Terms of Service

These terms govern your use of Auxeira's platform and services. Please read them carefully before using our services.

Last Updated: January 25, 2025

Effective Date: January 25, 2025

Table of Contents

1. Acceptance of Terms

By accessing or using Auxeira's website, platform, or services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, then you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service, including but not limited to startup founders, investors, corporate partners, and development finance institutions.

By using our Service, you represent that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

2. Description of Service

Auxeira operates the Startup Success Engine (SSE), a behavioral economics-driven platform designed to reduce startup failure rates through intelligent incentive systems. Our Service includes:

Core Services:

  • • Startup health assessment and monitoring across four key areas: Market Access, Management, Funding, and Operations
  • • Evidence-based KPI tracking and benchmarking against industry standards
  • • Behavioral incentive systems including rewards, recognition, and tier progression
  • • Investor dashboard and portfolio monitoring tools
  • • Partnership marketplace connecting startups with corporate partners and service providers
  • • Research and analytics on startup success factors and failure prevention

The Service is provided on an "as is" and "as available" basis. We reserve the right to modify, suspend, or discontinue the Service at any time without notice.

3. Eligibility

You must be at least 18 years old to use this Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

If you are using the Service on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms.

Startup Eligibility for Pilot Program:

  • • Early-stage startups (typically pre-Series A)
  • • Committed to improving business health metrics
  • • Willing to provide monthly progress updates
  • • Based in target markets (US, EU, Africa, Southeast Asia)
  • • Not engaged in illegal, harmful, or unethical business practices

4. User Accounts

When you create an account with us, you must provide information that is accurate, complete, and current at all times. You are responsible for safeguarding the password and for all activities that occur under your account.

You agree not to disclose your password to any third party and to take sole responsibility for activities and actions under your password, whether or not you have authorized such activities.

You must immediately notify us of any unauthorized use of your account or any other breach of security.

Account Termination:

We reserve the right to terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

5. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

Prohibited Activities:

  • • To violate any applicable local, state, national, or international law or regulation
  • • To transmit or procure the sending of any advertising or promotional material without our prior written consent
  • • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
  • • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service
  • • To use the Service in any manner that could disable, overburden, damage, or impair the Service
  • • To use any robot, spider, or other automatic device to access the Service for any purpose without our express written permission
  • • To introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
  • • To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service

6. Intellectual Property Rights

The Service and its original content, features, and functionality are and will remain the exclusive property of Auxeira and its licensors. The Service is protected by copyright, trademark, and other laws.

Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

User Content:

You retain ownership of any intellectual property rights that you hold in content you submit to us ("User Content"). However, by submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute such content in connection with the Service.

You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the above license.

7. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information when you use our Service. By using our Service, you agree to the collection and use of information in accordance with our Privacy Policy.

Data Processing:

  • • We process personal data in accordance with applicable data protection laws, including GDPR and CCPA
  • • We implement appropriate technical and organizational measures to protect your data
  • • We do not sell your personal data to third parties
  • • You have rights regarding your personal data, including access, rectification, and deletion

For detailed information about our data practices, please review our Privacy Policy, which is incorporated into these Terms by reference.

8. Payment Terms

Certain aspects of the Service may be provided for a fee. You agree to pay all fees associated with your use of such paid services.

Pricing Tiers:

  • For Startups: Free (basic monitoring), Growth ($10/month), Scale ($25/month)
  • For Investors: Portfolio ($20/startup/month), Enterprise (custom pricing)
  • For Partners: Commission-based (10% of redeemed cashback)

All fees are non-refundable unless otherwise stated. We reserve the right to change our pricing at any time, with 30 days' notice to existing users.

If you fail to pay any fees when due, we may suspend or terminate your access to the paid services.

9. Pilot Program Terms

Our pilot program is limited to 500 startups and is provided free of charge during the pilot period. Participation in the pilot program is subject to additional terms and conditions.

Pilot Program Commitments:

  • • Provide accurate and timely data for health assessments
  • • Submit monthly progress updates as requested
  • • Participate in feedback sessions and surveys
  • • Allow us to use anonymized data for research purposes
  • • Comply with all platform guidelines and best practices

We reserve the right to remove participants from the pilot program if they fail to meet these commitments or violate these Terms.

Pilot program participants may be transitioned to paid plans upon completion of the pilot period.

10. Rewards and Incentives

Our rewards system is designed to incentivize positive startup behaviors and milestone achievements. Rewards may include cash payments, discounts, and other benefits.

Reward Terms:

  • • Rewards are earned based on verified milestone completion and KPI improvements
  • • We reserve the right to verify all claims and may request supporting documentation
  • • Rewards may be subject to minimum thresholds and redemption requirements
  • • Fraudulent claims or gaming of the system will result in immediate account termination
  • • Rewards have no cash value beyond their stated redemption value
  • • We reserve the right to modify or discontinue the rewards program at any time

Tax implications of rewards are the responsibility of the recipient. We recommend consulting with a tax professional regarding the treatment of rewards in your jurisdiction.

11. Disclaimers

THE INFORMATION ON THIS SERVICE IS PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, AUXEIRA EXCLUDES ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS.

Important Disclaimers:

  • • We do not guarantee startup success or failure prevention
  • • Our assessments and recommendations are based on general principles and may not apply to all situations
  • • We are not providing financial, legal, or business advice
  • • Past performance does not guarantee future results
  • • The Service may contain inaccuracies or errors
  • • We do not warrant that the Service will be uninterrupted or error-free

You acknowledge that you use the Service at your own risk and that you should consult with appropriate professionals before making business decisions.

12. Limitation of Liability

IN NO EVENT SHALL AUXEIRA, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

Note: Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.

13. Indemnification

You agree to defend, indemnify, and hold harmless Auxeira and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees).

This indemnification obligation applies to claims arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party.

14. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.

Effect of Termination:

  • • Your right to use the Service will cease immediately
  • • We may delete your account and all associated data
  • • Outstanding payment obligations will remain in effect
  • • Provisions that should survive termination will remain in effect

15. Governing Law and Jurisdiction

These Terms shall be interpreted and governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

16. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.

What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.

Notification: We will notify users of material changes via email, platform notifications, or by posting a notice on our website.

17. Contact Information

If you have any questions about these Terms of Service, please contact us:

General Inquiries

Email: legal@auxeira.com

Website: auxeira.com

Legal Department

Email: terms@auxeira.com

Response Time: 5-7 business days

We will make every effort to respond to your inquiry within 5-7 business days.

By using Auxeira's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.