Terms and Conditions

1. Introductory Provisions

1.1. These Terms of Service ("Terms") are issued by the Company to govern your access to and use of the website www.gofundway.com ("Site") including any content, functionality and Services, operated by Fundway s. r. o., a limited liability company registered in Slovakia, with its registered office at Ferienčíkova 2437/16, 811 08 Bratislava, Identification No.: 52 858 715, registered in the Commercial register of the Municipal Court Bratislava III, Section: Sro, Insert No.: 142958/B ("Company," "we," "us", or "our"). The definitions "you" or "User" mean you as a user of the Site or Services.

1.2. The Terms are binding on the Company and the User to the extent that the provisions of these Terms apply to them.

1.3. The User is obliged to thoroughly read these Terms before accessing the Site/using the Services. By accessing the Site, using our Services or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree (on behalf of yourself or on behalf of any other entity using the Services) to be bound by these Terms and acknowledge, you have read and understood our Privacy Policy, found here ("Privacy Policy").If you do not agree, you must not use the Site/our Services.

2. Definitions

2.1. Fee(s) means the sum of money payable by the User to the Company for the provision of relevant Services.

2.2. Order has the meaning specified in Article 5.2 of these Terms.

2.3. Provider(s) means a service provider, the information about whose services is made available to the User through the Site.

2.4. Services means any services provided by the Company through the Site or offered by the Company on the Site, the basic overview of which is listed in Article 3.1. of these Terms.

2.5. User(s) means businesses/entrepreneurs who on the basis of these Terms use the Site/purchase Services through the Site.

3. Services Overview

3.1. The Company offers mainly the following Services:

• Fund Management Pricing Calculator: An automated tool that provides estimated costs for setting up and managing investment funds, trusts, hedge funds, and similar vehicles.
• Estimated Cost Aggregation: A tool that aggregates estimated costs across various Providers in the fund industry.
• Customized Fund Overview: Users can generate and forward a tailored fund overview to selected Providers for customized fee proposals.

3.2. The content of the Services to be provided depends on the chosen model of Services indicated by the User in the Order.

4. Eligibility

4.1. The User must be at least 18 years old and capable of forming a legally binding contract under Slovak and applicable international laws to use the Site/Services. By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site/order the Services.

4.2. The Services are exclusively intended for use by entrepreneurs, businesses, and other commercial entities. By accessing the Site/ordering the Services, you represent and warrant that you are an entrepreneur or are acting on behalf of a business entity, and not as a consumer. The Services are not intended for, nor should they be used by, individual consumers for personal, household, or family purposes. If you are accessing the Services as a consumer, you are not authorized to do so and you should immediately cease use.

5. Account Registration & Use and ordering of Services

5.1. The Company provides the Services to Users on the basis of a contractual relationship between the Company and the User and these Terms (the "Contract"), while these Terms shall be considered as a proposal for the conclusion of such Contract by the Company.

5.2. A User is entitled to order Services through the Site by means of an order addressed to the Company. The ordering of Services is carried out in the following way: The User enters the required information into the electronic order form, then clicks on the "Checkout" button, enters the payment details, expresses the User’s consent to the Terms, the Privacy Policy, and Stripe Services Agreement, and sends the order for the provision of intended Services by clicking on the "Pay" button. By clicking on the "Pay" button, the User sends his/her order for the provision of Services to the Company ("Order"). Consent to the Terms, Privacy Policy and Stripe Services Agreement is a condition for concluding the Contract. The Contract shall be deemed to be concluded at the moment of sending the Order by the User.

5.3. When filling out the electronic order form for provision of Services the User agrees to provide accurate, up-to-date and complete information to the Company, which does not infringe any copyright, trademark, privacy or other third-party rights, and to which the User has all necessary consents and licenses.

5.4. The Company reserves the right to cancel the Order due to unforeseen circumstances that prevent the execution of the Order. In such case, the User is entitled to a full refund of the Fee already paid without any cancellation fees. The Company undertakes to inform the User of the cancellation of the Order without undue delay.

6. Payment & Pricing

6.1. The Fee for provision of particular Services (is listed directly on the Site and represents a one-time payment per purchase of a specific Service model listed in Article 3.1. of these Terms/other Services listed directly on the Site.

6.2. The Company is entitled to unilaterally change the structure of the Service model and/or the amount of the Fee for Services.

