Terms & Conditions

Version 1.2. Latest update: 01/12/2021

We like to keep our Terms simple and reasonable, in line with what you will find elsewhere. So, our Terms of Service cover various topics, among which: Information we need from you to activate your account, data-ownership, what we do to generate exposure for your search, payments and refunds, account termination, support, warranties, and disclaimers.

Do you want to know the specifics? Read further below.

Scoutely Terms of Service, September 2020

Welcome to Scoutely! We provide an online platform to help established enterprises and startups connect.

Users of the platform may open an account as a Corporate (looking for connections with startups) or as a startup (looking for connections with corporates).

By using Scoutely, you agree that you, and each person you allow to access Scoutely through your account, will abide by the terms of this Terms of Service (“Agreement”), which is outlined in its entirety below.

This Agreement is between you and Scoutely, a tradename of DigitalRivals BV and registered in The Netherlands (“The Company”). It governs the information you provide (“Content,” and your access to and use of the services offered by Scoutely (“The Services”). Your access to and use of the Services are conditioned on your acceptance of and compliance with this Agreement.

The content of these Terms will change as and when Scoutely adds new functions and features to its Service. We invite you to consult them regularly.

1. Access to the Service
Scoutely will make reasonable efforts to ensure that the Service is available twenty-four hours a day, seven days a week. However, there will be circumstances when the Service will be interrupted for maintenance, upgrades, and emergency repairs due to failure of network links. Every reasonable step will be taken by Scoutely to minimize such disruption where it is within Scoutely's reasonable control.

Scoutely retains the right to create limits on use concerning the Service in its sole discretion at any time with or without notice.

A user certifies to Scoutely that if the user is an individual (i.e., not an entity), he/she is at least 18 years of age. A user also certifies that he or she takes full responsibility for the information provided to make use of the Service.

Access to the Service may not be legal by certain persons or in certain countries. If you use the Service from outside the Netherlands, you are responsible for compliance with the laws of your jurisdiction.

2. Information we require from you to make use of the Service
When signing up for the Service, you must provide your full legal name, full company name, a valid email address, and any other information requested to complete the signup process.

When signing up for a paid account, or upgrading you must provide your full legal name, full company name (if applicable), a valid email address, your correct billing information, and any other information requested to complete the signup or upgrade process.

Your login may only be used by your organization, and a single login may not be shared by multiple people within your organization. You are responsible for maintaining the security of your account and password. Scoutely cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You agree to notify Scoutely immediately of any actual or suspected loss, theft, or unauthorized use of the user’s account or password.

You are responsible for any information (as defined hereafter) provided and activity that occurs through or under your account.

3. What we, unfortunately, cannot allow
The Service may only be used to transmit collaboration opportunities and information associated with the process of selecting the right collaboration partner and solution requirements, descriptions, and comments concerning the preceding.

You agree not to post or promote any collaboration opportunity that contains inaccurate, false, misleading information, that holds hidden keywords or sell or promote services. Any fraudulent, untrue, abusive, or unauthorized use of the Service may be a reason for termination of the user’s right to use the Service.

One person or legal entity may not maintain more than one admin or super user account.

You may not use the Service for any illegal or unauthorized purpose.
You may not, in the use of the Service, violate any laws of your jurisdiction, including but not limited to copyright laws.

You may not modify, adapt, or hack the Service or modify another web platform to imply that it is associated with the Service untruthfully.

A user may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password and account information from any other user.

You may not provide or upload commercial advertisements or transmit unsolicited information, including, without limitation, "spam" messages.
You may not resell the Service to any third party as a private label or with the inclusion of a mark-up fee without the expressed written consent of Scoutely.

Your collaboration opportunities and Content must comply with applicable local, national, and international laws, and regulations including, but not limited to, those relating to anti-discrimination of sex, religion, and origin.

4. Exposure
Scoutely will make reasonable efforts to distribute collaboration opportunities, anonymously, through paid channels and entities in our network, among which but not limited to professional startup scouters, social and business networking platforms, accelerators, incubators, and startup aggregation platforms worldwide. By submitting a collaboration opportunity, you permit us to distribute that collaboration opportunity, anonymously, through channels and entities.

