LEGAL

General

These Terms & Conditions apply to Kilonova Capital LLC and its affiliates (“KC,” “we,” “us” or “our”). Please read the following terms and conditions (“Terms”). They govern your use of this website and its associated services, including email newsletters, associated content distribution platforms, and public KC online social media accounts (collectively, “the “Services”). By using the Services, you agree to be bound by these Terms. We may update these Terms from time to time and any modifications will be effective immediately upon posting unless we indicate otherwise. If you use the Services after any changes to the Terms have been posted, that means you agree to all of the changes. We suggest that you review these Terms periodically for changes.

Except as otherwise noted on the Services, all content and material on the Services are the property of KC and should not be used, modified, or reproduced without our prior written consent. All trademarks, trade names, and logos displayed on the Services are the property of KC or their respective third-party owners, and the Services grants no license to them. KILONOVA CAPITAL is a registered trademark in the United States and/or other countries and may not be used without the prior written permission of KC.

KC is an investment adviser registered with the Securities and Exchange Commission. The Services are intended solely to provide general information about KC, its services to entrepreneurs, and its people. Nothing in the Services is directed at nor should be relied upon by any investors or prospective investors in any vehicle managed by KC. KC does not intend to solicit or make its investment advisory services available to the general public.

Under no circumstances should any information provided in the Services be considered as an offer soliciting the purchase or sale of any security or interest in any direct investment vehicle, special purpose vehicle, or pooled investment vehicle (collectively and individually the “investment vehicle”) sponsored, discussed, or mentioned by KC nor should it be construed as an offer to provide investment advisory services. Such offers or solicitations will be made separately and only by means of the confidential offering documents of the specific investment vehicle 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 and qualified purchasers, are generally deemed capable of evaluating the merits and risks of prospective investments and financial matters. There can be no assurances that KC’s investment objectives will be achieved or investment strategies will be successful. Any investment in an investment vehicle managed by KC involves a high degree of risk including the risk that the entire amount invested is lost.

Any investments or portfolio companies described or referred to in the Services are not representative of all investments in investment vehicles managed by KC and there can be no assurance that the investments described are, or will be, profitable or that other investments made in the future will have similar character or results.

Any opinions expressed in the Services reflect KC’s views or those of individual posters, and are subject to change. Certain information contained in the Services has been obtained from third-party sources, including from portfolio companies of investment vehicles managed by KC. While taken from sources believed to be reliable, KC 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 discussions and opinions expressed herein are not intended to provide investment, accounting, tax, or legal advice. Nothing in the Services is a recommendation that you purchase, sell or hold any security or other investment, or that you pursue any investment style or strategy.  The content of this website is presented on an “as is” basis with no warranties, express or implied, of any kind with respect to the Services. Charts provided herein are for informational purposes only and should not be relied upon when making any investment decision.

Certain statements that individual personnel make may constitute “forward-looking statements” under the Privacy Securities Litigation Reform Act of 1995. To the extent any information herein constitutes forward-looking statements (which can be identified by the use of forward-looking terminology such as “may,” “will,” “should,” “expect,” “anticipation,” “upside,” “potential,” “project,” “estimate,” “intend,” “forecast,” “target” or “believe” or comparable terminology), please note that, due to various risks and uncertainties, actual events, results, or performance may differ materially from those reflected or contemplated in such statements. Forward-looking statements are not guarantees and involve risks, uncertainties, and assumptions. KC expressly disclaims any obligation to update any forward-looking statement in the event it later turns out to be inaccurate — whether as a result of new information, future events, or otherwise. Any projections, estimates, forecasts, targets, prospects and/or opinions expressed in these materials are subject to change without notice and may differ or be contrary to opinions expressed by others.

Past results of KC’s investment vehicles, investments, or investment strategies are not necessarily indicative of future results.

Registration with the SEC does not imply a certain level of skill or training. Additional important information about KC, including our Form ADV Part 2A Brochure, is available at the SEC’s website, http://www.adviserinfo.sec.gov.

