Disclosures

Terms & Conditions

Thank you for visiting this Website, which has been provided to you solely for informational purposes by Medici Capital LLC (“Medici,” “we,” or “us”). These terms and conditions (“Terms of Use”) are a contract between users (“you”) and Medici and apply to the Website located at www.medicicapitalfunds.com, its content, and any other Webpages owned and operated by us that link back to, or otherwise display, these Terms of Use, including any password-protected areas (collectively, the “Website”).

By using the Website, you agree to abide by these Terms of Use. If you do not agree to abide by these Terms of Use, your sole and exclusive remedy is to discontinue using the Website. Your compliance with these Terms of Use and any Other Agreements (as defined below) is a condition to your right to access the Website. This document affects your legal rights, including limiting your damages if you sue us, so please read it carefully.

We reserve the right, in our sole discretion, to change, modify, add, or remove any portion of the Website, including the Terms of Use, in whole or in part, at any time, without prior notice to you. Changes to these Terms of Use will be effective when posted. For this reason, we encourage you to visit and review this page regularly to ensure that you are familiar with the then current Terms of Use that apply to your use of the Website. The date of the last revision or update appears at the top of the Terms of Use under the title. Nothing contained in these Terms of Use is intended to modify or amend any other written agreement you may have with us (including without limitation any customer agreement, participation agreement, or account agreement) (“Other Agreements”) if any, that may currently be in effect. In the event of any inconsistency between these Terms of Use and any Other Agreements, the Other Agreements will govern. To the extent these Terms of Use conflict with the terms and conditions of use relating to any password-protected area of the Website (“Other Terms of Use”), the more specific Other Terms of Use relating to such password-protected area shall control.

Acceptable Use of the Website

All materials, including but not limited to images, text, data, illustrations, designs, icons, photographs, programs, downloads, services, and content (“Content”) that are part of the Website are intended solely for personal, non-commercial use. We authorize you to view and access a single copy of the Content available on the Website for your own use. You agree to only use the Website and the Content for the purposes for which it has been designed. You further agree to comply with these Terms of Use and all applicable local, state, national, and international laws, rules, and regulations. Please be advised that we may record certain usage information, such as the number and frequency of visitors to the Website.

Restrictions on Use

As a condition of your use of the Website, you agree that you will not, under any circumstances:

Reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any Content;
Use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with proper functioning of the Website, including making automated use of the Website or taking any action that we deem to impose or potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
Use the Website for any unlawful purpose or for the promotion of illegal activities;
Interfere with or disrupt or attempt to interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website, including bypassing any measure we take to restrict access to the Website;
Use any software, technology, or device to scrape, spider, or crawl the Website or harvest or manipulate data on the Website;
Reverse engineer, decompile, disassemble, or otherwise attempt to extract or discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; or

If we believe you are using or attempting to use the Website in breach of any one or more of these restrictions, we reserve the right to suspend or terminate your ability to use the Website (or any portion thereof).

Linked Sites

The Website may provide links to Websites operated by other entities. These links are provided strictly for your convenience. In addition, third-party sites may be linked to this Website, with or without our consent. We make no warranty or representation regarding, do not endorse, and do not accept any responsibility for, any Websites linked to or from the Website or the information appearing thereon or any of the products or services described thereon. You acknowledge and agree that use of third-party Websites is strictly at your own risk.

Intellectual Property

The Website is the exclusive property of and owned by Medici. The Website contains and is protected by intellectual property rights, including copyrights, trademarks, logos, and service marks (whether registered or not, and wherever in the world those rights may exist) owned by Medici or third parties that have licensed their materials or provided services to Medici. Access to the Website does not confer any license under any of our or any third party’s intellectual property rights or otherwise authorize you to use any trademark, logo, service mark, copyright, or other intellectual property, except as explicitly provided herein or permitted under applicable law.

No Offers or Advice/Forward-Looking Statements/Historical Information

The content provided on the Website is for informational purposes only and is not, and may not be relied on in any manner as, professional, tax accounting, legal, ERISA, or financial advice or as an offer to sell or a solicitation of an offer to buy an interest in any fund, investment vehicle, or account managed by Medici. An offer or solicitation will be made only through a final private placement memorandum, subscription agreement, prospectus, or other related document with respect to a particular investment opportunity (each, an “Offering Document” and collectively, the “Offering Documents”) and will be subject to the terms and conditions in such documents, including the qualifications necessary to become an investor.

