Pronounced Destiny

Terms of Use

Destiny is pleased to offer you access to our website, and other services that we may provide online via social media networks.


Destiny XYZ Inc. and its affiliated companies (“Destiny”, us, we, etc.) collectively publish and operate a software platform (the “Platform”) and publish data relating to private technology companies (the “Data”). The Platform is available on the website destiny.xyz (collectively, the “Site”).


These Terms of Use (the “Terms”) are a binding agreement between Destiny on the one hand, and the individual (“you”) who accesses, browses, or in any way uses the Platform, the Site, any other related application, any services thereon, or other related services offered by Destiny (all together, Destiny’s “Services”).


By visiting the Site, using the Services, signing an agreement that incorporates these Terms, registering as a “Site Member” (as described below), or otherwise indicating or manifesting your assent, you acknowledge that you have read, understood, agreed to enter into, and will abide by these Terms, Destiny’s Privacy Policy as described below, and all notices, rules, policies, and procedures that we may publish on the Site.

If you use the Services as an approved proxy for another individual (e.g. your work supervisor or a client) and/or on behalf of one or more business entities you or they own, manage, or advise (such as funds or holding companies), then you agree to these Terms on your own behalf and on behalf of those individuals and entities (to which references to “you” also apply), and may only use the Services if you have the authority from each such individual and entity to do so. If you setup multiple accounts, you are making a separate agreement between each of them and Destiny.


If at any time you do not agree with these Terms or the Privacy Policy, do not use or continue to use the Site or the Services.


THE SECTION BELOW TITLED “DISPUTE RESOLUTION” CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

 


NOTHING IN THIS DOCUMENT OR ON DESTINY’S SITE CONSTITUTES INVESTMENT ADVICE. 

I. Membership Types



Enter some teAll who access our Site, the use of our Services, and/or agree to these Terms are considered “Members.” There are three types of Members:


  • “Visitors”, who are visiting the Site or accessing the Services for any reason;“


  • Site Members”, who have established an online account (or if applicable an entity listing on an account) on the Site (their “Site Account”), so long as their account is still active and has not been blocked, suspended, disabled, or terminated; and


  • “Authorized Members”, who are Site Members Destiny has approved and acknowledged to meet conditions Destiny may establish, including without limitation “know your customer”, anti-money laundering, and other diligence checks.


II. General Terms

By accessing our website and social media platforms, you acknowledge that we are not utilizing this site to provide investment or other advice. Nothing that Destiny posts on these sites should be construed as personalized investment advice or a recommendation that you buy, sell, or hold any security or other investment or that you pursue any investment style or strategy.


You should assume that as of the publication date of any tweet, post or communication referencing any publicly traded security, Destiny (including its affiliates, Adviser, or Funds) may have a position in that security and therefore stands to realize significant gains in the event that the price of security moves. Following publication of any report or letter, we intend to continue transacting in the securities covered therein, and we may be long, short, or neutral at any time thereafter regardless of our initial position or recommendation.


We have compiled our research in good faith and while we use reasonable efforts to include accurate and up-to-date information, our website and social media posts are provided on an “as is” basis with no warranties of any kind. We do not warrant that the information on the website or social media posts is accurate, reliable, up to date or correct. In no event should Destiny be responsible or liable for the correctness of any such research or for any damage or lost opportunities resulting from use of our data.


All content posted to the website and our networks such as graphics, logos, articles and other materials, is the property of Destiny or others and is protected by copyright and other laws. All trademarks and logos are the property of their respective owners, who may or may not be affiliated with Destiny.


Nothing contained in this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any content or trademark displayed on any site without the written permission of Destiny or such other third party that may own the content or trademark displayed on any site.


You should be aware that the internet, being an open network, is not secure. If you choose to send any electronic communications to us, you do so at your own risk. Destiny cannot guarantee that such communications will not be intercepted or changed or that they will reach us safely. We will endeavor to use reasonable measures to ensure that our website and electronic platforms are reasonably secure. However, we cannot guarantee that any information displayed has not been interfered with without our consent.


We do not guarantee that the website and other electronic platforms, applications or other materials will be free from viruses (including, without limitation, spyware, malicious software, worms, trojan horses and harmful or contaminating code).


Destiny does not represent that any governmental agency has necessarily reviewed the Site, or has passed upon either the adequacy of the disclosure contained. Further, companies who are described on the Site or as part of the Services may not have approved and may not know about, the Site, Services, or any data contained therein.



WE STRONGLY ADVISE ALL PERSONS AND ENTITIES WHO ELECT TO PARTICIPATE IN ANY FINANCIAL TRANSACTIONS TO CONSULT LEGAL, TAX, AND FINANCIAL PROFESSIONALS BEFOREHAND, CAREFULLY REVIEW ALL THE SPECIFIC RISK DISCLOSURES PROVIDED AS PART OF ANY TRANSACTION MATERIALS, AND REQUEST ANY ADDITIONAL INFORMATION.


