Terms of Service

Last Updated: 20.05.2023

These Terms of Service (“Terms”) govern your use of the Fundshing.com website (the “Website”) and any services provided by Fundshing (“we,” “us,” or “our, or “Service Provider”). By accessing or using the Website and our services, you agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using our website and services.

1. General

1.1 Acceptance of Terms

By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any additional terms and conditions provided to you by us.

1.2 Modifications

We reserve the right to modify or update these Terms at any time without prior notice. It is your responsibility to review these Terms periodically regarding any changes. Your continued use of the Website and our services after any modifications to these Terms constitutes your acceptance of the revised Terms.

2. Services

2.1 Description of Services

Fundshing provides a range of services including ICO services, STO services, Asset Tokenization, Fundraising Support, Custom Solutions, Legal and Compliance, Marketing and Promotion, Web3 Academy, Blockchain Jam, and Venture Club. These services are subject to their respective terms and conditions, which will be provided to you when utilizing specific services.

2.2 Token Offering Services

The Service Provider offers end-to-end support and advisory services to companies in customizing and launching their Security Token Offerings (STOs) or Initial Coin Offerings (ICOs) related to utility tokes. This includes assistance with token structuring, regulatory compliance, legal documentation, marketing strategies, investor relations, and post-token offering support. The Service Provider will work closely with the client to understand their specific requirements and provide tailored solutions to meet their token offering objectives.

 2.2.1 Consultation and Advisory Services

The Service Provider will provide expert consultation and advisory services to guide companies through the token offering process. This includes assessing the feasibility of a token offering, evaluating regulatory requirements, assisting with the preparation of whitepapers and legal documentation, and advising on investor outreach strategies. The Service Provider will strive to provide accurate and up-to-date information, but it does not guarantee the success or outcome of the token offering.

 2.2.2 Regulatory Compliance

When engaging in token activities, companies are responsible for ensuring compliance with applicable laws, regulations, and guidelines. The Service Provider will provide guidance and support in understanding and meeting regulatory requirements using 3^rd party specialized law firms. However, it is the client’s responsibility to seek legal advice and ensure compliance with all relevant securities laws, anti-money laundering (AML) regulations, and know-your-customer (KYC) requirements.

2.2.3 Tokenization and Smart Contract Development

The Service Provider will assist companies in tokenizing their assets and developing secure smart contracts to facilitate the issuance and management of security tokens. This includes working with the client to define the Tokenomics, governance mechanisms, and token distribution strategies. The Service Provider will employ industry best practices and collaborate with experienced developers to ensure the security and efficiency of the tokenization process.

2.2.4 Marketing and Investor Relations

The Service Provider will support companies in developing effective marketing strategies and investor relations activities to promote their token offering and attract potential investors. This includes creating marketing materials, coordinating PR campaigns, organizing investor events, and managing communication channels. However, the Service Provider does not guarantee the actions or investment decisions of investors and is not responsible for any investment losses or outcomes.

2.2.5 Fees and Payment

The fees for the token offering services will be determined on a case-by-case basis and will be outlined in a separate agreement or proposal. The client agrees to pay the agreed-upon fees in a timely manner as specified in the payment terms. Failure to make timely payments may result in the suspension or termination of the token offering services.

2.2.6 Confidentiality

The Service Provider acknowledges that it may have access to confidential information of the client while providing token offering services. The Service Provider agrees to treat all confidential information with the utmost care and to use it solely for the purpose of delivering the agreed-upon services. Confidential information will not be disclosed to third parties without the client’s prior written consent, except as required by law.

2.2.7 Limitation of Liability

The Service Provider shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with the use or inability to use the token offering services. This includes but is not limited to loss of profits, data, or goodwill. The Service Provider’s total liability under this Agreement, regardless of the cause of action, shall be limited to the amount paid by the client for the specific token offering services rendered.

2.2.8 Termination

Either party may terminate this Agreement upon written notice if the other party fails to comply with its obligations under this Agreement. The client may also terminate the token offering services at any time by providing written notice to the Service Provider. In the event of termination, any fees paid for the services that have not been rendered will be refunded to the client on a pro-rata basis, minus any applicable expenses incurred by the Service Provider.

2.3 Asset Tokenization Services

2.3.1 Scope of Services

The Service Provider offers comprehensive support and expertise in the process of tokenizing assets. This includes assessing the feasibility of tokenization, structuring the tokenized assets, developing smart contracts, and providing ongoing management and support. The Service Provider will work closely with the client to understand their specific asset tokenization needs and provide tailored solutions.

2.3.2 Asset Evaluation and Structuring

The Service Provider will assist clients in evaluating their assets for tokenization potential and structuring the tokenized assets. This includes conducting due diligence, determining the appropriate ownership structure, and defining the rights and benefits associated with the tokenized assets. The Service Provider will strive to ensure that the tokenized assets comply with applicable regulations and industry best practices.

2.3.3 Token Creation and Smart Contract Development

The Service Provider will oversee the creation of tokens for the asset tokenization process and develop secure smart contracts to facilitate the issuance and management of these tokens. This includes defining the token attributes, such as supply, distribution, and governance mechanisms. The Service Provider will employ robust blockchain technology and work with experienced developers to ensure the security and efficiency of the tokenization process.

