BayFort Capital STACKS TERMS OF SERVICE

Modified on Fri, 23 Dec 2022 at 11:59 AM

THE STOCKAL STACKS TERMS OF SERVICE PERTAINING TO STACKS ARE SUPPLEMENTARY TO THE USER LICENSE AGREEMENT, POLICIES AND DISCLOSURES ON STOCKAL.

These terms and conditions (“Stacks Terms of Service”) in conjunction with the User License Agreement, policies and disclosures on Stockal are a binding contract between you and Borderless Investing Inc. If you have any questions, comments, or concerns regarding these Stacks Terms of Service , please contact us at customersuccess@stockal.com. For the purposes of this Stacks Terms of Service:

‘Stockal’ shall mean this website/application/platform which is owned by Borderless Investing Inc. (hereinafter “Borderless Investing” or “we” or “us”), which is company incorporated under the laws of the United States of America and having its registered office at 1000 N West Street, Suite 1200, Wilmington, DE 19801 and its Affiliates;
“Stack Provider” shall mean Fort Investments (BayFort Capital Stack Provider)
‘AUM’ shall mean Assets Under Management;
‘Stacks Portfolio’ shall mean the basket of securities that you have subscribed to;
‘You’ or ‘your’ shall mean the user who subscribes to the Stacks Portfolio .

By using the services provided through Stockal, you shall be deemed to have accepted the Terms and Conditions herein including the amended terms and conditions published from time to time.

You are aware and you accept that all information, content, materials, products on the application is protected and secured.
Except for your own personal and non-commercial use, you agree that you shall not copy, reproduce, sell, redistribute, publish, enter into a database, display, perform, modify, transmit, license, create derivatives from, transfer or in any way exploit any part of any information, content, materials, services available from or through Stockal.
You agree that you will not use the application for any purpose that is unlawful or prohibited by these Stacks Terms of Service. You also agree you will not use Stockal in any manner that could damage, disable or impair Stockal or interfere with any other party’s use, legal rights, or enjoyment of Stockal.
You acknowledge that the software and hardware underlying Stockal as well as other internet related software which are required for accessing Stockal are the legal property of either Borderless Investing or its respective third-party vendors. The permission given by Borderless Investing to access Stockal will not convey any proprietary or ownership rights in the above software/hardware. You agree that you shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software/hardware underlying Stockal or create any derivative product based on such software/hardware.
You understand and accept that not all the products and services offered on Stockal are available in all geographic areas and you may not be eligible for all the products or services offered by Borderless Investing on Stockal. Borderless Investing reserves the right to determine the availability and eligibility for any product or service offered on Stockal.
You understand and accept that Borderless Investing is not responsible for the availability of content or other services on third party sites linked from Stockal. You are aware that access of hyperlinks to other internet sites are at your own risk and the content, accuracy, opinions expressed, and other links provided by these sites are not verified, monitored or endorsed by Borderless Investing in any way. Borderless Investing does not make any warranties and expressly disclaims all warranties express or implied, including without limitation, those of merchantability and fitness for a particular purpose, title or non-infringement with respect to any information or services or products that are available or advertised or sold through these third-party platforms.
If performance is prevented, hindered or delayed by a Force Majeure event (as defined below), Borderless Investing shall not be liable for any failure to perform any of its obligations under these terms and conditions or those applicable specifically to its services/facilities, and in such case its obligations shall be suspended for so long as the Force Majeure event continues. “Force Majeure Event” means any event, due to any cause beyond the reasonable control of Borderless Investing, including without limitations, unavailability of any communication systems, breach, or virus in the digital processes or payment or delivery mechanism, sabotage, fire, flood, epidemic, pandemic, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or systems affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, planned or unplanned outages, faults or failures in telecommunication.
Stockal is subject to the inherent risks of online trading including those relating to system response and access times that may be affected by various factors, including but not limited to market conditions and system performance. You should understand such risks before accessing Stockal and trading.
Additionally, by using Stockal or the services of Borderless Investing you confirm and agree that:

a) You are 18 years of age or older, and where you are acting as Guardian on behalf of a minor, you have the necessary authority to register/sign up for Stockal on behalf of the minor. If Borderless Investing learns that it has collected personal information from a person below 18 years of age, we will delete that information as quickly as possible. If you believe that a person is below 18 years of age may have provided us with personal information, please contact us at customersuccess@stockal.com.

b) You have read and understood the Privacy Policy published on Stockal. The information you provide when you register on Stockal is true and correct. In the event, your information is not accessible online and you wish to change or delete your personal information or other information that you may have provided, please contact us immediately at customersuccess@stockal.com.

