Terms of Use
Acceptance of the Terms of Use
By accessing or using getana.io ("We", "Us", "Website", "Company", "Marketplace", "Match-making", "Lead Generation Platform", or "Platform"), you are entering into an agreement and agreeing to abide by the Terms of Use and Privacy Policy outlined herein. These Terms of Use, along with any incorporated documents, govern your use of the Website and its content, functionality, and services. We strongly advise you to carefully read and review these Terms of Use and the Privacy Policy before using the Website and interacting with our representatives.
Your use of the Website constitutes your acceptance and legal agreement to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these terms or the Privacy Policy, please refrain from accessing or using the Website. Please note that the Website is intended for individuals who are 16 years of age or older. By using the Website, you confirm that you are of legal age and meet the eligibility requirements. If you do not meet these criteria, you are not authorized to access or use the Website.
Definitions:
Advisor refers to an individual or a company and its affiliates, subsidiaries, branches and/or parent company, represented by its authorized representative and/or signatory, that provides Advisory Services in the context of an advisory or consulting mandate, a legal advice, an investment, a fundraise, an auction, a restructuring, a merger transaction, an acquisition or sale of an asset or company.
Advisory Services refers to specialized financial services provided by a company or an individual that offers guidance, advice, or assistance in relation to business-related activities, investments, transactions, auctions, or decision-making processes. These services may include, but are not limited to, corporate finance matters (M&A, fundraise, restructuring), consulting, strategic planning, market analysis, financial advice, contract negotiation, or any other professional advice or support.
Business means the entry by the Advisor into a formal contractual business relationship with a relevant Customer as a result of an Introduction made by the Platform.
Business Agreement refers to a contractual agreement between the Customer and the Advisor that would generate a remuneration for the Advisor. The nature of the remuneration may vary in terms of amount and type but may include but not limited to a retainer fee, an hourly fee or an introduction or success fee.
Customer refers to any third party (company or individual), Introduced by the Platform, who enters in a contractual business agreement with the Advisor.
Introduction Fee refers to a finder's fee payable to the Platform by the Advisor resulting from the introduction made by the Platform between the Customer Introduced and the Advisor.
Evaluation Information refers to any information and Materials about a business that is shared and submitted by a User to the Platform for evaluating a business profile or inquiry. This includes details about the business’ profile, contact details, financials, operations, teams, assets, and liabilities. It may include any notes, analyses, compilations, studies, interpretations prepared by the Platform that are based on the Materials provided by the User. The Evaluation Information will be processed through the Platform and may or may not be shared with any relevant Advisor or Business for review. It is the User’s sole responsibility to share Information and Content that is not breaching any confidentiality obligations.
Information or Materials or Content refers to all data provided by any User through the Platform. This can encompass a wide range of details such as personal information, business information, financial data, budgetary considerations, pricing information relating to an individual or a company, as well as other relevant information like URLs and contact details. It serves as a comprehensive collection of data that users may submit to the Platform.
Introduction or Introduce(d) means the act of formally presenting/ referring /making known, in writing, a third-party unknown to the Advisor by the Platform, in connection to a Business. The Introduction would consist of putting in touch two parties via written notification (email or through the Platform application).
Introduction Date refers to the calendar date the Platform introduced the Advisor to the Lead or potential Customer, by providing the contact details of the latter.
Introduction Fee refers to the amount the Advisor is entitled to pay to the Platform, in connection to the Introduction made through the Platform.
Lead means any third party (company or individual) who uses as a User the Services of the Platform and confirms their intent to get Introduced to an Advisor.
Platform refers to the company that manages the online application and its Services, which consist of providing Business Introduction services to its Users and Subscribers.
Match-making refers to the digital process of match-making users registered on getana.io, which connects businesses and their representatives with companies that provide Advisory Services.
Representatives refers to the individuals or entities representing another individual or company, including directors, officers, employees, agents, partners, or advisors (such as attorneys, accountants, consultants, bankers, and financial advisors).
Subscription refers to a contractual agreement between the Advisor and the Platform, outlining the Terms of Use that govern the Platform's Services. By accepting to use the Platform and agreeing to the Terms of Use, the Advisor accepts to start a pay a Subscription from the date the subscription plan is accepted and subscribed to by the Advisor.
Subscriber refers to an Advisor that has agreed to the Terms of Use of the Platform and has agreed to accept a first Introduced Lead or Customer. As a result, the Advisor will get introduced to more potential and relevant Leads and Customers until the Subscription and the access to the Platform is terminated.
Subscription Fee means the amount or payment required from the Subscriber to access and utilize the Platform's Services. This fee is typically charged periodically, such as monthly or annually, and may vary at any time, upon thirty (30) days’ notice. The subscription fee covers the cost of using the Platform and its Services, receiving Introductions, and accessing any additional features or benefits included in the Platform.
Services refers to the services provided by the Platform that involve facilitating the connection between Advisor and potential business Customers. These services may include the collection and analysis of relevant data and confidential information, matching the Advisor with suitable potential Customers, and providing tools or resources to enhance communication and interaction between the parties.
User refers to any individual or business entity who accesses or utilizes the Platform and its associated services. A User may be a Lead, a Subscriber, a Customer, or any non-subscribing individuals or entities who access the Platform for informational or limited purposes.
The Website’s Services
Our Website, getana.io, is an online match-making platform that connects businesses (“Business”), represented by their authorized signatories/representatives, to advisory firms and individual professionals (”Advisor”). The information provided on the Website is intended for the internal business purposes of our users.
Our Website solely acts as an originator or business introducer who gathers confidential information from a Business and an Advisor (entity or individual) and connects them based on specific needs and criteria given to the Website by the parties. Upon acceptance to get connected, the Advisor accepts to pay for an Introduction Fee to the Website for every Project or Business Inquiry that leads to a formal introduction to both parties, the Business and the Advisor. The Advisor may also pay a subcription fee if they subscribe to a subscription plan.
