Terms of Service

Fresh Concept Design Corporation and its wholly-owned subsidiary Equilink, Inc. (together, “Equilink”, “We”, “Us”, “Our” and the “Company”) operate the website located at https://www.equilink.io (“Site”). The Site hosts an online marketplace platform ("Platform") allowing an independent professional ("Professional") to complete work for a startup ("Startup") in exchange for part direct payment from and part investment in such Startup.

The Terms and Conditions set forth below (“Terms”) govern your use of the Site, services, and applications offered by Equilink (the “services”) and hosted hereon that relate to the Platform. These Terms are legally binding with respect to all activities and services relating to the Platform. Some of these Terms survive your use of the Site.

If you do not agree with any of these Terms, do not access or otherwise use the Platform and the related services. Your use of the Platform and the related services shall be deemed to be your agreement to abide by each of the Terms set forth below.

You agree that Equilink may make changes to the Terms and services offered on this site at any time. We will notify you of such revisions by (I) posting an updated version of these Terms on the site, (ii) providing a notification of the changes to all registered users of this site and (iii) disclosing new Terms elsewhere on the site when appropriate. You are responsible for regularly reviewing these Terms. Your continued use of the site and the associated services shall constitute your consent to such changes to the Terms.

By using the Platform, including by simply viewing it, you agree to these Terms. You agree the Terms are solely between you (and any person or entity you expressly represent to be acting as an agent for) and Equilink. Failure to maintain compliance with the Terms may result in losing access to the Site, Platform and Services. Visitors to the Site may view content on the Site, broadly defined as any text, graphics, other materials or information uploaded, downloaded or otherwise accessible through the Site (“Content”). Visitors to the Site may open an account as a “User” (a person who has an account on the Site that can neither accept nor make investments) or convert their User account to either a (i) “Startup” account (for a private company offering securities on the Platform), or (ii) “Professional” account (a person who has opened an account with the ability to accept investments through the Platform). An account type will have a User ID (“User ID”). The only people who are authorized to create accounts on the Platform are authorized representatives of Startups and prospective-investors with a substantial background in investment, financial markets and early-stage business, who understand the relevant risks and legal terms and are willing to bear the consequences.

Investment opportunities on the Platform are only intended for Professionals who are sophisticated enough to protect their own interests, have reviewed the educational materials and can tolerate risk of capital loss.

I. Use of the Services

By accessing the Site (by invitation or otherwise) or by communicating with Startups, Professionals and other Users, you agree to (i) ensure at all times that information about you or provided by you (i.e., your Content) is true, accurate, current, complete and not misleading; and (ii) promptly comply with Equilink’s request for specific action(s) or additional Content. You are responsible for all activities that occur under your account. Equilink may revoke your access to the Site and Services (including the Platform) at any time it determines that (a) you fail to fully comply with the foregoing obligations or with any provision of these Terms of Services, or (b) your action or inaction on the Site or in connection with the Services is inconsistent with Equilink’s mission to ensure transparent, compliant and good faith activities on the Site, including the maintenance of high standards of commercial conduct and integrity in relations to Securities.

II. General Obligations

When using our Site and Services, you are promising not to violate the rules of Equilink as described below. Aside from your Content, all information, documents and Services provided on this Site, including trademarks, logos, graphics and images (the “Materials”) are provided to you by Equilink or other Users. Except as expressly stated herein, you acknowledge that you have no right, title or interest in or to the Materials.

Furthermore, you cannot have any expectation that Equilink evaluates, confirms, endorses, or otherwise stands behind any Content provided by any User, Professional, or Startup. You may not treat any email or other information you receive as a result of your access to the Services as a representation of any kind by Equilink on which you should rely. Equilink is not qualified to provide legal, accounting, tax, or investment advice, and no information provided to you by Equilink, its staff or its affiliates, can be so construed.

By using our Site and our Services, you agree and acknowledge in each instance that Equilink is not an agent or otherwise a responsible entity for any matter whatsoever with respect to any investment between a Professional and a Startup. Equilink shall not be held liable to any party for any costs or damages arising out of or related to such transaction. Unless otherwise required by law, Equilink retains sole discretion to reject or accept any application from any Startup or Professional to participate on the Platform, for any reason or no reason at all.

III. Users’ Obligations to Act Responsibly

a. Promises made by each User:

1. 1. You are making the following promises:

i. Requirements to Use the Site and Services

(A) That you have the right, authority, and capacity to agree to the Terms on your own behalf and on behalf on any entity for whom you are acting for and to abide by all of the terms contained herein, and that if any aspect of your participation in Equilink violates provisions of the law to which you or an entity you are acting for are subject, you (and, if applicable, such entity) will immediately cease using the Services and close your account;

(B) That you are at least 18 years old;

(C) That you shall not use a false name or email address owned or controlled by another person with the intent to impersonate that person or for any other reason;

(D) That you shall not use a name that is subject to any rights of a person other than yourself without appropriate authorization;

(E) That you shall not make multiple accounts of the same type using the Services;

(F) That you shall be solely responsible for maintaining the confidentiality of your password;

(G) That you will update your registration information with Equilink, as needed, so that it remains true, correct and complete; and

(H) That you will conduct yourself in a professional manner in all your interactions with Equilink and with every User of the Site or Services.

ii. Requirements Related to Startups' Content on Equilink's Platform

(A) That you will only provide Equilink with Content that you have a right to provide to Equilink and to allow Equilink to display through the Services;

(B) That you have adequate rights to all copyrights, trademarks, trade secrets, intellectual property or other material provided by you for display by Equilink, and that you understand that any other Content you find on or through Equilink is the sole responsibility of the person who provided such Content;

(C) That you understand that your Content may be republished and if you do not have the right to submit Content for such use, it may subject you to liability, and that Equilink will not be responsible or liable for any use of your Content by Equilink in accordance with the Terms;

