TERMS OF USE

Last updated: March 2025

Please read the terms of use carefully before using the site.

1. Basic information and contact details

1.1 https://www.activumsg.geniumcreative.com/ is a website (the “Site”) operated by Activum SG Capital Management Limited (“We”). References to the “Activum SG Group” are to the group of entities comprising Activum SG Capital Management Limited and its affiliates.

1.2  Activum SG Capital Management Limited is a private limited company registered in Jersey under company number 101026 and has its registered office at Ordnance House, 31 Pier Road, St. Helier, Jersey, JE4 8PW. It is regulated by the Jersey Financial Services Commission. In relation to funds managed by Activum SG Capital Management Limited,  is regulated by the Jersey Financial Services Commission in the carrying on of Fund Services Business under the Financial Services (Jersey) Law 1998. The Jersey Financial Services Commission is protected by that law against liability arising from the discharge if its functions under that law.

1.3 An affiliate, Activum SG UK Advisors Limited (“Activum UK”) is a private limited company registered in England and Wales under company number 09205707 and has its registered office at Regina House, 124 Finchley Road, London, NW3 5JS. Activum UK is authorised and regulated in the United Kingdom by the Financial Conduct Authority under registration number 841078.

2. Use and acceptance of terms

2.1 By using the Site, you confirm that you accept the Terms of Use (the “Terms of Use”) and that you agree to comply with them. If you do not agree to the Terms of Use, you must not use the Site. We recommend that you print a copy of the Terms of Use for future reference.

2.2 It is your responsibility to ensure that your use complies with any restrictions or applicable laws regarding use of information on the Site.

3. Other terms that may apply

3.1 The Terms of Use refer to the following additional terms, which also apply to your use of the Site:

3.2 Our Privacy Policy[1] , which explains how we collect, use and store your personal data.

3.3 Our Cookies Policy[2] , which sets out information about the cookies on the Site.

4. Changes to these terms and/or to the site

4.1 We may amend these terms from time to time. Every time you wish to use the Site, please check the Terms of Use to ensure you understand the terms that apply at that time. You will be deemed to have accepted any changes if you continue to use the Site after they have been made. The Terms of Use were most recently updated on [DATE27 March 2025].

4.2 We may update and change the Site from time to time to reflect changes to our services, our users’ needs and our business priorities.

5. Suspension or withdrawal of the site

5.1 The Site is made available free of charge. We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Site for business and operational reasons. We will not be liable if for any reason the Site is unavailable at any time or for any period. We will try to give you reasonable notice of any suspension or withdrawal.

5.2 You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of the Terms of Use and other applicable Terms of Use, and that they comply with them.

6. Password protected areas

6.1 Certain areas of the Site are password protected for confidentiality reasons (the “Password Protected Areas”). The Password Protected Areas are only directed at professional investors (such as institutional investors or otherwise sophisticated investors with experience and understanding in these types of investments) and/or Activum SG Group staff. If you are not such an investor or staff member, you should not:

6.1.1 attempt to access the Password Protected Areas;

6.1.2 rely on any of the information in the Password Protected Areas; or

6.1.3 make use of any of the Activum SG Group’s services.

6.2 If you have a username, password, user identification code or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

6.3 The Password Protected Areas contain confidential, proprietary, trade secret and other commercially sensitive information. By accessing the Password Protected Areas, you agree:

6.3.1 to keep such information strictly confidential and not reproduce or redistribute the information in any format without our express written approval;

6.3.2 upon request, to promptly return to us any materials that you have downloaded; and

6.3.3 in the event you become legally required to disclose any of the information, you will promptly notify us in writing of such requirement prior to any such disclosure and use reasonable efforts to obtain a protective order or other appropriate remedy (or, at our request, assist us to obtain a protective order or other appropriate remedy) to prevent the disclosure of such materials. If a protective order or other remedy is not obtained pursuant to this subclause, you agree to use reasonable efforts to obtain assurance that confidential treatment will be accorded to the disclosed information.

6.4 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of the Terms of Use.

6.5 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us in writing.

7. Use of material on the site

7.1 We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.

7.2 You may print off one copy, and may download extracts, of any page(s) from the Site for your personal use and you may draw the attention of others within your organisation to content posted on the Site. No other use of the Site is permitted without our express written consent, including (without limitation) copying, storying in any medium, distributing, transmitting, re-transmitting, broadcasting, modifying, or showing in public any part of the Site, or systematically extracting material from the Site or any document available through it.

7.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

7.4 Our status (and that of any identified contributors) as the authors of content on the Site must always be acknowledged.

7.5 You must not use any part of the content on the Site for commercial purposes without obtaining a licence to do so from us or our licensors.

7.6 If you print off, copy, download, share or repost any part of the Site in breach of the Terms of Use, or if you breach the Terms of Use in any other way, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made (except that you are permitted to print off a copy of the Terms of Use).