The Website does not
We do not provide any financial, legal, tax related or investment advisory services. We do not sell any of the businesses on the Website and the Website does not constitute an offer or solicitation to buy or sell any security or any other product or service. Our Website does not include any advice or counsel with regards to any financial, legal, or related service of any kind.
Furthermore, nothing in this Website is intended to provide tax, legal, or investment advice and nothing in this Website should be construed as a recommendation to buy, sell, or hold any investment or security or to engage in any investment strategy or transaction. All investing involves risk, including loss of principal. Working with an advisor may come with potential downsides such as payment of fees (which will reduce returns). There are no guarantees that working with an advisor will yield positive returns. The existence of a fiduciary duty does not prevent the rise of potential conflicts of interest.
The Company is not a broker and does not perform services performed by a broker. The Company is not a substitute for the advice or services of a broker, a financial or legal advisor. The Company is not a registered broker-dealer in the U.S.A., the United Kingdom, Switzerland or any other jurisdiction.
Any Business Agreement formed between the Business and the Advisor, the services covered and provided in that agreement is solely between both parties involved. Our Company is not a party to the transaction, and it not responsible for any of the advisory services provided nor their outcome. Our Company assumes no responsibility arising out of or in connection with such transaction.
Curated Listings
We engage with, discuss, review and curate all registered businesses and advisors on our Website to ensure the validity of the business inquiries from a Business and the credentials of the advisors/service providers (“Advisors”) before matching and connecting them together. However, we cannot guaranty whether the advisors listed and introduced are suitable for the inquiring business. We do not guarantee any specific outcome and are not responsible for the Users’ true intentions, truthfulness regarding their existence, quality, accuracy, or completeness on the Website.
As a user, whether you represent an individual or an entity, we require that you provide complete and accurate information about you, your company, and its activities. We reserve the right to modify or remove your inquiry or listing, in its sole discretion, if it believes any of the information is incomplete or inaccurate.
For each registration, inquiry and information you provide, you represent and warrant to us, you certify that:
you are the owner of the business, or are otherwise the authorized representative or signatory of the business;
you, as an individual or on behalf of a business, have the rights to accept this Terms of Use and enter into a business agreement with our Website; and
you have the rights to disclose the confidential information associated with you and your business.
User Responsibilities
Please note that engaging in activities such as raising debt or capital, buying, or selling assets or businesses necessitates careful consideration, thorough investigation, and due diligence. While the Website puts you in touch with advisory service providers to choose from, you bear full responsibility for sharing information and making informed decisions in this process and for the transaction that may occur.
It is important that you seek guidance from qualified tax and legal professionals before proceeding with any business-related decisions or transactions.
Changes to the Terms of Use
We reserve the right to periodically revise and update these Terms of Use at our discretion. Once posted, any modifications become effective immediately.
By continuing to use the Website after the revised Terms of Use have been posted, you indicate your acceptance and agreement to the updated terms. It is your responsibility to regularly review this page to stay informed of any changes, as they are legally binding upon you.
Accessing the Website and Account Security
In our sole discretion, we have the right to modify or discontinue this Website, as well as any services or materials provided on it, without prior notice. We shall not be held responsible if, for any reason, the Website or any portion thereof is unavailable at any time or for any duration. Periodically, we may limit access to certain sections of the Website, or the Website as a whole, to users, including registered users.
You are responsible for both:
Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any of your user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
All elements of the Website, including its complete contents, features, and functionality (such as information, software, text, displays, images, video and audio, and their design, selection, and arrangement), are the exclusive property of the Company, its licensors, or other material providers. These elements are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws of the United States and other countries.
These Terms of Use grant you permission to use the Website solely for personal, non-commercial purposes. Except as specified below, you must not reproduce, distribute, modify, create derivative works, publicly display or perform, republish, download, store, or transmit any material from the Website:
Temporary storage of materials in RAM while accessing and viewing them on your computer is permitted.
Your web browser may cache files for display enhancement purposes.
You may print or download a reasonable number of pages from the Website for personal, non-commercial use, without further reproduction or distribution.
If we offer applications for download, you may download one copy to your computer or mobile device for personal, non-commercial use, subject to our end user license agreement.
The following actions are strictly prohibited:
Modifying copies of materials from the Website.
Separating illustrations, photographs, video or audio sequences, or graphics from accompanying text.
Removing or altering copyright, trademark, or other proprietary rights notices on materials from the Website.
You must not use any part of the Website, its services, or materials for commercial purposes.
If you intend to use materials from the Website in a manner other than described above, please contact us at support@getana.io.
Unauthorized use, including printing, copying, modifying, downloading, or providing access to the Website in violation of these Terms of Use, will result in immediate termination of your right to use the Website. At our discretion, you must either return or destroy any copies of the materials you have made. The Company retains all rights, title, and interest in the Website and its content. Any use of the Website not expressly permitted by these Terms of Use constitutes a breach and may violate copyright, trademark, and other laws.
Trademarks
The trademarks associated with the Company, including its name, logos, product and service names, designs, and slogans, are owned by the Company, its affiliates, or licensors. The use of these trademarks without the prior written permission of the Company is strictly prohibited and may lead to a law suit against any infringement without consent. Any other names, logos, product and service names, designs, and slogans displayed on the Website belong to their respective owners and are protected trademarks.
Prohibited Uses
Your use of the Website must be in compliance with applicable laws and these Terms of Use. It is prohibited to use the Website in the following ways:
Violating any federal, state, local, or international laws or regulations, including those governing data or software exportation to or from the United States or other countries.
Exploiting or causing harm to minors by exposing them to inappropriate content, soliciting personally identifiable information, or engaging in any other harmful activities.
Sending, receiving, uploading, downloading, using, or reusing any material that does not comply with the Content Standards outlined in these Terms of Use.
Transmitting or soliciting the sending of any advertising, promotional materials, spam, junk mail, or similar solicitations.