6.3. Payments of Fee must be made in full before receiving the Services while the provision of any Services is conditional upon receiving the payment of the relevant Fee.

6.4. Once the payment of a Fee is made, the Fee is non-refundable. The User understands that the obligation to pay the Fee is not linked to the extent of the User's actual use of the Services.

6.5. By placing an Order, you agree to receive invoices and/or payment receipts from the Company in electronic form as PDF documents, by email to the email specified in the Order, or through the Site.

6.6. The Users acknowledge and agree to the fact that the payments of Fees are processed via third-party payment providers (Stripe Connect), and with the exception of storing the payer’s details, the Company does not store or process payments details directly.

6.7. The date of payment of the Fee shall be deemed to be the date on which the funds have been credited to the Company's bank account.

6.8. The Company has duly and fully provided the Services by the provision of the output on the Site (e. g. by displaying the fee calculation estimate on the Site) and in case of Customized Fund Overview by sending it to the User’s email specified in the Order (whichever moment occurs first).

6.9. By using any payment method and/or providing payment details for making purchases on Site, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on Site; and (d) such actions do not violate any applicable law.

7. Refund & Cancellation Policy

7.1. Due to the nature of our Services, all sales are final, and we do not offer refunds unless required by applicable laws.

7.2. If you experience technical issues preventing the use of our Services, please contact our support team at info@gofundway.com.

7.3. The User acknowledges that the Company carries out periodic maintenance of the Site in order to improve the Services, during which access to the Services may be temporarily limited or excluded.

7.4. The Company is not responsible for any technical issues caused by the User's device/software, or internet connection.

8. User Responsibilities & Restrictions

8.1. You agree not to:

• use the Services/ place an Order for Services for unlawful or fraudulent purposes.
• (attempt to) reverse engineer, back-analyse or otherwise attempt to derive the source code, underlying ideas, algorithms, structure or organization, modify, (including by the use of automated software (bots), hacking programs, modifications (mods) or any other unauthorized third - party software designed to modify), attempt to gain unauthorized access to, interfere with, block, damage, disrupt, or exploit the Site and/or the calculator tool through which some of the Services are provided, or make any use of them beyond their intended use,
• circumvent, remove, alter, disable, degrade or defeat any technological measures or content protection of the Site/any of its contents including the calculator tool through which some of the Services are provided,
• introduce any viruses, Trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful to the Site/any software used to provide Services,
• take any action that would conflict with rights/titles/ownership interests of the Company/licensors of the software used for the provision of Services,
• share or distribute the results of Services provided (including the Fee estimate results, cost aggregation estimate and contact details of Providers) for commercial resale,
• obtain personal data of other Users,
• share the fee estimates with third parties as a formal fee proposal or a contractual basis.

8.2. You have been notified of, respect and accept that the content of the Site is modified from time to time at the discretion of the Company, which may change or remove any part of the content at any time without prior notice or consent of the User.

8.3. The User is prohibited from reselling or commercializing the results of the Services.

9. Data protection and Intellectual Property

9.1. All content, tools, and proprietary algorithms used in the Services and contents of the Site (including textual content, visualization, audio and audio-visual recordings, design, trademark, all images and all databases constituting the Site’s content) are owned by the Company or its licensors and are protected by applicable provisions of intellectual property law.

9.2. You may use the output of the Services solely for your internal business purposes and must keep it from unauthorized access and disclosure.

9.3. The rights and obligations of the Company and the User in relation to the protection of personal data are set out in the Privacy Policy.

9.4. The Company undertakes to keep any information provided by the User for the purposes of provision of Services, strictly confidential, and to use it only for the purpose of providing Services and the exercise of related rights. Notwithstanding the foregoing, the Company is entitled to disclose such information, if (i) it is used for proper provision of the Services, (ii) the information has entered public domain or become available without the breach of the Company’s duties, (iii) the User has given its prior consent to its use, communication or disclosure, (iv) the information is necessary for performance of the Company’s rights under these Terms, or (v) the Company has an obligation under generally binding legal regulations to provide or is requested by any public authority to provide any such information.

10. Disclaimers and Limitation of Liability

10.1. Our Services are provided "as is" and "as available" without warranties of any kind. We do not guarantee the accuracy, reliability, or completeness of the cost estimations provided.