Privacy Policy

Kilonova Capital LLC (“Kilonova,” “KC,” “we,” “us” or “our”) is committed to addressing privacy issues and wants you to be familiar with how we may collect, use and disclose your Personal Information. This Website Privacy Policy (this “Policy”) describes our practices in connection with Personal Information that we collect through our website from which you are accessing this Policy (the “Website”) as well as through email messages that we may send to you that link to this Policy. “You” or “your” refers to a visitor to or user of our Website as well as job applicants and others who contact us about employment opportunities at Kilonova. By providing Personal Information to us, you acknowledge that you understand and agree to this Policy.

This Policy applies to Personal Information collected by or through our Website or other similar channels. As a company focused on serving the needs of businesses, our Website is not directed to minors and we do not promote or market our services to minors.

If you are located in the European Union, please see additional information under our “European Privacy Rights” section below. If you are a California resident, please see additional information under our “California Privacy Rights” section below.

KC is responsible for the processing of your Personal Information under this Policy. Please direct any questions regarding the processing of your Personal Information as indicated below under the “Contacting Us” section.

1. PERSONAL INFORMATION WE MAY COLLECT 

“Personal Information” means any information relating to an identified or identifiable individual. We may collect the following categories and specific elements of information that, alone or in combination, may be Personal Information depending on the applicable laws in your location:

• Contact Information, such as: name, postal address, telephone number and email address.

• Electronic Information, such as: IP address, cookie ID, hardware identifier, mobile identifiers, browser and device information for the device you used to access the Website and demographic information.

• Social Media Information, such as: social media URL, social media alias, social media profile data and other information depending on the social media platform.

If you choose to apply for job openings or otherwise contact us regarding employment opportunities, we may collect the following:

• Contact Information, such as: name, mailing address, phone number and email address.

• Employment Information, such as: prior employers and dates of employment.

• Education Information, such as: education history, degrees earned and institutions attended.

• Job Qualification Information, such as: resume, CV, educational transcripts and any information contained in or with such documentation.

• Work Eligibility Information, such as: country of residence, visa and immigration status and citizenship.

• Reference Information, such as: name and contact details of your references and information your references provide.

• Compensation Information You Voluntarily Provide, such as: past compensation details and desired compensation details. Note that we do not request past compensation details and any and all such information is provided voluntarily at your election.

• Social Media Information You Voluntarily Provide, such as: social media URL, social media alias, social media profile data and other information depending on the social media platform.

• Background check information, subject to applicable law.

• Sensitive Personal Information, such as: race, disability status and nationality that you provide voluntarily or which we collect on a non-mandatory basis in order to comply with applicable law.

In some instances, we may combine information above that is not identifiable with Personal Information. If we so combine information such that it is Personal Information, the combined Personal Information will be treated by us as Personal Information as long as it is so combined.

If you submit any Personal Information relating to other people to us or to our service providers, such as contact information of references provided in connection with a job application, you are responsible for providing any notices and obtaining any consents that may be necessary for us or our service providers to process such information, and you represent that you have the authority to do so and to permit us and our service providers to use such information in accordance with this Policy.

2. SOURCES OF PERSONAL INFORMATION

We may collect or source Personal Information from the following categories of sources:

From you through the website: We may collect Personal Information directly or indirectly from you through the Website, e.g., when you sign up for a newsletter, create an account, otherwise use our Website, contact us through our communication channels, communicate with us through social media platforms, or interact with us at in-person at events or over the phone. Some information may be collected using cookies or other similar technologies. Please review the section below entitled “Cookies And Other Technologies” for further information.

From other sources: We may receive your Personal Information from other sources, such as public databases; joint marketing partners; marketing service and data providers; social media platforms; and from people with whom you are friends or otherwise connected on social media platforms, as well as from other third parties.

3. HOW WE MAY USE PERSONAL INFORMATION

We may use Personal Information for the following business and other purposes:

• To respond to your inquiries.

• To send administrative information to you, for example, information regarding the Website and Products we offer, and changes to our terms, conditions and policies.

• To complete and fulfill your orders, for example, to process your payments, deliver your order to you, communicate with you regarding your order and provide you with related customer service and support.

• To send you marketing communications that we believe may be of interest to you and otherwise for our marketing, advertising and promotion activities related to our Website.

• To operate, maintain, secure and protect our Website.

• For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying our Website and Products, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.

• To process your job application(s) or otherwise respond to you regarding employment inquiries.