The information on this website is for informational purposes only and is subject to change without notice. Products and services described on this website may not be suitable for all users. The contents hereof do not constitute an offer or a solicitation to buy or sell any financial instrument, products, or services.


Furthermore, the contents herein are not intended for access by, distribution to, or use by, any person or entity in any jurisdiction or country where such access, distribution, or use would be contrary to local law or regulation.


Not all products and services mentioned on this website are available in all jurisdictions.


Certain portions or pages of this website are subject to additional disclosures and disclaimers. In the event of a conflict between these disclosures and disclaimers and these terms and conditions, the additional disclosures and disclaimers will govern such portions and pages.


Destiny may provide a link to other sites through this website. Destiny does not control any third-party site and makes no representations concerning the content of any such site, and expressly disclaims any liability with respect thereto.


The content on our website and other social media platforms contains forward-looking statements, which reflect our current views with respect to, among other things, the market. You can identify these forward-looking statements by the use of words such as “outlook,” “believe,” “expect,” “potential,” “may,” “should,” “seek,” “approximately,” “predict,” “intend,” “will,” “plan,” “estimate,” “anticipate” or the negative version of these words or other comparable words. Forward-looking statements are subject to various risks and uncertainties.


Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. We undertake no obligation to publicly update or review any forward-looking statement, whether because of new information, future developments or otherwise.


Performance data represents past performance, and past performance does not guarantee future results. Performance data is subject to revision following each monthly reconciliation and/or annual audit. Current performance may be lower or higher than the performance data presented. Destiny is not required by law to follow any standard methodology when calculating and representing performance data.


The performance of Destiny funds may not be directly comparable to the performance of other private or registered funds. Investors may obtain the most current performance data and prospectus for a Destiny fund by sending a request via email to [email protected].


III. Social Media Disclosures

The opinions and views expressed on social media sites are those of Destiny and are as of the date published and are subject to change without notice. Our social media sites are owned by third parties unaffiliated with Destiny.


They are for information purposes only and should not be used or construed as an offer to sell, a solicitation of an offer to buy, or a recommendation to buy, sell or hold any security, investment strategy or market sector. No forecasts can be guaranteed. There is no guarantee that the information supplied is accurate, complete, or timely, nor are there any warranties with regards to the results obtained from its use.


Past performance is no guarantee of future results. Investing involves risk, including the possible loss of principal and fluctuation of value. We do not provide specific investment advice or offer recommendations. Information provided is not intended to be and should not be considered tax, legal, or accounting advice.


Follows, retweets, replies, “likes”, links to, or any interaction with third-party content in no way constitutes Destiny’s endorsement of an individual or entity. Additionally, third-party opinions and comments presented on our social media pages do not represent the opinion of Destiny.


To ensure we meet the regulations governing our industry, Destiny reserves the right to remove any third-party comment that contains reference to the investment merits of Destiny, or those that could be construed as an investment testimonial or endorsement of our products, services, or our employees.


Destiny, in our sole discretion, may remove comments that are clearly off-topic, make unsupported claims, promote unrelated content or spam, or are believed to be unlawful, abusive, offensive, or inappropriate. Destiny does not control, is not responsible for and does not expressly or otherwise adopt or endorse any comments, opinions or expressions made by social media users. Destiny accepts no responsibility for content on third-party sites.


Please keep in mind that social media platforms are public spaces. We encourage you to read the terms within each social media site to protect your privacy. Please avoid posting personal or confidential information specific to your account or relationship with Destiny.


Please contact Destiny with any questions or contact your financial advisor to assist you. Nothing on these pages is intended to be, nor should be considered, a solicitation or offering of any investment products or services to investors residing in any jurisdiction where the offer or solicitation would be unlawful under the securities laws of such jurisdiction.


Investors should carefully consider investment objectives, risks, charges, and expenses before investing. Please read all documents governing the investment carefully before making any decisions.


IV. Representations and warranties by you

You, the individual user of the Site or Services, expressly represent, warrant, and agree to the following:


  • You are at least 18 years old, are of the age of majority in the jurisdiction in which you live or are otherwise able to enter contracts as an adult, and have the right, authority, and capacity to agree to these Terms, on your own behalf and on behalf of your organization or entity if any.


  • All of the information, forms, documents, or other material you submit are true and accurate to the best of your knowledge.


  • You are using your real name and personal identity, and the real name and identity of any organization or entity, and not impersonating another person, a fictitious person, or an avatar.


  • You are using the Site and Services on your own behalf or that of your organization or entity, not as an agent, designee, or representative of another party — if you are a designee of another individual, please contact [email protected] for further instructions.

