1. The Levenue Platform
The Levenue platform is an online platform whichbrings together companies with a business model based on recurring revenues (each a "XaaSBusiness") seeking to obtain financing for growth, andinvestorsinterested in providing such financing ("Investors").The Levenue platform operates as a "market place" where XaaS Companies can turn monthly recurring revenues into an upfront annual payment.The platform and the services accessible via the platform (including with respect to the "market place", the access to and analysis of data by Levenue, and the matching of "orders" between the "buy side" and the "sell side") are collectively referred to as the "Levenue Platform".
Levenue intends to submit or has submitted an application to become a duly licensed crowdfunding service provider in accordance with Regulation (EU) 2020/1503 of the European Parliament and of the Council of 7 October 2020 on European crowdfunding service providers for business, which will apply from 10 November 2021. As long as the application process is pending, the Levenue Platform will be restricted to XaaS Businesses and Investors incorporated in certain jurisdictions and provided, in the case of the Investors, that they qualify as qualified investors, as defined in Regulation (EU) 2017/1129 of the European Parliament and of the Council of 14 June 2017 on the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market, and the minimum amount of each financing transaction will be EUR 100,000.
The Levenue Platform is currently intended solely for XaaS Businesses and Investors which are companies or legal entities duly incorporated in Belgium, The Netherlands, Luxembourg or England and Wales, provided that Levenue may also accept XaaS Businesses or Investors in other jurisdictions. The Levenue Platform is not intended for individuals or sole traders.
In case you need technical support, you can contact us on the following e-mail address firstname.lastname@example.org
2. Applicability, Changes and Terms of Service of Third Party Servicer Providers
We reserve the right at any time, and from time to time, with or without cause to:
change the Levenue Platform, including eliminating or discontinuing, temporarily or permanently, any service or other feature of the Levenue Platform without any liability towards the User or any third parties;
deny or terminate, in part, temporarily or permanently, your use of and/or access to the Levenue Platform as set forth herein.
Any such amendments or changes made will be effective immediately upon us making such changes available in the Levenue Platform or otherwise providing notice thereof. You agree that your continued use of the Levenue Platform after such changes constitutes your acceptance of such changes.
3. Use of the Levenue platform
To use the Levenue Platform, your device requires a WIFI or mobile internet connection. The access to such WIFI or mobile internet connection is your sole responsibility. Please make sure that your mobile device meets the minimum system requirements. If your device does not meet these minimum system requirements, we cannot ensure that the Levenue Platform will function properly. Levenue shall not be liable for any loss or damage in connection with your failure to comply with the above requirements.
You shall be fully responsible for all activities that arise under your account. You shall be solely responsible for maintaining the confidentiality and security of your account login information such as your password. You shall immediately notify any unauthorised use, or suspected unauthorised use of your account or any other breach of security with respect to your account on the Levenue Platform. Levenue shall not be liable for any loss or damage arising from your failure to comply with the above-mentioned requirements.
Levenue has the right, but not the obligation, atits sole discretion, to provide you with certain updates of the Levenue Platform.
4. Licence Granted to the User
alter, translate, adapt or modify in any manner the Levenue Platform;
sublicense, lease, rent, loan, distribute, make available or otherwise transfer the Levenue Platform to any third party;
make the Levenue Platform available or to sell or rent the Levenue Platform to any thirdparty;
decompile, reverse engineer, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organisation) of the Levenue Platform;
use or copy the Levenue Platform except as expressly allowed under this clause4;
gain unauthorised access to accounts of other users;
use the Levenue Platform to conduct or promote any illegal activities;
use the Levenue Platform to circulate unsolicited e-mail advertisements or spam;
impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
use any high volume automatic, electronic or manual processes to access, search or harvest information from the Levenue Platform (including without limitation algorithms, robots, spiders or scripts);
alter, remove, or obscure any copyright notice, digital watermarks, proprietary legends or other notice included in the Levenue Platform;
remove or in any manner circumvent any technical or other protective measures in the Levenue Platform; or
intentionally distribute any worms, Trojan horses, corrupted files, or other items of a destructive or deceptive nature or use the Levenue Platform for any unlawful, invasive, infringing, defamatory or fraudulent purpose.
Except as expressly set forth herein, no express or implied licence or right of any kind is granted to you in respect of the Levenue Platform, including but not limited to any right to obtain possession of any source code, data or other technical material relating to the Levenue Platform.
5. Licence granted to Levenue
6. Intellectual property rights
7. Suspension for breach
We collect your personal data for the following purposes:
To the maximum extent permitted under applicable law, Levenue shall only be liable for damages resulting from its gross negligence; wilful misconduct orfraud.
To the maximum extent permitted under applicable law, the liability of Levenue to you in connection with your use of the Levenue Platform or otherwise for any cause whatsoever will at all times be limited to the higher of (i) half of the total transaction fees paid to Levenue in the previous two years immediately preceding the claim in connection with financing transactions concluded by you (as XaaS Business or as Investor) via the Levenue Platform and (ii) EUR 100,000.
