Service Provider

The entity providing the Services is Pre Innovations, Inc., a company operating under the laws of Delaware, (referred to as “Pre”, "Pre Innovations", “we”, “us”, or “our”). References to Pre's “Affiliates” in these terms means the other companies within the Pre Innovations group (now or in the future).

Agreement

Please read this Agreement carefully and make sure you understand it. Your use of and access to the Services is conditioned upon your compliance with and acceptance of these Terms of Use (TOU), which include your agreement to arbitrate claims. Please review thoroughly before accepting. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Services.

We reserve the right to post changes to the TOU at any time on the platform. If we make any material changes to this TOU, we will post the updated TOU here, along with its effective date. If any TOU changes are not acceptable, you must stop your use of the Services.

If you subscribe to any of our Services, you may also be subject to additional terms and conditions ("Terms of Service" or "TOS") applicable to such Services, which will be brought to your attention at that time.

Access to Services

We do not guarantee that access to or use of any our Services will be uninterrupted or error free, and Pre Innovations shall not be liable for any feature not being accessible or for any unavailability of its Services. Our Services may be expanded, limited or modified at any time to meet the needs of our Users, or for technical or other reasons, without advance notice or reason. We may also in our sole discretion, and at any time, discontinue providing, temporarily or permanently, any or all of our Services, without notice. To access some of the content or features of our Services, Users may need to enhance or update the hardware or software in their computer systems. Pre Innovations assumes no responsibility for any failure to access any of our Services, partially or fully, whether due to the User's system, the Internet network or any other cause.

Who can apply to pitch on PreRound?

In order to apply to PreRound, you must:

• be 18 years of age or older. Parents will need to co-submit an application for their minor child. Other eligibility requirements will apply.
• use your real name and the real name of your organisation as well as provide accurate, correct and truthful information;
• be allowed to submit under any and all laws that apply to you or our provision of our Services;
• have the authority to bind any organization or legal entity on behalf of who you use our Services. If you are representing and binding an organization or legal entity to these policies, all references to "you" and "your" will also be interpreted as referring to that entity; and
• not have previously been disbarred by us for your violation of our policies.

By submitting your application, you agree to comply with the policies.

Your Application

By submitting your business, product, idea information by email or the online application form, you are accepting and agreeing to our Terms of Use and you acknowledge and agree that you are doing so solely for purposes of applying to and potentially being considered by Pre Innovations to be a participant on PreRound, and will not receive any compensation or credit for making a submission. You understand that your submission is not confidential nor submitted in confidence or trust. You further understand that Pre Innovations, PreRound and their respective affiliated or related entities (collectively "PreRound Entities") are diversified companies who may possess or come to possess information similar or identical to information contained in your submission, and you agree that any such similarity or identity shall not give rise to any claim or entitlement, whether for compensation, credit or otherwise. By making an submission, you hereby release the PreRound Entities and their respective directors, officers, shareholders, members, employees, and licensees from any and all claims or liabilities relating to your submission.

Subject to the exceptions described below, if you submit an application to PreRound, we will not share the specific contents of your application, other than for the purpose of evaluating your application and supporting it through the process. When we share your application for such evaluation and support purposes, we will use reasonable efforts to ensure that those evaluators and mentors (whether within or outside of PreRound) agree to treat your application confidentially. We may use your application, and all information or materials included in your application, for any PreRound-related purpose. This includes, without limitation:

• Compiling and publishing aggregated statistics regarding technology, companies, founders, investors, etc.
• Tracking applicants, founders, investments, companies and application trends.

You agree, confirm and acknowledge that you may not, at any time, submit, provide, upload or make available any content which, whether in whole or in part:

• is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
• facilitates illegal activity;
• violates someone else's copyrights or intellectual property;
• depicts sexually explicit images;
• promotes unlawful violence;
• is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability;
• is calculated to damage or hinder the operation of our services; or
• is otherwise illegal or causes damage or injury to any person or property.

Maintenance of Applications

After the application process has ended, we may retain your application and the information contained therein. If you have questions or concerns about your application, please contact apply@preround.com.

Children Under 13

PreRound does not knowingly collect personal data, or accept applications, from children under the age of 13. If you are under the age of 13, please do not submit any personal data or applications through the site. Please have your parent contact us at apply@preround.com to discuss your application.

General Information Included in Your Application

Due to the large number of applications and related materials that we receive and review as PreRound entities, and the similarity of much of the information provided in such materials, we cannot accept responsibility for protecting against misuse or disclosure of any general information, knowledge or other materials (including without limitation any information generally known in your industry) included in or provided with your application.

Protection of intellectual property rights (for example, patents, trademarks, copyright, trade secrets, etc.) of your concept is your responsibility and your responsibility alone. If your application has an idea or product that you might want to patent, we strongly recommend applying for a patent or speaking to a lawyer before submitting your application to PreRound.

