Terms of Use

Last updated April 15th, 2024

Application of These Terms of Use

Your use of our FounderTrac website, the exclusive property of FounderTrac, LLC, is subject to these Terms of Use, whether or not you are a portfolio company of FounderTrac, LLC,. If you do not agree with these Terms of Use, do not use this website.

Changes to These Terms of Use

We may change these Terms of Use at any time. If we change them, we will update this website and the date at the top of these Terms of Use. Any changes will be effective immediately when we post the changes. The changes will apply going forward. By continuing to use this website after we make changes, you agree to all the changes. Please check these Terms of Use each time before you use this website.

Use of This Website Generally

You may access and use the FounderTrac website in accordance with these Terms of Use, but not in any way prohibited herein.

Using this website and/or communicating with us (by email, phone, or in person) does not create any fiduciary or other legal relationship.

We reserve the right to refuse service, terminate access, remove or edit content, or take any other steps to restrict your use of this website at any time for any reason.

Information on This Website

The information on this website is provided for informational purposes only. You should not rely on any information on this website as legal or financial advice for your specific situation.

Limitations on Use

Other than use that constitutes “fair use” according to United States copyright law, you agree not to reproduce, republish, or in any other way distribute any portion of the information available on the FounderTrac website or information you otherwise receive from us.

You further agree not to violate the security of this website or attempt to gain unauthorized access to this website, content or computer systems or network connections to any server associated with FounderTrac, LLC through hacking, password mining or any other method.

You may not use this website or any information provided on or through it in any manner that is unlawful or harms FounderTrac, LLC or any third-party.

You may not utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FounderTrac, LLC without our prior written permission. Additionally, we do not allow you to use any meta tags or any other “hidden text” utilizing our name or trademarks without our prior written consent.

You may not use the FounderTrac website for the purpose of reproducing, replicating, or otherwise copying any service or product for commercial purposes.

Media Consent

Without expectation of compensation or other remuneration, now or in the future, any user of this FounderTrac website hereby gives consent to FounderTrac, and the joint venture partners of FounderTrac, Launch Annapolis, The Maryland Technology Council and MCVC Partners, its programs and agents, to use its image and likeness and/or any interview statements from the user in its publications, advertising or other media activities (including the Internet). This consent includes, but is not limited to:

(a) Permission to interview, film, photograph, tape, or otherwise make a video

reproduction of the user and/or record its voice;

(b) Permission to use user name; and

the film, photograph(s), tape(s) or reproduction(s) of user, and/or

recording of user’s voice, in part or in whole, in its publications, in

newspapers, magazines and other print media, on television, radio and electronic

media (including the Internet), in theatrical media and/or in mailings for

educational and awareness.

DISCLAIMERS / LIMITATIONS OF LIABILITY

NEITHER FOUNDERTRAC, LLC NOR ANY OF ITS EMPLOYEES, OFFICERS, OWNERS, CONTRACTORS, REPRESENTATIVES, ADVISORS OR ANY OF ITS AND THEIR AFFILIATES SHALL HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE FOUNDERTRAC WEBSITE OR FOR ANY ACTIONS YOU TAKE IN RELIANCE ON THAT INFORMATION.

ALL INFORMATION ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THIS INFORMATION IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE INFORMATION ON OUR WEBSITE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY AND EFFECTIVENESS OF THE INFORMATION ON OUR WEBSITE RESTS WITH YOU.

WE DO NOT WARRANT THAT THE INFORMATION, CONTENT, MATERIALS, AND OTHER SERVICES INCLUDED ON OUR WEBSITE OR OTHERWISE MADE AVAILABLE TO YOU BY OR THROUGH US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.

Indemnification

To the maximum extent allowed by law, you agree to indemnify, defend, and hold harmless FounderTrac, LLC from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from: (a) your breach or alleged breach of these Terms; (b) your use of the FounderTrac website; (c) your violation of any law, rule, or regulation; or (d) your violation of any third-party rights (e) any harm or injury that may result to you as a result of our promotion or co-promotion of you as one of our portfolio companies. FounderTrac, LLC reserves the right to assume, at their sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with FounderTrac, LLC in asserting any available defenses. You will not, in any event, settle any claim without our prior written consent. If any minor user you authorize to use or access the FounderTrac website disaffirms any or all of these Terms, you agree to defend, indemnify, and hold FounderTrac, LLC harmless for any damages that FounderTrac, LLC suffer by the minor user’s disaffirmance.

Electronic Communications

When you send e-mails, text messages and other communications from your desktop or mobile device to us, including submitting information through an online form on this website, you are communicating with us electronically. These methods of communication are not highly secure, so please be cautious about sending important and sensitive information in this manner.

