1.1 These General Terms and Conditions (GTC) apply to all services offered by honestmonday AG, CHE-471.818.200, Hinterer Schermen 29, 3063 Ittigen, (hereinafter referred to as HONESTMONDAY) and shall apply for the entire duration of use of this service. By using these services, users and visitors to the honestmonday.ch website in particular accept the following conditions.
1.2 HONESTMONDAY operates the websites honestmonday.ch and my.honestmonday.ch, which, on the one hand, enable natural persons and legal entities to create a business plan as a start-up or SME (hereinafter referred to as Company) and, on the other hand, enable registered investors (hereinafter referred to as Investors) to find suitable investments according to their own criteria by means of an intelligent matchmaking function.
1.3 Visually visible sponsors and third parties on honestmonday.ch are referred to as Partner:in. These GTC also apply to partners and visitors to the honestmonday.ch website. In the following, users are understood to be all registered persons (in particular companies, investors and partners).
1.4 Entrepreneurs, investors and partners who log in must be natural or legal persons with full capacity to act. Minors require the written consent of their legal representatives. Services for which registration with honestmonday.ch is required shall become legally effective as soon as users have successfully registered with honestmonday.ch or my.honestmonday.ch and confirmation has been received from HONESTMONDAY.
1.5 These GTC apply within the scope of all contractual relationships with HONESTMONDAY and in connection with the use of the my.honestmonday.ch platform, even if these are not expressly mentioned again when using other services.
1.6 These GTC are an integral part of all contracts, offers and order confirmations of HONESTMONDAY. By placing an order and/or creating an ACCOUNT or a registration, the user simultaneously acknowledges and accepts these GTC and declares to have read and understood the GTC in their entirety. Deviating, conflicting or supplementary GTC shall not become part of the contract unless their validity is expressly agreed in writing in individual cases. In such a case, the burden of proof lies with the user.
2.1 The use of the honestmonday.ch platform by companies and investors is only possible with registration/ACCOUNT. HONESTMONDAY shall set up an account for each user on their behalf. Each user must always have internet access.
2.2 The company creates a business plan with the help of the platform. The my.honestmonday.ch platform offers automated and intelligent functions for this purpose. The companies are solely responsible for the accuracy of the content of the business plan and its implementation. HONESTMONDAY accepts no liability for the accuracy, completeness or currency of the information provided by KIM. Copyright and rights of use remain with the companies. KIM is a computer program that responds to queries from users. It uses machine learning and artificial intelligence to conduct human-like conversations, answer questions and suggest optimizations. Its goal is exclusively to support the creation of business plans. Do not enter any personal data or confidential information in the chat. KIM is not designed to process personal data or confidential information.
The information provided by KIM is not intended as professional advice on legal, medical, financial or technical matters. If necessary, you should always consult a qualified expert before making any decisions based on this information
2.3 HONESTMONDAY does not guarantee the successful financing of the business plan or business case, nor its realization. The decision as to whether an approved business case (dashboard), which is initially limited to the most important data and facts, is published for investors lies with HONESTMONDAY. After registration, the preparation of a business plan and the positive decision by HONESTMONDAY, HONESTMONDAY grants investors the opportunity to view the most important data and facts with the key parameters (dashboard). HONESTMONDAY has the right to deactivate or delete a created business plan from the platform for various reasons.
2.4 If an interested Investor:in submits a request to a company and this request is accepted by the company, HONESTMONDAY is entitled to disclose the complete business plan (texts, figures, parameters, images, etc.) as well as the contact details (surname and first name, address, telephone number, e-mail, etc.) to the Investor:in. Investor:in and company then network and, ideally, a mutual match is made.
2.5 The my.honestmonday.ch platform enables investors to get to know suitable companies for a possible investment and to support them on their way. The my.honestmondey.ch platform consists of much more than just financial data on SMEs and start-ups. It provides investors with a comprehensive insight and various intelligent comparison options.
2.6 HONESTMONDAY does not guarantee the proper and uninterrupted operation of the service at all times. HONESTMONDAY therefore accepts no liability for interruptions to operation.
2.7 The access data for the HONESTMONDAY services received in connection with registration are personal and non-transferable. Users are obliged to treat them confidentially at all times and not to make them accessible to third parties. Offers that are marked for private use may NOT be used by commercial or public financial providers. Offers for private use are reserved exclusively for private investors or so-called private business angels.