V. Covenants by you

You agree not to do any of the following, either directly by interacting with the Site and Services, or by direct communication with Destiny personnel:


  • Do things that cause any of the representations and warranties above to be untrue, inaccurate, or misleading, or continue to use the Site or Services upon learning that any of them are untrue, inaccurate, or misleading.


  • Misrepresent, or provide any information (or by failing to fully disclose any relevant information create an implication) that you know or should know to be inaccurate, incomplete, false, or misleading, concerning yourself and your financial information.


  • Create Site Accounts under false or assumed identities, impersonate a person other than yourself, or create multiple or “sockpuppet” Site Accounts.


  • Provide or link to fake identities, or accounts that are not your own, on other services such as AngelList, LinkedIn, a financial institution, or an online brokerage or stock and option management service.


  • Attempt to gain or solicit access to secured or private portions of the Site or Services, other than those that you are permitted to use.


  • Allow others to use or access your Site Account, create accounts to be used by or on behalf of multiple persons, or otherwise allow unauthorized use of your Site Account

.

  • Create new Site Accounts after your Site Account has been blocked, suspended, disabled, or terminated.


  • Modify, republish, sublicense, or create derivative works based upon any content you receive from the Site or as part of the Services, except for content that is explicitly designated in writing by Destiny as licensed for republication.


  • Use a bot, custom application, automated tool, or means other than a commercial web browser or Destiny-supplied mobile application to access the Site.


  • Gather, scrape, spider, compile, create a database of, or otherwise harvest any information from the Site or Services, by manual or automated means.


  • Decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Site or your Site Account.


  • Cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Site or your Site Account.


  • Circumvent, remove, alter, deactivate, degrade, or thwart any of the protections in the Site or your Site Account.


  • Use the Site or your Site Account to collect any market research for a competing business.
  • Take any action that imposes or may impose (in Destiny’s sole discretion) an unreasonable or disproportionately large load on its technical infrastructure.


  • Use any robot, spider, scraper, or other automated means not provided by Destiny to retrieve, index, download, or store any portion of the Site or Services.


  • Attempt to gain, or solicit, access to secured or private portions of the Site or Services, or access any other person’s Site Account or information, except as permitted by Destiny.


  • Upload or transmit any form of virus, worm, Trojan Horse, code injection, phishing attempt, or other malicious information or code.


  • Include any meta tags, hidden code, or other hidden text in connection with any content you upload to the Site or Services.


  • Interfere with proper functioning of the Site and Services.


  • To the extent you communicate with Destiny personnel or others in the Destiny community, engage in any vulgar, bullying, pornographic, offensive, threatening, libelous or defamatory, illegal, or otherwise inappropriate behavior, including by means of oral or written communications, images, or files.


  • Disable or impair the operation or appearance of the Site, employing tactics such as a denial of service attack.


  • Use the Services in a way that violates the securities laws and regulations in the United States, or in the jurisdiction in which you are operating, or that violates any judgments, agreements, or obligations to which you or bound, or that knowingly causes other Members to do so.


  • Upload any information that is confidential, proprietary, or owned by a third party, unless you notify us as such.


  • Post or supply any Content (described below) that constitutes defamation, copyright or trademark infringement, a legal violation, that is objectionable, obscene, inflammatory, fraudulent, harassing, invasive of the privacy or confidences of others, that interferes with the use and enjoyment of the Site by others, that is promotional or a form of solicitation.

You agree to immediately notify Destiny if you:

  • Become aware of any loss or theft of your Site Account, password, or any other security codes.


  • Become aware of any unauthorized use of your Site Account, password, or any other security codes.


  • Change your email address, residential address, or any other information that you have provided to Destiny

VI. Intellectual Property, Proprietary Information, and Ownership


We reserve all rights that are not expressly granted to you by these Terms. As between you and Destiny, Destiny alone shall own all rights, title, and interest, including all related intellectual property rights in and to the following (collectively, Destiny’s “Content”):


  • Any information offered about companies described on the Site or Services (other than information you provide), including their capitalization, valuation, and history.


  • All documents, contracts, forms, and copyrightable text and images appearing on the Site or Services, other than any that you have uploaded.


  • Any communications among you, Destiny, other Members.


  • Any text, images, graphics, videos, audio files, charts, tables, software, scripts, photos, interactive features, copyrighted materials, trademarks, service marks, icons and logos: (i) that are part of the Site or Services, or (ii) displayed or provided to you on the Site or as part of the services.


All of the Content is subject variously to copyright, trade secret, confidentiality, and other rights under United States and foreign laws. Except as provided in these Terms, no part of Destiny’s Content, and none of Destiny’s proprietary rights therein, are licensed to you for any purpose. No part of Destiny’s Content may be reproduced, recorded, retransmitted, sublicensed, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, websites or other medium or for any commercial purpose, except as provided in these Terms, without Destiny’s prior express written consent for each and every instance.


