Remove Barriers between Founders and Investors
Founders send updates directly to prospective investors
Use a data-driven approach to source deals across the world &
Identify underestimated founders at the earliest possible stage
You don't need warm intros to connect with investors.
Focus on building something useful.
Investors will get in touch with you directly if there is a good fit.
Talent is universal; the opportunity for funding is not.
Given opportunities, many high-potential players would have succeeded.
MakerMix is on a mission to level the playing ground for all founders across the world.
We are simply metrics driven.
Founders send startup updates directly to accredited investors.
Let data talk.
“Accredited Investor” for Users in the United States shall have the meaning set forth under United States Securities laws, as discussed in the section entitled “Accredited Investors” below, and for Users outside of the United States shall have the equivalent meaning, if any, as set forth in the applicable securities laws in such User’s jurisdiction of residence.
“Content” means all information and content available on the MakerMix Platform (if uploaded by MakerMix, “MakerMix Content”, and if uploaded by a User, “User Content”) and its “look and feel”, except all User submissions, including but not limited to trademarks, logos, service marks, copyrighted works, text, graphics, logos, button icons, images, audio/video clips, data compilations and software, and the compilation and organization thereof.
“Services” refers to all products and services provided to you by MakerMix.
“Registered User” shall mean any user or person who interacts with the MakerMix Content or User Content via the MakerMix Platform.
Description of the MakerMix Platform
MakerMix provides resources and tools to entrepreneurs and Accredited Investors. We have built the MakerMix Platform to meet the needs of the entrepreneur, VC, investor, and angel community. The MakerMix Platform refers to the services offered to Users of MakerMix, including its wholly-owned subsidiaries and affiliates. This includes any and all of the Content thereon and services provided by MakerMix on or in conjunction with websites wholly owned by MakerMix, including but not limited to, storage, email, professional services, and collaboration services. Such tools and services include, but are not limited to, the offerings on the following website:
MakerMix (MakerMix.co): A web application that primarily provides deal flow services for entrepreneurs, companies, and investors.
MakerMix does not review or verify any User content, and does not and cannot guarantee that any User content is accurate or complete.
Entrepreneurs: If you are an entrepreneur User, you may upload information about your business, including information you consider confidential and designate as confidential, and Investors may see that information. Notwithstanding the foregoing, in the event you send your startup updates on the MakerMix Platform, you hereby expressly grant to MakerMix a license to share your, name, email address and startup updates (collectively “Basic Application Information”) with Investors. Please, be aware that MakerMix has no control over the actions of Investors. Also, though we take all reasonable steps in accordance with industry standards to prevent it, we cannot guarantee that the MakerMix Platform will never suffer from a software bug or a hacker attack that will allow unauthorized viewing of confidential material, or that any Investor is actually accredited.
Investors: If you signed up as an accredited Investor User, you may have access to an entrepreneur’s confidential information, and should use your discretion in how you handle that information.
MakerMix shall have no obligation to participate or assist in any way in the event of any dispute between Users.
Notwithstanding the above or anything to the contrary set forth in the Terms of Service, MakerMix shall have the absolute and unlimited rights to reject any User, to terminate the account of any User, to delete any User Content, or to publish any User Content that is not confidential, including for the purposes of marketing MakerMix and/or the MakerMix Platform.
License to Use
Subject to the terms of these Terms of Service, which constitute the agreement between MakerMix and you, the User, MakerMix grants to you a non-exclusive, revocable, non-transferable license to use the MakerMix Platform. All right, title, and interest in and to the MakerMix Platform (excluding User Content) is and will remain the exclusive property of MakerMix and and/or its licensors.
MakerMix enables Users to self-accreditate, but MakerMix does not certify or verify the self-accreditation of any of its Users. All Users of the MakerMix Platform are advised that MakerMix does not take any steps to verify the information provided to us by the Accredited Investor, and does not and cannot guarantee that any investor actually qualifies as an Accredited Investor. Each User is solely responsible for conducting diligence on any Accredited Investor with whom that User interacts on the MakerMix Platform. Further, some of MakerMix’s Users may be located outside of the United States. MakerMix does not verify the compliance of any such Users with the applicable securities laws in their home jurisdiction and relies solely on their self-certification that they are in compliance with applicable laws.