(D) That you understand that any false, incomplete or misleading information you post about a Startup or a security may result in serious civil and criminal liability for yourself and/or the Startup;

(E) That you will be solely responsible for complying with applicable laws regarding any security you offer;

(F) That you will obtain such professional advice as is appropriate to protect your interests, including legal, accounting, tax and other advice;

iii. Requirements Related to Professionals on Equilink’s Platform

(A) That you are not relying on Equilink to, and that you understand that we do not, endorse, support, represent or guarantee the completeness; truthfulness, accuracy or reliability of any Content or communications posted via the Services;

(B) That you understand that by using the Services, you may be exposed to Content that may be offensive, harmful, inaccurate or otherwise inappropriate, and that you have no claim against Equilink for any such material;

(C) That you understand that the Service may include advertisements or other similar items, which may be related to Content, queries made through the Services, or other information, and you have no claim against Equilink for the placement of advertising or similar content on the Services or in connection with the display of any Content or other information from the Services;

(D) That you will use your own judgment, conduct your own due diligence and seek any legal, financial, tax, accounting and other professional advice that may be appropriate before making any decision to invest;

(E) That you can tolerate the risk of losing any amount you invest through the Platform; and

(F) That you have reviewed and understand the risks and terms of any investment you commit to make through the Site.

IV. Miscellaneous Terms

a. Account Registration

Prior to gaining access to certain Services on the Site, Equilink will require you to set up a User ID and password (the “Password(s)”) as set forth in the account registration procedures posted on the Site. Your User ID must be a name you have the right to use. You agree to comply with the procedures specified by Equilink from time to time regarding obtaining and updating Passwords for your User ID. You agree to assume sole responsibility for the security of Passwords issued to you. Passwords are subject to cancellation or suspension by Equilink at any time, including upon the misuse of any and the re-issuance or reactivation of Passwords. You agree to ensure that you will use your best efforts to prevent any Third-Party from obtaining your Passwords, and you shall inform Equilink immediately in writing of any actual or potential unauthorized access to a Password or to the Site and/or Services.

In order to make investment commitments, you will be required to have a valid payment method associated with your account. If you have multiple payment methods associated with your account, you will be required to select the payment method you would like to use for each direct monetary payment made through your account. You are responsible for all charges to the payment method you select when making a monetary payment and disclaim all rights to seek reimbursement for overdraft fees or any other charges you may incur by changing your payment method after a payment has been made.

b. Third-Party Content

Third-parties may provide certain information and content to Equilink (“Third-Party Content”). The Third-Party Content is, in each case, the copyrighted work of the creator/licensor, and may be subject to terms of use and/or privacy policies of such third-parties. Please contact the appropriate Third-Party for further information regarding such terms.

This Site may provide links to other websites or resources over which Equilink does not have control (“External Websites”). Such links do not constitute an endorsement by Equilink of those External Websites. You acknowledge that Equilink is providing these links to you only as a convenience, and further agree that Equilink is not responsible for the content of such External Websites. If you decide to leave Equilink and access the External Websites or to use or install any External Website applications, software or content, you do so at your own risk and you should be aware that Equilink's terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from Equilink or relating to any applications you use or install from the site. Your use of External Websites is subject to the terms of use and privacy policies located on the linked to External Websites.

c. Privacy Policy

Your use of the Site is governed by the Equilink Privacy Policy that is available here (the “Privacy Policy”).

d. Notice to California Users

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Equilink must be sent via certified mail to: P.O. Box 72, Waldwick, NJ 07463. Furthermore, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

e. Amendments to the Terms

We may amend the Terms at any time in our sole discretion, effective upon posting the amended Terms at the domain of www.equilink.io where the prior version of the Terms was posted, or by communicating these changes through any written contact method we have established with you. Your use of the Services following the date on which such amended Terms are published will constitute consent to the Terms.

f. Governing Law/Arbitration/Waiver of Injunctive Relief

Governing Law/Venue. The Terms and all aspects of the Service shall be governed by and construed in accordance with the internal laws of the United States and the State of Delaware governing contracts entered into and to be fully performed in Delaware (i.e., without regard to conflict of law's provisions) regardless of your location except that the arbitration provision shall be governed by the rules of FINRA Dispute Resolution, Inc. (“FINRA DR”). For the purpose of any judicial proceeding to enforce such award or incidental to such arbitration or to compel arbitration, or if for any reason a claim proceeds in court rather than in arbitration, the parties hereby submit to the non-exclusive jurisdiction of the state and Federal courts sitting in New York, NY and agree that service of process in such arbitration or court proceedings shall be satisfactorily made upon it if sent by certified, express or registered mail addressed to it at the address set forth in the books and records of the Company, or if no such address has been provided, by email to the email address provided by the relevant parties to the Company in connection with their use of the Service. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in New York, NY and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in New York, NY.

Injunctive and Equitable Relief. You acknowledge that the rights granted to Equilink through the use of the Site are of a unique and irreplaceable nature, the loss of which shall irreparably harm the Company and which cannot be replaced by monetary damages alone. Nothing in these Terms shall prevent Equilink from seeking injunctive or equitable relief (without the obligations of posting any bond or surety) with respect to these Terms, in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).

Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms ("Dispute"), you and the Company agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to P.O. Box 72, Waldwick, NJ 07463.

Binding Arbitration. If you and the Company are unable to resolve a Dispute through informal negotiations, either you or the Company may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration in accordance with the rules of FINRA DR. Any election to arbitrate by one party shall be final and binding on the other. You thereby agree to arbitrate any controversy or claim before FINRA DR in the State of New York. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

This provision contains a pre-dispute arbitration clause. By using the Site as a Professional, you are entering into an arbitration agreement, by which the parties agree as follows:

(A) All parties to the Terms are giving up the right to sue each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed.

(B) Arbitration awards are generally final and binding; a party's ability to have a court reverse or modify an arbitration award is very limited.

(C) The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings.