2.8 HONESTMONDAY is entitled to store IP addresses of users and visitors in order to prevent abuse and fraud.
3.1 Upon request, users identify themselves to HONESTMONDAY by presenting official identification.
3.2 Companies are responsible for the content of the application and the business plan (figures, images, texts, information). They assure that they may dispose of the contents provided by them and that they do not violate any rights of third parties (especially copyrights, trademark rights, etc.). With the registration and the preparation of a business plan, the company grants HONESTMONDAY the authorization and the right to disclose the most important data and facts with the essential parameters (dashboard) to registered investors.
3.3 If the companies receive a request (inquiry) from an investor based on these essential data and facts, the companies are obligated to treat the contact and address data of the investor handed over to them by HONESTMONDAY confidentially. They may only be made accessible to third parties with the express consent of the investors.
3.4 In return, the investors undertake to treat the information provided to them after acceptance of the request (in particular the complete business plan and coordinates) confidentially, neither to use it themselves nor to compete with the company nor to make the information accessible to third parties in any form. Unless the company has given its express written consent.
3.5 The users undertake to pay the prices and subscription costs published on the my.honestmonday.ch platform in accordance with the agreement. Deviating individual agreements must be made in writing. Payment shall be made in advance. Users shall be in default without a reminder. They are not entitled to withhold fees and interest due to warranty, guarantee and/or liability claims. Likewise, a right of set-off is excluded. If the registration is rejected by HONESTMONDAY (e.g. in case of a fake ID, etc.), the paid amount will be refunded within 30 days.
3.6 Furthermore, the User:s undertake not to misuse services of HONESTMONDAY, in particular:
3.7 HONESTMONDAY assumes for transmitted data and information that these and any representations contained therein are neither illegal nor immoral and do not violate any rights of third parties. HONESTMONDAY is not obligated to verify these conditions. Users shall indemnify HONESTMONDAY against all claims of third parties and shall reimburse HONESTMONDAY for any costs incurred as a result of any infringement. Users are further obligated to provide HONESTMONDAY with all necessary information and documentation to defend against such claims.
3.8 Users are expressly prohibited from copying, selling, otherwise redistributing or offering HONESTMONDAY's software to third parties in any form. HONESTMONDAY claims the copyrights for all self-created contents of its website (copyright). Reproduction or use of content of any kind is only permitted with the written consent of HONESTMONDAY. This provision shall continue to apply even after termination and beyond the term of the contract.
4.1 As a provider of the platform, HONESTMONDAY is merely an intermediary between companies and investors. A possible contract about an investment is concluded between the investor and the company independently and outside the platform of HONESTMONDAY. If the company confirms the request of an investor, the investor receives an insight into the complete business plan and contact details. Investor and start-up network and in the ideal case a mutual match and an investment agreement can arise. HONESTMONDAY's suggestions for potential matches are without guarantee.
5.1 HONESTMONDAY and the auxiliary persons used by it are obligated to treat data confidentially.
5.2 The user:s are responsible for the security of the systems, programs and data, which are in their sphere of influence. It is agreed that each login with the appropriate user name and password is considered to have been made by the user or the persons authorized by him/her.
5.3 HONESTMONDAY will, in its own estimation, take appropriate and economically reasonable measures to protect the services and systems within its sphere of responsibility against unauthorized access or attacks from outside. In doing so, HONESTMONDAY does not assume any guarantee or warranty for protection against unauthorized external access.
5.4 HONESTMONDAY may interrupt the operation of the service at any time if this is necessary for factual reasons. Users shall not be entitled to any compensation from HONESTMONDAY.
5.5 HONESTMONDAY regularly backs up the data of the Users that they deposit or use on the HONESTMONDAY platform. In the event of loss, HONESTMONDAY will restore lost data from the most recent backup available; in addition, users are obliged to transmit the data in question to HONESTMONDAY again, free of charge. HONESTMONDAY shall not be liable for any definitive loss of data.
5.6 Users are aware that, from a technical point of view, HONESTMONDAY may at any time inspect all data made accessible. Data will be stored, processed and evaluated by HONESTMONDAY for the duration of the mandate relationship, as far as this is necessary for the fulfillment of the services.
HONESTMONDAY will not forward any data of the User:s to third parties without their consent. However, data will be made available to third parties if HONESTMONDAY is obliged to do so by law.
