Nascent

Definitions

USER: refers to any natural person who accesses or uses the PLATFORM and NASCENT's services, and includes:
- an individual who subscribed to the PLATFORM and is acting in a personal capacity as consumer;
- an individual acting on behalf of their own professional entity, who subscribed to the PLATFORM; or
- an individual granted access via an access code as an authorized user under a separate agreement between NASCENT and a Partner.
PARTNER: an entity that entered into a separate agreement with NASCENT and offers access to the PLATFORM to its end users.
TERMS OF USE: the current Terms of Use.
PLATFORM: the web application of NASCENT which is available via the WEBSITE.
WEBSITE: https://www.nascent.live
NASCENT: NASCENT BV, a company organized and existing under the laws of Belgium, having its office located at Peter Benoitstraat 54, 3500 Hasselt, Belgium and registered with the Register of Legal Entities of Antwerp, region Hasselt, under number 1022.018.427 and with VAT-number 1022.018.427.

Legal relationship

By creating an account on the PLATFORM, the USER acknowledges to have read, understood and irrevocably accepted these Terms of Use beforehand. Through this acceptance, the USER acknowledges to have been adequately informed about the functionalities of the PLATFORM and the services offered by NASCENT.

The USER shall use the PLATFORM strictly in compliance with (i) these Terms of Use, (ii) any additional instructions or policies issued by NASCENT, including but not limited to those published on the WEBSITE, (iii) all applicable laws and regulations and (iv) any supplementary documentation provided.

The legal relationship between the USER and NASCENT, and any matters arising therefrom or in connection therewith, shall be governed exclusively and in descending order of precedence by:

any individually negotiated and duly signed written agreement between the USER and NASCENT;
the electronic order confirmation of the subscription issued by NASCENT, where applicable;
these Terms of Use; and
Belgian law, to the exclusion of any other legal system or conflict-of-law rules that would result in the application of any law other than Belgian law.

NASCENT expressly rejects the applicability of any other terms or conditions, including any general or specific (purchase) terms issued by the USER, even if such terms expressly state they shall prevail. Any deviations from these Terms of Use shall only be valid if explicitly agreed upon in writing by NASCENT and shall apply solely to the specific agreement or order for which they were granted. Such deviations may not be invoked for any other, even similar, agreements.

In case USERS have any questions, they can contact NASCENT via the following e-mail address: info@NASCENT.live.

Intellectual Property

NASCENT is a digital matchmaking platform which connects entrepreneurs and stakeholders with each other on the basis of an advanced and scientifically based algorithm, taking into account a strong focus on soft skills.

NASCENT is the exclusive owner and/or licensee of (the intellectual rights related to) the PLATFORM, including – but not limited to – the designs, lay-out, source code, structure, algorithms, contents and software.

Under the terms in these Terms of Use, NASCENT grants the USER a temporary, non-exclusive, revocable, personal, not-transferable, non-sublicensable license to access and use the PLATFORM in accordance with these Terms of Use.

NASCENT may only be used for personal use and not for commercial uses. In particular – but not limited to – the USER:

is not entitled to rename, convert, decompile, disassemble, reverse engineer, translate, alter or otherwise modify (a part or the whole of) NASCENT.
shall refrain from copying, reproducing, distributing, transferring, renting or selling of (a part or the whole of) NASCENT.
shall not create of any derivative work(s) of NASCENT or mislead the public as to the actual provider of (a part or the whole of) NASCENT.

The USER understands that these Terms of Use do not transfer any intellectual property rights of NASCENT.

By uploading, creating or otherwise transmitting information, data or images via the PLATFORM, and without prejudice to the provisions of the Privacy Policy, the USER grants NASCENT a non-exclusive, royalty-free, worldwide, sublicensable and transferable license to use, copy, store, modify, transmit and display the user content to the extent necessary to maintain, supplement or update the PLATFORM.

Obligations of USERS

The USER agrees to the following guidelines regarding (the registration of) its account:

The USER may only create one (1) account and is not allowed to transfer its account to a third party.
When creating its account, the USER shall avoid using usernames and/or content which are considered inappropriate.
The USER is solely responsible for the correct management, use and confidentiality of its accounts and password. The USER will not share its password with third parties, will not provide anybody access to its account and will not undertake anything that may damage its account. In the event of any unauthorized use of its account, the USER will immediately notify NASCENT. NASCENT shall not be held liable for any damages that may arise from or in connection with any possible misuse of the password.