Any information, data, passwords, usernames, PINs, other log-in information, contracts, documents, materials or other content (collectively, “User Content”) you provide in connection with the Services, you give Destiny a limited license, free of any charge, to use such information for purposes of providing the Service, research, study, updating and building its repository of information about companies and shareholders, including any incidental distribution, sublicense, or creation of derivative works in connection therewith. If you are under any agreement or duty with your entity or organization to restrict access to your User Content, it is important that you carefully avoid disclosing information to us that you are not entitled to disclose, and in the case of information that we must keep confidential, that you notify us so that we may take appropriate steps to do so.


“As between you and Destiny” indicates that such rights are relative. Destiny may not be the underlying owner of all of the Destiny Content. Some of it may have been granted or licensed to Destiny from various other Members or other third parties. However, to the extent that Destiny holds any rights in or to such materials, Destiny grants you only the license contained herein.


Destiny welcomes and encourages you to provide feedback, comments, and suggestions for improvements to its website and its services (“Feedback”). Although Destiny encourages you to e-mail it, it does not want you to, and you should not, e-mail it any content that contains confidential information. With respect to any Feedback you provide, Destiny shall be free to use and disclose any ideas, concepts, know-how, techniques, or other materials contained in your Feedback for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation or attribution to you.

VII. Termination


We may change or discontinue the Site or any Services, at any time, without prior notice. Further, we may discontinue, block, or suspend your Site Membership and Site Account at any time, for any reason or for no reason. Without limiting the foregoing, Destiny may do so should it determine (in its sole discretion, which shall not be subject to review) that you have violated these Terms or the Privacy Policy, or otherwise engaged in actions that are inappropriate, inoffensive, or detrimental to Destiny or to other Members.

You are free to terminate your Membership at any time by submitting a written request to delete your Site Account or using any Site features Destiny provides to do so. In the event of a termination or suspension of your Membership:


  • These Terms remain enforceable against you in connection with any breach. Destiny reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive remedies.


VIII. Indemnification


By entering into these Terms and using the Services, you agree that you shall defend, indemnify and hold Destiny, its licensees and each such party's parent organizations, subsidiaries, affiliates, officers, directors, members, shareholders, employees, attorneys, agents, and representatives (collectively, “Indemnitees”) harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with your violation or breach of any part of these Terms or any applicable law or regulation, whether or not referenced herein. This indemnification obligation will survive the termination of these Terms.


IX. Disclaimer of warranties and limitations on liability


DESTINY DOES NOT COLLECT ANY FUNDS, EXECUTE ANY TRANSACTIONS, OR OTHERWISE ACT AS A BROKER-DEALER, MONEY TRANSMITTER, MONEY SERVICES BUSINESS, BANK ACCOUNT, BROKERAGE ACCOUNT, OR OTHER FINANCIAL ACCOUNT. DESTINY STRONGLY RECOMMENDS THAT IN CONNECTION WITH ANY SECURITY TRANSACTION, YOU CONDUCT YOUR OWN DUE DILIGENCE. DESTINY MAY PROVIDE ADVICE AND PROFESSIONAL RECOMMENDATIONS TO ASSIST YOU TO RENDER INFORMED DECISIONS. ITS SERVICES ARE NOT MEANT TO BE A SUBSTITUTE FOR LEGAL ADVICE OR YOUR EXERCISE OF YOUR OWN BUSINESS JUDGMENT. ANY SUCH JUDGMENTS OR DECISIONS ARE MADE AT YOUR SOLE ELECTION. WHEN DESTINY’S SERVICES INCLUDE ESTIMATES OR PREDICTIONS OF FUTURE EVENTS OR BEHAVIORS, IT MAKES NO GUARANTEES AS TO THE OCCURRENCE OF SUCH FUTURE EVENTS OR BEHAVIORS.

 

All Destiny Content is provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Destiny disclaims all warranties, express or implied, including, but not limited to, implied warranties of non-infringement, merchantability, or fitness for a particular purpose. Destiny does not warrant that the functions provided on the Site or Services will be uninterrupted or error-free, that defects will be corrected, that Destiny will retain all of your Account content and data in full integrity or keep readily available all user content and data, or that the Site or the means that makes it available to you are free of viruses or other harmful components.


All of the Destiny Content that concerns companies and investments that is on the Site, or that exchanged by Destiny as part of the Services, is either: (i) publicly available, (ii) information obtained from third party sources without endorsement, analysis, or approval by Destiny, or (iii) information supplied by yourself and other Members. Destiny does not provide, and disclaims any obligation to provide, any insight, advice, analysis, industry research, pricing information, verification, or help of any kind other than with respect to site functionality.

Any charts, data, and other information Destiny may provide regarding company news and insights, company valuations, funding events, and share prices are for informational purposes only and are not an endorsement or representation with respect to any company or the actual price or value of any of its securities.


