LAST AMENDED: 15/11/2022
Thank you for using OptIn! These Terms of Service (“[b]Terms[/b]”) are a binding agreement between You and the company “OPTIN PC” (“OPTIN”), established under the laws of Greece, having its corporate seat at Dorkada Thessaloniki, 57017, Greece, with Tax Reference Number 801764988, regarding the use of the services & features of the platform (optin.com.gr) (“Platform”). The terms “OPTIN”, “We”, “Us” hereinafter refer to either the company OPTIN PC or the Platform.
OPTIN is a Platform that offers easy-to-use tools to manage equity and share ownership. The Platform provides indicatively inter alia the possibility to create and manage Option schemes, to manage Digital Equity, to perform Shareholders Communications, to support Liquidity and upload supporting Documents, by inserting, assessing and managing the proper data regarding a certain company (“the Service”). The Platform has been developed to be used by legal entities, irrespective of size and industry enabling them to share ownership and facilitating them in investment decisions. BEWARE, the content of the Platform is provided for information purposes. It does not constitute business, credit or investment advice and shall not be the sole basis for business, credit or investment decisions. The natural persons that create an account and sign in to the Platform (“Users”) are presumed to be legally representing the legal entity for which they sign in to the Platform, pay the subscription and fill in the necessary questionnaires and provide the relevant data.
These Terms apply to the Users and the legal entities they represent.
The use of the Platform is governed by these Terms, that the Users shall carefully read. The use of the Platform means the unconditional acceptance of the Terms. If the User does not agree with the Terms or does not legally represent a legal entity, We request to NOT USE THE PLATFORM AND THE SERVICE. If the use of any part of the Platform is regulated by special terms or notices (i.e. for the collection of personal data), please read the respective special terms or notices.
1. General Terms
1.1 The Platform - Scope
The Platform provides the Users with an easy, user-friendly presentation of the ownership structure of each company via a dedicated structured company page. The Platform aspires to facilitate equity management and ownership sharing, being a useful tool in the process of analysis and investment decision making while enabling companies to address potential obligations stemming from the applicable regulatory framework.
1.2 General Terms
By agreeing to these Terms, you represent that you are at least of age of majority to do so in your country, and that you currently have full legal capacity in your country, state or district of residence to perform any action related to the service. You may not use our products for any unlawful or unauthorized purpose, nor may you, in using the Service, violate any law in your jurisdiction (including, without limitation, copyright and royalty laws).
Violation or breach of any of the Terms will result in immediate termination of the Services provided to you by OPTIN.
1.3 Your rights under conditions
OPTIN grants you a personal, universal, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service as intended by the Platform and permitted by these Terms. Therefore, you agree not to:
−use the Service or any content included in the Platform for commercial purposes without our written consent.
−copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Services without our prior written consent.
−express or imply that any statements you make are endorsed by Us.
−use the Services in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
−"frame" or "mirror" any part of the Service without our prior written authorization.
−use meta tags or code or other devices containing any reference to Us or the Service (or any trademark, trade name, service mark, logo or slogan of OPTIN) to direct any person to any other website for any purpose.
−modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services, or prompt others to do so.
−probe, scan or test the vulnerability of our Services or any system or network.
−encourage or promote any activity that violates these Terms.
We may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Service, including termination of your account.
1.4 Rights You grant to OPTIN
By creating an account, as described below under 2.1, You grant us a universal, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, modify, any information you post, upload, display or otherwise make available (collectively, "post") on the Platform or transmit to other users of the same company page (collectively, "Content"). The license of OPTIN to your Content shall be non-exclusive, except from the derivative works created through use of the Service.
Our license to Your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Services and researching and developing new ones. You agree that any Content You post or that You authorize Us to post on the Platform may be viewed by other Users of the same company page visiting or participating in the Service.
You agree that all information that you submit during the creation of Your account is accurate and truthful and you have the right to post the Content on the Platform and grant us with the license above, on behalf of the legal entity You represent.
You agree that you are responsible for the files you share with Us and are Your intellectual property and in no case infringe any third-party rights. OPTIN has no responsibility regarding the content, as well as for any issue that arises regarding it. Furthermore, the User undertakes to cover any damage (including any costs, judicial or other) that OPTIN may suffer from claims of any third party, which are related in any way to the display of the above files.
You understand and agree that We or our third-party associates, as described under 2.8, 2.12 and 2.13, may monitor for technical purposes any Content you post as part of the Service. We may delete any Content, in whole or in part, that, in our sole judgment, violates these Terms or may harm the reputation of OPTIN.
When communicating with Our customer care representatives, You agree to be respectful and kind. If We feel that Your behavior towards any of Our customer care representatives or other employees is at any time threatening or offensive, We reserve the right to immediately terminate your account.
