Privacy Policy & ToS

These terms and conditions contain important information on the Numberly Financial Game Plan.

1. Introduction

This Privacy Notice describes the practices that Numberly follows in relation to Numberly Financial Game Plan with respect to the privacy of all individuals whose personal data is processed and stored in the Financial Game Plan.

2. Who Manages The Financial Game Plan?

“Numberly” refers to Numberly Inc which acts as a data controller by providing the Financial Game Plan on which your personal data may be processed and stored.  The personal data that you provide in the Financial Game Plan is not shared beyond Numberly employees who need to access the data to provide the Service.

3. Why Do We Need Your Information?

The purpose of the Financial Game Plan is to assist you in interpreting information from financial models relating to your business to inform your decision-making. The Financial Game Plan will help you understand and develop your business plan and provide action-oriented guidance and tips.

Your personal data processed in the Financial Game Plan is used as follows: registration is not required to visit our website. If you choose to register for email newsletters and occasional business announcements and updates, Numberly may contact you to provide you with information about our services, publications, and products, or for other marketing purposes. You may opt out of our periodic emails by unsubscribing at the bottom of any email newsletter we send to you.

If you would like to sign up to request a model build or subscribe to Numberly, we will process additional data, such as your name, contact and address details, date of birth, country, password, company details, and IP address. In this case, your personal data will also be processed and stored by Stripe. For additional information see paragraph 5 below.

In addition, we may use your data (in anonymized form) for benchmarking reports. This will help you and other Numberly clients to strengthen the assumptions and assess and compare various aspects of your business to peers. The benchmarking information is displayed in an anonymized way so there is no direct comparison between companies.

Numberly relies on the following basis to legitimize the processing of your personal data in the Financial Game Plan: Processing is necessary for the performance of your contract with Numberly allowing you to properly use the Financial Game Plan. In some cases, we also have a legal obligation to collect personal data from you.

In order to provide the payment providers with your personal data we legitimize the processing of your personal data on the lawful basis of ‘legitimate interests’. Processing of your personal data is necessary for the purposes of the legitimate interests pursued by Numberly or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms that require the protection of personal data. The specific legitimate interest is Numberly’s business administration and payment process.

Please be aware that if you do not provide us with all personal data requested, we may not be able to carry out the purposes for processing that are set out above.

4. What Type Of Personal Data Is Processed In The Financial Game Plan?

The Financial Game Plan may process the following categories of personal data: first name, last name, date of birth, address, postal code, city, country, IP address, e-mail, location (country and/or state) and password, credit card data (credit card number, expired date, CVC code, cardholder name, transaction amount, transaction date, transaction time), transaction ID, information about a purchased item.

If you have already established a company, in addition to your personal details as mentioned above, the following company information may be processed within the Financial Game Plan: company name, address, postal code, city, country of registration, VAT number, the year company was founded, (sub-)sector, currency used, website, company description.

This data is sourced from your input within the Financial Game Plan.

5. Payment Process

If you purchase or subscribe to Numberly’s Financial Game Plan you are required to pay a fee. We will provide Stripe with the data relevant to the payment process.

6. Sensitive Personal Data

We may be processing sensitive personal data in the Financial Game Plan.  Where you provide Numberly with employee data such as name or salary, this data will not be used or disclosed outside of your Financial Game Plan.

Your bank account and/or credit card information may be processed by our payment providers.

7. Who Can Access Your Information?

Your personal data may be accessed in the Financial Game Plan by the following Numberly persons/teams:

• Numberly team based in the UK, Spain, Hong Kong, and the USA will have access to build, interpret, modify, and read your Financial Game Plan;
• Numberly’s developer team will have access to the Financial Game Plan for support, security, and development purposes.

In addition, the following parties may have access to your personal data:

• Stripe
• WordPress
• Bluehost
• Any competent law enforcement body, regulatory, government agency, court, or other third party if necessary.

The access rights detailed above may involve the transfer of personal data in various jurisdictions (including jurisdictions outside the European Union) in which Numberly operates. For data collected in the European Economic Area (EEA) or that relates to individuals in the EEA, Numberly requires an appropriate transfer mechanism as necessary to comply with applicable law. Numberly will process your personal data in the Financial Game Plan in accordance with applicable law and professional regulations.

