Terms of Use

Welcome to Kubera Capital!

Kubera Capital LLC (together with all companies owned by and in common ownership with Kubera Capital Limited, “Kubera Capital”, “we,” “us,” “our”) provides its Services (as defined herein) to you through its website located at https://kuberacap.com (the “Website”). The term “Website” shall include any modifications, enhancements, integrations or related applications thereto. The term “Services” shall include all content and associated services published or otherwise made available to you, via the Website or otherwise, under these Terms. The Services and the Website are collectively referred to as the “Site”.

Use of the Site

• These Terms of Use (as amended, supplemented or replaced from time to time, the “Terms”) govern your access to and use of the Site. By accessing or using the Site you agree to be bound by these Terms. If you do not accept these Terms then you must not access or use the Site.
• If you are accepting these Terms on behalf of an organization, you represent that you have the authority to bind such organization to these Terms, in which case “you” or “your” will refer to such organization. If you do not have such authority, or you do not agree with these Terms, you must not accept these Terms and may not use the Site.
• You agree to have these Terms and any related information made available to you, and to otherwise have communications between you and us occur, electronically. You also agree that any transactions through the Site shall be conducted electronically. You may also be subject to additional terms and conditions applicable to certain services, including the mobile application, which are incorporated by reference into these Terms.
• We have the right, in our sole discretion, to add to, remove, modify or otherwise change any part of these Terms, in whole or in part, at any time without notice to you. If we exercise this right such changes will be effective as of the date the changes to these Terms are posted to the Site, and the “Last Update” notice at the top of this document shall be amended to reflect the date of such changes. It is your responsibility to check these Terms each time you access the Site to determine whether any changes have been made. If any change to these Terms is not acceptable to you, you must discontinue your use of the Site immediately. Your continued use of the Site after any such changes are posted will constitute acceptance of those changes. These Terms apply exclusively to your use of the Site and do not alter the terms or conditions of any other agreement you may have with us.
• We may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of the Site, including: (a) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, the Site (including Third Party Services (as defined herein)); (b) removing, adding, modifying or otherwise changing any Fees (as defined herein) arising out of use of the Site or any features of the Site; and (c) removing, adding, modifying or otherwise changing any content on the Site. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Site at any time without notice.
• You must be 18 years of age or older and of at least the age of majority in the jurisdiction in which you reside as of the time you register a user account with us.

Indemnity

You agree to defend, indemnify and hold Kubera Capital and their officers, employees, directors and agents (collectively, “Indemnitees” ”) harmless from and against any and all claims (including third party claims) brought against Kubera Capital arising out of or in connection with your use of the Site, any User Data, your connection to the Site, your violation of these Terms or your violation of any rights of a third party (including intellectual property, privacy or other rights), and you shall pay any losses, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) finally awarded by a court or otherwise agreed to in settlement of such claim.

Jurisdiction

You agree that all matters relating to the access to, or use of, the Site shall be governed by the laws of the State of North Carolina and the federal laws of United States applicable therein, without reference to its conflict of laws principles, and that you will comply with all such applicable laws. Any dispute between us and you or any other person arising from, in connection with or relating to the Site, these Terms, any transaction through the Site or any related matters must be resolved before the Courts of the State of North Carolina, US sitting in the City of Raleigh, and you hereby irrevocably submit and attorney to the exclusive jurisdiction of those Courts in respect of any such dispute.

Termination of Use

• If you breach any provision of these Terms, then you may no longer use the Site. We, in our sole and arbitrary discretion, may determine whether these Terms have been violated. You agree that we may, in our sole and arbitrary discretion, terminate or suspend your account with or without notice to you.
• Upon termination or suspension of your account, regardless of the reasons therefore, your right to use the Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and/or bar any further access to such files or the Site. We will not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension. You agree that we may retain any information associated with your account (including information we collected in accordance with our Privacy Statement), for the period specified by applicable law.

General

• These Terms constitute the entire agreement between us and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between us or our affiliates and you with respect to this subject matter. Notwithstanding the foregoing, if you and Kubera Capital agree to a written agreement and such agreement expressly states that it supersedes particular language in these Terms, the provisions of such agreement will prevail. If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.
• No waiver of or consent to depart from the requirements of any provision of these Terms will be binding unless it is in writing and signed by Kubera Capital.
• The provisions of these Terms will enure to the benefit of and be binding upon you and Kubera Capital and its respective successors and assigns, and, if you are contracting as an individual, your heirs, executors, administrators and personal representatives. You may not assign these Terms or your rights and obligations under these Terms without our express prior written consent, which may be withheld in our sole discretion. We may assign these Terms and our respective rights and obligations under these Terms without your consent.

Notices

All notices to us shall be in writing and shall be made via email. Notices to us must be sent to the attention of our customer service representatives at arun@kuberacap.com. Notices to you may be sent, in our sole discretion, to the address or email address supplied by you and associated with your account

Language

The parties have required that this agreement and all documents relating thereto be drawn up in English.

Interpretation

In these Terms, (a) words importing the singular number only shall include the plural and vice versa and words importing the masculine gender shall include the feminine; (b) the headings are intended solely for convenience of reference and will be given no effect in the interpretation or construction of these Terms; and (c) wherever the words “include”, “includes” or “including” are used, they shall be deemed to be followed by the words “without limitation” and the words following “include”, “includes”, or “including” shall not be considered to set forth an exhaustive list.