Terms of Service

Effective date: March 25, 2025

Introduction

These Terms of Service (“Terms”) govern your access to and use of the EquiRound platform and website (equiround.com), operated by Hey Data Pty Ltd (“we”, “us”, or “our”). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

Definitions

  • Service — the EquiRound platform, including the website, web application, and all related features and functionality
  • User — any individual or entity that creates an account or uses the Service
  • Content — any data, information, documents, or materials you upload, enter, or store through the Service
  • Subscription — your plan with EquiRound, whether free or paid

Account Registration

To use the Service, you must create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Keep your account credentials secure and confidential
  • Notify us immediately if you suspect unauthorized access to your account
  • Not share your account with others or create multiple accounts for the same person

You are responsible for all activity that occurs under your account.

The Service

EquiRound provides a cap table management, ESOP tracking, and funding round dilution simulation platform for startups and businesses. The Service includes features such as ownership tracking, share class management, equity grant administration, convertible instrument modeling, waterfall analysis, and document storage.

EquiRound is a management tool and does not constitute legal, financial, tax, or investment advice. Equity decisions have significant legal and financial implications. Always consult qualified professionals — including lawyers, accountants, and financial advisors — before making equity-related decisions based on information displayed in the Service.

Subscriptions and Billing

Plans

EquiRound offers free and paid subscription plans. Current plans, features, and pricing are available on our pricing page. All plans include access to all features — plans differ based on your company’s funding stage.

Payments

  • Paid subscriptions are billed monthly in United States Dollars (USD)
  • Payments are processed by a third-party payment processor. By subscribing to a paid plan, you agree to the payment processor’s terms of service
  • Subscriptions automatically renew at the end of each billing period unless cancelled

Cancellation

  • You may cancel your subscription at any time
  • Upon cancellation, you retain access to paid features through the end of your current billing period
  • After your billing period ends, your account will revert to the free plan
  • We do not offer refunds for partial billing periods

Pricing Changes

We may change our pricing from time to time. If we change the price of your current plan, we will notify you at least 30 days before the change takes effect. If you do not agree to the new pricing, you may cancel your subscription before the change applies.

Failed Payments

If a payment fails, we will attempt to process it again and notify you. If payment remains unsuccessful after a reasonable period, we may suspend or downgrade your account until payment is resolved.

Your Content and Data

Ownership

You retain full ownership of all Content you enter into EquiRound, including cap table information, stakeholder data, equity records, financial data, and uploaded documents. We do not claim any ownership rights over your Content.

License to Operate

By using the Service, you grant us a limited, non-exclusive license to store, process, and display your Content solely for the purpose of providing and improving the Service. This license ends when you delete your Content or close your account.

Data Portability

You may export your data at any time using the export features available in the Service (such as CSV export). We believe your data belongs to you, and you should always be able to take it with you.

Data Protection

Your Content is handled in accordance with our Privacy Policy. We treat all equity and financial data as confidential.

Acceptable Use

You agree not to:

  • Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
  • Attempt to gain unauthorized access to the Service, other users’ accounts, or our systems
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
  • Use automated tools to scrape, crawl, or extract data from the Service
  • Interfere with or disrupt the integrity or performance of the Service
  • Upload or transmit viruses, malware, or other harmful code
  • Impersonate another person or entity
  • Use the Service to store or transmit content that infringes on the intellectual property rights of others
  • Resell, sublicense, or redistribute access to the Service without our written consent

We reserve the right to suspend or terminate your account if you violate these terms.

Intellectual Property

Our Property

The Service, including its design, code, features, documentation, trademarks, and branding, is owned by Hey Data Pty Ltd and is protected by intellectual property laws. These Terms do not grant you any rights to use our trademarks, logos, or branding without our prior written consent.

Your Property

As stated above, you retain full ownership of your Content. Nothing in these Terms transfers ownership of your data to us.

Third-Party Services

The Service may integrate with or rely on third-party services for authentication, payment processing, cloud infrastructure, and other functionality. We are not responsible for the availability, accuracy, or practices of third-party services. Your use of third-party services is subject to their respective terms and privacy policies.

Service Availability

We make reasonable efforts to keep the Service available and performing well. However, we do not guarantee uninterrupted, error-free, or secure access to the Service. The Service may be temporarily unavailable due to:

  • Scheduled maintenance (we will provide advance notice where possible)
  • Unplanned outages or technical issues
  • Circumstances beyond our reasonable control

We are not liable for any loss or damage resulting from Service unavailability.

Limitation of Liability

To the maximum extent permitted by law:

  • No consequential damages — we are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from your use of the Service
  • Liability cap — our total liability to you for any claims arising from or related to the Service is limited to the amount you paid us in the 12 months preceding the claim, or AUD 100, whichever is greater
  • No professional advice — we are not liable for any decisions you make based on information displayed in the Service. EquiRound is a management tool, not a substitute for professional legal, financial, or tax advice

These limitations apply regardless of the legal theory on which a claim is based.

Indemnification

You agree to indemnify, defend, and hold harmless Hey Data Pty Ltd, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any applicable law or regulation
  • Your Content or data entered into the Service

Termination

By You

You may delete your account at any time through the Service. Upon deletion, we will handle your data as described in our Privacy Policy.

By Us

We may suspend or terminate your account if:

  • You breach these Terms
  • Your use of the Service poses a risk to other users or our systems
  • We are required to do so by law
  • Your account has been inactive for an extended period

Where possible, we will provide notice before termination and an opportunity to export your data.

Effect of Termination

Upon termination, your right to use the Service ends. We will retain or delete your data in accordance with our Privacy Policy.

Dispute Resolution

Governing Law

These Terms are governed by the laws of Australia. Any disputes arising from these Terms or your use of the Service will be subject to the jurisdiction of the courts of Australia.

Informal Resolution

Before initiating any formal legal proceedings, you agree to first contact us and attempt to resolve the dispute informally. We will make reasonable efforts to resolve any issue within 30 days.

Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or through a notice on the platform at least 14 days before the changes take effect.

Continued use of the Service after the effective date of updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you should stop using the Service and cancel your subscription.

The “Effective date” at the top of this page indicates when these Terms were last updated.

Severability

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

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Hey Data Pty Ltd regarding your use of the Service.

Contact

If you have questions about these Terms, please contact us.