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# Code of Conduct

#### Overview
The PitchedIt Code of Conduct is one of the ways we put our values into practice. It’s built around the recognition that everything we do in connection with our work at PitchedIt and the members of our community will be, and should be, measured against the highest possible standards of ethical business conduct.

This Code of Conduct also reflects the agreed standards of behavior for members of the PitchedIt community. The community acts according to the standards written down in this Code of Conduct and will defend these standards for the benefit of the community. The basic social ingredients that hold our community together include:
- Be considerate
- Be respectful
- Be collaborative
- Be pragmatic
- Support others in the community
- Get support from others in the community


We expect all our community members and service providers to understand and comply with our Code of Conduct, the laws, and regulations that apply to our operations. While PitchedIt members are expected to self-monitor and demonstrate their compliance to the Code of Conduct, PitchedIt may audit members' behaviour to confirm compliance. PitchedIt members are expected to treat each other with respect. We take a zero-tolerance stance on harassment or discrimination of any kind on the PitchedIt platform

#### Our Standards
Examples of behavior that contributes to creating a positive environment include:
- Using welcoming and inclusive language
- Being respectful of differing viewpoints and experiences
- Gracefully accepting constructive criticism
- Showing empathy towards other community members


Examples of unacceptable behavior by participants include:
- The use of sexualized language or imagery and unwelcome sexual attention or advances
- Trolling, insulting/derogatory comments, and personal or political attacks
- Public or private harassment
- Publishing others' private information, such as a physical or electronic address, without explicit permission
- Promotion of or the attempt to sell/advertise goods or services is strictly prohibited on the Launchpad (newsfeed) or an individuals profile
- Other conduct which could reasonably be considered inappropriate in a professional setting

#### Our Responsibilities
With the support of our team, we are responsible for clarifying the standards of acceptable behavior and are expected to take appropriate and fair corrective action in response to any instances of unacceptable behavior.
PitchedIt has the right and responsibility to remove, edit, or reject comments, pitches, issues, and other contributions that are not aligned to this Code of Conduct, or to ban temporarily or permanently any contributor for other behaviors that they deem inappropriate, threatening, offensive, or harmful.

#### Enforcement
Instances of abusive, harassing, or otherwise unacceptable behavior may be reported by contacting our team. All complaints will be reviewed and investigated and will result in a response that is deemed necessary and appropriate to the circumstances. Our staff are obligated to maintain confidentiality with regard to the reporter of an incident. Further details of specific enforcement policies may be posted separately.



## Important Information on Complaint Handling

Please read the information below carefully before making a complaint to ensure the admissibility of your complaint and effective handling of your complaint.

## Introduction

PitchedIt Limited ("PitchedIt") views every complaint or expression of dissatisfaction (or feedback from a customer that conveys a certain level of dissatisfaction) as an opportunity to improve its services. When a customer expresses dissatisfaction, it provides insight into the customer experience, but it also enables PitchedIt to analyse received complaints and to (be able to) take immediate action if there appear to be systemic problems or potential legal or operational risks. A complaint will be handled with the utmost care and PitchedIt will address and, where possible, resolve the customer's problem.

For PitchedIt to be compliant with Regulation 2020/1503, PitchedIt has requirements regarding the design of an adequate and transparent complaint-handling procedure. To provide you with more information regarding the way PitchedIt has set up its complaints handling procedure and how your complaint is resolved, we have prepared this page for you.

## Free of charge

Every user has the right to make complaints free of charge. PitchedIt will not require or ask for any form of payment from its users to file and handle a complaint.

## What is a complaint?

A ‘complaint’ means a statement of dissatisfaction addressed to PitchedIt by one of its users relating to the provision of crowdfunding services within the meaning of point (a) of Article 2(1) of Regulation (EU) 2020/1503, which includes:
- PitchedIt’s services related to investing on the Platform; and
- PitchedIt’s services related to seeking funding through the Platform.

You can assume that any service offered on our platform related to offers on our platform falls under the above categories. All complaints received are recorded adequately and transparently in the internal complaints administration, handled by the Complaints Management Function according to PitchedIt’s complaints procedure and reported to the Compliance function.

## What makes a complaint admissible

A complaint is admissible if the following conditions are met:
  - The complaint is related to the provision of crowdfunding services
  - Within the meaning of point (a) of Article 2(1) of Regulation 2020/1503 which includes:
    - PitchedIt’s services related to investing on the Platform; and
    - PitchedIt’s services related to seeking funding through the Platform.
  - The user makes the complaint by using the standardised form as given in the Technical Standards and provided on the PitchedIt platform
  - The user provides the required information and evidence with their complaint
    - Further specified in Required information and evidence
  - The user has used any official language of the jurisdiction in which PitchedIt provides crowdfunding services
  - The person making the complaint is a PitchedIt Investor / PitchedIt Member / Project Owner and has a user profile on the platform
    - Everyone has the right to leave feedback to PitchedIt, but the complaint procedure will only be followed with PitchedIt Investors / PitchedIt Members / Project Owners
  - The user has used the digital form available at the bottom of this page to send a complaint electronically.

