Last Revised: [December 18, 2021]
Effective Date: January 1, 2022.
Welcome to The Startup Sidekick, owned and operated by Build My Unicorn. (collectively, “Build My Unicorn”). The Startup Sidekick is a web-based subscription service that enables you to write and manage your business plans online and track your financial performance. The Startup Sidekick is at times referred to in these Terms of Service as the “Service.”
In order to set up or use a The Startup Sidekick account, you must:
Your use of The Startup Sidekick is governed by these Terms of Service. By using and/or establishing an account at The Startup Sidekick, you (“User”) agree to be bound by and comply with the terms and conditions contained herein.
These Terms of Service comprise a binding legal agreement between you and Build My Unicorn. Please review these Terms of Service carefully. If you represent an organization, your agreement to these Terms of Service shall bind your organization and you hereby represent and warranty that you have the authority to act on behalf of your organization.
By signing up for a The Startup Sidekick account you agree to be bound by these Terms of Service, and you acknowledge that you have read and understood the terms and conditions herein. Clicking on the button to create an account will have the same effect as signing a contract. If you do not agree to these Terms of Service, you should not click on this button or use the Service.
The Startup Sidekick is a web-based subscription service that enables you to write and manage your business plans. It allows you to upload, store, transmit, disseminate, and otherwise distribute content to and from your account (“Content”). Your use of the Service is at your own risk. The Service is provided on an AS IS and AS AVAILABLE basis.
When using The Startup Sidekick, you agree to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time. All such guidelines and rules are hereby incorporated by reference into these Terms of Service. Build My Unicorn may, at its sole discretion, modify or revise these Terms of Service and policies at any time. It is your responsibility as a User to regularly monitor and review the Terms of Service for modifications or revisions. Build My Unicorn may, at its sole discretion, provide you with any notices, including those regarding changes to these Terms of Service, by in-app notification or email. Such notice will be deemed given twenty-four (24) hours after the notification is sent, unless such notice has been sent by email and Build My Unicorn has received notification that the email address is invalid. Alternatively, Build My Unicorn may, at its sole discretion, give you legal notice by mail to a postal address, if provided by you through The Startup Sidekick. In such case, notice will be deemed given three (3) days after the date of mailing. Notice posted on The Startup Sidekick.com is deemed given five (5) days following the initial posting.
By continuing to use the Service after these Terms of Service have been changed (as indicated by the “Last Revised” date at the top of this page), you agree to be bound by such modifications or revisions. If you do not accept and abide by these Terms of Service, you may not use the Service.
You are responsible for your own communications and communications to and from your account with the Service, and for all Content sent to and from your account, stored under your account, and activity that occurs under your account (even when Content is posted by others who have access to your account) and for any consequences thereof or arising therefrom. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules, and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (A) use the Service to upload, store, transmit, or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Build My Unicorn; (B) upload, store, transmit, or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual, or fiduciary rights or obligations; (C) prevent others from using the Service; or (D) use the Service for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of these Terms of Service and your account with The Startup Sidekick and may subject you to legal consequences, both civil and criminal. Build My Unicorn reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of these Terms of Service has occurred or to comply with any applicable law, regulation, legal process or governmental request.
You are responsible for determining whether the Service is suitable for you to use in light of any applicable regulations. If you or your use of the Service is subject to any regulations, then we will not be liable if the Service does not meet those requirements, except to the extent agreed otherwise or as required by applicable law. You may not use the Service for any unlawful or discriminatory activities.
Build My Unicorn takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does Build My Unicorn have any obligation to monitor such third-party content. Build My Unicorn reserves the right at all times to remove or refuse to distribute any Content on the Service, such as content that violates these Terms of Service. Build My Unicorn also reserves the right to access, read, preserve, and disclose any information and Content as it reasonably believes is necessary to: (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce these Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues (including, without limitation, the filtering of spam), (d) respond to User support requests, or (e) protect the rights, property, or safety of Build My Unicorn, its Users and the public.
Build My Unicorn will only retain, use, or disclose the Personal Data processed on behalf of its users for the specific purpose of performing the Services or as otherwise permitted by applicable privacy laws.
Build My Unicorn will not be responsible or liable for the exercise or non-exercise of its rights under these Terms of Service.
The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, services, and all other elements of The Startup Sidekick provided and owned by Build My Unicorn are protected by copyright, trade dress, patent, and trademark laws, international conventions, all other relevant intellectual property and proprietary rights, and applicable laws, and are the property of Build My Unicorn or its subsidiaries or affiliated companies and/or third-party licensors. Except as may otherwise be noted, all trademarks, service marks, and trade names are proprietary to Build My Unicorn or its affiliates and/or third-party licensors.
Build My Unicorn does not claim any ownership in any of the Content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit, or store in your The Startup Sidekick account.
You are solely responsible for your Content and the consequences of uploading, storing, transmitting, or otherwise distributing Content to and/or from your account. Except as set forth in these Terms of Service and the Build My Unicorn's DPA, Build My Unicorn will not use any of Content and Personal Data for any purpose except to provide you with the Services.
