Terms of Use

These Terms of Use ("Terms") constitute an agreement between you and XV LLC ("XV," "we," "us," or "our"), which operates the Powdr service through getpowdr.com and related experiences (collectively, the "Services"). References to "Powdr" describe the service or XV in its role as operator, as the context requires. By selecting your first assessment answer, creating an account, or otherwise affirmatively accepting these Terms, you agree to them and acknowledge the Privacy Policy. If you do not agree, do not use the Services.

1. Eligibility and United States availability

You must be at least 18 years old and legally able to enter into these Terms. The Services are intended only for users in the United States. You represent that information you submit is accurate to the best of your knowledge and that you have the right to provide it. If you use Powdr for or on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.

2. What Powdr currently provides

Powdr is currently a proof of concept for researching how people describe their work, capital needs, product stage, and interest in possible future products. The Services may include a builder assessment, experimental Powdr Profile, profile archetype and tier, account dashboard, research communications, and related features. The Services and their outputs may change, be limited, or be discontinued at any time.

Powdr Capital, Powdr Builder Offers, signal verification, and investor discovery are in development. Powdr does not promise that any of them will launch or that any person will be eligible to use them if they do.

3. No financial product, credit decision, or investment service

Powdr does not currently provide loans, credit, financing, investment, underwriting, or brokerage services. Powdr is not currently acting as a lender, bank, loan broker, investment adviser, broker-dealer, fiduciary, credit reporting agency, or financial adviser. Nothing in the Services is an application, offer, approval, preapproval, prequalification, credit decision, credit limit, extension of credit, investment recommendation, commitment, or reservation of funds.

Powdr Profiles, scores, archetypes, tiers, and evidence labels are experimental product-research outputs. They may be incomplete or inaccurate, are not a measure of creditworthiness, and should not be relied on as financial, legal, tax, employment, or investment advice. Any future capital product would be offered under separate terms and could require identity, eligibility, fraud, credit, ability-to-repay, legal, and partner underwriting review. Any third party would make its own independent decisions.

4. Accounts and OAuth providers

Powdr may require you to sign in through Google, GitHub, or another supported OAuth provider. You are responsible for maintaining the security of the provider account and device you use to access Powdr. You may not share, transfer, sell, or allow unauthorized use of your Powdr account. Notify us promptly at   if you believe your account has been compromised.

Your relationship with an OAuth provider is governed by that provider's terms. Powdr is not responsible for a provider's availability, security, or decision to suspend your provider account. You authorize Powdr to receive and use the account information needed to authenticate you as described in the Privacy Policy.

5. Product research and prospective partners

You understand that Powdr is researching demand and developing relationships with prospective venture investors, lenders, financing providers, and commercial benefit partners. Powdr may use and disclose aggregate information for product research, partnership evaluation, fundraising, market validation, and business planning. Those materials do not include names, email addresses, LinkedIn URLs, public build URLs, or complete individual assessment responses. Powdr does not currently disclose claimed-profile information to those recipients for these purposes.

Research results, aggregate reporting, and partnership discussions do not guarantee contact, benefits, financing, investment interest, endorsement, eligibility, or any other result.

6. Your projects, submissions, and feedback

You keep ownership

As between you and XV LLC, you retain ownership of your projects, products, code, designs, names, trademarks, and other work. These Terms do not transfer ownership of your work to Powdr.

Permission needed to operate Powdr

When you submit assessment answers, profile details, links, communications, or other content ("User Submissions"), you grant Powdr a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, process, analyze, format, display, and transmit those User Submissions as reasonably necessary to operate, secure, research, and improve the Services; create your profile; produce aggregate research; and evaluate prospective products and partnerships. This license lasts for as long as the information is retained under the Privacy Policy. Powdr's handling of personal information remains governed by the Privacy Policy.

Powdr may use aggregate research and statistics to describe and promote the Services. Powdr will not publicly use your name, email address, profile links, project details, quotes, or other identifiable User Submissions to promote the Services without your separate permission.

Your responsibilities

You represent that you own or have permission to submit each User Submission and that our permitted use will not violate another person's rights or law. Do not provide passwords, API keys, private source code, bank credentials, government identifiers, protected health information, confidential employer or client information, or material you are not permitted to share.

Feedback

If you give Powdr ideas, suggestions, or feedback about the Services, you grant Powdr a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free right to use, modify, commercialize, and otherwise exploit that feedback without restriction, attribution, or compensation. This does not give Powdr ownership of your underlying project or work.

7. Powdr intellectual property and limited license

The Services, including Powdr's software, design, branding, logos, text, graphics, interfaces, research methods, and other materials, are owned by XV LLC or its licensors and protected by intellectual-property laws. Subject to these Terms, Powdr grants you a limited, personal, revocable, non-exclusive, non-transferable right to access and use the Services for their intended purpose. No other rights are granted.

8. Acceptable use

You may not, and may not help another person to:

• use the Services unlawfully, fraudulently, deceptively, or to harm another person;
• submit false identity information or impersonate another person or organization;
• access another account, restricted data, source code, or non-public system without authorization;
• probe, scan, disrupt, overload, scrape, crawl, reverse engineer, or circumvent security or technical measures, except where a restriction is prohibited by law;
• upload malware or interfere with the availability or integrity of the Services;
• use automated means to create accounts, submit assessments, collect information, or manipulate research results without our written permission;
• infringe intellectual-property, privacy, publicity, confidentiality, or other rights;
• resell, sublicense, or commercially exploit access to the Services without permission.