## Required information and evidence
For every complaint we require at least the following information:
  - Personal data of the complainant
    - Natural Person:
      - Full name
      - Address
      - Postcode
      - City
      - Country/Region
      - Telephone
      - Email
    - Legal Person:
      - Registration number and LEI (if available)
      - Business name
      - Address
      - Postcode
      - City
      - Country/Region
      - Telephone
      - Email

  - Personal data of the legal representative (if applicable)
  - Full reference to the investment and/or agreement to which the complaint relates
    - For investments: Full project name + Unique project number
  - Description of the complaint’s subject-matter
  - Date(s) of the facts that have generated the complaint
  - Description of damage, loss, or detriment caused

## Required evidence

  - The complainant/representative should provide all available proof supporting the claims made by the complainant
  - A copy of the contractual documents of the investments to which the complaint relates (if applicable)
  - A power of attorney or another official document as proof of the appointment of a representative (if applicable)

## The evidence required strongly depends on the matter of the complaint, but the following should at least be considered
  - Proof of damage
  - Proof of a conversation
    - The proof can be a copy of a conversation e.g., a copied email.
    - The user can refer to a conversation with a PitchedIt employee by providing details on the conversation, e.g., the time of conversation, the department they have spoken to, and the method used to contact PitchedIt.

## The procedure regarding the handling of complaints

PitchedIt has a formal procedure in place to handle complaints. After the complaint form has been sent to us a standard procedure starts. The procedure can be divided into the following steps:
  - Acknowledgement of receipt and verification of admissibility
  - Investigation of the complaint
  - Decision process

## Acknowledgement of receipt and verification of admissibility

We send an automated confirmation of receiving the complaint as soon as the complaint is received and processed in our system. This confirmation is sent for the sole purpose of giving assurance the complaint has been received. The automated confirmation will contain the following information:
  - The email address and method of adding additional information/data to the complaint.

An employee of PitchedIt gives a formal confirmation. PitchedIt strives to send this confirmation to the user within three (3) business days but will take no longer than ten (10) business days.

With this confirmation, PitchedIt will also provide the following information to the user:
  - If the complaint is admissible
  - If inadmissible PitchedIt will inform the user with a clear explanation of the reasons why
  - The identity and contact details of the person or department to whom or to which complaints may address any query related to their complaint
  - The method of adding additional information/data to the complaint
  - Every response to the confirmation mail will also directly be added to the existing complaint file
  - The estimated time in which the user can expect a response

## Investigation of the complaint

Upon receipt of an admissible complaint, we will do our utmost to resolve it. After PitchedIt  concludes that a complaint is admissible, priority will be given to assessing whether the complaint is clear and complete. In this procedure, PitchedIt  will emphasise whether the complaint includes all relevant evidence and information. PitchedIt  might need more information in addition to what is already available. If  PitchedIt  concludes that this is the case we  will assess whether this additional information can be gathered by the Complaints Management Function  or if the information needs to be provided by the User.

If more information or clarification from the user is required, PitchedIt  will without undue delay request any additional information/clarification necessary. PitchedIt  will keep the user informed on the progression of their case and respond to reasonable information requests made by the complainants without any undue delay. These requests can be made by following the instructions received with the confirmation.

## Decision on the complaint

PitchedIt  will continue the decision process if the complaint is deemed clear and complete. During the decision-making process, PitchedIt  will address all the points raised in the complaint and state the reasons for PitchedIt’s position. To ensure fair handling of the complaints PitchedIt will assess whether any precedent has been set on the points raised in the complaints. PitchedIt uses the information to assess whether a precedent has been set including but not limited to:
  - any previous complaint which raised similar points; and
  - any public response from a competent authority on a similar point.

In the case of a complaint with precedent, PitchedIt will carefully examine whether a different approach is necessary. If PitchedIt  deems a different approach appropriate, we  will clearly explain why the different approach was taken. PitchedIt will strive to make a decision that is consistent with any previous decision.

The decision will be communicated within the allocated time frame. In the case where PitchedIt is unable to respond within the timeframe, we  will clearly inform the complainant about the causes of the delay and specify the deadline by which the complainant is expected to receive the decision.

If PitchedIt  decides to not or only partially uphold the complaint, it shall include a thorough explanation of its  position on the complaint. In addition, PitchedIt  shall inform the user about the possibility to file a complaint to a competent authority in accordance with Article 38 of Regulation (EU) 2020/1503 or taking civil actions. PitchedIt  will specify how further information about such mechanism or authority and the conditions for using it can be accessed.

## Record keeping

All complaints must be properly recorded. Records of complaints must be retained for a minimum of five years from the complaint being finalised. A complaint is finalised once PitchedIt has decided on the complaint and no further response is received on the complaint for one full month or if the complainant confirms to agree with the decision.

