Terms of Use

Introduction

The Krossbo website and platform (collectively, the “Site”) is operated by Krossbo Investments Limited (“Krossbo”), a limited liability entity incorporated under the laws of the Kingdom of Saudi Arabia, with its registered head office at Riyadh, Saudi Arabia. The Terms of Use (“Terms of Use”) shall apply to you as a user of the Site, whether as a guest or a registered user.

You should read the Terms of Use carefully before using this Site as your access to the use of the Site are governed by them. If you use this Site you agree that: (i) you have read and understood these Terms of Use and (ii) you agree to comply with and be bound by the Terms of Use. If you do not agree with these Terms of Use or do not agree to be bound by these Terms of Use, please do not use the Site. We reserve the right to amend the Terms of Use or the Site at any time for legal, regulatory or security reasons at our sole discretion and we are under no obligation to notify you of such amendments. Any such amendments shall be binding irrespective of whether you are aware of such amendments. We advise you therefore to check the Site from time to time to ensure that you are aware of the current version.

You must comply with the Terms of Use. These Terms of Use are to be read and applied in conjunction with the Privacy Policy.
 

Disclaimer and Risk Warning

It is agreed by you that no content on the Site constitutes a recommendation or advice that any particular investment or transaction is suitable or advisable for you or any other person. Neither ourselves, our directors, our officers, our employees nor any third-party service providers shall advise you personally in respect of the nature, value or suitability of any particular investment or transaction. We are not authorized to offer or grant investment or finance advice.

All content and material on the Site is for information purposes only. Nothing on this Site shall constitute any form of advice or recommendation by us and shall not be construed as any offer, solicitation, invitation or recommendation to enter into or engage in any investment agreement, and shall not be relied on by you in making any specific investment decision. Nothing on this Site shall have the purpose or inviting or inducing you to engage in any type of investment activity. Nothing on this Site shall be construed as issuing securities or inviting any members of the public to subscribe to enter into or engage in any investment agreement. Nothing on this Site shall contain or be construed so as to contain any statement, announcement or communication that has the effect of engaging in investment activities. We recommend that you seek independent advice from a financial advisor before making any such decision.

Nothing in this Site constitutes or may be construed as an offer or solicitation to engage in investment activities and related services to anyone in any jurisdiction.

You agree that all credit assessments, descriptions and other financial data made available on the Site is compiled from third-party sources and where possible, all such data has been verified by us as far as it is commercially possible. However, we provide no guarantee that such information is complete or accurate nor do we make any representation that such information is complete or accurate.
 

Disclaimer of Warranties

This Site is provided with no express or implied warranties of any nature. Krossbo, our employees, directors, agents and any third-party service provider shall not provide any warranty as to the accuracy, completeness or reliability of any information provided on the Site. We do not warrant that any of the Services provided on the Site are fit for your particular purpose and we hereby exclude and disclaim any express or implied warranties in relation to all information and Services provided on this Site, save for those warranties which cannot be excluded under the applicable law.

We do not guarantee the availability of the Site, due to the nature of the internet. We do not warrant that the Site or any part of the Site shall be available or disrupted or error free at any times or that the Site will be free of viruses or other harmful components. We exclude all liability for any loss, damage, expense, costs, delays, loss of business profits, financial losses and all other loss or damage whatsoever that you may incur as a result of the Site or part of the Site being unavailable at any time for any reason.

We shall not be liable if communications sent via the Site on public telecommunications networks are intercepted by third parties, delayed or delivered incorrectly.
 

Eligibility and Registration

To access this Site, you must be at least twenty-one (21) years old based on the Gregorian calendar and represent and warrant that you have full legal capacity to access this Site. You acknowledge that you will be required to register either as a user and that we reserve the right to reject your application for registration, acting in our sole discretion. You must follow the sign-up process in order to become a user, as the case may be, in addition to creating a unique username or password for access and to respond to all and any security questions that we shall ask you in this regard.

When registering to become a user, you will be required to submit detailed information about yourself or the business that you represent. We have the right to request further documents from you acting in our sole discretion in order to fulfill any know your customer (KYC) requirements under applicable law.

