Terms of Service
Effective Date: [Date to be inserted]
1. INTRODUCTION AND ACCEPTANCE
Welcome to Nexfund. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Nexfund Limited ("Nexfund", "Company", "we", "us", or "our") governing your access to and use of our investment platform, website, mobile applications, and related services (collectively, the "Platform" or "Services"). By accessing or using our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.
2. ELIGIBILITY AND ACCOUNT REGISTRATION
2.1 User Eligibility
To use our Services, you must:
Be at least 18 years of age
Have the legal capacity to enter into binding agreements
Not be prohibited from using our Services under applicable laws
Comply with all applicable local, state, national, and international laws and regulations
2.2 Account Registration
You must create an account to access certain features of our Platform
You agree to provide accurate, complete, and current information during registration
You are responsible for maintaining the confidentiality of your account credentials
You must notify us immediately of any unauthorized use of your account
You may not share your account with others or allow others to access your account
2.3 Account Verification
We may require additional documentation and verification to comply with regulatory requirements, including but not limited to:
Identity verification (KYC)
Address verification
Financial suitability assessments
Anti-money laundering (AML) checks
3. SERVICES PROVIDED
3.1 Investment Platform Services
We provide a platform that connects investors with vetted investment opportunities. Our services include:
Access to curated investment opportunities
Due diligence materials and documentation
Portfolio management tools
Investment tracking and reporting
Educational resources and market insights
3.2 No Investment Advice
IMPORTANT: Nexfund does not provide investment advice, recommendations, or endorsements. All investment decisions are made solely by you based on your own analysis and judgment. We encourage you to consult with qualified financial advisors before making any investment decisions.
3.3 Third-Party Services
Our Platform may integrate with or provide access to third-party services. Your use of such services is subject to their respective terms and conditions.
4. INVESTMENT RISKS AND DISCLAIMERS
4.1 Risk Acknowledgment
You acknowledge and understand that:
All investments carry significant risk of loss, including total loss of capital
Past performance is not indicative of future results
Investment values may fluctuate and you may receive less than your original investment
Investments may be illiquid and difficult to sell
Early-stage and growth company investments are particularly risky
4.2 Suitability
You represent that:
You have sufficient knowledge and experience to evaluate investment risks
Any investments made are suitable for your financial situation and investment objectives
You can afford to lose your entire investment
You understand the illiquid nature of private market investments
5. USER OBLIGATIONS AND PROHIBITED CONDUCT
5.1 Compliance with Laws
You agree to comply with all applicable laws, regulations, and these Terms when using our Services.
5.2 Prohibited Activities
You may not:
Use the Platform for any unlawful purpose or in violation of these Terms
Provide false, misleading, or inaccurate information
Attempt to gain unauthorized access to our systems or other users' accounts
Interfere with or disrupt the Platform's operation
Copy, reproduce, or distribute Platform content without permission
Use automated systems to access the Platform without our consent
Engage in money laundering, terrorist financing, or other illegal activities
5.3 Content and Communications
You are responsible for all content you submit to the Platform
You grant us a license to use, display, and distribute your content as necessary to provide our Services
You may not post content that is illegal, offensive, or infringes on others' rights
6. FEES AND PAYMENTS
6.1 Service Fees
We may charge fees for our Services as disclosed on the Platform. Fees may include:
Platform access fees
Transaction fees
Management fees
Performance fees
6.2 Payment Terms
All fees are due when incurred unless otherwise specified
You authorize us to charge your designated payment method
You are responsible for all taxes related to your use of our Services
7. INTELLECTUAL PROPERTY
7.1 Our Rights
The Platform and its content, including but not limited to software, text, graphics, logos, and trademarks, are owned by Nexfund or our licensors and are protected by intellectual property laws.
7.2 Limited License
We grant you a limited, non-exclusive, non-transferable license to access and use the Platform for its intended purposes, subject to these Terms.
8. PRIVACY AND DATA PROTECTION
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
9. DISCLAIMERS AND LIMITATION OF LIABILITY
9.1 Platform Disclaimer
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9.2 Investment Disclaimer
WE DO NOT GUARANTEE THE SUCCESS OF ANY INVESTMENT OR THE ACCURACY OF ANY INVESTMENT-RELATED INFORMATION. ALL INVESTMENT DECISIONS ARE MADE AT YOUR OWN RISK.
9.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXFUND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR INVESTMENT RETURNS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT OF FEES YOU HAVE PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.
10. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Nexfund and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:
Your use of the Platform
Your violation of these Terms
Your investment decisions
Your violation of any law or third-party rights
11. DISPUTE RESOLUTION
11.1 Governing Law
These Terms are governed by the laws of [Jurisdiction to be specified], without regard to conflict of law principles.
11.2 Dispute Resolution Process
Any disputes arising from these Terms or your use of our Services shall be resolved through:
Good faith negotiations
Mediation if negotiation fails
Binding arbitration if mediation fails
11.3 Arbitration
Any arbitration shall be conducted in accordance with the rules of [Arbitration body to be specified] and held in [Location to be specified].
12. TERMINATION
12.1 Termination by You
You may terminate your account at any time by providing written notice to us.
12.2 Termination by Us
We may terminate or suspend your account immediately if you:
Violate these Terms
Engage in fraudulent or illegal activities
Pose a risk to other users or our operations
12.3 Effect of Termination
Upon termination:
Your right to use the Platform ceases immediately
We may delete your account and data
Surviving provisions of these Terms remain in effect
13. GENERAL PROVISIONS
13.1 Amendments
We may modify these Terms at any time. Material changes will be communicated through the Platform or via email. Continued use constitutes acceptance of modified Terms.
13.2 Severability
If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
13.3 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Nexfund regarding the subject matter herein.
13.4 Assignment
You may not assign your rights under these Terms without our written consent. We may assign our rights and obligations without restriction.
14. REGULATORY COMPLIANCE
Nexfund operates under applicable financial services regulations and maintains necessary licenses and registrations. We are committed to compliance with:
Anti-money laundering (AML) requirements
Know-your-customer (KYC) regulations
Securities laws and regulations
Data protection and privacy laws
15. CONTACT INFORMATION
For questions about these Terms or our Services, please contact us at: Email: legal@nexfund.com Address: [Address to be updated] Phone: [Phone number to be updated] IMPORTANT INVESTMENT DISCLAIMER: Investments made through the Nexfund platform involve significant risk and may result in total loss of invested capital. Past performance is not indicative of future results. Please carefully review all offering documents and consult with qualified advisors before making any investment decisions. Last Updated: [Date to be inserted]