Terms of service

Please review the following Terms of Service, which will govern your registration with and use of the Maiyak Platform.

By using the Maiyak Platform, you agree to the terms and conditions ('Terms of Service') contained in this document ('Agreement') as well as to the terms of the Maiyak Privacy Policy. You agree to accept these Terms of Service electronically. If you do not want to be bound by the Terms of Service, you may not make use of the Maiyak Platform.

Definitions

Content: means all information and content available on the Maiyak Platform (if uploaded by Maiyak, “Maiyak Content”, and if uploaded by a Member, “Member Content”), except all Member submissions, including but not limited to trademarks, logos, copyrighted works, texts, images, and video clips.
Maiyak: means Maiyak AB, with Swedish company registration ID number 556792-0615.
Services: refers to all products and services provided to you by Maiyak.
User: means an individual or a representative of a legal entity that is taking part of any Content on Maiyak Platform. A User is ether a Member or a Non-Registered User.
Member: means an individual or a representative of a legal entity that has opened account with the Maiyak Platform. Members have access to all open (non-confidential) Member Content. Only Members can request access to a closed (confidential) Member Content, including i.e., a Company Profile page and/ or its embedded Deal Room(s). A Member can be a Fundraiser and/ or Investor.
Non-Registered User: shall mean a non-Member who interacts with the Maiyak Content or Member Content via the Maiyak Platform. Non-Registered Users will only have access to Member Content when explicitly invited by a Fundraiser to access its Company Profile page as well as its embedded Deal Room(s). All other Member Content is closed for Non-Registered Users.
Investor: means an individual or a representative of a legal entity that uses the Maiyak Platform to find Companies to invest in. An Investor also uses the Maiyak Platform for management of deal flows and assessments of investment opportunities, but the investment and related agreements are handled outside the Maiyak Platform. An Investor can be ether a Member or a Non-Registered User.
Fundraiser: means legal entity (company) using the Maiyak Platform in order to raise capital. The Fundraiser is allowed to submit content (“Member Content”) and host, share and/ or publish such Member Content to the Maiyak Platform. A Fundraiser must be a Member.

Description of the Maiyak Platform

Maiyak provides resources, tools and services to its Members. Maiyak Platform was developed to be a collaboration space between fundraising companies and investors, with the primary goal to match-make between the parties. The Maiyak Platform refers to the resources, tools and services offered to Members of Maiyak. This includes any and all of the Content thereon and services provided by Maiyak. Such resources, tools and services include the offerings on the following website:

Maiyak (maiyak.com): A web application that primarily provides deal flow management, deal collaboration, and other resources, tools and services for the Members.

Maiyak does not review or verify any Member Content, and does not and cannot guarantee that any Member Content is accurate or complete, unless Maiyak explicitly says it can take such responsibility.

Users

A User at Maiyak Platform, can be a Member or Non-Registered User. Non-Registered Users have access to most of Maiyak Content, and to invited sections of the Member Content. Members have access to most of Maiyak Content, to all open (non-confidential) Member Content and on allowed-only basis to closed (confidential) Customer Profile pages or sections (i.e., Deal Rooms).

Fundraisers: If you are a Fundraiser Member, you may upload information about your business and market, financial data, etc to your proprietary Company Profile page, including information you consider confidential. You may assign which other Members or Non-Registered Users that may access that information.

We urge you as a Fundraiser to ensure that you have all necessary permits to represent your company, including submission of Member Content and communicating with Investors on behalf of the company, at the Maiyak Platform.

Companies should be aware that information they provide that is not designated as closed (confidential) will be visible to all Members. Non-Registered Users can be assigned access to the proprietary Company Profile, in parts or in fully, only if explicitly invited by the Fundraiser.

Please, be aware that Maiyak has no control over the actions of Members or Non-Registered Users. Also, though we take all reasonable steps to prevent it, we cannot guarantee that the Maiyak Platform will never suffer from a hacker attack or a software bug that will allow unauthorized viewing of confidential material.

Investors: If you are an Investor, Member or Non-Registered User, you may have access to a company’s confidential information and should use your discretion in how you handle that information.

Maiyak shall have no obligation to participate in any way in the event of any dispute between Fundraisers and Investors (Members and Non-Registered Users).

