Legal
Terms & Conditions
These Terms govern your access to and use of https://265.capital (the "Site") and any content, materials, or services made available through it. By accessing or using the Site, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, please do not use the Site.
1. Operator and contact
The Site is operated by 265 Capital AG ("265 Capital"), a Swiss stock corporation registered with the Commercial Register of the Canton of Zug under CHE-499.376.686, with registered office at Reiffergässli 4, 6300 Zug, Switzerland. Affiliated entity: 265 Capital BV, The Pulse, Hildegard von Bingenstraat 44, 1081 LH Amsterdam, Netherlands.
Contact: jorgo@265.capital.
2. No offer · No advice
The Site is provided for general informational purposes only. Nothing on the Site:
- constitutes an offer, solicitation or recommendation to buy, sell, subscribe for or hold any security, financial instrument, fund interest, digital asset, or other product or service;
- constitutes investment, legal, tax or accounting advice, or a personal recommendation;
- creates an investment-advisory, broker-dealer, fiduciary, or agency relationship between you and 265 Capital.
Any investment decision must be based exclusively on the definitive offering documents of the relevant vehicle (such as a private placement memorandum, prospectus, subscription agreement, and risk disclosure annexes) and on advice obtained from your own qualified professional advisers.
3. Eligibility and target audience
The Site is directed at professional, qualified, institutional and equivalent investors as defined under applicable Swiss, Dutch, Luxembourg and EU regulations — including, without limitation, the Swiss Financial Services Act (FinSA), the Swiss Collective Investment Schemes Act (CISA), the EU Alternative Investment Fund Managers Directive (AIFMD) and AIFMD-light regimes, MiFID II, and the Luxembourg law on alternative investment funds.
The Site is not directed at retail investors, U.S. Persons (as defined under Regulation S), or persons in any jurisdiction where access to or use of the Site, or any product or service referenced on it, would be contrary to applicable law or regulation.
By accessing the Site you represent and warrant that: (i) you fall within an eligible investor category; (ii) your access does not breach any law applicable to you; and (iii) you accept that 265 Capital may decline to enter into any relationship or transaction at its sole discretion.
4. The Novus Cognitive Alpha Fund
References on the Site to the Novus Cognitive Alpha Fund and any related vehicles are for identification only. Such vehicles are offered on a private-placement basis to eligible investors only, in jurisdictions where such an offer may lawfully be made, and only on the basis of the relevant offering documents. Marketing notification, registration, and passporting status varies by jurisdiction and is subject to change without notice.
5. Forward-looking statements
The Site may contain forward-looking statements regarding strategy, operations, financial position, market views and outlook. Such statements are based on current expectations and assumptions that involve known and unknown risks and uncertainties. Actual outcomes may differ materially. We undertake no obligation to update forward-looking statements except as required by law.
6. No performance representations
Any references to historical, hypothetical, simulated, target or estimated performance are illustrative only and are not a reliable indicator of future results. Investments in digital assets, alternative funds, derivatives and OTC instruments are subject to material risk, including the risk of total loss of capital. Past performance does not guarantee future returns.
7. Intellectual property
All content on the Site — including text, graphics, photographs, logos, the "265" mark, the Novus Cognitive Alpha Fund mark, software, layout, and design — is owned by 265 Capital or its licensors and is protected by Swiss, Dutch, Luxembourg, EU and international intellectual property laws.
You may view, download and print Site content for your personal, non-commercial reference only. Any other use — including reproduction, redistribution, modification, framing, scraping, mirroring, indexing in proprietary databases, or use of the content as input or training data for machine-learning models or generative AI systems — is prohibited without our prior written consent.
8. Acceptable use
You agree not to:
- use the Site in any way that breaches applicable law, regulation or these Terms;
- attempt to gain unauthorised access to the Site, its underlying systems, accounts, or any data not intended for you;
- introduce or transmit any virus, worm, trojan, ransomware or other malicious code, or otherwise interfere with the operation, integrity or security of the Site;
- use any automated system (including bots, scrapers, crawlers, or harvesters) to access the Site, other than well-behaved search-engine indexers that respect our robots policy;
- impersonate any person or entity, or misrepresent your affiliation with any person or entity;
- collect, harvest or store information about other users.
9. Third-party links and content
The Site may contain links to third-party websites, applications and services (for example DocSend, LinkedIn, X, Instagram, Microsoft Bookings, Novus Funds, and others). We do not control, endorse, or assume responsibility for the content, privacy practices, security or availability of those resources. Your use of any third-party resource is at your own risk and subject to its own terms.
10. Disclaimers
The Site, and all content and materials made available through it, are provided "as is" and "as available". To the maximum extent permitted by law, 265 Capital disclaims all representations and warranties — express, implied, statutory or otherwise — including warranties of merchantability, fitness for a particular purpose, accuracy, completeness, timeliness, non-infringement, and uninterrupted or error-free operation.
11. Limitation of liability
To the maximum extent permitted by law, 265 Capital and its directors, officers, employees, agents, advisers and affiliates shall not be liable to you or to any third party for any indirect, incidental, special, consequential, exemplary or punitive damages — including, without limitation, lost profits, lost data, loss of opportunity, business interruption, or reputational harm — arising out of or in connection with your access to or use of the Site, even if advised of the possibility of such damages.
Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for fraud, fraudulent misrepresentation, gross negligence, or wilful misconduct.
12. Indemnification
You agree to indemnify, defend, and hold harmless 265 Capital and its affiliates from and against any claim, demand, loss, damage, liability, cost or expense (including reasonable legal fees) arising out of or in connection with: (i) your breach of these Terms; (ii) your misuse of the Site; or (iii) your violation of any applicable law or third-party right.
13. Changes
We may modify the Site, its content, our services and these Terms at any time without prior notice. Continued use of the Site after a change becomes effective constitutes acceptance of the updated Terms. The "Last updated" date at the top of this page indicates when the Terms were last revised.
14. Governing law and jurisdiction
These Terms — and any non-contractual obligations arising out of or in connection with them — are governed by and construed in accordance with the substantive laws of Switzerland, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods.
The exclusive forum for any dispute arising out of or in connection with these Terms or the Site is the ordinary courts of the Canton of Zug, Switzerland, subject only to mandatory consumer-protection forum rules that may apply at your place of habitual residence.
15. Severability and entire agreement
If any provision of these Terms is held invalid, illegal or unenforceable by a competent court, the remaining provisions shall remain in full force and effect, and the invalid provision shall be replaced by an enforceable provision that most closely reflects the original economic intent. These Terms, together with our Privacy Statement, constitute the entire agreement between you and 265 Capital regarding the Site and supersede any prior understanding or arrangement.