By using our Services and Platform, you acknowledge and agree to our Terms & Conditions, Privacy Policy, Risk Disclaimer, Sustainable Finance and Investor Accreditation terms and statements. Your continued use of our Services and Platform after we revise these Terms means you accept any changes we make, please check back periodically this page for updates.
The following terms and conditions (the “Terms of Service” or “Agreement”) constitute an agreement between you, whether as a casual visitor, a registered user or a signed client (“User”, “you”, “your”) and KAPITAL Luxembourg Sàrl and its affiliates, successors and assigns (“KAPITAL.inc”, "KAPITAL", "HackGroup", “us”, “our” or ‘we”), the owner and operator of the www.kapital.inc website (collectively, the “Site”) and all content and features contained therein, as well as email notifications or any related applications provided by us (collectively, the “Services”), regarding your use of KAPITAL.inc Site and/or Services. BY ACCESSING THE SITE, UTILIZING ANY OF THE SERVICES AND/OR REGISTERING WITH US, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE INCLUDING OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE.
Modifications to the Terms of Service
KAPITAL.inc, in its sole and absolute discretion, may make changes or modifications to the Site or to this Agreement (including any policies or agreements which are incorporated by reference herein) at any time and without prior notice to you, and such changes or modifications shall be effective immediately upon posting to this Site. You acknowledge and agree that (i) KAPITAL.inc may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. In addition, we may occasionally notify you of upcoming changes or modifications to this Agreement by email. We, therefore, recommend that you keep your account information including, but not limited to, your email address, current.
The terms and conditions set out hereunder are subject to the laws of the Grand Duchy of Luxembourg and the exclusive jurisdiction of the Tribunal d’Arrondissement of Luxembourg City.
Eligibility; Registration
This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services found at this Site, you represent and warrant that you are at least eighteen (18) years of age.If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your User information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers. You may be asked to register in order to use certain Services including, but not limited to newsletter and or any other activities part of the HackGroup. You agree to provide accurate, current and complete information about yourself as requested or directed on the Services and to promptly update this information to maintain its accuracy. KAPITAL.inc has the right to suspend or terminate your registration and to refuse any and all current or future use of the Services if it suspects that such information is inaccurate or incomplete.
Risk warning
Investing in startups and early stage businesses involves risks, including illiquidity, lack of dividends, loss of investment and dilution (see general disclaimer hereunder). The content of this website is intended for experienced investors, with sufficient experience and knowledge to understand the processes and risks involved. If you feel that you are not in a position to assess your expertise, please refrain from proceeding. In no case shall KAPITAL.inc be responsible for any damages, direct or indirect, in any way whatsoever, including damages related to investment.
General Disclaimer
Through this website, KAPITAL.inc does not provide any investment, legal, accounting, or tax advice, but provides business consulting and other management advice; and develops and operates this website.
KAPITAL provides business consulting and coordination services. When structuring an investment with KAPITAL, we may provide access to the following regulated services either through one of our sister entities or via one of our trusted partner :
- Investment Structuring and Issuance.
- Accounting, Administration and NAV Calculation.
- Banking Services, Paying & Settlement Agency,
Clearing and Depository Services. - AIFM and Financial Advisory Services.
- Corporate Governance and Proxy Services.
- Marketing and Distribution.
External providers are always identified as Agents taking part in a Transaction, and clearly communicated to our clients and their investors.
Please note that the investment schemes mentioned on this website are not subject to the supervision of the CSSF, European Regulators or the FINMA,, may not be distributed to non-qualified investors, and that investors, therefore, do not benefit from the protection offered by the Regulators. The information provided should not be considered as suitable for the personal situation of each investor and the investments schemes, securities, or services offered are not necessarily adapted, suitable and individualized to each investor. KAPITAL.inc provides its services as an access facilitator to Startups currently fundraising in the field of impact investment and summarise investment notes from external qualified and Professional Investors within its network. When using the services, you acknowledge and accept the terms and conditions as well as the privacy policy of KAPITAL.inc. We does not provide any warranty for the investment notes from external qualified Investors within its network and assumes no liability in this regard. As a subscriber of KAPITAL.inc's investors services, you commit to ensuring that no breach of any laws, regulations, code of practice or guidelines applicable to them, occurs in connection with your investment activities. Prior to any investment sought independent legal, tax or regulatory advice in relation to those jurisdictions it considers appropriate, as KAPITAL.inc services do not include legal, tax or regulatory advice. In this regards and to the extent permitted by law, KAPITAL.inc cannot be held liable for any loss or damage whatsoever.The information on and the materials accessible through this website and any third-party platform KAPITAL.inc might be using in the performance of its services should not be considered by visitors as an alternative for the exercise of their own judgment, a careful analysis is necessary, and it is recommended to potential investors, before making any investment decision, to always consult a qualified professional advisor to obtain appropriate advises, in particular financial, legal, accounting or tax.