Information you include in your application will be shared with the set of reviewers that review your application. Please note that these reviewers do NOT sign Non-Disclosure Agreements (NDAs). It is up to you to determine the right balance between sharing enough information to get people interested and to give you credibility, and sharing information that could potentially be damaging to your company if it were to be disclosed. Therefore, you should not include any information in your application that you feel could be harmful to your company should that information be disclosed.

Use of the Pre app

We rely on the use of the Pre app to provide a gamified investing experience to you. Any use of the Pre app by you is subject to the Terms of Use and Privacy Policy of that app.

PreMoney as play money

Please note that PreMoney -- the money you receive on PreRound to participate in any event or episode on the show -- is play-money. It is not real money, it is not a legal tender. Investing PreMoney in startups on PreRound does not constitute a real investment and does not convey to you any rights of ownership in or related to that startup, or any intellectual property rights owned by that startup.

No Individual Investment Advice

PreRound does not provide tax, accounting, legal, investment, or financial services. Since each individual's situation is unique, a qualified professional should be consulted before making financial decisions. The information available through our Services is solely for informational purposes on an “as is” basis at user’s sole risk. The information is not meant to be, and should not be construed as advice or used for investment, financial planning, legal, accounting, or tax purposes. We make no guarantees as to the accurateness, quality, or completeness of the information and we shall not be responsible or liable for any errors, omissions, inaccuracies in the information or for any user’s reliance on the information. User is solely responsible for verifying the information as being appropriate for user’s personal use, including without limitation, seeking the advice of a qualified professional regarding any specific financial, legal, accounting, or tax questions a user may have. While we may edit questions provided by users for grammar, punctuation, profanity, and question title length, we are not involved in the questions and answers between users, do not endorse any particular financial, legal, accounting, or tax professionals that provide answers on our show or platform, and are not responsible for any claims made by any advisor. PreRound is not endorsed by or affiliated with any state/provincial/territorial bar association or other legal or accounting membership organization or association, tax authorities, or agencies or associations, or the Financial Industry Regulatory Authority (FINRA) in the U.S. or any other financial regulatory authority, agency, or association. PreRound does not claim to be and is not registered as a broker-dealer and investment advisor. Nothing on PreRound show, events, or platform is intended to be or shall constitute or be construed as a sale or purchase or offer to sell or purchase or a recommendation of any securities.

Links

As a convenience to Users, our Services may provide links to other sites or resources. Because we do not review and have no control over such sites and resources, PreRound shall not be responsible or liable for use of or reliance on any content, products, services or information at such sites or resources. Inclusion of any links does not imply any endorsement, affiliation, approval, association or sponsorship by PreRound of the linked websites, resources, their operators or owners. When you select a link, you may be leaving our platform. The information available on third parties websites may have certain restrictions on its use or distribution which differ from this TOU.

Abusive or Offensive Language

Abusive or offensive language will not be tolerated in the Service or with the Pre Innovations staff. Any violation of this policy will result in a suspension of playing privileges or such other action as may be required by Pre Innovations to ensure compliance. You are not permitted to use inappropriate or offensive language in connection with your user name which includes, but is not limited to profane, sexist or racist language. Pre Innovations reserves the right to make changes to any Users name that violates this policy and to take any steps it deems appropriate, up to and including closing Your Account. If You create an Account with an offensive user name or change your existing user name to an offensive one you may have Your user name changed and locked.

Other Legal Terms

Indemnification and Limitation of Liability

You agree to indemnify, defend and hold harmless Pre Innovations, its shareholders, licensors, assigns, officers, directors, employees, agents and affiliates from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of or relating to any violation of this Agreement or any other wrongful activity related to use of the Services (including but not limited to infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the site using your user name and password. Winners assume all liability for any injury or damages caused or claimed to be caused by his or her participation in activities on Pre and/or the acceptance and/or use of any prize, and release Pre Innovations and its shareholders, licensors, officers, directors, employees, affiliates, agents and assigns and advertising and promotional agencies and their respective officers, directors, and employees (collectively "Released Parties") from any such liability. Released Parties assume(s) no responsibility for any injury or damage to Participant's or to any other person's computer relating to or resulting from these activities. Entry constitutes permission (except where prohibited by law) to use winner's name, city, state, likeness and/or voice for purposes of advertising, promotion and publicity without additional compensation. Any attempt by a Participant or any other individual to deliberately damage any online service or website or undermine the legitimate operation of the activities or the platform is a violation of criminal and civil laws and should such an attempt be made, Pre Innovations reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law.

