Terms Of Use

General Disclaimer / Notice

Kaiju Worldwide (“Kaiju” or “we/us/our”) is a Cayman Islands exempted company, incorporated on 30 December 2021 with company registration number 385221. Its registered office is at the offices of Hampson and Company, PO Box 698, Apollo House East, 4th Floor, 87 Mary Street, George Town, Grand Cayman KY1-1107, Cayman Islands. Kaiju is not currently licensed by or registered with the Cayman Islands Monetary Authority.

Website Terms of Use

By accessing this website (the “Site”) and any materials presented herein, you accept in their entirety the following terms and conditions pertaining to the use of the Site. Kaiju and its affiliates reserve the right to change the terms, conditions and notices under which this Site is offered without notice at any time. Each use of the Site constitutes your agreement to be bound by the then-current terms and conditions set forth in these Terms of Use.

Limited License to Use the Site
Except as specifically permitted below, nothing contained in these Terms of Use or the Site itself either grant or will be construed to grant to you or any third party any title or interest in, or any license or right to use or reproduce, any image, text, software, code, trademark, logo or service mark contained in the Site, including without limitation the name or logo of Kaiju or any of its affiliates. Kaiju reserves, and will enforce to the fullest extent possible, all rights that it may have with respect to copyright and trademark ownership of all material contained in the Site. Kaiju grants you a limited, non-exclusive license to display and otherwise use portions of the Site solely for your own private, non-commercial informational purposes only, and to print pages from the Site only in connection with that use. You may not modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Site.

No Offer of Securities
Under no circumstances should any material on the Site be used or considered as an offer to sell or a solicitation of an offer to buy any interest in any investment fund, Exchange Traded Fund (ETF) or other financial product sponsored or managed by Kaiju or its affiliates. Any such offer or solicitation can and will be made only by means of the Confidential Information Memorandum / Offering Documents of each such investment fund (as applicable), or the Prospectus of each such ETF, only by an affiliate of Kaiju which is appropriately licensed or registered to sponsor, manage, distribute or offer such investment fund (if applicable) or ETF, only in jurisdictions in which such an offer would be lawful and only to individuals who meet the investor suitability and sophistication requirements of each such investment fund or ETF pursuant to applicable law. Access to information about the investment funds and ETFs is similarly limited to individuals who meet the applicable investor suitability and sophistication requirements.

Third-Party Resources
We may display information, links and other material on the Site relating to third-party software, hardware, services, networks, websites or other resources (collectively, “Third-Party Resources”) for your convenience only. We are not responsible for any Third-Party Resources and all material about them is provided on an “as-is” basis. Any copyright or other intellectual property rights in Third-Party Resources remain the property of their respective authors and owners. The inclusion of any material does not constitute approval, endorsement or recommendation by us of any Third-Party Resource or any third party, and we disclaim all responsibility and liability for your use of any Third-Party Resources. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any Third Party Resource. We will not be liable for any damages that you may suffer in connection with any Third-Party Resource, including without limitation in connection with accessing, relying on, downloading, installing, using, modifying or distributing any Third-Party Resource. No information obtained by you from the Site shall create any warranty in respect of any Third-Party Resource. We make no representation, warranty, guarantee or undertaking of any kind in respect of any Third-Party Resource, including without limitation as to the effectiveness, security, functionality, operation, reliability, quality, accuracy, validity, legality or intellectual property rights compliance of any Third-Party Resource. Your use of or interactions with any Third-Party Resource, and any third party that provides any Third-Party Resource, are solely between you and such third parties and shall be governed by such licenses and terms of use as specified by such third parties, and we are not responsible or liable in any manner for such use or interactions. Third-Party Resources may be updated, changed or terminated at any time, and any material provided on the Site may be or become out of date or inaccurate. We make no representation or warranty as to the accuracy or completeness of such material nor any commitment to update or correct such material. USAGE AND RELIANCE ARE ENTIRELY AT YOUR OWN RISK.

No Advice
The information contained on the Site is not intended to provide and should not be construed as advice of any kind and does not take into account your objectives, financial situation or needs. You should obtain appropriate professional advice when necessary.