(D) The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least twenty (20) days prior to the first scheduled hearing date.

(E) The panel of arbitrators may include a minority of arbitrators who were or are affiliated with the securities industry.

(F) The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court.

(G) The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into the Terms."

(H) No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: (i) the class certification is denied; or (ii) the class is decertified; or (iii) the professional is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under the Terms except to the extent stated herein.

As you consent to the Terms by your use of the Site, you acknowledge that you can locate this pre-dispute arbitration clause using a search function on your webpage and that you have received a copy of this pre-dispute arbitration clause by or through your access of the Site. We can provide you proof of when you consented to the Terms, specifically this pre-dispute arbitration clause within ten (10) business days of receipt of your request, we will provide you with a copy of any pre-dispute arbitration clause or investor agreement executed between you and us. Upon your written request, we will provide you with the names of, and information on how to contact or obtain the rules of, all arbitration forums in which a claim may be filed under the Terms.

Except as otherwise provided in these Terms, you and the Company may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. Judgment upon any award rendered by the arbitrator(s) may be entered and enforcement obtained thereon in any court having jurisdiction. All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The arbitrator(s) shall have authority to grant any form of appropriate relief, whether legal or equitable in nature, including specific performance. You and we agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive. All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity.

Restrictions/No Class Actions. Except as prohibited by law or FINRA DR, you and the Company agree that any arbitration shall be limited to the Dispute between the Company and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exclusive Process. You acknowledge that the arbitrator(s), and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability or formation of the Terms, including but not limited to any claim that all or any part of these Terms are void or voidable. Without limiting the generality of the foregoing, the arbitrator shall have the exclusive authority to interpret the scope of this clause, and the arbitrability of the controversy, claim or dispute.

Exceptions to Informal Negotiations and Arbitration. You and the Company agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or the Company's intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.

To the extent non-U.S. laws mandate a different approach with respect to governing law, venue, statute of limitation, and dispute resolution method with respect to certain non-U.S. persons, each such required standard shall be applied, but all other provisions under this Section IV(f) shall remain in full force.

g. Waiver/Severability

The failure of the Company to require or enforce strict performance by you of any provision of the Terms or to exercise any right thereunder shall not be construed as a waiver or relinquishment of the Company's right to assert or rely upon any such provision or right in that or any other instance. In fact, the Company may choose to enforce certain portions of the Terms more strictly or to interpret certain provisions more strictly against certain users than it does against users in general, and such disparate treatment shall not be grounds for failing to comply with the Terms as so interpreted.

You and the Company agree that if any portion of the Terms are found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.

h. Statute of Limitations.

You and the Company both agree that regardless of any statute or law to the contrary but only to the extent permissible by law in each relevant jurisdiction, any claim or cause of action arising out of or related to use of the Services, these Terms or our Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.

i. No Third-Party Beneficiaries.

This agreement is between you and the Company. No User has any rights to force the Company to enforce any rights it may have against any you or any other user, except to the extent that Issuers may enforce their own intellectual property rights related to Content offered through the Services.

j. Government Use.

If You are a part of an agency, department, or other entity authorized by the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of the any of our products or Services is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Services and any related software are "commercial item," "commercial computer software" and "commercial computer software documentation". In accordance with such provisions, any use of the Services by the Government shall be governed solely by these Terms.

k. Indemnification

You agree to defend, indemnify and hold harmless Equilink and its affiliates, representatives, partners, agents and employees from and against any and all liabilities, claims, costs and expenses, including attorneys' fees, that arise out of or in connection with your use of the Site and/or the Services or breach of these Terms.

l. Disclaimer of Warranty

YOU ACKNOWLEDGE AND AGREE THAT THIS SITE AND/OR THE SERVICES ARE BEING PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND MAY INCLUDE CERTAIN ERRORS, OMISSIONS, OUTDATED INFORMATION WHICH MAY AFFECT THE QUALITY OF THE CONTENT. YOU ACKNOWLEDGE THAT THE CONTENT HAVE NOT BEEN INDEPENDENTLY VERIFIED OR AUTHENTICATED IN WHOLE OR IN PART BY EQUILINK, AND AGREE THAT EQUILINK DOES NOT WARRANT THE ACCURACY OR TIMELINESS OF THE CONTENT AND FURTHER AGREE THAT EQUILINK HAS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT, WHETHER PROVIDED BY EQUILINK OR ITS LICENSORS. EQUILINK MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE’S UP TIME NOR THE USABILITY OR ACCESSIBILITY OF THE SITE BY USERS, PROFESSIONALS, STARTUPS OR VISITORS OF THE SITE.

EQUILINK, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE AND/OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE CONTENT AND ANY THIRD-PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND/OR THE SERVICES AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" BASIS AND IS FOR PERSONAL USE OR INTERNAL BUSINESS USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED. EQUILINK PROVIDES THE SERVICES "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND.

WE MAKE NO REPRESENTATION THAT THE CONTENT ON THIS SITE CONFORMS TO YOUR LOCAL LAWS, AND IF YOU ARE ACCESSING THIS SITE FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ALONE ARE RESPONSIBLE FOR COMPLIANCE WITH YOUR LOCAL LAWS. WE HEREBY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

m. Limitation of Liability

IN THE CASE OF NEGLIGENCE, NEITHER EQUILINK, NOR ANY OF ITS AFFILIATES, NOR ANY PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, THIRD-PARTY PROVIDERS, OR CONTENT PROVIDERS OF THE FOREGOING SHALL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, TECHNICAL ERRORS, ACCIDENTAL ERRORS, YOUR INABILITY TO ACCESS THE SITE, THE RESULTS OF YOUR USE OF THE SITE AND/OR THE SERVICES, OR ANY EXTERNAL WEBSITES LINKED TO THIS SITE, OR THE CONTENT ON THE SITE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF EQUILINK WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT EQUILINK OR ANY OF ITS PARTNERS, AGENTS, THIRD-PARTY PROVIDERS OR CONTENT PROVIDERS ARE FOUND TO BE GROSSLY NEGLIGENT OR WILLFUL IN THEIR MISCONDUCT, BY AN ARBITRATOR AUTHORIZED TO ACT BY THESE TERMS, DAMAGES WILL BE LIMITED TO (i) THE TOTAL AMOUNT OF EQUILINK’S COMMISSION FOR EACH PROFESSIONALS' MONETARY PAYMENT WITH RESPECT TO A STARTUP, (ii) $0.02 FOR USERS, OR (iii) THE TOTAL AMOUNT OF EQUILINK’S COMMISSION FOR EACH STARTUPS’ RELEVANT EXCHANGE OF SECURITIES WITH RESPECT TO A PROFESSIONAL.