Acknowledgement
Your use of the Site and the Services including any content you submit will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations. You will not impersonate another User, or collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent. You will not use this Site or the Services in a manner (as determined by KAPITAL.inc in its sole and absolute discretion): that is illegal, infringing, defamatory, harassing, abusive; that violates the privacy or publicity rights of another User or any other third party, or that is otherwise objectionable. You will not use this Site or the Services for hate speech, hate crimes or violence. You will not use this Site or the Services: to send spam or other unsolicited bulk email; for computer or network hacking or cracking; or to transmit any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality or security of the Site or the Services. You will not copy or distribute in any medium any part of the Site or the Services, except where expressly authorized by KAPITAL.inc. You will not access KAPITAL.inc Content or User Content (as those terms are defined below) through any technology or means other than through this Site itself, or as KAPITAL.inc may designate. You will not use this Site or the Services found at this Site and its associated Sites for any commercial use without KAPITAL.inc express prior written consent. KAPITAL.inc reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site at any time.
Intellectual Property
The content on this Site and the Services found at this Site, including without limitation the text (such as the articles found on our general site (www.kapital.inc) and our proprietary app (www.app.kapital.inc), software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“KAPITAL.inc Content”), are owned by or licensed to KAPITAL.inc in perpetuity, and are subject to copyright, trademark, and/or patent protection in Switzerland, Europe and foreign countries, and other intellectual property rights under Switzerland and foreign laws. KAPITAL.inc Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of KAPITAL.inc. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. KAPITAL.inc reserves all rights not expressly granted in and to KAPITAL.inc Content, this Site and the Services found at this Site, and this Agreement does not transfer ownership of any of these rights.The Site and the Services have been specially designed to present KAPITAL.inc Content in a unique format and appearance. We are concerned about the integrity of KAPITAL.inc Content when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our content. Neither you nor any third party shall make use of KAPITAL.inc Content in any manner that constitutes an infringement of our rights, including copyright, or that has not been authorized by us.
Our Use of User Content
Some of the features of this Site or the Services found at this Site may allow Users to view, post, publish or share content, opinions, preferences or feedback (“User Content”). By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to KAPITAL.inc that: (i) you have all necessary rights to distribute User Content, either because you are the sole author and owner of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content; and (ii) you do not violate the rights of any third party. You shall be solely responsible for any and all of your User Content and the consequences of, and requirements for, distributing it. KAPITAL.inc has no obligation, either express or implied, to treat your User Content as confidential, to develop or use your User Content and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Content. You acknowledge and agree that KAPITAL.inc may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.If you post or publish your User Content to this Site, you authorize KAPITAL.inc to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. Accordingly, you hereby grant KAPITAL.inc a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site and KAPITAL.inc's business, including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that KAPITAL.inc may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted unless you expressly request full removal of your User Content.
Our Monitoring of User Content
KAPITAL.inc reserves the right, but has no obligation, to pre-screen User Content and decide whether any item of User Content is appropriate and/or complies with this Agreement. KAPITAL.inc may remove any item of User Content and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by KAPITAL.inc in its sole and absolute discretion), at any time and without prior notice. If KAPITAL.inc terminates your access to this Site or the Services found at this Site, KAPITAL.inc may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
Copyright Infringement
KAPITAL has adopted the following general policy toward copyright infringement in accordance with the European Copyright Directive ("EUCD"). It is KAPITAL's policy to (a) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers or Users; and (b) remove and discontinue service to repeat offenders. Written Notification. KAPITAL will respond to notices of alleged infringement regarding third-party material sent pursuant to and in accordance with the EUCD, which may include KAPITAL removing or disabling access to Third Party material claimed to be the subject of infringement or other activity. Written notification must be submitted to the Designated Agent at the address identified in Address for Notice section below. All notices sent to KAPITAL regarding matters other than informing KAPITAL that a party’s copyrighted material may have been infringed as a result of third party materials will not receive a response through this process. In order to be effective, your infringement notification must include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single web site are covered by a single notification, a representative list of such works at that web site;
Identification of the material (i.e., the third party materials) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit KAPITAL to locate the material;
Information reasonably sufficient to permit KAPITAL to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement, as follows: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and A statement, as follows: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Upon receipt of a valid written notification containing the information as outlined above, KAPITAL shall, (1) remove or disable access to the Third Party Content that is alleged to be infringing; (2) forward the written notification to the alleged infringer (the “Subscriber”); (3) take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the Third Party Content.
Counter Notification: To be effective, a Counter Notification must be a written communication provided to KAPITAL's Designated Agent that includes substantially the following:
A physical or electronic signature of the Subscriber;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement, as follows: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”;
and The Subscriber’s name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the Subscriber’s address is located, or if the Subscriber’s address is outside of Switzerland or the European Union, for any judicial district in which KAPITAL.inc may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a valid Counter Notification containing the information as outlined above, the EUCD provides that the removed material will be restored or access re-enabled and KAPITAL will comply with this requirement within a reasonable time (or as otherwise required by law), provided KAPITAL's Designated Agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on KAPITAL's network or system.
