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TERMS AND CONDITIONS – BigWhale Launchpad

Editor’s identification

The Website and these terms and conditions are published by:

ULTRON TECHNOLOGIES INCORPORATED, Dubai, UAE.

Website host

The Website is hosted by the company ULTRON TECHNOLOGIES INCORPORATED.

WARNING AND PREAMBLE

This document (hereinafter “General Conditions”) applies to the website www.bigwhale.world edited and hosted by ULTRON TECHNOLOGIES INCORPORATED which owns and operates the rights and technology of BigWhale Launchpad, hereinafter referred to as “the Website ”.

Its purpose is to define the terms and conditions under which, on the one hand, ULTRON TECHNOLOGIES INCORPORATED makes available to its Members the Website and services available on the Website and, on the other hand, the way in which Internet users (individuals or legal persons) access the Website and use its Services and the information contained in it regardless of their status. In: Visitor, Member or Project Owner.

IN PARTICULAR, THE USE OF THE WEBSITE AND ASSOCIATED SERVICES REQUIRES FULL ACCEPTANCE OF THE TERMS AND CONDITIONS BY MEMBERS, INCLUDING THE STIPULATIONS OF ANY NOTICE APPLICABLE TO THE WEBSITE, INCLUDING BY REFERRING LINKS.

BY USING AND ACCESSING THE WEBSITE AND ASSOCIATED SERVICES, THE USER ACKNOWLEDGES THAT HE WAS ABLE TO FULLY BECOME AWARE OF AND HAVE FULLY ACCEPTED THE TERMS AND CONDITIONS.

The Terms and Conditions may be supplemented by special conditions that will be presented in advance to the User for acceptance before access to certain information and services.

ULTRON TECHNOLOGIES INCORPORATED will be able to change the Terms and Conditions at any time. All Internet users are therefore required to refer to the online version at the time of their consultation, a version that will necessarily be in effect at that time.

ARTICLE 1 – DEFINITIONS AND INTERPRETATIONS

Terms and phrases beginning with a capital letter and expressly defined herewith will have the meaning assigned to them in the article or paragraph of the Terms and Conditions where terms and phrases are used for the first time.

The following terms and phrases will have, unless expressly stated to the contrary, the following meaning:

  • “Future revenue transfer agreement” refers to the contracts concluded between the Members and the Project Owners, concluded when you confirm these general terms and conditions and consists of the content of these general terms and conditions,
  • “Counterparty” refers to the rights awarded under the Project in return for Subscriptions,
  • “Personal account ” refers to a Member’s personal space on the Website. This space is accessible only by the referral of login credentials, and allows access to the Services provided by the Company. It also allows the Member to view and modify his or her own personal data,
  • “Member ” refers to the person who is registered in this capacity on the Website,
  • “Organization ” refers to any legal person identified on the Website and legally represented by a natural person registered as a Member,
  • “Project ” refers to any for-profit or non-for-profit initiative carried out by on Organisation and published on the Website,
  • “ Claim ”: refers to a statement noting a Member’s dissatisfaction with ULTRON TECHNOLOGIES INCORPORATED or a Project Owner; a service request, a request for information, clarification or a request for an opinion is not a Claim,
  • “Royalty ” refers to the payments indexed to the project revenues that the Members receive. It is also called “Royalties” in the various content of the Website,
  • ” Service (s) ” refers to one or more of the services offered on the Website,
  • ” Visitor (s) ” refers to the Internet user (s) natural or legal person (s) accessing the Website or reading it but not registering as a Member.

ARTICLE 2 – ACCESS AND REGISTRATION ON THE WEBSITE

2.1 – Access to the Website

Access to the Website is free and allows Visitors and Members to view its editorial content and Projects.

On the other hand, the accessibility of certain information, features and services of the Website is conditional on registration on the Website by creating a Personal Account under the following conditions defined as a Member.

2.2 – Registration

The Website works on the basis of decentralised block chain technology and smart contract technology, the acquisition of the Member's status is automated when the user transfers funds to the appropriate protocol address, with the help of decentralised smart contract technology solutions your funds are automatically attributed to the IP pool distribution. it is up to the user to transfer the funds to the correct address and handle the funds correctly. ULTRON TECHNOLOGIES INCORPORATED does not assume any responsibility in the case of user error in the funds transaction. The contract according to these general conditions is concluded only when the funds are received at the appropriate address.

ARTICLE 3 – WEBSITE FUNCTION

3.1 – General Object

As a multimedia information and communication tool, the Website aims to enable,

To Project Owners:

  • to present and promote to Internet users a Project for which they need funding, regardless of the stage of the Project’s progress,
  • to offer Internet users to support or finance one or more of their Projects,
  • collect Subscriptions to fund their Projects.
  • To enable participation in the copyright of the platform and thus the sharing of royalties among Members.

3.2 – Use

In concrete terms, Project Owners who wish to promote their Projects and obtain funding, submit to ULTRON TECHNOLOGIES INCORPORATED, for publication on the Website, a presentation detailing the nature, objectives, main characteristics and the course of projects that they intend to develop with the support of Members.

In order to be accepted by ULTRON TECHNOLOGIES INCORPORATED for possible promotion on the Website, the Project Owner undertakes to provide clear and precise information for any proposed project: the project description and the proposals for a founding.

The characteristics and parameters of the Project are subject to the prior acceptance of ULTRON TECHNOLOGIES INCORPORATED without any obligation to justify its refusal to open the Website to this Project and without guaranteeing members in any way the success of the Project or the authenticity of the information presented by the project owner. The main purpose of content selection is to verify the coherence and quality of the Project against the elements covered in 3.2 above and is not intended to monitor the viability, feasibility or authenticity of the proposed project.

