Information We Collect:
When you interact with us through the Site, we may collect Personal Data and other information from you, as further described below:
Personal Data That You Provide Through the Site: We collect Personal Data from you when you voluntarily provide such information, such as when you contact us with inquiries, register an account with us or submit an application to us.
Non-Identifiable Data: When you interact with 0-Day Capital through the Site, we receive and store certain personally non-identifiable information. Such information cannot presently be used to specifically identify you. 0-Day Capital may store such information itself or such information may be included in databases owned and maintained by 0-Day Capital affiliates, agents or service providers. We may use such information and pool it with other information to track, for example, the characteristics of businesses that apply to or are accepted by 0-Day Capital, and we may publish or otherwise disclose such aggregated information.
Aggregated Personal Data: In an ongoing effort to better understand and serve the users of the Site, 0-Day Capital may conduct research on the characteristics of such users, including but not limited to user demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and 0-Day Capital may publish or otherwise disclose such aggregated information. This aggregate information will not identify you personally.
Our Use of Your Personal Data and Other Information:
- If you provide Personal Data in order to create a username and profile, we will use your Personal Data to provide you with access to such those components of the Site that require a username (including the 0-Day Capital application process and news.ycombinator.com), to administer your access to the Site (e.g., sending a replacement password to the email address you provided to us) and to monitor your use of the Site.
- If you provide Personal Data to attend an event, we will use your Personal Data to give you access to that event and track the attendees of the event.
- If you are an investor and are signing up to attend a Demo Day, you will be asked to provide certain Personal Data and other information that we will use to manage and administer your participation in Demo Day-related activities (e.g., collecting and ranking your likes, scheduling meetings with companies, etc.).
Our Disclosure of Your Personal Data and Other Information:
In addition to the disclosures described above, there are certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:
Business Transfers: In the event of a sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.
Agents, Contractors and Other Third Parties: 0-Day Capital, like many businesses, sometimes hires others to perform certain functions. Examples of such functions include mailing information and maintaining databases. When we employ or engage others to perform a function of this nature, we only provide them with the information that they need to perform their specific function under appropriate confidentiality obligations.
Legal Requirements: 0-Day Capital may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of 0-Day Capital or individuals associated with 0-Day Capital, (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) protect against legal liability.
You can visit the Site without providing any Personal Data. If you choose not to provide any Personal Data, you may not be able to use certain components of the Site.
Links to Other Web Sites:
0-Day Capital takes reasonable steps to protect the Personal Data provided via the Site from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Site may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any Personal Data to 0-Day Capital via the Internet.
Access to Information; Contacting 0-Day Capital:
To keep your Personal Data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Site.
You may contact us at: firstname.lastname@example.org
Welcome to the 0-Day Capital website (including all subdomains, the “Site”), which is operated by 0-Day Capital SRL (collectively, “0-Day Capital,” “we”, “us” and/or “our”). This Site provides, among other things, information about our people, organization and application process, tools for applicants to submit applications and go through the application process, forums for discussions about topics relevant to startups, and profiles of founders and companies who have participated in the 0-Day Capital program.
Access and Use of the Site
Modifications to Site: 0-Day Capital reserves the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that 0-Day Capital will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
General Practices Regarding Use and Storage: You acknowledge that 0-Day Capital may establish general practices and limits concerning use of the Site, including without limitation the maximum period of time that data or other content will be retained by the Site and the maximum storage space that will be allotted on 0-Day Capital’s servers on your behalf. You agree that 0-Day Capital has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Site. You further acknowledge that 0-Day Capital reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Conditions Of Use
User Conduct: In addition to any applicable guidelines or policies that may govern specific components of the Site, you agree to comply with the following conditions in using the Site. You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise transmit via the Site. The following are examples of the kind of content and/or use that is illegal or prohibited by 0-Day Capital. 0-Day Capital reserves the right to investigate and take appropriate legal action against anyone who, in 0-Day Capital’s sole discretion, violates this provision, including without limitation, removing the offending content from the Site, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Site to:
- email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of 0-Day Capital, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose 0-Day Capital or its users to any harm or liability of any type;
- interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- violate any applicable local, national or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit personal information from anyone under the age of 18;
- harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Site.