Any links and referrals to other sites and services will be governed by their own terms and conditions. Destiny is not responsible for the actions of any such parties, or any such third-party sites. These Terms bind Destiny only with respect to your use of the Site and Services, not the sites and services of any third parties.


Further, any promotions, advertising, or other content and services that are distinct from or in a distinct part of the Site may by their own terms be subject to terms of service and privacy policies that are limited to that particular content or services. Destiny’s mobile application may have other terms and conditions that apply in addition to these Terms.

Destiny does not warrant or make any representations regarding the use or the results of the use of any such third-party content, or for correctness, accuracy, reliability, or otherwise.


Under no circumstances, including, but not limited to negligence, shall Destiny be liable for any special, indirect, incidental, or consequential damages that result from the use of or the inability to use the Content on the Site or the Services, even if Destiny has been advised of the possibility of such damages. In no event shall Destiny’s total liability to you for all damages, losses, and causes of action whether in contract or tort exceed the amount paid by you, if any, for accessing the Site and using the Services.

The foregoing may in some instances be limited by rules and regulations pertaining to the financial services industry.

X. Dispute Resolution


The Terms shall be governed by New York law and subject to the exclusive jurisdiction of the state and federal courts located in the City and County of New York, New York, without regard to the choice or conflicts of law provisions of any jurisdiction. All claims arising from use of the Site will be exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). You understand that by requiring arbitration, neither party will have the right to sue in court or have a jury trial.


Arbitration will take place in New York, New York, and All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules.


The parties shall maintain the confidential nature of the arbitration proceeding and of any award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

Except as otherwise provided in the Terms, you and Destiny may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.


You and Destiny agree that any arbitration will be limited to the dispute between Destiny and you. You acknowledge and agree that you and Destiny are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Destiny otherwise agree, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding.


Each party retains the right to bring an individual action in small claims court with respect to matters within the jurisdiction thereof, or to seek injunctive or other equitable relief on an individual basis in a federal or state court in New York, New York, with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party’s intellectual property or proprietary rights.

The foregoing venue, choice of law, and jurisdiction provisions shall not apply to any matters that are subject to separate agreements between you and Destiny or its affiliates.

XI. Equitable Relief


You acknowledge and agree that in the event of a breach or threatened violation of Destiny’s intellectual property rights and confidential and proprietary information by you, Destiny will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these


Terms. Destiny may, without waiving any other remedies under these Terms, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect Destiny’s rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York, Borough of Manhattan for purposes of any such action by Destiny.


XII. Electronic Signature and Communication Consent


Unless otherwise arranged, we will provide and receive certain communications in connection with the Services, exclusively in electronic form. These communications include, but are not limited to, (1) agreements and policies required to use the Services, (2) disclosures, notices, elections, waivers, and consents (3) payment authorizations and transaction receipts or confirmations, (4) account statements and history, and (5) and all federal and state tax statements and documents. We may also use electronic signatures and obtain them from you.


Your agreement to these Terms confirms your ability and consent to receive communications electronically from Destiny, rather than in paper form, and to the use of electronic signatures in our relationship with you.

If you choose to opt out or withdraw your consent, please make arrangements by contacting Destiny.


have the right to receive any communication in paper form at no charge to you, within 180 days of the communication, and also to opt out or withdraw your consent for electronic communications and/or signatures. To do so please email [email protected] or write to Destiny XYZ Inc., 1401 Lavaca St #144, Austin, TX 78701, USA. Should you withdraw or withhold consent, it may take us a reasonable period to process your request, after which we may not be able to continue offering access to some or all of the Services.


To ensure that our communications reach you, please make sure your contact information, including among other things your email address and phone number, remain current.

XIII. Fraud Prevention


Destiny has retained a third-party service provider, Prove Identity, Inc. (“PI”) to help prevent fraudulent transactions for online interactions, such as when accessing mobile applications or logging into online accounts.

 

You authorize PI to collect and further process your Personal Information in order to create and maintain secure, tokenized digital identities that can be used during my future online transactions with Destiny and other third parties to help prevent identity theft and fraudulent transactions. Any Personal Information processed by the third-party service provider, including PI, on Destiny’s behalf may be retained, stored, and deleted by the third party in accordance with contractual obligations and applicable law.

XIV. Communication Consent


By electing to receive emails from Destiny in your Site Account, you agree that Destiny can retain your certain information including name, email address, and phone number to enable it to send you communications related to Destiny’s products and services. If you no longer wish to receive emails from Destiny, you can opt-out by sending an email stating your request to [email protected]. If Destiny has sent you an email to promote its products and services in the past, you may be able to scroll to the bottom of the note and select “opt out” or “unsubscribe.” Destiny values your privacy and will promptly honor your request.

XV. Other provisions


All communications between us with respect to these Terms may be made either by: (i) email delivered to your and our most recently updated email address, (ii) any private messaging feature that is implemented on the Site, (iii) personal delivery, or (iv) delivery via a nationally recognized bonded express courier service.