It is also recalled that any Subscription is not guaranteed and that Members take the risk of losing the money invested.

Once the Project is pre-selected, it is presented on the Website via its Project Page.

It is the responsibility of the project owner to ensure that it has all the necessary rights to publish the Project on the Website and that it is in compliance with all laws and regulations applicable to the design and implementation of the Project concerned. In particular, project owners prohibit themselves from submitting a Project in violation of existing laws and regulations, which may infringe on a person’s human dignity or privacy, or incite or lead to any illegal activity or other activity that would infringe the rights of ULTRON TECHNOLOGIES INCORPORATED, other Members and, more generally, from any third party.

The project owner is fully responsible for the presentation of the Project published on the Website and must ensure, among other things, that this presentation cannot mislead Members.

The Project Owner acknowledges that the provision of misleading, incomplete or erroneous information is liable to liability against ULTRON TECHNOLOGIES INCORPORATED and Members and Internet users and assumes full responsibility for the consequences resulting from any omission or negligence in this regard.

ULTRON TECHNOLOGIES INCORPORATED may discretionarily cancel and remove a Project from the Website if it is found that the project owner is in violating these sites. 

ARTICLE 4 – PAYMENT OF ROYALTIES TO “BigWhale Points” OWNERS

  1. – Royalty

The Project Owner is required to pay a Royalty to ULTRON TECHNOLOGIES INCORPORATED under the terms specified in the agreement on the right to use the Website services. This royalty is distributed to the BigWhale Points holders. The contractual provisions in the copyright agreement, with which the Project owner obtains the right to use BigWhale Launchpad, may be agreed differently from these general terms and conditions for individual projects. In the absence of a different written agreement, the Project Owner is obliged to pay a license fee of 10% of all collected funds through the BigWhale Launchpad platform, and a further 10% of the sale of all further products of the project advertised on the BigWhale Launchpad platform for the use of the platform services.

When publishing an advertised project on the platform, the Project Owner is obliged to define the target of the collected funds. If the target of the collected funds is not reached, the collected funds are returned to the users, and the license fee of 10% of the collected funds shall not be not due.

If you bought a BigWhale Package you own certain amount of “BigWhale Points”. Those points represent your co-ownership of intellectual rights on the Website program code and with this the right to receive proportion of the license fee from the revenue share pool. ULTRON TECHNOLOGIES INCORPORATED offers to BigWhale Points holders a chance to share the ownership of the software intellectual rights of the Website. Since the BigWhale Points owners share the IP rights on the Website, they are entitled to revenue from different Projects launched with the help of BigWhale Launchpad / the Website. With every project launched on the BigWhale Launchpad, 10% of the revenue will be paid for royalties to the BigWhale Points holders proportionally to their total BigWhale Points allocation. By holding BigWhale Points, you acquire an exclusive material right to receive license fee payments, you do not acquire any other material or immaterial rights on the Website intellectual property.

4.2 – Tax obligations

The User acknowledges that the information provided by ULTRON TECHNOLOGIES INCORPORATED does not constitute tax advice and is only indicative information. ULTRON TECHNOLOGIES INCORPORATED cannot be held responsible for the tax consequences related to a Crowdfunding Offer. ULTRON TECHNOLOGIES INCORPORATED recommends that Members and Project Owners consult a tax or legal advisor in order to benefit from advice adapted to their personal situation. It is the responsibility of each Member to verify their eligibility to benefit from tax reductions or tax benefits of any kind on all or part of the Subscriptions made through the intermediation of the Site, in accordance with the applicable regulations.

ULTRON TECHNOLOGIES INCORPORATED does not have the capacity to verify the accuracy of the tax information provided by a Member and cannot be held responsible for their possibly inaccurate, erroneous or incomplete nature.

Any Member wishing to engage in the Website services is informed that the financial returns displayed on the Site do not take into consideration the impact of taxation or social contributions. Any Member is also informed that the interest he is called upon to receive in connection with a Subscription thus remunerated may be subject to deductions or withholding taxes, depending on the applicable tax and social security regime.

The tax and social regime can be modified at any time, ULTRON TECHNOLOGIES INCORPORATED does not undertake any commitment or incur any liability in this respect with the Members or more generally its Members or the Project Owners. 

ARTICLE 5 – SPECIAL CONDITIONS APPLICABLE TO PROJECT OWNERS

The terms of this article apply to all Project Owners as defined at the beginning of these articles.

5.1 – Funding for project revenues (Royalties)

The investments planned by the Project Owner may be in whole or part financed by the Members via a project’s future Revenue transfer agreement.

The Project Owner undertakes to pay the Members a portion of its Revenues, on the terms defined in the Intellectual property license agreement with ULTRON TECHNOLOGIES INCORPORATED.

5.2 – Specific terms of use

Given the necessary credibility of the Website and the editorial line defended by ULTRON TECHNOLOGIES INCORPORATED, we WILL be able to deny access to the Website and Services to Project Owners and/or Projects that would not be recognized by ULTRON TECHNOLOGIES INCORPORATED as corresponding to the criteria of seriousness, responsibilities and innovation necessary. Responsibility is defined as not having undue and uncontrolled adverse consequences on the economic, social and ecological environment.

In addition, a Project can only be submitted by a Project Owner if it meets the ULTRON TECHNOLOGIES INCORPORATED selection criteria, which can be modified at any time.

Similarly, it is up to the Project Owner to animate his Project on the Website and to generate interest in a community of Members.

Indeed, it is restated that the Website is only a technical platform whose use is the responsibility of the Project Owner and that therefore neither the Website nor the Company intervene in the search for Members on behalf of the Project Owner.