8. Security

Numberly is committed to making sure that your personal data is kept secure. In order to prevent unauthorized access or disclosure, Numberly has put in place appropriate measures to safeguard and secure your personal data. All Numberly personnel and any third parties that Numberly engages to process your personal data are obliged to respect the confidentiality of your data.

9. Controlling Your Personal Data

Numberly will not sell, distribute or lease your personal data to third parties (other than those parties referred to in section 7) unless we have your permission or are required by law to do so.

You are legally entitled to request details of the personal data that Numberly holds about you. If you would like to obtain confirmation as to whether or not your personal data is processed in the Financial Game Plan or if you would like to access your personal data in the Financial Game Plan, please contact us via hello@numberly.io

10. Rectification, Erasure, Or Restriction Of Processing

Numberly provides you with the ability to make sure your personal data is accurate and up to date. You can request access, object, data portability, rectification, erasure, or restriction of processing of your personal data by sending an e-mail to hello@numberly.io. We will use reasonable efforts to contact you regarding your request.

11. Complaints

If you are concerned about an alleged breach of privacy law or any other regulation by Numberly, you can contact Numberly via hello@numberly.io

12. Contact Us

If you have questions or you do not feel that your concerns have been addressed in this Privacy Notice, please contact us via hello@numberly.io.

These terms and conditions contain important information on the Numberly Financial Gameplan.

Article 1. Definitions

In these terms and conditions the following terms, provided that they start with a capital letter, are defined as:

“Agreement”: the arrangements between the Supplier and the Client to which these Terms and Conditions apply.

“Client”: the natural person or legal entity, authorized by the Supplier to use Numberly Financial Gameplan.

“End-user”: a natural person authorized by the Client to use, on its behalf, Numberly Financial Gameplan.

“Numberly Financial Gameplan”: the business plan software model provided by the Supplier to the Client.

“IPR”: any and all (future) intellectual property rights and trade secrets in any country or jurisdiction including, but not limited to any patents, copyrights, and neighboring rights, trademarks, trade names and domain names, goodwill, design rights, rights related to software, database rights, knowhow, all renewals or extensions of such rights and all similar or equivalent forms of protection which are developed, either registered, deposited, filed or not and including any and all applications for such rights that can in any way be related to Numberly Financial Gameplan.

“Personal Data”: any information relating to an identified or an identifiable natural person.

“Parties”: the Supplier and the Client

“Reports”: the reports, including business plan data and insights that are generated by Numberly Financial Gameplan based on information provided by the Client.

“Supplier”: Numberly, Inc in this matter. 

“Terms & Conditions”: these Terms and Conditions.

Article 2. Applicability

2.1. Every use of and/or access to Numberly Financial Gameplan is subject to these Terms and Conditions.

2.2. The Client accepts the applicability of these Terms and Conditions.

2.3 The Supplier reserves the right to amend these Terms and Conditions at any moment. The latest version of these Terms and Conditions is accessible via numberly.io at all times.

Article 3. Numberly Financial Gameplan

3.1. Numberly Financial Gameplan is a financial plan model to help founders plan and manage their business growth, make informed decisions, and communicate with stakeholders, e.g. VC partners, the details of which may be found at numberly.io

3.2 Numberly Financial Gameplan is a semi-automated system. Reports and generated remarks, if any, may be automatically created based on information provided by the Client to Numberly Financial Gameplan. Remarks are of a general nature and serve as non-binding information.

Article 4. Reports And Automatically Generated Remarks

4.1. The Client is responsible for the use of Numberly Financial Gameplan and all decisions based on the use of Numberly Financial Gameplan.

4.2. Reports and comments do not serve as investment or consultancy advice by the Supplier.

4.3. By making Numberly Financial Gameplan available to the Client, the Supplier does not provide assurance under any accounting or similar standards in any way, shape, or form.

4.4. The Supplier does not warrant the realization of any scenario or prospect the Client may have as a consequence of the use of Numberly Financial Gameplan.