You agree that Levenue can only be held liable as per the terms of this clause 8 to the extent damages suffered by you are directly attributable to Levenue. For the avoidance of doubt, Levenue shall not be liable for any claims resulting from or in connection with:
the accuracy, completeness, correctness or adequateness for its intended use of the User Content;
your unauthorised use of the Levenue Platform;
your or any thirdparty's modification of (any parts of) the Levenue Platform;
your failure to use the most recent version of the Levenue Platform made available to you or your failure to integrate or install any corrections to the Levenue Platform issued by Levenue; or
your use of the Levenue Platform in combination with any non-Levenue products or services.
We are committed to safeguarding and protecting your personal data and using it lawfully, fairly and in a transparent way, in compliance with the GDPR, and we will only collect and process your personal data for the specified and explicit purposes listed above.
Except as expressly provided in this clause 9 and to the maximum extent permitted by applicable law, the Levenue Platform is provided "as is", and Levenue makes no (and hereby disclaims all) other warranties, guarantees, covenants or representations, or conditions, whether written, oral, express or implied including, without limitation, any implied warranties of satisfactory quality, course of dealing, trade usage or practice, merchantability, accuracy, suitability, availability, title, non-infringement, or fitness for a particular use or purpose, with respect to the use, misuse, or inability to use the Levenue Platform or any other products or services provided to the User by Levenue. Levenue does not warrant that the Levenue Platform or its content will meet your requirements, is error-free, secure, reliable or will operate without interruption.
The User acknowledges and agrees that there are risks inherent to transmitting information over and storing information on the internet and that Levenue is not responsible and cannot be held liable for any losses of your data, including but not limited to the User Content.
that any User Content provided by you is accurate, complete, truthful and adequate for its intended use through the Levenue Platform, and shall not:
i) infringe any Intellectual Property Rights of third parties;
ii) misappropriate any trade secret;
iii) be deceptive, defamatory, obscene, pornographic or unlawful;
iv)contain any viruses, worms or other malicious computer programming codes intended to damage Company's system or data; or
v) otherwise violate the rights of a thirdparty.
The Useracknowledges and agrees that Levenue is not obligated to back-up any UserContent. You agree that any use of the Levenue Platform contrary to or in violation of these representations and warranties shall constitute unauthorised and improper use of the Levenue Platform for which Levenue cannot be held liable.
We are allowed to process your personal data if a legally permitted reason applies. These include the following:
Levenue shall defend and indemnify you as specified herein against any founded and well-substantiated claim(excluding indirect or consequential damages) brought by third-parties to the extent such claim is based on an infringement of the Intellectual Property Rights of such third party by the Levenue Platform and excluding any claims resulting from or in connection with:
a) the accuracy, completeness, correctness or adequateness for its intended use of the User Content;
b) your unauthorised use of the Levenue Platform;
c) your or any thirdparty's modification of (any parts of) the Levenue Platform;
d) your failure to use the most recent version of the Levenue Platform made available to you or your failure to integrate or install any corrections to the Levenue Platform issued by Levenue; or
e) your use of the Levenue Platform in combination with any non-Levenue products or services.
Such indemnity obligation shall be conditional upon the following:
a) Levenue is given prompt written notice of any such claim;
b) your unauthorised use of the Levenue Platform;
c) upon Levenue's request, the User fully cooperates with Levenue in the defence and settlement of such a claim, at Levenue's expense; and
d) the User makes no admission as to Levenue's liability in respect of such a claim, nor does the User agree to any settlement in respect of such a claim without Levenue's prior written consent.
In the event the Levenue Platform, in Levenue's reasonable opinion, is likely to or becomes the subject of a third party infringement claim (as per this clause10.1), Levenue shall have the right, at its sole discretion and expense, to:
a) modify the (allegedly) infringing part of the Levenue Platform so that it becomes non-infringing while preserving materially equivalent functionalities;
The foregoing states the entire liability and obligation of Levenue and the sole remedy of the User with respect to any infringement or alleged infringement of any Intellectual Property Rights caused by the Levenue Platform or any part thereof.
By the User:
You hereby agree to indemnify and hold harmless Levenue and its current and future affiliates, officers, directors, employees, agents and representatives from each and every demand, claim, loss, liability, or damage of any kind whatsoever (including reasonable attorney's fees) whether in tort or in contract, that it or any of them may incur by reason of, arising out of or in connection with any claim which is made by any third party with respect to:
your access to or use of the Levenue Platform;
any User Content (including where such User Content violates or is alleged to violate any Intellectual Property Rights of a third party);or
fraud, wilful misconduct, or gross negligence committed by you.
a) save as set out in paragraph (c) below, you will no longer be authorised to access or use the Levenue Platform;
If you feel that our service has not met your expectations, then please tell us. Customer complaints are important to our organisation. They offer specific insights into how we might improve our services, processes and procedures.
You may submit a complaint by contacting us email@example.com, detailing the nature of your complaint and providing all relevant information and your contact details. To ensure that your complaint is resolved as soon as possible, please outline any steps you would like us to take in addressing the issue.
Once a complaint has been received, we will acknowledge it and aim to resolve it as quickly as possible. The length of time will depend on the nature of the issues involved. Should a delay occur, we will contact you explaining the reason of the delay and outline the next steps.
Levenue will be free to:
Governing law and jurisdiction