Federal securities laws require that securities sold in the United States be registered with the Securities and Exchange Commission unless there is an exemption available under applicable law. “Securities” is a very broadly defined term under the United States securities law and will include most of the types of investment opportunities that are offered by early and growth stage ventures including, without limitation, promissory notes, convertible promissory notes, options, warrants, capital stock and other financial contracts that offer third parties a participation in profit-sharing or the potential growth of a business. The securities laws applicable to such private placements of securities are complicated and are currently in a state of flux due to certain changes adopted as part of the JumpStart Our Business Start-up Act of 2012 as to which rulemaking and implementation of the act by the Securities and Exchange Commission and the Financial Industry Regulatory Authority is ongoing. Such transactions are subject to both federal and state law and depending on the company involved and the location of the investors, may also be subject to foreign laws. To comply with certain provisions of applicable law necessary to qualify for exemptions from registration in the United States, there are limitations on the use of general solicitation or advertising. MakerMix is not responsible for determining and makes no representation as to whether any use of the MakerMix Platform constitutes general solicitation or advertising under applicable law.
By using the MakerMix Platform you understand and agree that you will be solely responsible for complying with all applicable law regarding any transaction in which you may engage, including without limitation the determination of whether any investor is an Accredited Investor and whether any investment complies with the terms of any United States law (or any law of any US state or foreign jurisdiction) or meets the criteria for any exemption from registration and/or disclosure available thereunder.
MakerMix does not recommend any investments, does not verify or review User documents or communications, and does not give business advice, financial advice, investment advice, tax advice or legal advice. MakerMix does not claim to be and is not registered as a broker-dealer and investment advisor. Nothing on this MakerMix Platform is intended to be or shall constitute or be construed as a sale or purchase or offer to sell or purchase or a recommendation of any securities.
Some of MakerMix's services are provided free of charge, while others are provided for a fee. The fees for each service vary.
All product and service features, including availability and price, are subject to change at any time without notice. We reserve the right, with or without prior notice, to limit the availability of or to discontinue any product or service; to impose conditions on any promotion; to bar any user from making any purchase; and/or to refuse to provide any user with any product or service.
You authorize MakerMix to charge you for all products or services purchased by you through the MakerMix Platform, to the payment method you provide. "Charge" shall indicate either a charge or a debit, as applicable, against your payment method. If you request a purchase on a recurring basis, you agree that we may automatically charge the payment method you have provided at the regular intervals you have designated, unless and until you cancel according to our cancellation terms by selecting the cancellation option on your company profile page. You represent that you have the legal right to use any payment method that you submit to us. There will be no refunds or credits for prior months of service, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
All orders placed through the MakerMix Platform are subject to our acceptance. Your receipt of an order confirmation does not signify our acceptance of your order. We reserve the right at any time after receipt of your order to accept or decline your order for any or no reason and without liability to you or anyone else. If your method of payment has already been charged for an order that we later cancel, we will issue you a refund. Prices are in U.S. dollars unless otherwise stated and are subject to change. We may require verification of information prior to the acceptance and/or fulfillment of any order.
Our Proprietary Rights
We and/or our licensors and suppliers own the information and materials made available through MakerMix, excluding User Content. Such information and materials are protected by copyright, trademark, patent and/or other proprietary rights and laws. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use MakerMix, you may access, view and print a single copy of any content on MakerMix to which we provide you access hereunder, solely for your personal, internal business and non-commercial purposes, provided that you keep intact all copyright and other proprietary notices. Other than exercising rights you may have to documents provided to you by another user through the Services, or except as expressly authorized in advance by us in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based on all or any part of MakerMix or any information or materials made available through MakerMix.
Our trade names, trademarks and service marks include, without limitation, MakerMix and any affiliated or associated logos. All trademarks and service marks on MakerMix not owned by us are the property of their respective owners. You may not use our trade names, trademarks or service marks in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on MakerMix should be construed as granting any license or right to use any trade names, trademarks or service marks without the express prior written consent of the owner.
If you are under the age of 18, please do not sign up for an account. Additionally, if you wish to use the MakerMix platform as an investor, you must be an Accredited Investor and so represent to MakerMix.