In the case of a Private Fundraising on the Website under the specific terms and conditions proposed by ULTRON TECHNOLOGIES INCORPORATED, we reserve the right to suspend or cancel the Fundraising if it is the subject of public disclosure, being understood as public any communication accessible to everyone without restriction of access , such as a publication open on a social network, or an article broadcast by a media outlet.

In addition, if the Project is not published within 6 months of the date the Project Owner has formally agreed to collaborate with ULTRON TECHNOLOGIES INCORPORATED, carried out by filling out an online form, ULTRON TECHNOLOGIES INCORPORATED may consider the Fundraising to be abandoned and re-apply for the application fee to put it online.

5.3 – ULTRON TECHNOLOGIES INCORPORATED compensation by The Project Owner

In return for the use of the service, ULTRON TECHNOLOGIES INCORPORATED will be entitled, if successful, i.e. the minimum funding target defined in advance between the Project Owner and ULTRON TECHNOLOGIES INCORPORATED, to a salary equal to a fraction of the funds raised, defined in a quote, purchase order or service delivery agreement signed or validated via an online form by the Project Owner.

With every project launched on the BigWhale Launchpad, the Project Owner shall allocate 10% of the revenue to ULTRON TECHNOLOGIES INCORPORATED for royalties to the BigWhale Points holders proportionally to their total BigWhale Points allocation. 

This remuneration will be due to ULTRON TECHNOLOGIES INCORPORATED by the project holder regardless of the degree of use by the latter of the services made available by ULTRON TECHNOLOGIES INCORPORATED, and will be subject to VAT at the current rate.

It will be payable to ULTRON TECHNOLOGIES INCORPORATED, on invoices established by ULTRON TECHNOLOGIES INCORPORATED, on the day of the release of the funds raised, by the bank of the project owner or by debit made directly from the funds raised by the project owner on the Website.

Any delay in payment will give rise to the liability of late interest, the rate of which will be equal to that of the legal interest increased by five points, without the need for a prior notice.

Any other specific benefits not provided here and provided by ULTRON TECHNOLOGIES INCORPORATED will be subject to a special agreement and remuneration, under the terms that will be defined by mutual agreement between the parties. In the event of the use of specific benefits on the part of the project owner, ULTRON TECHNOLOGIES INCORPORATED is bound by an obligation of means.

5.4 – Project Owner Responsibility

The acceptance of these special conditions implies the acceptance by the Project Owner of the use of technical tools to facilitate the material realization of the fundraising made available by ULTRON TECHNOLOGIES INCORPORATED. These technical tools, including the Website platform, the online payment service, the electronic signature service, will be used by and under the sole responsibility of the Project Owner who accepts them.

In order to enable ULTRON TECHNOLOGIES INCORPORATED to carry out its missions in good conditions, the Project Owner undertakes to provide it in a timely and spontaneous manner all necessary elements and information of a commercial, technical, financial, administrative or other nature. It will have to guarantee its completeness, perfectly accurate and sincere. The Project Owner is advised that any omission or inaccuracy regarding the data provided to ULTRON TECHNOLOGIES INCORPORATED could significantly affect the quality of the service rendered and could incur liability with respect to ULTRON TECHNOLOGIES INCORPORATED and the Members.

The Project Owner undertakes to give ULTRON TECHNOLOGIES INCORPORATED, in due course, all authorizations and powers to carry out, on its behalf and on its behalf, the material operations necessary to carry out the successful fundraising.

By creating a Project, the Project Owner assures ULTRON TECHNOLOGIES INCORPORATED and Members, for himself and/or his legal representative:

  1. not to have been subject to or not currently subject to bankruptcy proceedings, insolvency, moratorium, controlled management, payment stay, liquidation, reorganization or other similar proceedings generally affecting the rights of creditors;
  2. not have been or not currently be a director, officer or director or have any other management function or significant influence in a company, legal person or other legal entity that has been or is the subject of bankruptcy, insolvency, moratorium, controlled management, suspension of payment, judicial liquidation, reorganization or any other similar procedure generally affecting the rights of creditors, or which has had or currently has a significant influence on a company that is the subject of such proceedings;
  3. never have had a criminal record concerning his activity, not have been the subject of a criminal investigation or criminal proceedings, arrest warrant, surrender proceedings between States or have been the subject of preventive detention, imprisonment, a criminal fine or other criminal sanction and not have been the subject of a civil or administrative procedure concerning his activity and not have been the subject of disciplinary measures concerning its activity (including disqualification as a director of a company or in the context of bankruptcy, insolvency proceedings or similar measures) or is not currently the subject of investigations, proceedings or measures described above;
  4. have not been submitted or are currently subject to investigations or enforcement procedures or sanctions by a supervisory authority;
  5. not to have suffered a refusal or withdrawal of registration, authorization, membership or license to exercise an activity, a trade or a profession, not to have been the object of a withdrawal, a revocation or a termination of a registration, authorization, membership or license, not having been the subject of a removal order by a regulatory or administrative body;
  6. not having been dismissed from a job or position of trust, a fiduciary relationship or a similar situation and not being encouraged to resign from a job in such a position (serious alleged breach of contractual obligations);
  7. be covered by an insurance policy covering all risks arising from its activity.

By committing to the above items, the Project Owner undertakes to notify ULTRON TECHNOLOGIES INCORPORATED without delay in case some of these elements are changed in the future.

Similarly, the Project Owner undertakes to act with ULTRON TECHNOLOGIES INCORPORATED in an open and fair manner, and to appropriately and actively transmit to IT any information that it can reasonably expect to be communicated to it for the purposes of the Members’ information.