PitchedIt will maintain a record of each complaint received and the measures taken for its resolution. Such records will include:
  - the Case Number;
  - the category of the complaint is made up of:
    - The subject of the complaint;
    - Services to which the complaint relates;
  - the date on which the complaint is received;
  - address from which the complaint was received;
  - personal information of the user, including:
    - Name and contact details of the complainant;
  - receipt acknowledgement, including:
    - Whether the complaint was deemed admissible or not;
    - The date on which a decision on admissibility was made and communicated to the complainant;
  - name of the person(s) responsible for handling the complaint;
  - whether the complaint was deemed justified or was upheld or not;
  - the date on which the decision on the complaint was made and communicated to the complainant;
  - the total processing time of the complaint (total business days from receiving the complaint to deciding on the complaint);
  - whether the entire process was completed or not;
  - the date on which the complaint is closed;
  - the investigation carried out and result/outcome; and
  - an audit trail of correspondence and communication with the complainant.

## PitchedIt records complaints for the following reasons

  - to remain compliant with article 26 (a) Regulation 2020/1503;
  - to build a complaint register that allows PitchedIt:
    - to handle similar complaints more quickly in the future;
    - to decide fairly and equally on similar complaints in the future;
  - to help improve PitchedIt services.

## Methods of filing of Complaint
  - Use the digital form available below to directly send a complaint electronically.


Documentation provided (please use the appropriate upload field)

Complainant / Legal representative

3. Information about the complaint

Complaint Form

Please follow the link in the email to reset your password.

A password reset link has been sent to the email address provided.

Please follow the link in your email to sign in.

A confirmation email has been sent to the email address provided.

Thank you for signing up! Remember, for every investor you refer who makes an investment, you'll receive €10 towards your next investment. For every founder you refer who raises successfully, you'll receive €250 in cash. Good luck, invest responsibly and most importantly, have fun!

Welcome to PitchedIt

Confirmation Page

# INVESTEE TERMS

These “Terms” govern the relationship between PitchedIt (also “we” “us” “our”), and an Investee seeking to raise funds through our Platform (also “you” “your”) (together the “parties”).
 
These Terms are to be read together with our Terms of Use, Website Privacy Policy and any other such terms or notices relevant to the use of our site or the Platform. In the event of any conflict or inconsistency between these Terms and any other relevant terms, the provisions of these Terms shall prevail.
 
##### 1. DEFINITIONS AND INTERPRETATION
 
In these Terms, unless the context otherwise requires, the following expressions have the following meanings:
 
**“€” or “Euro”** means the lawful currency of Ireland;

**“Break Fee”** has the meaning given to it in paragraph 5.3;

**“Business”** means the business of the Investee;

**“Business Day”** means any day other than a Saturday or Sunday and on which the banks are generally open in Ireland;

**“Committed”** has the meaning given to it in paragraph 2.5;
 
**“Completion”** means the event when the Investee successfully raises the investment it is seeking;
 
**“Disintermediation Fee”** has the meaning given to it in paragraph 5.3;
 
**“Expired”** means the conclusion of the Funding Period and “Expires” shall be construed accordingly;
 
**“Funding Period”** has the meaning given to it in paragraph 2.2.2;

**“Investee”** means the incorporated company seeking to raise funds by way of the Pitch. Permitted Investees are limited to companies incorporated under, and subject to, Irish law;

**“Minimum Target Amount”** means the minimum investment that the Investee states it wishes to raise by way of the Pitch which shall not be less than €50,000 and not more than €250,000;

**“Overfunding Period”** has the meaning given to it in paragraph 2.3;
 
**“Pitch”** means the fundraising campaign created by or on behalf of the Investee through our Platform, to include such notices and content as may be reasonably required;
 
**“PitchedIt”** means the company incorporated in Ireland under company number 697037 and having its registered office at 39 Northumberland Road, Dublin 4;
 
**“PitchedIt Member”** means a natural or legal person who has joined the Platform as a member;

**“Platform”** means the PitchedIt platform, which includes the website currently hosted at the domain http://www.pitchedit.io and all pages at sub-domains thereof;

**“Shares”** means the equity, equity-like interests or other securities or instruments of the Investee, certain of which will be offered in exchange for investment on a fully-diluted basis, as set out in the Pitch;

**“Success Fee”** has the meaning given to it in paragraph 5.1;
 
**“Tax Relief”** means any tax relief available to investors; and

**“Total Invested Amount”** has the meaning given to it in 2.7.1.
 
##### 2. PROCESS
 
2.1 Subject to paragraph 9.13, we have a network of service providers with experience in the SaaS industry ranging from design, engineering, marketing, sales, professional services and others. Subject to further agreement between you and such service providers, you may avail of such services to help you build and launch your Business and Pitch.
 