• To engage in other legitimate purposes as required or permitted by applicable law.

• To comply with applicable laws and regulations.

4. HOW WE MAY SHARE INFORMATION

Your Personal Information may be disclosed to the following categories of third parties:

• To any affiliates and subsidiaries for the purposes described in this Policy.

• To our third-party service providers who provide services such as website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure services, customer service, email delivery and other advertising and marketing services, auditing and other similar services.

• To identify you to anyone to whom you send messages through the Website.

• To otherwise share your Personal Information with your consent or pursuant to your instructions.

• To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).

• To a competent authority in response to a request for information if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation or legal process, including to meet national security or law enforcement requirements.

• To law enforcement officials, government authorities or other third parties as necessary to protect our or your rights, property or safety, or that of our business partners, or as otherwise required by applicable law, for example to investigate fraud.

• In an aggregated and de-identified or anonymized form.

• For other legitimate purposes permitted by applicable law.

5. COOKIES AND OTHER TECHNOLOGIES 

Cookies are randomly generated alphanumeric pieces of information that a website transfers to your computer used to browse a website. Cookies allow us to collect information such as browser type, time spent on the Website, pages visited, language preferences and other internet traffic data. Similar technologies may be used instead of or in conjunction with cookies, such as web beacons, which are small, non-recognizable pictures downloaded to your computer when a specific website is loaded.

We use information from cookies and similar technologies for the following purposes:

• To help maintain the security of our Website.

• To facilitate navigation, display information more effectively and to personalize your experience while using the Website, including recognizing you as a unique visitor (with a random alphanumeric identifier).

• To conduct Website analytics to understand how users use our Website and improve the Website.

• To assist your use of the Website.

• To help us resolve questions and other inquiries regarding the Website.

• To allow us to tailor content or advertisements to match your preferred interests.

• To avoid showing you the same advertisements repeatedly.

• To support sales and marketing activities such as campaign analytics and provide direct marketing communications to you if you have consented to receive such communications, where applicable.

TYPES OF COOKIES

Required Cookies: Required cookies are necessary for the operation, maintenance and/or security of our Website.

Functionality Cookies: These cookies collect information about how visitors use our Website, such as which pages visitors go to most often and if they receive error messages from web pages. As set forth above, we may use third parties to help us understand how visitors engage with our Website. This means that when you engage with our Website, your browser automatically sends certain information to these third parties. This includes, for example, the web address of the page you’re visiting and your IP address. These cookies additionally remember choices you make (such as your language or the region you are in) and provide enhanced or more personal features. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages you can customize.

Targeting and Advertising Cookies: These cookies are used to deliver advertising more relevant to you and your interests. They are also used to limit the number of times you see a certain advertisement as well as help measure the effectiveness of the advertising campaigns. They may be placed by third-party advertising networks with our permission. They remember that you have visited a website and may share this information with other organizations such as advertisers.

Two types of cookies may be used on our Websites: session cookies (which are temporary cookies that remain in the cookie file of your browser until you leave the site) and persistent cookies (which remain in the cookie file of your browser for longer, though the time period will depend on the lifetime of the specific cookie).

DISABLING AND ENABLING COOKIES

You can use your browser or device settings to review and erase or delete cookies at any time. Note that by disabling certain categories of cookies you may be prevented from accessing some features of our Website, certain content or functionality may not be available, or the Website may not operate correctly.

Depending on your location, you may also opt out of third-party cookies relating to behavioral advertising by visiting the following websites:

• European Interactive Digital Adverting Alliance (EDAA): www.youronlinechoices.eu and http://www.edaa.eu/

• Digital Advertising Alliance (DAA): http://www.aboutads.info/choices/

• Network Advertising Initiative (NAI): http://optout.networkadvertising.org

Opting out does not mean you will no longer receive online advertising. It does mean that the company or companies from which you opted out will no longer deliver ads tailored to your browsing preferences and usage patterns. You may temporarily continue to see some tailored ads produced from ongoing advertising campaigns.

The above opt-out tools rely on the use of cookies, and to the extent your browser settings impact use of third-party cookies, the above tools may not operate correctly. The above tools also apply only to the browser on which they are exercised. If you want to apply these tools to multiple devices or multiple browsers, you must exercise these tools on each browser and/or device.