Impersonating the Company, its employees, other users, or any other person or entity by using their email addresses, screen names, or other identifiers.
Engaging in conduct that restricts or inhibits the use or enjoyment of the Website by others, as determined by us, or that may harm the Company, users of the Website, or expose them to liability.
Furthermore, you agree not to:
Use the Website in a manner that could disable, overburden, damage, or impair the site, or interfere with others' use of the Website, including their real-time activities on the site.
Employ any automated means, such as robots or spiders, to access the Website for any purpose, including monitoring or copying its content, without our prior written consent.
Use any manual process to monitor or copy the Website's content without our authorization, or for any other purpose not expressly permitted in these Terms of Use.
Use any device, software, or routine that disrupts the proper functioning of the Website.
Introduce any viruses, trojan horses, worms, logic bombs, or other malicious or harmful material.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, its server, or any connected server, computer, or database.
Launch a denial-of-service attack or a distributed denial-of-service attack against the Website.
Engage in any activity that attempts to interfere with the proper functioning of the Website.
User Contributions
The Website may include Interactive Services where users can post content or materials (referred to as "User Contributions") on or through message boards, chat rooms, personal web pages, profiles, forums, or bulletin boards.
All User Contributions must adhere to the Content Standards outlined in these Terms of Use.
By posting a User Contribution on the Website, you acknowledge that it will be non-confidential and non-proprietary. You grant us, our affiliates, service providers, and respective licensees, successors, and assigns the right to use, modify, display, distribute, and disclose such material to third parties according to your account settings.
You represent and warrant that:
You have the necessary rights to grant the license to us and our affiliates, service providers, and respective licensees, successors, and assigns.
All your User Contributions comply with these Terms of Use.
You are solely responsible for the legality, reliability, accuracy, and appropriateness of your User Contributions.
We are not responsible or liable for the content or accuracy of any User Contributions posted by you or other users of the Website, and we are not liable to any third party regarding such contributions.
Import Information from Third Parties as User Contributions
Certain features on our Website allow you to import information from third-party tools and applications, such as OpenAI, PitchBook, Affinity, Airtable, Stripe, Google Analytics, LinkedIn, Microsoft, among others. This imported information will be considered User Contribution and is subject to the terms and conditions pertaining to User Contributions.
By signing into your account with these third-party tools and applications or providing us with your API Keys, View IDs, or similar access codes, you grant us access to your information in those accounts. This authorization allows us to import specific information from these third parties as User Contribution on the Website. The imported information will be displayed to authorized users and visitors of the Website who have access to such imported information.
Monitoring and Enforcement; Termination
We reserve the right to:
Remove or reject any User Contributions at our sole discretion, without providing a reason.
Take necessary actions regarding any User Contribution that violates the Terms of Use, including the Content Standards. This may include infringing intellectual property rights, posing a threat to personal safety, or creating potential liability for the Company.
Disclose your identity or other information to any third party asserting rights infringement or privacy violation due to material posted by you.
Initiate legal action, including involving law enforcement, against any unauthorized or illegal use of the Website.
Terminate or suspend your access to the Website, in part or in full, for any reason, including violation of these Terms of Use.
Furthermore, we may cooperate fully with law enforcement or court orders, disclosing identities or information as required. YOU HOLD HARMLESS AND WAIVE ANY CLAIMS AGAINST THE COMPANY, ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS ARISING FROM ACTIONS TAKEN DURING OR RESULTING FROM INVESTIGATIONS BY THESE PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Please note that while we strive to review material before posting and promptly remove objectionable content, we cannot guarantee immediate action. As a result, we assume no liability for the actions or inactions concerning user or third-party content. We bear no responsibility to any party regarding the activities described in this section.
Content Standards for User Contributions and Interactive Services
User Contributions and the use of Interactive Services are subject to these content standards. User Contributions must fully comply with all applicable laws and regulations at the federal, state, local, and international levels. Specifically, User Contributions must not:
Contain defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable material.
Promote sexually explicit or pornographic content, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe upon the intellectual property or other rights of any other person, including patents, trademarks, trade secrets, copyrights, or any other intellectual property rights. • Violate the legal rights, including rights of publicity and privacy, of others or include material that could lead to civil or criminal liability under applicable laws or regulations, or conflict with our Terms of Use and Privacy Policy.
Mislead or deceive any person.
Promote illegal activities or provide assistance in unlawful acts.
Cause annoyance, inconvenience, needless anxiety, or distress to any person.
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, promotions, bartering, or advertising.
Create a false impression of being endorsed by us or any other person or entity.
Please note that these standards apply to all User Contributions and the use of Interactive Services.
Copyright Infringement
To report any copyright infringement in User Contributions, please send a notice to support@getana.io. The Company has a policy to terminate the accounts of users who repeatedly infringe on copyrights.
Reliance on Information Posted
The information on the Website is provided for general purposes only and may not be accurate, complete, or reliable. Any reliance on this information is at your own risk. We disclaim all liability for any reliance placed on such materials by you or any other visitor to the Website, or by anyone informed of its contents.
The Website may contain content from third parties, including users, bloggers, and licensors. The opinions expressed in these materials are solely those of the individuals or entities providing them and do not necessarily reflect our opinion. We are not responsible for the content or accuracy of materials provided by third parties.
Changes to the Website
The content on this Website may be updated periodically, but it may not always be complete or up-to-date. Any material on the Website may be outdated, and we are not obligated to update such material.
Information About You and Your Visits to the Website
All information we collect on this Website is governed by our Privacy Policy. By using the Website, you consent to our handling of your information in accordance with the Privacy Policy.
Linking to the Website and Social Media Features
You are allowed to link to our homepage in a fair and lawful manner that does not harm or exploit our reputation. However, you must not create a link that suggests any association, approval, or endorsement from us without our explicit consent.
This Website includes social media features that enable you to:
Link to specific content on our Website from your own or certain third-party websites.