2.2 The stages that a successful Pitch will go through are as follows:
 
&nbsp;&nbsp; 2.2.1 Validation: Investees will be required to pitch their Business to the PitchedIt Members through the Platform. The PitchedIt Members may rate and provide feedback on the Pitch. Depending on approval rating that the Pitch receives from PitchedIt Members, we may decide to make the Pitch available (subject to section 3) for investment on the Platform. It shall be at our sole discretion as to whether or not a Pitch is to be made available for investment purposes on the Platform.

&nbsp;&nbsp; 2.2.2 Funding: For a period of 20 Business Days (not including any extension that might be granted under paragraph 2.8), triggered immediately after the evaluation period referred to in paragraph 2.2.1 has been achieved (the “Funding Period”), PitchedIt Members can invest in your Business under the terms of a SAFE (simple agreement for future equity). If a PitchedIt Member decides to invest in the Business, he or she will indicate how much he or she wishes to invest and the investment will be recorded through the Platform, such funds will not yet be Committed (defined below).
 
&nbsp;&nbsp; 2.2.3 Evaluation: Once the Funding Period is complete, the Pitch will enter the evaluation phase which will last for 5 Business Days. During this phase, all PitchedIt Members who have indicated an interest in investing in the Pitch, during the Funding Period, will participate in a majority vote to decide if your Business has a viable path to success. Criteria such as confidence in the founding team, capital raised and support from service providers may be taken into consideration. During this period, the live status of the vote will be publicly viewable, and the relevant PitchedIt Members’ vote may be changed up until this period concludes.
 
2.3 If PitchedIt Members have together indicated that they wish to invest an amount which is equal to the Minimum Target Amount prior to the Pitch Expires, the Pitch will enter the “Overfunding Period”. During the Overfunding Period, PitchedIt Members can continue to invest until the Pitch has Expired. In any event, investments shall not exceed, in aggregate, an amount greater than €250,000.
 
2.4 At any point before the Pitch enters the Overfunding Period, you may request our consent to increase the number or improve the terms of the Shares offered in the Investee. We may grant or withhold this consent at our discretion. For the avoidance of doubt, you may not change the Minimum Target Amount at any time without our consent, which will be at our sole discretion if such consent is granted or refused and subject always to applicable laws.
 
2.5 Investing PitchedIt Members will have 4 Business Days to cancel their investment before it will be Committed (defined below). Therefore, investments made during the Funding Period, the Overfunding Period and, if applicable, for up to 4 Business Days following these periods are subject to cancellation. Reference in these Terms to amounts being “Committed” means investments that have not been cancelled during this time and which will be available for transfer to the Investee, subject to the Pitch reaching the Minimum Target amount and to section 5. 
 
2.6 Provided that the Committed amounts are together equal to or greater than the Minimum Target Amount, subject to any other agreement between the parties, the Pitch will close on the earlier of the date on which:
 
&nbsp;&nbsp; 2.6.1 You inform us that you would like the Pitch to close; or

&nbsp;&nbsp; 2.6.2 The Pitch has Expired.
 
2.7 Once the Pitch has closed in accordance with paragraph 2.6:
 
&nbsp;&nbsp; 2.7.1 You will confirm how much of the Committed amounts that you will accept (the “Total Invested Amount”). Subject to any other agreement between the parties, you must accept at least the Minimum Target Amount; and
 
&nbsp;&nbsp; 2.7.2 We will transfer the Total Invested Amount (less the Success Fee, as applicable, pursuant to paragraph 5.1) to the Investee in exchange for the Shares which our appointee will hold as nominee on behalf of the investors, but with legal title being registered with our nominated custodian.
 
2.8 If 90% or more of the Minimum Target Amount is Committed before the Pitch is due to Expire, you may apply for a 5 Business Day extension to allow more time for the Minimum Target Amount to be achieved. It will be in our sole discretion if such extension is granted.
 
2.9 If the Minimum Investment Amount is not reached before the Pitch Expires, you will receive no investment, each investor will receive the amount of his or her investment credited back to his or her account, and the proposed transaction will be deemed terminated. You shall be liable for any reasonably incurred processing fees in respect of this paragraph 2.9 (see paragraph 9.15).
 
2.10 The Shares held by our appointed nominee can be made available for sale and purchase on the bulletin board on the Platform structure subject to variable pricing, unless otherwise agreed.
 
##### 3. FUNDRAISING SUITABILITY
 
3.1 During, or any time after the validation process set out in paragraph 2.2.1, you may be required complete a fundraising suitability assessment on the Platform, where you will be required to provide general details and documentation about the Business and the Investee. 
 
3.2 During the period referred to in paragraph 3.1, we may conduct a legal due diligence investigation on the Business, the Investee and its officers, and/or any other persons that we believe should be subject to such due diligence.
 
3.3 We will then make one of the following determinations, which will be in our sole discretion and as we deem appropriate:
 
&nbsp;&nbsp; 3.3.1 Authorise you to proceed with the Pitch on the Platform;
 
&nbsp;&nbsp; 3.3.2 Ask you to provide further information about the Investee, the Business or the Pitch.
 