c) Borderless Investing may contact you by telephone (fixed or mobile), electronic mail, SMS/text, instant messaging or any other form of electronic communication in connection with your registration and transactions. You can always opt to stop receiving any or all such communications by writing to customersuccess@stockal.com.

d) You understand that the investments are subject to market risks, and you can lose up to 100% of your investments. You are encouraged to have adequate insurance cover for your trading activities and/or investments.

e) You take complete responsibility and liability of your investments, and your investment decision is not influenced by any promise of returns whatsoever.

f) You shall at all times maintain adequate liquidity in your operative account.

g) Borderless Investing reserves the right at its sole determination to change your Stacks Portfolio which may result in additions, removals, modifications to the portfolio.

h) The percentage of profit and loss in your Stacks Portfolio is calculated on the net amount invested after AUM fees are deducted.

i) Upon you placing a buy or sell of your Stacks Portfolio, it will not be cancelled once placed.
Limitation of Liability, Indemnity, and Warranty. In no event shall Borderless Investing or its affiliates be liable to you for any loss or damage that may cause or arise from or in relation to these terms and conditions; due to use of Stockal; due to investments made using Stockal; general trading/market losses. You agree to indemnify Borderless Investing and its affiliates, its directors and employees for all the liabilities (including claims, damages, suits or legal expenses in defending itself in relation to the foregoing) arising due to non-performance and/or non-observance of the duties and obligations under these terms and conditions or due to your acts or omissions. You warrant that all the details and information provided by you to Borderless Investing while using Stockal (including for the purposes of carrying out investments) shall be correct, accurate and genuine. Further, you shall be solely responsible for any investment decision taken by you on Stockal and Borderless Investing shall not be liable for any loss or damage caused to you or other users of Stockal due to such investment decisions, or any kind of reliance upon it.
Fees.

a) AUM fees may be calculated on a periodic basis which shall be accordingly notified.

b) AUM fees will be deducted from the amount invested by you and allocated in your Stacks Portfolio.

c) The subscription fees may include asset management fees and charges, which will be collected by Borderless Investing.

d) You shall be solely responsible for your account and assume financial responsibility with respect to all transactions in your account including without limitation, your investment decisions, payments for the service, fees for securities and other assets purchased. You shall be responsible for all debits, costs, commissions and losses arising from any actions Borderless Investing, its Agent(s) and Partner(s) must take to liquidate or close transactions in your account, or from your failure to make timely good delivery of securities.

e) All fees are excluding taxes and levies. Service tax and other taxes and levies are charged separately and in addition to the charges described above at actuals.

f) Fee tariffs are subject to change or revision and shall be notified at the earliest practicable opportunity.
Termination

Borderless Investing may terminate this agreement with you, if you fail to comply with any term of this Stacks Terms of Service, User License Agreement, Stockal policies and disclosures or have not paid any fees that are due and payable to Borderless Investing or partners or upon the occurrence of you being unable to pay your debts or are insolvent or deemed to be insolvent or if a receiver is appointed in respect of any of your assets. In the event of termination, you must not attempt to access or make any copies of Stockal.

13. Disclaimer

a) Borderless Investing does not advise nor act as an agent or broker for the investment opportunities. You understand and acknowledge that Borderless Investing does not provide tax, legal, or investment advice of any kind, nor does Borderless Investing give advice or offer opinions with respect to the nature, potential value, or suitability of any securities transaction or investment strategy in your account. You will not hold, nor seek to hold, Borderless Investing or any of its officers, directors, employees, agents, subsidiaries or affiliates liable for any trading or other investment losses incurred in your account.

b) You agree and understand that the Stack Provider, Borderless Investing, its affiliates, and their respective directors, employees, agents and advisors may have investments in various securities from time to time, and, such conflicts of interest would be inherent when making investment in such securities. It is intended for such conflicts to be managed primarily by complying with the laws applicable in the jurisdiction in which the aforementioned persons are investing, and also, complying with the laws of the countries in which you and Borderless Investing are incorporated.

c) Stack Provider does not advise nor act as an agent or broker for the investment opportunities. You understand and acknowledge that the Stack Provider does not provide tax, legal, financial planning, risk profiling or investment advice of any kind, nor does the Stack Provider give advice or offer opinions with respect to the nature, potential value, or suitability of any securities transaction or investment strategy in your account. You will not hold, nor seek to hold, Stack Provider or any of its officers, directors, employees, agents, subsidiaries or affiliates liable for any trading or other investment losses incurred in your account.

d) The stack has been created by the Stack Provider for Borderless Investing and its affiliates based on certain predefined financial and qualitative criteria and hence may not be suitable for you. The Stack Provider may rebalance the stack periodically which may not be suitable for you.