SellFunded

Terms of Service

Last Updated: December 15, 2025

1. Acceptance of Terms

By accessing or using the SellFunded platform ("Service"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

If you do not agree to these Terms, you must not access or use the Service. We reserve the right to modify these Terms at any time. Your continued use of the Service following any changes constitutes acceptance of those changes.

2. Description of Service

SellFunded provides a software-as-a-service platform for deal management, broker compliance monitoring, cap table management, investor relations, and secure document storage ("Data Room"). The Service is designed to assist startups and businesses in managing fundraising activities, M&A processes, and related compliance obligations.

The Service is provided for informational and organizational purposes only and does not constitute legal, financial, tax, or investment advice. You acknowledge that you should consult with qualified professionals for such advice.

3. Account Registration and Security

To access certain features of the Service, you must create an account. You agree to:

  • Provide accurate, current, and complete registration information
  • Maintain and promptly update your account information
  • Maintain the security of your password and account credentials
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our sole discretion.

4. Acceptable Use Policy

You agree not to use the Service to:

  • Violate any applicable laws, regulations, or third-party rights
  • Upload, transmit, or store any content that is unlawful, fraudulent, defamatory, or infringes intellectual property rights
  • Transmit viruses, malware, or other harmful code
  • Attempt to gain unauthorized access to the Service or related systems
  • Interfere with or disrupt the integrity or performance of the Service
  • Reverse engineer, decompile, or disassemble any aspect of the Service
  • Use the Service to send unsolicited communications (spam)
  • Impersonate any person or entity or misrepresent your affiliation
  • Use the Service for any illegal securities activities or fraud
  • Share account credentials or allow unauthorized access

5. Intellectual Property Rights

Our Intellectual Property: The Service, including all software, designs, text, graphics, logos, and other content provided by SellFunded, is owned by or licensed to SellFunded and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Service solely for your internal business purposes.

Your Content: You retain all ownership rights in the data, documents, and other content you upload to the Service ("User Content"). By uploading User Content, you grant SellFunded a limited license to host, store, and display such content solely as necessary to provide the Service to you.

Feedback: Any feedback, suggestions, or ideas you provide regarding the Service may be used by SellFunded without any obligation to you.

6. Confidentiality and Data Security

We implement industry-standard security measures to protect User Content stored in our Data Room feature. However, no system is completely secure. You acknowledge that:

  • You are responsible for maintaining the confidentiality of documents shared through the Service
  • You should not upload documents that you are prohibited from sharing by law or contract
  • When granting access to third parties (such as investors or acquirers), you are responsible for ensuring appropriate confidentiality agreements are in place

7. Fees and Payment

Certain features of the Service may require payment of fees. All fees are non-refundable except as required by law or as expressly stated in a separate written agreement. We reserve the right to change our fees upon thirty (30) days' notice. Failure to pay fees may result in suspension or termination of your account.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

SellFunded does not warrant that:

  • The Service will meet your specific requirements
  • The Service will be uninterrupted, timely, secure, or error-free
  • Any information obtained through the Service will be accurate or reliable
  • Any defects in the Service will be corrected

You use the Service at your own risk. The compliance monitoring features are tools to assist your compliance efforts but do not guarantee compliance with any legal or contractual obligations.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SELLFUNDED, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to or use of (or inability to access or use) the Service
  • Any conduct or content of any third party on the Service
  • Any content obtained from the Service
  • Unauthorized access, use, or alteration of your transmissions or content
  • Decisions made or actions taken based on information provided through the Service
  • Failure of the compliance monitoring tools to detect or prevent any compliance issues

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).

10. Indemnification

You agree to indemnify, defend, and hold harmless SellFunded and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any applicable law or regulation
  • Your User Content or any content you submit through the Service
  • Your violation of any third-party rights, including intellectual property rights
  • Any dispute between you and a third party arising from use of the Service

11. Dispute Resolution and Arbitration

Informal Resolution: Before initiating any formal dispute resolution, you agree to contact us first and attempt to resolve the dispute informally for at least thirty (30) days.

Binding Arbitration: Any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by a mutually agreed-upon arbitration provider, rather than in court. The arbitration shall be conducted in English and take place in Delaware, USA (or another location mutually agreed upon).

Class Action Waiver: TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN US AND YOU INDIVIDUALLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Exceptions: Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction to prevent irreparable harm pending arbitration.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

13. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms. Upon termination:

  • Your right to use the Service will immediately cease
  • We may delete your account and User Content after a reasonable retention period
  • You may request a copy of your data prior to termination
  • Provisions that by their nature should survive termination shall survive

14. Force Majeure

SellFunded shall not be liable for any failure or delay in performing our obligations under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, governmental actions, internet or telecommunications failures, or cyberattacks.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements incorporated by reference, constitute the entire agreement between you and SellFunded regarding the Service and supersede all prior agreements and understandings.

18. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

19. Contact Information

For questions about these Terms of Service, please contact us at:

SellFunded
Email: [email protected]
Address: [Company Address]