4.5. To the extent permitted by applicable law and regulations, the Client indemnifies the Supplier against any claims from third parties (including but not limited to entities related to the Client and the Client’s professional advisors) and the resulting liabilities, damages, compensations, charges, and expenses (including reasonable external and internal legal costs) arising from the use of and/or the reliance on a Report by a third party after the Report has been made public to the third party by or on behalf of the Client or at the Client’s request.

4.6 In accordance with Article 13 of these Terms and Conditions, the liability of the Supplier due to the scrambling, destruction, or loss of data or documents related to Numberly Financial Gameplan shall be excluded.

4.7 The Supplier is not obligated to check the accuracy and completeness of the information used as input into Numberly Financial Gameplan by the Client and is not liable for the consequences of the use of inaccurate and/or incomplete information used as input into Numberly Financial Gameplan by the Client.

Article 5. Availability And Adjustment

The Supplier will make commercially reasonable efforts in order to ensure a suitable functioning of Numberly Financial Gameplan. However, the Supplier does not warrant or guarantee that the Numberly Financial Gameplan will function without any flaws, failures, and/or disruptions.

5.2. The Supplier reserves the right to modify (the technical and/or functional characteristics of) Numberly Financial Gameplan at any time in order to improve the functionality and/or to correct any possible errors or to comply with the applicable law and regulations.

5.3. The Supplier will make commercially reasonable efforts to track and correct any possible errors in Numberly Financial Gameplan. However, the Supplier does not warrant or guarantee that all errors can be corrected.

5.4. In case any of the modifications, as mentioned in clauses 5.2 and 5.3, lead to a material deviation of the functioning of Numberly Financial Gameplan, the Supplier will inform the Client via numberly.io and/or by sending the Client an email before the modification becomes available.

5.5 The Supplier is not bound to create backup copies of the saved information created by the Client through the use of Numberly Financial Gameplan.

Article 6. Obligations Of The Client And End User

6.1. Without the prior written consent of the Supplier, the Client is not entitled to reverse engineer, decompile, disassemble, and/or work around technical limitations of the Numberly Financial Gameplan.

6.2 The Client is responsible for the use of Numberly Financial Gameplan by the End Users in accordance with these Terms and Conditions. The Client is obligated to impose all obligations under these Terms and Conditions on the End Users.

6.3 The Client guarantees that it and the End Users adhere to the following rules when making use of Numberly Financial Gameplan:

1. the Client shall not introduce or spread any (computer) viruses or any other files that can damage the functioning and/or availability of Numberly Financial Gameplan;
2. the Client shall not perform any actions that can cause failures to Numberly Financial Gameplan 
3. the Client shall not misuse the provided username and password or (attempt to) compromise Numberly Financial Gameplan security;
4. the Client shall not infringe upon any IPR; and
5. the Client shall not publish, reproduce, or in any other way employ information and data provided by the Supplier to the Client, other than for the Client’s internal business purposes, without the explicit written consent of the Supplier.

6.4 In case the Client acts in violation of this article 6, the Client is obligated to follow the reasonable instructions given by the Supplier to the Client and the Client shall ensure that the instructions are followed up by the End Users.

Article 8. Fees And Payment

8.1 The fees for Numberly Financial Gameplan can be found on the pricing overview page at numberly.io, unless other pricing has been agreed between the Parties.  The fees are depicted in USD and are exclusive of value-added tax.

8.2 The Client is obliged to pay the relevant fees before the Supplier provides the Client access to Numberly Financial Gameplan. 

• 50% of the total agreed fees shall be paid on digital delivery of v1 of the Financial Game Plan
• 50% of the total agreed fees shall be paid on digital delivery of v2 of the Financial Game Plan

8.3 Should the v2 review meeting take place more than ten days after the v1 review meeting, the Supplier shall be entitled to submit the final 50% invoice for payment on the eleventh day after the v1 review meeting.

8.4 Payment terms ars 7 days.

8.5 In order to facilitate the payment process the Supplier uses the services of a payment provider. 

Article 9. Refunds

9.2 Numberly offers a Happiness Guarantee.  If the Customer is dissatisfied with the quality of the work provided they may request a refund, subject to Numberly being given the opportunity to remedy the cause of the dissatisfaction first and allowed reasonable time to do so. The Happiness Guarantee excludes features or absence of features in the Numberly Financial Gameplan

9.1 Beyond the terms of the Happiness Guarantee, given the digital nature of the Numberly Financial Gameplan, refunds are not offered.

