rules, with proceedings conducted in Delaware. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

9. Modifications to the Site and Terms

We reserve the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Site.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will try to provide at least thirty days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised terms.

10. Severability and Waiver

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

No waiver by FailUp Capital of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of FailUp Capital to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

11. Contact Information

If you have questions about these Terms of Service, please contact us:

FailUp Capital
Legal Department
Email: legal@failup.org
Website: failup.org/contact