n. E-Signature and E-Delivery (Electronic Signature (E-Sign) and Uniform Electronic Transactions Act (UETA) Disclosure)

THIS E DISCLOSURE AND CONSENT IS PROVIDED IN COMPLIANCE WITH THE ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT, 15 USC §7001, ET SEQ. (“E-SIGN ACT”) AND THE UNIFORM ELECTRONIC TRANSACTIONS ACT, AS ADOPTED BY THE VARIOUS STATES. BY USING THIS SITE, VISITORS AND USERS THEREBY AGREE TO THESE TERMS IN THEIR ENTIRETY, WHICH MAY BE AMENDED FROM TIME TO TIME. RELEVANT AGREEMENTS GOVERNING SPECIFIC TRANSACTIONS AND ACTIVITIES ON THE SITE ARE TYPICALLY AGREED TO VIA ELECTRONIC SIGNATURES, EVIDENCED BY THE RELEVANT PARTIES SELECTING "ACCEPT" BUTTON OR CONFIRMING VIA OTHER FORMS OF ELECTRONIC COMMUNICATION (“ELECTRONIC SIGNATURE”). YOU AGREE YOUR ELECTRONIC SIGNATURE IS THE LEGAL EQUIVALENT OF YOUR MANUAL/HANDWRITTEN SIGNATURE. BY SELECTING "I ACCEPT" USING ANY DEVICE, MEANS OR ACTION, YOU CONSENT TO THE LEGALLY BINDING TERMS AND CONDITIONS OF THE RELEVANT AGREEMENT. YOU ALSO AGREE THAT NO CERTIFICATION AUTHORITY OR OTHER THIRD-PARTY VERIFICATION IS NECESSARY TO VALIDATE YOUR E-SIGNATURE, AND THAT THE LACK OF SUCH CERTIFICATION OR THIRD-PARTY VERIFICATION WILL NOT IN ANY WAY AFFECT THE ENFORCEABILITY OF YOUR E-SIGNATURE OR THE RELEVANT AGREEMENT. YOU HAVE THE RIGHT TO WITHDRAW YOUR CONSENT AT ANY TIME. TO WITHDRAW CONSENT, YOU MAY SEND A WRITTEN REQUEST BY E-MAILING CONTACT@EQUILINK.IO. IF CONSENT IS WITHDRAWN, EQUILINK RESERVES THE RIGHT TO DISCONTINUE YOUR ACCESS TO THE SITE, TERMINATE ANY AND ALL AGREEMENTS WITH YOU OR OTHER PARTIES HOSTED ON THE SITE, AND/OR CHARGE YOU ADDITIONAL FEES FOR PAPER COPIES. IF, AFTER YOU CONSENT TO PROVIDE YOUR SIGNATURE ELECTRONICALLY, AND YOU WOULD LIKE A PAPER COPY OF AN ELECTRONIC SIGNATURE, YOU MAY REQUEST A COPY WITHIN ONE HUNDRED EIGHTY (180) DAYS OF THE ELECTRONIC SIGNATURE BY CONTACTING EQUILINK AS DESCRIBED ABOVE. EQUILINK WILL SEND YOUR PAPER COPY TO YOU BY U.S. MAIL. IN ORDER FOR EQUILINK TO SEND PAPER COPIES TO YOU, YOU MUST HAVE A CURRENT STREET ADDRESS ON FILE WITH EQUILINK AS YOUR PRIMARY MAILING ADDRESS. IF YOU REQUEST PAPER COPIES, YOU UNDERSTAND AND AGREE THAT EQUILINK MAY CHARGE YOU A PAPER COMMUNICATIONS FEE FOR EACH COMMUNICATION AT THE CURRENT RATE DETERMINED BY THE COMPANY.

CONSENT TO ELECTRONIC DELIVERY. AS A USER OF THIS PLATFORM, YOU SPECIFICALLY AGREE TO RECEIVE, OBTAIN, AND/OR SUBMIT ANY AND ALL DOCUMENTS AND INFORMATION ELECTRONICALLY. THESE DOCUMENTS AND INFORMATION WILL BE COLLECTIVELY KNOWN AS "ELECTRONIC COMMUNICATIONS," AND WILL INCLUDE, BUT NOT BE LIMITED TO, ANY AND ALL CURRENT AND FUTURE REQUIRED NOTICES AND/OR DISCLOSURES, AND ALL RELEVANT AGREEMENTS RELATING TO YOUR ACTIVITIES ON THE SITE. YOU ACCEPT ELECTRONIC COMMUNICATIONS PROVIDED VIA EMAIL AS REASONABLE AND PROPER NOTICE FOR THE PURPOSE OF FULFILLING ANY AND ALL RULES AND REGULATIONS AND AGREE THAT SUCH ELECTRONIC COMMUNICATIONS FULLY SATISFY ANY REQUIREMENT THAT COMMUNICATIONS BE PROVIDED TO YOU IN WRITING OR IN A FORM THAT YOU MAY KEEP. AS A USER OF THIS PORTAL, YOU ARE RESPONSIBLE FOR KEEPING YOUR PRIMARY EMAIL ADDRESS ON FILE WITH EQUILINK UP TO DATE, SO THAT EQUILINK CAN COMMUNICATE WITH YOU ELECTRONICALLY. YOU UNDERSTAND AND AGREE THAT IF EQUILINK SENDS YOU AN ELECTRONIC COMMUNICATION, BUT YOU DO NOT RECEIVE IT BECAUSE YOUR PRIMARY EMAIL ADDRESS ON FILE IS INCORRECT, OUT OF DATE, BLOCKED BY YOUR INTERNET SERVICE PROVIDER, OR YOU ARE OTHERWISE UNABLE TO RECEIVE ELECTRONIC COMMUNICATIONS, EQUILINK STILL WILL BE DEEMED TO HAVE PROVIDED THE COMMUNICATION TO YOU.