Maiyak shall have the absolute and unlimited rights to reject any user, both Members and Non-Registered Users; to terminate the account of any Member; to delete any Member Content; or to publish any Member Content that is not confidential - at the Member section of the website; maiyak.com, accessible only for logged-in Members.

User License

Subject to the terms of these Terms of Service, which constitute the agreement between Maiyak and the user of Maiyak Platform, Maiyak grants to the user a non-exclusive, revocable, non-transferable license to use the Maiyak Platform. All Maiyak Content (excluding Member Content) is the exclusive property of Maiyak.

Limitation of Use

Maiyak has a limited number of rules which govern how you may behave while interacting with the Maiyak Platform and other Users. Please review the rules below carefully, since your violation of them may result in the termination of your access to the Maiyak Platform in Maiyak’s sole discretion at any time and without prior notice.

You specifically agree not to:

Use the Maiyak Platform to send unsolicited and unwanted commercial messages or advertisements in any form;
Engage in any activities or actions that infringe or misappropriate the intellectual property rights of others, including, but not limited to, using third party copyrighted materials or trademarks without appropriate permission and using or distributing third party trade secrets in violation of a duty of confidentiality;
Use the Maiyak Platform in connection with surveys, contests, junk email, spamming or any duplicative or unsolicited messages;
Transmit any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless You own or control the rights thereto or have received all necessary consents;
Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs;
Attempt to gain unauthorized access to the Maiyak Platform, other accounts or computer systems connected to the Maiyak Platform, through password mining or any other means;
Use the Maiyak Platform for any illegal purpose or to violate any applicable law, rule or regulation whether adopted, enacted or approved by a domestic or foreign government or political body having jurisdiction over the subject matter;
Use the Maiyak Platform for any purpose other than that intended by these license terms;
You agree to immediately notify Maiyak in writing of any acts committed in violation of the Limitation of Use set forth herein. Failure to notify Maiyak where You know, or by reasonable investigation should know, of any such violation shall be grounds for termination of the license and access to the services granted.

Securities

By using the Maiyak Platform you understand and agree that you will be solely responsible for complying with all applicable laws and regulations related to any transaction in which you may engage in on the Maiyak Platform.

To comply with certain provisions of applicable law there are limitations on the use of general solicitation or advertising or other forms of marketing. Maiyak is not responsible for determining and makes no representation as to whether any use of the Maiyak Platform constitutes general solicitation, advertising or other forms of marketing under applicable law.

Maiyak does not recommend any investments, does not verify or review Fundraiser’s documents or communications, and does not give business advice, financial advice, investment advice, risk management advice, tax advice or legal advice.

Maiyak is not registered as a broker-dealer, credit rating agency, and investment advisor. Nothing on the Maiyak Platform is intended to be or shall constitute or be construed as a sale or purchase or offer to sell or purchase or a recommendation of any securities or similar investment products.

Purchases

Some of Maiyak's services are provided free of charge (as Freemium), while others are provided for a fee. The fees for each service vary.

All product and service features, including availability and price, are subject to change at any time, provided a 30 days written notice period. We reserve the right, with or without prior notice, to limit the availability of or to discontinue any product or service; to impose conditions on any promotion; to reject any user from making any purchase; and/or to refuse to provide any user with any product or service.

You authorize Maiyak to charge you for all products or services purchased by you through the Maiyak Platform, to the payment method you provide. There will be no refunds or credits for prior months of service, partial months of service, or refunds for months unused with an open account.

All orders placed through the Maiyak Platform are subject to our acceptance. Your receipt of an order confirmation is no evidence of our acceptance of your order. We reserve the right at any time after receipt of your order to accept or decline your order for any or no reason and without liability to you or anyone else. If your method of payment has already been charged for an order that we later cancel, we will issue you a refund in its full amount. Prices are in Euro (EUR) or Swedish Krona (SEK) unless otherwise stated and are subject to change. We may require verification of information prior to the acceptance and/or fulfillment of any order.

Proprietary Rights

Our trade names and trademarks include, without limitation, Maiyak and any affiliated or associated logos. All trademarks on Maiyak not owned by us are the property of their respective owners. You may not use our trade names, trademarks or service marks in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on Maiyak should be construed as granting any license or right to use any trade names or trademarks without the express prior written consent of the owner.