Share certain content or links to content on our Website through emails or other communications.
Display limited portions of content from our Website on your own or certain third-party websites.
You may only use these features as provided by us, in relation to the displayed content, and in compliance with any additional terms we provide. However, you must not:
Establish a link from a website that you do not own.
Display or appear to display the Website or its portions through methods such as framing, deep linking, or in-line linking on any other site.
Link to any part of the Website other than the homepage.
Take any action regarding the Website's materials that contradicts other provisions of these Terms of Use.
The website you are linking from, or where you make content accessible, must comply with the Content Standards outlined in these Terms of Use.
You agree to cooperate with us in promptly discontinuing any unauthorized framing or linking. We reserve the right to withdraw linking permission without prior notice.
We may deactivate social media features and links at any time at our discretion without prior notice.
Outbound Links from the Website
The Website may include “outbound” links to external sites and resources provided by third parties, solely for your convenience. These links may appear in advertisements, including banner ads and sponsored links. We have no control over the content of these sites or resources, and we do not assume any responsibility for them or for any loss or damage that may occur from your use of them. If you choose to access any of the third-party websites linked to this Website, you do so at your own risk and are subject to the terms and conditions of those websites.
Geographic Restrictions
The Website is intended mainly for use by individuals and legal entities located within the United States, Canada, the United Kingdom. We do not guarantee accessibility or suitability of the Website or its content outside of the United States, Canada and the United Kingdom. Accessing the Website from outside the United States, Canada and United Kingdom may not be permissible for certain individuals or in certain countries. If you choose to access the Website from outside the United States, Canada or the United Kingdom, you do so at your own initiative and are responsible for complying with local laws.
Disclaimer of Warranties
By using this Website, you understand and agree that We cannot guarantee that the Website will be free from viruses or other destructive code. It is your responsibility to implement appropriate measures for antivirus protection and data accuracy, as well as maintain a backup system for any lost data. We will not be held liable for any loss or damage caused by distributed denial-of-service attacks, viruses, or other harmful materials that may infect your computer equipment, software, data, or other proprietary materials due to your use of the Website or any services or content obtained from it.
Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. The Website, its content, and any services or items obtained through the Website are provided on an "as is" and "as available" basis, without any warranties of any kind, whether express or implied. Neither the Company nor any associated person makes any warranty or representation regarding the completeness, security, reliability, quality, accuracy, or availability of the Website. Additionally, neither the Company nor anyone associated with the Company represents or warrants that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Website or its server are free of viruses or other harmful components, or that the Website or any services or items obtained through the Website will meet your needs or expectations.
The Company disclaims all warranties, whether express or implied, statutory, or otherwise, including but not limited to warranties of merchantability, non-infringement, and fitness for a particular purpose.
The above disclaimer does not affect any warranties that cannot be excluded or limited under applicable law.
Limitation on Liability
To the fullest extent permitted by law, the Company, its affiliates, licensors, service providers, employees, agents, officers, and directors will not be liable for any damages of any kind, under any law, arising out of or in connection with any communication and interactions with any representative of the Company, the use or inability to use the Website, any linked websites, any content on the Website or other websites, or any services or items obtained through the Website or other websites. This includes direct, indirect, special, incidental, consequential, or punitive damages, such as personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, and loss of data, whether caused by tort (including negligence), breach of contract, or otherwise, even if such damages were foreseeable.
The above limitation of liability does not affect any liability that cannot be excluded or limited under applicable law.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of, relating to, or in connection with your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
Termination
The Website provides information on how to terminate your account. If you have purchased our services, by subscribing to a plan, for a specific term, termination will take effect on the last day of the current term. Your order form may include an automatic renewal provision, unless either party gives notice of termination at least thirty (30) days before the next renewal term begins. In the event of non-compliance with any provision of these Terms of Use, the Company may terminate the agreement immediately and retain any previously paid fees. Upon termination, you must discontinue all use of the Website. If you are dissatisfied with the Website, your only recourse is to stop using the services and follow the termination process outlined. Any provisions necessary to fulfill their intended purpose will survive termination of these Terms of Use.
Governing Law and Jurisdiction
All matters concerning the Website and these Terms of Use, including any disputes or claims arising from or related to them (including non-contractual disputes or claims), will be governed by and interpreted in accordance with the internal laws of the State of Delaware (in the United States of America), without giving effect to any choice or conflict of law provisions or rules of the United States of America or any other jurisdiction.
Any legal action, suit, or proceeding arising from or related to these Terms of Use or the Website shall be exclusively brought in the federal courts of the United States or the courts of the State of Delaware, specifically located in the City of Wilmington. However, we reserve the right to initiate legal action against you for breaching these Terms of Use in your country of residence or any other relevant country. By accepting these Terms of Use, you waive any objections to the jurisdiction and venue of such courts.
Arbitration
At the Company's discretion, it may require you to resolve any disputes arising from these Terms of Use or the use of the Website, including disputes related to their interpretation, violation, invalidity, non-performance, or termination, through final and binding arbitration in accordance with the Rules of Arbitration of the American Arbitration Association, applying California law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition stated in these Terms of Use shall be considered a continuing or further waiver of that term or condition or any other term or condition. The Company's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is deemed invalid, illegal, or unenforceable by a court or tribunal of competent jurisdiction, that provision will be modified or limited to the minimum extent necessary so that the remaining provisions of these Terms of Use remain in full force and effect.
Entire Agreement
The Terms of Use, along with our Privacy Policy, constitute the complete and exclusive agreement between you and the Company regarding the Website, superseding all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Your Comments, Questions and Concerns
getana, Inc. operates this website.
For any notices of copyright infringement, feedback, comments, requests for technical support, or other communications regarding the Website, please contact us at support@getana.io.