You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, or by posting notices and messages on our website at FounderTrac. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Intellectual Property

All information included on this website or otherwise made available to you by us, such as graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of FounderTrac, LLC (unless stated otherwise, in which case we have used such information exclusively for single-use, educational purposes, not for distribution, and therefore constitutes “fair use” under U.S. copyright law) and is protected by United States and international copyright laws.

Graphics, logos, icons, scripts, and service or product names included in or made available through this website are trademarks or trade dress of FounderTrac, LLC. Our trademarks and trade dress may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among potential customers, users, or potential portfolio companies, or in any manner that disparages or discredits FounderTrac, LLC. Nothing contained in this website grants to you any license or right to use any trademark or trade dress without our prior written consent.

You must not use this website or the information in it in any manner that infringes or violates our intellectual property rights or those of any third party.

We respect all intellectual property rights. If you believe this website infringes on your work and rights, please email us at jeff (at) mcvcpartners.vc or ryan (at) foundertrac.com

Minors

If you are under the age of 18, you are prohibited from using this website at all.

Third-Party Links

We may provide links from our website to third-party websites. These links are provided for your convenience, but they are beyond our control. We make no representation as to the content, privacy and security of third-party websites. We do not endorse any third-party websites or content. Your use or reliance on any external links and the content you access from them is done at your own risk.

Unlawful activity

We reserve the right to investigate complaints or reported violations of these Terms of Use and to take any action we deem appropriate, including reporting any suspected unlawful activity to law enforcement officials or other third-parties. If we deem it advisable, we may disclose to them information relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

Privacy

If you have questions or concerns about the information we collect about you, including your personally identifiable information (PII), review the FounderTrac, LLC Privacy Policy.

Remedies for Violations

We reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access to this website from a particular internet address.

Applicable Law

Any dispute or claim relating in any way to your use of this website or your relationship with FounderTrac, LLC generally shall be governed by the laws of the State of Virginia, without regard to its conflict of laws principles.

Disputes

You agree that any dispute related in any manner whatsoever to this website or our relationship with you generally shall first be submitted to one day of non-binding mediation. The mediation will be conducted in Arlington, Virginia by a single mediator mutually selected by you and FounderTrac, LLC.

If we are unable to resolve a dispute through non-binding mediation, we each agree that the dispute will be resolved by Open Arbitration performed by National Arbitration and Mediation (namadr.com).

We will split the cost of the mediator, arbitrator, and mediation and arbitration facilities, although we will each be responsible for our own respective other costs, including attorney’s fees, preparation fees, and travel costs.

We both agree that either of us may bring suit in court for injunctive relief (as available) without first attending mediation and arbitration.

General

If any part of these Terms of Use is determined to be unenforceable, then the unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect.

We may assign these Terms of Use, in whole or in part, at any time with or without notice to you. However, you may not assign these Terms of Use.

Any failure by either of us to act with respect to a breach by the other does not constitute a waiver of rights to act with respect to subsequent or similar breaches.

These Terms of Use supersede all prior or contemporaneous communications of any kind between us with respect to this website and our relationship.

You may use this website and any information we provide only as permitted by law.

Questions

For questions about these Terms of Use, please contact us:

By mail:

FounderTrac

626C Admiral Drive Suite 106

Annapolis, MD 21401

By e-mail: jeff(at)mcvcpartners.com or ryan(at)foundertrac.com

FounderTrac, LLC Privacy Policy

Thank you for using the FounderTrac website and being part of our community. We take your privacy seriously. Please read this privacy policy to better understand what data we collect from you and how we store that data (i.e. where we are the Controller). It is intended to meet our duties as a Controller of Transparency under European data protection legislation known as the “GDPR” or “General Data Protection Regulation.”

Information Collected:

We collect personal information that you provide to us such as name, address, contact information, passwords and security data. Some information – such as IP address and/or browser and device characteristics – is collected automatically when you visit our websites

We restrict access to non-public personal information about you to FounderTrac, LLC, its employees, and partners who need to know such information in order to provide products and services to you and ensure compliance with legal obligations as well as connect you with bespoke resources to help your company. We maintain physical, electronic, and procedural protections that comply with federal regulations to guard your non-public personal information.

Like many businesses, we also collect information through cookies and similar technologies. We automatically collect certain information when you visit, use or navigate the FounderTrac website. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Site and other technical information. This information is primarily needed to maintain the security (e.g. fraud detection) and operation of our Sites, and for our internal analytics and reporting purposes.

The following table describes the data that FounderTrac, LLC may collect from you and other users associated with you as a team during your use of our website.