Last Updated July 12th, 2021.

Privacy Policy

This Privacy Policy was last updated on July 13th, 2021.

This privacy policy (“Privacy Policy”) describes how Fresh Concept Design Corporation dba Equilink (together “Equilink,” “we,” “us,” and “our”), collect, use and disclose any personal information provided to us through our website and other online services (collectively, the “Services”) and when you otherwise interact with us, such as through our customer service channels. A “user” or “you” refers to anyone who accesses, browses, or in any way uses the Services. By using the Services, you acknowledge and consent to our practices described below. Your use of the Services and this Privacy Policy are subject to and governed by our Terms of Service.

We are committed to protecting your privacy and preserving your trust. Please carefully review this Privacy Policy.

Personal Information We Collect and Process

We collect and determine the purposes and means of the processing of certain information that may personally identify you (“Personal Information”) when you use our Services, like when you sign up for an account, participate in an investment, or otherwise interact with or communicate with us. We may also receive, and process Personal Information controlled and stored by third parties with your consent.

Personal Information we collect includes, among other things, your:

Identity data such as your full name and gender.

Contact data such as your email address, mailing address, and telephone numbers.

Profile data such as your username and password, investments held by you via Equilink, your profile preferences, and feedback.

Usage information such as information about how you access and use our Services, your actions on the Services, including your interactions with others on the Services, photos or media you upload to the Services, and other content you may provide.

Technical Data such as IP (internet protocol) address, ISP (internet service provider), the web browser used to access the Services, the time the Services were accessed, which web pages were visited, operating system and platform, a mobile device-type identifier, and other technology on the devices you use to access our Services (“Technical Data”).

Additional information such as information that you submit via job applications, customer support, or other similar means and any other information you provide to Equilink.

The decision to provide Personal Information is optional when using the Services; however, if you decide not to register an account or provide the necessary Personal Information to validate your account or fulfill your obligations when using the Services, you may not be able to use certain features of our website or the Services, as further explained in our Terms of Service.

Even if you do not register a user account, we may collect Technical Data from you. Technical data may allow us to determine more specific information about you, such as the operating system of the device used to access the Services and your approximate location. We also use third-party analytics services to provide us with a clearer picture of how you use the Services, such as where you click on our website, non-sensitive text entered into our website, and mouse movements.

Cookies and Other Identifiers

Similar to many digital platforms, we collect certain information through cookies, web beacons and other identifiers when you use our Services in order to provide, improve, protect, and promote our Services.

Cookies are small text files containing strings of alphanumeric characters that may uniquely identify your browser and let us help you log in faster and enhance your navigation through our website. A cookie may also convey information to us about how you use the Services (e.g., the pages you view, the links you click, how frequently you access the Services, and other actions you take on the Services), allow us to track your usage of the Services over time, and help us remember information about your visit. You can set your browser to not accept cookies, but this may limit your ability to use the Services.

Our website uses the following types of cookies:

• Essential Cookies: These cookies are necessary to provide you with the Services available through our website.
• Performance and Functionality Cookies: These cookies are used to enhance the performance and functionality of our website.
  

• Analytics and Customization Cookies: These cookies collect information that is used either in aggregate form to help us understand how our website is being used or how effective our marketing campaigns are, or customize our website for you.
• Advertising Cookies: These cookies are used to make advertising messages more relevant to you. They perform functions like preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting advertisements that are based on your interest.

This Privacy Policy does not cover the collection of information by cookies or other methods by third-parties. Please see the section How to Remove Cookie Tracking below for details on how to disable cookie tracking.

Other Identifiers

Web beacons or tracking pixels or clear gifs are another tool we employ. A tracking pixel is a transparent graphic image that is placed on a web page and, in combination with a cookie, allows us to collect information regarding the use of the web page that contains the tracking pixel. We use tracking pixels to trigger ads on participating websites based on activity tracked from the browser on a device used to visit our website. We also use them to tell when an advertisement we run on another website has been clicked on by Equilink visitors and use that information to judge which advertisements are more appealing to users.

Tracking pixels can also be used for third party web analytics and are used in HTML-based emails we send you to track which emails are opened and which links you click. The information collected from web beacons allows for more accurate reporting and improvement of the Services.

Although we do our best to honor your privacy preferences, we are not able to respond to “Do Not Track” signals from your browser or device at this time.

How We Share and Use Your Personal Information

We may share Personal Information you provide to us with our affiliated entities (“Affiliated Entities”). If the Services you use are exclusively provided by one of our Affiliated Entities, you have the right to limit the other Affiliated Entities from contacting you for marketing purposes (“Affiliate Marketing”). Examples of Personal Information that we may share for Affiliate Marketing include your name, email address, and phone number.

