Terms & Conditions of Use
If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use.
Website Terms and Conditions of Use
The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website which are not the property of, or licensed to, the operator are the property of their respective trademark owners.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Your use of this website and any dispute arising out of such use of the website is subject to the laws of Delaware, USA
All content, unless otherwise stated, is copyright © 2018 Eqvista All rights reserved.
Eqvista respects and complies with the EU’s General Data Protection Regulations (GDPR).
Some of the key ways we comply with GDPR regulations are:
Right to Access
Users can request confirmation as to whether or not personal data concerning them is being processed, where and for what purpose. Further, we shall provide a copy of the personal data, free of charge, in an electronic format.
Right to be forgotten
Once we have compared your (the subject’s) rights to “the public interest in the availability of the data”, we may delete your personal data where you have requested this.
We allow you to receive the personal data concerning you, which we will provide in a ‘commonly used and machine readable format.’ You have the right to transmit that data to another ‘controller.’
Privacy by Design
We implement appropriate technical and organisational measures, in an effective way, in order to meet the requirements of this Regulation and protect the rights of data subjects. We hold and process only the data absolutely necessary for the completion of our duties (data minimisation), as well as limiting the access to personal data to those needing to act out the processing.
Usage of Data
Personal data will be kept in a fair way and will be collected for the specific purpose only.
The data subject (the user) must be identified only for as long as necessary unless its collected data is kept for historical, statistical or scientific research purposes.
The identity and the contact details of the data controller and of the Data Protection Officer (a new requirement set by the GDPR) will be disclosed to users.
Users would be told why their personal data is being collected.
Users would be told who will receive their collected personal data.
The data controller will specify if they intend to transfer the user’s data out of the EU.
Users have a right to request update or removal of their personal data
If a user’s data is going to be transferred out of the EU, the data controller will notify where the data is going and the level of data protection that country has.
Blockchain and GDPR
The use of the Company’s distributed ledger and blockchain technology is restricted for users in the European Union, as all data is hashed into the ledger, and does not allow for data to be forgotten. The user is responsible for adhering to this policy, and the Company is neither liable or responsible for these restrictions. European Union clients can freely use our system without block-chain service.
We, Eqvista, use Blockchains to solve compliance challenges and to store data on a distributed ledger. The distributed ledger is accessible to everyone, and users will be able to view their company data on the blockchain. Blockchain allows digital information to be distributed but not copied. You agree and authorize the Company to charge you for all services and products purchased through the Blockchain shares platform and through the payment method provided. All services and products provided by the company, including the price and availability of services, are subject to change without prior notice and at any time. The Company reserves the right to limit the availability or continuance of any service or product, to ban any user from making a purchase, impose restrictions and conditions of our services or refuse to provide service to any user without prior notice. You are responsible for paying all applicable fees set forth in our pricing terms and any applicable taxes associated with the service, in a timely manner with a valid payment method. You are responsible for all charges incurred through your account (including by anyone who uses your account), and you represent that you have the legal right to use the payment methods submitted.
The Company may provide its users with notice—including changes or modifications in the Company’s terms and agreements—by email, regular mail, postings or through our distributed ledger to your account. The user agrees that these notices will be deemed as given twenty four hours after the email or notice by distributed ledger is sent, unless the Company is notified the email is invalid. In such cases that notices are sent by mail, the user agrees that these notices will be deemed as given 5 days after the mail is posted.
The Company reserves the rights to choose and determine the form of notice given to the user, provided that the user may choose to opt out of a given form of notice as defined in these terms. They can do so by notification to the Company in writing, email, or through their user account. The Company will not be responsible for any automatic email address filtering by your network provider, and the user is responsible for checking their email received.
Modifications of terms
Eqvista reserves the right, at its sole discretion, to modify, change, alter, add or remove portions of our terms of service at any time. It is your responsibility and You agree to review to these terms and posting of changes from time to time. The continued use of our website after the posting of any changes means that you accept and agree to these changes.