Eligibility

In order to access and use most of the Maiyak Platform, you must register for a Member Account. The registration of an account will require background information of the Member. You represent and warrant that the information provided is accurate and truthful upon the registration of an account at the Maiyak Platform.

As individual, you must be at least 18 years old and have legal capacity in order to register for a Member account. If you are using the Maiyak Platform on behalf of an legal entity, you represent and warrant that you are authorized to accept this Agreement on behalf of that entity and that the entity also agree to indemnify Maiyak for violations of this Agreement.

Limitations on Service

It is our goal to provide you with a useful, stable and available service, but still we cannot guarantee that there will be no unforeseen difficulties, technical or otherwise, which may result in service interruptions or loss of data. By accepting these Terms of Service, you agree that neither Maiyak nor any of its third party service providers will be held accountable for any delays in transmission of your data, data loss, service interruptions or retention of Member’s settings. For a brief overview of our policies regarding the safeguarding of your data, please view our Privacy Policy.

Maiyak reserves the right to change or discontinue, either temporarily or permanently, any part of the Maiyak Platform or any or all of its services at any time and without prior notice. You agree that neither Maiyak nor any of its third party service providers will be liable for any damages, including lost business opportunities, should such discontinuance occur.

Handling of Data

All processing of personal data at Maiyak Platform is in accordance with applicable data protection law and regulation, in particular the General Data Protection Regulation (GDPR), and in accordance with The Maiyak Privacy Policy.

You agree to ensure that you have contractual agreement with any individual person whose personal information is provided to Maiyak. You also agree to ensure that any personal information provided is not of a sensitive nature by itself or in conjunction with other information provided. By using the Maiyak Platform and other products and services of Maiyak, you consent to such processing and you represent and warrant that the data provided by you is accurate, current and truthful. In the event any of this information changes, please update it on your Member Account Settings. For details on how you can access your stored data, please refer to Maiyak’s Privacy Policy.

Account

During your registration you will set your account access login and password. You are responsible for maintaining the confidentiality of this information and are responsible for any and all activities and postings that are made using your account.

Please notify Maiyak immediately if you suspect that an unauthorized person has accessed your account. Should you misplace or forget your password, please click on the forgot password link. If you continue to have problems, please contact our technical support at support@maiyak.com.

Compliance with Applicable Laws

You agree to use the Maiyak Platform only as provided for in these Terms of Service. You also agree not to use the Maiyak Platform in any way that is in conflict with the law in your jurisdiction. Further, you may not use the Maiyak Platform for the transmission of any information that is harassing, threatening, invasive of a User's privacy, or in violation of any other individual's intellectual property rights.

User Interaction

You agree not to collect or harvest any personally identifiable information, including Member account names, from the Maiyak Platform, nor to use the communication tools and systems provided by the Maiyak Platform for any commercial solicitation purposes.

If you receive any message or other forms of written interaction by means of communications through the Maiyak Platform that you believe is not in compliance with the above provision, please notify us by forwarding the text along with an explanatory note, to support@maiyak.com.

A Member may elect to make certain confidential, personal or private information viewable through the Maiyak Platform. You may not disclose information obtained in this manner to any third parties without first obtaining permission from that Member. You agree not to collect or aggregate Member information accessible through the Maiyak Platform for commercial use or redistribution, including the targeted marketing of non-Maiyak services to individual Members. Maiyak reserves the right to immediately terminate, without notice, the account of any Member found to have violated this rule in the sole and absolute discretion of Maiyak.

Prohibited Activities

You agree that you will not use the Maiyak Platform for any purpose that is unlawful or prohibited by these Terms of Service. In the access or use of the Maiyak Platform, you shall comply with these Terms of Service. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Maiyak Platform or any Maiyak Content or services that may appear on the Maiyak Platform. If you default negligently or willfully in any of the obligations set forth in these Terms of Service, you shall be liable for all the losses and damages that this may cause to Maiyak, our affiliates, partners or licensors.