Limitations on Use
In order to best serve our Users, and to comply with applicable laws, MakerMix has a limited number of rules which govern how you may behave while interacting with the MakerMix Platform and other Users. Please review the rules below carefully, since your violation of them may result in the termination of your access to the MakerMix Platform in MakerMix’s sole discretion at any time and without prior notice.
Limitations on Service
While it is our goal at MakerMix to provide you with a useful, stable and available service, we cannot guarantee that there will be no unforeseen difficulties, technical or otherwise, which may, in rare cases, result in service interruptions or loss of data. For this reason, the MakerMix Platform and all Content and services on it are provided strictly on an 'as is' basis. By accepting these Terms of Service, you agree that neither MakerMix nor any of its third party service providers will be held accountable for any delays in transmission of your data, data loss, service interruptions or retention of User settings.
MakerMix reserves the right to change or discontinue, either temporarily or permanently, any part of the MakerMix Platform or any or all of its services at any time and without prior notice. You agree that neither MakerMix nor any of its third party service providers will be liable for any damages, including lost business opportunities, should such discontinuance occur.
We ask that any registration data you provide to MakerMix is true, current and complete. In the event any of this information changes, please send us an update.
Compliance with Applicable Laws
You agree to use the MakerMix Platform only as provided for in these Terms of Service. You also agree not to use the MakerMix Platform in any way that is in conflict with the law in your jurisdiction. Further, you may not use the MakerMix Platform for the transmission of any information that is obscene, libelous, harassing, abusive, threatening, invasive of a User's privacy, or in violation of any other individual's intellectual property rights.
By registering with or using MakerMix, you consent to the collection and use of your personal information and the transfer of this information to the United States or other countries for processing and storage by MakerMix.
A User may elect to make certain confidential, personal or private information viewable through the MakerMix Platform. You may not disclose information obtained in this manner to any third parties without first obtaining permission from that User. You agree not to collect or aggregate User information accessible through the MakerMix Platform for commercial use or redistribution, including the targeted marketing of non-MakerMix services to individual Users. MakerMix reserves the right to immediately terminate, without notice, the account of any User found to have violated this rule in the sole and absolute discretion of MakerMix.
In general, as a condition to your continued use of the MakerMix Platform, you agree that you will not use the MakerMix Platform for any purpose that is unlawful or prohibited by these Terms of Service. In the access or use of the MakerMix Platform, you shall comply with these Terms of Service and the special warnings or instructions for access or use posted on the MakerMix Platform. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the MakerMix Platform or any MakerMix Content or services that may appear on the MakerMix Platform and you may not impair in any way the integrity or operation of the MakerMix Platform. Without limiting the generality of any other provision of these Terms of Service, if you default negligently or willfully in any of the obligations set forth in these Terms of Service, you shall be liable for all the losses and damages that this may cause to MakerMix, our affiliates, partners or licensors.
By way of example, and not limitation, you agree not to:
Post, transmit, or otherwise make available through or in connection with your use of the MakerMix Platform:
Any information or materials that are or may be, or the posting, transmission or use of which is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright,
trademark, trade secret, right of publicity or privacy or any other proprietary right of any third party.
Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”
Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any hardware, software or equipment.
Any unsolicited or unauthorized advertisements, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation that is not expressly approved in writing by MakerMix in advance.
Any personally identifiable information of another individual, without the prior consent of such individual.
Any material, non-public information about a company, without the proper authorization to do so.
Use the MakerMix Platform for any fraudulent or unlawful purpose.
Use the MakerMix if you are a competitor of the Company, or for reasons that are in competition with the Company.
Use the MakerMix Platform to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or to harvest or collect information about Users of the MakerMix Platform.
Impersonate any person or entity, including without limitation any representative of MakerMix or any other company; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the MakerMix Platform; or express or imply that MakerMix endorses any statement you make.
Interfere with or disrupt the operation of the MakerMix Platform or the servers or networks used to make the MakerMix Platform available; or violate any requirements, procedures, policies or regulations of such networks.
Restrict or inhibit any other person from using the MakerMix Platform (including without limitation by hacking or defacing any portion of the MakerMix Platform).
Reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, the MakerMix Platform.
Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the MakerMix Platform.
Remove any copyright, trademark or other proprietary rights notice from the MakerMix Platform or materials originating from the MakerMix Platform.
