Legal | Kibanda TopUp 2024

These are the terms governing your use of this website (“Site”). To the extent that you have been directed to these terms from another Kibanda TopUp website that may be hosted on a different domain, please note that these terms will also govern your use of such site. If in doubt as to whether a particular Site is governed by these terms, please contact [email protected]. If you do not agree with these terms you may not use the Site or Services (as defined below).

This Terms of Service (this “Agreement”) sets forth the terms and conditions governing your use of the Site and your access to and use of the information, content and services offered on the Site and available on any associated distribution platforms and any public Kibanda TopUp online social media accounts, platforms, and sites (collectively with the Site, the “Services”). By accessing or using the Services, you agree to be legally bound by this Agreement, as it may be amended from time to time.

Kibanda TopUp, L.L.C. (together with its affiliates hereby referred to as “Kibanda TopUp”) provides investment advisory services only to privately offered Kibanda TopUp funds and does not solicit nor make their services available to the public or other advisory clients.

Note all content provided on this Site and within the Services is provided for general informational or educational purposes only. Kibanda TopUp makes no representations as to the accuracy or information contained on any page on this Site or within the Services. Unless otherwise indicated, the numbers represented in the Services provide a snapshot as at a particular time based on internal estimates which have not been independently verified and may change from time to time.

Kibanda TopUp has established the Site to provide information about its operations and investment advisory activities.

As a condition to your use of the Services, you will not, directly or indirectly: (a) use the Services to infringe the intellectual property rights of others; (b) use the Services or make any attempt to penetrate, modify or manipulate the Services to invade the privacy of any other user of the Services; (c) attempt to modify, erase or damage any information contained on the Site or any device connected to the Services; (d) reverse engineer any portion of the Services; (e) restrict or inhibit others from using the Services; (f) engage in conduct or distribute material that is harmful, obscene, otherwise illegal or objectionable, or gives rise to civil liability; (g) spoof or otherwise impersonate any individual or entity; or (h) violate or attempt to violate the security or integrity of the Services.

Kibanda TopUp reserves the right to investigate and to involve and cooperate with law enforcement authorities, and to pursue a civil lawsuit or criminal prosecution for any alleged or actual harmful or illegal activities involving any of the Services. Kibanda TopUp reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Services, with or without notice. Further, Kibanda TopUp reserves the right to modify this Agreement at any time by posting a notice to the Site. You should visit the Site periodically to review the current terms and conditions.

The Site and the Services are intended solely to provide information regarding Kibanda TopUp. The information provided on the Site and elsewhere pursuant to the Services, including information regarding current and historical portfolio investments by funds advised by Kibanda TopUp, is not intended as a recommendation to purchase, sell or hold any security or that you pursue any investment style or strategy. Under no circumstances is any content or information provided in the Services intended as, nor should you construe it as legal, tax, accounting, investment or other advice from Kibanda TopUp. Such content and information may not be used or relied upon in evaluating the merits of any investment. The past performance of any investment, investment style or strategy is not a guarantee of future results, and it should not be assumed that results for any portfolio companies listed on this Site or in content provided pursuant to the Services will be achieved for other investments.

Views expressed in “posts” (including podcasts, videos, blog posts and social media) are those of the individual Kibanda TopUp personnel quoted therein and are not the views of Kibanda TopUp, unless explicitly stated. Where indicated the Services may include content from guest speakers and any views or opinions expressed in such posts are personal and do not represent those of Kibanda TopUp or any of its staff or affiliates unless explicitly stated.

Any projections, estimates, forecasts, targets, prospects and/or opinions expressed in the Services are subject to change without notice and may differ or be contrary to opinions expressed by others. Any charts provided pursuant to the Services are for informational purposes only, and should not be relied upon when making any investment decision. Certain information contained in content provided in the Services has been obtained from third-party sources, including from portfolio companies of funds managed by Kibanda TopUp. While taken from sources believed to be reliable, Kibanda TopUp has not independently verified such information and makes no representations about the enduring accuracy of the information or its appropriateness for a given situation. The content speaks only as of the date indicated. Content may contain forward-looking statements which involve risks and uncertainties, and actual results may differ materially from any expectations, projections or predictions made or implicated in such forward-looking statements.

The portfolio companies identified and discussed on this Site may not represent all of the portfolio investments of funds advised by Kibanda TopUp. The companies identified were not selected based on the return on the investment in them by funds advised by Kibanda TopUp. Such companies were selected as representative examples that clarify and typify Kibanda TopUp’s investment strategy and not as an exhaustive list of Kibanda TopUp’ investments. These companies are updated from time to time and the note on the “Portfolio” or other relevant page lists the date of the most recent Site update. Portfolio companies listed on this Site may include a select sampling of investments across funds advised by Kibanda TopUp as at the date indicated on the relevant page. At least one Kibanda TopUp fund has invested in one or more rounds of financing for each of the companies listed. Subject to relevant confidentiality restrictions, a full list of portfolio companies for a particular fund is available to prospective investors on request. Not every portfolio investment made by a Kibanda TopUp investment fund will participate in the Kibanda TopUp Program.  Any case study provided is shown for illustrative purposes as an example of potential ecosystem development or education services that could be provided by Kibanda TopUp Incubator, L.L.C., and should not be considered as any advertisement or solicitation of interest to invest into any other Kibanda TopUp fund.

