Last Updated: 2025/05/20
Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the equitshare.com website (the “Service”) operated by Equitshare (“us”, “we”, or “our”).
1. Basic Terms
1.1. General Provisions
These Terms of Use govern the use of services by the Client by accessing or using the Equitshare website (hereinafter referred to as Equitshare), owned and operated by Equitshare OOD, a company incorporated under the laws of Europe and Bulgaria, with UIC/Tax number: 207739316, having its office at Campus X Unicorn Factory, Mladost, 1797, Sofia, Bulgaria, hereinafter referred to as the Provider.
A Client is any entity or individual that selects a pricing option on Equitshare’s website or concludes a subscription agreement with the Provider which refers to these Terms of Use.
1.2. Equitshare Services
The Services provided by the Provider through Equitshare include, but are not limited to:
● EquitCanvas drag-and-drop tool for plan creation;
● Stakeholder and template management;
● Custom and predefined vesting schedules;
● Automated document issuing and e-signing;
● Employee, investor, and shareholder portals
● Employee Stock Ownership Plans creation and operation;
● Employee Incentives Marketplace and Loyalty Points;
● User-Generated Content.
The Provider may also offer ancillary services, such as support, consulting, or integration, which are governed by separate agreements or additional terms provided upon request.
The Provider may introduce new products or services, or additional features and functionalities to existing products and services. Such products, services, or features may be subject to additional terms and conditions, which the Provider shall communicate to the Client at the time they are made available.
1.3. Modification of Services
The Provider may modify, update, or discontinue features of Equitshare, including ancillary services, at its sole discretion, provided that such changes do not significantly limit the overall functionality of Equitshare.
The Provider may, from time to time, discontinue or replace non-essential features or third party integrations without compensation, provided such changes do not interfere with the core functionality of Equitshare.
In case of modification, update or discontinuing of a feature the PROVIDER has to notify the CLIENT and provide him with necessary training materials or instructions regarding the changes made to the SERVICES.
1.4. Free Access and Trial Services
The Provider may offer the Client access to certain features or services of Equitshare free of charge, as outlined in the applicable Pricing Plan (“Free Service”). While the Free Service is provided without charge, the Provider will maintain standards of data security and reliability as described in these Terms. However, the Provider makes no guarantees regarding the uninterrupted availability of the Free Service and reserves the right to modify or discontinue it at any time without prior notice. All provisions of these Terms, including confidentiality obligations and limitations of liability, shall apply to the Free Service.
The Provider may offer the Client time-limited access to Equitshare or its features as a trial or promotional offering (“Demo”). The Demo is provided “as is” and may include limitations on functionality or access. The Provider will ensure data security and reliability during the trial period but offers no further warranties for the Demo. The Provider reserves the right to terminate the Demo at any time at its discretion. Upon conclusion of the Demo, the Client must either subscribe to a Pricing Plan to continue accessing Equitshare or cease use in accordance with these Terms.
1.5. Changes to the Terms
The Provider reserves the right to modify these Terms of Use with two weeks’ notice. Continued use of Equitshare constitutes acceptance of the updated Terms.
1.6. Prohibited Use
The Client agrees not to:
● Use Equitshare for unlawful purposes;
● Distribute harmful, inappropriate, or unauthorised content;
● overburden, harm or impair any Equitshare server or block any third party from Equitshare’s services;
● Attempt to reverse-engineer, copy, gain unauthorized access or modify Equitshare without the explicit written approval of the Provider;
● Lease, resell or provide access to the services to unauthorised third persons without the explicit written approval of the Provider;
● Circumvent any security measures;
● Process, store, or share personal data in violation of applicable data protection and privacy laws, including but not limited to the General Data Protection Regulation (GDPR) or any other relevant legislation in the Provider or the Client’s jurisdiction.
2. Specific Terms
2.1. Platform Use Agreement
By agreeing to the Pricing Plan and other applicable conditions, the Client (as identified in the Pricing Plan) enters into a binding agreement (Platform Use Agreement) with the Provider for access to and use of Equitshare. The Agreement becomes effective on the date the Client provides its consent and pays the relevant fee, unless a different effective date is explicitly agreed upon by the Parties (Effective Date).
2.2. Scope of Services
The Provider grants the Client a non-exclusive, non-transferable right to access and use Equitshare.
Equitshare’s access and services are provided solely for the Client’s internal business purposes and may not be resold, leased, sublicensed, or used by third parties without explicit written approval by the Provider. Explicit written approval refers to written consent provided by a legal representative of the Provider through an email or signed document.
2.3. Obligations of the Provider
The Provider agrees to:
● Provide reasonable uptime and support;
● Respond to support requests within 48 hours during business hours;
● Resolve critical issues within a reasonable time frame, depending on the nature of the issue, its complexity, and the resources required to resolve it.