We provide Personal Information on a confidential basis to non-affiliated companies we engage as vendors or agents (“Third Party Providers”) and where we have a legal basis for sharing your Personal Information including (i) to facilitate the Services, such as with the companies we host, escrow agents, transfer agents, counsel, advisors, accountants, banks and other financial service providers, and (ii) to service our operations, such as maintaining software or servers, designing or implementing marketing initiatives on our behalf, or conducting audit or testing of any aspect of our operation or Services. Personal Information will be shared with such Third Party Providers only to the extent reasonably necessary for them to perform services for us or on our behalf and pursuant to confidentiality obligations, or in response to information requests, subpoenas, court orders, or legal process, from law enforcement agencies, self-regulatory organizations, state, federal and foreign regulators.

In addition to some of the specific uses of Personal Information we describe in this Privacy Policy, we collect and process Personal Information in order to: (i) deliver and improve our Services; (ii) manage user accounts and provide customer support; (iii) perform research and analysis about the use of the Services; (iv) develop, display, and track content and advertising tailored to your interests on the Services and other websites, including providing our advertisements to you when you visit other websites or mobile applications; (v) diagnose or fix technology problems; (vi) automatically update the Services; (vii) verify your identify and prevent fraud or other unauthorized or illegal activity; (viii) enforce or exercise any rights in our Terms of Service ; (ix) provide users with statistics on how they use the Services relative to other anonymous users; (x) comply with applicable laws and legal obligations; and (xi) perform functions or services as otherwise described to you at the time of collection.

Note that in the ordinary course of internet activity, certain information may be sent from your browser to third parties such as advertising networks and analytics companies. Equilink has no control over the information sent from your browser to those networks or other third parties and recommends that you ensure that your browser settings prevent the disclosure of information you would not like to share.

For further information on our opt-out policies, please see the section Your Choices About Your Personal Information below.

How We Transfer Your Personal Information

The Services are maintained in the United States of America. Personal Information that you provide us may be stored, processed and accessed by us, our staff, sub-contractors and third parties with whom we share Personal Information in the United States of America. We may also store Personal Information in locations outside the direct control of Equilink (for instance, on servers or databases co-located with hosting providers).

Although we welcome users from all over the world, by accessing the Services and providing us with your Personal Information, you consent to and authorize the export of Personal Information to the United States and its storage and use as specified in this Privacy Policy. Note the laws of the United States might not be as comprehensive or protective as laws in the country where you live.

Changes of Control

In the event an Equilink entity merges with another entity, is sold, or transfers its assets, we may disclose or transfer your Personal Information in connection with the negotiation and/or conclusion of such transaction.

Security and Storage of Your Personal Information

We follow industry privacy and data security standards as required under applicable data security rules and regulations (“Data Protection Laws”) to protect Personal Information submitted to us, both during transmission and once we receive it. When you provide us with Personal Information (such as Financial Data), we encrypt the transmission of that information using secure socket layer technology (SSL). We routinely review our security procedures to consider appropriate new technology and methods. Please be aware, however, that no method of transmission over the Internet, or method of electronic storage, is free of risk. Therefore, we cannot guarantee that your Personal Information will not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. We disclaim all responsibility and liability for unauthorized access to our servers and systems.

We will retain your Personal Information for as long as your account is active or is needed to provide you the Services and may retain your Personal Information after you discontinue use of the Services provided there is a legal basis to do so. We will retain and use your Personal Information as necessary to comply with our legal obligations, including to meet our regulatory obligations, to resolve disputes, and to enforce our agreements.

Your Choices About Your Personal Information

Registering a user account with Equilink is voluntary and you do not need to create an account to use some of the Services. If you decline to submit Personal Information, Equilink may not be able to provide certain Services to you. If you elect to register an account with us, you may update or correct your account information and email preferences at any time by logging into your account. If you would like us to remove or amend your Personal Information from our database, please send a request to contact@equilink.io; please note, as many of the Services we provide are regulated, we will not be able to remove Personal Information we are required to retain for audit purposes or where a legal basis exists for retaining your Personal Information.

When you sign up for our Services, we will send periodic emails to you regarding the Services or to tell you about new services we believe will be of interest to you. You may also subscribe to our blog and newsletter or sign up to hear about investing opportunities without registering a user account. You may choose to stop receiving our marketing emails by following the unsubscribe instructions included in these emails. If you do not wish to receive Affiliate Marketing, or any marketing, in general, you may always opt out by contacting us. You can also opt out of promotional email communications at any time by clicking on the unsubscribe link in any email you receive from us, or you can contact us at contact@equilink.io.

User Access Rights

Under certain Data Protection Laws, you may have the right to request access to your Personal Information where your Personal Information is controlled by Equilink. Such rights may include:

• The right to request that your Personal Information be corrected.
• The right to request that your Personal Information be deleted from Equilink’s systems. This process is also referred to as the ‘right to be forgotten’. Equilink will comply with this request except where Equilink is required by law or regulation to keep your Personal Information. In such circumstances Equilink will advise you as to this legal or regulatory obligation.
• Where Equilink relies on your consent to process your Personal Information controlled by Equilink, you may have the right to withdraw such consent to further use your Personal Information.
• In certain circumstances, you may have the right to object to Equilink processing your Personal Information. For example, you may unsubscribe from marketing messages or blogs to which you consented and subscribed by following the unsubscribe link or instructions contained in such message or blogs.
• In certain circumstances, you may have the right to request that Equilink transfer Personal Information that you have provided to us to a third-party.
• The right to file a complaint with the local data protection regulator if you believe that Equilink has breached Data Protection Laws when using your Personal Information.
• The right to request access to Personal Information collected and controlled by Equilink by sending an email to: contact@equilink.io.
  

Your California Privacy Rights

If you are a California resident, under the California Consumer Privacy Act (“CCPA”) you have additional rights regarding your Personal Information.

Right to Know. You have the right to know and see what Personal Information Equilink has collected about you over the preceding 12 months, including:

• The categories of Personal Information Equilink has collected about you;
• The categories of sources from which Personal Information is collected;
• The purposes for collecting your Personal Information in accordance with the Services;
• The commercial purposes for collecting your Personal Information;
• The categories of third parties with whom Equilink has shared your Personal Information; and
• The specific pieces of Personal Information Equilink has collected about you.