DO NOT TRACK

There are different ways to prevent tracking of online activities. Some web browsers may allow you to enable a do-not-track feature that alerts the websites you visit that you do not want your online activities to be tracked. Our Website may not recognize or react in response to do-not- track signals. At present, no generally accepted standards exist on how companies must respond to do-not-track signals. In the event a final standard is established, we will assess and provide an appropriate response to these signals.

GOOGLE ANALYTICS AND OTHER GOOGLE SERVICES

We use Google Analytics to understand how users use our Website. To learn more about Google Analytics and its practices, please visit the Google Analytics web page or the Google Analytics “Safeguarding your data” web page . To learn about adjusting your Google Analytics cookie settings, please visit the Google Analytics browser privacy settings website .

The Website uses font files from Google Fonts and Adobe Fonts. To properly display the Website to you, servers where the font files are stored may receive personal information about you, including:

• Information about your browser, network or device

• Your IP address

SQUARESPACE ANALYTICS

We may use Squarespace, a website analytics provider and hosting platform, or a similar provider, to learn about Website traffic and activity.

• Functional and required cookies are used by Squarespace, our hosting platform, to securely serve the Website to you.

• Analytics and performance cookies are used on the Website, as described below, only when you acknowledge the cookie banner. We use analytics cookies to view site traffic, activity and other data.

6. THIRD PARTY SERVICES

This Policy does not address, and we are not responsible for, the privacy, information, security, data protection or other practices of any third parties, including any third party operating any site or service that links to the Website. The inclusion of a link on the Website does not imply endorsement of the linked site or service by us or by our affiliates. We are not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of other organizations, including social media platforms, such as Facebook, Instagram, Twitter, Apple, Google, Microsoft or any other application developer, application provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including any Personal Information you disclose to other organizations.

7. SECURITY

We implement appropriate physical, technical and administrative measures designed to protect your Personal Information that we maintain within our organization against accidental or unlawful destruction or accidental loss, damage, alteration, unauthorized disclosure or access, as well as all other forms of unlawful processing. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the “Contacting Us” section below.

If we learn of and confirm the occurrence of a security incident leading to the misappropriation or accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, your personal information transmitted, stored or otherwise processed on our systems that compromises the confidentiality, integrity or availability of your Personal Information, we may attempt to notify you electronically by posting a notice on our Website or by sending you an email or otherwise in accordance with applicable law.

8. YOUR CHOICES

In this section, we describe the rights and choices available to you.

Choosing not to provide your Personal Information. You may choose not to provide Personal Information. If you choose not to provide Personal Information (or ask us to delete it), we may not be able to provide you with certain Website functionality or other services. We will tell you what information you must provide to receive the service by designating it as required at the time of collection or through other appropriate means.

Opt out of marketing communications. You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us at info@kilonovacap.com. If you opt out of marketing communications, you may continue to receive service-related and other non-marketing emails.

Cookies & browser web storage and targeted online advertising. We may allow service providers and other third parties to use cookies and similar technologies to track your browsing activity over time and across the Website and third party websites. If business partners collect information about your activities on or through the Website, they may be members of organizations or programs that provide choices to individuals regarding the use of their browsing behavior or mobile application usage for purposes of targeted advertising. For more details, see Section 5 above.

Do not track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

9. RETENTION PERIOD

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is required or permitted by applicable law.

USE OF WEBSITES AND PRODUCTS BY MINORS

The Website is not directed to individuals under the age of eighteen (18), and we request that these individuals do not provide Personal Information through the Website. If you believe that we have mistakenly or unintentionally collected personal information of a minor through our Website without appropriate consent, please notify us as set forth below so that we may immediately delete the information from our servers and make any other necessary corrections. Please see our Terms of Service for more information on use of our Website by individuals under 18.

10. CROSS-BORDER TRANSFER

The Website is controlled and operated by us from the United States. Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Website you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have different data privacy and data protection rules than those of your country. To the extent Personal Information is transferred to a recipient in a country that does not provide an adequate level of protection for Personal Information, we will take measures designed to adequately protect your Personal Information in accordance with applicable law.