&nbsp;&nbsp; 3.3.3 Inform you that the Pitch is not suitable to fundraise on the Platform, at which point it will be discontinued.
 
##### 4. PROMOTION SUPPORT
 
4.1 Subject to your successful validation and in accordance with paragraph 3.3.1, we will promote your Pitch through email sent from us to PitchedIt Members, and on PitchedIt’s active social media accounts, at the following milestones:
 
&nbsp;&nbsp; 4.1.1 On your Pitch’s successful validation as per paragraph 2.2.1;

&nbsp;&nbsp; 4.1.2 When your Pitch reaches a raise threshold of €50,000; and
 
&nbsp;&nbsp; 4.1.3 3 Business Days before your Pitch is due to Expire.
 
##### 5. FEES
 
5.1 Generally, our fees are by way of “Success Fee” on Completion, are as follows:
 
&nbsp;&nbsp; 5.1.1 In consideration of our services in approving and promoting the Pitch and for making it available to PitchedIt Members through our Platform, our fee equal to 7% of the greater of the Minimum Target Amount and Total Invested Amount.
 
&nbsp;&nbsp; 5.1.2 Our nominee partner’s initial €2,000 administrative fee, €2,000 annual administrative fee and €3 per investor fee.
 
&nbsp;&nbsp; 5.1.3 You agree to issue, and we agree to subscribe for ordinary shares representing 2% of the entire issued share capital of the Investee as at the date of Completion. You agree to obtain the necessary consents, waivers, approvals and pass such resolutions, hold such board meetings, execute such documentation and to generally carry out such other acts as necessary to give effect to this paragraph 5.1.3.
 
5.2 Payment of the proportion of the Success Fee, set out in paragraphs 5.1.1 and 5.1.2, will be deducted from the Total Investment Amount before we transfer it to your nominated bank account.
 
5.3 To protect from misuse of the Platform, in limited circumstances we may also charge you a “Disintermediation Fee” and/or a “Break Fee” as follows:
 
&nbsp;&nbsp; 5.3.1 Disintermediation Fee: In addition to the Success Fee, if a PitchedIt Member who has viewed the Pitch or any part thereof makes an investment in the Business other than through the Platform at any time within 12 months after the date that you submitted the Pitch, you will pay to us a fee of 7% of the amount of money such person invests, becoming immediately due upon your receipt of the investment and will be subject to interest of 2% per month until such amount is duly paid.
 
&nbsp;&nbsp; 5.3.2 Break Fee: In consideration of the work we have performed and the value we have created for the Business, you will pay us a Break Fee equal to 7% of the Minimum Target Amount or Total Invested Amount, whichever is greater, if (a) you are in breach of provisions of paragraph 9.6 or 9.12 or (b) you decide not to proceed with the investment. Payment of the Break Fee will become due immediately upon our notification to you, and it will be subject to interest of 2% per month until such amount is duly paid.
 
##### 6. TAX RELIEF
 
6.1 If you indicate, as part of your Pitch, that investments made through the Pitch will be subject to Tax Relief, it is your responsibility to take any relevant actions to ensure that such Tax Relief will apply. 
 
6.2 We shall not be liable to you, and you shall be solely liable to the relevant PitchedIt Members, in any action or claim for your breach of paragraph 6.1. You hereby indemnify us against all such actions.
 
##### 7. TERMINATION
 
7.1 These Terms shall continue in full force and effect, and shall be binding on the parties unless:
 
&nbsp;&nbsp; 7.1.1 We inform you that the Pitch is not suitable to raise funds on the Platform pursuant to paragraph 3.3.3;
 
&nbsp;&nbsp; 7.1.2 The investment is otherwise not completed subject to paragraph 5.3; or

&nbsp;&nbsp; 7.1.3 As may be otherwise agreed between the parties.
 
7.2 Any termination of these Terms does not affect the rights of the parties in respect of any prior breaches of the provisions hereto.
 
7.3 All provisions of these Terms shall survive termination if, by their nature, are intended to survive such termination.

##### 8. OUR LIABILITY

8.1 We shall not be liable to you, and hereby disclaim to the fullest extent permissible by law all liability, for:
 
&nbsp;&nbsp; 8.1.1 Any losses or damages resulting from or related to actions taken or omissions by us pursuant to these Terms, except to the extent that such losses are the direct result of fraud, wilful default or gross negligence on our part;
 
&nbsp;&nbsp; 8.1.2 All claims, damages, and causes of action of any kind which may arise in connection with investment by any PitchedIt Member in the Investee; or
 
&nbsp;&nbsp; 8.1.3 Any indirect, consequential, special or punitive loss, damage, cost or expense, unforeseeable losses or damages, loss of profit, loss of business, lost or wasted management time or time of other employees, loss of reputation, depletion of goodwill or loss, damage or corruption of data.