You hereby grant, represent and warrant that you have the rights and licenses to submit the user data required for the Company for use by the Company and its subcontractors, without limitation, and features of the service through the platform and use by third parties. You agree that the Company has the rights to share the data to third parties. You further agree that the Company has the right, both during the length of use and after, to store, use, distribute, transmit, copy, modify and display the aggregate data.
When records are kept in such manner, a clearly legible paper form prepared from or by means of the information storage device, method, or 1 or more electronic networks or databases (including 1 or more distributed electronic networks or databases) shall be valid and admissible in evidence, and accepted for all other purposes, to the same extent as an original paper record of the same information would have been, provided the paper form accurately portrays the record.
Every share transaction is immutably stored in the blockchain technology. Each transaction is cryptographically signed and time stamped. Every stockholder could be directly registered on the blockchain.
Any corporation shall convert any records so kept into clearly legible paper form upon the request of any person entitled to inspect such records. You can simply discontinue use of our distributed ledger system and continue to use the captable to maintain the overview of yours shares. Please bear in mind that every entry into blockchain technology is immutable.
If you want to retrieve any data directly from the blockchain, you will be given private key which allows you to see all stored data.
Data is stored not only on Blockchain but also on PHP.
The Company will not be responsible for any backup, recovery or other steps required to ensure that User Data is recoverable in the case of data loss. You are solely responsible for backing up your User Data on a regular basis
Ownership & Our Proprietary rights
The Company shall own and retain the rights, title and interest of the services as outlined in the service agreement, along with all intellectual property (Graphics, visual interfaces, design, computer code, distributed ledger, products, software, services, etc..).
The Customer shall own the rights, title and interest in any customer data and customer confidential information of the users or Subscribing Organization. The customer acknowledges and agrees to have the sole responsibility for the qualify, accuracy, integrity and reliability of all customer data.
When an account is first registered on behalf of any Subscribing Organization, the person who registered the account will initially act as the “Administrator” for purposes of such Subscribing Organization’s use of the Service. They will be granted certain options to initially determine the level of access, privacy, and security for the Service related to the Subscribing Organization (“Administrator Account”). This administrator account will be responsible for the updated records of the current shareholders, their held shares, known address, price or values, any changes to share structure for the company, and Eqvista will not be responsible for the accurate updated records for the company. Once registration of the Subscribing Organization account has been completed, each Subscribing Organization will be able to register additional Administrators having options based on their discretion. Each Administrator account may designate other Users as additional Administrators, and they will be responsible for confirming that each of those designated Users accept such responsibility as an Administrator Account. Upon being designated as an Administrator, each person will be deemed to agree to the obligations of an Administrator Account. Any person designated as the billing contact in our records for a Subscribing Organization will be deemed to assume the rights and obligations of an Administrator. Administrator Accounts must comply in all respects with all terms and conditions applicable to User Accounts.
- Use of the Eqvista platform of software for any unlawful or fraudulent acts.
- Use of our site to advertise or offering to sell goods or services without the prior consent of the company.
- Any virus, worm, trojan horse, spyware, time bomb, or other computer software, code or programs that is meant to be harmful or invasive to damage, hack, hijack, disable or interfere with the operation, or in use to monitor any hardware or software or customer data of the system.
- Engage in any “data mining”, “bots”, “spiders”, “deep-link”, “page scrape”, or other data gathering and extraction methods for data from the Company’s website or software.
- Adapt, modify, decompile, disassemble, reverse engineer, sell, lease, distribute, or reproduce any portion of our website or platform.
- Transmit or make available any material that is obscene, pornographic, indecent or otherwise inappropriate, threatening, harassing, intimidating, hateful, ethnically or racially insulting, fraudulent, or material protected by trademark, copyright, trade secret or other content without the prior consent of the owner.
- Impersonate another person or entity, gain access to another’s user account without that user’s permission or consent or falsely state or misrepresent your affiliation.
- Disrupt or interfere with the Company’s site, platform, servers, or networks and their availability.