None of the information contained on the Website has been filed with the U.S. Securities and Exchange Commission, any securities administrator under any state securities laws, or any other governmental or self-regulatory authority. No governmental authority has passed on the merits of the offering of interests in any fund, investment vehicle, or account managed by Medici or the adequacy of the information contained on the Website. Any representation to the contrary is unlawful.

Nothing contained herein constitutes professional, tax, accounting, legal, ERISA, or financial advice nor does any information contained herein constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. Any decision to invest or take any other action with respect to the securities or investments discussed in this commentary may involve risks not discussed herein and no such decisions should be made based on the information contained herein. It should not be assumed that any securities or investments discussed in this commentary will increase in value. You are solely responsible for evaluating the risks and merits regarding use of the Website and should obtain relevant and specific professional advice before making any investment decision.

An investment in a fund, investment vehicle, or account managed by Medici is subject to significant risks that are described in more detail in the Offering Documents, including the loss of principal amount invested. Such investments are not suitable for all investors and are not obligations of or guaranteed by Medici or any of its affiliates. The investments are not bank deposits and are not insured by the Federal Deposit Insurance Corporation or any other entity. Before making an investment decision, prospective investors should pay particular attention to the risk factors contained in the Offering Documents. Investors should have the financial ability and willingness to accept the risk characteristics of an investment. There can be no assurance that any fund, investment vehicle, or account managed by Medici will be able to implement its investment strategy or achieve its investment objectives.

Certain information contained on the Website (including financial information) has been obtained from published sources. Such information has not been independently verified by Medici or its affiliates and Medici and its affiliates make no representations concerning and do not assume responsibility for the accuracy of such information. Except where otherwise indicated on the Website, the information provided on the Website is based on the matters as they exist as of the date of the Website’s publication and not of any future date.

Certain information on the Website may contain forward-looking statements, which can be identified by use of terms such as "may", "should", "believe", "expect", "anticipate", "project", "estimate", "optimistic", "intend", "aim", "will" (or the negatives thereof) or other variations thereof. Due to various risks and uncertainties, actual events or results of actual performance of an investment may differ materially from those reflected or contemplated in such forward-looking statements. As a result, investors should not rely on such forward-looking statements in making their investment decisions. Medici undertakes no obligation to update publicly or revise any statements contained on the Website, whether as a result of new information, future developments, or otherwise. Any transactions described on the Website as having been engaged in by us are included for illustrative purposes only and are not necessarily reflective of overall results of any of our businesses. Past performance is not indicative of future results; no representation is being made that any investment or transaction will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided. This commentary has not been reviewed or approved by any regulatory authority and has been prepared without regard to the individual financial circumstances or objectives of persons who may receive it. The appropriateness of a particular investment or strategy will depend on an investor's individual circumstances and objectives. No representation is being made as to the suitability of any investment.

Compliance with Applicable Law

Unless otherwise expressly set forth herein, we make no representation that materials on the Website are appropriate or available for use in any particular location. If it is illegal or prohibited in your country of origin to access or use the Website, then you agree not to do so. Those who choose to access the Website do so on their own initiative and are responsible for compliance with local laws.

ERISA Considerations

The information provided on the Website (including any separate documents that may be accessed through the Website) is not directed at any investor or category of investors and is provided solely as general information about our products and services and to otherwise provide general investment education. No information contained on the Website should be regarded as a suggestion to engage in or refrain from any investment-related course of action as none of Medici nor any of its affiliates is undertaking to provide investment advice, act as an adviser to any plan or entity subject to the Employee Retirement Income Security Act of 1974, as amended, individual retirement account or individual retirement annuity, or give advice in a fiduciary capacity with respect to the materials presented on the Website. If you are an individual retirement investor, contact your financial advisor or other fiduciary unrelated to Medici about whether any given investment idea, strategy, product, or service described on the Website may be appropriate for your circumstances.

