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Terms of Service

PLEASE READ THESE TERMS OF SERVICE (the “Terms“) AS THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. 

Introduction 

Werfen, S.A. (hereinafter “Werfen”, “we” or “us”), a Spanish company holding tax Identification number A08754111, with corporate address at Plaza Europa, 21-23, 08908 L’Hospitalet de Llobregat, Barcelona and registered with the Commercial Registry of Barcelona under volume 4.853, book 4.172, section 157 and sheet 54.551 welcomes you to its site www.weventurecapital.com (the “Site”).

The purpose of these Terms is to set forth the terms and conditions under which we provide you our Services, as this term is defined hereunder, through the Site. The Site is intended for startups and individuals pursuing a commercial or professional activity only. Therefore, by accessing the Site and using the Services, you warrant and represent that you are not a consumer and that you are of legal age in your jurisdiction. 

By accepting these Terms, you represent that you have carefully read these Terms and that you accept and agree to be bound by each consideration contained herein, including our privacy policy (the “Privacy Policy“) and cookie policy (the “Cookie Policy“), which are incorporated into these Terms by reference.

Services

Through the Site, we provide startups with a platform that allows them to pitch us their ideas with the purpose of exploring the possibilities of a potential investment (the “Services”).  If you are interested in receiving our Services, you should follow the next steps:

  • Download our template (available in our Site) of what we look for in a non-confidential deck;
  • Submit your startup pitch to us at contactus@weventurecapital.com. When you submit your pitch to us, you can voluntarily include any contact information in your email (i.e., your name, surname, job title, company, and e-mail). This contact information will be processed in accordance with our Privacy Policy available here.

Afterward, we will review your deck, and if we think there is a good fit, we will reach out to you and start exploring the possibilities of a successful journey together. In this case, particular conditions may apply to Services provided by us. We will direct you to these additional terms at the time that you interact with us in relation to the relevant Services. If there is a conflict between these Terms and the terms that apply to any Service, the terms that apply to that Service shall take precedence to the extent of such conflict.

Accessibility to the Site 

You are responsible for obtaining and maintaining all connectivity, computer software, hardware, and other devices or equipment needed for access to and use of the Site and all charges related to the same. In particular, you may access the Site through a computer, mobile phone, tablet, console, or other technology. 

Use restrictions of the Site 

You undertake to use the Site and the information contained therein with due standard of care and to comply entirely with applicable legislation and these Terms. You may upload content or materials to the Site provided it complies with the rules of conduct established below and shall remain liable for any content or material uploaded.  

We reserve the right to terminate our Services if you misuse the Site or violate these Terms, including without limitation, the following rules of conduct.

You may not:

  • Use a false identity for the purpose of misleading Werfen or others;
  • Upload, post, transmit to Werfen by any means, or otherwise make available any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • Impersonate Werfen, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted;
  • Upload, post, email, transmit to Werfen by any means, or otherwise make available any content or materials that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • Upload, post, email, transmit to Werfen make available any content or materials that infringe any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
  • Upload, post, transmit to Werfen by any means, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • Upload, post, email, transmit to Werfen by any means, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Attempt to interfere with or disrupt our servers or networks or the Services provided to you;
  • Intentionally or unintentionally violate any applicable local, state, national, or international law or any regulations having the force of law.

Information Available Through the Site and Services

This Site and/or the Services may contain information about products, programs, events, or resources that may not be available in all countries and that is subject to change. Even if available, the governmental approval or market clearance received for a particular product in one country may be for a different use or indication, or subject to different restrictions, than in another country. No information contained on the Site or made available through the Services should be construed as a solicitation for, or promotion of, any product or the use of any product that is not authorized by the laws and regulations of the country where you reside.

THE INFORMATION ON THIS SITE AND/OR MADE AVAILABLE THROUGH THE SERVICES IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.

Intellectual Property Rights

Werfen grants to you a limited personal, non-exclusive, and non-transferable right and license to access the Site. The Site including, without limitation, the content, metadata, design, organization, compilation, look and feel, articles, information and all other protectable content available through the Site (the “Proprietary Materials”) are the property of Werfen or the property of our licensors and are protected by copyright and other intellectual property laws. 