Data stored by us:	How and when we collect the data:	How we use the data:
Email address	Can be provided by user when creating an account.	We use this data to communicate with users of our website
Login time, IP address, and other technical data (“Technical Data”)	This data is automatically collected as users use the site.	We use this data to improve site performance, analyze user experiences and patterns of use, and facilitate site updates while mitigating disruption of user services. Please review our “Technical Data” section below, if you would like additional information.
Number of team members, online status of team members, when “founder focus” items were assigned, duration of “founder focus” items, timeline of “founder focus” items progress (“Team Information”)	This data is automatically collected as users use the site.	We use this data to help track the progress of teams and evaluate and improve our site performance to help facilitate development of teams. Please review our “Team Information” section below, if you would like examples of this kind of data.
Total number of startup (groups), teammates in all startups, mentors, community managers, number of waypoints completed during the program, total time spent on the platform by all teammates, in each case, assigned to a particular program (“Affiliate (group) metrics”).	This data is automatically collected as users use the site.	We use this data to track the success of our program groups and improve our site and program.
Total number of daily or weekly active users (by program group or site-wide users) (“Aggregate Data”)	This data is automatically collected as users use the site.	We will use this Aggregate Data to improve site performance and measure the effectiveness of our program. To the extent the Aggregate data contains any personal data, it will be de-identified.

Technical Data:

We may, from time to time, use tracking methods that record specific information from your browser or device. This information may contain your language settings, log files, web beacons, pixel tags, internet protocol address, specific browser, internet service provider, operating system, and dates, times and duration of your use of our website. Collecting this data allows us to improve the website and provide a better user experience. To further this goal, we may implement cookies, which are small files that your device saves during your use of our website. These files will track your usage patterns, which will enable us to create a better experience for you.

There are different kinds of cookies we may send to your device:

“Essential cookies” help confirm our website is functioning correctly.
“Analytical cookies” help confirm usage patterns on our website, such as which of our pages are most popular with our users.
“Functional cookies” help confirm your preferences when using the website, such as what language you use for the website.
“Persistent cookies” survive your session on our website, although you can always delete these cookies through your web browser.
“Session cookies” do not survive your session on our website and are temporary. Once your session is over, these cookies will expire.

We may also collect “pixel tags,” which is a tiny image that can confirm to us, through a web page or an email, when you have accessed a particular page or email.

Team Information:

Examples of Team Information we will collect include the following:

LEADERSHIP:
– Vision & Values: Completed (grey check) at 10/03/20, 9:30AM
– Corporate Governance: Completed (grey check) at 10/03/20, 9:30AM
– Leadership Plan: Completed (grey check) at 10/03/20, 9:30AM
PRODUCT:
– Solution Exploration: Completed (grey check) at 10/03/20, 9:31AM
– Validated Backlog: Completed (grey check) at 10/03/20, 9:31AM
– Product Plan: Completed (grey check) at 10/03/20, 9:31AM
MARKET:
– Problem Exploration: Status: Completed (grey check) at 10/03/20, 9:31AM
– Customer Discovery: assigned 10/03/20, 9:32AM, Status: Completed During Program (grey check) at 10/22/20, 4:48PM
– Go-to-Market Plan: assigned 10/22/20, 4:49PM, Status: Founder Focus (green check)
FINANCE:
– Business Model Hypothesis: Completed (grey check) at 10/03/20, 9:32AM
– Financial Projections: assigned 10/22/20, 4:49PM, Status: Founder Focus (green check)

Use of Information:

We may use non-public personal information about you for a variety of purposes:

To facilitate account creation and logon processes;
To send you marketing, promotional and informational content messages electronically;
To send administrative information to you;
To request feedback from you about your use of our FounderTrac website;
To help the thrid party program that invited you to the platform connect you with resources customized for your company;
To help the thrid party ecosystem allocators connect you with resources customized for your company;
To protect the security of our FounderTrac website and intellectual property, such as through fraud monitoring;
To respond to legal requests from regulatory agencies or for other legal obligation or compliance;
To evaluate and better understand general usage trends, and further improve our original content, site, services, marketing and other general business goals;

Information Rights:

You have several rights to your private information. You may review, change, or terminate your account at any time. In some regions, like the European Economic Area, you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please contact us at jeff (at) mcvcpartners.vc or ryan (at) foundertrac.com. We will consider and act upon any request in accordance with applicable data protection laws.

If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal.

If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm

Contact Us:

If you have questions or comments about this policy, email us at jeff (at) mcvcpartners.vc or ryan (at) foundertrac.com or by physical mail to:

FounderTrac

626C Admiral Drive Suite 106

Annapolis MD 21401