Privacy Policy 1

Important Disclosures

KORA MANAGEMENT LP

Terms of Use

Last Updated: March 21, 2024

THESE TERMS OF USE (“TERMS OF USE”) GOVERN YOUR USE OF THE WEBSITE LOCATED AT WWW.KORACAP.COM (THIS “SITE”) AND ALL CONTENT AND SERVICES AVAILABLE VIA THIS SITE.

Acceptance of Terms of Use. This Agreement (as defined below) states the terms and conditions under which you may use this Site and all Content (as defined below) and services available therein (the “Services”). Please read this Agreement carefully. The Site contains various information in the form of data, text, graphics, reports, and other materials relating to Kora Management LP (“Kora”, “we”, “us” or “our”) as well as third-party content (collectively, the “Content”). By accessing, browsing, or using the Site or the Services, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use and the terms and conditions of our Privacy Policy, which is incorporated by reference (collectively, this “Agreement”). IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS SITE AND THE SERVICES. We reserve the right to amend this Agreement at any time and from time to time. If you use the Site or the Services after the amended Agreement has been posted, you will be deemed to have agreed to the amended Agreement.

Use Restrictions. You are expressly prohibited from (i) using any robot, spider, other automatic device, or manual process to monitor, “mine,” or copy the web pages on the Site, (ii) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Site, and (iii) taking any action that imposes an unreasonable or disproportionately large load on our infrastructure.

Intellectual Property Rights in this Site. You acknowledge that the Site, Services, and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of Kora or Kora’s licensors. You shall comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part.

All trademarks, logos and services marks displayed on the Site and the Services, if any, are trademarks belonging to us, our affiliated entities, our licensors, or other applicable parties (collectively, the “Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Site, without our prior written permission in each instance. All goodwill generated from the use of the Trademarks will inure to our benefit, our affiliated entities, or our licensors, as the case may be.

Copyright Infringement Complaints and Notification Procedures. If you believe that any of this Site’s content violates your or a third party’s copyright, please notify us at info@koracap.com by providing the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on this Site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.

Linking and Framing. We prohibit the use of any links to the Site from any other websites unless establishment of such a link is approved in advance by us in writing. You may not frame any elements of the Site with any other website. The Site may periodically provide links to third-party websites. This Agreement governs only the Site and not any such third party websites. Our decision to link to a third party website is not an endorsement of the content or services in that linked third party website. If you decide to access linked third-party websites, you do so at your own risk. You should direct any concerns regarding any third-party websites to the administrator of the applicable third-party website.

Unsolicited Information. By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to us through the Site, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information to us through the Site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We, or any of our affiliated entities, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliated entities are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the Site for any purpose whatsoever, including developing, manufacturing, and marketing products. By submitting any Unsolicited Information to the Site, you are granting us and our affiliated entities a perpetual, royalty-free, and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.

No Responsibility for Connectivity. You are responsible for the means you use to access the Site and the Services and all costs associated therewith. We are not responsible for the performance of your hardware, software, the internet, your internet service provider, and other third parties involved in connecting you to the Site.

Disclaimer of Warranty. THE SITE, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

THE SITE AND THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR OTHER ERRORS LISTED ON OR OMITTED FROM THE SITE AND THE SERVICES. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SITE AND THE SERVICES AT ANY TIME WITHOUT NOTICE. TO THE EXTENT NOT PROHIBITED BY LAW, WE DO NOT GUARANTEE THAT THE SITE OR SERVICES WILL BE ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.

No Offers or Reliance. No material available through the Site shall be used or considered as an offer to sell or a solicitation of any offer to buy the securities or services of any of our affiliated entities. Offers can only be made where lawful under, and in compliance with, applicable law. We are not utilizing the Site to provide investment or other advice, and no information or material available through the Site is to be relied upon for the purpose of making or communicating investment or other decisions. We do not advise on the tax consequences of any investment. To the extent that past performance is available through the Site, past performance is not indicative of future results, and no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.

All materials on this Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosures, or hedge clauses apply to any partial document or material in the same manner as they do to the whole and will be deemed incorporated in the portion of any material or document that you consult or download.

Please remember that different types of investments involve varying degrees of risk, and there can be no assurance that the future performance of any specific investment or investment strategy (including those undertaken or recommended by Kora), will be profitable or equal any historical performance level(s). Investments in funds and accounts managed by Kora may lose value. Investment results will fluctuate.

Investments discussed on the Site, if any, may not be suitable for you. You should make your own investment decisions based upon your own financial objectives and financial resources and should obtain independent investment and tax advice before deciding to invest.

No Guaranteed Results. Kora obtains information from a wide variety of publicly available sources. The recommendations developed by Kora in connection with its services are based upon the professional judgment of Kora, and Kora cannot and does not guarantee the results of any recommendations.

Strategies May Change with Market Conditions. Notwithstanding the information presented on the Site, investors should understand that Kora is not limited with respect to the types of investment strategies it may employ or the markets or instruments in which it may invest, subject to the terms set forth in any offering and/or governance documents. Over time, markets change and Kora seeks to capitalize on attractive opportunities wherever they might exist. Depending on conditions and trends in the capital markets and the economy, Kora may pursue objectives or employ techniques it considers appropriate, which may differ from the objectives, techniques or investments described on this Site.

