TERMS OF USE

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. DO NOT USE THE SITE IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN. YOUR USE OF THIS SITE CONSTITUTES YOUR IRREVOCABLE ACCEPTANCE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN.

Welcome to the Rubellius Capital AG website (the "Site"). Any reference to "Rubellius", "we," "us" below shall mean Rubellius Capital AG and its affiliates. The Site and the information, products, services and other content available on or through the Site (collectively, the "Content") are proprietary to Rubellius; are protected by copyright, trade secret and other related proprietary rights, and are confidential to the extent password-protected. You agree not to copy for non-personal use, publish, disclose or otherwise distribute to third parties any Content, without receiving prior written consent from Rubellius.

1. TERMS AND CONDITIONS

Each time you access the Site you agree and indicate that you (i) understand these Terms of Use, (ii) intend these Terms of Use to be the legal equivalent of a signed, written contract and equally binding, and (iii) accept these Terms of Use and agree to be legally bound by them.

2. LICENSE

The Site and the Content are provided by us as a service to you. In order to access and use the Site, you are granted a limited, nonexclusive, revocable and nontransferable license to use the Site, conditioned on your continued compliance with these Terms of Use. You may not modify, copy, distribute, display, reproduce, publish, license, create derivative works, transfer, sell or otherwise use, in any medium, any Content, except you may store Content for your sole personal use and information access.

3. USE OF SITE, LOCAL LEGAL RESTRICTIONS

The information, products and services described on this Site are not intended for distribution to, or use by, and are in particular not directed to, any person or entity in any jurisdiction or country where such distribution or use would be prohibited or contrary to any law or regulation or would obligate us to comply with any additional law, regulation, registration or similar requirement within such jurisdiction or country. Individuals or legal entities in respect of whom such prohibitions apply, whether on grounds of their nationality, their place of residence or on other grounds, must not access or use the Site.

The funds shown on the Site have not been and will not be approved for distribution to non-qualified investors in or from Switzerland by the Swiss Financial Market Supervisory Authority FINMA (the "FINMA"), nor has a Swiss representative and paying agent been appointed in relation to the shares of the funds placed in or from Switzerland. Accordingly, the shares may only be placed in or from Switzerland and the relevant fund documents and any offering material relating to the funds and/or the shares may only be used in Switzerland in a manner which does not qualify as "distribution" within the meaning of art. 3 of the Federal Act on Collective Investment Schemes of 23 June 2006 (the "CISA") and its implementing ordinances, as amended from time to time, and the most current practice of the FINMA and the competent courts.

4. NO OFFER, NO ADVICE

The Content on the Site is intended for informational purposes only. We do not provide recommendations, investment advice or any other advice to you, and other than confidential offering documents for specific funds, no information or material at the Site is to be relied upon for the purpose of making or communicating specific investment or other decisions. Nothing on this Site is intended to be, nor should it be construed or used as, financial, legal, tax or investment advice, an opinion of the appropriateness or suitability of any investment, or an offer to buy or sell any security, including an interest in any fund. No such offer or solicitation may be made prior to the delivery of appropriate offering documents to qualified investors. Before making any investment, an investor should thoroughly review the particular investment with a financial, legal and tax advisor to determine whether such investment is suitable in light of the investor’s investment objectives, financial and tax situation.

5. PRIVACY POLICY

The terms of the Site’s Privacy Policy are hereby incorporated as part of these Terms of Use.

6. SECURITY OF SITE

Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For your protection, we reserve the right to view, monitor, and record activity on the Site without notice or further permission from you. Any information thus obtained is subject to review by appropriate governmental, regulatory and law enforcement organizations in connection with applicable law, including the investigation or prosecution of possible unlawful activity on the Site.

Users are responsible for maintaining the confidentiality of any user name and password ("login information") we provide you for accessing the password-protected areas of the Site. Users must not share their login information with any third party and are solely responsible for any and all activity that takes place under their login information, whether or not authorized by you. Users agree to notify us immediately (i) in the event of the loss or theft of their login information, (ii) if they believe the confidentiality of their login information has been compromised in any way, or (iii) in the event they learn of the possible or actual unauthorized use of their login information. We reserve the right to revoke a User’s login information at any time, for any reason, without prior notice.