8.2 You hereby indemnify us against all such events anticipates set out in paragraph 8.1.2.
 
##### 9. GENERAL TERMS AND UNDERSTANDINGS
 
9.1 The Platform is a platform for connecting certain businesses with potential investors and is not an underwriter or placing agent of any sort. Accordingly, we are under no obligation to procure or to use any efforts to procure investment for you.
 
9.2 At any given time, we may approve and post campaigns of any number of businesses, including other businesses that are similar to or competitive with your Business, and the fact that we approve and post such campaigns may mean that some investors choose to invest in businesses other than you.
 
9.3 You are creating the Pitch with the aim of raising investment capital for the Investee, and you intend that any capital raised through the Platform will be used for the purpose of furthering the Business as described in the Pitch.
 
9.4 The person(s) that you appoint or will appoint to act on behalf of the Investee is a legitimate representative, has the authority to speak and act on behalf of the Investee and bind the Investee to these Terms and any documents related hereto.
 
9.5 The statements that you provide in the Pitch will be complete, accurate, truthful and not misleading and there will be no revealed facts whose omission renders the information provided misleading, it being understood that we and PitchedIt Members will rely on completeness, accuracy and truthfulness of such information. Furthermore, if within a reasonable period of time after such information has been provided, it should prove to be, for any reason, incomplete, untrue, inaccurate or misleading, you will promptly notify us and take staps to amend such statements accordingly.
 
9.6 The parties shall from time to time (both during the continuance of these Terms and after termination, as applicable) do all such acts and execute all such documents as may be reasonably necessary to give effect to the provisions of these Terms and the Pitch (as applicable). The provisions of this paragraph 9.6 shall also apply to any other such regulatory, or other such requirements, that may apply to you from time to time.
 
9.7 Subject to section 5, the parties’ professional services costs and expenses of the preparation, negotiation and execution of any agreement or documentation relating to these Terms shall be borne by each of the parties respectively.
 
9.8 The parties shall not be in breach of these Terms and shall not be liable or have responsibility of any kind for any loss or damage incurred as a result of events or reasons beyond the parties’ respective reasonable control.
 
9.9 The parties shall be deemed to have duly executed these Terms when you affirm assent by the means provided by us on the Platform or otherwise.
 
9.10 Any notices between the parties in respect of these Terms or your Pitch shall be given through the Platform and will be deemed to have been received at the time of delivery.
 
9.11 Nothing in these Terms shall act as any guarantee of the success of your Pitch or the level of investment that you will receive. Even if we approve your Pitch, it may not receive Committed investment of at least the Minimum Target Amount and, if it does not, you will not receive any investment.

9.12 You are not relying on, and shall have no remedies in respect of, any representation, warranty, pre-contractual statement or other provision except as expressly provided in these Terms.
 
9.13 While your Pitch is in the process of the stages listed under paragraphs 2.2.1 to 2.2.2, you will not, for a period of 6 months, list the Pitch or seek investments through another crowdfunding provider or raise any other investment, other than with our prior written consent.

9.14 We do not provide investment, legal, regulatory, financial, tax or consultancy advice of any kind and nothing in these Terms or any part of your engagement with us constitutes such advice. If you wish to seek such advice, we can assist with this as per paragraph 2.1, Otherwise, you should consult a professional independent advisor. We are not liable in respect of the services provided to you by any external adviser(s) engaged as per paragraph 2.1.
 
9.15 Crowdfunding is not currently a regulated activity in Ireland, and no Irish legislation applies directly to crowdfunding services being carried on in Ireland. It is our intention to apply for authorisation to the designated competent authority when crowdfunding becomes a regulated activity in Ireland.

9.16 Payment processing services on the Platform are provided by Stripe and you agree to be subject to the relevant Stripe terms and conditions including Stripe’s payment processing fees. We are not liable for the actions of Stripe, or the fees due and owing to Stripe by you.

9.17 These Terms, their subject matter and their formation, are governed by the laws of Ireland. You agree that the courts of Ireland will have exclusive jurisdiction. However, we at our sole discretion may bring legal proceedings in any other jurisdiction, including the jurisdiction where you are domiciled or based, to recover fees or other sums payable to us.



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# PRIVACY POLICY

##### 1. OVERVIEW
This is a privacy policy that governs your use of our website https://pitchedit.co. This privacy policy should be read together with our Terms of Use any other such terms or notices relevant to the use of our site.

##### 2. WHO WE ARE
https://pitchedit.co is a site operated by PitchedIt Limited (“we” “us” “our”). We are registered in Ireland under company number 697037 having our registered office at 39 Northumberland Road, Dublin 4. 

We respect your privacy and are committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

##### 3. PURPOSE OF THIS PRIVACY POLICY
This privacy policy aims to give you information on how we collect and process your personal data through your use of this website, including any data you may provide through this website.