No joint venture, partnership, or agency relationship exists between you, Destiny or any third-party provider as a result of the Terms or use of the Site or Services.


If any provision of these Terms is held to be invalid or unenforceable, such provision shall be construed consistent with applicable law and the remaining provisions shall be enforced to the fullest extent under law. The failure of Destiny to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Destiny is in writing.

These Terms, including the Privacy Policy, comprise the entire agreement between you and Destiny with respect to your being a Member or Site Visitor, and your use of the Site and Services, and supersede all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.


Other than the Destiny affiliates there are no third-party beneficiaries of these Terms. You may not assign these Terms, in whole or in part, to any third party without our prior, written consent, and any attempt by you to do so will be invalid. All of the rights and obligations of Destiny under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Our rights under these Terms will survive any termination of these terms.


Headings are for convenience only and are not part of the agreement between the parties.

XVI. Changes


Destiny reserves the right and sole discretion to modify these Terms, the Privacy Policy, and any notices, rules, policies, and procedures that may be published on the Site, from time to time, and any such modifications become effective immediately upon your opportunity to view them after a modified version is posted to the Site. It is your sole responsibility to check the Site to view any such changes.

If you do not agree to all of the changes, you must cease use of the Site; any usage by you of the Services after any modifications are made indicates acceptance of the modified Terms or other provisions. Notwithstanding and without limiting the foregoing, Destiny may provide a notice to you of any such revision, and require you to indicate acceptance of any new version in order to continue to use the Site and Services.

XVII. Contact Destiny


If you have any questions regarding these Terms, please contact us at [email protected] or at Destiny XYZ Inc., 1401 Lavaca St #144, Austin, TX 78701, USA.


Privacy

I. Information We Collect and How We Collect It

What We Collect

We collect two forms of information from users of this Site:

  • Personal Information: information that may be used as means for personally identifying you. This classification includes, but is not limited to, the following identifying information:

  • Name
  • E-mail address
  • Phone number
  • Postal address
  • Geo-location data
  • Bank account information
  • Social security number
  • Non-Personal Information: information that does not disclose your identity but can be used to monitor tracking and usage. This classification includes, but is not limited to, the following identifying information:

  • IP address
  • Type of device used
  • Browser and operating system used
  • Pages visited
  • Time spent by page

As a convenience to you, we may also provide hyperlinks to websites operated by third parties; when you select these hyperlinks you will be leaving the Site. We are not responsible for the availability of these sites and do not have any control over the information these sites may choose to collect automatically or ask you to provide.

Information Collected from User

You provide Personal Information to the Site directly when you:

  • Fill out a form that asks for contact information, demographic information, transaction information, or any other form of personally identifying information requisite for the Site to facilitate a given Service. The Site reserves the right to collect this information as it is entered so as to track and log incomplete queries
  • Contact the Site via email to engage in a correspondence. In addition to any Personal Information disclosed, copies of these correspondences may be maintained for quality assurance purposes
  • Respond to a survey or participate in a poll that asks for contact or demographic information

Information Collected Automatically

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CLAIM YOUR SHARE


  • Exhibit A

    Terms and Conditions

    of

    Destiny’s #claimyourshare Program

     

    The terms and conditions set forth herein (the “CYS Terms and Conditions”) relate to the Share(s) (as defined below) of stock of Destiny Tech100 Inc. (the “Fund”) that may be awarded to you by Destiny XYZ Inc., (”Destiny”), and set forth your rights and obligations with respect to claiming, receiving, and holding such Share(s). These CYS Terms and Conditions, together with Destiny’s Terms of Use (the “Terms of Use”) which is available at https://destiny.xyz/privacy-terms and is hereby incorporated into and made a part of these CYS Terms and Conditions, collectively form a legally binding agreement between you and Destiny. The CYS Terms and Conditions are subject to Destiny’s interpretation and shall be applied by it in its sole discretion. If you do not agree to the Terms of Use and CYS Terms and Conditions, you will not be eligible to receive the Free Share Credits (as defined below) or Share(s) that will be awarded to you as part of the giveaway.

     

    The Fund is a closed-end investment company that is registered under the Investment Company Act of 1940. The Fund files periodic and current reports, proxy statements and other information about it with the Securities and Exchange Commission (the “SEC”). This information is available free of charge by contacting the Fund at Destiny Tech100 Inc., 1401 Lavaca Street, #144, Austin, TX 78701 or by visiting our corporate website located at https://destiny.xyz/tech100. The SEC also maintains a website at http://www.sec.gov that contains this information.

     

    I. Shares and Free Share Credits

     

    As described in more detail below, as part of the giveaway program, upon satisfaction of the eligibility criteria, you shall receive Free Share Credits that will correspond directly to the number of Fund shares that will be awarded to you so long as all Free Share Credits were awarded pursuant to the CYS Terms and Conditions. Free Share Credits and Shares will be awarded prior to the listing of the Fund’s Shares on the NYSE.