By way of example, and not limitation, you agree not to:

Post, transmit, or otherwise make available through or in connection with your use of the Maiyak Platform;
Any information or materials that are or may be, or the posting, transmission or use of which is or may be: (a) threatening, harassing, hateful or intimidating; (b) fraudulent; or (c) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right of any third party;
Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities;
Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any hardware, software or equipment;
Any unsolicited or unauthorized advertisements, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation that is not expressly approved in writing by Maiyak in advance;
Any material, non-public information about a company, without the proper authorization to do so;
Use the Maiyak Platform for any fraudulent or unlawful purpose;
Use the Maiyak Platform to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, or to harvest or collect information about Users of the Maiyak Platform;
Impersonate any person or entity, including without limitation any representative of Maiyak or any other company; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Maiyak Platform;
Reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, the Maiyak Platform;
Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Maiyak Platform;
Remove any copyright, trademark or other proprietary rights notice from the Maiyak Platform or materials originating from the Maiyak Platform;
Frame or mirror any part of the Maiyak Platform;
Create a database by downloading and storing Maiyak Platform Content;
Use any robot, crawler, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way Maiyak Platform Content or reproduce or circumvent the navigational structure or presentation of the Maiyak Platform without Maiyak’s prior written consent;

Member Content

The Maiyak Platform permits the submission of content by Members (“Member Content”) and the hosting, sharing, and/or publishing of such Member Content.

Maiyak does not and will not claim any ownership over or rights to Member Content other than a license to display it on the Maiyak Platform as directed by the Members, but Members understands that whether or not such Member Content is published, though Maiyak will seek to maintain the confidentiality of any data designated as confidential by a Member, Maiyak does not guarantee any confidentiality with respect to any Member Content.

Member shall be solely responsible for Member’s own Member Content and the consequences of posting or publishing them.

Maiyak does not endorse any Member Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with Member Content. Maiyak does not knowingly permit infringement of intellectual property rights on its Maiyak Platform, and will remove all Member Content if properly notified that such Member Content infringes on another’s intellectual property rights. Maiyak reserves the right to remove Member Content without prior notice. Maiyak will also terminate a Member’s access to its Maiyak Platform, if a Member is determined to be a repeat infringer. Maiyak also reserves the right to decide whether Member Content is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law. Maiyak may remove such Member Content and/or terminate a Member’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

You understand that when using the Maiyak Platform, you may be exposed to Member Content from a variety of sources, and that Maiyak is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Member Content. You further understand and acknowledge that you may be exposed to Member Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Maiyak with respect thereto, and agree to indemnify and hold Maiyak, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Maiyak Platform.

The Maiyak Platform provides Fundraiser Members the opportunity to invite Non-Registered Users to the own proprietary Customer Profile page in order to promote their presence on the Maiyak Platform.

Member Content is exclusively entered and maintained by the Member. Also, the Member may edit, amend and delete own content, unless its explicitly stated which of the posted content that can’t be deleted, but only amended. In particularly it’s the case of financial forecasts and target metrics. Each Member always has the power to remove it’s content from the open Member domain by submitting it as closed page or section of the page, in the Member Account Settings.

Maiyak will retain a copy of Member Content for reference of any information uploaded or entered for a period of 5 years. Such reference copy shall only be accessible to Maiyak, the party who added the information or by order of a court or competent government entity.

Intellectual Property

All information and Content available on the Maiyak Platform, except all Member Content (as defined herein), including but not limited to trademarks, logos, copyrighted works, texts, images, video clips, and the compilation and organisation thereof is the property of Maiyak, its affiliates, partners or licensors, or is used with consent of the owner, and is protected by Swedish and international laws, including laws governing copyrights and trademarks. The reproduction and use of any of these by you is prohibited unless specific permission is provided on the Maiyak Platform or otherwise.

he trademarks, logos, and other indicia, including of Maiyak (collectively the “Trademarks”) which appear on the Maiyak Platform are registered and/or unregistered trademarks of Maiyak and others. Nothing contained on the Maiyak Platform should be construed as granting, by implication or otherwise, any right, license or title to any of the Trademarks without the advance written permission of Maiyak or such third party as may be appropriate. All rights are expressly reserved and retained by Maiyak. Your misuse of any of the Trademarks displayed on the Maiyak Platform, or any other Content on the Maiyak Platform, except as provided in these Terms Of Service, is strictly prohibited.

Both the Maiyak Platform and the Content of the Maiyak Platform are provided for Users information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.