Right to Delete. You have the right to request that Equilink delete the Personal Information we have collected from you.

Deletion of your Personal Information is not an absolute right, however. There are exceptions under which we may retain your Personal Information and where we are not required to delete your Personal Information.

If you are a California resident and would like to exercise your rights in accordance with the CCPA, you may contact Equilink using any of the following methods:

• Via email at contact@equilink.io; or
• Via our toll free line at (201) 615-3683.

We will respond to a California consumer requests for access or deletion within 45 days of receiving that request. If we require more time, we will inform you of the reason and extension period in writing.

Special Notice Regarding Minors

Equilink respects the privacy of children of all ages and in particular recognizes the sensitivity of Personal Information concerning children under the age of 18 (“Minors”) and therefore provides this special notice to parents and legal guardians regarding the collection and use of Personal Information collected from Minors. The Services are not directed toward Minors. If you are under the age of 18, you may not use or access the Services. If we discover that a Minor has provided us with Personal Information, we will use commercially reasonable efforts to delete such Minor’s Personal Information from our system and close their user account. In some instances, we may be required to retain a Minor’s Personal Information in a limited capacity to comply with regulatory requirements.

How to Remove Cookie Tracking

We use tools, such as Google Analytics, to facilitate the collection of information. If you wish to disable Google Analytics from all websites you visit (not limited to our website), you can follow this link. The information gathered through the tools we employ is used to create reports about the use of our website and Services.

Please contact us if you wish to opt out of any of the tools we use. Please note, we reserve the right to add more tools or disable tools and will update this Privacy Policy to reflect these changes. Your request to disable such tools or your disabling of tools may limit your ability to access and utilize the Services.

Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can obtain information about blocking and deleting cookies on certain web browsers via these links: Chrome, Firefox, Safari, and Edge.

Our website is protected by reCAPTCHA. The Google Privacy Policy and Terms of Service apply when you access Google’s website.

Changes to Our Privacy Policy

We reserve the right, in our sole discretion, to change, modify, add, or remove portions of this Privacy Policy at any time. Any changes or updates will be effective immediately upon posting to this page. You should review this Privacy Policy regularly for changes. You can determine if changes have been made by checking the effective date at the top of this Privacy Policy. Your continued use of our Services following the posting of any changes to this Privacy Policy means you consent to such changes.

How to Contact Us

If you have any questions about our practices or this Privacy Policy, please contact us at contact@equilink.io or at:

P.O. Box 72
Waldwick, NJ 07463

Risk Factors

Every investor should be aware that investing in companies on Equilink’s platform involves a high degree of risk, regardless of any assurance provided by the company on the Equilink platform.

There can be no assurance that:

• any information or projection by the company has been validated or is reliable,
• a startup will achieve its business plan, or
• an investor will receive a return of any part of its investment or
• any investment purchased through the Equilink platform will be able to be resold.

The following considerations, among others, should be carefully evaluated before making an investment in a company via Equilink.

Risk inherent in startup investments; investors may, and frequently do, lose all of their investment

Investments in startups (including early-stage ventures and emerging technology companies) involve a high degree of risk. Financial and operating risks confronting startups are significant. While targeted returns should reflect the perceived level of risk in any investment situation, such returns may never be realized and/or may not be adequate to compensate an investor for risks taken. Loss of an investor’s entire investment is possible and can easily occur. Moreover, the timing of any return on investment is highly uncertain.

The startup market is highly competitive and the percentage of companies that survive and prosper is small. Startups often experience unexpected problems in the areas of product development, manufacturing, marketing, financing, and general management, among others, which frequently cannot be solved. Startups may require substantial amounts of financing, which may not be available through institutional private placements, the public markets or otherwise.

Investment in new concepts and technologies

The value of an investor’s investment in a startup may be susceptible to factors affecting the relevant industry and/or to greater risk than an investment in a vehicle that invests in a broader range of securities. Some of the many specific risks faced by such startups include:

• Rapidly changing technologies;
• Products or technologies that may quickly become obsolete;
• Scarcity of management, technical, scientific, research and marketing personnel with appropriate training;
• The possibility of lawsuits related to patents and intellectual property;
• Rapidly changing investor sentiments and preferences with regard to technology sector investments (which are generally perceived as risky); and
• Exposure to government regulation, making these companies susceptible to changes in government policy and delays or failures in securing regulatory approvals.
  

Changing economic conditions

The success of any investment activity is determined to some degree by general economic conditions. The availability, unavailability, or hindered operation of external credit markets, equity markets and other economic systems which an individual startup may depend on to achieve its objectives may have a significant negative impact on a startup’s operations and profitability.

The stability and sustainability of growth in global economies (and as it relates to crypto-currencies, new and emerging decentralized economies) may be impacted by terrorism, acts of war, increased regulatory scrutiny and fragmentation, or a variety of other unpredictable events. There can be no assurance that such markets and economic systems will be available or will be available as anticipated or needed for an investment in a startup to be successful.

Future and past performance

The past performance of a startup or its management is not predictive of a startup startup’s future results. There can be no assurance that targeted results will be achieved. Loss of investment is possible, and even likely, on any given investment.

Difficulty in valuing startup investments

It is enormously difficult to determine values for any startup. In addition to the difficulty of determining the magnitude of the risks applicable to a given startup and the likelihood that a given startup’s business will be a success, there may not be a market ready for a startup’s securities or other source of price information on arm’s length transactions. Furthermore, there is likely to be little–if any–public information about the operating or financial history for startups that used Equilink to offer securities. Investments in startups made through Equilink will be challenging to value.

