Terms of Service

Effective Date: December 19, 2024 | Last Updated: December 19, 2024

1. Agreement to Terms

By accessing or using the CodeSwtch Capital Ventures website at codeswtch.ventures (the "Site") and our Capital 360 Assessment platform (the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

2. Description of Services

CodeSwtch Capital Ventures provides venture assessment and coaching services, including:

  • Social Capital Assessment: A free assessment evaluating your venture's social capital across multiple dimensions
  • Full Capital 360 Assessment: Paid assessments evaluating Financial, Cultural, Intellectual, and Techno Capital (in addition to Social Capital)
  • Coaching Services: One-on-one and group coaching programs (Learning Studio and Co-Think Lab)
  • Assessment Results and Recommendations: Personalized roadmaps and actionable insights based on your assessment responses

3. Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you are 18 years of age or older.

4. Account Creation and Security

4.1 Account Registration

To access certain features of our Services, you may need to create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized use of your account

4.2 Account Responsibility

You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to maintain account security.

5. Payment Terms

5.1 Paid Services

Certain Services require payment, including:

  • Full Capital 360 Assessment
  • Coaching programs (Learning Studio, Co-Think Lab)
  • Other premium features as described on our website

5.2 Payment Processing

Payments are processed through third-party payment processors (such as Square, PayPal, Stripe, Venmo, Cash App) via Systeme.io. By making a purchase, you agree to the terms and conditions of these payment processors.

5.3 Pricing

All prices are listed in USD and are subject to change. We will notify you of any price changes before they take effect.

5.4 Refund Policy

  • Social Capital Assessment: Free (no refunds applicable)
  • Full Capital 360 Assessment: Refunds are available within 7 days of purchase if you have not completed the assessment. Once completed, assessments are non-refundable.
  • Coaching Services: Refunds are handled on a case-by-case basis. Please contact us at contact@codeswtch.ventures to discuss refund requests for coaching services.

5.5 Failed Payments

If a payment fails, we reserve the right to suspend or terminate your access to paid Services until payment is successfully processed.

6. Use of Services

6.1 Permitted Use

You may use our Services for lawful purposes only and in accordance with these Terms. You agree not to:

  • Violate any applicable laws or regulations
  • Infringe on the intellectual property rights of CodeSwtch or others
  • Use the Services to transmit harmful, offensive, or illegal content
  • Attempt to gain unauthorized access to our systems or networks
  • Interfere with or disrupt the Services or servers
  • Use automated systems (bots, scrapers) to access the Services without permission

6.2 Assessment Integrity

You agree to:

  • Provide honest and accurate responses to assessment questions
  • Not share or distribute assessment questions or proprietary methodologies
  • Use assessment results for personal or internal business purposes only

7. Intellectual Property

7.1 Ownership

All content, features, and functionality of the Services, including but not limited to:

  • Assessment questions and methodologies
  • Logos, trademarks, and branding
  • Text, graphics, images, and software
  • Analysis algorithms and recommendation frameworks

are owned by CodeSwtch Capital Ventures and are protected by United States and international copyright, trademark, and other intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business use. You may not:

  • Copy, modify, or create derivative works based on our content
  • Sell, license, or distribute our content to third parties
  • Reverse engineer or attempt to extract source code from our platform

7.3 Your Content

You retain ownership of any content you submit through our Services (e.g., assessment responses, profile information). By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and process that content solely to provide the Services and improve our platform.

8. Assessment Results and Recommendations

8.1 Nature of Results

Our assessment results and recommendations are:

  • Based on your self-reported responses
  • Intended for informational and educational purposes only
  • Not a substitute for professional business, financial, or legal advice
  • Not guarantees of venture success or specific outcomes

8.2 No Professional Advice

CodeSwtch Capital Ventures does not provide:

  • Legal advice
  • Financial or investment advice
  • Tax advice
  • Therapy or mental health counseling

You should consult with qualified professionals for specific advice related to your venture.

8.3 Accuracy of Information

While we strive to provide accurate and helpful assessments, we make no warranties about the completeness, reliability, or accuracy of assessment results. Your use of our recommendations is at your own risk.