Pre Innovations shall bear no liability whatsoever in connection with the design, development or administration of any game or in any other respect in connection with your interaction with the site or participation in any game. Furthermore, Pre Innovations does not guarantee the accuracy or validity of data provided by users on Pre Innovations website and apps.

In no event shall the Released Parties’ aggregate liability arising out of or relating to this agreement or your use of (or inability to use) the Servcies or with respect to the content of the platform exceed the amounts actually paid by you to Pre Innovations for your last activities or your last subscription immediately preceding the event giving rise to such claim, whichever is greater. In no event shall the Released Parties be liable to you for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including personal injury, loss of data, revenue, profits, use or other economic advantage). The Released Parties shall not be liable for any loss, damage or injury which may be incurred by you, including but not limited to loss, damage or injury arising out of, or in any way connected with the site or its content, including but not limited to the use or inability to use the site, any reliance placed by you on the completeness, accuracy or existence of any information contained therein or advertising, or as a result of any relationship or transaction between you and any third party service provider, advertiser or sponsor whose advertising appears on or within the site. The foregoing exclusions shall apply even if the released parties have been previously advised of the possibility of such damages.

No Class Action

You are giving up any right you might have to commence or participate in any class or group litigation or proceeding against us.

You understand that, in return for your agreement to this paragraph, Pre Innovations is able to offer the activities at the terms set out herein, and that your assent to this Section is an indispensable consideration to this Agreement.

All information provided on the site is for informational purposes only, and is not intended for actual trading purposes or market advice

Pre Innovations's Proprietary Right to Content

Winners of any phase of Pre Innovations activities waive all rights of privacy and publicity and expressly allow Pre Innovations to publicize their names and prizes as it sees fit.

By entering in the activities, you agree that Pre Innovations may disclose your first name, last name, and state these at any time during the course of, or after, the activities, either on the platform, or through email notification, at the discretion of Pre Innovations, except where prohibited by law.

You hereby agree that any information transmitted to the platform in connection with the activities is not confidential and acknowledge that you have no expectation of privacy with respect to such information, subject to the terms of the site's Privacy Policy. By completing a registration, you hereby agree that any and all information that you supply in the registration process is current, truthful and complete. To the extent that any such information is not current, truthful and complete, you may be disqualified from the Services. Pre Innovations reserves the right to post any and all of your portfolio and Pre Innovations winners also agree to make available photographs in a format acceptable to Pre Innovations and pertinent biographical information for such publicity. Any information posted to or on any area of the site, including simulated portfolios, becomes the exclusive property of Pre Innovations for use, reproduction or disclosure at Pre Innovations's sole discretion.

Pre Innovations alone shall own all right, title and interest, including all related intellectual property rights, in and to the site and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the site (collectively “Feedback”). You are not required to provide any Feedback to Pre Innovations. To the extent you do provide any Feedback to Pre Innovations, you agree to assign and hereby do assign to Pre Innovations all right, title and interest in and to such Feedback, and you do hereby waive and renounce any moral rights you may have in the Feedback in favour of Pre Innovations, and agree that Pre Innovations may freely utilize such Feedback without compensation to you. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the site, or any intellectual property rights owned by Pre Innovations.

Third Party Content

Any testimonials, opinions, advice, product or service offers, or other information or content made available on or through our Services by third parties (“Third Party Content”) are solely those of their respective providers and not of Pre Innovations which does not guarantee the accuracy, completeness, reliability or usefulness of Third Party Content. It is the responsibility of the User to evaluate Third Party Content and Pre Innovations shall not be liable for any damage or loss caused by Users’ reliance on or other use of Third Party Content.

Changes to this Applications Policy

Our application process may change from time to time. As a result, at times it may be necessary for us to make changes to this policy. We reserve the right to update or modify this policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you submit an application. This policy was last updated on the date indicated below. Your submission of an application or continued use of the site after any changes or revisions to this policy shall indicate your agreement with the terms of such revised policy.

Content Posted by Users

To the extent we enable you to, and you choose to post or share any content or materials, including, without limitation, (“User Content”) you will be: (a) granting Pre Innovations a fully transferable, sub-licensable (with rights to sublicense, including, without limitation, through multiple tiers) to display, perform, reproduce, modify, transfer, distribute and create derivative works from the User Content and to associate your public profile information (if any) with such User Content, in any media formats and through any channels (whether now known or hereafter developed) and waiving any moral rights in favor of Pre Innovations with respect to such use of the User Content; (b) granting Pre Innovations a perpetual, world-wide, royalty-free, fully paid-up, non-exclusive license to allow your materials to be edited and displayed by Pre Innovations on its platform, and accessed by Users, for the purposes and on the terms as set out in these TOU; (c) agreeing to indemnify and hold harmless Pre Innovations and its Users from any claim or demand made by any third party due to or arising out of your User Content; and (d) representing that you own or otherwise have the right to post the User Content, that the User Content is accurate, that use of the User Content on any Services does not violate any laws, and that the materials will not cause injury to any person, including without limitation to the intellectual property, personal or privacy rights of others. Pre Innovations shall have the right to use your name in connection with your posted User Content. Pre Innovations reserves the right to remove or modify any User Content for any reason, including without limitation, if we believe it violates these TOU.