All rights regarding the Proprietary Materials are reserved by Werfen. Unless you have the written consent of Werfen, you may not copy, reproduce, sell, publish, distribute, display, retransmit, modify, or otherwise provide public access to the Proprietary Materials received through the Site to anyone except for your personal non-commercial use. You agree not to rearrange, modify, or create derivative works using the Proprietary Materials. 

You agree not to create, scrape, or display our content for use on another website or service. You agree not to post any content from the Site to weblogs, news groups, mail lists, or electronic bulletin boards, without our written consent. Notwithstanding this limitation on posting content, you may post links to news, information, and events made available to you through the Site on your personal social media accounts (for example, Twitter®, Facebook®, LinkedIn® platforms) without our written consent. Any posts you make to your social media accounts are subject to the terms and policies of the respective social media platform and it is your responsibility to comply with these terms and policies. Please note that some links may resolve to sites or Services that will require a Werfen account.

Third-Party Websites

We may link to or promote websites or services from other companies for convenience only. You agree that Werfen is not responsible for, and does not control, those websites. Werfen encourages you to be aware of this when you leave the Site and to read the legal notices and privacy policies of each and every website you visit. Your use of a third-party website will be subject to such third-party’s terms of use and privacy policy. We do not express any opinion on the content of any third-party websites or services and expressly disclaim any liability for all third-party information and the use of it.

Personal Data Protection

Please read our Privacy Policy available here and our Cookies Policy available here for more information on how we use personal data and related matters.

Disclaimers

YOU USE THE SITE AT YOUR OWN RISK. WERFEN EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR EFFICACY OF THE CONTENT OF THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES IN SUCH CONTENT. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SITE AND THE CONTENT AND SERVICES AVAILABLE THROUGH THE SITE ARE ON AN “AS-IS”, AND “AS-AVAILABLE” BASIS AND WERFEN SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WERFEN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT, AND MATERIALS IN THIS SITE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, WERFEN LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT WERFEN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WERFEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE SITE OR ANY WEBSITES LINKED TO THE SITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SITE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (F) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT SHALL WERFEN’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW.

Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold us harmless and our employees, officers, directors, contractors, consultants, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns from and against all claims, damages, liabilities, losses, costs and expenses (including attorneys’ fees) that arise from or relate to (i) your access to the Site, including, but not limited to, products or Services other than as expressly authorized in these Terms; (ii) violation of these Terms or of the applicable law; (iv) use of information from the Site; or (v) any misrepresentation made by you.

We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this clause. In such event, you shall provide us with such cooperation as is reasonably requested.

Modification and Suspension

Werfen may revise, modify, and update these Terms at any time. All changes will take effect once they have been posted on the Site. Please ensure that you revisit and review these Terms regularly. Your continued use of the Site or Services will mean you accept the Terms in their then-current version. Should a substantial modification of these Terms take place, you will be asked to either expressly accept the revised Terms or to stop using the Site and the Services.

Werfen may at any time cease the operation of the entire Site or parts thereof. In such event, Werfen shall not accept any responsibility and shall not be liable for the continuous availability of the Site.

Miscellaneous 

These Terms constitute the entire agreement between you and us regarding the use of the Site.

Werfen may assign its rights and obligations under these Terms. These Terms will inure to the benefit of the successors, assigns, and licensees of Werfen. 

If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms, or to exercise any right under the Terms, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right.

Governing Law and Jurisdiction

You agree that these Terms, as well as any and all claims arising from these Terms, will be governed by and construed in accordance with the laws of Spain, without regard to any conflict or choice of law principles. 

The sole and exclusive jurisdiction and venue for any litigation arising out of these Terms or in any way related to the Site will be an appropriate court located in Barcelona, Spain.

How to contact us

You can contact us by email at contactus@weventurecapital.com, or by post at Werfen, S.A., Plaza Europa, 21-23, 08908, L’Hospitalet de Llobregat, Barcelona, Spain. 

These Terms were last updated on September 5, 2023.