You agree that We, our affiliates, and our third-party partners may place advertising on the Platform.
You agree that We may use your logo for promotional purposes in our website and our external communications.
By submitting suggestions or feedback to Us regarding our Service, You agree that We may use and share such feedback for any purpose without compensating You, as described under 1.4.
Please be informed that We may access, store and disclose your account information and Content if required to do so by law, or in a good faith belief that such access, storage or disclosure satisfies a legitimate interest, including to: (i) comply with legal proceedings; (ii) enforce the Terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to Your requests for customer service; or (v) protect the rights, property or personal safety of Global OPTIN or any other person.
You agree that any feedback, reviews, suggestions, ideas, or other information or materials regarding the Platform or your experience, irrespective of the way You provide it to Us, ("Feedback"), are non-confidential and shall become property of OPTIN. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledging or compensating anyone who is in any way involved with it. Hearing Users’ feedback is within the context of Our operation, but please do not share your feedback with Us if you expect to be paid or want to continue to own or claim rights on them.
The Platform May contain hyperlinks to third party websites, that are solely responsible for the content they display and the respective accountability for the security of the websites, the lawfulness and the credibility of the content.
Products, services and content displayed in third party websites, which may be displayed through the Platform, are the intellectual property of the said third parties, which bear the responsibility to not infringe other parties’ rights. OPTIN is neither responsible nor liable for such third parties' terms or actions.
OPTIN may not -and is not obliged to- monitor the security of the websites and services provided by third parties, for which a hyperlink is included in the Platform. The Users must directly communicate with the third parties for any queries or any other topics related to the websites and comply with the third party terms. OPTIN may always revoke any hyperlink from the Platform.
1.7 Copyright and Trademark Notices
The graphic logo and all other product or service names or slogans displayed on this Platform are registered and are legal trademarks of OPTIN and/or of its suppliers or licensors, associates, members of the OPTIN network and may not be copied, imitated, or used, in whole or in part, without the prior written permission of OPTIN or the applicable trademark holder.
In addition, the design of this Platform including the content of the Platform, all page headers, custom graphics, button icons and scripts, constitute intellectual property of OPTIN and may not be copied, imitated, or used, in whole or in part, without Our prior written permission. All the above are protected by Greek and EU intellectual property laws. The User accepts that the whole content of the Platform constitutes intellectual property of OPTIN or third parties (used under specific license) and any unauthorized use of it may lead to fines and other penalties.
All other trademarks, registered trademarks, product names and company names or logos mentioned in this Platform are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by OPTIN. OPTIN, always in accordance with the principle of good faith and with the relevant transactional ethics, makes every effort to ensure that the content and information that appears each time on the Platform are as accurate as possible, but does not bear any responsibility for their credibility.
If you are aware of an infringement of either your brand or our brand, please let us know by e-mailing us at firstname.lastname@example.org.
1.8 Personal data protection
Personal data processing of the Platform Users’ is conducted according to the Platform’s Privacy Notice and Cookies Notice, which are available in the Platform, as well as the provisions of the applicable Greek and EU legislation mainly Law 4624/2019, Regulation (EU) 2016/679 (GDPR), Law 3471/2006, and any other specific law about personal data protection in the financial sector that may apply.
1.9 Revision of Service
We always seek to improve the Service we have developed to provide you with full functionality. This means that We may add new elements or improvements at times or erase others. If these changes do not significantly impact Your rights or obligations towards OPTIN, We may not inform You. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Platform or via email. Moreover, it may be necessary for Us to stop Our Service permanently or temporarily. We will promptly inform You in this case, unless extreme circumstances, such as security reasons, prohibit Us from doing so.
1.10 Revision of Terms
We may make changes to these Terms from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of these Terms will be posted on the relevant section of the Platform, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Platform or via email. If you continue to use the Platform after the changes become effective, then you agree to the revised Terms.
1.11 Entire Agreement- Severability
These Terms, alongside with the Privacy Notice, Cookies Notice, and any Terms disclosed and agreed to by You if You purchase additional features, products or services We offer, constitute the entire agreement between You and OPTIN regarding the use of the Service. If any provision of these Terms is held to be invalid, the remainder of these Terms shall continue in full force and effect. The failure of OPTIN to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
We may transfer Our rights and obligations based on these Terms. These Terms shall apply in benefit of Our successors or licensees. You agree that Your account is non-transferable and Your rights on Your account terminate in the event that the legal entity You represent is solved. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms and you may not make any representations on behalf of or bind OPTIN in any manner.
1.12 Users/Legal Entities Obligations
The legal entities/Users of the Platform shall understand and comply with any legislation, special regulations and protocols applicable to their industry. It is highly recommended that Users study the applicable legislation to be aware of their obligations. The information We provide regarding ownership are for information purposes only and the legal entities/Users are separately responsible to monitor their obligations and comply with them. If the Users have queries regarding the implementation of the legislation, they must always seek legal advice.
1.13 Limitation of Liability
OPTIN always seeks to provide the Service with the maximum level of accuracy, availability and completeness. OPTIN does not guarantee, nor does it undertake any responsibility regarding the security and the content of the Platform.
The Users assess the content of the Platform and are responsible for any risk stemming from the use of this content, including any decision based on the content of the Platform. OPTIN is not liable for any damage caused by such actions of the Users.
To the fullest extent permitted by applicable law, in no event will OPTIN, its affiliates, employees, licensors or service providers be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, loss of profits, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (i) your access to or use of or inability to access or use the Services, (ii) the conduct or Content of other members or third parties on, through, or following use of the Services; or (iii) unauthorized access, use or alteration of your Content, even if OPTIN has been advised of the possibility of such damages. In no event will OPTIN’s aggregate liability to you for all claims relating to the Services exceed the greater of the amount paid, if any, by you to OPTIN for the Services.
The Platform and the Service is provided on an “as is” and “as available” basis and to the extent permitted by applicable law, OPTIN grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the Services (including all content contained therein), including, without limitation, any implied warranties of satisfactory quality.
1.14 Indemnity by You
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless OPTIN, Our affiliates, and their and Our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees due to, arising out of, or relating in any way to Your access to or use of the Service, Your Content, or Your breach of these Terms.
1.15 Governing Law and Choice of Forum
These Terms shall be governed by and construed in accordance with the laws of Greece, the applicable EU legislation and the international law. You agree that any action at law or in equity arising out of or relating to your use of the Platform or these Terms shall be filed only before the courts of Thessaloniki, Greece and you hereby consent and submit to the jurisdiction of such courts for the purposes of litigating any such action.
2. Special Terms for the Platform
2.1 Account creation
You may browse through the website as a guest, but You may only use the Service provided by the Platform by creating an account. To create an account, You must book for a demo and then if you proceed with subscribing to the Service, you should provide User and legal entity’s data. By creating an account, You verify that You understand these Terms, the Privacy Notice of the Platform.
To create an account, You must also register a password or request an automatically generated password to be provided to You. You must verify Your email address, following the procedure We implement. During Your first log in, You might need to change Your password. You may also be requested to change Your password at times for security reasons.
You are responsible for the security and confidentiality of Your login details to the Platform. You are solely responsible for any activity that takes place with this information. If You believe that a third party may have access to Your account, please inform Us as soon as possible.
The User must legally represent a legal entity of one of the following forms:Société Anonyme (S.A.)
Limited Liability Company
Private Limited Company
Closed Limited Partnership
Club or association
European Economic Interest Grouping (EEIG)By creating an account and using the Service, You guarantee that:
You can enter into a binding agreement with OPTIN, representing a legal entity,
You have not been prohibited from using the Service according to the applicable legislation,
You will comply with these Terms and all applicable regulatory framework.
2.3 Payment Terms
When the User decides to join the Service it will be requested to activate its subscription. The User should then pay its subscription fee, according to this term via a debit/credit card. The fee shall be charged at the initiation of the onboarding procedure. The annual fee shall be automatically renewed until the User stops its subscription or deletes its account.
The payment is processed through a third party. OPTIN does not bear any responsibility for unsuccessful payment and any damage caused during the payment procedure.
2.4 Subscription Termination – Account deletion
You may terminate Your subscription and/or delete Your account at any time for any reason, sending an email to Us or deleting Your account, following the procedure in the Platform.
If You terminate Your subscription prior to its end date, the subscription shall be in force until the next payment due date.
OPTIN may delete your account at any time, if We believe that You have infringed these Terms. You may not request any indemnification if Your account is terminated for this reason. If your account is terminated for any reason these Terms shall cease to apply except from Terms 1.3-1.13.
2.5 Data Input – Data Accuracy
The data input in the Platform is performed by the User on behalf of the legal entity. The Platform provides the option for several data inputs to share ownership, analyze trends and set goals. For each set of data inserted by the User, the User may upload supporting documents (pdf file, photo png file).
The User is fully responsible for the accuracy of the data it inserts in the Platform. Any attempt to deliberately inaccurate data input constitutes a violation of these Terms.
If You believe that a User/Legal entity registered with an account in the Platform is violating these Terms in any way, You may contact us at email@example.com.Contact: For any enquiries regarding the Platform, You may contact Us via email at firstname.lastname@example.org.