Terms and Conditions of Use

1. Who we are and acceptance of these terms

These Terms and Conditions of Use (the "Terms") govern access to and use of the FirstStone platform, available at firststone.vc and first-stone.vercel.app (the "Platform"), operated by SYRIUS CAPITAL LLC, a company incorporated in the State of New Mexico (USA), EIN 98-1865579, with its address at 2105 Vista Oeste NW, Ste E 3166, Albuquerque, NM 87120, United States ("FirstStone," "we"). Contact: contact@firststone.vc.

By creating an account, you check a box expressly accepting these Terms and the Privacy Policy; without that acceptance, registration is not possible. If you use the Platform on behalf of a company, you represent that you have sufficient authority to bind it, and "you" will also refer to that company.

2. The service and its modules

FirstStone is "the founder's ecosystem": a set of AI-powered software tools for ideating, validating, building, and growing a business. Its current modules are:

• Incubator: AI-powered business idea validation, with market research backed by external data sources.
• Accelerator: AI mentor for your startup, access to an investor database, fundraising-prep tools, and investor presentation pages ("investor landings").
• Settr: AI sales assistant for LinkedIn: content radar, automated post writing and publishing, automated replies and direct messages, prospecting, outreach, and lead capture, operating on the LinkedIn account you connect.

Some features let you connect optional integrations (for example calendar, CRM, accounting, analytics, or banking) to give the assistants context. We may add, change, or remove features as described in section 16.

3. Eligibility and account

• You must be over 18 and use the Platform for professional or business purposes.
• You must provide truthful information and keep it up to date.
• You are responsible for keeping your credentials confidential and for all activity carried out from your account. We recommend enabling two-factor authentication (2FA). Notify us immediately if you suspect unauthorized access.
• You may not transfer or share your account, nor create accounts using false identities or automated means.

4. Plans, pricing, and credits

The Platform runs on monthly subscriptions that include a credit allowance, the unit used to measure usage of the AI features. Each module has its own plans; for reference, as of this version: Accelerator (Free, Starter, Pro, and Scale), Incubator (Explora, Funda, and Construye), and Settr (Ignition, Overdrive, and Singularity, plus add-ons such as additional LinkedIn accounts). The plans, prices, and credit allowances currently in effect are those published on the pricing page and during checkout, which prevail over any other mention.

• Plan credits: renew each monthly cycle and do not roll over from one month to the next.
• Top-up credit packs: are one-time purchases, are added to your balance, and do not expire for as long as your account exists.
• Plan changes: you can upgrade or downgrade at any time, with no minimum commitment. When you downgrade, the cycle's credit allowance is adjusted to match the new plan.
• Credit refunds on failure: if an AI generation fails after credits have been deducted, those credits are returned to your balance.
• Regional pricing: prices may vary by country (always shown before you pay) and do not include applicable indirect taxes, which are added where relevant.
• Fair use limits: we apply technical anti-abuse caps per action and per period to protect the Platform and user accounts.

5. Payments, renewal, cancellation, and refunds

• Processor: payments are processed through Stripe. We do not store full card numbers.
• Automatic renewal: subscriptions renew automatically every month until you cancel. You can cancel at any time from the billing section; canceling prevents future charges and you keep access until the end of the period you already paid for.
• Non-payment: if a charge fails, we will notify you and may suspend paid features until it is resolved.
• Refunds: unless the law provides otherwise, amounts paid are non-refundable once the service period has started or the credits have been used.
• Right of withdrawal (EU consumers): if you subscribe as a consumer resident in the EU, you have 14 days to withdraw. By subscribing, you expressly request that the digital service begin immediately; if you withdraw within the period, we may deduct the proportional part of the service already provided (including credits used), and the right is lost once the service has been fully performed. To withdraw, write to contact@firststone.vc.
• Price changes: rate changes will be announced at least 30 days in advance and will only apply from the next billing cycle.