Password & Security Notification

Certain additional information and services available on the Website may be accessible to you only if you have been provided with a username and password ("Password User"). Use of such additional information and services shall be subject to additional terms and conditions. You, as a Password User, are solely responsible for (1) maintaining the confidentiality of the password and user ID and (2) all activities that occur under your user ID. If, in the process of obtaining a user ID and password, you provide us with any information that is untrue, inaccurate, not current, or incomplete, or if we have reason to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your user ID and password and refuse any and all current or future use of the Website (or any portion thereof). The Password User shall immediately notify us of any loss or theft of the password, or if the confidentiality of the password has otherwise been compromised in any way. We will not be responsible or liable for any loss, expense, or damage arising in any way from use of the password and user ID and/or the accessing of information or materials therewith.

Disclaimer & Indemnity

The Website and the information and materials on the Website are provided "as is" and without warranties or representations of any kind either expressed or implied and we and our affiliates disclaim all warranties, expressed or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant the accuracy, completeness, reliability, security, availability at all times, or timeliness of any information on the Website or that the Website will operate "error free." In no event shall we or our affiliates, or any of our or their respective partners, stockholders, members, managers, officers, directors, employees, agents, funds, and such funds' limited partners (collectively, the "Medici Parties"), be responsible for any damages, liabilities, or injury, including indirect, incidental, special, punitive, multiple, consequential, or other damages, however caused or arising out of your use of (or inability to use) the Website. If your use of the Website gives rise to any third party complaint, charge, claim, loss, expense, damage, cost, liability, or demand, including attorneys' fees ("Claim"), against you or any Medici Party, you agree to (i) indemnify and hold harmless the Medici Parties with respect to any such Claim, (ii) release the Medici Parties from any such Claim, and (iii) waive all laws that may limit the efficacy of such release.

Limitation of Liability

To the maximum extent permitted by law, we disclaim all liability arising out of your use of the Website, even if we have been advised of the possibility of the damages, liability, or injury that you suffer, including any damages, defect, interruption, delay in operation, computer virus, line failure, or other computer malfunction.

Notice of Copyright Infringement

The Digital Millennium Copyright Act of 1998 provides recourse for copyright owners who believe that material posted on Internet sites infringes their rights under U.S. copyright law. If you believe in good faith that items, information, or other materials appearing on the Website infringe your copyright, please send us a notice containing the following information:

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 are covered by a single notification, a representative list of such works;
Identification of the material that is claimed to be infringing or to be the subject of infringing activities and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material;
Contact information for the notifying party, including name, address, telephone number, and email address;
A statement that you 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;
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
Please submit this notice to us at info@medicicapitalfunds.com

Termination

We may at any time, terminate these Terms of Use and your access to the Website, including access to your user ID and password: (1) if we believe you have breached or attempted to breach any provision of these Terms of Use; (2) if we are required to do so by law; (3) if we are transitioning to no longer providing the Website to users in the country or state in which you reside or from which you use the Website; (4) the provision of the Website to you by us is, in our opinion, no longer commercially viable; or (5) in our sole discretion, at any time and for any other reason. Your continued use of the Website following such termination may result in your liability for conversion, misappropriation, trespass to chattels, and all other claims and causes, regardless of the identity of claimant or injured party, arising from or relating to your continued use of the Website. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Website, may be referred to appropriate law enforcement authorities.

When these Terms of Use are terminated, any of the legal rights, obligations, and liabilities that by their nature should continue shall survive such termination.

Miscellaneous

Governing Law - These Terms of Use shall be governed by the laws of the State of California, without giving effect to its conflict of laws’ provisions. Any dispute relating to these Terms of Use shall be brought solely in the state or federal courts located in California and you agree that such courts shall have jurisdiction over you in connection with any such dispute.

Term for Cause of Action - Regardless of any statute or law to the contrary, you must commence any cause of action you may have with respect to your use of the Website within one (1) year after the claim or cause of action arises.

Severability & Waiver - If, for any reason, a court of competent jurisdiction finds any provision in these Terms of Use to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. Our failure to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches.

Arbitration - By using the Website, you agree that we, at our sole discretion, to the maximum extent permitted by applicable law, may require you to submit any disputes arising from the use of the Website, related services or these Terms of Use, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance, or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association (the "Rules"), by one or more arbitrators appointed in accordance with the said Rules and to be held in the State of California. Notwithstanding these Rules, however, such proceeding shall be governed by the laws of the State of California. Arbitration costs and reasonable documented attorneys' costs of both parties shall be borne by the non-prevailing party.

Entire Agreement - Other than with respect to Other Agreements and Other Terms of Use, these Terms of Use constitute the entire agreement between you and Medici regarding the subject matter hereof and govern your use of the Website, superseding any prior agreement between you and Medici on this subject.

