These Terms of Use ("Terms") govern your access to and use of the website operated by Mosaic Capital Inc. ("Mosaic Capital," "we," "us," or "our") at www.msc.xyz and any related subdomains (the "Site"). Please read these Terms carefully before using the Site.
By accessing or using the Site, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Notice. If you do not agree to these Terms, you must not access or use the Site.
If you access the Site on behalf of an entity, you represent that you have authority to bind that entity, and references to "you" in these Terms include both you individually and the entity you represent.
The content of the Site is provided for general informational purposes only. Nothing on the Site constitutes:
Mosaic Capital provides investment advisory services only to clients with whom it has executed a written investment management agreement and only to those who satisfy applicable eligibility tests. Any decision to engage Mosaic Capital, or to invest in any fund advised or managed by Mosaic Capital, must be made on the basis of the relevant offering documents and investment management agreement, and on consultation with the prospective investor's own professional advisers.
Information on the Site is believed to be accurate as of the date stated. Mosaic Capital does not undertake to update the Site as facts or circumstances change. Where any information on the Site conflicts with the relevant offering documents or investment management agreement, those documents control.
The Site is intended only for persons who satisfy applicable U.S. and Cayman Islands eligibility tests for the receipt of information about Mosaic Capital's services. By using the Site, you represent and warrant that you are not a retail investor (other than as may be expressly contemplated by applicable Form CRS delivery and other applicable retail-investor regimes), and that the receipt of information about Mosaic Capital's services is lawful in your jurisdiction.
Mosaic Capital does not direct the Site to, and the services described on the Site are not available to, persons located in any jurisdiction where the offer or solicitation of such services would be unlawful, or to persons in respect of whom such offer or solicitation would be unlawful.
Mosaic Capital is incorporated in the Cayman Islands and is registered with the Cayman Islands Monetary Authority ("CIMA") as a Registered Person under the Securities Investment Business Act (Revised). Mosaic Capital is also registered as an Investment Adviser with the U.S. Securities and Exchange Commission ("SEC").
Mosaic Capital is not registered with the U.S. Commodity Futures Trading Commission ("CFTC"). It relies on the exemption from registration as a commodity trading advisor available under CFTC Rule 4.14(a)(8)(i)(D). Pools managed by Mosaic Capital, where applicable, operate in reliance on the exemption from registration as a commodity pool operator available under CFTC Rule 4.13(a)(3).
CIMA's registration of Mosaic Capital as a Registered Person does not constitute approval of, or recommendation regarding, Mosaic Capital, its services, or any communications issued by Mosaic Capital (including the Site). Registration with the SEC as an Investment Adviser does not imply any level of skill or training, and does not constitute an endorsement of Mosaic Capital by the SEC.
The Site may contain links to websites or resources operated by third parties. Mosaic Capital does not control, endorse, or assume any responsibility for any third-party websites or resources, or for any content, products, services, or information accessible through them. You access third-party websites at your own risk and subject to their terms.
All content on the Site — including text, graphics, layouts, logos, marks, images, photographs, and arrangements thereof — is owned by Mosaic Capital or its licensors and is protected by copyright, trademark, and other intellectual property laws. The names "Mosaic," "Mosaic Capital," and any associated logos and marks are trademarks of Mosaic Capital.
Subject to your compliance with these Terms, Mosaic Capital grants you a limited, non-exclusive, non-transferable, revocable license to access and view the Site for your own personal, non-commercial use. No other right or license is granted, whether by implication, estoppel, or otherwise.
You agree not to, and not to permit any third party to:
If you submit information to Mosaic Capital through the contact form on the Site or otherwise (a "Submission"), you represent and warrant that the Submission is accurate, that you have authority to provide it, and that it does not infringe any third-party rights. Mosaic Capital may use Submissions to respond to your enquiry, to operate and improve the Site, and as further described in our Privacy Notice.
Mosaic Capital is not obligated to maintain any Submission in confidence (other than personal information processed in accordance with our Privacy Notice), to pay compensation in respect of any Submission, or to respond to any Submission.
To the maximum extent permitted by applicable law, the Site and all content on the Site are provided "as is" and "as available," without warranty of any kind, express or implied. Mosaic Capital disclaims all warranties, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, timeliness, and freedom from error or interruption.
Without limiting the foregoing, Mosaic Capital does not warrant that the Site will be uninterrupted, secure, or error-free; that defects will be corrected; or that the Site or the servers that make it available are free of viruses or other harmful components.
Digital assets are highly volatile, and any investment in or activity involving digital assets, lending, yield strategies, or related products involves substantial risk, including the loss of principal. Past performance is not indicative of future results, and no guarantee of profit or against loss can be made.
To the maximum extent permitted by applicable law, in no event shall Mosaic Capital, its affiliates, or any of their respective directors, officers, employees, agents, or licensors be liable to you or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages — including without limitation damages for loss of profits, revenue, goodwill, use, data, or other intangible losses — arising out of or in connection with your access to or use of (or inability to access or use) the Site, any content on the Site, or any third-party content or websites accessed through the Site, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not Mosaic Capital has been advised of the possibility of such damages.
To the maximum extent permitted by applicable law, the aggregate liability of Mosaic Capital and its affiliates arising out of or in connection with the Site shall not exceed one hundred U.S. dollars (US$100). Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the foregoing exclusions and limitations may not apply to you.
Nothing in these Terms excludes or limits Mosaic Capital's liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot be excluded or limited under applicable law.
You agree to indemnify and hold harmless Mosaic Capital, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with (i) your use of the Site in breach of these Terms; (ii) your violation of any applicable law or regulation; or (iii) your violation of any rights of any third party.
Mosaic Capital's collection, use, and disclosure of personal information in connection with the Site are governed by our Privacy Notice, which is incorporated by reference into these Terms.
Mosaic Capital may revise these Terms at any time by posting an updated version on the Site. Updates take effect when posted. Your continued access to or use of the Site after any update constitutes acceptance of the updated Terms. We will update the "Last updated" date at the top of these Terms when material changes are made.
Mosaic Capital may modify, suspend, or discontinue the Site (or any part of the Site) at any time, without notice, and shall not be liable to you or any third party for any such modification, suspension, or discontinuation.
These Terms, and any non-contractual obligations arising out of or in connection with them, are governed by and construed in accordance with the laws of the Cayman Islands, without regard to its conflict-of-laws principles.
The courts of the Cayman Islands have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter, including non-contractual disputes or claims. By accessing or using the Site, you irrevocably submit to that jurisdiction.
Entire agreement. These Terms, together with the Privacy Notice, constitute the entire agreement between you and Mosaic Capital in respect of the Site and supersede any prior agreement or understanding on the same subject matter.
Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be struck and the remainder shall continue in full force and effect.
No waiver. No failure or delay by Mosaic Capital in exercising any right under these Terms shall operate as a waiver of that right.
Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Mosaic Capital may assign these Terms freely.
No third-party beneficiaries. No person other than you and Mosaic Capital shall have any right to enforce any provision of these Terms.
Questions about these Terms should be directed to Mosaic Capital Inc. at info@msc.xyz.