Terms and Conditions of Use

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Terms and Conditions of Use

Last Updated: December 23rd, 2025

1. Overview

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

These Terms and Conditions of Use (“Terms”) constitute a binding agreement governing your access to and use of the websites of .168 Capital and its subsidiaries and affiliates (“.168 Capital,” “we,” “us,” or “our”), including 168.capital and any related domains, subdomains, or pages that redirect to or form part of this online platform (collectively, the “Sites”).

By accessing or using the Sites, you acknowledge that you have read, understood, and agree to be bound by these Terms without limitation or qualification. If you do not agree to these Terms, you must not use the Sites.

Our Privacy Policy forms part of these Terms and is incorporated by reference.

.168 Capital reserves the right, in its sole discretion, to amend these Terms at any time without prior notice. Revised Terms are effective upon posting. Continued use of the Sites constitutes acceptance of the revised Terms. If you do not accept the updated Terms, discontinue use of the Sites.

Nothing in these Terms modifies any written agreement you may have with .168 Capital. If a conflict arises between these Terms and a separate written agreement, the terms of the written agreement shall prevail. Additional terms may apply to password-restricted areas of the Sites.

.168 Capital does not treat users of the Sites as clients solely by virtue of accessing the Sites.

2. Disclaimer and Limitation of Liability

Nothing on the Sites constitutes investment, legal, regulatory, accounting, or tax advice. Nothing on the Sites constitutes a solicitation, offer, or recommendation by .168 Capital or its affiliates to buy or sell securities, financial instruments, interests in investment vehicles, or to adopt any investment strategy.

All information on the Sites is provided for informational purposes only, is general in nature, and does not take into account individual circumstances. The information is not a personalized or general investment recommendation.

You remain solely responsible for evaluating the information provided and for any decisions made based upon such information. By accessing the Sites, you agree to hold .168 Capital and its officers, directors, managers, employees, affiliates, and agents harmless from any claims or damages arising from your decisions.

The Sites and all materials are provided “as is” and “as available” without warranties of any kind, express or implied. .168 Capital does not warrant uninterrupted operation, error-free content, data accuracy, security, timeliness, or completeness.

To the fullest extent permissible under applicable law, .168 Capital disclaims all warranties, including implied warranties of merchantability, non-infringement, and fitness for a particular purpose.

To the fullest extent permitted by law, .168 Capital shall not be liable for any damages arising out of or relating to your use or inability to use the Sites, including but not limited to:

• indirect, special, incidental, or consequential damages
• lost profits or business interruption
• lost data
• errors, omissions, or reliance on information

Even if advised of the possibility of such damages.

If liability cannot be excluded, the aggregate liability of .168 Capital shall not exceed the amount paid by you, if any, for access to the Sites.

3. Restrictions on Use

You are granted a limited, revocable, non-exclusive, non-transferable, personal license to access and use the Sites for informational purposes only, subject to compliance with these Terms.

You may not:

• copy, modify, distribute, publish, or create derivative works of any Site content
• publicly display or perform Site content
• use the Sites for commercial exploitation
• reverse engineer or attempt to extract Site source code
• engage in data mining, scraping, or automated access
• overload, disrupt, or interfere with Site functionality
• impersonate any person or entity
• create unauthorized user accounts
• misuse trademarks or intellectual property of .168 Capital
• violate applicable laws or encourage others to do so

Any unauthorized use terminates your license automatically.

All Site content—including text, images, graphics, videos, logos, trademarks, service marks, and other intellectual property—is owned or licensed by .168 Capital. No rights are granted except those expressly provided.

4. Jurisdictional Limitations

Unless expressly stated otherwise, the Sites are intended for residents of jurisdictions where .168 Capital’s materials and tools may be lawfully provided.

.168 Capital makes no representation that Site content is appropriate or legal for use in all jurisdictions. Users access the Sites on their own initiative and are responsible for compliance with applicable local laws.

The information on the Sites is not intended for distribution to any person or entity where such distribution would be contrary to law or would subject .168 Capital to additional registration or regulatory obligations.

Export controls and U.S. sanctions laws may apply. Users agree not to export any materials in violation of applicable law.

5. Communications and User Submissions

Electronic communications may be intercepted and are not guaranteed secure.

By submitting any content, feedback, data, ideas, suggestions, or other materials (“User Materials”) to .168 Capital, you grant .168 Capital a perpetual, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, modify, publish, display, and create derivative works thereof.

You confirm that:

• you own or have rights to the User Materials
• User Materials are non-confidential and non-proprietary
• .168 Capital may use User Materials without compensation or obligation

Do not submit confidential, proprietary, regulated, or sensitive information through the Sites.

6. Password-Protected Areas

If you are provided with login credentials, you are responsible for maintaining their confidentiality and for all activity under your account.

You agree to:

• provide accurate registration information
• update information when changes occur
• notify .168 Capital immediately of unauthorized access

.168 Capital is not liable for losses arising from unauthorized use of your credentials.

We may suspend, revoke, or terminate access at our discretion.

7. Links to Third-Party Sites

The Sites may contain links to external websites. .168 Capital does not review, endorse, guarantee, or control such websites and is not responsible for their content or any damages arising from access to them.

Linking to the Sites without .168 Capital’s prior written consent is prohibited.

8. Waiver

No failure or delay by .168 Capital in exercising any right under these Terms constitutes a waiver of that right or any other.

9. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of New York, without regard to conflicts-of-law principles.

Any dispute arising from or relating to these Terms or your use of the Sites shall be brought exclusively in the state or federal courts located in New York County, New York, and you consent to personal jurisdiction therein.

10. Business Continuity Statement

.168 Capital maintains a Business Continuity Plan (“BCP”) designed to minimize operational disruption and restore critical services in the event of significant incidents, including natural disasters, system failures, or external events.

The BCP includes:

• preservation of life and safety
• protection of infrastructure and data
• crisis assessment and management
• continued delivery of essential functions
• internal and external communications protocols

No BCP can eliminate all risks, and disruptions may exceed anticipated scenarios. .168 Capital updates the BCP periodically as conditions, technologies, and risks evolve.

11. Miscellaneous

If any provision of these Terms is found unenforceable, the remaining provisions remain in effect.

These Terms, together with the Privacy Policy and other posted policies, constitute the entire agreement between you and .168 Capital regarding Site use.

.168 Capital may assign its rights and obligations under these Terms in connection with a reorganization, acquisition, or similar corporate event.

No course of dealing or industry practice modifies these Terms.