11. SENSITIVE INFORMATION

Do not send us, directly or indirectly, any sensitive or special categories of Personal Information (e.g., social security numbers or other national identifiers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Websites or otherwise. We do not require and do not request any sensitive or special categories of Personal Information in connection with our provision of the Website.

12. EUROPEAN PRIVACY RIGHTS

To the extent that European Union (“EU”) data protection laws apply to the processing of your Personal Information, you may have certain choices and means and other rights with respect to the processing of your Personal Information, as outlined below.

To exercise these rights and controls, please contact info@kilonovacap.com.

• Access: You have the right to access a copy of the Personal Information that we hold about you in machine-readable form.

• Correction: You may correct some of your Personal Information if it is inaccurate or if it needs to be updated.

• Deletion: You may secure the deletion of some of your Personal Information, subject to certain legal obligations or exceptions.

• Objections or Restrictions on use: You may object to our processing of some of your Personal Information or restrict or limit our use of some Personal Information about you.

• Portability: If you wish to transfer your Personal Information to another data controller, you may ask us to do so, and we will send it directly to them to the extent feasible.

• Withdrawal of consent: You may withdraw any consents you previously gave us.

Please note that some functionalities may not be available, or we may not be able to fulfill your request, depending on our legal obligations.

Certain other details regarding the processing of Personal Information that individuals located in the EU may be entitled to receive are contained in other provisions of this Policy.

As a security measure, we may need to request specific information from you to help us verify your identity and ensure your right to access your personal information (or to exercise any of your other rights). 

Personal Information collected on or about individuals located in the EU is collected on the following legal bases for processing:

• Necessary for Performance of a Contract: If we or our affiliates have entered into a contract with customers, partners, suppliers or other third parties, we may need to process your Personal Information.

• Consent: Where you have provided your consent for us to engage in marketing activities with you, we may need to process your Personal Information.

• Legitimate Interest: We may need to process your Personal Information where we have a legitimate interest in doing so, such as: (1) to communicate with you in response to your requests, questions, inquiries, and submissions; (2) to conduct advertising, marketing and promotional activities in connection with operating our business; (3) for research and development, security and optimization of our Products and Websites; and (4) to process a job application and communicate with you regarding your interest in employment with us.

• Comply with Legal Obligations: Where we are required to comply with laws or legal obligations.

Note that we may process your Personal Information using more than one legal basis depending on the specific purpose for which we are using your personal information.

Your Personal Information will be hosted in the United States and will therefore be transferred and stored outside of the European Economic Area (the “EEA”). For the purpose of applicable EU laws, such third countries (including the United States) may not offer the same level of data protection as your country of residence.  For further information about the safeguards used, please contact us as set forth below.

Should you wish to lodge a complaint with regards to how your Personal Information has been processed by us, you may contact your local supervisory or data protection authority.

13. CALIFORNIA PRIVACY RIGHTS

If you are a California resident, you may have the right to disclosure of information about our collection, sale or disclosure for a business purpose of your Personal Information, including, to the extent applicable, the following:

• The categories of Personal Information about you that we collected

• The categories of sources of Personal Information we collected

• The categories of third parties with whom we shared your Personal Information

• The business or other purposes for which we collected or sold your Personal Information

• The categories of such Personal Information we sold or disclosed for a business purpose, by category for each category of third parties to whom the Personal Information was sold or disclosed, or we will state that we have not sold or disclosed for a business purpose such consumer’s Personal Information.

• The specific pieces of Personal Information we have collected about you.

The following chart describes the various types of disclosures we make to consumers.

We may disclose the categories of personal information set forth above to the following categories of third parties for business purposes:

• Service Providers

• Public or Government Entities

• Advertising Networks

• Internet Service Providers

• Data Analytics Providers

• Operating Systems and Platforms

• Social Networks

• Consumer Data Resellers

Right to Opt Out of Future Data Sale: 

Certain California residents may have the right to opt out of the sale of their Personal Information for marketing purposes by following the below instructions. 

We do not sell Personal Information to consumers.

Right to Know:

Certain California residents have the right to know what Personal Information we store about them by following the below instructions. Note that the information we provide in a Right to Know request represents a sample of the Personal Information we store about a consumer. We may store other information that may not be related to that consumer or which is overly technical and would likely not be reasonably meaningful or helpful to a consumer.