Frame or mirror any part of the MakerMix Platform.
Create a database by downloading and storing MakerMix Platform Content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way MakerMix Platform Content or reproduce or circumvent the navigational structure or presentation of the MakerMix Platform without MakerMix’s express prior written consent.
We do not accept unsolicited suggestions and/or ideas. All inquiries, feedback, suggestions, ideas or other information any User provides to MakerMix concerning the MakerMix Platform (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting or posting any Submission, the User hereby grants MakerMix full ownership of the Submission as if MakerMix had created, developed and posted the Submission for its own purposes. Please note this is different from User Content, which is addressed below. MakerMix reserves the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as it sees fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with MakerMix’s products or services. User also acknowledges that User Submissions will not be returned and MakerMix may use Submissions, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. For clarification, deal documents and emails or other communications between Users are not considered Submissions; MakerMix claims no right, title or interest in such documents or communications.
If a User makes a Submission, the User represents and warrants that the User owns or otherwise control the rights to the Submission. User further represents and warrants that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” Users may not use a false email address, impersonate any person or entity, or otherwise mislead MakerMix as to the origin of any Submission. The User agrees to indemnify MakerMix for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
The MakerMix Platform permits the submission of content or communications submitted by Users (“User Content”) and the hosting, sharing, and/or publishing of such User Content.
MakerMix does not and will not claim any ownership over or rights to User Content other than a license to display it on the MakerMix Platform as directed by the User, but User understands that whether or not such User Content is published, though MakerMix will seek to maintain the confidentiality of any data designated as confidential by a User, MakerMix does not guarantee any confidentiality with respect to any User Content.
User shall be solely responsible for User’s own User Content and the consequences of posting or publishing them. In connection with User Content, User affirms, represents, and/or warrants that: (i) User owns or has the necessary licenses, rights, consents, and permissions to use and authorize MakerMix to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the MakerMix Platform and these Terms of Service; and (ii) User has the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the MakerMix Platform and these Terms of Service.
By submitting the User Content to the MakerMix Platform, User hereby grants MakerMix a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the MakerMix Platform and MakerMix’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the MakerMix Platform (and derivative works thereof) in any media formats and through any media channels. User also grants each User of the MakerMix Platform a non-exclusive license to access the User Content of that User through the MakerMix Platform, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the MakerMix Platform and under these Terms of Service. The foregoing license granted by User terminates once User or MakerMix removes or deletes any User Content from the MakerMix Platform.
User agrees that User will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless User is the owner of such rights or have permission from their rightful owner to post the material and to grant MakerMix all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage MakerMix or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person.
MakerMix does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Content. MakerMix does not knowingly permit infringement of intellectual property rights on its MakerMix Platform, and will remove all User Content if properly notified that such User Content infringes on another’s intellectual property rights. MakerMix reserves the right to remove User Content without prior notice. MakerMix will also terminate a User’s access to its MakerMix Platform, if a User is determined to be a repeat infringer. MakerMix also reserves the right to decide whether User Content is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. MakerMix may remove such User Content and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You understand that when using the MakerMix Platform, you may be exposed to User Content from a variety of sources, and that MakerMix is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MakerMix with respect thereto, and agree to indemnify and hold MakerMix, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the MakerMix Platform.
All information and Content available on the MakerMix Platform and its “look and feel”, except all User Content (as defined herein), including but not limited to trademarks, logos, service marks, copyrighted works, text, graphics, logos, button icons, images, audio/video clips, data compilations and software, and the compilation and organization thereof is the property of MakerMix, its affiliates, partners or licensors, or is used with consent of the owner, and is protected by United States and international laws, including laws governing copyrights and trademarks. The reproduction and use of any of these by you is prohibited unless specific permission is provided on the MakerMix Platform or otherwise. Any unauthorized use may violate copyright laws, trademark laws, privacy and publicity laws, and/or communications regulations and statutes of the United States and foreign laws and international conventions.