Minority investments / limited rights

A significant portion of an investor’s investments through Equilink will represent minority stakes in privately held companies or the right to assets not yet created by the startup. An investor’s interest in a startup may be non-voting shares or may represent a debt interest. Even with voting shares, as is the case with minority holdings in general, such minority stakes will have neither the control characteristics of majority stakes nor the valuation premiums accorded majority or controlling stakes. Investors will be reliant on the existing management and board of directors of such companies, which may include representatives of other financial investors with whom the investor is not affiliated and whose interests may conflict with the interests of the investor.

No voting rights

If and when you receive voting shares in a startup, your voting rights will likely be diluted when the startup raises additional funds. Many investments will never provide the investor the right or ability to vote.

Lack of information for monitoring and valuing startups

The investor may not be able to obtain all information it wants regarding a particular startup. It is possible that the investor may not be aware on a timely basis of material adverse changes that have occurred with respect to certain of its investments. As a result of these difficulties, as well as other uncertainties, an investor may not have accurate information about a startup’s current value.

No assurance of additional capital for startups

After an investor has invested in a startup, continued development and marketing of the startup’s products or services, or administrative, legal, regulatory or other needs, may require that it obtain additional financing. In particular, startups generally have substantial capital needs that are typically funded over several stages of investment. Such additional financing may not be available on favorable terms, or at all.

Absence of liquidity and public markets

An investor’s investments will generally be private, illiquid holdings. As such, there will be no public markets for the securities held by the investor, and no readily available liquidity mechanism at any particular time for any of the investments.

Tax risks

There are many tax risks relating to investments in startups, which are complicated and difficult to address. You should consult your tax advisor for information about the tax consequences of purchasing:

• equity or the right to equity securities of a startup;
• debt securities of a startup;
• crypto-assets or the right to crypto-assets of a startup; and
• other unique investment instruments that may be hosted on Equilink.
  

Withholding and other taxes

The structure of any investment in a startup may not be tax efficient for any particular investor, and no startup guarantees that any particular tax result will be achieved. In addition, tax reporting requirements may be imposed on investors under the laws of the jurisdictions in which investors are liable for taxation. Investors should consult their own professional advisors with respect to the tax consequences to them of an investment in a startup under the laws of the jurisdictions in which the investors and/or the startup are liable for taxation.

Limited operating history of startups

A startup may be a newly formed entity with little or no operating history. Each offering should be evaluated on the basis that the startup’s business plan and projections may not prove accurate and that the startup may not achieve its objective. Past performance of a startup or its team is not predictive of future results.

Diverse investors

Investors and employees in a startup may have conflicting investment, tax, and other interests with respect to startup ownership, which may arise from the structuring of the startup or the timing of a sale of the startup or other factors. As a consequence, decisions made by the startup’s management on such matters may be more beneficial for some investors than for others. Investors should be aware that startup management tends to consider the investment and tax objective of its shareholders as a whole when making decisions on investment structure or timing of sale, and not the circumstances of any investor individually.

Lack of investor control

Investors in a startup will not make decisions with respect to the startup’s business and affairs.

Confidential information

Certain information regarding the startups will be highly confidential. Competitors may benefit from such information if it is ever made public, and that could result in adverse economic consequences to the investors.

Forward-looking statements

The information a startups makes available to investors may contain "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995. These statements can be identified by the fact that they do not relate strictly to historical or current facts. Forward-looking statements often include words such as "anticipates," "estimates," "expects," "projects," "intends," "plans," "believes" and words and terms of similar substance in connection with discussions of future operating or financial performance.

Examples of forward-looking statements include, but are not limited to, statements regarding:

• the adequacy of a startup’s funding to meet its future needs;
• the revenue and expenses expected over the life of the startup;
• the market for a startup’s goods or services; or
• other similar matters.

Each startup’s forward-looking statements are based on management's current expectations and assumptions regarding the startup’s business and performance, the economy and other future conditions and forecasts of future events, circumstances and results. As with any projection or forecast, forward-looking statements are inherently susceptible to error, uncertainty, and changes in circumstances. The startup’s actual results may vary materially from those expressed or implied in its forward-looking statements.

Important factors that could cause the startup’s actual results to differ materially from those in its forward-looking statements include government regulation, economic, strategic, political and social conditions and the following factors:

• errors in estimates such as in the expected market size, expected costs of bringing a product to market, expected timelines and resources required to complete projects, and other operational and financial estimates;
• recent and future changes in technology, services and standards;
• changes in consumer behavior;
• changes in a startup’s plans, initiatives and strategies, and consumer acceptance thereof;
• changes in the plans, initiatives and strategies of the third parties that are necessary or important to the startup’s success;
• competitive pressures, including as a result of changes in technology;
• the startup's ability to deal effectively with economic slowdowns or other economic or market difficulties;
• increased volatility or decreased liquidity in the capital markets, including any limitation on the startup’s ability to access the capital markets for debt securities, refinance its outstanding indebtedness or obtain equity, debt or bank financings on acceptable terms;
• the failure to meet earnings expectations;
• the failure to comply with federal, state and foreign regulations as they related to securities offerings and exchanges;
• the adequacy of the startup's risk management framework;
• changes in U.S. GAAP or other applicable accounting policies;
• the impact of terrorist acts, hostilities, natural disasters (including extreme weather) and pandemic viruses;
• a disruption or failure of the startup's or its vendors' network and information systems or other technology upon which the Company's businesses rely;
• changes in tax, federal communication and other laws and regulations
• digital systems being compromised by hacking, forking and hostile take-over;
• changes in foreign exchange rates and in the stability and existence of foreign currencies; and
• other risks and uncertainties which may or may not be specifically discussed in materials provided to investors.

Any forward-looking statement made by a startup speaks only as of the date on which it is made. Startups are under no obligation to, and generally they expressly disclaim any obligation to, update or alter their forward-looking statements, whether as a result of new information, subsequent events or otherwise.

The foregoing risks do not purport to be a complete explanation of all the risks involved in acquiring equity or debt securities in a startup. Each investor is urged to seek their own independent legal and tax advice and read the relevant investment documents before deciding to invest in a startup via Equilink.