The Project Owner also undertakes to include in all communications to potential Members that would mention a financial return or return on investment a message informing of the risk of loss induced by the Subscription.

ULTRON TECHNOLOGIES INCORPORATED reserves the right to suspend or cancel the Fundraising conducted by a Project Owner who does not comply with these commitments.

5.5 – Commitment of the Project Owner if its Fundraising is successful

The Project Owner is committed to fulfilling all of its obligations to the Members, including completing the Project as defined in the Project to Be Financed and to paying them for the Counterparties described in the Project to Be Financed.

Project Owners undertake not to propose or provide an unlawful Counterparty, including a racist, discriminatory, defamatory, abusive, xenophobic, inciting violence, violating the image of third parties, violating public order, violating laws, violating professional secrecy, property and the right of trademarks, patents or any other intellectual or industrial creation belonging to third parties. , dangerous or falsified.

In the event that the Project Owner cannot compensate the Members for the Agreed Counterparties, it expressly undertakes to reimburse them in full.

The Project Owner expressly acknowledges that he is solely responsible for the accounting, tax and social treatment related to the Project and in particular to subscriptions.

ULTRON TECHNOLOGIES INCORPORATED is not responsible for the Project Owner, which remains solely responsible for the terms and obligations that bind it with the Members in the collection of Subscriptions.

The Project Owners are solely responsible for the collection of the Subscriptions they organize and the possible Counterparties they propose as part of the Projects presented on the Website.

Therefore, any risk involved in the development and progress of a Project, as well as any postponements and cancellations, are fully supported by The Project Owners.

The Project Owners may arrange refunds under the terms of the contracts that bind them to the Members. ULTRON TECHNOLOGIES INCORPORATED is not responsible for refunds that take place or not on subscription collections.

In accepting these, the Member states that the source of the funds used by him in connection with a Subscription is not illegal and undertakes not to use it for illegal or fraudulent activity, including money laundering.

In addition, the Member will not be able to seek responsibility of ULTRON TECHNOLOGIES INCORPORATED in the event of a failure of the Project Owner or a breach by the Latter-de-owner of its obligations.

5.6 – Secret Professional and Project Information

ULTRON TECHNOLOGIES INCORPORATED will not be able to make use of the information transmitted by the Project Owner other than as part of the mission entrusted to it. ULTRON TECHNOLOGIES INCORPORATED will not be able to pass them on to third parties without the Project Owner’s permission. The Project Owner already authorizes ULTRON TECHNOLOGIES INCORPORATED to have all the information and documents about the project to be put online on the computer platform and about the project to be financed, as well as all the information and documents that will be useful and necessary to carry out the fundraising.

5.7 – Promotion on and off the Website

Notwithstanding the terms of Article 5.6 of these articles, the Project Owner herein agrees that the content and information provided should be freely exploited by ULTRON TECHNOLOGIES INCORPORATED as part of the operation of the Website and associated services.

Thus, the Project Owner and ULTRON TECHNOLOGIES INCORPORATED grant each other free of charge, for the whole world and for the duration during which the Project Owner is registered as such on the Website and for 10 years following the date of the first presentation of the Project on the Website, the rights as specified below, in order to allow themselves to operate the Service or to promote the Website, in the form of broadcast on the Internet, on mobile phone networks and/or on any other current network of communication open to the public.

As such, the Project Owner and ULTRON TECHNOLOGIES INCORPORATED grant each other the right, including:

  • Use their name and the name and characteristics of the Project as part of the communication and promotion of the Website;
  • the right to reproduce the content and information provided on the Website on any network, by any process, in any known or unknown form, in association or not with other works of any kind as long as these exploitations are carried out in connection with the promotion of the Project;
  • represent or have all or part of the Project’s content represented.

The Project Owner and ULTRON TECHNOLOGIES INCORPORATED also expressly authorize themselves to promote and/or advertise the Project, and to broadcast with content, advertising, commercial and/or promotional messages relating to third-party products or services.

The Project Owner also expressly accepts that the content and information provided will be exploited on the Website with the presence of trademarks or logos of ULTRON TECHNOLOGIES INCORPORATED partners.

ARTICLE 6 – CONDITIONS FOR MESSAGE DELIVERY SERVICES

The Member or Project Owner refrains from posting any content that may mislead other members of the Website, or constitute a false statement. It alone incurs its responsibility to other Members for the harm suffered by other Members because of the inaccurate or misleading nature of such content.

The Member or Project Owner must ensure that he or she owns the rights, including intellectual property necessary for the publication of the content he distributes.

ULTRON TECHNOLOGIES INCORPORATED disclaims any liability resulting from the possible violation of the rights of third parties.

Members or Project Owners are solely responsible for the content they post on forums and comment spaces and undertake that published information will not violate existing legal or regulatory provisions. In particular, the Member or Project Owner refrains from posting any content that is obviously or potentially illegal, regardless of the medium (sounds, texts, images, videos, etc.).

ULTRON TECHNOLOGIES INCORPORATED does not exercise upstream moderation on messages and content posted online by Members or Project Owners, or to which the Website is likely to refer. 

Any Member or Project Owner must report to ULTRON TECHNOLOGIES INCORPORATED any illegal or illegal content by email.

ULTRON TECHNOLOGIES INCORPORATED reserves the possibility of immediately removing, without prior notification and without compensation, any illegal or manifestly illegal content of which it has been aware, as well as the Personal Account of any Member who has published the illegal content.

ARTICLE 7 – POLICY FOR COLLECTING, PROCESSING AND PROTECTING PERSONAL DATA

The Member knows and acknowledges that he or she is required to provide information about him when he registers on the Website.