However, you acknowledge and accept that we have no control over the effect of channels and entities, and therefore we provide no guarantee that your collaboration opportunities will be read, explored, recognized, and/or acted upon by startups.

You accept that channels and entities have no obligation to communicate or display collaboration opportunities and may reject it for any reason or no reason, whether you are on a free trial plan or a paid subscription.

You agree that Scoutely is not liable to you if your collaboration opportunities are rejected or not posted, and you will not be entitled to any refund.

5. Support
Scoutely will make reasonable efforts to respond to all incoming support requests within two business days. Our support team is available via info@scoutely.com

6. Warranty disclaimer
Scoutely warrants and will take all reasonable steps to provide the user with the right level of service; however, Scoutely does not warrant that such service shall be free of errors or interruptions at all times.

Except as expressly set out herein, to the maximum extent permitted by law, Scoutely does not warrant that the platform is accurate, complete, fit for a particular purpose, and any warranties arising by regulations or otherwise in law are with this excluded and disclaimed.

Scoutely makes no guarantee as to the number or quality of matches that you will receive as a result of posting your partnership intent and collaboration opportunities.

You are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate partnership candidate.

You understand and agree that you are solely responsible for any liability arising out of the publication of collaboration opportunities or material that might lead to a match.

Scoutely does not warrant that the results of the presentation of information on its platform will be correct, including prices and ratings, on any screen that results in a match or partnership or transaction of any kind.

You agree to indemnify and hold Scoutely and its respective officers, directors, employees, shareholders, and partners harmless from and against any claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with collaboration opportunities provided by you.

7. Limitation of liability
You expressly understand and agree that Scoutely and its directors, employees, shareholders, contractors, and partners shall not be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, or other intangible losses (even if Scoutely has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) statements or conduct of any third party on the Service, (iv) for any amounts that exceed the fees paid by you to Scoutely under this Agreement during the six (6) month period prior to the occurrence giving rise to your claim or cause of action against Scoutely. The limitations specified in this Section will survive termination or expiration of these Terms and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. This limitation of liability will not apply in case of gross negligence or willful misconduct.

8. Indemnification
You agree to indemnify and hold harmless Scoutely, and its directors, employees, shareholders, contractors, partners, and their respective directors, officers, employees, members, shareholders from and against any and all claims, liabilities, losses, actions, causes of action, demands, costs and expenses, including but not limited to attorneys' fees, arising out of your use of the Service, for infringement of any intellectual property of user’s content in connection with the use of the Service thereof. The terms specified in this Section will survive the termination or expiration of these Terms.

9. Modification of Service
Scoutely reserves the right to make changes to the Service at any time and for whatever reason for the purpose of improving the Service. If this change may have consequences for the use, this change will be announced. Changes regarding security or privacy will be announced to users beforehand.

10. Third-Party Vendors
You understand that Scoutely uses third parties (after this referred to as the "Vendors") and hosting partners to provide the necessary hardware, software, networking, storage, startup contacts, marketing support, and related technology required to run the Service.

11. Payments, refunds, upgrading, and downgrading
Users pay a monthly or annual subscription for the SRM module and a service fee for the scouting and are charged to a credit card.

The Service is charged in advance, depending on the type of search and by default every month or pro-rata, starting the moment of activating the search and SRM module.

Services will be set live the moment the payment is received.
Rates are exclusive of all taxes, levies, or duties imposed by taxing authorities and will be added to the price. The default payment date for credit card charges and invoices is the same date you place the order or receive the invoices.

For any upgrade in plan level, the credit card that you provided will automatically be charged at the point in time when you upgrade.
You can cancel the Service at any time. You should notify Scoutely that you want to stop or downgrade the Service.

Where notice is given on any day of the month, the notice period will only commence on the first day of the following month and will continue until the last day of that same month. You will be charged for one additional month. We then automatically downgrade your account as inactive. Scoutely does not give refunds. You will not be charged again unless you reactivate a search plan.