You warrant and represent that all information to be provided by you above is complete, correct and true in all respects.
 

Security

For certain parts of the Site that require a username or password for login, you agree not to obtain or attempt to obtain unauthorized access to such parts of the Site or to obtain or attempt to obtain authorized access to other protected materials and information.

Every time you log into Krossbo, you will need to enter your email address and password and to provide responses to one or more than one security questions. Your username and password are unique to you and should not be shared with any third-party. You must maintain the confidentiality of your username and password, and you are obliged to notify us immediately if you become aware of any loss, disclosure or unauthorized use of the same. You are not permitted to sell or transfer your username to any third-party. If you authorize an employee, director, officer or agent to use your login details, you are responsible and liable for all their activity on the Site. We shall have the right not to permit access or otherwise act on your instructions where we suspect that the person logged onto your account is not you or a person authorized by you or where you suspect unauthorized use or activity or illegal or fraudulent activity.

A link from this Site to another website shall not mean that we endorse or approve in any way that website, the contents of that website or the operator of that website. You acknowledge that we do not have any control over the contents of such website and have no responsibility or liability for any loss or damage that may arise from your use of that website. This applies even if you gain access from the Site through hypertext or other computer links to such websites. Any such hypertext or other computer links are for your information and convenience only. The display of any hypertext or other computer links to any third-party website does not mean that we endorse that third-party’s website, services or products. Your use of a thirdparty website may be governed by the specific terms and conditions of that third-party website.

You are not permitted to create a link to any part of our Site on another website. We reserve the right to withdraw linking permission without notice.

We exclude all responsibility and liability for your use of or inability to use third-party software or other materials on the Site and exclude all liability to any person or entity for their use of or inability to use thirdparty software or other materials on the Site.
 

Availability of the Site

Access to the Site is provided on an “as is” and “as available” basis only.

We are permitted to limit the availability of the Site to any person or to any location as we see fit acting in our sole discretion.

For legal, regulatory, commercial, security, technical or maintenance reasons, we may limit or withdraw your access to the Site acting in our sole discretion, at any time and without notice to you.
 

Restrictions on Use of Site

You agree to comply with all national and international laws and regulations applicable to your use of the Site and shall not use the Site for any unlawful purpose whatsoever.

Your use of the Site in violation of this Section 7 (Restrictions on Use of Site) or these Terms of Use may result in suspension or termination of your right to use the Site and we are permitted, acting in our sole discretion, to report any such breach to the relevant authorities and disclose your identity and other information requested by the relevant authorities.

You agree that you shall not:

  • Use the Site in any manner that could damage our servers;
  • Use the Site in any manner that contravenes applicable laws;
  • Copy or extract any information, data or content that is contained in the Site without our prior written approval;
  • Create, upload to or publish or make available through the Site any content that is false, misleading, fraudulent or which is threatening, inflammatory or unlawful;
  • Attempt to gain unauthorized access to the Site or any server, database or computer connected to the Site; or
  • Copy, reproduce, alter, modify or publish any content from the Site without our prior written permission.

 

Your obligations

You shall carry out the following:

  • Only use the Site and the Krossbo Platform for their intended purposes and in accordance with these Terms of Use;
  • Provide us with accurate information as may be requested from you or as you are obliged to provide and to ensure
    that all information is up to date;
  • Be responsible for your own virus protection software; and
  • Comply with all requirements under applicable law in relation to the Site and the Krossbo Platform.

You shall not carry out the following:

  • Copy, modify, reproduce, transmit, alter or distribute all or part of the Site or any material or information contained in it;
  • Disguise or interfere with the IP address of the computer you are using to access the Site or take any steps to prevent us from correctly identifying the actual IP address of your computer while accessing the Site or the Krossbo Platform;
  • Gain unauthorized access or assist others in gaining unauthorized access to the Site or to the Krossbo Platform;
  • Use the Site and/or Krossbo Platform for any purpose that is unlawful under applicable law, including any fraudulent use; or
  • Use the Site and/or Krossbo Platform in any manner that adversely affects or disrupts their operations or causes them to fail.