By uploading, storing, transmitting, or otherwise distributing Content, you affirm, represent, and warrant that:
Violators of any third-party rights may be subject to criminal and civil liability. Build My Unicorn reserves all rights and remedies against any Users who violate these Terms of Service.
You understand that when using The Startup Sidekick you may be exposed to Content from a variety of sources, and that Build My Unicorn is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Build My Unicorn with respect thereto. Build My Unicorn does not endorse any Content or any opinion, recommendation or advice expressed therein, and Build My Unicorn expressly disclaims any and all liability in connection with the Content.
Build My Unicorn disclaims any and all liability in connection with, or arising from, Content uploaded, stored, transmitted, or otherwise distributed by User. In the event Build My Unicorn receives any information or notice or otherwise has reason to suspect that any Content uploaded, stored, transmitted, or otherwise distributed by User violates these Terms of Service or is harmful, offensive or inappropriate, or violates applicable laws, or infringes any copyright, trademark, or patent, or is alleged to infringe any copyright, trademark, or patent (“Prohibited Content”), Build My Unicorn reserves the right to immediately remove the Prohibited Content without notice to the User and without any obligation to investigate an allegation of infringement. Build My Unicorn further reserves the right, in its sole and unfettered discretion, to remove for any reason whatsoever, and at any time, any Prohibited Content uploaded, stored, transmitted, or otherwise distributed by a User, without prior notice to User, in order to protect or preserve the rights of Build My Unicorn and other Users.
Build My Unicorn further reserves the right to terminate User access to the The Startup Sidekick website in the event User violates these Terms of Service.
Build My Unicorn will not be liable to any User or to any third party for any fees, losses, damage, costs or expenses arising as a result of the exercise of any rights referred to in this Section 8.
By agreeing to these Terms of Service you agree not to:
Build My Unicorn reserves the right to scan all Content to ensure compliance with these Terms of Service. In the event Build My Unicorn determines, in its sole discretion, that your use of The Startup Sidekick is in violation of these Terms of Service, Build My Unicorn shall have the right, without recourse by the User, to immediately terminate your account.
When you use The Startup Sidekick, you may be asked to establish an account and establish passwords. You are solely responsible for maintaining the confidentiality of your account and passwords and for restricting access to your computer and/or account, and you agree to accept responsibility for all activities that occur under your account or passwords.
You agree that the information you provide to Build My Unicorn upon registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft, or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify Build My Unicorn. You may be liable for the losses incurred by Build My Unicorn or others due to any unauthorized use of your The Startup Sidekick account.
The foregoing Additional terms do not apply to (a) Guest Users, (b) Contributor Users, and (c) Users who are billed by third parties (a “Guest User” and “Contributor User” are defined as users who are invited by an account owner to view or contribute to the owner's account). Except for the exclusion set forth in the foregoing sentence, these Terms of Service shall apply fully to Guest Users, Contributor Users, and Users who are billed by third parties.
User (and the organization that the User represents, if applicable) agrees to defend, indemnify and hold harmless Build My Unicorn, its affiliated companies, officers, directors, employees, and agents from and against all claims, demands, suits, costs, damages, and expenses, including but not limited to attorneys' fees and reasonable settlements that Build My Unicorn may sustain or incur by reason of (a) use of The Startup Sidekick website, (b) breach, alleged breach, or violation of the foregoing warranties, representations, and covenants, (c) any violation of any third party right arising from User Content submitted by User, (d) any claim that any User Content submitted by User caused damage to a third party, (e) any allegation or claim that Use of The Startup Sidekick by Users constitutes a securities violation in any jurisdiction, or (f) any other violation of these Terms of Service. The obligations of the User (and the organization that the User represents, if applicable) to defend, indemnify, and hold harmless Build My Unicorn shall survive these Terms of Service.
USE OF The Startup Sidekick SHALL BE AT USER'S SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Build My Unicorn, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH The Startup Sidekick AND USE THEREOF.
Build My Unicorn ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF WEBSITE CONTENT, (II) PERSONAL INJURY OR DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ACCESS TO AND USE OF The Startup Sidekick, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE The Startup Sidekick WEBSITE BY ANY THIRD PARTY, AND/OR (IV) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA The Startup Sidekick.
Build My Unicorn DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH The Startup Sidekick OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. Build My Unicorn WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN A USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
USER (AND THE ORGANIZATION THAT THE USER REPRESENTS, IF APPLICABLE) AGREES NOT TO HOLD Build My Unicorn, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS LIABLE FOR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL, INCURRED AS A RESULT OF USER'S USE OF The Startup Sidekick (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM USER'S ACCESS TO AND USE OF The Startup Sidekick, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM The Startup Sidekick, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH The Startup Sidekick BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USER'S USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA The Startup Sidekick, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Build My Unicorn IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE (OR YOUR APPLICABLE ORGANIZATION IS DOMICILED) IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS OF SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
In the event of a security breach that may affect you or any of the Users on your account, we'll notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to any of the Users on your account, you agree to promptly do so.
The Startup Sidekick works on the most recent version of the following browsers: