Terms of Use

1. General provisions

These Terms of Use are a contractual model and specify the terms, conditions and manner of providing the Service by the Service Provider to the User. The precondition of providing the Service is reading and accepting the provisions of the Terms of Use. By clicking the "Sign Up" button or by registering through your own account on Meta Platforms, Inc. and Google. Inc, by subscribing to and/or reserving a product, or by continuing to use the Prelaunch.com website you accept the Terms of Use.
The owner of the Site prelaunch.com and the domain prelaunch.com is Prelaunch Group Inc., registered office at 2055 Limestone RD STE 200-C, Wilmington, Delaware.
The terms used in these Terms of Use shall be defined as follows.
Platform — an on-line platform operated by the Service Provider, functioning through the website prelaunch.com, enabling the provision of the Service.
Service Provider — Prelaunch Group Inc., registered office at 2055 Limestone RD STE 200-C, Wilmington, Delaware.
Service — a service provided electronically via the Platform by the Service Provider to the User in accordance with the provisions of the law and on the principles set out in the Terms of Use.
Landing Page — a User's website created by means of the Platform, which assists the User in conducting validation campaigns on the Internet. This page is displayed to the visitor as a result of marketing activities undertaken by the User, as well as the result of Prelaunch’s Concierge Service, Prelaunch’s Newsletter, Prelaunch’s Marketplace, or as the result of search engines. The content of the Landing Page is created and maintained by the User (or in specific cases, Prelaunch’s Concierge Service) according to the rules specified in the Terms of Use.
Agreement — an agreement for the provision of the Service concluded between the User and the Service Provider on the terms specified in the Terms of Use.
User — the Consumer or Entrepreneur who has registered with the Platform. The User may pay for the Account, and delete the Account. The Users acknowledge that the accounts created on the Platform may be used as Consumer category and Entrepreneur category, enabling the Users to benefit from the possibilities provided to Consumers and Entrepreneurs via one account.
Visitor — any person who visits the Site, who does not create or hold an account on the Site, who however, can use certain features of the Platform, such as subscribe to or reserve Products, take part in the surveys conducted on the Site, etc.
Entrepreneur — a category of the User, being a natural person running a business on his/her own behalf or a natural person representing a legal person or an organizational unit without legal personality, who is legally capable of concluding an Agreement with the Service Provider.
Consumer — a category of the User, being a natural person having full legal capacity, who has intention to use the Platform and review the Products offered by Entrepreneurs, provide consumer feedback, subscribe to and reserve the Products, make deposits for the reservation of the Products or exercise other actions provided by the Platform.
Product — products offered by the Entrepreneur to the Consumers for reservation on the Platform operated by the Service Provider, by using of which the Entrepreneurs may receive financing and receive user feedback. These products may or may not eventually get manufactured and sold, regardless of the results of their performance on the Platform.
Plan — a set of functionalities of a given Entrepreneur Account specified in the Price List.
Price List — a list of prices for the provision of the Service for Entrepreneurs within the scope specified in the Plans, constituting an integral part of the Agreement. The Price List is available to the User after logging in to the Platform and the Site under the link prelaunch.com/pricing.html.
Account — a set of resources and settings saved in the Service Provider's database for the User as part of its use of the Service. Access to the Account is possible after logging in. The Account allows you to use the Service provided by the Platform.
Terms of Use — this document together with the privacy policy and the data processing agreement, which are an integral part of the Terms of Use.
Site — the site of the Service Provider, available at www.prelaunch.com, which provides access to the Platform.
Project Status — The statuses a Entrepreneur’s project can be in:some text
1. Draft — Used from the time a project is created until it is Submitted for In-Review on Prelaunch. The Entrepreneur is able to edit the Landing Page and the Reservation Page during this time, with no effect on the Validation results;
2. In-Review — Once the Entrepreneur submits their project for review. During this time, usually no more than 2 business days, the Prelaunch team will review the page to ensure it meets the Prelaunch platform’s standards. If it is Approved, it will be moved into the Approved status automatically. If it is not Approved, it will be moved back into the Draft status. While this status is active, the Entrepreneur will not be allowed to edit the pages of their project;
3. Approved — This status is reserved for projects that have passed the In-Review status and have been approved by the Prelaunch team. While this status is active, the Entrepreneur will be able to edit their pages — without changing the project fundamentally from that which was Approved by the Prelaunch team — and go Live;
4. Live — This status is reserved for Approved projects that have been taken Live by the Entrepreneur. While this status is active, the Product Page will be publicly available, searchable via search engines (once it has been indexed, a timeframe which is out of control of the Prelaunch platform), and available on the Prelaunch Marketplace (bar case-by-case agreements with the Prelaunch team). While this status is active, data will be gathered on every Visitor and shown in the Entrepreneur’s Product’s dashboard. While this status is active, edits to the product pages are possible, but any significant changes will affect the results and it is therefore recommended for changes to be run under a new iteration;
5. Launched — This status is reserved for projects that have become available for full purchase outside of the Prelaunch platform. This status will only be used when the Entrepreneur is ready to accept purchases, and can offer the discount offered to Reservees on the Reservation Page. The Entrepreneur must provide a URL to the Webpage where Consumers will be able to purchase the product and claim any relevant discounts. This URL will be reviewed and approved by the Prelaunch team. When this status is activated, an automated email will be sent from the Prelaunch platform to all Consumers who showed their interest in the Product, with a link to where they can purchase it. Further instructions should be provided by the Entrepreneur to all Consumers who left a Deposit, on how to claim their Discount. While this status is active, no further changes to the Product Page should be made;
6. Canceled — This status is activated when the Entrepreneur chooses to Cancel their project. It can be activated while the following statuses are active: Live and Launched. In this case, the project will not be publicly accessible via the web browser for Visitors to see, edits will not be possible. The dashboard and settings will still be available and the project will not be deleted automatically;
7. Suspended — This status is reserved for use by the Prelaunch team, and is used in cases where a project failed to meet the terms in this document or any other further communication with the Prelaunch team. In this case, the project will not be publicly accessible via the web browser for Visitors to see, edits will not be possible. The dashboard and settings will be accessible. To get a project out of this status, reach out to the Prelaunch team;
8. Deleted — This status is reserved for projects that are deleted by either the Entrepreneur or the Prelaunch team. In this case, the project will not be publicly accessible via the web browser for Visitors to see, edits will not be possible, the dashboard and settings will be unreachable, and no further action will be possible by the Entrepreneur.
Prelaunch Scores — The Concept Validation, Price Validation and Prelaunch Score metrics shown on an Entrepreneur’s Product Dashboard. These are based on 30+ metrics gathered from Visitors when they navigate a Product Page, and use proprietary algorithms to estimate a project’s potential based on previous performance and benchmarks on the Platform. These scores are educational indicators of potential, and should in no way be understood as guarantees of success or failure. Any action committed based on these scores is entirely the responsibility of the Entrepreneur. Further analysis, research and marketing efforts may be needed to understand the risks and rewards of launching.
Deposit — Financing done by the Consumer for the purpose of reservation of the right to further purchase of the Product at the discounted price, as indicated on the Platform, which is held on the escrow account of the Service Provider.
Discount — The reduction of the price of the Product, provided by the Entrepreneur to the Consumer for the Deposit paid.
Refund — The refund of the Deposit to the Consumer, in cases provided for by the Terms of Use.
Landing Page — Also referred to as Subscription Page, is the Product webpage where Visitors and Consumers can see the relevant information about the Product. The Price, Deposit amount and Discount shall not be included on the Landing Page.
Reservation Page — Once a Visitor or Consumer has subscribed to a Product by leaving their email address on a Product’s Landing Page, they are automatically redirected to the Product’s Reservation Page. Here they can see the Product Price, Discount and Reservation Deposit amount. From here, they can choose to continue and reserve the product at a discount by making a payment and leaving a deposit or answer a survey regarding why they don’t want to reserve it.
Payment Page — The page provided by Prelaunch’s Payment Provider(s), where Visitors fill in their payment details and confirm the payment of the Reservation Deposit.
Subscription — When the Consumer leaves their email address on a Product Landing Page to register interest in the Product.
Reservation – The reservation made by the Consumer which enables the Consumer to further purchase the Product at the discount price, as provided on the Platform.
Marketplace — The public page(s) on the Prelaunch platform where Entrepreneurs’ products are displayed together, and from where Visitors and Consumers will be able to visit the Product page.
Surveys — Any form of questionnaire provided by the platform to collect more information about Users and Products, to improve audience and product insights. Results may be shared with relevant Entrepreneurs.
Newsletter — A periodic communication, typically in electronic format, containing information, updates, promotions, or other relevant content related to Prelaunch products, services, or the general subject matter of the Prelaunch platform. Subscribers to the newsletter may receive it via email. Unsubscribing from the newsletter may be done in the Newsletter itself, or via a User’s Notification Settings.
Email Communication — There are a number of different forms of email communication that Users may receive from Prelaunch:some text
1. Marketing Emails — Communications sent via electronic means, such as email, with the primary purpose of promoting and advertising Prelaunch products, services, or offerings. Marketing Emails may include information about special offers, promotions, new features, events, and other commercial content aimed at engaging recipients and encouraging business interaction. Users who have opted to receive Marketing Emails from us may expect to receive such communications periodically, as per their specified preferences. Unsubscribing from Marketing Emails may be done via a link in any of the Marketing Emails, or via a User’s Notification Settings;
2. System Emails — These are system emails that provide important information regarding transactions, purchases, reservations, deposits, and other account actions initiated by the User. These emails can’t be unsubscribed from, as doing so will prevent you from reliably using the service.
Cancellation — The termination or discontinuation of a project and/or Product initiated on the Platform, as initiated by either the User or the Service Provider.
Third-Party Integrations — External software, services, applications, or tools integrated into the Prelaunch platform or services that are not developed or controlled by us. These integrations may be facilitated to enhance and expand the functionality of the Prelaunch platform, providing additional features or services. Users acknowledge that third-party integrations (such as Google Analytics, Typeform etc.) may be subject to their own terms of service, privacy policies, and conditions, and the usage of such integrations is governed by the terms and conditions provided for by third-party service providers. We are not responsible for the performance, content, or security of third-party integrations. The Users hereby consent that by continuing the use of the Platform, they agree to the terms and conditions, privacy policy and other legal documents of third-party service providers. The Users agree that the Platform may from time to time use other third party integrations for the purpose of improvement of the services provided to the Users and that the legal documents of third parties will be applicable to the Users.
Launch — any one of but not limited to the following: the product becomes available on crowdfunding sites like Kickstarter or Indiegogo, on an ecommerce site like Amazon or Shopify, in a physical store, or anywhere where users can pay the discounted price. This also includes pre-orders and other purchase forms that don't necessarily imply immediate delivery.
Detailed information about the Service can be found at prelaunch.com, as well as provided by the Service Provider by email in response to an enquiry sent by the User to the email address: support@prelaunch.com.
Users may contact the Service Provider by email: support@prelaunch.com.

2. Technical requirements

In order to use the Site and the Platform, the User must meet the following technical requirements:

Have a computer, laptop, or other devices with Internet access;
Have access to electronic mail;
Use any web browser. It is recommended to always use the latest version of the web browser to enjoy full potential of the Platform;
Enable cookies in the browser;
Disable any external extensions and plugins that alter the browsing experience from the standard browser.

Support and technical assistance are provided by the Service Provider in the following forms:

Via email at support@Prelaunch.com, in which case the answer to the query is usually received within 2 business days from the moment of receipt of the query by the Service Provider;
Via the in-platform chat, available 24/7. The assistance via the in-platform chat will be provided to the User within 2 business days. The Platform is entitled to send the answers to the questions raised via the in-platform chat, by sending an email to the email address provided by the User on the Platform;
The Service Provider provides support only for the Service.

3. Service provided by the Platform

3.1 Services provided to the Users

Changes to the Plans do not constitute an amendment to these Terms of Use. The Service Provider informs about changes to the Plans by means of notification. The notification may be sent to the email address communicated or by notifying on the updating of the Plan on the Platform. Changes in payments for the Service and changes to the Plans do not affect already concluded Agreements, which remain active under the previously applicable rules until the end of the nearest active settlement period; and after its expiry and renewal of the Payment Plan, these rules are automatically subject to change and modified Plan shall be applicable. If the Entrepreneur purchases the Service for the next billing period — the updated Plan shall apply.

Through the Platform, the Service Provider offers additional services.

The Platform provides a possibility to integrate the Account with selected services of external providers (e.g. Meta Business Accounts for advertising purposes, etc.). The list of external providers may vary from time to time, without necessity to modify the Terms of Use. The services of these providers are not provided by the Service Provider. The possibility of using the services of external providers may be limited under the regulations of these entities. Upon integration with the external service, the User consents to the exchange of the User’s information and data (not excluding confidential information) between the Service Provider and the provider in order to enable the User to benefit fully from integration. The integration is done by the User or the Service Provider. The Service Provider reserves the right to integrate with a number of services, such as Stripe, Facebook, Google Analytics, etc.

3.2 Services provided when creating a Product

The Service Provider provides a Platform accessible for the Entrepreneurs, allowing the Entrepreneur to publish Products on the Platform.
The Service Provider enables a possibility for the Entrepreneur to make the Products visible for the Users.
The Service Provider enables the collection of Deposits on behalf of the Entrepreneurs, which are safeguarded on an escrow account of the Service Provider and are transferred to the Entrepreneur, subject to satisfaction of conditions of delivery stipulated by the Terms of use.
The Service Provider facilitates the collection of user feedback through surveys and/or other interactive tools. This includes the receipt of the User preferences, pain points, and expectations.
The Entrepreneurs may integrate their Account with selected services of external providers. The services of these providers are not provided by the Service Provider. The possibility of using the services of external providers may be limited under the regulations of these entities. Upon integration with the external service, the User consents to the exchange of the User's information and data (not excluding confidential information) between the Service Provider and the provider in order to enable the Entrepreneur to benefit fully from integration. The integration is done by the Entrepreneur.
The Service Provider offers, through the Platform, access to the Service and use of the Service in accordance with the Terms and Pricelist. Through the Platform, the Users may use tools generating a Landing Page, Reservation Page and Survey Page. The functions of the Platform depend on the Plan selected and paid for. The Service has limits of parameters differentiating the Plans and the amount of payment. A full description of the functionality of the Service, as well as the parameter limits and price, is specified in the Price List.

The dashboard provided to users is specific to their individual projects, with its generation and data population managed by us using information collected from their respective landing pages. Users understand and acknowledge that the marketplace, where their projects are showcased, is under Prelaunch’s exclusive control. The placement and visibility of their projects within the marketplace are determined solely by us, and users agree that they have no influence over the decision-making process regarding the presentation or absence of their projects within the platform.

The Platform provides a right for the Users, who create a Product on the Platform to delete the Product any time prior to the launch of the Product. The Users agree that in case of deletion of the Product, the funds transferred to the reservation of the Product will be reimbursed to the Consumers within the time period mentioned in this Terms of Use. The Users accept and acknowledge that in case of deletion of the Product the Platform reserves the right to decline the further acceptance of the Product on the Platform, if the essential terms of the offer are different from the original offer, which was deleted by the User.
The Users undertake that in the event the Users choose to delete a Product from the Platform, the Users will not publish, reproduce, or make available the same or substantially similar project on any other platform for a period of six (6) months from the date of deletion.

3.3 Services provided when interacting with a Product

The Service Provider enables the Consumer to generate a personal account for the access to the Services offered by the Service Provider

The Service Provider provides access for the Consumer and Visitor to view, review, subscribe to and reserve the Products offered by the Entrepreneur.

The Service Provider provides a possibility for the Consumer to finance the Products published by the Entrepreneur, by making Deposits. The financing of the Entrepreneur means the right to purchase the Products offered by the Entrepreneurs in future according to the terms offered by the Entrepreneur (at a discount, with additional services or products bundled together, etc.). In order to participate in the financing of the Product, the Consumer shall make the payment of the sum indicated on the Platform, which is considered as the Deposit for the future purchase of the Products. For avoidance of doubts, the Deposit is held on an escrow account of the Service Provider and may be transferred to the Entrepreneur subject to satisfaction of delivery conditions stipulated by the Terms of Use.

The Consumer has, at any time, the right to cancel the Reservation and request the reimbursement of the Deposit with no reason. The request of reimbursement shall be provided by the mechanism, indicated in clause 7 of the Terms. Upon receipt of the request of reimbursement, the Service Provider will transfer the amount of financing to the Consumer within 10 business days by a transfer to the bank account or credit card or other account of the Consumer.

The Consumer acknowledges that the Service provider is not responsible for the delivery of the service or product offered by the Entrepreneur. The delivery of the service or product to the Consumer is done by the Entrepreneur. The Service provider does not have any possibility of controlling the delivery of Products.

4. Delivery of Products

The Service Provider acts as an intermediary for the Entrepreneur and the Consumer, enabling (1) for the Consumer to have access to the Products offered by the Entrepreneur and (2) for the Entrepreneur to receive validation of the Product, receive consumer feedback, and finally to raise financing for the Products.
The Service Provider does not undertake any responsibility for the delivery of Products offered by the Entrepreneur.

In case of idea validation and future sales of the Products, for which the Consumer has made the Deposit, the Entrepreneur undertakes to organize the delivery of Products to the Consumer at its own cost, by the means agreed with the Consumer in advance. The Entrepreneur is obliged to sell the Products to the Consumer at the discounted amount, as provided on the Platform and ensure the delivery of the Products to the Consumer not later than within 2 years from the moment of the reservation of the Product by the Consumer. This delivery time period is reduced to 1 year for digital products and services.

The Entrepreneur undertakes and obliges to inform the Service in advance on the delivery date of the Products and the means of transport if applicable.

The Entrepreneur acknowledges and accepts that the payment of each Consumer received via the Platform will be transferred to the Entrepreneur and will be available for them after the provision of proof of delivery to the corresponding Consumer. For the application of the mentioned clause, the proof of delivery shall be the bill of lading, indicating the name of the Consumer and the date of delivery.

The Service Provider reserves a right to refuse the transfer of the funds in case a notice is received by the Consumer, mentioning one the following (i) the failure to receive the products (ii) receipt of a product not corresponding to the description mentioned on the Platform (iii) failure of the Entrepreneur to provide a discount to the User (iv) failure of the Entrepreneur to deliver the product within 1-2 years of the Consumer’s reservation date, as stipulated in clause 4.3.
In case if the Entrepreneur fails to deliver the Products to the Consumers, who had paid the Deposit, which is the result of either (i) the Product getting canceled or (ii) the failure of the Entrepreneur to deliver the Product to the Consumer within 2 years from the moment of the payment for the Product by the Consumer, the Platform shall reimburse the Consumer the totality of the Deposit, within 10 business days upon the cancelation of the Product by the Entrepreneur or the delivery limit date.

5. Terms of concluding the agreement

By accessing or using this website, you acknowledge that you have read, understood, and agree to be bound by the Terms of Use outlined herein. If you do not agree with any part of these terms, please do not access or use this site.

The Platform may provide a possibility of the registration on the Platform or by the registration by external providers, such as Meta Inc., or Google.com.

It is not allowed to provide false data during the registration process or to create an Account using a machine.

The Account contains the data provided by the Account Holder during the registration process, as well as information submitted on the Platform, prior to the registration, which includes without limitations information on subscriptions and reservations. In the event that any of these data are subsequently changed during use of the Platform, the Account Holder is obliged to update them immediately, using the relevant form available on the Platform.

Registration on the Platform and use of the Platform with a FREE PLAN is free of charge for Consumers.

Registration on the Platform and use of the Platform with a FREE PLAN is possible for Entrepreneurs within limits defined in the Pricelist. After exceeding the limits provided in the Pricelist, the available data will be limited to the maximum provided for by the existing Plan. In order to have access to full data, the User shall upgrade the existing Plan.

Mere registration on the Platform shall not create an obligation on the part of the User to pay any amount of money to the Service Provider.

6. Terms of Agreement

The Agreement shall be concluded at the time indicated in clause 5(1) above and shall continue until it is terminated by notice of termination given by the Service Provider or User, in the form and under the rules set out in this paragraph.

The User shall be entitled to terminate the Agreement at any time immediately. The Users agree and acknowledge that if they have any paid-up Plan, the Platform will make no reimbursement in case of early deletion of their Users and termination of the Agreement.
The User, in order to submit a notice of termination of the Agreement, should choose the "Delete Account" action on the Platform.
After choosing the "Delete Account" action in the Platform, the data contained in the Account shall be deleted with an immediate effect.
The Service Provider may refuse to delete the data contained in the Account if the User has failed to fulfill his obligation undertaken within the framework of activity on the Platform or if he or another User has violated these Terms of Use or the binding legal regulations, and the preservation of the User's data is necessary to clarify these circumstances and establish the User's responsibility. If the Account has been deleted as a result of the Service Provider's decision, the User cannot register again on the Platform without the Service Provider's prior consent. Re-registration without the consent of the Service Provider shall result in deleting the Account. For the purpose of this clause, re-registration shall also include cases of the registration of the same person under the name of another person or the registration by using of another email.
The Service Provider is entitled to terminate the Agreement, which shall be performed by:

deletion of the Account in case of failure to purchase and pay for the Plan within 90 days from the last day of the billing period, if no further payment has been made. In case, if the payment has not been done within 90 days from the last day of the billing period, the Platform may automatically downgrade the User to a free version, in which case the User will not be entitled to the feature provided for in a paid tier.

deletion of the Account in the case of a culpable violation of the Terms of Use by the User, following the procedure indicated in clause 8.4 of the Terms of Use.

The Consumer may withdraw from the Agreement without giving any reason by deleting the Account.

The right to withdraw from the Agreement shall not apply if the service is purchased and the User has agreed to it. In such a case, the Service Provider, with the express consent of the consumer, shall provide the service and deliver it within the scope of functionality provided for the purchased Plan. Before such performance begins, the User shall be informed that the purchase of the Plan means the beginning of its performance and loses the right to withdraw from the Agreement.

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7. Rights and obligations of User

The User has the right to:

manage his/her Account (edit data);
choose Plans;
use the Site or Platform in accordance with the Terms of Use and generally applicable law;
send enquiries to the technical support department or raise complaints;
Cancel the Product introduced on the Platform any time prior to the official launch of the Products, if the User has any Product on the Platform.

The User undertakes to:

use the materials, personal data or digital content, as appropriate, in respect of which he has full right to use them;

check in advance whether it meets the technical requirements for use of the Platform;

not to use the Platform in a manner that disrupts the functioning of the Service;

not to use the Platform in a manner that violates the applicable legislation;

take care of linguistic correctness, avoid vulgarisms, not place hyperlinks to websites whose content may violate the provisions of the Terms of Use or applicable legislation;

use the Platform in accordance with the purpose, applicable legislation, provisions of the Terms of Use and the principles of social coexistence. It is forbidden to use the Service in order to carry out terrorist, sabotage or other criminal activities, as well as to commit any violations of the applicable legislation or commit any tort, including, in particular, posting material that offends any person or violates their rights, or that contains threats or invectives, promoting hatred of or in any way harassing persons or animals, posting material which is paedophilic, revealing or promoting crime, profane, offensive, infringing or likely to infringe upon the personal or other legally protected rights of a person, posting material which attacks, degrades or promotes violence, or encourages commitment of a crime. It is also prohibited to post advertising messages that violate the applicable legislation (e.g. unlawful advertising) or to publish a Landing Page to offer meetings for a fee or that are not permitted by applicable legislation;

update materials or data, including personal data by making changes to his Account;

not to take any actions that are inconsistent with the provisions of generally applicable applicable legislation or good manners, or which violate the personal rights of other Users, third parties or legitimate interests of the Service Provider or other Users or third parties;

not to gain access to the Accounts of other Users that are not managed by the User;

not to generate excessive or disproportionate load on the links and other infrastructure on which the Service is based;

keep one's password strictly confidential;

not to share his Account and Account data with other Users and third parties;

make payments for the Service.

The Entrepreneur is obliged to:

Inform the Platform and the Consumer on the Launch of the Product, at the time of launch. It is also recommended, but not required, to keep Consumers updated on changes to the product and launch schedule prior to the launch. Failure to notify the Consumer of the launch will result in an extension to the time period during which the Consumer can claim their discount or a refund on their reservation deposit;
Inform the Platform and the Consumer if there are changes to the product’s design or features, prior to the launch;
Inform the Platform and the Consumer if they decide to not launch the product;
If they do go through with the launch, provide a discount to the Consumers, who have financed the Products;

If they do go through with the launch, sell Products at the discounted price to the Consumers, within the time period mentioned in the Landing Page. If there is no mentioned time period, the minimum time the discount should be available is of 30 days;

Inform the Service Provider and Consumers on failure to deliver the Products within the time period;
To use the data on the Consumer received from the Platform in an ethical and legal way, including but not limited to: not spamming, not selling other services or products they didn’t sign up for;
Not sell the data of the Consumers to third parties, or to make it available to third parties without the prior consent of the Consumer.

The Entrepreneur using Plans also agrees:

not to offer life-time versions to third parties;

not to sell services using the Prelaunch.com label;

not to sell identical packages as the Service Provider;

not to use the Service Provider's marketing materials.

The Consumer agrees, that upon receipt of the notification of the Launch of the Product, the Consumer shall have the right to:

Cancel their reservation within 7 days of the Launch notification, in which case the Deposit will be reimbursed to the Consumer within 10 business days upon cancelation of the Deposit;

Claim the discount and purchase the product at that price within the first 30 days. The Consumers acknowledge that any additional time may be provided at the Entrepreneur's discretion. The Consumers agree and acknowledge that in case of the purchase of the Product, the payment for the Product is done directly to the Entrepreneur. In case of failure of the Entrepreneur to deliver the Products within the delivery limit date as stipulated in clause 4.3, the Consumer is entitled to be reimbursed solely the Deposit by the Platform. The Platform shall not be held responsible for the totality of the amount paid to the Entrepreneur by the Consumer, in case of failure by the Entrepreneur to deliver the Products;
Refrain from any action, in which case the Consumer will not be entitled to receive the deposit after 7 days of the Launch notification. The Consumer acknowledges, that in case of refraining of any action, the Consumer shall have the right to purchase the Products for a discounted price only within the 30 days after the launch. After this, they will also lose the right to purchase the product at a discount. However, the Consumer acknowledges, that in case of refraining of actions by the Consumer after the receipt of Launch notification, the Consumer will not be entitled to the reimbursement of the Deposit in case of failure of the Entrepreneur to deliver the Products. The Consumer shall hold the Platform harmless against any actions related to the failure of the Entrepreneur to deliver the Products.

The rights and obligations of the User due to the conclusion of the Agreement may not be transferred to other entities without the knowledge and prior consent of the Service Provider. This means that the User cannot transfer or move its Account (for a fee or free of charge) to another entity. The Service Provider is the sole entity entitled to provide the Service to the User who made the Registration.
The content, including descriptions and photographs and graphics posted by Users on the Platform and on the Landing Page are their property and they are solely responsible for possible infringement of third party rights.
The Service Provider stipulates that a Landing Page containing materials or data that violate the Terms of Use or the provisions of generally applicable legislation may be deleted after the notice and take down procedure is applied.
If content posted by the User on the Landing Page constitutes a work within the meaning of the Act on Copyright and Related Rights, the User shall grant the Service Provider a territorially unlimited and indefinite license to use the aforementioned works in the following fields of exploitation:

making available through computer networks, including the Internet;

displaying;

making available to the public;

any distribution, including the entry of records of the subject matter of the Service into the memory of computers and servers of computer networks, including those generally accessible such as the Internet, and making them available to users of such networks;

transferring or transmitting of records of the subject matter of the Agreement between computers, servers and users, other recipients, by any means and techniques;

public sharing of the Service, including during presentations and conferences, as well as in such a way that anyone may have access to them in a place and at a time at one's discretion, including in telecommunications networks and computer networks or in connection with the provision of telecommunications services, including — with the use of interactive services for this purpose.

The license is granted as soon as the content is posted on the Landing Page.
The User is not entitled to any remuneration of any kind for granting the above-mentioned license.
The Service Provider is entitled to disclose the fact of cooperation with the User, presentation of the Landing Page or its elements in its advertising materials (in the Platform, social media, portfolio, PR materials). The Service Provider has the right to use the logo, pseudonym, social account name, company and website addresses of the Users in order to place them on the Platform and in promotional materials with information that they are Users and make use of the Platform. Notwithstanding the foregoing Terms of Use, the parties may, by mutual agreement in writing, waive or modify any provision herein on a per-case basis. Any such waiver or modification shall be effective only if executed in writing by both parties. Failure to enforce any provision of these Terms of Use shall not constitute a waiver of such provision or any other provision.
The provisions of this section concerning the content, rules of creating and maintaining the Landing Page by the User shall apply respectively to the Popup and Lightbox functions provided by the Service Provider.
The Users agree and acknowledge that the Platform provides a Prelaunch Scores based on the data gathered and analyzed on the Platform, and the offers available on the Platform are not considered as financial advice. The Platform does not guarantee the realization of the Prelaunch Scores. The Users agree and acknowledge that the Users shall solely bear the risk of the financial losses in case of failure of the Product to reach the Prelaunch Scores.

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8. Rights and obligations of the Service Provider

The Service Provider has the right to:

Inform Users, by electronic means, about new functionalities of the Platform or important notifications related to the Platform;
Ask Users for their overall opinion and level of satisfaction with the use of the Platform and technical support activities. Opinions may be collected in the form of questions or short questionnaires using the ICT system;
Study the use of the Platform, in particular through the collection of anonymous information allowing it to be functionally and technically improved (e.g. screen resolution, type of browser used, number of clicks on specific tabs on the Site, etc.);
At its own discretion, change the properties and functionalities of the Service, if this does not result in a reduction in the quality of the Service provided to the User;
Refuse the payment to the Entrepreneur in case of failure of the Entrepreneur to meet the obligations as stipulated in clause 7.3 of the Terms of Use;
Share your data with third parties, as it is provided by the privacy policy available at the following link: privacy policy

The Service Provider undertakes to make every effort to ensure proper provision of the Service on a permanent and uninterrupted basis.
The Service Provider reserves the possibility of temporary unavailability of all or part of the Platform or Landing Page due to technical reasons, in particular those related to its maintenance or implementation of changes. The Service Provider shall make every effort to ensure that this unavailability causes as little inconvenience to the User as possible.
In case of violation of the Terms of Use by the User, the Service Provider may temporarily block access to the Account of this User and for a maximum of 60 days. The Service Provider shall immediately notify the User about the found breach and call the User to explain, informing about a possible decision to block the Account, giving its justification and duration. If within 60 days from blocking the Account, the User does not submit explanations and does not prove that the infringement did not occur or the infringement is not culpable, the Service Provider is entitled to delete the Account. The User has the right to lodge a complaint in connection with the decision to block the Account.
‍The Service Provider is obliged to:

Safeguarding all deposits entrusted to us by consumers, employing secure and industry-standard measures to protect the integrity and confidentiality of such financial transactions;
Adhere to the stipulated refund terms, ensuring timely and accurate reimbursements of deposits in accordance with the established guidelines;
Upon a user's formal request, we shall promptly and securely delete their personal data, in compliance with applicable data protection laws and regulations;
Upon successful delivery of products, we are obligated to promptly transfer deposited funds to the designated recipient, as outlined in the Prelaunch Terms of Use;
Relevant consumer data collected through the Prelaunch platform and third-party integrations shall be shared with the corresponding entrepreneur, ensuring responsible and authorized use in alignment with applicable privacy laws and regulations.

9. Liability

The User is fully liable for its actions related to the use of the Account.
The Service Provider undertakes to take all actions aimed at ensuring proper, safe, continuous and error-free access to the Site and the Platform. The Service Provider is entitled to make maintenance shutdowns. The Service Provider does not ensure full continuity of the Site and the Platform.

The Service Provider is not responsible for:

actions taken by the Users;
correctness, reliability and accuracy of data obtained during use of the Site and the Platform;
temporary technical errors occurring during the operation of the Site and the Platform;
errors and defects attributable to the User's equipment, browser or Internet connection;
defects in the data entered into the Platform by Users.

The Service Provider is not liable for damage (also in the form of lost profits), image infringement, interruptions in the operation of the company, loss of data or other economic information or other losses of a material nature, resulting in particular from:

inability to use the Site and the Platform;
using the Site and the Platform;
lack of access to the Site and the Platform, data, information, messages published or read in the Site and the Platform;
errors in the functioning of the Site and the Platform;
unauthorized third party access to data;
influence of third parties;
deletion of the Account;
effects of additional plugins that may interfere with the Platform's operation, and any other cause related to the Service, regardless of whether the losses and breaches were direct or indirect effects of the event.

The Service Provider shall not be liable for damages incurred, remuneration paid to the Service Provider, as well as lost profits by the User who has violated the law or the provisions of the Terms of Use, and to whom the Service Provider has blocked or suspended the Account.
The Service Provider shall not be liable for any damage caused by third parties who accessed the Platform by using correct data (login and password) of any User.
The Service Provider shall not be liable for actions of the Entrepreneur in terms of delivery of Products.
The Service Provider shall not be liable for the actions or activities undertaken by entrepreneurs who receive consumer data from us. Once shared, it is understood that the entrepreneur assumes full responsibility for the handling, use, and compliance with the applicable legislation and regulations regarding the consumer data provided.
The Service Provider shall not be liable for damages and any other consequences caused by the User disclosing its password or login to a third party.
The Service Provider shall not be liable for any disruption of the system caused by technical problems in the computer hardware and software used by the User, as well as by Internet failure, force majeure or unauthorized interference by third parties which prevent the User from using the Site, Platform and Service offered through it.
In the case of notification of any unauthorized access to the Platform, the Service Provider shall take immediate action to secure the data collected.
The Service Provider reserves the right to interfere with the User's Account in order to remove irregularities in the functioning of the Platform, disturbances in the functioning of the Account or in order to improve and extend the scope of the Service and update data.
The Service Provider has the right to make changes to the Service and the Platform in connection with ongoing work on improving and modernizing the Platform. In particular, the Service Provider has the right to change the functionality of the Platform.
The above limitations of liability of the Service Provider apply to the User, who is a Consumer only to the extent permitted by generally applicable law.
Where the Service Provider's liability is established, the total liability of the Service Provider towards the User and third parties shall be limited to the amount of the payment made by the User.
The Platform may contain links to websites owned and operated by third parties. The Service Provider is not responsible for the availability and quality of these sites, as well for the actions of Users undertaken on the sites operated by third parties..
The Service Provider does not guarantee the repair time from the occurrence of a failure of the Site, Platform, Landing Page, Popup or Lightbox nor a specific response time to take corrective action to remedy the defect or restore the Service. A guaranteed response time shall require a separate SLA.

10. Personal data

Users' data shall be used only for the purpose for which they have been made available and the Service Provider undertakes not to disclose them to third parties, with exception to the data shared with the Entrepreneurs, as described by the privacy policy.

Detailed regulations concerning the protection of personal data can be found in the Privacy Policy, available on the Site and the Platform.

11. Complaints

Each User is entitled to lodge a complaint regarding any irregularities in the operation of the Platform or the Site within 30 days of the occurrence of such irregularities. The complaint should be submitted by email sent to support@prelaunch.com. The description of the irregularity should enable the Service Provider to identify the problem and to repair it.

The Service Provider shall consider the complaint within 14 calendar days from the date of receiving the complaint.

In case of a serious technical error, the Service Provider reserves the right to limit access to the Site, the Platform and the Service.

Any possible errors in the functioning of the Site, the Platform, comments and information about the operation of the Site, the Service and the Platform, as well as violations of the Terms of Use, should be reported to the Service Provider electronically.

The Service Provider's liability is defined in clause 9 of Terms of Use.

12. Intellectual property rights

All rights to the Platform or materials introduced to the Platform by the Service Provider belong to the Service Provider.
If an infringement of an intellectual property right is noted, the Service Provider shall take appropriate legal action against the infringer.
The indication "Prelaunch.com" in verbal or graphic form identifies one of the Service Provider's products, which operates in business without time or territorial restrictions. The term "Prelaunch.com" is a trade name of the Service Provider.
It is prohibited to distribute any elements of the Platform, including in particular the “Prelaunch.com" logo, without the written consent of the Service Provider. The User is not allowed to remove, cover, prevent the reading of or to alter trademarks, copyright information or other indications concerning intellectual property rights. It is also prohibited to copy, trade, distribute, modify materials outside the Platform or create derivative works based on the materials available on the Platform, used without the prior written consent of the Service Provider.
The Service Provider explicitly disclaims any liability for the actions or activities undertaken by the Users, which may infringe the intellectual property rights of third parties. The Users shall solely be responsible and shall hold the Service Provider harmless for any claims of third parties, which may result from the violation of intellectual property rights of third parties.

13. Amendments to the Terms of Use

The Service Provider reserves the right to amend the Terms of Use at any time, in particular due to changes in the provisions of applicable law or technical and organizational changes in the manner of concluding and performing contracts and providing Services, extending the functionality of the Platform, as well as in the event of a change in the legal organization of the Service Provider's activities. These changes shall not affect agreements that are submitted, in progress or already performed.
The Service Provider shall inform Users about the changes and their content 14 days before their introduction. The information shall be provided to the User by email sent to the address provided during registration and by an appropriate note on the Account, available after logging in.
In the case of not accepting the amended Terms of Use, the User should terminate the Agreement for the provision of Services by the last day of the current Plan at the latest, according to the rules specified in § 5.
Failure to act in this manner by the User shall be deemed the User's consent to provide the Services in accordance with the new Terms of Use.

14. Final provisions

The Service Provider makes the content of the Terms of Use available before registration The Terms of Use may also be presented in another way, at the individual request of a person in case of problems with displaying or reading the Terms of Use. In order to do so, please contact the technical support department.
Delaware State law shall apply to all disputes arising under these Terms of Use and the concluded Agreement. The court having jurisdiction to hear disputes shall be the court having jurisdiction over the seat of the Service Provider, unless the provision of generally applicable law reserves the exclusive jurisdiction of another court. The competent court for disputes to which the Consumer is a party shall be the Consumer's place of residence.
The Terms of Use are effective from 01 March 2024.
The rights granted to Users who are sole proprietors and perform legal transactions through the Platform for non-professional purposes shall enter into force on 1 March 2024.

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