terms of use

silicon valley in your pocket

This Agreement was last modified on March 27th, 2019.

Please read these Terms of Use (“Agreement”, “Terms of Use”) carefully before using www.siliconvalleyinyourpocket.com, https://www.sviyp.com, https://www.sviypapp.com or the Silicon Valley In Your Pocket mobile application (“collectively the Site”) operated by Global Kinetics Inc. (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms for your use of the Site.

The Site is a platform where Global Kinetics, through it’s offering called Silicon Valley In Your Pocket, provides coaching, content and connection services to clients. Clients can receive startup advice and help via 1:1 or group coaching sessions, expert business assessments, exposure of quality content, resources and live webinars. Our role is to facilitate the availability of the Site and the services provided by Coaches. Coaches are independent contractors and are not employees of Global Kinetics.

By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Use. Capitalized terms are defined in this Agreement.

Additional definitions:

SVIYP (“the site” or “the platform”, collectively “the Site”): the offering called Silicon Valley In Your Pocket
Clients / Founders / Entrepreneurs (“User” or “Users”): users who request the help of experts on the Site.
Coaches / Investors / Executives: experts who provide services to Clients or otherwise make content available on the Site.
Services: the use of SVIYP and any related User activities with Coaches, Investors or Executives

1. SVIYP Subscription Policies

Users may use our site without purchasing a SVIYP subscription plan. A user can also upgrade to one of three plans available. Refunds on subscriptions are available ONLY up to 10 calendar days after purchase. Please contact us at info@sviyp.com if a refund is needed.
For every payment transaction on the site, there is a processing fee that is charged at the time of transaction. The flat processing fee is non-refundable after the purchase has been processed.

2. Refund Policy & Dispute Resolution

Disputes are reviewed and handled on a case-by-case basis. If you have any questions about a Coaching Session, Assessment Request, and/or Payments, please email us at info@sviyp.com
After a dispute is initiated, if we do not receive a response from the Client or Coach after 7 calendar days, we reserve the right to do the following:

For Live 1:1 Coaching Sessions: Close the dispute
For Live Webinars: Release the disputed funds to the responding party, no matter if the webinar is suspended or completed

Please refer to the subsections below for more details about the specific policies for Live 1:1 Coaching Sessions, Assessment Requests/Webinars (Completed), and Payments.
When a dispute is being reviewed, Global Kinetics Inc. reserves the right to use a third-party arbitration service to make a final decision about how the dispute should be handled.

2.1 Live 1:1 Coaching Sessions

Within good reason, Global Kinetics Inc. will refund Clients at any time before the Coach receives the payout for the session. We reserve the right to pause or delay the payout for a session if a dispute arises, or when a dispute may potentially arise.
If a Client experiences an issue during a live 1:1 session, the Client must submit the issue to Global Kinetics Inc. via SVIYP at the end of the session via email at info@sviyp.com. Global Kinetics Inc. may reach out to the Client and/or Coach to resolve the issue, and when this occurs, the Client and Coach are required to reply to our emails within 7 calendar days unless the issue in question is resolved, otherwise we reserve the right to resolve the case in favor of the party that does respond to our emails (“responding party”).
An issue is considered resolved when it has been refunded by the Coach or paid by the Client after the issue in question was created.

2.1.1 Issue handling when Coach or Client is unresponsive

If the Coach does not respond to our emails about the issue within 7 calendar days, the Coach will not receive the payout for the session. If the Coach has already received the payout for the session, the payout amount will be deducted from the Coach’s future payouts.
If the Client does not respond to our emails about the issue within 7 calendar days, the Client authorizes Global Kinetics Inc. via SVIYP to charge the Client for the full cost of the session, and the Coach will receive the payout for the session.

2.2 Completed Assessments Requests and Webinars

Assessments requests are considered “Completed” after the assessment score is updated on the Client’s dashboard and are non-refundable.
Webinars should be attended by users once purchased and are considered completed once the date and time passes. Users can open issues via email, info@sviyp.com, ONLY within 1 hour after the webinar time is up. Within good reason, Global Kinetics Inc. will mediate with Coach and Client to resolve issues, as long as both parties are responsive. By default, webinars purchased on the platform are non-refundable. Missed webinars are also non-refundable.

3. Payment Verification

When requested you must provide us with information about your identity and payment method in order to use our platform. Once payment is confirmed the requested service will be processed.

4. Intellectual Property

The Site and its original content, features, and functionality are owned by Global Kinetics Inc. and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Global Kinetics Inc. does not claim ownership of the content uploaded by its Users or Coaches.

Users and Coaches are responsible for the content they post. They assume all risks associated with this, including but not limited to a third-party’s reliance on its accuracy, claims related to intellectual property, and other legal rights. By posting content on SVIYP, Users and Coaches are representing that they have the right to do so, and that doing so does not conflict with any other previous agreements made. Copyright infringement is not tolerated and may result in the revocation of publishing rights on SVIYP and/or termination of your SVIYP account.

