Terms and conditions

1. Definitions

Platform:

the digital platform of NXO Capital Group B.V. accessible via portal.nxocapital.com.

User:

any (legal) person who creates an account on the Platform.

Investor:

a User who enters into an investment agreement via the Platform.

Bond:

a debt instrument issued by NXO Capital Issuer B.V. to finance a real estate project.

Information Document:

the mandatory document per project under art. 53 Wft Exemption Regulation.

2. Applicability

These terms apply to use of the Platform and all agreements concluded via the Platform. By registering you agree to these terms. Deviations are valid only if agreed in writing.

3. Account and verification (KYC)

You are responsible for the security of your account and password. You must verify your identity (KYC) before investing, in accordance with the Wwft. NXO Capital Group B.V. may refuse or terminate an account if verification requirements are not met.

4. The investment process

Investments proceed as follows:

Investing involves risks. Always read the Information Document before investing. You may lose all or part of your investment.

1. You read the Information Document for the relevant project.
2. You place a subscription via the Platform.
3. After the subscription period closes you receive confirmation.
4. Money flows via licensed payment provider OPP.
5. After project completion the principal is repaid per the Information Document.

5. Interest and payouts

The fixed interest per project is set in the Information Document and bond agreement. Payout is monthly unless stated otherwise. Some projects include optional profit sharing; this is described per project and never guaranteed.

6. Payments and payment service provider

All payments go via OPP (Online Payment Platform), a payment service provider under AFM supervision. NXO Capital Group B.V. has no direct access to investor money flows. Deposits and payouts go only to verified bank accounts in the investor's name.

7. Security structure

Security rights (mortgage, pledge) are held by Stichting Zekerheden NXO, an independent foundation acting as Security Agent on behalf of investors. The foundation acts solely in bondholders' interests and is separate from NXO Capital's operating entities.

8. Liability

NXO Capital Group B.V. is not liable for investment loss. We provide a platform for offering and accepting bonds. Results depend on the underlying property. NXO Capital Group B.V.'s liability is in all cases limited to amounts demonstrably arising directly from intent or gross negligence by NXO Capital Group B.V..

9. Intellectual property

All rights to Platform content — including text, images, software, logos and data structures — belong to NXO Capital Group B.V. or its licensors. Nothing may be reproduced, distributed or published without prior written consent.

10. Prohibited use

You may not use the Platform for:

• money laundering or terrorist financing;
• providing false or misleading information;
• circumventing KYC or AML procedures;
• any activity contrary to applicable Dutch or European law.

11. Privacy and cookies

Processing of personal data is described in our Privacy policy and our Cookie policy.

12. Amendment of terms

NXO Capital Group B.V. may amend these terms. For material changes you will be informed at least 30 days in advance by email or via the Platform. Continued use after the effective date constitutes acceptance of the new terms.

13. Applicable law and disputes

Dutch law applies exclusively to these terms. Disputes are preferably resolved by consultation. If that fails, they are submitted to the competent court in the Amsterdam district. NXO Capital Group B.V. is not affiliated with Kifid.