6. Acceptable use

You agree not to use the Platform to:

• Carry out illegal, fraudulent, or deceptive activities, including impersonation.
• Generate or distribute defamatory, discriminatory, or harassing content, malware, or spam.
• Infringe intellectual property rights, trade secrets, or the privacy of third parties.
• Attempt unauthorized access to systems or data, probe for vulnerabilities, circumvent technical or credit limits, or interfere with the operation of the service.
• Extract content or data from the Platform in bulk or systematically (scraping), or resell, sublicense, or lend the service to third parties without our written agreement.
• Develop competing products by copying the service, or use the service to train your own AI models on our systems.

A breach entitles us to suspend or terminate under section 15.

7. LinkedIn, automation, and outreach

Settr operates on your own LinkedIn account, which you voluntarily connect through the connectivity provider Unipile. Posts, comments, invitations, and messages are sent on your behalf and under your responsibility. You expressly agree that:

• LinkedIn's terms: you are responsible for complying with LinkedIn's terms, policies, and limits (and those of any other network you connect). Automating actions may be restricted by those platforms, and using it may lead to warnings, limitations, or account closure on them. You accept that risk; FirstStone does not guarantee that your LinkedIn account will not be restricted and is not responsible for LinkedIn's decisions.
• Anti-spam and data protection rules: you are responsible for ensuring your prospecting and communications comply with the rules applicable to your recipients: in the EU, the GDPR and ePrivacy rules (in Spain, Art. 21 of the LSSI); in the US, the CAN-SPAM Act; and any other local rules. This includes having a legal basis, identifying yourself correctly, not using misleading senders or subject lines, and honoring opt-out requests immediately.
• Anti-abuse limits: the Platform applies technical volume and pace limits (invitations, messages, actions per day) designed for prudent use. You must not attempt to circumvent them. We may adjust them to protect users and the service.
• Oversight: you configure and oversee campaigns and the assistant's activity. You must periodically review the activity carried out on your behalf and stop it if it does not match your instructions or the law.

8. Third-party data you process with the Platform

When you use the Platform to manage third-party data, such as LinkedIn prospects, captured leads, or investor contacts, you act as the data controller and FirstStone as the processor, under Art. 28 of the GDPR and section 5 of the Privacy Policy, which forms part of these Terms as a data processing agreement. As controller, you warrant that:

• You have a legal basis to process and contact those people and provide them with the required information.
• You do not enter special categories of data (health, ideology, etc.) or data belonging to minors into the Platform.
• You handle those people's rights requests; we will assist you as reasonably necessary.
• You authorize as sub-processors the providers listed in the Privacy Policy.

9. Your content and intellectual property

• Your content is yours. You retain all rights over the data, text, documents, and materials you upload to the Platform. You grant us a worldwide, non-exclusive, limited license to host, process, and transform them only to the extent necessary to provide you the service.
• AI-generated content is yours. To the extent permitted by law, we assign to you any rights we might hold over AI-generated results produced from your instructions (posts, messages, reports, images, videos, landing pages). Note that intellectual property rules on AI-generated works vary by jurisdiction, and similar results may be generated for other users from similar instructions.
• The Platform is ours. The software, prompt templates, design, the "FirstStone," "Incubator," "Accelerator," and "Settr" trademarks, and the rest of the service's elements belong to SYRIUS CAPITAL LLC or its licensors. You acquire no rights beyond using the service under these Terms.
• Feedback: if you send us suggestions, we may use them without restriction or compensation.

10. Nature and limits of artificial intelligence

• AI outputs are generated probabilistically and may contain errors, inaccuracies, or outdated information. You must review and validate every result before using or publishing it, especially figures, statements about third parties, and market data.
• Nothing the Platform produces constitutes legal, tax, accounting, financial, or investment advice. Idea validations, market analyses, plans, and metrics are tools that support your own professional judgment.
• You are responsible for how you use the results, including their compliance with the law and the rights of third parties.