Right to Deletion:

Certain California residents have the right to request deletion of their Personal Information by following the below instructions. We may, to the extent permitted under the CCPA and other applicable laws, retain and continue to process Personal Information in accordance with certain exceptions.

Non-Discrimination:

California residents have the right not to receive discriminatory treatment for exercising any of the privacy rights conferred by the CCPA, except as permitted under the CCPA. If you believe you have received discriminatory treatment by us for exercising your CCPA privacy rights, please contact us as set forth below.

Submitting Requests:

Do not send us, directly or indirectly, any sensitive or special categories of Personal Information (e.g., social security numbers or other national or state identifiers, health information, biometric data or genetic characteristics, criminal background information, financial account numbers, payment card information, and so on) on or through the Website or otherwise. We do not require and do not request any sensitive or special categories of Personal Information in connection with our provision of the Products, and it is not needed to respond to your requests.

To obtain information or assistance regarding a CCPA request, please see the below instructions:

• Please review the balance of this Policy to determine whether it provides the information you would like to request. 

• If you have an account or accounts with us, please visit your account page in accordance with our Terms of Use to determine whether your request may be fulfilled by visiting your account page.

• If you do not have an account with us, and you want to submit a CCPA request under the Right of Access, Right to Opt out of Future Data Sale, or Right to Deletion, if you believe you have received discriminatory treatment for exercising your CCPA privacy rights, or if you have any other questions related to the CCPA and our processing of your personal information, please request a Privacy Request Submission Form by email to info@kilonovacap.com or print a copy of the online form, complete it based on the drop-down options in the online form, and mail the completed form to Kilonova Capital LLC Attn: Legal, 106 Lincoln Blvd., San Francisco, CA 94129. 

We may need to verify your identity prior to evaluating your request, and if we do not have sufficient information about you to verify your identity, for example, if the only information we have about you is an email address used to send you marketing communications, we may not be able to identify you and will be unable to process your request. We will attempt to verify your identity by, for example, confirming up to three pieces of information you provide in connection with your request match the information we possess about you. We may need to request additional information to sufficiently identify you. If you submit a request on behalf of another consumer as an authorized agent, you must submit additional documentation as set forth below.

Authorized Agents

Authorized agents must submit the following written documentation.

Authorized agents operating as a business must provide:

1. Organizational documents from their state of formation;

2. A written authorization document that includes each consumer’s name, address, telephone number and valid email address, signed and dated by each consumer authorizing the business as the authorized agent to act on behalf of each consumer in making the request; and

3. A valid email address for each consumer for our direct correspondence with each consumer, including as deemed necessary or legally required completion of an identity verification process.

If you are an individual and acting as an authorized agent on behalf of a consumer, please provide:

1. A “power of attorney” signed and dated by the consumer and notarized by a notary public naming the agent as the consumer’s authorized representative, which includes the consumer’s full name, physical address and month/year of birth;

2. If no power of attorney is available, then provide a written authorization document that includes the consumer’s name, address, telephone number and valid email address, signed by the consumer authorizing the agent to act as the authorized agent on behalf of the consumer; and

3. A valid email address for each consumer for our direct correspondence with each consumer, including as deemed necessary or legally required completion of an identity verification process.

Parent/Guardian of Minor Child* 

If you are a parent or guardian of a minor child under 18 and would like to make a request for a right to know or deletion on behalf of the minor child, please provide the following:

• The minor’s verification documents (all are required):

• A certified copy of the minor’s birth certificate or adoption decree

• Health insurance card (issued by the insurance company)

• Medicare/Medicaid are accepted

• Certified school record or transcript or home school notice of intent form that includes minor’s permanent address

• Proof of parental/guardianship identity document that matches the minor’s permanent residence, which includes one of the following:

• Minor’s court order establishing custody

• Minor’s court order establishing guardianship

• Court issued parental responsibility documents (for example, court documents on file with presiding court)

• Current month’s utility bill with parent/guardian’s name and address shown

* For the safety and security of the minor child, no location information will be provided in any Personal Information Request report issued.

