With Intelligence: Notice concerning submission of fund data

This notice sets out the terms which apply to: (a) your firm’s submission of information relating to your firm and fund data in relation to the fund or funds managed by your firm (the “Fund Data”) to insert With Intelligence Limited and/or our affiliate group companies  (“we” or “us”); and (b) the subsequent use of the Fund Data by us and our affiliates, including (without limitation) through its inclusion in our With Intelligence platform (the “Platform”) or use in connection with related services (the “Related Services”).  By submitting any Fund Data to us following your receipt of this notice, you indicate your firm’s agreement to the terms set out in this notice.

Accessibility of Fund Data and your firm’s responsibility to keep it up to date. The Fund Data that you submit to us will be accessible to all end users of the Platform and the Related Services, which include (without limitation) other fund managers and potential investors. In addition, we may be legally compelled to disclose the Fund Data. The usefulness of the Platform and Related Services to their end users depends upon your firm's and others’ timely submission of updated information. Your firm shall use its best efforts to provide current, updated Fund Data as soon as practically possible.

Your firm is responsible for information submitted to us. The information you submit to us and which we use in connection with the Platform and the Related Services is your firm’s responsibility. We have not taken, and will not take, any steps to verify the adequacy, accuracy or completeness of such information. You warrant on behalf of your firm that the Fund Data you provide to us is complete and accurate, does not contain any untrue statement of a material fact and does not omit to state a material fact necessary in order to make the statements contained therein, in light of the circumstances in which they are made, not misleading.

Exclusion of liability. Except that nothing in this notice shall purport to limit or exclude our liability for death or personal injury caused by our negligence, our fraud or fraudulent misrepresentation or any other loss or liability for which our liability cannot be limited or excluded under applicable law: (a) you and your firm submit the Fund Data to us at your own risk; and (b) we shall have no liability to you, your firm or any other person for any losses, damages, liabilities, claims, costs or expenses (“Losses”) that arise out of, or in connection with, your submission of the Fund Data, its use in connection with the Platform or the Related Services or any person’s reliance on the Fund Data.

Other terms. We do not act as an agent for your firm or for any other user of the Platform or the Related Services. You acknowledge on behalf of your firm that some of the persons who may use the Platform or Related Services are "US Persons," as such term is defined in the securities and tax laws of the United States.