7.7 We cannot guarantee that the Site will operate in accordance with your expectations or will be error free.

8. No text or data mining or web scraping

8.1 You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Site or any services provided via, or in relation to, the Site for any purpose, including the development, training, fine-tuning or validation of AI systems or models. This includes using (or permitting, authorising or attempting the use of):

8.1.1 Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Site or any data, content, information or services accessed via the same.

8.1.2 Any automated analytical technique aimed at analysing text and data in digital form to generate information or develop, train, fine-tune or validate AI systems or models which includes but is not limited to patterns, trends and correlations.

8.2 The provisions in this Clause 8 (no text or data mining or web scraping) should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of the Digital Copyright Directive ((EU) 2019/790).

8.3 You shall not use, and we do not consent to the use of, the Site, or any data published by, or contained in, or accessible via, the Site or any services provided via, or in relation to, the Site for the purposes of developing, training, fine-tuning or validating any AI system or model, or for any other purposes not explicitly set out in the Terms of Use.

8.4 This Clause 8 (no text or data mining or web scraping) will not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

9. Rules about linking to the site

9.1 You may link to the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

9.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

9.3 You must not establish a link to the Site in any website that is not owned by you.

9.4 The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page.

9.5 We reserve the right to withdraw linking permission without notice at any time and for any reason.

9.6 The website in which you are linking must comply in all respects with Clause 7 (Use of material on the site) above.

9.7 You agree to fully indemnify us for any loss or damage suffered by the Activum SG Group for breach of this Clause 9 (Rules about linking to the site).

10. Trade marks

10.1 The “ActivumSG”, “ActivumSG Ventures” and “ASG Iberia” logos are registered trade marks of the Activum SG Group. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under Clause 7 (Use of material on the site) above.

11. Reliance on information on this site

11.1 This material on this website is intended for “investment professionals” as defined in article 19 of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 and must not be acted or relied upon by other persons.

11.2 The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain independent professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.

11.3 Where the Site contains financial information or any information concerning the performance of the entities in the Activum SG Group, we are not providing or agreeing to provide any advice relating to any investment decision that may be taken by you. None of the content on the Site shall constitute:

11.3.1 a solicitation, offer, opinion or recommendation by us to buy, sell, or hold any securities, services, products or other investments; or

11.3.2 the provision of investment, accounting, tax, or legal advice or services regarding any securities, services, products or other investments.

11.4 The Site and its contents are not directed at, nor are intended for distribution to, any legal or natural person who is a citizen or resident of (or located or established in) any jurisdiction where the use of the Site would be contrary to applicable law or regulation, or would subject any entity in the Activum SG Group to any registration or licensing requirement in such jurisdiction. Legal or natural persons who wish to access the Site are required to inform themselves about and observe any legal or regulatory restrictions which may affect their ability to access this site. If there is any doubt, professional advice should be sought.

11.5 Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up to date.

11.6 Where the Site contains forward-looking statements, they will be based on our opinions, expectations and projections at the time of writing. We undertake no obligation to update or revise any forward-looking statements. Actual results may differ materially from those anticipated in any forward-looking statements. We make no representation, and it should not be assumed, that past investment performance is an indication of future results.

12. Websites linked to on the site

12.1 Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

13. Viruses

13.1 We do not guarantee that the Site will be secure or free from bugs or viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.

13.2 You are responsible for configuring your information technology, computer programs and platform to access the Site. You should use your own virus protection software.

13.3 You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise harmfully or illegally interacting with the Site or any part of it. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site or any other equipment or network connected with the Site. You must not interfere with, damage or disrupt any software used in the provision of the Site or any equipment or network or software owned or used by any third party on which this site relies in any way. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

14. Limitation of liability

14.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

14.2 We exclude all implied conditions, warranties, representations or other terms that may apply to the Site or any content on it.

14.3 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

14.3.1 use of, or inability to use, the Site (including, without limitation, loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your use of the Site); or

14.3.2 use of or reliance on any content displayed on the Site.

14.4 Without limitation, we will not be liable for:

14.4.1 loss of income, profits, sales, business, or revenue;

14.4.2 business interruption;

14.4.3 loss of anticipated savings;

14.4.4 loss of business opportunity, goodwill or reputation; or

14.4.5 any indirect or consequential loss or damage.

15. Use of personal information

15.1 We will only use your personal information as set out in our Privacy Policy.

16. Severance

16.1   If any of the Terms of Use is or becomes illegal, invalid or unenforceable in any jurisdiction, that will not effect:

16.1.1 the legality, validity or enforceability in that jurisdiction of any other term or condition in the Terms of Use; or

16.1.2 he legality, validity or enforceability in any other jurisdictions of that or any other term or condition in the Terms of Use.

17. Governing law and jurisdiction

17.1  The Terms of Use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law.

17.2 The courts of England and Wales have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms of Use, their subject matter and their formation.

 [1] Privacy Policy.[2] Cookies Policy