Article 10. License And IPR

10.1 Upon acceptance of these Terms and Conditions, the Client is granted a non-exclusive, non-transferable right to use Numberly Financial Gameplan (“License”). The scope of this License is limited to (i) the selected duration based on the subscription fee selected and (ii) the organization of the Client. The Client hereby accepts this License.

10.2 The Supplier exclusively owns the IPR. These Terms and Conditions do not in any way constitute a transfer of ownership of the IPR.

10.3 The Client shall not apply for, register, and/or seek to obtain any IPR and/or intellectual property rights and/or any other right in relation to Numberly Financial Gameplan.

10.4 The Client shall promptly inform the Supplier about any attack on the validity or any infringement of any IPR that comes to its attention.

10.5 The Client shall not take any steps or make any admissions regarding any infringement of any IPR but shall provide, at reasonable request of the Supplier all assistance in taking any steps against any infringement of, or other proceedings instituted against, any of the IPR.

10.6 The defense and enforcement of the IPR shall be conducted by the Supplier including but not limited to the exclusive right to initiate proceedings against third parties or competent IP agencies, to conduct the defense against actions by third parties or competent IP agencies and/or to enter into settlements

Article 11. Confidentiality

The Supplier and the Client undertake that they will not at any time disclose or use for any purpose detrimental or potentially detrimental to the Supplier or the Client any (i) information concerning Numberly Financial Gameplan or (ii) any other information concerning the business and affairs of the Supplier or the Client, except (a) to the extent required by law or any competent authority, (b) to their professional advisers subject to a duty of confidentiality and only to the extent necessary for any lawful purpose, and (c) to the extent that at the date hereof or hereafter such information is or shall become public knowledge otherwise than through improper disclosure by any person.

Article 12. Privacy

12.1 To these Terms and Conditions the following privacy laws and regulations apply:

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 relating to the protection of natural persons in connection with the processing of person data and on the free transfer of such data (hereinafter “Regulation“).  In the Terms and Conditions the terms ‘Personal Data’, ‘Controller’, ‘Processor’, ‘Processing’, ‘Special Categories of Personal Data’, ‘Supervisory Authority’, and ‘Data Breach’ shall have the same meaning as defined in the Regulation.

12.2 As a consequence of the use of Numberly Financial Gameplan, the Supplier will process Personal Data on behalf of the Client. In this processing of Personal Data, the Client will be considered as the Controller and the Supplier as the Processor. 

12.3 The Supplier and the Client will comply with applicable laws and regulations regarding privacy. Before providing the Personal Data to the Processor and/or providing the Supplier with processing instructions, the Client determines as Controller that those processing activities are permitted in accordance with Article 7 of the Directive or Article 6 of the Regulation.

12.4 The subject, nature, and purpose of the processing activities (including the categories of personal data) are described in more detail in the privacy statement as published on Privacy Statement.

12.5 The Supplier shall keep the Personal Data it processes on behalf of the Client secret and shall also oblige any person and/or legal entity acting under its authority to keep the Personal Data secret, except when obligated to notify based on a statutory obligation or professional regulation. The Supplier shall process the Personal Data only on behalf of the Client, subject to deviating legal obligations, and shall follow the written instructions of the Client. This also applies to the transfer of Personal Data to countries outside the European Economic Area (EEA), unless specific processing is required under applicable laws and regulations. In that case, the Supplier will notify the Controller before proceeding to this Processing of Personal Data unless such notice is permitted.

12.6 The Supplier informs the Client if, in its opinion, any instruction of the Client provides an infringement of applicable privacy laws and regulations.

12.7 The Supplier will take appropriate measures to protect the Personal Data against loss or against any form of unlawful processing. These measures, taking into account the state of the art and the cost of implementation, ensure an appropriate level of security in view of the risks involved in the processing activities and the nature of the Personal Data. The measures should also be aimed at avoiding unnecessary collection and further processing of Personal Data. The Supplier will periodically evaluate and strengthen the measures taken by it, as appropriate, to the extent that the requirements or (technological) developments give rise to this.