- Collect, steal, or create a database by downloading and storing other user data.
The user and administrator accounts agree to update the shareholders and maintain the record listings of the company. The user is responsible for a complete and updated sharelistings of the company, and the liability for any information inconsistent with the actual shareholder records of the company. If you are using or setting up an account with the Company on behalf of your company, entity, or organization, then you represent and warrant that you are an authorized representative. An authorized representative of the company shall be responsible for the updated recordkeeping of the user’s company.
The company, in its sole discretion, may terminate any account or access to the use of the platform or site for any or no reason, and at any time. The company also reserves the right to discontinue any service or access at anytime, including to display any user data, if we find or believe the user has acted in violation or inconsistently with our terms of this agreement. Suspected illegal, fraudulent or abusive acts of any kind may serve as grounds for termination of service or access to our platform.
Cancelling Blockchain Function
The client must confirm that he wants to store data on the Blockchain Technology. The user has the option to cancel the blockchain function and use its own recordkeeping or captable and other services without deploying blockchain technology. If the user exercises this option, the data will no longer be stored on blockchain.
Governing Law & Jurisdiction
These conditions are governed by and construed in accordance with the laws of the State of Delaware. You hereby expressly agree to submit to the exclusive personal jurisdiction for the purpose of resolving any dispute relating to this or access to or use of the service by you, Agents or end users.
Arbitration Settlement Proceedings
Any dispute arising out of or related to this Terms & Conditions shall be finally settled by the Arbitral Tribunal at the Delaware County Court of Common Pleas or in accordance with the Rules of Delaware Court in effect on the date of commencement of the proceedings.
This Agreement shall be interpreted in accordance with, and incorporate the terms and conditions required by, Section 409A of the United States Internal Revenue Code (the “Code”). The Company reserves the right, to the extent the Company deems necessary or advisable in its sole discretion, to unilaterally amend or modify this Agreement or adopt other policies and procedures (including amendments, policies and procedures with retroactive effect), or to take any other actions, as the Company determines are necessary or appropriate to ensure that the Option qualifies for exemption from, or complies with the requirements of, Code Section 409A; provided, however, that the Company makes no representation that the option will be exempt from, or will comply with, Section 409A of the Code, and makes no undertakings to preclude Section 409A of the Code from applying to the Option or to ensure that it complies with Section 409A of the Code. For the avoidance of doubt, the user hereby acknowledges and agrees that the Company will have no liability to the user or any other party if the grant, vesting, exercise, issuance of shares or any other transaction under this Agreement is not exempt from, or compliant with, Code Section 409A, or for any action taken by the Company with respect thereto.
The 409A valuation is an appraisal of the fair market value of Start-up Company’s common stock. We own all the right to independently evaluate the worth / Fair market value of our company’s stock / deferred compensation periodically by using an IRS / IRC -approved valuation method and scheduled or mentioned in the prospectus under the SEC norms and publish the strike price as per the US law. We adhere to all the tax, penalties and interests in case of any breach on taxable income or stock options. We use Section 409A’s three approved valuation methods Viz;
Illiquid Start-up Appraisal,
Restricted Stock as an Alternative to Section 409A.
These valuations apply for up to 12 months unless there are intervening events that would reasonably and materially impact FMV.
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Eqvista Inc. MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIS WEBSITE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO THEIR COMPLETENESS, ACCURACY, TIMELINESS, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR FREEDOM FROM COMPUTER VIRUSES. YOUR ACCESS TO AND USE OF THIS WEBSITE AND THE CONTENT ARE AT YOUR SOLE RISK. CARTA SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES (INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), LOSSES, CLAIMS OR LIABILITY, KNOWN OR UNKNOWN (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, USE OR DATA), ARISING OUT OF THE USE OF (OR INABILITY TO USE) THIS WEBSITE, THE CONTENT, OR ANY THIRD-PARTY SITE LINKED TO THIS WEBSITE.
The above disclaimer applies to any damages liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or other cause of action.