2.4. Obligations of the Client
The Client agrees to:
● Use Equitshare in compliance with the applicable laws and regulations;
● Pay all fees as outlined in the Pricing Plan and other agreements between the Parties;
● Provide accurate, lawful, complete and up-to-date information about the legal entity and the users for use within Equitshare;
● Ensure its Users comply with the provisions of these Terms and maintain the confidentiality of their credentials;
● Immediately notify the Provider of any unauthorized access or use of Equitshare by Users or third parties to mitigate risks.
2.5. Users and Access Rights
The Client shall create own user account to each user. The services of Equitshare cannot be used without a user account. A user account may be used by only one individual and may not be used by other individuals except for the person with granted rights. The total number of active users of the Client is determined on the basis of the chosen Pricing Option.
Each user account consists of a user name and password. The user shall choose personal, non-transferable password. The Provider may provide additional codes or passwords for security reasons.
The Client shall authorize one or more of his employees or other people acting on his behalf as administrators and each shall be granted an administrator user account. The Client’s Administrator/s will have the rights to:
● accept notifications, terms and conditions on behalf of the Client;
● enable/disable system functionalities where applicable;
● grant users the status of the Administrator;
● add, delete, modify or temporally suspend users and roles;
● assign different roles to the users;
● configure document e-sign identity
● manage documents and document workflows
● delete or temporally suspend Administrator Accounts
The Client is responsible for ensuring that all active Users, no matter of their role, comply with the laws and these Terms, and is fully responsible for the actions and omissions of its authorized Users.
Users’ access to Equitshare is subject to:
● The Client ensuring that credentials are kept confidential and secure;
● The Client notifying the Provider immediately in case of unauthorized access, credential compromise, or breach of security involving any User accounts;
● The Client shall remain fully liable for all actions or omissions of its Users, including any violations of these Terms;
● The Provider reserves the right to suspend or terminate access for any User who violates these Terms, without prior notice to the Client, where such suspension is necessary to safeguard the security or integrity of Equitshare.
3. Fees and Payment
3.1. Payment Terms
Payment terms, including amounts and due dates, are specified in the Pricing Options.
3.2. Late Payments
Failure to pay fees on time may result in suspension of access to Equitshare.
The Provider reserves the right to charge interest on overdue payments at a rate of 1.5% per month or the maximum rate permitted by law, whichever is higher. The Client will also bear the cost of any collection efforts, including legal fees.
3.3. Price Adjustment
The Provider reserves the right to adjust subscription fees, provided the Client is given at least 30 days’ notice before the effective date of such changes.
3.4. Automatic Renewal
The Client agrees that if he purchases any subscription or other services from Equitshare Pricing Options, the Provider may apply automatic renewal by withdrawing funds from his chosen payment method upon lapse of the subscription period. A Client may prevent Automatic Renewal by turning off this option at any through the Equitshare Administrators Account or cancel his subscription.
3.5. Taxes
Unless stated otherwise, all fees are exclusive of taxes or other duties, imposed by authorities, and they are responsibility of the Client. In case of changes in the amount of applicable taxes, including VAT, corporate tax etc., the Provider has the right to amend the prices taking into account such amendments.
4. Third-Party Providers and Non-Equitshare Services
4.1. Third-Party Providers
Equitshare may integrate with or use services provided by third-party vendors (“Third Party Providers”) to enhance the functionality of the Platform. While the Provider will exercise reasonable care in selecting and managing these integrations, the Provider does not independently warrant the performance, availability, or reliability of Third-Party Providers’ services unless explicitly agreed in writing.
The Client acknowledges that the Provider’s liability for third-party-related issues is limited to ensuring the proper integration and functionality of the Platform as a whole. Notwithstanding this, the Provider remains responsible for the overall performance, availability, and functionality of the Platform as outlined in this Agreement.
4.2. The Provider’s use of Third-Party Providers will not relieve it of its obligation to deliver services in accordance with the terms of this Agreement. The Client’s rights to remedies
under this Agreement shall not be prejudiced by the involvement of Third-Party Providers.
4.3. Non-Equitshare Services
Non-Equitshare services, including consulting, onboarding, or custom integration, may be offered under separate agreements or additional terms.
4.4. Payment for access to Third Party Websites and Services
Unless otherwise stated herein, payments for access to third-party websites and services shall be made to the third parties.
5. Intellectual Property
5.1. Ownership
All intellectual property rights related to Equitshare, its design, features, data structures and content, shall remain the exclusive property of the Provider.
5.2. Protection of Intellectual Property
The Provider retains the right to protect its intellectual property by employing necessary legal measures in case of infringement by the Client or third parties.
5.3. Feedback
If the Client provides any suggestions and/or ideas regarding or related to Equitshare, the Provider shall have the right to use this input without restrictions, including for commercial purposes.
