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Terms

TERMS OF USE
www.mogulstrategies.com and Affiliated Websites
Effective Date: February 25, 2025
 

Welcome to www.mogulstrategies.com and its affiliated websites, including but not limited to www.mogulequities.com, www.moguldigitalfund.com, www.mogul.realestate, www.mogultechnologyfund.com, and www.creativeartsfund.com (collectively, the “Websites”), operated by Mogul Strategies, Inc. and its affiliated entities, including without limitation its funds and syndications (collectively, “Mogul Entities,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of the Websites and any services provided through them, including communication services powered by Twilio (collectively, the “Services”). By accessing or using the Websites or Services, you agree to be bound by these Terms. If you do not agree, please do not use the Websites or Services.
 

1. Acceptance of Terms
These Terms constitute a legally binding agreement between you (“you” or “User”) and the Mogul Entities. We may update these Terms from time to time, providing at least 30 days’ prior notice via the Websites or email unless changes are required sooner due to legal, regulatory, or third-party provider (e.g., Twilio) requirements. Your continued use after the effective date of updates constitutes acceptance of the revised Terms.
 

2. Services Overview
The Mogul Entities provide platforms to connect investors, filmmakers, and stakeholders for investment opportunities, project financing, and creative collaborations across various sectors, including U.S. real estate (www.mogul.realestate), securities (www.mogulequities.com), digital assets (www.moguldigitalfund.com), technology (www.mogultechnologyfund.com), and media/creative arts (www.creativeartsfund.com), as well as projects like Fear of the Vax Nots. The Websites may facilitate communications (e.g., SMS, email) via Twilio’s services. Your use of these Services is subject to these Terms and Twilio’s policies, available at www.twilio.com/legal.
 

3. Eligibility
You must be at least 18 years old and legally capable of entering into contracts to use the Services. By using the Websites, you represent that you meet these requirements and are not on any government sanctions lists prohibiting your use of the Services.
 

4. User Responsibilities
a. Account Security: You are responsible for maintaining the confidentiality of any account credentials and for all activities under your account. Notify us immediately of any unauthorized access at sn@mogulstrategies.com.
b. Permitted Use: You may use the Services only for lawful purposes and in compliance with these Terms, applicable laws, and Twilio’s Acceptable Use Policy.
c. Consents for Communications: If you use our Twilio-powered communication features (e.g., SMS), you must:

  • Obtain prior express consent from recipients before sending messages, clearly stating they agree to receive communications from the Mogul Entities of the type you intend to send (e.g., fund updates, project news).

  • Keep records of consent (e.g., signed forms, timestamps of opt-ins).

  • Include in every initial SMS: “Reply STOP to unsubscribe” (or equivalent keywords like STOPALL, UNSUBSCRIBE, CANCEL, END, QUIT).

  • Honor opt-out requests immediately and provide a confirmation message upon unsubscribing.

  • Offer a clear way to seek help (e.g., “Reply HELP for assistance” or contact df@mogulstrategies.com (mailto:df@mogulstrategies.com)).
    d. Prohibited Actions: You may not:

  • Use the Services to send fraudulent, abusive, hateful, or malicious content, or any content designed to evade filters.

  • Reverse engineer, copy, or interfere with the Websites or Twilio’s services.

  • Misrepresent your identity or the origin of communications.

  • Violate any laws, regulations, or telecommunications provider requirements.
     

5. Twilio Compliance
As a user of Twilio-powered features, you agree to comply with Twilio’s Terms of Service, Acceptable Use Policy, Messaging Policy, and Service and Country Specific Requirements (available at www.twilio.com/legal). This includes adhering to country-specific rules for recipients’ locations and obtaining necessary permissions for data processing. The Mogul Entities act as your intermediary with Twilio but are not liable for your compliance with Twilio’s policies.
 

6. Intellectual Property
The Websites’ content, design, and trademarks are owned by the Mogul Entities or their licensors. Services provided via Twilio are on a work-for-hire basis; the Mogul Entities do not claim ownership of Twilio-related intellectual property. You may not reproduce, distribute, or create derivative works from the Websites without our prior written consent, except as permitted by law.
 

7. Confidentiality
Any non-public information shared through the Services (e.g., investment decks, fund details, project specifics) is confidential. You agree not to disclose it without our written permission, except as required by law (with prior notice to us where legally permitted).
 

8. Disclaimers
The Services are provided “as is” without warranties of any kind, express or implied, including fitness for a particular purpose. We do not guarantee uninterrupted access or error-free operation. Neither the Mogul Entities nor Twilio is a financial advisor; any investment-related content is for discussion purposes only.
 

9. Limitation of Liability
To the fullest extent permitted by law, the Mogul Entities, their affiliates, and Twilio shall not be liable for indirect, incidental, or consequential damages arising from your use of the Services. Our total liability shall not exceed $100.
 

10. Indemnification
You agree to indemnify and hold harmless the Mogul Entities, their officers, directors, employees, and affiliates (including Twilio where applicable) from any claims, damages, or costs arising from your breach of these Terms or misuse of the Services.
 

11. Termination
We may suspend or terminate your access to the Services at our discretion, with notice where feasible, if you violate these Terms or Twilio’s policies. Upon termination, you must cease using the Services and return any confidential materials.
 

12. Governing Law & Disputes
These Terms are governed by California law, without regard to conflict of laws principles. Disputes shall be resolved through binding arbitration by JAMS in Los Angeles, California, under its then-current rules, with each party waiving jury trial rights.
 

13. Contact Information
For questions or support, contact:
Mogul Strategies, Inc.
Attn: Simbarashe Ndemera
Email: sn@mogulstrategies.com
Phone: (800) 776-0990

 

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