 

Conflicts of Interest

You acknowledge that we, our affiliates, our officers, directors, employees, agents or any other person connected with us in any manner may have a material interest or a material relationship to any transaction that you may enter into on the Site and which could potentially give rise to a conflict of interest. It is agreed that we are under no obligation to disclose such conflict of interest to you or account for any material relationship in any transaction, unless we are expressly required to do so under applicable law. However, all services that we shall provide on this Site shall be independent and without bias or influence and shall have no regard to any such material interest or material relationship.
 

Exclusion of Liability and Indemnity

You will use this Site at your own risk. Neither we nor our affiliates, officers, directors, employees, agents or any other person connected with us in any manner shall be liable to you or any third-party for:

  • Delay or interruption in service on the Site, irrespective of how this is caused, and for any damages caused as a result;
  • Any action or decision taken by you or not taken by you in reliance on the Site or any of its contents;
  • Any direct, indirect, incidental, consequential, special, punitive, speculative or other damages;
  • Losses or damages caused from use of the Site or its contents;
  • Losses, damages, liabilities, claims or expenses, including legal costs, whether direct, indirect, actual, consequential, indirect or speculative arising out from your use of the Site or its contents in any matter however caused; or
  • Any loss or damages from any cause over which Krossbo does not have any control, whether directly or indirectly.
  • All exclusions of liability as set out in these Terms of Use shall apply to the extent permitted under applicable law.

You agree to fully indemnify us in respect of any and all liabilities whatsoever incurred by us for any loss, damage or expense caused or suffered by us, our affiliates, officers, directors, employees or agents as a result of your breach of these Terms of Use or your use of the Site in an inappropriate manner.
 

Intellectual Property

This Site and its content are our property or the property of our licensors, as applicable, and are protected by copyright, trademark, patent and other applicable laws.

You are permitted to download and print content from this Site (i) solely for your personal use, (ii) solely for the use in the course of business or (iii) solely to the extent necessary to use any of the services on this Site. Site content may not be copied, reproduced, modified, redistributed, used or otherwise dealt with in any of the above methods in the absence of our express written approval.

You are not permitted to reproduce, store, modify, adapt, upload, frame, perform in public or transmit in any form whatsoever any part of this Site, in the absence of our express written approval.

We own all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights existing in or in relation to the Site and Krossbo. If and to the extent that any such intellectual property rights vest in you by operation of law or otherwise, you agree to do all acts and to sign all documents, now or in the future, as we may reasonably request in order to assign such intellectual property rights back to us as the rightful owner. You shall retain ownership of all copyright in data that you upload or submit to the Site and grant us a worldwide, perpetual, exclusive, royalty free, non-terminable license to use, copy, distribute, publish and transmit such data in any manner.
 

Confidentiality

You shall not at any time divulge or communicate any Confidential Information to any person except to (i) professional advisors or representatives or (ii) as may be required by law or (iii) to any legal or regulatory authority. You shall use best endeavors to prevent unauthorized or disclosure of any Confidential Information and shall only use such Confidential Information for the purposes of reviewing, proposing, considering or entering into transactions through Krossbo.

Confidential Information shall include all information in whatever form, whether in visual, oral or electronic form relating to Krossbo, any user, any business, any individual or any company that was previously a user which is provided or disclosed through Krossbo or to its employees or agents in connection with the use of Krossbo.
 

Termination

We have the right to terminate your log-in details and/or your access to the Site for any reason or no reason at any time, with or without notice to you and without incurring any liability to you or to any third-party as a result of such termination.

However, all (i) disclaimers, (ii) restrictions, (iii) exclusions of liability and (iv) limitations of liability as stated in these Terms of Use and on the Site shall survive any termination. On termination or suspension, you must not directly or indirectly use or access the Site.
 

Privacy and Cookies

All personal information you provide via this Site or the Krossbo Platform may be collected, stored, processed and used in accordance with our Privacy Policy.

These Terms of Use should be read alongside in addition to the Privacy Policy and you confirm that you have read the Privacy Policy and agree to be bound by it. If you do not agree with the Privacy Policy or do not agree to be bound by the Privacy Policy, you must stop using the Site immediately.