“Shine the Light” Law

In accordance with the California Shine the Light law, California residents may request certain information regarding our disclosure (if any) of Personal Information to third parties for their direct marketing purposes. Other than to third party recipients as set forth in this Policy (“How We May Share Information”), or unless you request us to or consent to it, we do not share your Personal Information with third parties for their own direct marketing purposes. For any questions on these practices, please contact us as set forth below.

14. UPDATES TO THIS POLICY

We may update this Policy from time to time. If we believe that the changes are material, we will notify you by an appropriate means. The most current version of this Policy is located on this web page. 

15. CONTACTING US

If you have any questions about this Policy, please contact us by email at info@kilonovacap.com.

Terms of Use

The website located at www.kilonovacap.com (the “Website”) is a copyrighted work belonging to Kilonova Capital LLC (“Kilonova,” “KC,” the “Company,” “us,” “our” and “we”).  We invest in tech companies in need of special situations capital support, providing value to those tech companies, their existing lenders and financiers, and to Kilonova Capital investors seeking a value approach to Silicon Valley.  Certain features of the Website may be subject to additional guidelines, terms or rules, which will be provided or posted on the Website in connection with such features.  All such additional terms, guidelines, and rules are incorporated by reference into this Terms of Use Agreement (the “Agreement”).

THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU ARE ACCEPTING THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE WEBSITE.

1. USING THE WEBSITE

a. Accounts and Applicable Contract Terms

You represent and warrant that: (a) any registration information you submit to the Website is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your personal or company account at any time, for any reason, by following the instructions on the Website. We may suspend or terminate your personal or company account in accordance with the terms of this Agreement. If you register for an account, you will be presented with, and must agree to use and be bound by, the terms of this Agreement. If a separate contract is later executed by any Client and us, this separate contract shall then supersede this Agreement and be known as the Contract (the “Contract”).

b. Account Responsibilities
You are responsible for maintaining the confidentiality of your company account login information, for not sharing it with third parties and for all activities that occur under your company account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your company account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

c. Services
The terms and conditions for the provision of any services by us will be governed by this Agreement or the Contract, as applicable.

2. WEBSITE

a. License
Subject to the terms of this Agreement, we grant to you a non-transferable, non-exclusive license to use the Website for your personal, noncommercial use.

b. Certain Restrictions
The rights granted to you in this Agreement are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Website; (ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website; (iii) you shall not access the Website in order to build a similar or competitive service; and (iv) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Website shall be subject to the terms of this Agreement. All copyright and other proprietary notices on the Website content must be retained on all copies thereof.
c. Modification
We reserve the right, at any time, to modify, suspend or discontinue the Website or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or any part thereof.
d. No Support or Maintenance
You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Website.
e. Ownership
Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks and trade secrets, in the Website are owned by us or our licensors. The provision of the Website does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. We and our affiliats reserve all related rights not granted in this Agreement.

3. USER CONTENT

a. User Content
“User Content” means any and all information and content that you may submit, post, upload or transmit to, by, using or through the Website. You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (as defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by us. Because you alone are responsible for your User Content (and not us), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. We are not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.]]

b. License
You hereby grant, and you represent and warrant that you have the right to grant, to us an irrevocable, nonexclusive, royalty-free and fully paid worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of providing you with the use of the Website. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
c. Acceptable Use Policy
The following sets forth our “Acceptable Use Policy”: 
(i) You agree not to use the Website to collect, upload, transmit, display, or distribute any User Content: (A) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right; (B) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (C) that is harmful to minors in any way; or (D) that is in violation of any law, regulation or obligations or restrictions imposed by any third party.
(ii) In addition, you agree not to use the Website to: (A) upload, transmit or distribute any computer viruses, worms or any software intended to damage or alter a computer system or data; (B) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (C) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (D) interfere with, disrupt or create an undue burden on servers or networks connected to the Website or violate the regulations, policies or procedures of such networks; (E) attempt to gain unauthorized access to the Website, other computer systems or networks connected to or used together with the Website, through password mining or other means; (F) harass or interfere with another user’s use and enjoyment of the Website; or (G) introduce software or automated agents or scripts to the Website so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape or mine data from the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).

d. Enforcement
We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person. Such acts may include removing or modifying your User Content, terminating your account and/or reporting you to law enforcement authorities.