10.2. The User acknowledges and consents to the following disclaimers of the Company:

• 10.2.1. The fee estimate results provided are purely indicative and should not be relied upon for any financial, legal, or business decisions.
• 10.2.2. The fee estimates do not guarantee actual pricing from Providers and may vary substantially due to differences in fund structure, jurisdiction, service scope, and additional negotiations.
• 10.2.3. The Company disclaims all liability for any decisions made based on these estimates and does not warrant their accuracy or completeness.
• 10.2.4. The fund characteristics overview is an informative and non-binding representation of assumed parameters used for fee estimation.
• 10.2.5. Each Provider reserves the right to request further documentation, details, or clarifications before issuing an indicative fee proposal.
• 10.2.6. Providers are under no obligation to provide a fee proposal based on the fund characteristics overview, and any proposals made are at their discretion.
• 10.2.7. The Company does not guarantee that the generated overview will be accepted by any Provider or that fee proposals will align with the indicative estimates.
• 10.2.8. The Services provided by the Company do not constitute financial, legal, tax, or investment advice. Users are encouraged to seek professional consultation before making decisions.
• 10.2.9. The Company does not endorse, recommend, or guarantee the quality, reliability, or pricing of any service Providers. The company reserves the right to change Providers.
• 10.2.10. The Services are intended solely for preliminary estimation purposes. They are not a replacement for professional due diligence, legal review, or financial modelling.
• 10.2.11. Actual fees charged by Providers may be influenced by external factors, including but not limited to regulatory changes, market conditions, negotiation power, and specific contractual arrangements.
• 10.2.12. Links to third-party websites located on the Site are provided in order to increase the convenience of Users. By going to these links, the User leaves the Company's internet environment. The Company is not responsible for the content of third-party websites and does not control them in any way.

10.3. To the fullest extent permitted by law the Company and its affiliates shall not be liable for any direct, indirect, incidental, or consequential damages arising from your use of our Services.

10.4. The Company shall not be liable for any delays caused by circumstances excluding liability. A circumstance that excludes liability shall be considered an obstacle that has arisen independently of the Company's will and that prevents it from fulfilling an obligation, unless it cannot reasonably be assumed that the Company would have averted or overcome the obstacle or its consequences, and furthermore, that the Company would have foreseen the obstacle at the time when the obligation arose.

10.5. The User acknowledges that the provision of Services may incorporate additional services provided by third parties. The Company does not guarantee the uninterrupted availability, accuracy, truthfulness, completeness, or timeliness of the information/services received by the User when using these additional services.

10.6. The User acknowledges and consents to that fact that the Company may forward the data provided to it by the User to third parties with whom the User will not have a direct relationship for the purposes related to the provision of Services.

10.7. The Company shall not be liable for any damages or losses resulting from the unavailability or malfunction of third-party services. The User understands that the operation of such services is subject to the terms agreed between the Company and the respective third-party provider, and any limitations or exclusions of liability in those agreements shall also apply in relation to the User.

11. Termination

11.1. We may suspend or terminate your access to the Services if you violate these Terms or engage in fraudulent or abusive behaviour.

12. Final Provisions

12.1. These Terms shall be governed by the laws of Slovakia, mainly by Slovak Act No. 513/1991 Coll. the Commercial Code as amended.

12.2. All disputes arising out of or in connection with these Terms or provision of Services (including disputes concerning non-contractual claims) shall be resolved in arbitration under the Rules of Procedure of the Arbitration Court of the Slovak Bar Association. The number of arbitrators shall be one. The language of arbitration shall be the Slovak language. The arbitration clause is governed by the laws of the Slovak republic. An arbitral award other than a scrutiny arbitral award may be reviewed by another arbitral tribunal.

12.3. In the event that any provision of these Terms shall be declared invalid or ineffective, such declaration shall not affect the validity and/or effectiveness and/or applicability of the other provisions of these Terms and shall be superseded by the applicable valid provision.

12.4. We may update these Terms from time to time. Any changes to the Terms shall come into force on the date of their publication on the Site, unless otherwise specified by the Company. Continued use of our Services after updates constitutes acceptance of the new Terms.

12.5. The transfer of the Users' rights and obligations under the Contract to third parties is only possible with the prior written consent of the Company.

12.6. For inquiries regarding the Site/Services, please contact us at info@gofundway.com