Under no circumstances should any information or content on this Site or within the Services be considered as an offer to sell or solicitation of interest to purchase any securities, including any securities advised by Kibanda TopUp or any of its affiliates or representatives. Further, no content or information on this Site or within the Services is or is intended as an offer to provide any investment advisory service or financial advice by Kibanda TopUp. Under no circumstances should anything herein be construed as fund marketing materials by prospective investors considering an investment into any Kibanda TopUp investment fund. Content contained in the Services including podcasts, videos, blog posts and social media is not directed to any investors or potential investors, and does not constitute an offer to sell — or a solicitation of an offer to buy — any securities, and may not be used or relied upon in evaluating the merits of any investment.

An offer to invest in a Kibanda TopUp-managed pooled investment vehicle will be made separately and only by means of the confidential offering documents of the specific pooled investment vehicles — which should be read in their entirety, and only to those who, among other requirements, meet certain qualifications under federal securities laws. Such investors, defined as accredited investors, are generally deemed capable of evaluating the merits and risks of prospective investments and financial matters. There can be no assurances that Kibanda TopUp’ investment objectives will be achieved or investment strategies will be successful. Any investment in a vehicle managed by Kibanda TopUp involves a high degree of risk including the risk that the entire amount invested is lost. Any investments or portfolio companies mentioned, referred to, or described are not representative of all investments in vehicles managed by Kibanda TopUp and there can be no assurance that the investments will be profitable or that other investments made in the future will have similar characteristics or results. Prospective investors should bear in mind that past results are not necessarily indicative of future results and there can be no assurance any portfolio company of any investment fund advised by Kibanda TopUp will achieve results comparable to those of any company listed on this Site or within content provided pursuant to the Services, or that any investment fund advised by Kibanda TopUp will achieve results comparable to  any prior or existing fund advised by Kibanda TopUp or its principals.

Note the intended audience for certain content on this Site and within the Services is prospective portfolio company founders considering applying to the relevant Kibanda TopUp investment fund for funding, to participate in the Kibanda TopUp Seed or Series A Programs or potential strategic partners and sponsors looking to engage Kibanda TopUp L.L.C.’s strategic partnership services.

Under no circumstances should any statistics, quotations or other content be interpreted as testimonials or endorsement of the investment performance of any Kibanda TopUp funds by a prospective investor considering an investment into any Kibanda TopUp fund.

Any prospective investor should consult with any rely on his, her or its own personal legal counsel, accountant or other advisors as to the legal, tax, and economic implications of any investment opportunity and its suitability for such investor and Kibanda TopUp accepts no responsibility for any loss which may arise from reliance on the information on this Site, within the Services, or any site which is linked from this Site.

Kibanda TopUp, L.L.C. is an exempt reporting adviser, complying with limited reporting requirements to the Securities and Exchange Commission of the United States of America under the Investment Advisers Act of 1940 (as amended) (the “Investment Advisers Act”), solely providing investment advice to venture capital funds. However, such classification as an exempt reporting advisor does not imply a particular level of skill or training or endorsement or supervision by any regulatory body. Other Kibanda TopUp entities operating outside of the United States may or may not be conducting similar activities to Kibanda TopUp, L.L.C. and accordingly, may or may not necessarily have an equivalent regulatory registration or license.

While Kibanda TopUp has taken reasonable steps to ensure that the information contained in these pages is accurate and up-to-date, no liability can be accepted for any error or omissions appearing in this Site or within the Services. Data presented on this Site and within the Services is based on internal estimates as the date indicated on the relevant page and has not been independently verified.

If you are in any doubt as to the validity of information made available in these pages, or if you wish to rely on this information, then it may be in your best interests to seek verification by contacting us.

The pages on this Site are issued in the United States, and comply with appropriate US legislation and regulation. The information provided on the Site is not intended for distribution to, or use in, any jurisdiction where such distribution or use would be contrary to law. You are responsible for compliance with applicable local laws and regulations. We welcome interest and enquiries from users worldwide. However, if you are accessing this Site from outside the US, local legislation and regulation may not permit us to provide services to you in your own country.

The vision and strategy strategy outlined herein represents the current strategy of Kibanda TopUp as at the date indicated on the relevant page, however, actual strategy or specific investment terms may vary at the discretion of Kibanda TopUp management or the general partner of the relevant fund depending on the investment mandate of the particular fund in question.

Note, Kibanda TopUp programs, investor education services, strategic partnership consulting services and events are operated by Kibanda TopUp, L.L.C. and the funds advised by Kibanda TopUp do not participate in any revenue generated by these activities. Such programs and services are provided for educational and informational purposes only and under no circumstances should any content provided as part of any such programs, services or events be construed as investment, legal, tax or accounting advice by Kibanda TopUp, L.L.C. or any of its affiliates. Kibanda TopUp, L.L.C. will under no circumstances provide nor should it be deemed to be providing investment advice as defined under the Investment Advisers Act. Any engagement of consulting services involving the provision of investment advice will not be with Kibanda TopUp, L.L.C. and will be contracted through an affiliate which is appropriately qualified, and shall also be subject to the end-client satisfying certain regulatory conditions.

All logos and trademarks of third parties referenced on this Site are the trademarks and logos of their respective owners. Any inclusion of such trademarks or logos does not imply or constitute any approval, endorsement or sponsorship of Kibanda TopUp by such owners.

Staff listed represent a snapshot of the current team members as of the date indicated and may be subject to change from time to time and such information may not be current. The title “Partner” is used in accordance with customary business practice in the venture capital industry and does not indicate a legal status in a partnership.

This Site and Services may also provide a snapshot of members of the Kibanda TopUp mentor network who provide guidance to our portfolio companies as of the date indicated and may not include all mentors. Note mentors are not employees or independent contractors of Kibanda TopUp and any views or opinions represented by such mentors are personal and do not represent those of Kibanda TopUp or any of its personnel or affiliates