9. Third-party services, links, and future partners

The Services may depend on or link to third-party services, including authentication providers, LinkedIn profiles, public product pages, hosting vendors, and possible future financial or commercial partners. Powdr does not control and is not responsible for their content, availability, security, decisions, products, terms, or privacy practices. A link, integration, or introduction is not an endorsement. Your use of third-party services is at your own risk and may be governed by separate agreements.

10. Communications

You agree to receive electronic communications needed to operate your account or address security and legal matters. If you affirmatively opt in to marketing, Powdr may also send product updates, research invitations, launch news, and future partner offers. You may opt out of marketing through Account & Privacy or an unsubscribe mechanism. Consent to marketing is not required to create a Powdr Profile.

11. Changes to or availability of the Services

We may add, remove, test, suspend, or discontinue any part of the Services at any time. We do not guarantee that profiles, scores, assessment logic, data formats, or features will remain unchanged or continuously available. We have no obligation to launch a future capital, benefits, or investor-discovery product.

12. Suspension, termination, and account deletion

We may restrict, suspend, or terminate access if we reasonably believe you violated these Terms, created risk or legal exposure, misused the Services, or if suspension is needed to protect Powdr, users, or third parties. You may stop using Powdr at any time and may delete your account through Account & Privacy.

Account deletion removes identifying account and profile information from active systems as described in the Privacy Policy, including your saved assessment. Powdr may retain genuinely aggregate or de-identified research indefinitely, together with the limited legal, security, and backup records described in the Privacy Policy. Sections that by their nature should survive termination, including intellectual property, feedback rights, disclaimers, liability limits, dispute terms, and general provisions, will survive.

13. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND ALL PROFILES, SCORES, RESEARCH OUTPUTS, CONTENT, AND OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." POWDR DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, SECURITY, AVAILABILITY, AND RESULTS.

Powdr does not warrant that the Services will be uninterrupted or error-free, that data will never be lost, that an output is accurate or useful, or that any future partner, financing, benefit, or investment opportunity will exist. Some jurisdictions do not allow certain warranty exclusions, so some exclusions may not apply to you.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, POWDR AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, OPPORTUNITIES, GOODWILL, USE, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE FULLEST EXTENT PERMITTED BY LAW, POWDR'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID POWDR FOR THE SERVICES DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. These limits do not apply where prohibited by law and do not limit liability that cannot legally be limited.

15. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Powdr and its owners, officers, employees, contractors, and affiliates from third-party claims, liabilities, damages, judgments, losses, and reasonable costs arising from your unlawful use of the Services, your material violation of these Terms, or a User Submission that violates another person's rights. Powdr may control the defense of a claim covered by this section, and you agree to reasonably cooperate.

16. Informal dispute resolution

Before filing a claim, you and Powdr agree to try to resolve the dispute informally for 30 days. Send a written notice to   that includes your name, the email address from which you send the notice, any Powdr account email if you have one, a description of the dispute, and the relief requested. Powdr will respond using the sending address or account email you provide. This requirement does not prevent either party from seeking immediate relief for misuse, security, or intellectual-property violations.

17. Courts, small claims, and optional dispute resolution

If a dispute is not resolved informally, either party may bring an eligible individual claim in small-claims court. Any other claim must be brought in the courts described below, subject to any nonwaivable right you may have to bring it in another forum. After a dispute arises, you and Powdr may agree in writing to resolve it through mediation or arbitration, but neither party is required to do so.

18. Governing law and courts

Vermont law governs these Terms, without regard to conflict-of-law principles, except to the extent that the nonwaivable consumer-protection laws of your state of residence apply. You and Powdr consent to exclusive jurisdiction in the state and federal courts located in Vermont, subject to any nonwaivable right you may have to bring a claim in another forum and the small-claims option described above.

19. Electronic communications

You consent to receive agreements, notices, and other records electronically and agree that electronic communications satisfy legal writing requirements. You should keep a copy of these Terms and maintain a current email address with your OAuth provider.

20. Changes to these Terms

We may update these Terms as Powdr develops. We will post revised Terms and update the effective date. If a change is material, we will provide additional notice and may require renewed affirmative acceptance before further use of the Services. Changes apply prospectively when they take effect. Your continued use after the effective date, or your affirmative acceptance when requested, means you accept the revised Terms.

21. General terms

These Terms and the Privacy Policy are the entire agreement between you and XV LLC regarding the Services and replace prior discussions about them. If a provision is unenforceable, it will be modified to the minimum extent needed and the remaining provisions will continue. Powdr's failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; Powdr may assign them in connection with a financing, reorganization, merger, acquisition, or sale of assets. These Terms do not create an employment, agency, partnership, fiduciary, or joint-venture relationship. Headings are for convenience only. Powdr is not liable for delay or failure caused by events beyond its reasonable control.

22. Contact

Questions about these Terms may be sent to  .

XV LLC
145 Pine Haven Shores Rd. #1000A
Shelburne, Vermont 05482
United States
getpowdr.com