12. Account termination
You can terminate your account immediately by disabling your account.
You have the right to send us (info@scoutely.com) a content delivery request within thirty days after termination. After that, all of your content will be deleted of the Service.

Scoutely, in its sole discretion, has the right to suspend or terminate your account and refuse any current or future use of the Service only in case of a breach of these Terms. Such termination of the Service will result in the deactivation or deletion of your Account and your access to your Account, and the forfeiture and relinquishment of all content in your Account.

13. Copyright and data and Content Ownership
The platform and its content are intended solely for the use of Scoutely's users and may only be used per these Terms.

All materials on the platform, including, but not limited to text, data, information, graphics, logos, tools, photographs, images, illustrations, audio, video, and animations ("Content") are the property of Scoutely and/or third parties and are protected by Dutch and international copyright laws. All trademarks, service marks, and trade names are proprietary to Scoutely and/or third parties.

User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service.

All rights of intellectual property of a corporate or startup user to information provided, including but not limited to information by using online forms, which contain additional information such as answers to questions and other personal information, and all information in connection with the use of the Service by user, trademarks and trade names are and will remain the property of the user.

The platform is protected by copyright according to European copyright laws, international conventions, and other copyright laws.

Except as explicitly permitted in the next paragraph of these Terms, user may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or in any way exploit any of the Content, software, materials relating to the Service in whole or in part.

User may download or copy the Content for his, her, or its normal business activities and not for any other person or entity, and provided that user maintains all copyright and other notices contained in such Content.

User may not make multiple copies of the Content or otherwise distribute or transmit such Content to any other person or entity. User acknowledges and agrees that if the user uses any part of the Service to contribute user’s Content, Scoutely will have a non-exclusive, worldwide, royalty-free right to copy, publish, display, translate and store the content solely for the regular business use of the Service (e.g., daily operations to keep Service running).

User represents, warrants and agrees that it will not provide any User’s Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of a third party, (b) is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (c) contains a virus, Trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or that (d) attempts to automatically gather information from the screen (screen scraping) or (e) remains posted after User has been notified that such User’s Content violates any of sections (a) to (c) of this sentence - so far as it is not beyond its control.

Scoutely reserves the right to remove any User Content from its platform, suspend or terminate User's right to use the Service in case of a breach of these Terms or pursue any other remedy or relief available to Scoutely and/or the platform under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Users Content or if Scoutely is concerned that Users may have breached the immediately preceding sentence).

Scoutely will never resell this User Content, or use it for any other commercial purpose.

The platform, including but not limited to the look and feel of the Service, is copyright © Scoutely. You may not duplicate, copy, or reuse any portion of the software code or visual design elements without express written permission from Scoutely.

In cases in which such permission is given, all copyright and "powered by" notices, images, and texts ("notices") in rendered pages and outgoing emails must be present. The location of the notice on the page may be altered so long as the notice remains visible.

14. Privacy Policy
Please review our Privacy Policy, which governs the use of Personal Information on the Platform and in connection with the Service, and to which User agrees to be bound as a condition of these Terms and use of the platform and Service.

15. Electronic delivery policy
You agree that we may provide to you required notices, pushes, agreements and other information concerning the Service electronically. By using the Service you also agree that Scoutely is not responsible for failed electronic delivery of messages to the address you provide.

16. Resolution of Disputes
Any disputes arising out of the use of the Service shall be governed by the laws of the Netherlands, without regard to any conflict of laws principles, and any proceedings shall solely be settled in the competent court of Amsterdam, the Netherlands.

17. Miscellaneous
These Terms (including the Privacy Policy), as modified from time to time, constitutes the entire agreement between you and Scoutely concerning the subject matter hereof and supersedes any prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof.

In the case of separate Service level agreements or data-processing agreements, these Terms will be added to these documents as attachment.

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Scoutely shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Scoutely's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

These Terms will be binding upon, and in favor of each party and such party's heirs, representatives, successors and assigns; provided, however, that these Terms are not assignable or transferable by a Party except with Scoutely's prior written consent by the other Party.
No agency, partnership, joint venture, or employment is created as a result of these Terms.

Questions about the Terms should be sent to info@scoutely.com.