2.3.4 Compliance and Applicable Regulations

Clients are responsible for ensuring compliance with all applicable laws, regulations, and guidelines related to asset tokenization. The Service Provider will provide guidance and support in understanding and meeting regulatory requirements. However, it is the client’s responsibility to seek legal advice and ensure compliance with all relevant securities laws, anti-money laundering (AML) regulations, and know-your-customer (KYC) requirements.

2.3.5 Ownership and Transfer of Tokenized Assets

Once assets are tokenized, ownership of the tokenized assets will be transferred to the token holders according to the terms and conditions defined in the smart contracts. The Service Provider will assist clients in establishing mechanisms for the transfer, trading, and management of the tokenized assets. However, the Service Provider does not guarantee the liquidity or value of the tokenized assets.

2.3.6 Fees and Payment

The fees for the Asset Tokenization services will be determined on a case-by-case basis and will be outlined in a separate agreement or proposal. The client agrees to pay the agreed-upon fees in a timely manner as specified in the payment terms. Failure to make timely payments may result in the suspension or termination of the Asset Tokenization services.

2.3.7 Confidentiality

The Service Provider acknowledges that it may have access to confidential information of the client during the process of providing Asset Tokenization services. The Service Provider agrees to treat all confidential information with the utmost care and to use it solely for the purpose of delivering the agreed-upon services. Confidential information will not be disclosed to third parties without the client’s prior written consent, except as required by law.

2.3.8 Limitation of Liability

The Service Provider shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with the use or inability to use the Asset Tokenization services. This includes but is not limited to loss of profits, data, or goodwill. The Service Provider’s total liability under this Agreement, regardless of the cause of action, shall be limited to the amount paid by the client for the specific Asset Tokenization services rendered.

2.3.9 Termination

Either party may terminate this Agreement upon written notice if the other party fails to comply with its obligations under this Agreement. In the event of termination, any fees paid for the services that have not been rendered will be refunded to the client on a pro-rata basis, minus any applicable expenses incurred by the Service Provider.

2.4 Fundraising Services

2.4.1 Scope

The Service Provider offers comprehensive support and expertise in the fundraising process. This includes assisting customers with investor introductions, pitch deck development, investor relations, and other related services. The Service Provider will work closely with the customer to understand their specific fundraising needs and provide tailored solutions.

The Service Provider will leverage its network and industry connections to introduce customers to potential investors who may be interested in their project or business. However, the Service Provider does not guarantee the outcome of these introductions or the ability to secure investment. The Service Provider will assist customers in developing an effective investor kit that showcases their project or business to potential investors. This includes providing guidance on content, structure, and design to create a compelling and persuasive pitch. The Service Provider will work collaboratively with the customer to ensure the investor kit reflects their unique value proposition.

2.4.2 Investor Introductions

The Service Provider will leverage its network and industry connections to introduce customers to potential investors who may be interested in their project or business. However, the Service Provider does not guarantee the outcome of these introductions or the ability to secure investment.

2.4.3 Investor Relations

The Service Provider will provide support in building and managing relationships with investors. This may include facilitating communication, coordinating meetings or presentations, and providing guidance on investor engagement strategies. However, the Service Provider does not act as a financial advisor and does not provide investment advice. The Service Provider will assist customers in preparing regular investor updates, which may include key project updates, financial information, and other relevant updates. The frequency and content of these updates will be determined in collaboration with the customer. The Service Provider will act as a liaison between the customer and investors, facilitating communication, responding to inquiries, and coordinating meetings or calls as necessary. The Service Provider will strive to provide timely and accurate information to investors to keep them informed about the progress of the project or business. The Service Provider may assist in the preparation of investor reports, which may include financial statements, performance metrics, and other relevant information. The format and frequency of these reports will be determined based on the specific requirements and preferences of the investors. The Service Provider may offer guidance and support in developing an investor relations strategy, including identifying key messages, defining target investor audiences, and implementing appropriate communication channels. The customer acknowledges that effective investor relations are crucial for maintaining investor confidence and engagement.

2.4.4 Fees and Payment

The fees for the Fundraising Services will be determined on a case-by-case basis and will be outlined in a separate agreement or proposal. The customer agrees to pay the agreed-upon fees in a timely manner as specified in the payment terms. Failure to make timely payments may result in the suspension or termination of the Fundraising Services.

2.4.5 Confidentiality

The Service Provider acknowledges that it may have access to confidential information of the customer during the course of providing Fundraising Services. The Service Provider agrees to treat all confidential information with the utmost care and to use it solely for the purpose of delivering the agreed-upon services. Confidential information will not be disclosed to third parties without the customer’s prior written consent, except as required by law.

2.4.6 Limitation of Liability

The Service Provider shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with the use or inability to use the Fundraising Services. This includes but is not limited to loss of funds, loss of investment opportunities, or damages resulting from the actions or decisions of investors. The customer acknowledges that investments involve risks and should be evaluated independently.