e. Feedback
If you provide us any feedback or suggestions regarding the Website (“Feedback”), you hereby assign to us all rights in the Feedback and agree that we shall have the right to use such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
f. Indemnity
You agree to indemnify and hold us (and our officers, employees and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Website, (b) your User Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

4. THIRD-PARTY SITES & ADS; OTHER USERS
a. Third-Party Sites & Ads
The Website might contain links to third party websites, services and advertisements for third parties (collectively, “Third-Party Sites & Ads”). Third-Party Sites & Ads are not under our control and we are not responsible for any Third-Party Sites & Ads. We provide these Third-Party Sites & Ads only as a convenience and do not review, approve, monitor, endorse, warrant or make any representations with respect to Third-Party Sites & Ads. You use all Third-Party Sites & Ads at your own risk. When you link to a Third-Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Sites & Ads.
b. Release
You hereby release and forever discharge us (and our officers, employees, agents, successors and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Website users or Third Party Sites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
c. DISCLAIMERS
THE WEBSITE IS PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE WEBSITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL OR SAFE. 
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

d. LIMITATION ON LIABILITY
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEBSITE ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR (AND OUR SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) THE AMOUNTS YOU’VE PAID US IN THE PRIOR ONE MONTH (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
e. TERM AND TERMINATION
Subject to this Section, this Agreement will remain in full force and effect while you use the Website. We may (a) suspend your rights to use the Website (including your company account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Website in violation of this Agreement. Upon termination of this Agreement, your personal or company account and right to access and use the Website will terminate immediately. You understand that any termination of your personal or company account involves deletion of your User Content associated therewith from our live databases. We will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your personal or company account or deletion of your User Content. Even after this Agreement is terminated, all provisions that logically ought to survive termination of this agreement shall survive, including without limitation, Ownership, perpetual licenses, Indemnification, Limitation of Liability, Disclaimers and the General provisions.

5. GENERAL
a. Changes to Terms of Use

This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by posting notice of the changes on our Website. Any changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Website. These changes will be effective immediately for new users of our Website. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Website following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

b. Dispute Resolution

1. Governing Law and Venue. This Agreement shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. Any action or proceeding relating to a claim or controversy at law or equity that arises out of or relates to this Agreement or the Site or Services (a “claim”) must be brought in a federal or state court located in San Francisco, California and each party irrevocably submits to the exclusive jurisdiction and venue of any such court in any such action or proceeding, unless such claim is submitted to arbitration as set forth below. Notwithstanding anything to the contrary, we may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information.

2. Contact Us First. If a dispute arises between us, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. You agree that you will notify us about any dispute you have with us regarding our Website by emailing: info@kilonovacap.com.

3. Alternative Dispute Resolution. For any claim where the total amount of the award sought is less than $10,000 USD, the party requesting relief may choose to resolve the dispute through binding non-appearance-based arbitration in accordance with the following: (i) the arbitration will be provided through a nationally-recognized alternative dispute resolution provider mutually agreed upon by the parties; (ii) the arbitration will be conducted in one or more of the following manners at the option of the party initiating arbitration: telephone, online or written submissions; (iii) the arbitration will not involve any personal appearances by the parties or witnesses unless otherwise agreed by the parties; and (iv) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction

4. Improperly Filed Claims. All claims between you and us must be resolved in accordance with this section. All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim contrary to this Section, we may recover attorneys’ fees and costs up to $1,000, provided that we have notified you in writing of the improperly filed claim, and you fail to promptly withdraw the claim. Similarly, should we file a claim contrary to this Section, you may recover attorneys’ fees and costs up to $1,000, provided that you have notified us in writing of the improperly filed claim and we fail to promptly withdraw the claim. The remedies in this subsection will not limit any other remedies that either party may have in law or in equity.

c. Copyright/Trademark Information  

Copyright © 2021, Kilonova Capital LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Website are our property or the property of other third parties.  You are not permitted to use these Marks without our prior written consent or the consent of such third party that may own the Marks.

d. Contact Us

Kilonova Capital LLC
Address: 106 Lincoln Blvd San Francisco, CA 94129
Email: info@kilonovacap.com