5.4. Violations of Intellectual Property Rights
The Client and his employees, representatives and other affiliates shall not copy, republish, frame, make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse the Provider’s Intellectual Property in Equitshare or create derivative works based on Equitshare.
5.5. Disclaimer
Neither the Provider, nor his employees, representatives or affiliates can be held responsible for intellectual property violations of information, data or other content, uploaded through any user account of the Client in Equitshare. The Client, his employees, representatives and affiliates are responsible for their content and have to secure that it doesn’t violate any intellectual property or other rights.
6. Confidentiality
6.1. Confidential information
Confidential information includes, but is not limited to, technical specifications, pricing details, financial information, business and marketing strategies, names of employees and
suppliers, corporate and business documentation and user data shared between the parties, as well as other data which either party has designated explicitly as confidential and/or sensitive.
6.2. Protection of confidential information
Both parties agree to maintain the confidentiality of proprietary information disclosed during the term of the agreement, except where disclosure is required by law or consented to in writing by the disclosing party. A receiving party may only disclose confidential information to its employees, officers, advisors and agents, all on a need-to-know basis, and guarantees that its employees, officers, advisors and agents shall not disclose the confidential information themselves.
6.3. Data security
The Provider will implement reasonable and appropriate security measures to protect the Client’s data against accidental loss, theft, or unauthorised access or disclosure.
7. Term and Termination
7.1. Term
These Terms of Use become effective for Equitshare and the Client on the Effective Date and stay valid until terminated by either party.
7.2. Effective Date
The Effective date is the day of selection of a Pricing Option by the Client on Equitshare’s website or of conclusion of a Subscription Agreement with the Provider which refers to these Terms of Use.
7.3. Termination by Notice
Either party may terminate the usage of Equitshare with 30 days’ written notice.
7.4. Immediate termination
The Provider may terminate the Client’s usage of Equitshare immediately in the event of a material breach of these Terms of Use by the Client or non-payment of fees.
The Provider also reserves the right to terminate the Agreement, if:
● The Client engages in activities that infringe on the Provider’s intellectual property rights;
● The Client repeatedly breaches these Terms of Use;
● The Client becomes insolvent or undergoes bankruptcy proceedings.
In cases of immediate termination, the Provider shall provide notification to the Client, unless the nature of the breach makes it impracticable.
7.5. Post Termination Obligations
Upon termination, the Client must cease all use of Equitshare and delete any materials obtained through it, if applicable.
The Provider will make reasonable efforts to allow the Client to export any stored data within 3 days of the termination.
8. Liability and Indemnification
8.1. Limitation of Liability
The Provider’s total liability under these Terms shall not exceed the fees paid by the Client in the preceding 3 (three) months.
8.2. Exclusion of Liability
The Provider shall not be liable for any misuse of Equitshare by the Client, including its Users, or individuals provided access by the Client or by the Provider at the Client’s request.
The Provider shall not be liable for any illegal or rights violating content, uploaded by the Client in Equitshare.
The PROVIDER shall not be liable for the Client’s inability to use the services after prior training.
8.3. Indemnification
The Client agrees to indemnify and hold the Provider harmless against claims, losses, or damages arising from misuse of Equitshare.
8.4. Disclaimer
The Provider shall not be liable for indirect, incidental, or consequential damages, including loss of data, revenue, or profits, arising from the use of Equitshare.
8.5. Class Action Waiver
The Parties waive any right to assert any claims against the other party, as a representative or member in any class or representative action, except where such waiver is prohibited by law.
9. Governing Terms
9.1. Comprehensive Agreement Terms
The Pricing Options form an integral part of these Terms of Use and outlines additional specific terms, including payment schedules and service details. In the event of conflict between these Conditions and any Pricing Option or supplemental terms, the latter shall prevail.
9.2. Amendments
The Provider may amend these Terms of Use with a 30 days’ prior notice to the Client. These Terms of Use are accessible at equitshare.com.
9.3. Governing law
The Terms of Use, as well as all relationships arising from or connected to it, shall be governed by, and construed in accordance with the laws of Bulgaria.
9.4. Dispute resolution
All disputes arising from or related to these Terms of Use, including disputes regarding its interpretation, validity, performance, or termination, as well as disputes for filling gaps in Equitshare Use Agreement or adapting it to newly established facts, shall be referred to the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry, in compliance with its Rules, available at: https://www.bcci.bg/rulescort-en.html
Before initiating litigation or arbitration, the Parties agree to engage discussions and negotiations in good faith to resolve the dispute amicably. Such discussions shall take place over a period of no less than 2 (two) weeks from the date one Party provides written notice of the dispute to the other Party. Only if the Parties are unable to reach an agreement within this time period may the dispute proceed to arbitration.
10. Contact Information
For any inquiries, support, or notifications under these Terms, contact the Provider at [email protected]