Links to Third-Party Websites
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by KAPITAL.inc. These links are provided solely as a convenience to you and do not constitute an endorsement by KAPITAL.inc of the content on such websites nor of the business practices of those operating those websites. KAPITAL.inc has no control over and assumes no responsibility for the content, terms, and conditions, privacy policies, or practices of any third-party websites. In addition, KAPITAL.inc does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release KAPITAL.inc from any and all liability arising from your use of any third-party website. Accordingly, KAPITAL.inc encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
Indemnity
To the maximum extent permitted by law, you agree to indemnify and hold harmless KAPITAL.inc, its and affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors, from and against all claims, demands, disputes, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or in relation to these Terms or your use of the Services. KAPITAL.inc reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Paid Services
Billing Policies: Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the Pricing and Payment Terms, as we may update them from time to time.
KAPITAL.inc may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in the Pricing and Payment Terms.
KAPITAL Luxembourg Sàrl provides business consulting and coordination services. We may provide access to the following regulated services either through one of our sister entities or via one of our trusted partner :
- Investment Structuring and Issuance.
- Accounting, Administration and NAV Calculation.
- Banking Services, Paying & Settlement Agency,
Clearing and Depository Services. - AIFM and Financial Advisory Services.
- Corporate Governance and Proxy Services.
- Marketing and Distribution.
External providers are identified as Agents taking part in a Transaction, and clearly communicated to our users. As part of a Transaction, we will assess the necessary requirements and provide a third-party provider to handle regulated activities on behalf of our clients. When required, a list of potential providers are provided to our clients and the selected Agents are formally appointed in the Transaction Documentation.
We select providers based on their professionalism, understanding of our client's needs and industries, speed of customer support and ability to execute in a highly regulated environment. KAPITAL primarily work with third party providers in Switzerland, Luxembourg or other European Jurisdictions.
Payment Information; Taxes.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
No Professional Advice
If the Service provides professional information (for example, financial, legal or medical), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
Disclaimer of Warranties and Limitation of Liability
Your access to and use of these Services is at your sole risk. If you are dissatisfied with any of the materials contained on the Site or in the Services, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site and/or Services. THE SERVICES ARE AVAILABLE “AS IS.” KAPITAL.inc DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICES. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SERVICES. WE DO NOT PROVIDE OR AUTHORIZE THE PROVISION OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL ADVICE THROUGH THE SERVICES, AND SO WE DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL INFORMATION THAT IS CONTAINED WITHIN THE SERVICES; RATHER THAN RELYING ON THIS INFORMATION, YOU SHOULD SEEK ADVICE FROM A QUALIFIED PROFESSIONAL. WE DO NOT MAKE ANY REPRESENTATIONS REGARDING, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED, OR DISTRIBUTED IN THE SERVICES OR AVAILABLE THROUGH LINKS IN THE SERVICES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER DESTRUCTIVE MATERIALS TO THE SERVICES, WE DO NOT GUARANTEE OR WARRANT THAT THE SERVICES OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SERVICES DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK.
KAPITAL.inc, its affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business, or loss of data, in any way related to the Services or for any claim, loss, or injury based on errors, omissions, interruptions, or other inaccuracies in the Services (including without limitation as a result of breach of any warranty or other term provided in these Terms). Any claim against us shall be limited to the amount you paid, if any, for use of the Services.
Arbitration
Except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction, in the Grand Duchy of Luxembourg and the exclusive jurisdiction of the Tribunal d’Arrondissement of Luxembourg City. You hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) waive the right to trial by jury in any such action or proceeding that takes place relating to or arising out of this Agreement, all disputes arising out of or related to this Agreement, including the scope, the construction or application of this Agreement, shall be resolved by arbitration in accordance with the Laws of the Grand Duchy of Luxembourg. Any controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party, unless agreed to by KAPITAL.inc at its sole discretion. The arbitration hearings and all meetings pursuant to this section shall be held in Luxembourg.
Recordings
By accessing our Platform and Services, You understand and agree that KAPITAL, may record telephone and electronic dealings and that the KAPITAL may use such recordings for the purpose of quality control, dispute resolution and compliance monitoring. Any recording or electronic dealings are stored by KAPITAL in compliance with the European General Data Protection Regulation (GDPR). You can request access to a copy the Datas and recordings we may store at any time, to learn more please view our Data & Privacy Policy.
Miscellaneous
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg without regard to conflict of laws principles. The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
Contact Information
If you have any questions about our Terms & Conditions, please contact us via email camille.bossel@kapital.inc
This website is developed and operated by :
KAPITAL Luxembourg Sàrl, 2 Rue Plaetis, L-2338 Luxembourg
Autorisation d'établissement N° 10171279 / 0
Financial Advisory Services are provided by :
HackVentures Sàrl, Av. Gratta-Paille 2, 1018 Lausanne, Vaud, Switzerland.
HackVentures Sàrl is registered with the Swiss Client Advisor Register of BX Swiss and registered with the Ombudsman services of Terraxis in Switzerland
KAPITAL is a registered trademark of the HackGroup SA