9. Coaching Services

9.1 Coaching Relationship

Our coaching services (Learning Studio, Co-Think Lab) are designed to support your personal and professional development. The coaching relationship is:

  • Collaborative and voluntary
  • Based on mutual respect and trust
  • Focused on your goals and action steps

9.2 Coaching is Not Therapy

Coaching is distinct from therapy, counseling, or mental health treatment. If you require mental health support, we recommend seeking services from a licensed therapist or counselor.

9.3 Client Responsibilities

As a coaching client, you agree to:

  • Participate actively and honestly in coaching sessions
  • Complete agreed-upon action steps between sessions
  • Communicate openly about challenges and progress
  • Respect the coach's time by attending scheduled sessions or providing advance notice of cancellations

9.4 Coach Responsibilities

Our coaches agree to:

  • Maintain confidentiality (except as required by law)
  • Provide professional, ethical coaching services
  • Respect your autonomy and decision-making

10. User Conduct and Prohibited Activities

You agree not to:

  • Harass, threaten, or abuse other users or our staff
  • Impersonate any person or entity
  • Upload viruses or malicious code
  • Spam or send unsolicited communications through our platform
  • Engage in any activity that could harm our reputation or Services

We reserve the right to suspend or terminate accounts that violate these Terms.

11. Privacy and Data Protection

Your use of our Services is also governed by our Privacy Policy. By using our Services, you consent to the collection and use of your information as described in the Privacy Policy.

12. Third-Party Services and Links

Our Services may contain links to third-party websites or services (e.g., Systeme.io, payment processors). We are not responsible for the content, privacy practices, or terms of service of these third parties. Your interactions with third-party services are governed by their respective terms and policies.

13. Disclaimers and Limitation of Liability

13.1 Services Provided "As Is"

OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

  • The Services will be uninterrupted, error-free, or secure
  • Results obtained from the Services will be accurate or reliable
  • Defects in the Services will be corrected

13.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CODESWITCH CAPITAL VENTURES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, or business opportunities
  • Loss of data or information
  • Business interruption
  • Personal injury or property damage

ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

14. Indemnification

You agree to indemnify, defend, and hold harmless CodeSwtch Capital Ventures, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of any rights of another person or entity
  • Your content or information submitted through the Services

15. Termination

15.1 Termination by You

You may terminate your account at any time by contacting us at contact@codeswtch.ventures or through your account settings.

15.2 Termination by Us

We reserve the right to suspend or terminate your access to the Services at any time, with or without cause or notice, including if:

  • You violate these Terms
  • You engage in fraudulent or illegal activity
  • We discontinue the Services

15.3 Effect of Termination

Upon termination:

  • Your right to use the Services will immediately cease
  • We may delete your account and data (subject to our Privacy Policy and legal obligations)
  • Sections of these Terms that by their nature should survive termination will remain in effect (e.g., intellectual property, disclaimers, indemnification)

16. Dispute Resolution

16.1 Informal Resolution

If you have a dispute with us, please contact us at contact@codeswtch.ventures to attempt to resolve the issue informally before pursuing formal legal action.

16.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to conflict of law principles.

16.3 Arbitration

Any disputes arising out of or related to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, rather than in court, except that you may assert claims in small claims court if your claims qualify.

16.4 Venue

If arbitration does not apply, any legal action or proceeding related to these Terms shall be brought exclusively in the state or federal courts located in Colorado, and you consent to the jurisdiction of such courts.

17. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

  • Posting the updated Terms on our website with a new "Last Updated" date
  • Sending an email notification to your registered email address (if applicable)

Your continued use of the Services after changes are posted constitutes your acceptance of the updated Terms.

18. Miscellaneous

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and CodeSwtch Capital Ventures regarding the use of our Services.

18.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

18.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

18.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

18.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

19. Contact Information

If you have questions about these Terms of Service, please contact us:

Email: contact@codeswtch.ventures
Website: https://codeswtch.ventures
Address: CodeSwtch Capital Ventures, Colorado, United States

20. Acknowledgment

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

Last Updated: December 19, 2024