The trademarks, service marks, logos, and other indicia, including of MakerMix (collectively the “Trademarks”) which appear on the MakerMix Platform are registered and/or unregistered trademarks of MakerMix and others. Nothing contained on the MakerMix Platform should be construed as granting, by implication or otherwise, any right, license or title to any of the Trademarks without the advance written permission of MakerMix or such third party as may be appropriate. All rights are expressly reserved and retained by MakerMix. Your misuse of any of the Trademarks displayed on the MakerMix Platform, or any other Content on the MakerMix Platform, except as provided in these Terms Of Service, is strictly prohibited. You are also advised that MakerMix considers its intellectual property to be among its most valuable assets, and will aggressively enforce its intellectual property rights to the fullest extent of the law.
Both the MakerMix Platform and the Content of the MakerMix Platform are provided “AS IS” for Users information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. MakerMix reserves all rights not expressly granted in and to the MakerMix Platform and the Content. User agrees to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User submissions of third parties obtained through the MakerMix Platform for any commercial purposes. If User downloads or prints Content for personal use, User must retain all copyright and other proprietary notices contained therein. User agrees not to circumvent, disable or otherwise interfere with security related features of the MakerMix Platform or features that prevent or restrict use or copying of any Content or enforce limitations on use of the MakerMix Platform or the Content thereon. MakerMix does not make any representations or warranties, whether express or implied, regarding or relating to the MakerMix Platform or any associated hardware or software, including the Content or operations of either.
NONE OF MAKERMIX, ITS AFFILIATES, THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE ‘MAKERMIX PARTIES’ ) MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT THE MAKERMIX PLATFORM OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO THEIR ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS, OR RELIABILITY. NONE OF THE MAKERMIX PARTIES SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION MADE AVAILABLE ON OR THROUGH THE MAKERMIX PLATFORM OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE MAKERMIX PLATFORM A SOLELY AT YOUR OWN RISK.
MAKERMIX PROVIDES THIS MAKERMIX PLATFORM AS A RESOURCE FOR USERS INVOLVED WITH INVESTING IN EARLY STAGE TECHNOLOGY AND EMERGING GROWTH COMPANIES BUT MAKERMIX DOES NOT GIVE BUSINESS ADVICE, INVESTMENT ADVICE, TAX ADVICE OR LEGAL ADVICE TO ANYONE USING THE MAKERMIX PLATFORM. MAKERMIX DOES NOT CLAIM TO BE AND IS NOT A BROKER, DEALER OR INVESTMENT ADVISOR AND NOTHING HEREIN SHALL CONSTITUTE A
SALE OR OFFER TO BUY OR SELL OR RECOMMEND ANY SECURITIES. MAKERMIX DOES NOT MAKE INVESTMENTS. EACH USER OF THE MAKERMIX PLATFORM MAKE HIS OR HER OWN INVESTMENT DECISIONS BASED UPON HIS OR HER PERSONAL DUE DILIGENCE INVESTIGATION AND OTHER PERSONAL INVESTMENT CRITERIA. MAKERMIX IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO THE ACTIONS OR OMISSIONS OF ANYONE USING THE MAKERMIX PLATFORM. AS A CONDITION TO YOUR USE OF THE MAKERMIX PLATFORM, YOU HEREBY WAIVE AND RELEASE ANY AND ALL CLAIMS, CAUSES OF ACTION OR OTHER RIGHTS THAT YOU MIGHT HAVE AGAINST ANY OF THE MAKERMIX PARTIES ARISING OUT OF OR RELATING TO THE SUBMISSION AND REVIEW OF ANY MATERIALS MADE AVAILABLE ON OR THROUGH THE MAKERMIX PLATFORM.
IN NO EVENT SHALL ANY MAKERMIX PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM EITHER A PERSON OR ENTITY'S USE OR INABILITY TO USE THE MAKERMIX PLATFORM, OR THE SUBMISSION OF ANY MATERIALS VIA THE MAKERMIX PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A MAKERMIX PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE MAKERMIX PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
At MakerMix's request, User agrees to defend, indemnify and hold harmless MakerMix, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, licensees, distributors and content providers from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related, directly or indirectly, to any misuse of the MakerMix Platform or breach of this Agreement by User.
MakerMix reserves the right to suspend or terminate these Terms of Service and/or any User’s access to the MakerMix Platform at any time and without notice in its sole discretion.