Commercial Use: Unless otherwise expressly authorized herein or in the Site, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
Intellectual Property Rights
Site Content, Software and Trademarks: You acknowledge and agree that the Site may contain content or features (“Site Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by 0-Day Capital, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Site Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Site. In connection with your use of the Site you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by 0-Day Capital from accessing the Site (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Site or the Site Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by 0-Day Capital.
User Content Transmitted Through the Site: With respect to the content or other materials you upload through the Site or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant 0-Day Capital and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content for any 0-Day Capital-related purpose in any form, medium or technology now known or later developed. However, please review the Non-Disclosure Agreement located at our Application section for more information on how we treat information included in applications submitted to us.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site (“Submissions”) provided by you to 0-Day Capital are non-confidential and 0-Day Capital will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, without acknowledgment or compensation to you.
Copyright Complaints: 0-Day Capital respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify 0-Day Capital of your infringement claim in accordance with the procedure set forth below.
0-Day Capital will process and investigate notices of alleged infringement and will take appropriate actions under the applicable intellectual property laws with respect to any alleged or actual infringement. A written notification of claimed copyright infringement should be mailed to:
0-Day Capital S.R.L.
36 Pictor Daniel Constantin Rosenthal Street, #4, room 2
Sector 1, Bucharest, Romania
Attn: General Counsel
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the our General Counsel: your physical or electronic signature; identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the courts located within Bucharest, Romania and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the General Counsel, 0-Day Capital will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the applicable law, 0-Day Capital has adopted a policy of terminating, in appropriate circumstances and at 0-Day Capital’s sole discretion, users who are deemed to be repeat infringers. 0-Day Capital may also at its sole discretion limit access to the Site and/or terminate the registrations of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites
The Site may provide, or third parties may provide, links or other access to other sites and resources on the Internet or to third party applications. 0-Day Capital has no control over such sites, resources or applications and 0-Day Capital is not responsible for and does not endorse such sites, resources or applications. You further acknowledge and agree that 0-Day Capital will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such sites, resources or applications. Any dealings you have with third parties found while using the Site are between you and the third party, and you agree that 0-Day Capital is not liable for any loss or claim that you may have against any such third party.
Indemnity and Release
Disclaimer of Warranties
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 0-DAY CAPITAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
0-DAY CAPITAL MAKES NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE.
Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT 0-DAY CAPITAL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 0-DAY CAPITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE OR ANY RELATED INFORMATION; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING USERS) ON THE SITE; OR (IV) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT WILL 0-DAY CAPITAL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED EURO (EUR 100).
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
- Agreement to Arbitrate
- Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND 0-DAY CAPITAL AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND 0-DAY CAPITAL AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
- Pre-Arbitration Dispute Resolution
0-Day Capital is always interested in resolving disputes amicably and efficiently, and most user concerns can be resolved quickly and to the user’s satisfaction by emailing us at email@example.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to 0-Day Capital should be sent to 0-Day Capital S.R.L., 36 Pictor Daniel Constantin Rosenthal Street, #4, room 2, sector 1, Bucharest, Romania, Attention General Counsel (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If 0-Day Capital and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or 0-Day Capital may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by 0-Day Capital or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or 0-Day Capital is entitled.
- Arbitration Procedures
Unless 0-Day Capital and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location in Bucharest, Romania, for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by RCC. If your claim is for $10,000 or less, 0-Day Capital agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the RCC Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the RCC Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
- Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the RCC Rules, unless otherwise provided in this Arbitration Agreement.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
- Future Changes to Arbitration Agreement
You agree that you are solely responsible for your interactions with any other user in connection with the Site and 0-Day Capital will have no liability or responsibility with respect thereto. 0-Day Capital reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Site.