When you use this Site, we may collect information about your computer such as your IP address, operating system and browser type and your use of the Site for the purposes of service improvement and marketplace administration.
 

Miscellaneous Terms

We are permitted to perform any of our obligations or services through third-party service providers and we may novate or assign any of our rights and obligations under these Terms of Use to a third-party, acting in our sole discretion.

No partial exercise or failure or delay in exercising any right or remedy by us shall constitute a waiver by us of our remaining rights and remedies under these Terms of Use.

If any clause of these Terms of Use is found to be invalid or void, it shall be severed from the remainder of these Terms of Use which shall not be affected.

If any provision of these Terms of Use is found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder of the Terms of Use shall continue in full force and effect.

All disclaimers, restrictions, exclusions of liability and limitations of liability as stated in these Terms of Use shall survive termination of the Terms of Use for whatever reason and shall continue to apply for any period during which the Site is not available to you or for your use for any reason whatsoever.

These Terms of Use and any non-contractual obligations arising out of or in connection with them shall be governed by the laws of the Kingdom of Saudi Arabia and shall be subject to the exclusive jurisdiction of the competent Saudi Arabian courts.

If you have any questions in relation to the Site or these Terms of Use, please contact us at investments@krossbo.com.

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No communication by Krossbo Investments Limited or any of its affiliates (collectively, “Krossbo”), through this website, the investment platform or any other medium, should be construed or is intended to be a recommendation to purchase, sell or hold any security or otherwise to be investment, tax, financial, accounting, legal, regulatory or compliance advice. Nothing on this website and the investment platform is intended as an offer to purchase or sell securities or a solicitation or recommendation of any securities transaction.

Any financial projections or returns shown on the website and the investment platform are estimated predictions of performance only, are hypothetical, are not based on actual investment results and are not guarantees of future results. Estimated projections do not represent or guarantee the actual results of any transaction, and no representation is made that any transaction will, or is likely to, achieve results or profits similar to those shown. In addition, other financial metrics and calculations shown on the website and the investment platform have not been independently verified or audited and may differ from the actual financial metrics and calculations for any investment, which are contained in the investors’ portfolios. Any investment information contained herein has been secured from sources that Krossbo believes are reliable, but we make no representations or warranties as to the accuracy of such information and accept no liability therefor.

Private placement investments are NOT bank deposits (and thus NOT insured or guaranteed by any federal governmental agency), are NOT guaranteed by Krossbo or any other party, and MAY lose value. No governmental or regulatory authority has recommended or approved any investment or the accuracy or completeness of any of the information or materials provided by or through the website and the investment platform. Investors must be able to afford the loss of their entire investment. Investments in private placements are speculative and involve a high degree of risk and those investors who cannot afford to lose their entire investment should not invest. Additionally, investors may receive illiquid and/or restricted securities that may be subject to holding period requirements and/or liquidity concerns. Investments in private placements are highly illiquid and those investors who cannot hold an investment for the long term (at least 5-7 years) should not invest.

Investing in securities (the "Securities") listed on Krossbo pose risks, including but not limited to credit risk, interest rate risk, and the risk of losing some or all of the money you invest. Before investing you should: (1) conduct your own investigation and analysis; (2) carefully consider the investment and all related charges, expenses, uncertainties and risks, including all uncertainties and risks described in offering materials; and (3) consult with your own investment, tax, financial and legal advisors. Such Securities are only suitable for accredited investors who understand and willing and able to accept the high risks associated with private investments.

Investing in private placements requires long-term commitments, the ability to afford to lose the entire investment, and low liquidity needs. This website and the investment platform provide preliminary and general information about the Securities and is intended for initial reference purposes only. This website and the investment platform do not summarize or compile all applicable information. This website and the investment platform do not constitute an offer to sell or buy any securities. No offer or sale of any Securities will occur without the delivery of confidential offering materials and related documents. This information contained herein is qualified by and subject to more detailed information in the applicable offering materials. Krossbo is not registered as a broker-dealer. Krossbo does not make any representation or warranty to any prospective investor regarding the legality of an investment in any Krossbo Securities on this website and the investment platform.

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