     

    Free Share Credits may not be purchased, have no cash value, are not refundable or transferable, and may not be redeemed for cash or securities. Any Free Share Credits you receive are considered a limited and revocable right solely for use towards Destiny’s share giveaway program. Accordingly, you have no property, proprietary or intellectual ownership, or monetary interest in your Free Share Credits.

     

    The share(s) of the Fund’s common stock that shall be awarded to you in connection with the share giveaway program (the “Shares”), if you satisfy the eligibility criteria, represent ownership interests in the Fund’s assets. Shares are not deemed owned by you until delivered to and accepted by your Brokerage Account. You can find more information about the Fund’s assets at https://destiny.xyz/tech100. The Fund will not receive any proceeds from this share giveaway. By participating in the share giveaway program, you understand and agree that due to market fluctuations and other factors outside of Destiny’s control, the value of the Share(s) at the time of your receipt thereof may vary. In addition, while the Fund has applied to have the Shares listed on the New York Stock Exchange (the “NYSE”), at the time of the share giveaway, the Shares are not listed on the NYSE or on any other national securities exchange. Unless the Shares are approved for listing, the Shares will have no liquidity. You should read these CYS Terms and Conditions and the prospectus and statement of additional information of the Fund and all prospectus supplement(s) related thereto (the “Prospectus”) carefully before participating in the share giveaway.

     

    While Shares received by you as part of our giveaway program are transferred to you without any fees or expenses, by its nature a closed-end management investment company will have certain ongoing fees or expenses paid by the Fund to its investment adviser, Destiny Advisors LLC (the “Adviser”), a wholly owned subsidiary of Destiny, in accordance with the terms of the Investment Advisory Agreement between the Fund and the Adviser (the “Investment Advisory Agreement”) and shareholders indirectly bear these fees or expenses as investors in the Fund. For more information about the Fund’s fees and expenses, please see the section of the Prospectus entitled “Fund Fees and Expenses”.

     

    Under the Investment Advisory Agreement between the Fund and its Adviser, following a listing of the Fund’s Shares on a national securities exchange, the Fund will pay the Adviser a Management Fee, payable quarterly, in an amount equal to an annualized rate of 2.50% of the Fund’s average gross assets, at the end of the two most recently completed calendar quarters. Prior to a listing of the Fund’s Shares, the Management Fee is equal to 2.00% per annum, payable monthly, calculated based on the value of the invested capital. 

     

     

    II. Eligibility

     

    To be eligible to receive and claim any Share(s), you must open and maintain (i) a Site Account on Destiny’s website (ii) a CYS Account that can be set up through your Site Account (a “CYS Account”), and (iii) an account with a participating third-party broker-dealer (a “Brokerage Account”). Your Brokerage Account is subject to a separate agreement and may involve potential fees directly between you and the applicable third-party broker-dealer. Destiny will not be able to award you any Free Share Credits or Shares unless and until you have opened and linked your Brokerage Account to the CYS Account. A CYS Account is not a brokerage account and does not hold any cash or securities. A CYS Account can only hold credits (“Free Share Credits”) that have no cash value and shall be used for the sole purpose of determining the number of Shares you are eligible to receive upon the completion of the share giveaway, which will occur prior to the listing of the Fund’s shares on NYSE.

     

    Not all third-party broker-dealers may support receiving Share(s). In the event a third-party broker-dealer rejects the transfer of Share(s), you will forfeit any Free Share Credits in your CYS Account and will not be able to receive Share(s) that might have been awarded to you as part of the giveaway.

     

    Eligibility in our share giveaway program is limited to individuals who are U.S. legal residents aged 18 or older only.

     

    Participants in the Referral Program (as defined below) may receive additional Free Share Credits subject to the eligibility requirements set forth in the Referral Program Agreement (Exhibit B).

     

    You will be required to acknowledge receipt of an electronic copy of the Fund’s current prospectus and all prospectus supplements filed with the SEC (the “Prospectus”) as of the date of opening a CYS Account, in order to be eligible to claim Free Share Credits. These documents will be provided as part of the process of opening a CYS Account.

     

    By accepting any Free Share Credits and/or Share(s), you warrant and represent to Destiny that you meet all eligibility requirements hereunder. Destiny may accept or reject any claim for Free Share Credits and/or Share(s) in its sole and complete discretion.

     

    III. Opening a CYS Account

     

    To open a CYS Account, you must first create a Site Account on Destiny’s website. Once logged in to your Site Account, you will be prompted to enter your name, email address, and provide additional information that will assist in authenticating your identity when you log-in in the future (such as security questions), including but not limited to the information listed in Section IV of this Agreement.