7. NO WARRANTIES

The Site and all Content are provided on an "AS IS" and "AS AVAILABLE" basis. We make no, and hereby disclaim all, representations and warranties, expressed or implied, including the accuracy, timeliness, validity or completeness of the information available via the Site and any warranties of fitness for a particular purpose, merchantability or non-infringement.

Rubellius provides no warranty and makes no representations of any kind whatsoever regarding any third party content accessible on or through the Site.

The information and opinions in the Site are descriptive of Rubellius as a whole and the products and services described may not be available to or suitable for all investors. The fact that a user accesses the Site does not make him a client of Rubellius.

Any expressions of opinion, estimates and projections on the Site are those of the authors at the date of writing. They do not necessarily reflect the view of Rubellius and are subject to change at any time without prior warning. Rubellius and its contractual partners may discontinue, or make changes in, the information, data and documents, and the products or services described herein, at any time without prior notice. Any information marked with a date is published as of this date only and no obligation or responsibility is undertaken to update or amend any such information.

We reserve the right to make unavailable at any time this Site or the Content.

8. LIMITATION OF LIABILITY AND INDEMNITY

TO THE MAXIMUM EXTENT PERMITTED BY CURRENT LAWS AND/OR REGULATIONS, RUBELLIUS, INCLUDING ITS DIRECTORS, AGENTS, EMPLOYEES, SUB-CONTRACTORS DISCLAIM ANY AND ALL LIABILITY FOR LOSSES OR DAMAGES OF ANY KIND WHATSOEVER ARISING DIRECTLY OR INDIRECTLY AS A RESULT OF (1) THE DATA, INFORMATION, ACCURACY, COMPLETENESS OR OTHERWISE OF THE CONTENT OR ANY LINKS OR THIRD PARTY CONTENT; (2) ANY ERRORS IN OR OMISSIONS FROM THE SITE; (3) USE OF OR ACCESS TO THE SITE; (4) ANY INABILITY TO ACCESS OR USE THE WEBSITE FOR ANY REASON.

TO THE FULL EXTENT PERMITTED BY CURRENT LAWS AND/OR REGULATIONS, RUBELLIUS SHALL NOT BE LIABLE FOR ANY (1) LOSS OF PROFITS OR REVENUE OR SAVINGS OR OTHER ECONOMIC LOSS, (2) LOSS OF BUSINESS OR GOODWILL, (3) LOSS OF OR DAMAGE TO DATA, (4) INCIDENTAL OR SPECIAL LOSS, (5) WASTED OR LOST MANAGEMENT TIME, OR (6) INDIRECT OR CONSEQUENTIAL LOSS ARISING FROM USE OF OR ACCESS TO THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE OR IF SUCH LOSS OR DAMAGE WAS FORESEEABLE.

AS A CONDITION OF YOUR USE OF THE SITE, YOU AGREE TO INDEMNIFY AND HOLD RUBELLIUS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) ARISING IN CONNECTION WITH YOUR USE OF THE RUBELLIUS WEBSITE, OR FROM YOUR VIOLATION OF THESE TERMS OF USE.

9. THIRD-PARTY WEBSITES

Links to third-party websites on the Site are provided solely as pointers to information on topics that may be useful to users of the Site, and Rubellius has no control over the content on such third-party websites. No warranties or liability concerning the content of such websites are made, including assurances that it is correct, accurate, complete, true, up-to-date or fit for any particular purpose. Nor does Rubellius warrant that such website or content is free from any claims of copyright or trademark or other infringement of the rights of third parties or that such site or content is free of viruses or other harmful components. No guarantee as to the authenticity of documents on the Internet is given.

10. GOVERNING LAW

These Terms of Use have been made in and will be construed and enforced in accordance with the Federal Laws of Switzerland. The place of jurisdiction is Zurich. Your consent to the jurisdiction and venue of such courts is irrevocable. You waive all defenses of lack of jurisdiction, venue, or forum non-convenience.

11. TERMINATION

We reserve the right at any time in our sole discretion to deny you or any User access to the Site or any portion thereof and to terminate these Terms of Use. Termination of access or these Terms of Use may be effective without notice.