These Terms of Service, together with the Privacy Notice and any other legal notices published by MakerMix on the MakerMix Platform, shall constitute the entire agreement between you and MakerMix concerning the MakerMix Platform. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and MakerMix’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
Except for users residing within the EU or European Economic Area and elsewhere where prohibited by applicable law:
1. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
2. By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
3. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Sacramento, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
4. This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of California without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
5. The online dispute settlement platform of the European Commission is available under http://ec.europa.eu/odr. MakerMix does not take part in dispute settlement procedures in front of a consumer arbitration entity for users residing in the EU or European Economic Area.
Modifications to the Terms of Service
MakerMix may change these Terms of Service at any time and in its sole discretion. The modified Terms of Service will be effective immediately upon posting and you agree to the new posted Terms of Service by continuing your use the MakerMix Platform. MakerMix will provide at least 10-days' notice before any material changes take effect. If you do not agree with the modified Terms of Service, your only remedy is to discontinue using the MakerMix Platform. Notwithstanding the foregoing, any changes to this Agreement shall not apply to any dispute between you and us arising prior to the date of such posting or other notification. We may, at any time, temporarily or permanently modify or discontinue all or part of MakerMix, with or without notice and/or offer opportunities to some or all users of MakerMix. You agree that the MakerMix Platform shall not be liable to you or to any third party for any modification, suspension or discontinuance of MakerMix, in whole or in part, or of any Service, content, feature or product offered through MakerMix. You agree that we may, at any time, charge fees in connection with the use of all or part of MakerMix and/or for certain features of the Services and that you will be responsible for all such charges (including any applicable tax). You will be notified in advance of any such charges.
USER ACKNOWLEDGES THAT USER HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. USER FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN USER AND MAKERMIX WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, WRITTEN OR ORAL, AND ANY OTHER COMMUNICATION BETWEEN USER AND MAKERMIX RELATING TO THE SUBJECT MATTER OF THIS TERMS OF SERVICE.
Should you have any questions concerning these Terms Of Service, please contact us.
The MakerMix Platform
The MakerMix Platform offers a service for investors and for entrepreneurs to exchange information.
General Data Protection Regulation (GDPR)
The GDPR is an EU Regulation to improve the protection of the personal data of EU citizens and increase the obligations of organisations who collect or process personal data. These new regulations take effect on the 25th of May 2018. The regulations greatly enhance the data privacy and security of our customers and extend to them exercisable rights enabling greater control over one's personally identifiable information.
The full specification of the GDPR rights and regulations can be found here
MakerMix functions as both a controller and processor of our customers' personally identifiable information (PII). Additionally, we employ a number of sub-processors to which we transmit data for storage or processing beyond feature sets under our immediate control.
As a controller of data, we store PII such as customer names, email addresses, physical addresses, IP addresses, phone numbers and avatars. We use databases through GDPR compliant service providers (AWS, Heroku, mLab) to store sensitive customer data.
MakerMix is also a processor of customer data. We use customer data to compile legal documents, surface content, and facilitate investment-related matchmaking services. Sub-processors are leveraged by MakerMix systems for purposes of financial transaction execution, internal analytics, and system monitoring.
We have a system-wide GDPR compliance effort underway which will manifest itself on the core MakerMix platform as well as any of our hubs, satellite applications, or other owned properties.
• On the MakerMix Platform;
• In e-mail, text and other electronic messages between you and MakerMix, on the MakerMix Platform or otherwise; and
It does not apply to information collected by:
• Us offline or through any other means, including on any other website operated by MakerMix or any third party (including our affiliates and subsidiaries); or
• Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the MakerMix Platform.
What is “personal data”?
"Personal data" is any data that (1) is recorded in any form, (2) is about or pertains to a specific individual and (3) can be linked to that individual. For example, and without limitation, your first and last names, address, email address, telephone number, and other contact information, and the deals in which you have participated are "personal data."
What kind of personal data is collected?
We collect personal data at different stages of your use of the MakerMix Platform.
When you visit MakerMix.com - If you visit MakerMix.com or use an interface which interacts with MakerMix.com, whether or not you sign-in as a registered user, we collect your IP address, the location of your Internet Service Provider, the type and version of Internet browser that you are using, and the website from which you came. We also collect information regarding your site usage, such as the time spent on a page and the number of pages you viewed.
When you interact with the MakerMix Platform -We also collect personal data that you provide when you interact with the MakerMix Platform such as, for example, by sending a message or uploading documents, preparing an accelerator application, or when exchanging correspondence with us such as through support emails.