Terms of Use - Registration, Use and Commercial Agreements
The following section of the Terms of Use (the “Agreement”) govern Your registration as a business owner, representative or stakeholder (“Business”) and/or as an advisory firm or individual (“Advisor”) on the getana.io Platform. Your use of the getana.io Platform and all features and instruments offered on the Platform, including, but not limited to the interaction with any representative of the Company’s team members, the completion of a profile and a survey/chat communication, the Match-making, advertisements and listings of you and your company’s services, and any related services provided by getana.io. Your use of the getana.io ("We", "Us", "Website", "Company", "Marketplace", "Match-making", "Lead Generation Platform", or "Platform") is referred to as the Platform’s services (the “Services”, “Platform’s Services”). This Agreement creates a binding contract between You and the Company and its affiliates, subsidiaries and branches. Please read the agreement carefully, as it will define, and in some cases limit, Your rights with respect to getana.io and Your use of the Services.
These terms are an integral part of the https://www.getana.io (together with all its subdomains, the “Website”, “Match-making”, “Lead Generation”, or “Platform”) Terms of Use that apply generally to the use of the Website. You should also carefully read our Privacy Policy.
1. Eligibility and Authority
By completing the registration process on getana.io as an individual or entity, you confirm that you:
have the full right, power, and authority to enter into this Agreement and create a binding obligation on behalf of them;
Have obtained full right, power and authority to execute and deliver this Agreement;
Have not been previously terminated from using the Services due to a violation of any agreement with getana.io; and
Have provided complete, accurate, and up-to-date information.
2. Your Information & Materials; License
2.1. Your Materials
You are solely responsible for: (a) all materials and company data submitted to getana.io for inclusion in an advisory listing, a business inquiry, a profile description, or for use in connection with the Services, including advisor listings, business details, financial information, budget and pricing information regarding Your Business, information, URLs, contact information, and whether or not created originally by You (“Your Content”); and (b) all websites and content linked, or otherwise referenced, in Your Content (the “Linked Content” and together with Your Content, “Your Materials” or “Your Information”).
2.2. License
You grant getana.io a perpetual, royalty-free, non-exclusive, fully sub-licensable right and license to use, modify, distribute, display, perform, create derivative works from, store, and exploit Your Content in any form and through any media or technology. This license is granted for the purpose of providing you with the Services and distributing Your Content on the getana.io Network. It does not transfer ownership rights to getana.io.
2.3. Representation and Warranties
You represent and warrants to getana.io that:
You possess all ownership rights, including intellectual property rights, to Your Content, and granting getana.io the license specified in Section 2.2 will not infringe upon any third-party rights.
Your Content and your use of the Services comply with all applicable laws and do not promote or facilitate any violations. Furthermore, you will not discriminate against any protected class under applicable laws when engaging in startup transactions.
Your Content is free from obscenity, defamation, disparagement, deception, profanity, and indecency.
2.4. Display & Listing Presentation
We have the exclusive authority to determine the placement and positioning of Your Content on the getana.io Platform. Within 30 days of registering on the getana.io Platform, you must provide getana.io with all necessary Content for the Services, and throughout this Agreement, you must continue to supply the required Content. It is your responsibility to promptly update Your Content and contact details, including any changes to availability, pricing, or information in your profile or listings. In case of issues with Your Content, including violations of this Agreement or errors, we may notify you as outlined in Section 16.6 to address the matter. Notably, we reserve the right to modify or remove Your Materials at its discretion, including for presentation-related factors such as format, spelling, or compliance with this Agreement. By granting permission, you allow us to employ automated software for the assessment and analysis of associated websites for quality and service purposes. You also authorize us to modify Your Materials for listing and presentation on the getana.io Platform.
3. Prohibited Uses; Confidentiality; Source of Information
3.1 Prohibited Uses.
You are prohibited from engaging in the following activities, and you must not authorize any other party to do so:
providing fraudulent, misleading, or negligently misrepresentative listings;
using the Services for benchmarking or similar testing purposes;
scraping or extracting getana.io listing, profile, or advertisement information from the getana.io Properties without written permission from us;
using the Services to develop a competitive product or service;
listing anything illegal or engaging in illegal or fraudulent business practices that violate our Content Standards;
conducting automatic queries or automated activities that interfere with the Services' performance;
reposting or displaying any business’ public or confidential information on any other domain without limitation;
engaging in securities transactions as defined by the Securities Act of 1933, as amended;
advertising on the getana.io Properties in any format; or
committing any Prohibited Uses as outlined in our Terms of Use.
3.2 Confidentiality.
The respect of Confidentiality is our utmost priority. Therefore, we place a high level of importance on the confidentiality of Your Information and Materials on getana.io.
3.2.1 Evaluation Material
Evaluation Material refers to any information and Materials about a business that is shared and submitted by a User to the Platform or/and Company for evaluating a business profile or inquiry. This includes details about the business’ profile, contact details, financials, operations, teams, assets, and liabilities. It may include any notes, analyses, compilations, studies, interpretations prepared by the Platform that are based on the Materials provided by the User. The Evaluation Information will be processed through the Platform and may or may not be shared with any relevant Advisor or Business for review. It is the User’s sole responsibility to share Information and Content that is not breaching any confidentiality obligations.
We shall not be liable for any sensitive or confidential information shared through the Platform or directly with a representative of the Company by the Business or an Advisor. Any consequences arising from such disclosure are the sole responsibility of the User.
3.2.2 Use of Evaluation Material and Non-Disclosure
Each Recipient and its Representatives must use the Evaluation Material solely for evaluating a potential business collaboration and maintain its full confidentiality. The Evaluation Material should not be disclosed in any way, except to the Recipient's Representatives who require the information for evaluating the potential business collaboration. The Recipient is responsible for any breach of this Agreement by its Representatives.
This Agreement does not grant the Recipient or its Representatives a license to use the Provider's Evaluation Material, except as permitted in this Agreement. The Recipient agrees not to disclose, without the prior written consent of the Provider, (i) the exchange of Evaluation Material between the Provider and Recipient, (ii) ongoing discussions or negotiations regarding a potential business collaboration, or (iii) any related terms, conditions, or facts (including their status) to any person or entity.
