Terms of Service

These Terms of Service (the “Agreement”) are a legal agreement between you as the user and Executive Equity Group Limited, the owner of smartipo.com, a limited company registered under English Law, having its registered address situated at 95 Wilton Road, Suite 717, Victoria, London, United Kingdom, SW1V 1BZ (“Smart IPO”, or “We” “Our” or “Us”), that governs your limited, non-exclusive and terminable right to the use of the Smart IPO Site and Services as defined herein. By making use of the services, you agree to be bound by the terms of this agreement.

If you do not agree to this Agreement, you must not sign up for an Account and shall not make use of any of the Services or the Site. By agreeing to this Agreement, you acknowledge that you have read this Agreement, understood it, and agree to be bound by its terms and conditions.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Use of the service

1.1. The service Smart IPO allows clients to buy or sell pre-IPO shares peer to peer through our pre-IPO marketplace. You determine the companies you invest in or the shares you sell, Smart IPO simply verifies the shares and assists with the share transfer.

1.2. To use Smart IPO, you first need to register. After completing registration, you can directly log into your account and use the service.

1.3. You must secure access to your account using the username and password against third parties. In particular you must keep the password strictly confidential. Executive Equity Group Limited may assume that all actions undertaken from your account after logging in with your username and password is authorised and supervised by you. This means you are liable for these actions, unless and until you have notified Executive Equity Group Limited  that someone else knows your password.

1.4. Smart IPO allows you to process personal data. Executive Equity Group Limited  acts as a processor as that term is defined in the UK Data Protection Act; you are the controller. You indemnify and hold harmless Executive Equity Group Limited  against all claims by third parties in connection with this Act.

Terms of use

2.1. It is not permitted to use Smart IPO for any purpose that violates English or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libelous or racist.

2.2. Should Executive Equity Group Limited discover that you violate any applicable law or regulation or receive a complaint alleging the same, then Executive Equity Group Limited may intervene to end the violation.

2.3. If in the opinion of Executive Equity Group Limited the continued functioning of the computer systems or network of Executive Equity Group Limited or third parties is actually or under threat of being damaged or jeopardised, for example through excessive transmission of data, leaks of personal data or virus activity, Executive Equity Group Limited may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.

2.4. Executive Equity Group Limited is at all times entitled to file a criminal complaint for any offenses committed through or using the service.

2.5. Executive Equity Group Limited may recoup from you all damages it suffers as a result of your violation of these terms of use. You agree and hold harmless Executive Equity Group Limited from all third-party claims arising out of your violation of these terms of use.

Availability and maintenance

3.1. Executive Equity Group Limited actively maintains Smart IPO. In case maintenance is reasonably expected to negatively impact availability, Executive Equity Group Limited carry out such maintenance at times when use of the service is relatively low. Maintenance is announced in advance whenever possible. Emergency maintenance can take place at any time and without prior announcement.

3.2. Executive Equity Group Limited may from time to time adapt Smart IPO. Your feedback and suggestions are welcome but ultimately Executive Equity Group Limited decides which adaptations to carry out (or not).

Intellectual property

4.1. The service Smart IPO, the accompanying software as well as all information and images on the website is the intellectual property of Executive Equity Group Limited. None of these items may be copied or used without prior written permission of Executive Equity Group Limited, except and to the extent permitted by mandatory law.

4.2. Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). Executive Equity Group Limited receives a limited license to use this information for the service, including for future aspects thereof. You can cancel this license by removing the information in question and/or terminating the agreement.

4.3. If you send information to Executive Equity Group Limited, for example a bug report or suggestion for improvement, you grant Executive Equity Group Limited a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.

4.4. Executive Equity Group Limited shall refrain from accessing data you store or transfer using Smart IPO, unless this is necessary for a good provision of the service or Executive Equity Group Limited is forced to do so by law or order of competent authority. In these cases Executive Equity Group Limited shall use its best efforts to limit access to the information as much as possible.

Fees and Charges

5.1 - The Smart IPO platform/marketplace only charges sellers of shares 1% of the total value of shares sold. Buyers are not charged any fees.

Limitation of liability

6.1. In no event shall Executive Equity Group Limited, its owners, suppliers or any of their respective owners, directors, employees, contractors and/or agents be liable to you or any Third Party for any direct, indirect, special, exemplary, punitive or other consequential or incidental damages (including but not limited to any lost profits or revenue, interruption, loss of programs or other information, or any other pecuniary loss) arising directly or indirectly from (i) Your use of or access to the Site and/or Services, or any content, products or services distributed on or provided through the Site and/or Services, (ii) for any failure or interruption of the Site and/or Services; whether arising out of errors, omissions, loss of data, defects, viruses, interruptions or delays in operations or transmission or any other cause, whether based on warranty, contract, tort (including negligence) or any other legal theory, even if Executive Equity Group Limited. or its suppliers have been expressly advised of the possibility of such damages.

6.2. In any event, and without prejudice to the above, Executive Equity Group Limited's total maximum aggregate liability under this agreement, including any annexes herewith, or in respect of the use or exploitation of any part or all of the Site or Services, the content or user material in any manner whatsoever shall not exceed your annual subscription fee.

Term and termination

7.1. This agreement enters into force as soon as you first use the service and then remains in force until terminated.
7.2. Executive Equity Group Limited is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event Executive Equity Group Limited shall first send a reminder mail to the e-mail address connected to your account.

Cancellation & refund guarantee

8.1 You can cancel your account by sending an email to [email protected] or by using our support widget stating you want to cancel your account.

Data retention

9.1. Executive Equity Group Limited commits to securely storing data on behalf of our customers in accordance with their subscription plan and timeframes corresponding to each subscription plan. All data exceeding the stated timeframe will be routinely and automatically deleted from our systems.

9.2. You expressly acknowledge and accept that Executive Equity Group Limited. does not provide any archiving or backup services, and may delete data that is no longer in use and exceeds the timeframes stipulated in the applicable subscription plan. Executive Equity Group Limited expressly disclaims all obligations with respect to archiving, storage and backup of data.

Privacy & data protection

10.1. Please refer to our Privacy Policy for details on our privacy practices with respect to the Smart IPO service. You acknowledge that, by using our services, you may process information which is considered as being Personal Data and/or Personal Data information that is considered sensitive under the laws applicable to You. You acknowledge that you shall be solely and exclusively responsible to take all the necessary measures on your website/app and for obtaining any consent that you are legally obliged to obtain from your users/customers.

10.2. By accepting the terms contained within this agreement, including its annexes, You acknowledge represent and warrant that you shall comply with all applicable laws, including but not limited to Data protection and privacy laws and that You shall indemnify Smart IPO or indemnified parties against any Third Party claims related to violation of such applicable laws in the use of the Service.

Miscellaneous provisions

11.1. English law applies to this agreement.

11.2. Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with Smart IPO shall be brought before the competent English court for the principal place of business of Executive Equity Group Limited.

11.3. For any clause in these terms and conditions that demand that a statement must be done “in writing” to be legally valid, a statement by e-mail or communication through the Smart IPO service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.

11.4. The version of any communication of information as recorded by Executive Equity Group Limited shall be deemed to be authentic, unless you supply proof to the contrary.

11.5. In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.

11.6. Executive Equity Group Limited is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of Smart IPO or the associated business activities.

Contact information

Executive Equity Group Limited
95 Wilton Road, Suite 717
Victoria, London,
United Kingdom, SW1V 1BZ
[email protected]