No Warranty
NONE OF KAIJU, ITS OFFICERS, DIRECTORS, PRINCIPALS, AGENTS, REPRESENTATIVES AND CONTRACTORS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS CONTAINED ON OR PRESENTED THROUGH THE SITE. ANY CONTENT OF THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND. KAIJU HEREBY FURTHER DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY.

Limitation of Liability
IN NO EVENT SHALL KAIJU OR ITS DIRECTORS, OFFICERS, PRINCIPALS, AGENTS, REPRESENTATIVES AND CONTRACTORS BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OF OR INABILITY TO USE THE SITE OR WITH ANY DELAY IN USING THE SITE, OR (II) ANY INFORMATION AND MATERIALS OBTAINED THROUGH THE SITE, OR (III) OTHERWISE ARISING OUT OF THE USE OF THE SITE; IN ANY CASE WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SUCH LIMITATIONS APPLY EVEN IF KAIJU OR ANY OF ITS OFFICERS, DIRECTORS, PRINCIPALS, AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

Indemnification
You agree to indemnify, defend, and hold Kaiju, and its directors, officers, principals, agents, representatives and contractors, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to or transmit through the Site, your conduct in connection with the Site, your use of the Site, your violation of these Terms, or your violation of any rights of another person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Right of Modification and Termination
We reserve the right to amend these Terms of Use at any time. The date of the most recent update to these Terms of Use is displayed at the bottom of this page. By continuing to use the Site after changes have been published, you are confirming that you have read, understood and agree to the latest version of these Terms of Use.

We reserve the right, without notice and for any reason, to remove any materials from the Site, correct any errors, inaccuracies, or omissions in any materials on the Site and change or update any materials on the Site at any time and without prior notice.

Notices
Any notice to Kaiju shall be given in writing and sent by registered mail to Kaiju, PO Box 698, Apollo House East, 4th Floor, 87 Mary Street, George Town, Grand Cayman KY1-1107, Cayman Islands (Attention: General Counsel).

Severability
If any provision of these Terms of Use is held to be invalid or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and these Terms of Use shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity or unenforceability shall be strictly limited both to such provision and to such jurisdiction.

Governing Law and Dispute Resolution
These Terms of Use are governed by the laws of the Cayman Islands, without reference to their conflicts of laws provisions. You consent to the jurisdiction of, and venue shall lie in, any court located in the Cayman Islands, as the exclusive jurisdiction and venue for the adjudication of all disputes arising out of or relating to the use of the Site.

Intellectual Property
“Kaiju” and related marks, images and symbols are the properties of Kaiju Capital Management, a BVI business company with BVI company number 1986207. “Kaiju Capital Management^®” and the stylized “eye” logo^® are trademarks of Kaiju Capital Management and are registered or are pending registration in the United States, United Kingdom, European Union, and British Virgin Islands. The marks “Mechanisms of Reasoning^®”, “Stratified Risk Distribution^®”, “BEX™”, “BEX Bilateral Equity Corridor Strategy^®”, “ARC^®”, “LEVIATHAN^®”, and “PROFIT HELIX^®” also are trademarks of Kaiju Capital Management and are registered or are pending registration in the United States, United Kingdom, European Union, and British Virgin Islands.

You are prohibited from modifying, copying, displaying, distributing, transmitting, publishing, selling, licensing, creating derivative works from, or using any portions of the materials contained in the Site for commercial or public purposes without our express authorization or as expressly permitted by applicable copyright or trademark law. You may not copy any material from the Site without our express prior written authorization and subject to a copyright notice approved by Kaiju being affixed to the copied material or as expressly permitted by applicable copyright law. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any of Kaiju’s patent, trademark, copyright or other proprietary rights for any purpose not expressly set out in these Terms of Use.

Contact
If you have any questions or feedback about these Terms of Use, please contact us at:
Email: info@kaiju.ai
Business address: Hampson and Company, PO Box 698, Apollo House East, 4th Floor, 87 Mary Street, George Town, Grand Cayman KY1-1107, Cayman Islands

Date of Last Update: May 11 2023