Contact - If you have any questions or comments or need to provide us notice of any sort related to these Terms of Use, you may contact us in the following ways:

Email Address: info@medicicapitalfunds.com

Privacy Policy

This privacy notice describes how Medici Capital LLC and its affiliates ("Medici" or "we") collects and processes your personal information through your use of this website, including any data generated or any data provided by you or otherwise communicated when you use the password-protected section of our website for investors (the "Investor Portal"). This privacy notice is not intended to override any other privacy notice we provide you in specific circumstances.

What personal information do we collect?

Personal information means any information about an individual from which that person can be identified. We may collect:

Technical Information, which may include your internet protocol (IP) address, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system, and platform on the devices you use to access this Website.
Usage Information, namely, information about how you use our Website including, but not limited to, how long you spend on it and which pages you visit.
We also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Information to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

In addition, for users of the Investor Portal, we may collect, use, store and/or transfer different kinds of information about you, such as:

Identity Information, including your first name, last name, username or similar identifier, title, date of birth, gender, marital status, and spouse's name.
Contact Information, including your mailing address, email address, and telephone numbers.
Financial Information, including your tax documents.
Transaction Information, including details about the investment activities of the funds or accounts managed by us in which you have invested.
Profile Information, including your username and password, and account preferences.

If you fail to provide personal information

Where we need to collect personal information by law or under the terms of a contract we have with you, and you fail to provide that information when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with investment services).

How is your personal information collected?

We use different methods to collect information from and about you:

Automated technologies or interactions. As you interact with our Website, we may automatically collect Technical Information about your equipment and browsing. We collect and store this personal information by using cookies and server logs. We may also collect Technical Information about your browser through web beacons in emails sent from our Website, including investor notifications and marketing emails, to confirm if they were received and opened.
Third parties or publicly available sources. We may receive personal information about you from various third parties and public sources as set out below:
Aggregated Data from Google Analytics;
Identity and Contact Information from publicly available sources, such as your Website, industry conference Websites, industry publications, etc.

In addition, for users of the Investor Portal, we may collect information in the following ways:

Direct interactions. You may give us information that we use or store on this Website by filling in forms or by corresponding with us by post, phone, email, or otherwise. This includes personal information you provide when you:
- engage our investment services or subscribe to a fund that we manage;
- create an account on our website's Investor Portal; or
- request or agree to receive marketing emails, offers, and publications from us.

How do we use your personal information?

We will only use your personal information via this Website in accordance with applicable law. Most commonly, we use your personal information in the following circumstances:

Where we need to perform our obligations under contract(s) related to your investments.
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Where we need to comply with a legal or regulatory obligation.

Purposes for which we will use your personal information

The below describes how we may use your personal information via this Website and on what basis. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal information on more than one basis depending on the purpose for which we are using your information. Please contact us if you have questions or would like further information.

Purpose/Activity

To use data analytics to improve our Website, products/services, marketing, customer relationship, and experiences

Type of Information

Technical
Usage

Basis for Processing

Necessary for our legitimate interests (to keep our website updated and relevant, to develop our business, and to inform our marketing strategy).

For users of the Investor Portal, the following describes additional purposes for which we may use your personal information.

Purpose/Activity

To facilitate your investments in funds and accounts managed by us, including to:

Provide access to account statements, tax documents, and other account related documents.
Distribute investor letters and other communications relating to your investments.
Provide access to required regulatory forms.

Type of Information

Identity
Contact
Financial
Transaction
Marketing & Communications

Basis for Processing

Performance of a contract with you
Necessary for our legitimate interests of managing our overall relationship with you.
Necessary to comply with a law or regulation

To manage our relationship with you which will include:

Notifying you about changes to our Website terms of use, Website privacy notice, or your investments with us.
Asking You for Feedback
Identity
Contact
Profile
Marketing & Communications
Performance of a Contract with You
Necessary to Comply with a Legal Obligation
Necessary for our legitimate interests of maintaining complete, accurate records, and studying how clients use our products/services.

To administer and protect our business and this Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting, and hosting of data)

Identity
Contact
Technical
Usage
Necessary for our legitimate interests of running and safeguarding our business, providing administration and IT services, ensuring network security, and preventing fraud
Necessary to Comply with a Legal Obligation

To keep you updated on relevant developments in capital markets and other investment news.