The USER agrees to use the PLATFORM with due consideration and agrees to at least the following guidelines: The USER will:

Only use the PLATFORM in the designated manner.
not use the PLATFORM in an unlawful, illegal, misleading, fraudulent or damaging way.
not do anything that may damage (the workings of) the PLATFORM, e.g. sending or uploading viruses, trojans or other malicious software.
not (attempt) to infiltrate any security measures.
not (attempt to) access the accounts of any other USER.
not transmit any content which is (or may be) illegal, damaging, racist, hateful, obscene, threatening or pornographic.
not bully, intimidate or harass any other USER.
not (attempt to) record the data of other USER, e.g. by means of automated tools.
not use this platform to (i) sell services or advertise or promote their (or any other) product or services, (ii) try to hire non-founder employees for their (or any other) company.
will treat everyone they meet on the platform with respect, and will not act in a way that is rude or offensive.
will not use this platform for any other purpose than to find a co-founder or analyse co-founder dynamics.
provide true, accurate, complete and up-to-date information to NASCENT. NASCENT is not obliged to verify the accuracy of the information the User provides.
not use the PLATFORM to engage in any activity which may damage the reputation of NASCENT.
shall comply with all applicable legislation.

If the foregoing rules are not observed, NASCENT reserves the right to suspend or terminate the USER's account, with immediate effect and without prior notice.

By accepting these Terms of Use, the USER agrees not set up a company or organisation that competes with the activities of NASCENT in Europe for the duration of their account and for 24 months thereafter. Should you have any hesitation on whether an activity is competing, please contact us.

Purchase Order, Acceptance and Payment of the Subscription fee

For USERS

In order for a USER to access and use the PLATFORM, (i) an access code as distributed by a NASCENT partner is required or (ii) the placement of a purchase order for access and payment of a fee (as stated on the WEBSITE) by the USER is required.

The Terms of Use (and thus the Agreement between the User and NASCENT) enter into force at the moment the USER (i) accesses the PLATFORM via an access code or (ii) places a purchase order for access to the PLATFORM, and remain in effect for as long as the USER continues to make use of the PLATFORM.

All fees listed on the Website are in euros and excluding taxes, unless explicitly stated otherwise. NASCENT reserves the right to modify the fees and the offering on the WEBSITE at any time. Before placing a purchase order, the USER shall have the opportunity to review, verify and accept the full fee that will be charged for the order.

Fees must be paid in advance via an online payment provider or link, via credit card, bank transfer or other accepted payment methods. For the payment process, the USER is redirected to the payment platform of a third party. By using this external service, the USER agrees to the Terms and Conditions of the relevant third party. If, during the purchase process, the payment amount cannot be debited from the USER's account (due to insufficient balance, incorrect account information, technical issues, etc.), the transaction shall be deemed not to have taken place. For professional USERS we will send an invoice, confirming payment. NASCENT reserves the right to verify the validity of a USER's (i) account and (ii) selected payment method, prior to accepting the USER's purchase and offering the USER access to the PLATFORM.

Subject to the provisions of the preceding paragraph, the purchase order is concluded at the moment the USER accepts the offer and fulfils the applicable conditions, including payment (if applicable).

The invitation to register shall be provided to the USER within the specified period following the purchase order, unless a longer period has been indicated by NASCENT.

For Partners

Partners can offer the PLATFORM to end users via access codes. The agreement with Partners and related fees will be governed by a separate Service Agreement between Parties.

Right of withdrawal

The PLATFORM and NASCENT's services must be regarded as an exception to the right of withdrawal, as (i) the USER has consented to the commencement of the services and (ii) the USER acknowledges that, by doing so, they waive their right of withdrawal. Accordingly, the USER cannot invoke any right of withdrawal with respect to the Platform and the services.

By accepting the Terms of Use and completing the registration process, the USER confirms that they have access to the intended use of the PLATFORM and services, as described in these Terms of Use. The USER therefore confirms and accepts that they waive their right of withdrawal from the moment the services are provided by NASCENT, following registration on the PLATFORM. This implies that the User, from that moment on, is bound by the Terms of Use, without prejudice to their right to withdraw consent for the processing of personal data in accordance with the Privacy Policy.

Term and termination

The USERS can use the PLATFORM as long as they have an account. The USERS are under no obligation to use the PLATFORM and may at all times choose to stop using it and remove their account.

NASCENT may at all times suspend or cancel, temporarily or permanently, the USER's account on the PLATFORM if the USER (i) breaches these Terms of Use, (ii) engages in fraudulent practices or behaviour, or (iii) causes damages or may cause damages to third parties, the PLATFORM or NASCENT.

If the USER's account is suspended or removed by NASCENT, then the USER will not create a new account on the PLATFORM without the prior approval of NASCENT. The USER is not entitled to any compensation for the suspension or removal of its account.

As long as the USER has an account and till 24 months afterwards, the USER is prohibited from developing (directly or indirectly) competing software, and this in Belgium and the territory where the USER has its activities.