If you choose to post any User Content and interact with other users, if applicable, please be respectful of other users and use common sense when posting comments. Remember that anything you post online may be perpetually available and is not confidential or private. Do not post anything you would not be comfortable sharing or being made public.

All comments, suggestions, ideas, notes, drawings, concepts or other information disclosed or offered by you through the Site and the Services or in response to solicitations made through the Site or the Services (collectively, "Feedback") is entirely voluntary and shall be deemed to be non-confidential and shall forever remain the sole property of Pre Innovations. You understand and acknowledge that Pre Innovations has both internal and external resources which may have developed, or may in the future develop, ideas, content, programming, etc. identical to or similar to your Feedback and you agree that Pre Innovations will not incur any obligation or liability to you or otherwise as a result of (i) any such similarities or (ii) Pre Innovations's review of any of the Feedback. Pre Innovations shall exclusively own, throughout the universe in perpetuity, and you hereby irrevocably assign, all rights of every kind and nature (whether currently existing or hereafter developed) in and to the Feedback and Pre Innovations shall be entitled to unrestricted use of the Feedback for any and all purposes whatsoever, commercial or otherwise, without any payment or other obligation to you or any other person involved with the creation and/or submission to Pre Innovations of the Feedback. You hereby waive any and all of your rights of droit moral and similar rights with respect to the Feedback.

Content Posted and Activities on the Site

You understand and agree that Pre Innovations may review and edit or delete any content, commentary, opinions, messages, photos or profiles (collectively, "Content") that in the sole judgment of Pre Innovations, violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Pre Innovations Participants. You are solely responsible for the Content you submit and/or publish or display (hereinafter, "post") on the site or any material or information you transmit to other Participants. By posting Content on any public area of Pre Innovations, you automatically grant, as well as represent and warrant, that you have the right to grant to Pre Innovations, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display and distribute such information and content to Pre Innovations and that Pre Innovations has the right to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

The following is a partial list of the type of Content and activities that are illegal or prohibited on the platform. Pre Innovations reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the platform and terminating the registration of each violator. Prohibited Content and activities include, but are not limited to:

• Using the site for unlawful, immoral or fraudulent purposes
• Content that is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
• Activity that harasses or advocates harassment of another person
• Transmitting "junk mail", "chain letters," or unsolicited mass mailing or "spamming".
• Engaging in advertising to, or solicitation of, any Participant to buy or sell any products or services through the platform.
• Promoting information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
• Creating restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page).
• Providing material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.
• Soliciting passwords or personal identifying information for commercial or unlawful purposes from other users.
• Providing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
• Modifying, adapting, translating, or reverse engineering any portion of the platform
• Removing any copyright, trademark or other proprietary rights notices contained in or on the platform.
• Using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the platform.
• Reformatting or framing any portion of the web pages that are part of the platform.
• Creating user accounts by automated means or under false or fraudulent pretenses.
• Submitting Content that falsely express or imply that such Content are sponsored or endorsed by Pre Innovations.
• Submitting Content that infringe misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party.
• Transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature.
• Submitting Content that is unlawful or promote or encourage illegal activity.
• While Pre Innovations prohibits such conduct and content on its platform, you understand and agree that you nonetheless may be exposed to such Content or actions and that you use the Services at your own risk.

You must use the Services in a manner consistent with any and all applicable laws and regulations. You may not engage in advertising to, or solicitation of, any Participant to buy or sell any products or services through the platform. Although Pre Innovations cannot monitor the conduct of its Participants off the platform, it is also a violation of these rules to use any information obtained from the site to harass, abuse or harm another person or to contact, advertise to, solicit or sell to any Participant without their prior explicit consent. In order to protect our Participants from such advertising or solicitation, Pre Innovations reserves the right to restrict the number of emails which a Participant may send to other Participants in any 24-hour period to a number which Pre Innovations deems appropriate in its sole discretion.

You may not use the Setvices for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence.

You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content that you submit, post, and display on the platform.

We may, but shall have no obligation to, remove materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or this Agreement.

Severability

If any term or provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, such term or provision shall not affect the Agreement's other terms or provisions, or the whole of this Agreement, but such term or provision shall be deemed modified to the extent deemed necessary to render such term or provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent of the parties and the Agreement's purposes.

Last updated: July 14, 2023