This article describes the personal data protection policy (the “Policy”) and describes the commitments implemented by ULTRON TECHNOLOGIES INCORPORATED as a processing manager to ensure compliance with the Member’s personal data. 

7.1 – Data collected and processed

ULTRON TECHNOLOGIES INCORPORATED collects several types of data through its various online services:

  • identification data (first name, surname, date and place of birth, etc.);
  • contact information (phone number, postal and electronic addresses, etc.);
  • transaction data (subscriptions, transfers, CB payments, abounding and withdrawals from the ULTRON TECHNOLOGIES INCORPORATED Account or payment service provider, for example, bank details, etc.);
  • for professionals and social agents of financed companies, tax data, (tax residency country, tax identification number, etc.);
  • Data about the Member’s online behaviour and preferences when browsing the Website or on third-party sites or login data;
  • Member exchanges with ULTRON TECHNOLOGIES INCORPORATED (chat, emails, etc.);
  • one or more photographs,
  • one or more voice announcements, or videos,
  • interests,
  • data obtained with the Member’s consent and/or collected in accordance with what the regulations permit or require.

All of this data is usually obtained directly from the Member, whether by phone, chat or Internet. ULTRON TECHNOLOGIES INCORPORATED may, however, be required to process data obtained from third-party agencies, in order to meet its regulatory obligations or with the Member’s consent in the use of certain services.

The communication and processing of the data requested by ULTRON TECHNOLOGIES INCORPORATED is essential to the provision of ULTRON TECHNOLOGIES INCORPORATED products and services and/or to compliance with the legal and regulatory requirements to which ULTRON TECHNOLOGIES INCORPORATED is subject. Apart from these cases, ULTRON TECHNOLOGIES INCORPORATED does not collect any data without the Member’s prior consent.

Finally, ULTRON TECHNOLOGIES INCORPORATED automatically collects certain information about the type of browser and login equipment used (computer, mobile device) by Members for the purpose of administering its systems, combating fraud, maintaining the quality of services and providing general statistics on their use.

The Project Owner recognizes and accepts the possibility of implanting cookies into his computer in order to record any information relating to the navigation of his computer on the Website. Cookies are data that does not contain any personal information and is sent via the server to the hard drive of the Member’s or Project Owner’s computer. The role of cookies is to identify the Member or Project Owner more quickly when they log in. The Member or Project Owner is informed of its ability to object to the registration of cookies by setting up their browser accordingly. However, the use of the Website may therefore be disrupted.

7.2 – Data Processing Purposes

The treatments performed by ULTRON TECHNOLOGIES INCORPORATED serve a purpose based on compliance with a legal or regulatory obligation, the execution of a contract, the consent for services allowing the synchronization of external documents or the legitimate interest in commercial exploration. For example, ULTRON TECHNOLOGIES INCORPORATED is required to process the data for the following reasons:

  • Managing the customer relationship
  • Providing subscribed products and services;
  • Providing services using data synchronization
  • management, study and publishing of financing offer in the form of the transfer of future revenues in the form of royalties;
  • compliance with legal and regulatory obligations;
  • anti-fraud;
  • security of computer networks and transactions;
  • establishing evidence of transactions and conventions;
  • debt collection and disposal, payment incident management;
  • personalised offers and business proposals;
  • for professionals and social agents of funded companies, communication and communication relay about the identity of the staff involved in the fundraising project.

7.3. Recipients of the data

ULTRON TECHNOLOGIES INCORPORATED may be required to provide certain member data to public authorities when requested, or as part of its regulatory or legal obligations. ULTRON TECHNOLOGIES INCORPORATED is likely to disclose the member’s personal data to its technical providers, partners, insurance brokers or legal entities of its Group whose intervention is necessary to achieve one of the aforementioned purposes.

The providers and partners involved are:

  • payment service provider, 
  • tax authorities;
  • for professionals and social agents of funded companies, online payment providers;
  • for people investing in financed companies, financed companies;

For any provider mentioned here, these communications will be the subject of e-mail information.

7.4 – Data security

All precautions have been taken on databases to archive information from Members or Project Owners in a secure environment. Only certain employees of ULTRON TECHNOLOGIES INCORPORATED or any other company mandated by ULTRON TECHNOLOGIES INCORPORATED or belonging to the same Group have access to this information, which is only available to them when needed. The personal information provided by the Member or Project Owner at the time of registration does not constitute an advertisement accessible to third parties, nor transmitted, sold or exchanged, except in the cases referred to below and subject to its prior information and prior consent, or in the absence of opposition on its part.

7.5 – Time and data retention

To ensure the proper processing of financial transactions, Members’ personal data must be kept and updated regularly for the duration of a Future revenue transfer agreement.

In order to meet legal and/or regulatory obligations and/or to respond to requests from the authorities authorized to request it, Members’ personal data will be retained beyond the date of their last royalty payment for a period of 5 years.

Finally, some data may be stored and anonymized for use for statistical purposes.

7.6 – Members’ Rights

In accordance with the General Data Protection Regulations, the Member has the right to access, correct, erase, limit the processing, the portability of his data and define the fate of his data after his death. These rights may be exercised within the conditions and limits of the existing regulations.

The Member can exercise his rights by using the means made available on the Website, including in his personal space as well as contact the ULTRON TECHNOLOGIES INCORPORATED data protection officer by e-mail.

In the event that ULTRON TECHNOLOGIES INCORPORATED is informed of the death of a Member, certified by a death notice, it will contact the person mentioned in the scope provided for this purpose in the parameters of its Personal Account by that Member, provided that the Member has properly informed the first name, last name, email address and telephone number of the person to be contacted. If ULTRON TECHNOLOGIES INCORPORATED manages to contact this person within 3 months, they will give them access to the deceased Member’s account. Otherwise, ULTRON TECHNOLOGIES INCORPORATED may delete the member’s account.