11. Investor network: no financial intermediation

The Accelerator module gives you access to an informational investor database and tools to prepare and present your project. In this regard, you acknowledge and accept that:

• SYRIUS CAPITAL LLC is not a broker-dealer, securities agency, crowdfunding platform, or registered investment advisor with the SEC, FINRA, the CNMV, or any other authority, and does not act as an intermediary in securities transactions.
• We do not recommend investing in any project, nor do we recommend specific investors; the information in the database (profiles, criteria, contacts) is purely informational in nature and may contain errors or become outdated.
• We do not guarantee funding, investor responses, or any outcome. We do not charge success fees on investment transactions.
• Any negotiation or transaction between you and an investor is outside FirstStone's involvement and is carried out under your sole responsibility, with appropriate professional advice.

12. Third-party services

The Platform relies on third-party services (Stripe, Supabase, Anthropic, Google, Unipile, LinkedIn, Telegram, ElevenLabs, and others listed in the Privacy Policy) and lets you connect optional integrations. Those services have their own terms and policies, which bind you when you use them. We are not liable for interruptions, changes, or decisions made by those third parties, without prejudice to the diligence we exercise in choosing them.

13. Warranties and limitation of liability

The Platform is provided "as is" and "as available." To the maximum extent permitted by law, we disclaim the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and we do not guarantee that the service will be uninterrupted or error-free.

To the maximum extent permitted by applicable law:

• We will not be liable for indirect, incidental, special, or consequential damages, lost profits, or loss of business, data, or reputation, nor for the restriction or closure of accounts on third-party platforms (including LinkedIn).
• Our total aggregate liability for any claim arising from the service is limited to the amount you paid us in the 12 months prior to the event giving rise to the claim (or USD 100 if you have not made any payments).

Nothing above limits liability that cannot be legally limited (such as willful misconduct or personal injury), nor does it affect the mandatory rights you have as a consumer in your country of residence (particularly in the EU), which prevail over these limitations.

14. Indemnification

If you act as a professional or business, you will hold us harmless against third-party claims arising from (a) your breach of these Terms, (b) your content, (c) your outreach campaigns and the processing of your prospects' data, or (d) your breach of the law or of third-party platform terms, including reasonable defense costs.

15. Suspension and termination

• You can stop using the service and delete your account at any time from the Platform settings.
• We may suspend or limit your access, with prior notice when reasonably possible, if you breach these Terms, if your use puts the Platform or other users at risk, if required by law, or in case of non-payment. For serious or repeated breaches, we may terminate the contract.
• After termination, your access will end. You may request an export of your data during the following 30 days (unless there is a legal obligation to retain or delete it); after that, it will be deleted in accordance with the Privacy Policy. Unused credits are not refunded, unless mandatory law provides otherwise.
• The sections that by their nature should survive termination will do so (intellectual property, limitation of liability, indemnification, governing law).

16. Changes to the service and these Terms

We may evolve the Platform (adding, changing, or removing features) and update these Terms. If a change is material and adverse to you, we will notify you at least 30 days in advance by email or via a notice on the Platform; if you disagree, you can cancel before it takes effect. Continuing to use the service after it takes effect constitutes acceptance of the updated version.

17. Governing law and jurisdiction

These Terms are governed by the laws of the State of New Mexico (United States). Disputes will be submitted to the competent state or federal courts of Bernalillo County, New Mexico.

If you subscribe as a consumer resident in the European Union (or another jurisdiction with mandatory consumer-protection rules), the above does not deprive you of the protection of those rules or of your right to bring proceedings before the courts of your place of residence. EU consumers may also use the European Commission's online dispute resolution platform.

18. General provisions and contact

• Entire agreement: these Terms, together with the Privacy Policy, the Cookie Policy, and the Legal Notice, constitute the entire agreement between the parties regarding the service.
• Severability: if any clause is held invalid, the rest will remain valid.
• Assignment: you may not assign your rights without our consent; we may assign the contract in the event of a merger, acquisition, or sale of assets, guaranteeing the same level of protection.
• No waiver: our not enforcing a clause does not mean we waive it.
• Language: these Terms are drafted in Spanish; any translations we publish are for informational purposes only.
• Contact: contact@firststone.vc · SYRIUS CAPITAL LLC, 2105 Vista Oeste NW, Ste E 3166, Albuquerque, NM 87120, United States.