When you use your account -We collect information that you provide or create when you use your account:
• If you are classified as an Investor, you may record in your profile, such as your contact information, picture, biography, experience, or other groups to which you belong. All the information you shared will be disclosed to other users on the platform.
• If you are an entrepreneur, and you represent a company that is seeking investors, you may record information about yourself, your company, and your company’s management team. You may also include a video recording or picture. All information you put onto the MakerMix Platform is disclosed to Investors on the platform.
How is personal data collected?
We collect personal data directly from you when you provide it through your use of the MakerMix Platform, such as in emails or when you fill out forms that are displayed on the MakerMix Platform.
For what purpose will my personal data be used?
MakerMix uses your personal data to maintain your account and to provide you with the deal-flow services offered on the MakerMix Platform. We also use your personal data to respond to requests that you make of us, and to contact you and to provide you with information that we believe may be of interest to you.
We may also use your name and contact information to make queries to social networking and other sites, such as LinkedIn, for a variety of purposes, including, but not limited to, verifying your identity, and showing you how you are linked or connected to other individuals who are also MakerMix users.
Your personal data may also be shared with companies in the MakerMix family of companies or to third parties as described below.
Can third parties see my personal data?
• If you are an investor - The MakerMix Platform allows entrepreneurs to view your basic profile information, e.g., name and stage of interest.
• If you are an entrepreneur- If you are an entrepreneur and you have posted or uploaded information about you and/or your team, this information is disclosed to the investors on the MakerMix platform.
With whom may MakerMix share personal data?
Under certain business or legal conditions, MakerMix may have to disclose your personal data to others as follows:
• Within the MakerMix Family– MakerMix may now or in the future have a parent, subsidiary or related company or companies within the MakerMix family of companies. MakerMix has the right to share all personal data with all such affiliated companies.
• Service Providers - MakerMix may engage other companies and individuals to perform necessary business functions on behalf of MakerMix (e.g. customer service or email provider). If it is necessary to perform these functions, these companies or individuals may have access to personal data of our users. These service providers have agreed not to use the personal data for any other purpose other than providing the required services.
• Legally Required Disclosure -Under certain circumstances, disclosure of your personal data may be required by law. MakerMix may disclose your personal data (1) if, in its own best judgment, it is required by law to do so in order to comply with a facially valid judicial or governmental subpoena, warrant, bankruptcy proceedings, or other order, or (2) to a government institution that has asserted its lawful authority to obtain the information, or (3) when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud.
Sharing with 3rd Parties
3rd Parties are companies unaffiliated with the MakerMix Platform. We may share your personal data with 3rd parties if given permission by you so that they can market their products or services to you. If you do not want us to share your personal data with 3rd parties after giving us permission to do so, please contact us.
Can I access or change my personal data?
Upon request MakerMix will provide you with information about whether we hold any of your personal information. If your personal data changes, you may correct, update, or amend by making the change by emailing us.
We will retain your information for as long as your account is active to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
For auditing and security purposes, MakerMix keeps a log of all users' activities, which is retained in its archives as necessary for MakerMix to fulfill its obligations. Users may have access to the personal data that pertain to them. However, because the administrative and technical burden associated with the retrieval of these archived data is substantial, MakerMix charges a fee for this effort in a manner that is consistent with its actual cost. In addition, each user's right of access may be limited to the extent that providing access might infringe on a third party's privacy rights. Requests for access to this archived information are handled on a case-by-case basis, after MakerMix has verified the identity of the requestor. Inquiries should be made as provided in the section.
What is Aggregated Data, and how is it used?
Data aggregation is a process in which information is gathered and expressed in a summary form for purposes such as statistical analysis, in order to obtain information about a particular group based on specific variables. Data used for aggregation purposes are collected in a form that removes all identifiers, and may be combined with other data for which all identifiers have also been removed. MakerMix uses aggregated data to generate accurate metrics about the early stage private equity industry.
What is Website Data, and how is it used?
Website data is aggregated data about the overall traffic to, and usage of the MakerMix Platform. Examples include the number of visitors to the MakerMix.co website and the number of registered users of the MakerMix Platform. MakerMix may extract and use website data for internal purposes, in order to analyze the performance of the MakerMix Platform and applications. For example, we may use these data for traffic analysis and business decision making, in order to determine how we can improve our site or its functionalities.
