Terms and Conditions
PLATFORM TERMS OF SERVICE (“Terms” or “TOS”)
Recitals
WHEREAS, the Foundation operates a proprietary, invitation-only, full-spectrum Platform that identifies rare tech geniuses (“Builders”) from all backgrounds and provides them, and their approved Mentors, Investors, Partner Companies, and Donors, with lifetime access to mentoring, intellectual-property support, company-formation assistance, mandatory education, psychological and social support, curated networks, fundraising preparation, project delegation, and other resources prior to company formation, fundraising, or public disclosure;
WHEREAS, the Platform includes a secure Community Hub for curated matching (Mentors with Builders, Builders with other Builders, and Investors with ready-to-fund projects), private confidential support processes (including social-work and psychological services), and all tools necessary for project development entirely inside the Platform;
WHEREAS, the parties have executed (or are concurrently executing) the Non-Disclosure Agreement (the “NDA”), the Program Terms Addendum (the “Program Addendum”), and (for Builders) the Builder Intellectual Property Ownership, Collaboration and Equity Agreement (the “IP & Equity Agreement”);
WHEREAS, this Platform Terms of Service (these “Terms”) governs your overall access to and use of the Platform and is incorporated by reference into all other Platform agreements; and
WHEREAS, the Foundation’s Privacy Policy (the “Privacy Policy”) is also incorporated by reference and explains how we collect, use, and protect your information;
NOW, THEREFORE, by accessing or using the Platform in any way, you agree to be legally bound by these Terms. If you do not agree, you must immediately cease all use of the Platform.
1. Acceptance, Eligibility, and Account
1.1 You represent and warrant that you are at least 13 years of age (or the age of majority in your jurisdiction) and that all information you provide is accurate and complete. Builders under 18 require verifiable parental/guardian consent and execution of all agreements.
1.2 Access is strictly by invitation only and subject to the Foundation’s ongoing discretion and approval.
1.3 You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
2. Platform Services and Community Hub
2.1 The Platform and Community Hub are provided solely for the Permitted Purpose defined in the NDA.
2.2 All matching, collaboration, and communication must occur exclusively through the official Community Hub tools.
2.3 Private support services (social work, psychological counseling, or personal-barrier removal) are available only to eligible Builders and are strictly confidential under the NDA and Privacy Policy.
2.4 The Foundation may monitor, moderate, or record any activity in the Community Hub or private support sessions for safety, compliance, and quality purposes.
3. Acceptable Use and Prohibited Conduct You agree not to: (a) use the Platform for any purpose other than the Permitted Purpose; (b) circumvent any matching, moderation, or access-control features; (c) contact, solicit, or transact with any other Participant outside the Platform without the Foundation’s prior written consent; (d) upload, post, or transmit any content that violates the NDA, Program Addendum, Privacy Policy, or any applicable law; (e) harass, discriminate against, or harm any Participant (with heightened protections for minor Builders); (f) reverse-engineer, scrape, copy, or interfere with any Platform technology or data; (g) use the Platform in any manner that could damage the Foundation’s reputation or the integrity of the ecosystem; or (h) attempt to remove, commercialize, or disclose any Project outside the Platform except as expressly permitted in the IP & Equity Agreement.
4. Intellectual Property and Projects
4.1 All Projects and Project IP developed inside the Platform are governed exclusively by the separate IP & Equity Agreement (for Builders) or the NDA and Program Addendum (for other roles).
4.2 You acknowledge and agree that all such Project IP is jointly owned by the Builder (and authorized team) and the Foundation as set forth in the IP & Equity Agreement.
4.3 You grant the Foundation a worldwide, royalty-free, irrevocable license to use, host, reproduce, modify, and display any content you post or contribute to the Platform solely for operating, improving, and advancing the Platform’s mission.
4.4 No license is granted to you in the Foundation’s pre-existing technology, algorithms, matching systems, or know-how except as strictly necessary to use the Platform.
5. Privacy and Data
5.1 Your privacy is governed by the Privacy Policy, which is incorporated herein by reference.
5.2 By using the Platform, you consent to the collection, use, sharing, and processing of your information as described in the Privacy Policy, including the handling of sensitive psychological and social-work data and the joint ownership of Project Data.
5.3 For minor Builders, guardian consent is required for all data processing.
6. Termination and Suspension
6.1 The Foundation may suspend or terminate your access to the Platform (or any part of it) at any time, with or without notice, for any reason, including breach of any Platform agreement.
6.2 Upon termination, you must immediately cease all use of the Platform and Confidential Information, and all confidentiality, non-circumvention, and intellectual-property obligations survive indefinitely or for the periods set forth in the NDA and IP & Equity Agreement.
7. Disclaimers and Limitation of Liability
7.1 THE PLATFORM, COMMUNITY HUB, AND ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
7.2 THE FOUNDATION DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7.3 IN NO EVENT SHALL THE FOUNDATION’S AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU PAID TO THE FOUNDATION IN THE TWELVE MONTHS PRECEDING THE CLAIM (WHICHEVER IS GREATER). THE FOUNDATION SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
8. Indemnification You agree to indemnify, defend, and hold harmless the Foundation, its officers, directors, employees, agents, and other Participants from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your breach of these Terms or any other Platform agreement; (ii) your content or Projects; (iii) your interactions with other Participants; or (iv) your violation of any law or third-party right.
9. Governing Law and Dispute Resolution
9.1 These Terms, together with the NDA, Program Addendum, Privacy Policy, and (if applicable) the IP & Equity Agreement, constitute the entire agreement between you and the Foundation.
9.2 This agreement is governed by the laws of the State of Delaware, without regard to conflict of laws principles.
9.3 Exclusive jurisdiction and venue for any dispute shall lie in the state and federal courts located in Wilmington, Delaware. You waive any objection to such venue.
10. Miscellaneous
10.1 Amendments. The Foundation may update these Terms from time to time. Material changes will be notified via the Platform or email. Your continued use after the new Effective Date constitutes acceptance.
10.2 Severability and Waiver. If any provision is held invalid, the remainder remains in effect. No waiver of any breach constitutes a waiver of any other breach.
10.3 Assignment. You may not assign these Terms. The Foundation may assign freely in connection with a merger, acquisition, or sale of assets.
10.4 Electronic Signatures and Notices. Electronic signatures (including via the Platform) are binding. Notices may be delivered through the Platform, email, or certified mail.
10.5 No Agency or Partnership. Nothing in these Terms creates any agency, partnership, or joint venture.
IN WITNESS WHEREOF, the parties have executed these Terms as of the Effective Date.