The Platform or Company is not liable for any unauthorized disclosure or misuse of Evaluation Material by any party, including the Recipient, its Representatives, or any third party.
3.3 Source of Information
The Evaluation Material displayed or shared on the getana.io Marketplace or any other part of the getana.io Properties originates from the Provider (the Business or the Advisor), and not from us. We do not provide any representations or warranties concerning such Evaluation Material.
By using the platform, you acknowledge and agree that any representations or warranties related to the Evaluation Material are the responsibility of the Business or the Advisor sharing or displaying the Evaluation Material, and not of getana.io or its personnel.
We do not accept any liability for the confidentiality, accuracy, or completeness of the Evaluation Material shared by the Business or Advisor. The responsibility for ensuring that no confidential or sensitive information is improperly shared lies entirely with the User and Disclosing party.
4. Types of Users and Transactions that we allow on the platform
4.1 Locations.
We do not engage in business or serve customers residing in countries subject to U.S. sanctions.
4.2 Business Introduction Services.
We provide business introduction services to connect a Business with an Advisor through our digital platform.
No Securities.
We strictly prohibit the promotion, solicitation, or facilitation of Securities transactions on our platform. We actively monitor the platform to ensure compliance, and any violation will result in immediate removal.
Securities transactions include, but are not limited to:
the purchase and sale of partial or full ownership in the form of equity securities (common stock, preferred stock, limited liability ownership interests)
the purchase and sale of partial or full ownership in the form of debt securities (notes, bonds, indebtedness).
We reserve the right to disallow transactions or remove users for any reason, including potential violations of any applicable laws or regulations.
5. Pricing, Account Suspension or Termination;
5.1 Pricing
Our Pricing defines the cost structure associated with the usage and services provided by the Website. Our two-sided Marketplace has two different pricing structure for its users.
On the Business side, the Services are free of charge. We reserve the right to charge a fixed registration or processing fee to review and guarantee the authenticity of information brought by Businesses.
On the Advisor side, there are two components that constitute the pricing: Subscription Fees and Introduction Fees.
The pricing structure ensures that users understand and agree to the financial obligations associated with their usage of the Website and its Services.
5.2 Subscription
Our Services include a Subscription for Advisor users only. It consists of a contractual agreement between the Advisor and getana.io, outlining the Terms of Use that govern the Platform's Services. By accepting to use the Platform and agreeing to the Terms of Use, the Advisor accepts to become a Subscriber and start a Subscription from the date they choose a Subscription plan.
5.2.1 Subscriber
A Subscriber refers to an Advisor that has agreed to the Terms of Use of the Platform and has agreed to reveal and accept a first Introduction to a Business through getana.io’s Platform. As a result, the Advisor will get introduced to more potential and relevant Leads and Customers until the Subscription and the access to the Platform is terminated.
5.2.1 Subscription fees
The Subscription fee means the amount or payment required from the Subscriber to access and utilize the Platform's Services. This fee is typically charged periodically, such as monthly or annually, and may vary at any time, upon thirty (30) days’ notice. The subscription fee covers the cost of using the Platform and its Services, receiving Introductions, and accessing any additional features or benefits included in the Platform.
Our pricing may vary but the subscription fee to our Marketplace or Website can be found on the Pricing page.
We have the right to modify or increase our subscription fees and the services provided in exchange for those fees at any time, in our sole discretion, with or without advance notice to you. We will notify you in writing of any price changes, and the new prices will be applicable from the effective date specified in the notice. For existing Subscriber with an annual subscription would be notified 30 days in advance and would have the same number of days to terminate their subscription should they decide to not continue further.
5.2.3 Reimbursements and Refunds
If you're unsatisfied with your Subscription, to determine the possibilities to cancel your Subscription, please contact us at support@getana.io. Refunds are not available for subscriptions active for more than 7 days or prorated refunds for canceled subscriptions.
5.3 Introduction Fee
As a registered Subscriber on the getana.io Platform, you are obligated to pay getana.io an Introduction Fee, which constitutes of a fixed amount resulting from formal business introduction made by the Platform between any Business Introduced to the Advisor through the getana.io Platform. The Introduction Fee should be settled within thirty (30) business days from the day the formal introduction was made. We retain the right to modify the Introduction Fee at our discretion, providing you with sufficient notice of such changes. The updated Introduction Fee will be applicable to all Advisors from the date specified in the notice.
By agreeing to these terms, you acknowledge and accept the obligations concerning the payment of the Introduction Fee to our Company.
5.4 Account Suspension or Termination
You can terminate your agreement with getana.io by deactivating your account(s) and ceasing to use the Services. If you are an Advisor, you may be bound to respect the duties and responsibilities outlined in the Business Introduction Agreement you accepted upon accepting to reveal the confidential information of your first business inquiry. For more information, please refer to the Business Introduction Agreement.
If we determine that you have violated any terms of this Agreement or our policies, we may suspend or permanently disable your account. We reserve the right to update, suspend, discontinue services, remove you as a registered user, or terminate your account(s) at any time, for any reason, at our sole discretion.
6. The getana.io Services
6.1 getana.io Platform Services.
Our Website, getana.io, is an online match-making or lead generation platform that connects businesses (“Business”), represented by their authorized signatories/representatives, to advisory firms and individuals (”Advisor”). The information provided on the Website is intended for the internal business purposes of our users.
Our Website solely acts as an originator or business introducer who gathers confidential information from a Business and an Advisor (entity or individual) and connects them based on specific needs and criteria given to the Website by the parties. Upon acceptance to get connected, the Advisor accepts to pay for a Subscription Fee and an Introduction Fee to the Website based on the revenues and earnings on any success, commission or transaction fee generated from any business agreement resulting from the relationship between the Business and the Advisor.