Forward-Looking Statements. The Site contains certain “forward-looking statements,” which may be identified by the use of such words as “believe,” “expect,” “anticipate,” “should,” “planned,” “estimated,” “potential,” and other similar terms. Examples of forward-looking statements include, but are not limited to, estimates with respect to financial condition, results of operations, and the success or lack of success of Kora’s investment process or strategy. All are subject to various factors, including general and local economic conditions, changing levels of competition within certain industries and markets, changes in interest rates, changes in legislation or regulation, and other economic, competitive, governmental, regulatory, and technological factors affecting Kora’s operations that could cause actual results to differ materially from projected results.

Limitation of Liability. KORA’S LIABILITY WITH RESPECT TO THE SITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) NONE OF KORA, ITS AFFILIATED ENTITIES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, THE “KORA PARTIES”) SHALL BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SITE, THE SERVICES, OR THE CONTENT, EVEN IF SUCH KORA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE, THE SERVICES, OR THE CONTENT SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100). YOU ASSUME ALL RISKS OF LOSS RESULTING, DIRECTLY OR INDIRECTLY, FROM THE USE OF THE INFORMATION CONTAINED ON THE SITE. BY USING THE SITE, YOU ACKNOWLEDGE AND AGREE TO HOLD HARMLESS THE KORA PARTIES FROM ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY CLAIMS OF NEGLIGENCE, ARISING OUT OF, RESULTING FROM, BY REASON OF, OR IN CONNECTION WITH THE USE OF THE INFORMATION CONTAINED ON THE SITE.

Indemnification. You shall indemnify and hold harmless the Kora Parties for any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Site or the Services, or any violation of this Agreement.

Privacy. Our policies with respect to the collection and use of information collected through the Site can be found in our Privacy Policy, which is hereby incorporated by reference in its entirety and made a part of this Agreement.

Termination and Assignment. We reserve the right, in our sole and absolute discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site and/or the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site and/or the Services at any time without prior notice or liability. We reserve the right to assign this Agreement in whole or in part at any time without your consent. You may not assign this Agreement or delegate any of your obligations under this Agreement, and any purported assignment of this Agreement in violation of this Agreement is void. This Agreement constitutes the entire understanding, and supersedes all other understandings, between you and Kora concerning the subject matter hereof.

Electronic Communications and Contracting. By assenting to this Agreement, you agree that a printed version of this Agreement and all other agreements entered into by you on the Site in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Compliance with Applicable Laws. The Site and the Services are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site, the Services, or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Applicable Law, Jurisdiction, and Arbitration. These Terms of Use shall be governed by the law of the State of New York, without regard to its choice of law rules. Notwithstanding the foregoing, any issue concerning the extent to which any dispute is subject to arbitration, or concerning the applicability, interpretation, or enforceability of these procedures, including any contention that all or part of these procedures are invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators as provided herein.

YOU AGREE TO RESOLVE BY ARBITRATION ANY CONTROVERSY ARISING BETWEEN YOU AND KORA AND/OR ANY OF OUR RESPECTIVE CONTROL PERSONS, PREDECESSORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, AND EMPLOYEES.

With respect to the resolution of any such controversy, you further acknowledge that:

Arbitration is final and binding on the parties.
The parties are waiving their right to seek remedies in court, including the right to jury trial.
Pre-arbitration discovery is generally more limited than and different from court proceedings.
The arbitrators’ award is not required to include factual findings or legal reasoning and any party’s right to appeal or to seek modification of rulings by the arbitrators is strictly limited.

Any arbitration under this Terms of Use shall be conducted in New York, NY before a panel of three (3) arbitrators pursuant to the Commercial Arbitration Rules of the American Arbitration Association, except to the extent that such rules are modified by this Terms of Use. Arbitration is initiated by a party serving the other party with a written demand for arbitration or a written notice of intention to arbitrate.

No person shall bring a putative or certified class action to arbitration nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated a putative class action in court or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: the class certification is denied; or the class is decertified; or the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Terms of Use except to the extent stated herein.

Miscellaneous. If this Agreement is terminated in accordance with the Termination provision above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: Intellectual Property Rights in this Site, Disclaimers and Limitation of Liability, Indemnification, and Miscellaneous. This Agreement contains the entire agreement between Kora and you concerning the Site and supersedes all existing agreements and all other oral, written or other communication between Kora and you concerning the Site. You shall comply with all laws, rules, and regulations that are now or hereinafter promulgated by any government authority or agency that govern or apply to the operation and use of the Site. Without limiting the generality of the foregoing, you shall comply with such restrictions and not export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. You are prohibited from any use of the Site that would constitute an illegal offense, give rise to liability, or otherwise violate any applicable local, state, national, or international law or regulation. All rights not expressly granted herein are reserved by us.

How to Contact Us. If you have any questions, comments, or concerns about this Privacy Policy or the information practices of the Site, please contact us at info@korcap.com.