7.7 – Data privacy

ULTRON TECHNOLOGIES INCORPORATED is a crowdfunding platform, it is subject to professional secrecy. ULTRON TECHNOLOGIES INCORPORATED is committed to implementing all means to ensure the security and confidentiality of the information entrusted to it.

7.8 – Consent to data collection

Whenever personal information is collected, ULTRON TECHNOLOGIES INCORPORATED strives to include a link leading to this Policy. ULTRON TECHNOLOGIES INCORPORATED is likely to change this Policy. The current version is available on the Website and ULTRON TECHNOLOGIES INCORPORATED will notify the Member of any changes through the Website or any other means.

ARTICLE 8 – RESPONSIBILITIES

8.1 – Access to the Website

To use the Services, the Member or Project Owner must have the equipment, software and parameters necessary for the Website to function properly. The Member or Project Owner must have the skills, hardware and software required for internet use. The Member or Project Owner states that he or she is fully aware of the characteristics and constraints of the Internet.

The Member or Project Owner recognizes that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of data transmissions while they are circulating on the Internet. The Member or Project Owner therefore communicates them at his or her peril.

ULTRON TECHNOLOGIES INCORPORATED cannot be held responsible for any incidents that may result from this transmission. In any event, the Member or Project Owner expressly acknowledges and agrees to use the Website at its own risk and under its sole responsibility.

Given the specifics of the Internet network, ULTRON TECHNOLOGIES INCORPORATED offers no guarantee of continuity of the Service, being required in this regard only by an obligation of means.

ULTRON TECHNOLOGIES INCORPORATED cannot be liable for damages related to the temporary inability to access any of the Services offered by the Website.

Any delay, suspension or cancellation in the broadcast of the Project due in particular to technical failures inherent in the operation of the Internet network, outside ULTRON TECHNOLOGIES INCORPORATED and beyond its control, cannot justify a refusal of payment of any kind from the Project Owner, nor can it be entitled to compensation of any kind and in any form.

ULTRON TECHNOLOGIES INCORPORATED cannot be held responsible for non-operation, inability to access, or poor conditions of use of the Website due to unsuitable equipment, internal malfunctions of the Member’s or Project Owner’s internet service provider, in the event of misuse of the Website or Services by the Member or Project Owner or the congestion of the Internet network in particular.

ULTRON TECHNOLOGIES INCORPORATED disclaims any liability for any damage or loss related to the use or inability to use the Website or its content, except as stipulated by law.

8.2 – Website Changes

The Website may be subject to changes.

Also, all information contained on the Website is subject to change at any time, given the interactivity of the Website, without this being the responsibility of ULTRON TECHNOLOGIES INCORPORATED.

ULTRON TECHNOLOGIES INCORPORATED has an obligation of means for the provision of services. It thus absolves itself of any liability for any unavailability, suspension or interruption of the Website or Services that may occur in the context of maintenance operations, equipment or software upgrades, emergency repairs of the Website or due to circumstances beyond its control (for example, but without this list being limiting, in case of technical damage or failure of telecommunications links and equipment).

ULTRON TECHNOLOGIES INCORPORATED strives to take appropriate measures to limit these disruptions to the extent that they are attributable to ULTRON TECHNOLOGIES INCORPORATED.

8.3 – Information provided by Members

The information provided by a Member or Project Owner must be sincere, accurate and in line with reality. The consequences of their disclosure on the lives and/or those of other Members or Project Owners are the exclusive responsibility of the Member or Project Owner concerned.

It is recalled that the Member or Project Owner takes the initiative to disclose and disseminate information, data, texts, content, photos, videos about the Website. Therefore, the Member or Project Owner assumes full responsibility and renounces any recourse against ULTRON TECHNOLOGIES INCORPORATED, in particular on the basis of the infringement of his right to the image, his honour, his reputation, the privacy of his privacy, resulting from the dissemination or disclosure of information concerning him.

ULTRON TECHNOLOGIES INCORPORATED does not guarantee that the information presented is detailed, complete, verified or accurate. Documents, information, fact sheets, and, in general, any content present on the Website are provided in “the state” with no express or tacit guarantee of any kind.

ULTRON TECHNOLOGIES INCORPORATED cannot be held responsible for the inaccuracy of the information and content provided by other Members or Project Owners, Site Visitors and/or the Member or Project Owner himself.

In addition, ULTRON TECHNOLOGIES INCORPORATED may not be held responsible for content broadcast by a Member or Project Owner that may violate the rights of one or more other Members or Project Owners or third parties.

Members or Project Owners expressly acknowledge and accept that ULTRON TECHNOLOGIES INCORPORATED cannot in any way be held responsible for the Projects, including their presentation, conduct, delays or cancellations, or not the granting of Counterparties.

ULTRON TECHNOLOGIES INCORPORATED is not responsible for the actions or omissions of Project Owners who remain solely responsible for the full terms and conditions of the Project to Be Financed vis-à-vis Members and Members in particular.

Members must therefore address all questions or complaints to Project Owners only.

The Project Owner guarantees and undertakes to compensate ULTRON TECHNOLOGIES INCORPORATED against any damage suffered by ULTRON TECHNOLOGIES INCORPORATED , as well as to protect it from any liability action that would be brought against it by a Member or, more generally, by a third party, for the violation of any right resulting from the publication and implementation of the Project on the Site.