As a User or Business, You are not required in any way to engage with any Advisor introduced to You. By accepting this Agreement, You are NOT obligating or committing Yourself to engage with any Advisor on the curated Listing.
6.2 Advisor Listing and Directory Compensation Disclosure.
We have entered into written agreements with each Advisor on the Advisor Listing and Directory. We may take a percentage of the professional services fees or other form of payment--depending on the type of Advisor and to the extent permitted by state and federal laws, rules, and regulations--charged by an Advisor that You engage with as an Introductio fee for connecting You and such Advisor. By accepting the Agreement, You hereby agree and acknowledge that getana.io has disclosed such Introduction Fee arrangement to You and that You consent to the same.
6.3 Referral Program Compensation Disclosure.
In some instances, a third-party may recommend You to use our getana.io Marketplace to find and hire an Advisor. By registering and entering into a formal Business relationship with an Advisor through a written contract, we would pay a Referral Fee of some amount in consideration of the introduction. The Referral Fee is subject to change and is determine on the Referral program page.
By accepting the Agreement, You hereby agree and acknowledge that our Website has disclosed such Referral Fee arrangement to You and that You consent to the same.
7. What we do NOT do
We strive to connect businesses with advisors to achieve the best outcome for a fundraise, acquisition or sale.
We DO NOT engage in, or ARE NOT, now or at any time in the future, any of the following:
1. Unless we have entered into a separate agreement with You, signed by You and us, that EXPLICITLY establishes an agent-principal relationship, we do not represent You in any fiduciary, agent, attorney-client, or any other capacity whatsoever and Your use of the Services does NOT create, by implication or otherwise and without limitation, any fiduciary duty, attorney-client relationship, representation, or any other sort of professional relationship or representation whatsoever. We are NOT and do not hold ourselves out to be Your attorney, fiduciary, agent, or any sort of other representative, professional or otherwise.
2. We are not a law firm and the Services do not constitute legal advice, nor do we intend for the Services to constitute legal advice. We will never provide legal advice or legal analysis to You. We are not qualified to provide legal advice or legal analysis to You. Any information that we or any of our employees or independent contractors provide regarding M&A transactions is for informational purposes only and is NOT legal advice or legal analysis and should not be interpreted or treated as such.
3. We do not facilitate or assist with any closing items of any kind, including, but not limited to, obtaining any tax or lien clearances, the publishing of bulk sale notifications, obtaining Employment Development Department, Board of Equalization, or Franchise Tax Board releases, or the filing of any purchase price allocation forms, e.g, IRS Form 8594 (collectively, “Closing Items.”) All Closing Items are exclusively Your responsibility.
4. We do not broker or transact any of the transactions on the getana.io Marketplace. We do NOT act as a business broker, investment banker, M&A advisor, business transfer agent, intermediary, or any other sort of professional engaging in the purchase and sale of businesses or securities.
5. We and each Advisor are independent contractors. We do not have power or authority to assume or create any obligation or responsibility on behalf of an Advisor. getana.io has no right, power, or authority to enter into any agreement to act as or be an agent or representative of, or otherwise bind, an Advisor.
6. While we attempt to review and curate the best and relevant Advisors in their respective locations, expertise, track record, industries on the Advisor Listings, we make no representations, warranties, or guarantees of any kind regarding any Advisor or any of any Advisor’s services for You.
7. While we attempt to curate the best partners in their respective sectors, getana.io makes no representations, warranties, or guarantees of any kind regarding any partner or any of any partner’s services for You.
8. We perform no technical, legal, financial, or any other kind of due diligence on any Business in the getana.io Marketplace and makes no representations, warranties, and guarantees regarding such Business or Advisor of any kind. We cannot guarantee whether a business listed on the getana.io Marketplace is suitable for a potential Business and whether any Advisor listed on the getana.io Marketplace will meet the performance expectations of a Business. We are not responsible for a Business’ or an Advisor’s truthfulness regarding the existence, quality, accuracy, or completeness of any information or listing on the getana.io Marketplace. AS A USER, YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR PERFORMING ALL DUE DILIGENCE ON ALL PARTIES IN THE getana.io MARKETPLACE.
9. We are not a party to any transaction agreement or definition document pertaining to an M&A transaction resulting from the relationship between You and the Advisor or Business on the getana.io Marketplace.
10. We do not guarantee the success of any business relationship, including but not limited to M&A transaction or fundraising transaction, originated in the getana.io Marketplace.
11. We are not a valuation firm and any valuations or opinions of value provided through the Website are for informational purposes only. getana.io cannot and does not make any guarantee, representation, or warranty regarding the accuracy or completeness of any information obtained through the Website or its representatives. While the information provided has been obtained from sources believed to be reliable, getana.io and its subsidiaries do not attest to its accuracy or completeness.
12. We do not engage in dispute resolution of any dispute, controversy, disagreement, or proceeding between any Advisor and any Business on the getana.io Marketplace.
8. Resources
All resources that we provide on the getana.io Marketplace are for informational purposes only and do not constitute legal, tax or any other type of professional advice.
In all instances You should consult with legal, tax, qualified professionals or other advisors with regard to Your personal and business situation.
9. Business Information Provided Voluntarily For Use of Service.
We may collect information that You voluntarily provide to us in order to provide You the Services. Specifically, if You register as a Business or as an Advisor on the getana.io Marketplace, if You wish to incorporate data from Your accounts with third-party tools and applications, such as Google, Microsoft, Facebook, LinkedIn, or others (as discussed below in Section 9) and display such data on the information page of Your business profile and listing to potential third parties on the getana.io Marketplace, by signing into Your account with such third-party tools and applications on the authorization page or providing us with Your API Keys or View IDs on such third-party tools and applications, You are authorizing us and granting us read access to certain information in Your accounts with such third parties for the purpose of providing the Services.