The statistics generated in this manner contain no personal data and cannot be used to gather any information about individual visitors to the site.
Cookies and other Tracking Technologies
MakerMix uses 'cookies.' A cookie is a small amount of data sent to a user's web browser from a web server, which is then stored on the user's hard drive. Cookies are used to make site navigation easier, and can help recognize a returning visitor. MakerMix's cookies do not generate any personal data, do not read personal data from your computer, and are not tied to any personal data. Most browsers automatically accept cookies. You can instruct your browser, by editing its options, to stop accepting cookies, or to prompt you before accepting cookies from the sites that you visit. If you decide not to accept our cookies, some or all features of the site may not be available because navigation on the site is facilitated by cookies. You can delete cookies from your computer at any time. You can learn more about cookies by visiting: http://www.allaboutcookies.org or www.networkadvertising.org .
• Action Tags
MakerMix uses action tags. An action tag is a small piece of code that is placed on a webpage or in an email in order to track the pages viewed or the messages opened, the date and time when someone visited our website, the website from which the visitor came, the type of browser used, and the domain name and address of the user's Internet Service Provider. Action tags allow us to better understand how users and visitors use our site or browse through our pages, so that we can improve access to and navigation through the site, add or modify pages, according to our user's patterns. Action tags cannot be removed or deleted by our users, because they are part of the programming of a webpage.
• Log Files
Log file information is automatically reported by your browser each time you access a web page. When you use the MakerMix Platform, our servers automatically record certain information that your web browser sends out whenever you visit any website. These server logs may include information such as your web request, IP address, browser type, referring/exit pages, operating system, date/time stamp, the files viewed on our site (e.g., HTML pages, graphics, etc.) and URLs, number of clicks, domain names, landing pages, pages viewed, and other similar information.
• Web Beacons
When you use the MakerMix Platform, we may employ web beacons, which are used to track the online usage patterns of Users anonymously. No personal data from your account is collected using these beacons. In addition, we may also use web beacons in HTML-based emails sent to Users to track which emails are opened by recipients.
• Behavioral Targeting
What security measures are in place to protect my personal data?
MakerMix uses physical, technical, and administrative procedures in order to safeguard and protect personal data from loss, misuse, unauthorized access, disclosure, alteration, and destruction. However, while we do our best to implement reasonable security measures, we do not guarantee that our safeguards will always work.
MakerMix uses industry-standard technological means to protect your personal data while in transit through the Internet. We use encryption and a comprehensive authentication protocol to provide reasonable security. However, please remember that no security system on the Internet is perfect. If you have any questions about security on our Web site, you can contact us at support@MakerMix.com.
What about Uploaded Documents?
Documents that are uploaded to the MakerMix Platform for sharing are stored at a third party data-storage service. All uploads and downloads are transmitted through the web between users and the data storage service using the same encryption techniques as those that are used with personal data. However, uploaded documents are neither stored redundantly, nor backed up. Therefore, we recommend that MakerMix users keep back-up copies of their documents if they upload them to the MakerMix.com website.
When will MakerMix contact me?
MakerMix will communicate with you in response to your requests for service or customer support. We will contact you by phone or by email, according to your preference.
Links to other websites
MakerMix may provide links to other websites. We are not responsible for the privacy practices or content of these sites. In order to safeguard your privacy, please review the privacy policies of any sites that you may visit before providing any personal data to these third party sites.
Limitation of Liability
MakerMix exercises reasonable efforts to safeguard the security and confidentiality of your personal data; however, transmissions protected by industry standard technology and administered by humans cannot be guaranteed to be secure. MakerMix will not be liable for unauthorized disclosure of personal data that occurs through no fault of MakerMix including, but not limited to, errors in transmission, access to your account by anyone uses your user ID and password, your failure to comply with your security obligations, and the unauthorized acts of MakerMix's employees.
California Privacy Rights
California Civil Code Section § 1798.83 permits users of the MakerMix Platform that are California residents to request certain information regarding our disclosure of personal data to third parties for their direct marketing purposes. To make such a request, please contact us.
You will have the right to terminate your account at any time.
Effective Date: Sep 23, 2018