Disclaimers

None of Maiyak, its shareholders, partners, subsidiaries, affiliates, their respective members, officers, directors, employees, agents, suppliers, or licensors (collectively, the “Maiyak Parties”) makes any warranties or representations about the Maiyak Platform or its contents, including but not limited to their accuracy reliability, completeness, or timeliness, or reliability. None of the Maiyak Parties shall be subject to liability for truth, accuracy, or completeness of any information made available on or through the Maiyak Platform or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. You agree that you use the Maiyak Platform fully at your own risk.

Maiyak provides this Maiykak Platform as a resource for users involved with investing in mostly private, non-listed companies. Maiyak does not give investment, tax or legal advises to anyone using the Maiyak Platform. Maiyak is not a broker or dealer, and nothing herein shall constitute a sale or offer to buy or sell or recommend any securities or similar investment instruments. Each user of the Maiyak Platform makes his or her own investment decisions based upon his or her personal due diligence investigation and other personal investment criteria. Maiyak is not responsible for and shall have no liability with respect to the actions or omissions of anyone using the Maiyak Platform. As a condition to your use of the Maiyak Platform, you hereby waive and release any and all claims, causes of action or other rights that you might have against any of the Maiyak Parties arising out of or relating to the submission and review of any materials made available on or through the Maiyak Platform. Maiyak does not agree to any obligations of confidentiality, nondisclosure or non-use, except as explicitly provided for in our Privacy Policy.

In no event shall any Maiyak Party be liable for any damages whatsoever (including, without limitation, incidental and consequential damage, lost profit, or damages resulting from lost data or business interruption ) resulting from either a person or entity’s use or inability to use the Maiyak Platform, or the submission of any material via the Maiyak Platform, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if a Maiyak Party has been advised of the possibility of such damages.

Force Majeure

Notwithstanding anything to the contrary herein, Maiyak shall not be liable to the User for any delay in performance or failure to perform its obligations in accordance with these Terms of Service where such delay or failure is due to circumstances beyond its control and unknown. If a force majeure event continues for a period of more than forty-five (45) days, Maiyak may terminate this Agreement by giving not less than seven (7) days written notice to the Member.

Indemnification

At Maiyak's request, User agrees to indemnify and hold harmless Maiyak, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, licensees, distributors and content providers from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related, directly or indirectly, to any misuse of the Maiyak Platform or breach of this Agreement by User.

Termination

Maiyak reserves the right to suspend or terminate these Terms of Service and/or any User’s access to the Maiyak Platform at any time and without notice in its sole discretion.

Entire Agreement

These Terms of Service, together with the Privacy and Cookies Policies shall constitute the entire agreement between you and Maiyak concerning the Maiyak Platform. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.

Dispute Resolution

These Terms of Service shall be governed by and construed in accordance with the laws of Sweden, excluding its conflict of laws principles providing the application of the laws of any other jurisdiction. All disputes arising out of or relating to this Agreement shall be finally resolved by arbitration conducted at Stockholms Tingsrätt (The municipal court of Stockholm, Sweden).

However, the parties shall primarily seek through consultation and negotiation in good spirits to resolve disputes arising in the occasion of the Agreement.

Modifications to the Terms of Service

Maiyak may change these Terms of Service at any time and in its sole discretion. The modified Terms of Service will be effective immediately upon posting and you agree to the new posted Terms of Service by continuing your use the Maiyak Platform. Maiyak will provide at least 10-days' notice before any material changes take effect. If you do not agree with the modified Terms of Service, your only remedy is to discontinue using the Maiyak Platform. We may, at any time, temporarily or permanently modify or discontinue all or part of Maiyak, with or without notice. You agree that the Maiyak Platform shall not be liable to you or to any third party for any modification, suspension or discontinuance of Maiyak, in whole or in part, or of any Service, content, feature or product offered through Maiyak.

USER ACKNOWLEDGES THAT USER HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. USER FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN USER AND MAIYAK WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, WRITTEN OR ORAL, AND ANY OTHER COMMUNICATION BETWEEN USER AND MAIYAK RELATING TO THE SUBJECT MATTER OF THESE TERMS OF SERVICE.

Should you have any questions concerning these Terms of Service, please send an email to info@maiyak.com.