Additionally, we may collect information from you as a Business or Advisor from interactions with our representative via other communication means such as email, phone, video call, or in person. We are NOT and will NOT be liable for any information shared with us and the consequences of any confidential information shared with us.
In any event, You use any third-party services or content solely at Your own risk and must be aware of any third-party terms and conditions and have consented to them. Under no circumstances will we be deemed liable or have any obligations whatsoever in relation to the content, proper functionality, availability, or the security of any link with any third-party services or transactions completed, and any contract entered into by You with any such third party.
For more information regarding the above, please see in our Privacy Policy.
10. Disclaimer
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AGAINST US AND REQUIRES YOU TO WAIVE CERTAIN REMEDIES AGAINST US.
We do not own or control any of the Businesses or any of the Advisors, on the getana.io Marketplace. The availability of any Business or Advisor does not indicate an affiliation with or endorsement of any entity. Accordingly, we do not provide any representations, warranties, or guarantees with respect to any Business, or any Advisor, and any services or products offered by any Advisor. If You wish to obtain any representations, warranties, or guarantees with respect to any Business or Advisor, please consult directly with such Business or Advisor.
WE PROVIDE THE SERVICES AND ALL OTHER RESOURCES “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”, WITH THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT WITH YOU, AND WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF REPRESENTATION OR WARRANTY CLAIM THAT ARISE OUT OF ANY BUSINESS OR ADVISOR’S FAILURE TO HONOR ANY ANY REPRESENTATION OR WARRANTY OBLIGATION TO YOU.
11. Limitation of Liability
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AGAINST US AND REQUIRES YOU TO WAIVE CERTAIN REMEDIES AGAINST US.
UNDER NO CIRCUMSTANCES WILL WE, OUR SUBSIDIARIES, AFFILIATES, OR ANY OF OUR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF OR INABILITY TO USE THE SERVICES OR THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES RESULTING FROM THE USE OR MISUSE OF THE SERVICES, FROM INABILITY TO ACCESS THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICES. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, AND SHALL APPLY EVEN IF DAMAGES ARISE FROM OTHER SERVICES OR PRODUCTS RECEIVED THROUGH, OR ADVERTISED IN CONNECTION WITH, THE SERVICES OR ON THE WEBSITE, OR ANY LINKS ON THE WEBSITE.
WE WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR USE OF, THE LISTED BUSINESS OR ADVISORS AND SERVICES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO UNAUTHORIZED REPRODUCTION, DISTRIBUTION, OR TAMPERING BY NETWORK HACKERS, VIRUSES, OR OTHER MALICIOUS TECHNOLOGIES. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND THE WEBSITE.
FURTHERMORE, WE DO NOT ACCEPT ANY LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE AND WHETHER OR NOT WE HAVE BEEN NEGLIGENT) FOR ANY LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT, REVENUE, BUSINESS OPPORTUNITIES, OR GOODWILL), WHETHER DIRECT, INDIRECT, OR CONSEQUENTIAL, WHICH MAY ARISE DIRECTLY OR INDIRECTLY FROM YOUR USE OF OR RELIANCE ON INFORMATION OBTAINED ON THE WEBSITE OR ANY OF THE OTHER SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY, INCLUDING ITS SUBSIDIARIES AND AFFILIATES, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES, THE WEBSITE, OR THIS AGREEMENT, SHALL NOT EXCEED THE GREATER OF $100.00 OR THE TOTAL AMOUNT YOU HAVE PAID TO GETANA.IO IN THE PAST 12 MONTHS, IF ANY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Indemnification
You shall defend, indemnify, and hold harmless the Company, its subsidiaries, and each of its respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) Your use or misuse of, or access to, the getana.io Marketplace, the Advisor Listing or Directory, any resource provided by getana.io, including, but not limited to, the matchmaking tool, the Non-disclosure agreement, the onboarding form and bot, Your Materials, (ii) any breach of this Agreement, including any breach of the Prohibited Uses set forth in Section 3 of this Agreement, or (iii) the breach of any representation or warranty set forth in this Agreement, provided that any indemnity in this Section with regard to use of the Advisor and getana.io Marketplace excludes any aspect or relationship originated from the Advisor Listing or getana.io Marketplace that getana.io does not and cannot access, including but not limited to privileged or confidential communications between You and the Business or Advisor. getana.io reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with us in asserting any available defenses.
13. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of this Agreement shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of the State of Delaware.
14. Modification
We reserve the right, in its sole discretion, to modify or replace any of this Agreement, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending You notice through the Services, via e-mail or by another appropriate means of electronic communication. getana.io may also impose limits on certain features and services or restrict Your access to parts or all of the getana.io Platform ithout notice or liability. While getana.io will timely provide notice of modifications, it is also Your responsibility to check this Agreement periodically for changes. Your continued use of the Services following notification of any changes to this Agreement constitutes acceptance of those changes.
15. Miscellaneous
15.1 Assignment.
You will not assign any of Your rights or delegate any of Your obligations under this Agreement without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves You of any of Your obligations under this Agreement.
15.2 No Waivers.
The failure by getana.io to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of getana.io.
15.3 Integration.
This Agreement is intended to be read in conjunction with any separate agreements entered into between You and getana.io. In the event of any conflict between the terms of this Agreement and the terms of any other agreement entered into between You and getana.io, the terms of such other agreement shall control.
15.4 No Third-Party Beneficiaries.
This Agreement does not and is not intended to confer any rights or remedies upon any person other than You.
15.5 Severability.
If any provision of this Agreement is invalid, illegal, void or unenforceable, then that provision will be deemed severed from this Agreement and will not affect the validity or enforceability of the remaining provisions of this Agreement.
15.6 Notices.
All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Written notice to getana.io should be sent to the following address:
Physical address:
Vettify Inc.
1007 N Orange St. 4th Floor
Wilmington, DE 19801
United States of America
Electronic address: notices should be sent to support@getana.io