Identity
Contact
Profile
Necessary for our legitimate interests of keeping our clients informed of our views of the capital markets and relevant investment news.

Marketing

Certain documents posted to the Investor Portal may contain communications that are considered marketing. You are not required to access such documents in order to use the Investor Portal.

In addition, you may receive marketing communications from us if you have requested information from us or automatically if you have previously engaged us as investment advisor and, in each case, you have not opted out of receiving that marketing.

You can ask us to stop sending you marketing communications at any time by contacting us at info@medicicapitalfunds.com at any time.
Where you opt out of receiving marketing communications, this will not apply to personal information provided to us as a result of investment activities or other transactions.

Cookies

When you visit our Website, you will not have the opportunity to reject our use of cookies. You may set your browser to refuse all or some browser cookies, or to alert you when Websites set or access cookies. Some Web browsers may transmit "do-not-track" (DNT) signals. We currently do not respond to DNT settings in your Web browser.

We use cookies only for administering the Website and ensuring website security. If you disable or refuse cookies, please note that some parts of this Website and our Investor Portal may become inaccessible or not function properly.

The table below describes the cookies we use, their names, and what we use the cookies for:

Type of Cookie

"Remember Me" Cookie

Purpose

This cookie is used to remember a client who signs in through the mobile app. If you check this box when you log in on your mobile device, we will store your login information and your mobile device identifier in this cookie.

Investor Portal Session Cookies

This encrypted cookie is used to collect information about how a client uses the private part of our Website, after logging in. It stores a user's identity and associated IP address, pages visited, and documents downloaded only for the length of the login session.

The IP address will be kept in our third-party IT provider, ITG's, server logs for at least twelve months for Website security functions. We do not store session cookies by user, so we cannot link together multiple sessions by a particular user.

Analytics Cookies

We may use analytics cookies through Google Analytics to help us understand how people use our Website.

Change of Purpose

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another purpose and that purpose is compatible with the original purpose.

Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

How do we share your personal information?

External Third Parties:
- Service providers, and other third-party providers of information technology resources. We may share your personal information with service providers that perform certain functions or services on our behalf in order to fulfill the services you request from us. These include third parties which host our Website, manage databases, perform analyses, send communications for us, process transactions on our behalf, or provide certain other components of our Website. We do not authorize service providers to use or disclose the information, except as necessary to perform services on our behalf.
We may use analytics tools provided by Google to help us understand how people use our Website. You can learn more about how Google collects and uses information as a part of its tools at https://www.google.com/analytics/#?modal_active=none
Legal process. We may disclose your personal information to the extent necessary to respond to subpoenas, court orders, or other legal processes in response to a request for cooperation from law enforcement or another government agency, in order to comply with our legal and regulatory obligations.
Protection of our clients and services. We may disclose your personal information to third parties such as law enforcement if we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual illegal activity, or violation of our Terms of Use or other contracts.

We require all third parties to respect the security of your personal information and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal information for their own purposes and only permit them to process your personal information for specified purposes and in accordance with our instructions.

How long do we use your personal information for?

We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Technical Information regarding your visit to this Website is retained only for the duration of the browser session in which you accessed the site.

For users of the Investor Portal, we will retain your personal information specifically concerning your investment for a minimum of 6 years after you have exited your investment in one of our funds.

In some circumstances we may anonymize your personal information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

How do we secure your personal information?

We use reasonable technical, administrative, and physical security measures to protect your personal information. We of course cannot guarantee that any information, during transmission through the Internet or while stored on our systems or otherwise in our care, will be absolutely safe from unauthorized access or use (e.g., by hackers). We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties while or after you transmit your information to us.

If you create an account on our Investor Portal, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any activity that occurs using your account credentials, whether or not you authorized such activity. Please notify us of any unauthorized use of your password or account or any other breach of security.

Children's Privacy

Our services are not directed at individuals under the age of 18. We do not knowingly collect information from children under the age of 18. If we become aware that a child under 18 has provided us personal information, we will delete such information from our files.

Changes to this Privacy Notice

We may change this privacy notice from time to time. When we do, we will update you by posting the changed privacy notice on this page with a new "Last Updated" date. In some cases, we may also inform you of changes by additional means, such as by sending an email to your email address in our records.