12.8 The Supplier shall notify the Client of:

1. a Data Breach to be reported in accordance with the laws pertaining to companies registered in Delaware USA. In case of a Data Breach, the Supplier will notify the Controller without undue delay after discovery of the Data Breach.
2. a complaint of a data subject.
3. a request of a data subject with regard to the data subject’s rights.
4. an investigation of a Supervisory Authority or other authority, to the extent permitted by applicable laws and regulations.

12.9 The Supplier may outsource the processing of Personal Data to any subcontractor without the prior written consent of the Client. The Client has the right to refuse this permission without notice of any reason or to add further terms to this permission. The subcontractor of the Supplier must comply at least with contractual provisions that are equivalent to the provisions of this article 12 and the Agreement..

12.10 The Supplier may transfer Personal Data to non-EEA countries provided that the Supplier complies with Chapter 5 of the Regulation (“transfers of Personal Data to third countries or international organizations”).

12.11 The duration of the processing activities is included in the Agreement. Upon completion of the processing services, the Supplier will, upon the Client’s request, delete or return and delete all copies of the Personal Data, unless the Supplier has a legal or professional obligation to retain the Personal Data. The Parties acknowledge that this obligation does not apply to data (including Personal Data) held by the Supplier for backup purposes, provided that the terms of the security and confidentiality as contained in these Terms and Conditions apply to it. 

Article 13. Liability And Identification

13.1 The total liability of the Supplier due to an attributable failure in the performance of these Terms and Conditions and/or Agreement or on any legal basis whatsoever shall be limited to compensation for direct loss up to a maximum of the fees paid by the Client to the Supplier in the twelve months prior to the failure (including VAT).

13.2 The liability of the Supplier for indirect loss, consequential loss, loss of profits, lost savings, reduced goodwill, loss due to business interruption, or loss as a result of claims of the Client’s customers is excluded.

13.5 The Client indemnifies the Supplier against any and all claims of third parties relating to the use by the Client and the End Users of Numberly Financial Gameplan.

Article 14. Force Majeure

None of the Parties shall be obligated to fulfill any obligation if it is prevented from doing so by force majeure. Force majeure on the part of the Supplier means, among other things: (i) force majeure on the part of the suppliers of the Supplier, (ii) defects in items, equipment, software, or materials of third parties, (iii) government measures, (iv) power failures, (v) internet, data network or telecommunication facilities failures, (vi) war and (vii) general transport problems.

Article 15. Duration And Termination

15.1 The Agreement starts at the moment the Client has accepted these Terms and Conditions. Upon expiration of the selected duration, the Agreement is automatically terminated. The Client is not entitled to terminate the Agreement before the Agreement expires.

15.2 Notwithstanding article 15.1 of these Terms and Conditions, the Supplier or the Client may terminate the Agreement at any time with immediate effect, upon written notice to the Client or the Supplier and without incurring any liability to the other in any of the following circumstances:

(i) in the event of filing a petition in bankruptcy or the suspension of payments of the Client or the Supplier, liquidation or composition with creditors of the other party, and in case of attachment maintained for at least one (1) month in respect of substantial debts and/or assets of the Client or the Supplier;

(ii) in the event the Client or the Supplier becomes insolvent or unable to pay its debts as they mature or ceases to pay its debts as they mature in the ordinary course of business or makes an assignment for the benefit of its creditors; and

(iii) in the event the Client or the Suppliers fails to perform any material obligation under the Agreement after having received notice of such default and not having cured the default within three (3) months thereafter.

15.3 In addition, the Supplier may terminate this Agreement, immediately upon written notice to the Client if the Supplier reasonably determines that the Supplier can no longer execute this Agreement either in accordance with applicable law or regulatory or professional obligations or for independence reasons, unless the Supplier has been able to properly amend the Agreement with the Client. 

Article 16. Consequence Of Termination

The Client is responsible for exporting or copying any information provided to the Supplier and/or automatically generated by Numberly Financial Gameplan before termination of the Agreement. 

Article 17. Disputes And Applicable Law

17.1 All legal relations between the Parties will be governed by US law.

17.2 All legal disputes between the Parties will be settled by the competent court in Delaware.