##### 4. CHANGES TO THE PRIVACY POLICY AND YOUR DUTY TO INFORM US OF CHANGES
We keep our privacy policy under regular review.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

##### 5. THIRD-PARTY WEBSITE LINKS
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

##### 6. DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

**Identity Data**, including first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.

**Contact Data**, including billing address, delivery address, email address and telephone numbers.

**Financial Data**, including bank account and payment card details.

**Transaction Data**, including details about payments to and from you and other details of products and services you have purchased from us.

**Technical Data**, including internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website. 

**Profile Data**, including your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.  

**Usage Data**, including information about how you use our website, products and services. 

**Marketing and Communications Data**, including your preferences in receiving marketing from us and our third parties and your communication preferences.

We also may collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

##### 7. IF YOU FAIL TO PROVIDE PERSONAL DATA
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time. 

##### 8. HOW YOUR PERSONAL DATA IS COLLECTED
We use different methods to collect data from and about you including through:

Direct interactions: You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us through our website, by post, phone, email or otherwise. This includes personal data you provide when you:
1. apply for our products or services;
2. create an account on our website;
3. subscribe to our service or publications; 
4. request marketing to be sent to you;
5. enter a competition, promotion or survey; or
6. give us feedback or contact us. 

Automated technologies or interactions: As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies.

Third parties or publicly available sources: We will receive personal data about you from various third parties and public sources as set out below.

Technical Data from the following parties:
1. analytics providers; 
2. advertising networks; and
3. search information providers.

Contact, Financial and Transaction Data from providers of technical, payment and delivery services.

Identity and Contact Data from data brokers or aggregators.

Identity and Contact Data from publicly available sources.

##### 9. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
1. Where we need to perform the contract we are about to enter into or have entered into with you.
2. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
3. Where we need to comply with a legal obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us. 

##### 10. MARKETING
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

##### 11. PROMOTIONAL OFFERS FROM US 
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing). 
You may receive marketing communications from us if you have requested information from us and you have not opted out of receiving that marketing.

##### 12. THIRD-PARTY MARKETING 
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes. 

##### 13. OPTING OUT
You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time on support@pitchedit.co. 

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

##### 14. CHANGE OF PURPOSE 
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. 
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

##### 15. DISCLOSURES OF YOUR PERSONAL DATA
We may share your personal data with our affiliates, business partners or third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy. 

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

##### 16. DATA SECURITY
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. 

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

##### 17. DATA RETENTION
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

##### 18. FEES
We may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

##### 19. WHAT WE MAY NEED FROM YOU
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

##### 20. TIME LIMIT TO RESPOND
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated. 


Uncover due diligence essentials in private investing, making informed decisions by evaluating potential risks and rewards of each opportunity.

Due diligence in private markets

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Resources

# RISK WARNING
 
All forms of investments carry a degree of risk, particularly those involving start-up companies. Before investing in any companies through our platform, the following should be considered:

##### 1. LOSS OF CAPITAL
Most start-up companies fail. This means that if you invest in any company through our platform, it is more likely that you will lose all of your investment than it is that you will see a return of capital or a profit. You should not invest amounts that you can afford to lose without altering your standard of living.

##### 2. ILLIQUIDITY
Any investment that you make through our platform will be highly illiquid. This means that it may be difficult to transfer or convert shares in investee companies into cash or otherwise.

##### 3. RARITY OF DIVIDENDS
Start-up companies rarely pay dividends. This means that if you invest in a company through our platform, you are unlikely to see any return of capital or profit until you are able to sell your shares in the investee company. This is unlikely to occur for a considerable period of time from when you make your investment, if at all.

##### 4. DILUTION
The shares, subject to an investment that you make through our platform, are likely to be subject to dilution. This means that if the investee company raises additional capital in a later investment round, it will issue new shares to new investors, and the percentage of the company that you own will reduce. These new shares may also have preferential rights over the class of shares that you hold, for example in respect to pay outs of profits or on a winding up of the company. Dilution may also arise, for example, as a result of the grant of options to employees or other parties engaged by the company.

##### 5. DIVERSIFICATION
Investing in start-up companies should only be done as part of a diversified portfolio. This means that you should invest smaller amounts in a larger number of companies rather than larger amounts in a smaller number of companies. Investing in start-up companies should be seen as relatively risky with the majority of your portfolio invested in relatively safer, more liquid assets.

##### 6. TAX TREATMENT
Tax reliefs are not guaranteed and depend on an investee company maintaining its qualifying status, which may also be withdrawn at any time by the Revenue Commissioner, or other such authority.

##### 7. PAST PERFORMANCE, FORWARD LOOKING STATEMENTS AND FORECASTS
Past performance, forward looking statements and forecasts are not a reliable indicator of future results.