6.1 HONESTMONDAY is entitled to suspend the service used by users with immediate effect, in whole or in part, as long as a user is in default of payment or violates other obligations despite a warning. HONESTMONDAY also has this right if it is likely that the use of the service by the user or data of the user violate the rights of third parties or violate the law and morality or endanger them.
6.2 The duration of the suspension depends on the duration of the clarification of whether there is an infringement, the duration of the infringement or the dispute with the third parties about the infringement. During this period, the User shall have no claim to the service used by him/her.
6.3 The User shall not have any claims for damages as a result of a suspension. The user remains obligated to provide the financial services even during the suspension period.
7.1 In any case, the users remain the sole owners of the data and may demand that HONESTMONDAY return individual or all data. HONESTMONDAY may make and retain copies of data that it returns to the users. For justified reasons, HONESTMONDAY may refuse to return data to the user.
8.1 HONESTMONDAY warrants the correction of defective services, provided that the defect lies within its area of responsibility. The users have to report defects to HONESTMONDAY immediately and with proper error documentation. The users have to take all reasonable measures to enable the determination of the defect or damages and their causes or to facilitate the elimination of the malfunction. In particular, the users are obliged to check all sources of error in their risk sphere, such as end devices, Internet connections, etc., before submitting a malfunction report to HONESTMONDAY, in order to be able to exclude a malfunction of these sources. If a defect is not demonstrably, clearly, and exclusively attributable to HONESTMONDAY, HONESTMONDAY is to be reimbursed for the expenses incurred in connection with the correction of the defect at the usual fee rates. If HONESTMONDAY does not succeed in remedying the defect within a reasonable period of time, the users may withdraw from the contract after having set a grace period of at least 30 days in writing. The correction of a defect by the users themselves or by the involvement of a third party on the part of the users is expressly prohibited.
8.2 HONESTMONDAY does not give any assurance of the functionality or other economic efficiency or advantageousness of the service and cannot guarantee that the service will be used uninterruptedly and error-free, nor that the correction of a program error can exclude the occurrence of further program errors.
8.3 Verbal information and promises, brochures and advertising statements of HONESTMONDAY, no matter what kind, are not binding, unless they are expressly designated as binding and in no way constitute a warranty or promise.
8.4 Warranty and guarantee claims expire after the expiration of six (6) months from their occurrence (absolute limitation).
8.5 Further warranty and guarantee claims are expressly excluded.
9.1 HONESTMONDAY is liable for damages caused intentionally or by gross negligence. In case of slight negligence there is no liability.
9.2 Liability for technically caused transmission delays or failures is excluded in any case.
9.3 HONESTMONDAY is not liable for hyperlinks that are outside the responsibility of HONESTMONDAY. If HONESTMONDAY becomes aware of the existence of a link to a website with illegal content, HONESTMONDAY will do what is reasonable to remove the link in question.
9.4 In the event of damage, the liability of HONESTMONDAY is in any case limited to the simple amount of the agreed annual subscription costs of the users:in concerned. The present limitations of liability and the exclusion of liability apply to contractual as well as to non-contractual or quasi-contractual claims. As far as the liability of HONESTMONDAY is excluded or limited, this also applies to the liability of auxiliary persons.
10.1 The minimum duration, the notice period and the termination date are determined by the subscription, ticket or individual written agreement concluded with the user and partner. All offers of HONESTMONDAY are automatically and tacitly extended after the expiration of subscriptions seamlessly for another 12 months. Written notice of cancellation must be received by HONESTMONDAY no later than three months prior to the expiration of the subscription. The right to terminate without notice for good cause remains unaffected. HONESTMONDAY has in particular the right to terminate without notice if the users:
11.1 All additions or supplements to these GTC or corresponding contracts must be in writing and confirmed by the parties in order to be effective. This shall also apply to any waiver of the written form requirement.
11.2 Should any provision of these GTC be unenforceable or invalid, it shall lapse only to the extent of its unenforceability or invalidity and the invalid provision shall be replaced by the parties with a valid provision that corresponds as closely as possible to the economic purpose of the invalid provision. The remaining provisions of these GTC shall remain in force and binding under all circumstances. The same applies in the event that a loophole exists.
11.3 HONESTMONDAY expressly reserves the right to amend these GTC at any time. The new conditions will be announced to the users and partners and are considered approved without objection within one month.
11.4 Swiss law is applicable under exclusion of international treaty and conflict of laws (IPRG). Place of performance for the mutual obligations and exclusive place of jurisdiction is the registered office of HONESTMONDAY.
Last update of the GTC's: January 2023
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