Similarly, ULTRON TECHNOLOGIES INCORPORATED does not provide any duty of advice in these cases. Also, ULTRON TECHNOLOGIES INCORPORATED cannot in any way be held responsible for the consequences of Subscriptions. In particular, ULTRON TECHNOLOGIES INCORPORATED intervenes only in a limited way with Project Owners in order to assist them in the presentation and promotion of their projects.

ULTRON TECHNOLOGIES INCORPORATED is not liable in the event of a dispute between Members and/or Visitors and/or Project Owners.

The Website contains links to third-party websites.

Related sites are not under the control of ULTRON TECHNOLOGIES INCORPORATED, and ULTRON TECHNOLOGIES INCORPORATED is not responsible for the content of these related sites. ULTRON TECHNOLOGIES INCORPORATED provides these links for convenience and a link does not imply that ULTRON TECHNOLOGIES INCORPORATED sponsors or recommends the linked Website in question or that ULTRON TECHNOLOGIES INCORPORATED is affiliated with it.

Related sites are owned and operated by independent resellers or service providers and, as a result, ULTRON TECHNOLOGIES INCORPORATED cannot guarantee that the Member or Project Owner is satisfied with their products, services or business practices.

It is the responsibility of the Member or Project Owner to make any checks that they believe are necessary or timely before proceeding with any transaction with any of these third parties.

8.4 – No conflicts of interest

ULTRON TECHNOLOGIES INCORPORATED ensures that there is no situation of potential conflict of interest with regard to Projects seeking funding, involving a manager, employee or close to them.

An officer or collaborator of ULTRON TECHNOLOGIES INCORPORATED is authorized to contribute on his own behalf to the financing of a Project on the same terms as any Member.

8.5 – Force Majeure

ULTRON TECHNOLOGIES INCORPORATED’s liability cannot be sought if the performance of one of its obligations is prevented or delayed due to a case of force majeure as defined by the jurisprudence of the French Courts.

ARTICLE 9 – INTELLECTUAL PROPERTY

9.1 – Content broadcast by ULTRON TECHNOLOGIES INCORPORATED 

Brands and derivative logos are the intellectual property of ULTRON TECHNOLOGIES INCORPORATED.

More generally, all intellectual property rights, heritage and moral, relating to the content and information of the Website belong to ULTRON TECHNOLOGIES INCORPORATED, subject to any property rights that may belong to a third party and for which ULTRON TECHNOLOGIES INCORPORATED has obtained the necessary assignments of rights or authorizations.

The Rights conferred on the Member for the use of the Website and Services provided by ULTRON TECHNOLOGIES INCORPORATED do not carry any assignment or authorization to operate or use any of the Website’s elements.

All elements of intellectual property, including trademarks, drawings, texts, hyperlinks, logos, images, video, sound elements, software, layout, databases, codes… Etc. content on the Website and in associated sites are protected by national and international intellectual property law.

They remain the exclusive property of ULTRON TECHNOLOGIES INCORPORATED and/or its partners.

ULTRON TECHNOLOGIES INCORPORATED reserves the possibility of taking any legal avenues against those who have not complied with this prohibition.

9.1 – BIGWHALE LAOUNCHPAD PROGRAM CODE 

If you bought a BigWhale Package you own certain amount of “BigWhale Points”. Those points represent your co-ownership of intellectual rights on the Website program code and with this the right to receive proportion of the license fee from the revenue share pool. 

By holding BigWhale Points, you acquire an exclusive material right to receive license fee payments, you do not acquire any other material or immaterial rights on the Website intellectual property.

ARTICLE 10 – SUSPENSION AND INTERRUPTION OF SERVICES

Without any obligation to verify the content, accuracy or consistency of the Insertion, ULTRON TECHNOLOGIES INCORPORATED reserves the right to refuse or remove the Insertion of a Project.

ULTRON TECHNOLOGIES INCORPORATED is free to remove or modify, before or after its broadcast, any content on the Website that is not related to the content normally expected, the editorial line of the Website or disrespectful of the laws and regulations in force.

To this end, ULTRON TECHNOLOGIES INCORPORATED is entitled to carry out electronic surveillance to identify content at issue and to take sanctions against its author, including its exclusion.

ULTRON TECHNOLOGIES INCORPORATED reserves the option of suspending or limiting access to the Services underwritten by the Member or Project Owner after informing the person concerned by any means in the event of non-performance by the Member or Project Owner of one of its obligations under the Terms and Conditions.

Thus, without prejudice to the provisions of Article 12 of these, in the event of a breach by a Member or Project Owner of any of its obligations, ULTRON TECHNOLOGIES INCORPORATED reserves the right to block any Project or content of the Member concerned, to delete messages or content of any kind, to prevent the publication of all or part of the Project, and/or to block its access to all or part of the Services, temporarily or permanently, without consideration or reimbursement and without prejudice to any remedies that may be exercised against the Member or Project Owner.

In the event of a suspension and whatever the cause, ULTRON TECHNOLOGIES INCORPORATED reserves the right not to reimburse, as a criminal clause, all or part of the amounts credited and which it deems necessary to repair the damage whatever its nature, which it would eventually have suffered.

ARTICLE 11 – TERM AND TERMINATION

11.1 – Duration of relationship with ULTRON TECHNOLOGIES INCORPORATED 

The Terms and Conditions apply for the duration of the Site’s use and until the Personal Account closes for any reason.

11.2 – Personal Account Termination

The Member or Project Owner may request the termination of his Personal Account at any time, by email addressed to ULTRON TECHNOLOGIES INCORPORATED, Termination Service, at the address of the head office of ULTRON TECHNOLOGIES INCORPORATED indicated in the legal mentions at the beginning of this document, or using the means proposed on the Website (account deletion function).