If you believe that content uploaded on our site infringes a copyright, please send a notice of copyright infringement to info@sviyp.com

You may NOT re-purpose content on the Site without permission from the writer. You are encouraged to share links to our content instead. As the Site does not claim ownership of the content uploaded by users, if you’d like to use, modify, and build upon the content feel free to contact the author of that content.

5. Code of Conduct

In using our Site and Services, you agree to follow our Code of Conduct. Violations of our Code of Conduct may result in the immediate removal of your access to this site and/or restrictions on your access to our services.
In general, maintaining civility in communication is encouraged. If you encounter someone who is negatively affecting your platform experience by either spamming you or insulting you, please report the user immediately, send an email to info@sviyp.com.
We reserve the right to hide and/or remove any content on our site that may be illegal, unlawful, or unethical.

5.1 Coach Code of Conduct

Coaches may not:

solicit Clients to pay for services through a Third-Party Platform. We can only guarantee authorized payments made via our platform.
create multiple accounts to abuse the Site’s benefits or attempt fraud. Doing so will result in the confiscation of all unpaid payouts, and your status as a Coach will be revoked.
engage in plagiarism.
stalk, harass, or intimidate Clients about their rating or reviews. If you have any concerns about a particular user, please report the user via email at info@sviyp.com.
make untruthful claims about your expertise or your ability to help.
make promises you do not intend to honor (including scheduled coaching sessions).
provide assistance to Clients who may attempt fraudulent activity, doing so may result in not receiving payouts for work provided to the Client(s).

If your account is found to violate any of the above guidelines, we reserve the right to revoke your status as a Coach on our platform.

Being a Coach on SVIYP does not imply that you are an employee of Global Kinetics Inc., but having a Coach profile on SVIYP means that you may be perceived as an ambassador of our Site. If you exhibit any behavior outside of our site that may violate the Code of Conduct, we also reserve the right to revoke your status as a Coach on our platform.

5.2 Client Code of Conduct

Clients may not:

attempt to or coerce Coaches into receiving payment via a Third-Party Platform. If you do so and the Coach does not deliver, you will be fully responsible for your loss.
have more than one account in order to abuse the Site’s benefits, attempt fraud, or for other unlawful or unethical reasons.
harass Coaches to provide you with free help.
use low ratings or negative reviews to coerce Coaches into doing more for you, such as, but not limited to, additional work or lowering the charge.
be untruthful about an issue being unsolved just to receive a refund. We review every dispute on a case-by-case basis.
spam requests or send Coaches messages about things that are unrelated to the Services provided by this Site.
recruit Coaches to join third party services that are potentially competitive to SVIYP. Please contact us via info@sviyp.com, if you’d like to discuss any partnerships.

If your account is found to violate any of the above guidelines, we reserve the right, but are not limited to, to remove your account and/or restrict your access to our services.

6. Termination

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

7. Limitation of Liability

By using our Services, you agree that Global Kinetics Inc. will not be liable for any indirect, incidental, special or consequential damages, loss of revenue, loss of data or emotional distress resulting from your use of the Site or services. We do not promise that the content/resources on our site are error-free.

8. Taxes

All Coaches are responsible for paying any applicable taxes associated with your use of the service in accordance to the governing laws of the country you reside in.

9. Links To Other Sites

Our Site may contain links to third-party sites that are not owned or controlled by Global Kinetics Inc.. Trademarks of third-party sites, such as names and logos, may be used on our site to identify the sites. We do not claim any ownership of those names, content, slogans, or logos.

Global Kinetics Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

visit.

10. Confidentiality and Non-Disclosure

The user of this website (User) acknowledges (a) the Information has a competitive value and is of a confidential nature and that damage could result to Global Kinetics (Company) if the Information is disclosed by the user; (b) the desire and right of Global Kinetics to preserve the secrecy of the Information; and (c) that during the course of using the resources of this website, the user may become acquainted with, acquire, develop or have access to the Information.

The User and the Company agree that it shall (a) keep the Information strictly confidential and use it only as permitted by Company and for purposes of performing the Services under this Agreement, and (b) not disclose, use, copy in whole or in part or modify or adapt the Information in any way unless previously agreed in writing by the Company nor use the Information for the purpose of implementing public relations strategy for media, or other third parties, or for promotional purposes. The User further expressly agrees not to, for any reason or purpose whatsoever, during or after the term of this Agreement, disclose any such Information whether for purposes related to or unrelated to the performance of the Services. This non-disclosure agreement includes but is not limited to all course materials, including course videos, emails, tools, templates, checklists, calculators and any other materials offered as part of the accelerator program.

At the request of either the Company or the User or upon the expiry or earlier termination of this or any agreement between User and Company, within seven (7) days of such request, expiry or termination both parties must:

a) return all Information which is in the possession and control of the User, without retaining any copies thereof; or

b) at the election of Company, destroy all Information which is in the possession and control of the User, without retaining any copies thereof,

c) and shall certify in writing to Company that such return or destruction has been completed within seven (7) days of such request, expiry or earlier termination.

11. Affiliate Partners

Affiliate Partnerships are also governed by the Affiliate Terms of Use.

12. Governing Law

This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of California, United States, without giving effect to any principles of conflicts of law.

13. Changes To This Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms of Use by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.