2.4.7 Termination

Either party may terminate this Agreement upon written notice if the other party fails to comply with its obligations under this Agreement. In the event of termination, any fees paid for the services that have not been rendered will be refunded to the customer on a pro-rata basis, minus any applicable expenses incurred by the Service Provider.

2.5 Custom Solution Services

The Custom Solution Services provided by Fundshing aim to assist customers in developing tailored blockchain solutions to meet their specific business needs. The following terms and conditions outline the provisions related to the Custom Solution Services:

2.5.1 Scope of Work

The Service Provider will work closely with the customer to define the scope of the custom solution project. This may include identifying the project requirements, desired functionalities, timeline, and deliverables. The scope of the work will be documented in a separate agreement or statement of work (SOW), outlining the specific details of the project.

2.5.2 Solution Development

The Service Provider will allocate resources and expertise to design, develop, and implement the custom solution as agreed upon in the SOW. The development process may involve the use of blockchain technology, smart contracts, decentralized applications, or other relevant technologies based on the project requirements.

2.5.3 Project Management

The Service Provider will assign a project manager or coordinator to oversee the custom solution project. The project manager will be responsible for coordinating tasks, managing timelines, and ensuring effective communication between the customer and the development team.

2.5.4 Collaboration and Feedback

The customer acknowledges the importance of active collaboration and timely feedback during the custom solution development process. The Service Provider will provide opportunities for the customer to review and provide feedback on the progress, prototypes, or milestones of the project.

2.5.5 Deliverables

The Service Provider will deliver the agreed-upon deliverables as outlined in the SOW. The nature of the deliverables may vary depending on the project and may include software code, documentation, user interfaces, or other relevant assets specified in the SOW.

2.5.6 Intellectual Property

The customer acknowledges that the custom solution developed by the Service Provider may involve intellectual property rights. Unless otherwise agreed upon in writing, the intellectual property rights related to the custom solution will remain with the Service Provider. The customer may be granted a non-exclusive license or usage rights for the custom solution as outlined in the SOW.

2.5.7 Acceptance and Testing

Upon completion of the custom solution development, the customer will have the opportunity to review and test the solution. The customer will provide acceptance criteria or testing requirements as agreed upon in the SOW. The Service Provider will address any identified issues or bugs during the testing phase.

2.5.8 Support and Maintenance

The Service Provider may offer ongoing support and maintenance services for the custom solution as a separate agreement or under a maintenance plan. The terms and conditions related to support and maintenance will be specified in a separate agreement.

2.5.9 Confidentiality

The customer and the Service Provider agree to maintain the confidentiality of any confidential information exchanged during the custom solution development process. Both parties will handle such information in accordance with the confidentiality provisions outlined in this Agreement.

2.5.9.1 Limitation of Liability

The Service Provider’s liability with respect to the Custom Solution Services is limited to providing reasonable efforts and expertise in developing and delivering the custom solution. The Service Provider does not guarantee specific outcomes or results, as the success of the custom solution may depend on various factors beyond the Service Provider’s control.

2.6 Eligibility

In order to access and use certain services, you may be required to meet certain eligibility criteria, provide accurate and complete information, and agree to additional terms and conditions.

 3. Intellectual Property

 3.1 Ownership

The Website and all content, features, and functionality available on the Website are owned by or licensed to Fundshing and are protected by copyright, trademark, and other intellectual property laws.

3.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for your personal and non-commercial use.

3.3 Restrictions

You agree not to modify, distribute, transmit, reproduce, publish, license, transfer, or sell any content or materials obtained from the Website without our prior written consent.

4. User Conduct

4.1 Prohibited Activities

When using our Website and services, you agree not to:

1. a) Violate any applicable laws or regulations;
2. b) Use the Website for any unlawful, fraudulent, or malicious purposes;
3. c) Interfere with the proper functioning of the Website or disrupt the services provided;
4. d) Engage in any unauthorized use or access of the Website or its content;
5. e) Transmit any viruses, malware, or other harmful code;
6. f) Attempt to gain unauthorized access to any user accounts or personal information.

5. Disclaimer of Liability

5.1 No Liability

Fundshing shall not be liable for any direct, indirect, incidental, consequential, or exemplary damages arising from your use of the Website or reliance on any information or materials provided on the Website.

5.2 Third-Party Content:

The Website may contain links to third-party websites or services. We do not endorse or assume any responsibility for the content, accuracy, or practices of these third-party websites or services.

5.3 No Warranty:

We make no representations or warranties of any kind, express or implied, regarding the accuracy, reliability, or availability of the Website or its content. Your use of the Website is at your own risk.

6. Indemnification

You agree to indemnify, defend, and hold harmless Fundshing and its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses arising out of or in connection with your use of the Website or violation of these Terms.

7. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Romania. Any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the courts located in Romania.

8. Contact Us

If you have any questions, concerns, or feedback regarding these Terms or our services, please contact us at hello@fundshing.com. We will make every effort to address your inquiry promptly.

By engaging in any of the services listed, you agree to abide by these Terms.