The commitments, rights and obligations which by their nature are deemed to survive termination, shall continue to remain in force after termination of these Terms of Use, for any reason whatsoever.

Liability and guarantees

NASCENT is developed on the basis of scientific knowledge and expertise. NASCENT is provided 'as is'. NASCENT does not provide any warranty or guarantee whether explicit or implicit, for example – but not limited to – on its effectiveness, the uninterrupted availability, the absence of errors.

NASCENT expressly states that it does not, under any circumstances, enter into obligations of result ("obligations de résultat" / "resultaatsverbintenissen"). All contractual engagements entered into by NASCENT are to be interpreted and construed strictly as obligations of means ("obligations de moyens" / "middelenverbintenissen"), unless explicitly and unequivocally agreed otherwise in writing by a duly authorized representative of NASCENT.

NASCENT reserves the right to pursue any appropriate measures it deems effective to prevent or to terminate an infringement of its rights, without incurring any liability as result of such measures.

Except to the extent permitted by applicable law, NASCENT's liability under the Terms of Use in respect of any event (or series of related events) shall not exceed the total amount of fees paid by the User to NASCENT under the Terms of Use during the twelve (12) month period preceding the date of the event (or last of the related events) giving rise to the USER's claim(s), and this per cause of damage. In accordance with this article of the Terms of Use, the USER agrees that NASCENT can only be held liable under the Terms of Use to the extent that the damage suffered by the USER can be directly attributed to NASCENT. For the avoidance of doubt, NASCENT shall not be liable for any claims arising from the unauthorized use of the PLATFORM by the USER, or from the use of the PLATFORM in combination with products or services not provided by NASCENT.

To the fullest extent permitted by law, NASCENT shall in no event be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect the USER's computer equipment, programs, data, or other proprietary material due to the use of the PLATFORM.

Force majeure

NASCENT shall not be held liable for any failure or delay in the performance of its obligations relating to the PLATFORM, if such failure or delay is due to a case of force majeure, nor for any damage suffered by the User as a result of such force majeure. Force majeure refers to any unavoidable and unforeseeable cause or circumstance beyond the control of NASCENT, or otherwise defined in accordance with Belgian law, including but not limited to war, strikes, lockouts, riots, epidemics, pandemics, fire, communication failures, power outages, earthquakes, other natural disasters or unauthorized access to NASCENT's IT systems by third parties.

In the event of force majeure, NASCENT shall notify the USER in writing as soon as reasonably possible, providing details of the nature and estimated duration of the force majeure and shall take all reasonable steps to mitigate the effects thereof. NASCENT shall also inform the USER once the force majeure event has ended.

If the provision of the PLATFORM or services of NASCENT is delayed or otherwise disrupted – even partially – due to an event of force majeure, NASCENT shall not be liable to pay any compensation, indemnity, or penalty to the User for any failure or improper performance of the PLATFORM resulting therefrom.

Availability, maintenance and support

NASCENT is under no obligation to provide any support, maintenance, updates, modifications or new versions of the PLATFORM.

Nevertheless, NASCENT may from time-to-time release upgraded versions of the PLATFORM. By continuing to use the PLATFORM, the USER consents to any such upgrades.

The USER accepts that the maintenance of the PLATFORM (including the underlying IT infrastructure) may be the cause of a temporary disuse of the PLATFORM and of access to its data and information. NASCENT cannot be held liable for the loss of data or information.

Security

NASCENT takes appropriate security measures to secure the personal data and information of the USER.

If links are created with external applications or accessories, NASCENT is not responsible if such external applications or accessories do not use HTTPS-protocol for the exchange of data over the internet between such an external application and/or accessory and NASCENT.

Processing of personal data

For information regarding the protection of personal data, such as the exercise of the rights of the USER, we refer to the privacy policy of NASCENT.

Miscellaneous

These Terms of Use are exclusively governed by the laws of Belgium and in case of any dispute the court of the registered office of NASCENT shall have exclusive jurisdiction.

If any provision of these Terms of Use is or becomes invalid, void or unenforceable, the remaining provisions of these Terms of Use shall remain in full force and effect. NASCENT and the USER are bound to replace the null and void or non-feasible stipulations by other ones with which as much as possible of the common original intention of the Parties will be realized.

All notices from NASCENT intended to be received by the USER shall be deemed delivered and effective upon being sent to the email address provided by the USER at the time of registration for the PLATFORM or upon being included in a notification on the platform. If the USER changes this email address, they must also update their email address on the personal settings page.

NASCENT may adjust these Terms of Use by giving prior notice to the USER. To this end, the adjustment will be placed on NASCENT and the last version date will be indicated. By continuing to use NASCENT, the USER declares to have read, understood and to irrevocably accepted the adjusted Terms of Use.

Last updated 31/03/2025