# TERMS OF USE

##### 1. OVERVIEW
These terms and of use govern your use of our website https://pitchedit.co as an investor, investee or in any other capacity. By using our site, you confirm that you accept these terms of use and that you agree to comply with them, and all relevant laws and regulations. These terms should be read together with our Privacy Policy, Investee Terms any other such terms or notices relevant to the use of our site.

##### 2. WHO WE ARE AND HOW TO CONTACT US
https://pitchedit.co is a site operated by PitchedIt Limited (“we” “us” “our”). We are registered in Ireland under company number 697037 having our registered office at 39 Northumberland Road, Dublin 4. 

##### 3. CHANGES TO THESE TERMS AND TO OUR SITE
We reserve the right to amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

We may update and make changes to our site from time to time.

##### 4. WE MAY SUSPEND OR WITHDRAW OUR SITE
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict, in respect of any user, the availability of all or any part of our site for business and operational reasons. Where appropriate, we will provide reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

##### 5. ONLY FOR USERS IN IRELAND
Our site is directed to users residing in Ireland. We do not represent that content available on or through our site is appropriate for use or available in other locations.

##### 6. KEEP YOUR ACCOUNT DETAILS SAFE
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@pitchedit.co.

##### 7. USE OF MATERIAL ON OUR SITE
We are the owner or the licensee of all intellectual property rights on our site, and in the material published on it.  Such works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print, copy, and download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

##### 8. RELIANCE ON INFORMATION ON OUR SITE
The content on our site is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

##### 9. THIRD PARTY WEBSITES LINKS
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

##### 10. USER-GENERATED CONTENT
This website may include information and materials uploaded by other users of the site, including, but not limited to, bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not necessarily represent our views or values.

##### 11. OUR LIABILITY 
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
1. use of, or inability to use, our site; or
2. use of or reliance on any content displayed on our site.

In particular, we will not be liable for:

1. loss of profits, sales, business, or revenue;
2. business interruption;
3. loss of anticipated savings;
4. loss of business opportunity, goodwill or reputation; or
5. any indirect or consequential loss or damage.

##### 12. UPLOADING CONTENT TO OUR SITE
Any content that you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any content or posting you make on our site if, in our opinion, we decide to do so.
You are solely responsible for securing and backing up your content.

You agree that the content that you upload will not be of an offensive, adult, harmful, malicious, false, fraudulent, unlawful or misleading nature or would generally bring the reputation of our website into disrepute.

##### 13. RIGHTS TO USE MATERIAL YOU UPLOAD
When you upload or post content to our site, you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote the site or the service to expire when the user deletes the content from the site forever.

##### 14. MALICIOUS SOFTWARE
We do not guarantee that our site will be secure or free from viruses or other malicious software.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. We will report any such act to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such an act, your right to use our site will cease immediately.

##### 15. LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.

##### 16. SEVERABILITY
If at any time any one or more of the provisions of these terms of use, or any part thereof, is or becomes invalid, illegal or unenforceable in any respect under any law or regulation, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

##### 17. ASSIGNMENT
These terms of use, and your rights and obligations under them, are personal to you and you may not assign or in any other way transfer them. We may transfer our rights and obligations under these terms to another organisation.

##### 18. NO WAIVER
In the event that either you or we fail to exercise any right or remedy contained in these terms of use, that does not mean you or we (as applicable) have waived that right or remedy and so shall not be construed as a waiver.

##### 19. CHOICE OF LAW AND JURISDICTION
These terms of use, their subject matter and their formation, are governed by the laws of Ireland. You agree that the courts of Ireland will have exclusive jurisdiction. However, we at our sole discretion may bring legal proceedings in any other jurisdiction, including the jurisdiction where you are domiciled or based, to recover fees or other sums payable to us.

##### 20. COMPLAINTS
If you are reading this section you are probably unhappy. So, first things first, we are sorry. 

We want all of our users to have a fantastic experience when using PitchedIt, so when we hear that we have not provided a service to that standard, we want to do all that we can to make things right.

We hope that most matters can be resolved either through our crisp chat support, or through an email or video-chat conversations with one of the members of our team. 

However, we appreciate that some matters sometimes require further escalation. That is what this section is for.

Should you find that you need to make a complaint, we can assure you that it will be addressed swiftly, fairly and efficiently, so that we can find a resolution as quickly as possible.

If you have a complaint, we ask that you do the following:

Write an email addressed to support@pitchedit.co
Enter the subject line: “I have a complaint” and add your name and your company name (if applicable).
In the body of the email, please describe as much as possible the nature of the complaint, including when the issue happened and who you had been dealing with in our team, if anyone.
 
After you send your complaint email, you will receive an acknowledgement email from us within 7 business days. 

A senior member of our organisation will review the complaint and will respond within a few days (no later than 7 business days from your acknowledgement email). This initial response may offer a resolution or may begin a dialogue in an attempt to reach the best possible outcome.



Resources

Due diligence in private markets

Portfolio diversification in private markets

Understanding private market valuations

General

Legal

Social

Risk Warning