11.3 – Termination of Terms and Conditions

The Terms and Conditions may be terminated by ULTRON TECHNOLOGIES INCORPORATED with one (1) month’s notice.

11.4 – Termination for non-compliance with these

In addition, in the event of non-performance or non-compliance by the Member or Project Owner of any of the obligations and stipulations provided here, ULTRON TECHNOLOGIES INCORPORATED may modify, suspend, limit or remove access to the Website within fifteen (15) days of a formal notice addressed to the Member or Project Owner that has not remained unsuccessful, without the latter being able to claim any compensation , without prejudice to the damages that ULTRON TECHNOLOGIES INCORPORATED would be entitled to claim to repair the damage suffered.

In the event of a serious breach of any of the provisions of the Terms and Conditions, ULTRON TECHNOLOGIES INCORPORATED will be justified in terminating the Member’s Personal Account or Project Owner without notice or notice, without any compensation and without prejudice to the damages that ULTRON TECHNOLOGIES INCORPORATED would be entitled to claim to repair the damage suffered.

11.5 – Inactive account

In the event that a Personal Account created for at least twelve months that is not linked to a Project justifying having to pay or receive Royalties, either because it has not made any Subscription, or because it has ceased to produce effects, or if the holder of the Personal Account has not filed a Project to Finance that has actually benefited from Subscription , this Personal Account will be subject to a management fee by ULTRON TECHNOLOGIES INCORPORATED of ten euros per quarter.

If the balance of the Personal Account Electronic Currency Gate is zero, ULTRON TECHNOLOGIES INCORPORATED will have the option to cancel it after one month’s notice, notified by e-mail.

If, in accordance with its own Terms of Use, the Payment Services Provider is to terminate the User’s Account with its services, ULTRON TECHNOLOGIES INCORPORATED will have the right to terminate the Personal Account, after one month’s notice, notified by e-mail.

ARTICLE 12 – APPLICABLE LAW AND LITIGATION

12.1 – Correspondence and Proof

Connections between ULTRON TECHNOLOGIES INCORPORATED and Members or Project Owners are essentially provided by e-mail. Member or Project Owner recognizes and accepts that the information issued by ULTRON TECHNOLOGIES INCORPORATED by email and on the Site is authentic between the parties and receives the same probative force as a handwritten author.

12.2 – Notifications

Unless expressly stated to the contrary, notifications between the parties here are made by email.

Notifications are deemed to have arrived 24 hours after sending the email, unless the sender is notified of the invalid email address.

12.3 – Applicable law

Express agreement between the parties, the Terms and Conditions and the resulting transactions are governed by laws of English Law.

They are written in English. In the event that they are translated into one or more languages, only the English text would be authentic in the event of a dispute.

12.4. – Claims and litigation management

In the event of difficulty or dispute between the parties in the interpretation, execution or termination of the Terms and Conditions, the parties must endeavour to resolve it as best they can and agree to seek an amicable solution in the spirit of the Terms and Conditions.

In the event of a dispute, the Member can submit a written Claim to ULTRON TECHNOLOGIES INCORPORATED Customer Service by email indicated in the legal mentions at the beginning of this document.

If the Member is not satisfied with the response provided by the Customer Service of ULTRON TECHNOLOGIES INCORPORATED or if there is no response within 2 months, he can refer the matter to the arbitration, second level disputes are resolved by binding arbitration in accordance with the Rules of the Arbitration of the International Chamber of Commerce. The arbitration will be heard and determined by a three-member panel, with one member selected by each party and the third (who will chair the panel) selected by the two party-appointed members. The place of arbitration shall be Dubaj, UAE, the proceeding shall be in English Language. The arbitration panel, as applicable, will apply Laws of English Law and the provisions of these Terms, will determine any dispute according to the Laws of English Law and facts based upon the record and no other basis, and will issue a reasoned award.

12.5 – Divisibility

In the event that one or more stipulations contained in the Terms and Conditions are declared null and void, the validity of the other stipulations herewith is in no way affected.

The stipulations declared null and void will, in accordance with the spirit and purpose of these, be replaced by other valid stipulations, which, given their scope, are as close as possible by law to the stipulations declared null and void.

12.6 – Waiver

The fact that ULTRON TECHNOLOGIES INCORPORATED does not avail itself, at one time or another, of any of the provisions of the Terms and Conditions cannot be construed as being worth waiving by ULTRON TECHNOLOGIES INCORPORATED to avail itself of it at a later date.

12.7 – Disposal/Substitution

ULTRON TECHNOLOGIES INCORPORATED reserves the right to grant to any third party of its choice all or part of its rights, obligations and data under the Terms and Conditions or to substitute any third party for the performance of these, for free or expensive, provided that the taker undertakes to take up the terms of these in his relationship with The Members. , which the Member or Project Owner accepts unreservedly.

12.8 – Continuation of contractual relations

In the event that ULTRON TECHNOLOGIES INCORPORATED is no longer in operation or in the event that the Website is no longer operational, the contractual relationships established between the Project Owner and the Member through the platform would not be affected, and it will be up to the Project Owner to implement the means necessary to meet these obligations.

It is specified that ULTRON TECHNOLOGIES INCORPORATED has entered into an extinguishing management contract with its payment service provider, in the event that it is no longer in a position to continue to carry out its activities.

12.9 – Late interest and penalties

In cases where a Project Owner uses a ULTRON TECHNOLOGIES INCORPORATED service, whether it is a service on the Website or a service incident to a Fundraising, in the event of a payment delay of more than one month, ULTRON TECHNOLOGIES INCORPORATED may require late penalties at the rate of three times the statutory interest rate.