     

    When creating your Site Account and CYS Account, you must provide true, accurate, current, and complete information. Each CYS Account can be used by only one individual and no individual may have more than one CYS Account. You are solely responsible for the confidentiality and use of your log-in information, as well as for any use, misuse, or communications entered through the Destiny website using your log-in information. Destiny reserves the right to decline to open your Site Account or CYS Account for any reason. Destiny further reserves the right to delete your Site Account or CYS Account or require you to change your password at any time and for any reason and shall have no liability to you for any loss or damage caused by such action.

     

    When you attempt to create a CYS Account, you will be reviewed by Destiny and its third-party service providers using anti-money laundering (AML) and know your customer (KYC) checks and reports. If Destiny and its third-party service providers are unable to verify you for any reason, including, without limitation, in connection with technology errors, data errors, typographical errors, or otherwise, you shall not be permitted to open a CYS Account or receive any Free Share Credits or Shares, and neither Destiny nor its third-party service providers shall have any liability to you or any third party in connection with the same.

     

    To be eligible to receive and claim any Share(s), you must link your CYS with your Brokerage Account. Destiny will not be able to award you any Shares unless and until you have opened and linked your Brokerage Account to the CYS Account.

     

     

    IV. Your Information

     

    By opening a CYS Account, you acknowledge and consent to Destiny collecting information that either alone, or in combination with other information, can be used to identify you, including, without limitation, your first and last name, residential or mailing address, phone number, social security number or other government-issued number, date of birth, biometric data, IP address, or other data that is personally identifiable as defined under other applicable privacy and data protection laws (“Personal Information”).

     

    V. Claiming Your Share(s)

     

    Once you have opened a Site Account, have been approved to open a CYS Account and linked your Brokerage Account to your CYS Account, your CYS Account will be eligible to hold Free Share Credits.

     

    Prior to the listing of the Fund’s shares on the NYSE, Destiny will review all CYS Accounts that hold Free Share Credits. For those CYS Accounts that are verified by Destiny as eligible to receive Shares by, among other things, acknowledging receipt of the Prospectus and linking the CYS Account to a valid Brokerage Account that will accept receipt of Shares, Destiny will instruct the Fund’s transfer agent or other service providers to transfer Share(s) representing the number of Free Share Credits held by each CYS Account into the linked Brokerage Account within 5 business days.

     

    Shares are not deemed owned by you until delivered to, and accepted by your Brokerage Account. Neither Destiny nor its third-party service providers shall have any liability to you or any third party in the event your Brokerage Account or the applicable participating third-party broker-dealer rejects the delivery of Share(s) into your Brokerage Account for any reason.

     

    Destiny reserves the right to withhold or delay the transfer of any Shares for suspected fraud or non-compliance with the CYS Terms and Conditions. Any fraud or non-compliance that Destiny discovers may result in Destiny suspending or terminating your CYS Account, your participation in the share giveaway, your access and use of Destiny’s website, and any other remedies available to it under applicable law and/or under the Terms of Use and these CYS Terms and Conditions.

     

    Destiny is not responsible for lost or stolen Free Share Credits or Shares, or for Shares delivered to the wrong Brokerage Account due to your failure to keep your information with it accurate, current, and complete. You are solely responsible for maintaining your Brokerage Account in compliance with your customer agreement(s) with the applicable broker-dealer.

     

    VI. Tax Liability

    Consult with your tax advisor about the appropriate tax treatment for the Share(s) you may be given by Destiny hereunder, and any tax implications associated with receipt of Shares before participating in this Share giveaway. You are solely responsible for any and all tax liability, including disclosure, resulting from your usage of, and participation in, this Share giveaway. Destiny does not take responsibility for any taxes related to Shares offered hereunder. Please see “Certain U.S. Federal Income Tax Considerations” section of the Prospectus for information about the tax treatment of the Shares.

     

    VII.        Risks and Disclaimers

     

    THE FUND INTENDS TO APPLY TO HAVE ITS SHARES LISTED ON THE NYSE.

     

    INVESTING IN FUND’S SECURITIES INVOLVES A HIGH DEGREE OF RISK AND IS HIGHLY SPECULATIVE. IN ADDITION, SHARES OF CLOSED-END INVESTMENT COMPANIES FREQUENTLY TRADE AT A DISCOUNT TO THEIR NET ASSET VALUES. IF THE FUND’S SHARES OF COMMON STOCK TRADE AT A DISCLOUNT TO THE FUND’S NET ASSET VALUE, IT WILL LIKELY INCREASE THE RISK OF LOSS FOR THE FUND’S INVESTORS. BEFORE PARTICIPATING IN THE SHARE GIVEAWAY, YOU SHOULD READ THE DISCUSSION OF THE MATERIAL RISKS OF INVESTING IN THE FUND’S SECURITIES, IN THE “RISK FACTORS” SECTION BEGINNING ON PAGE 16 OF THE PROSPECTUS.

     

    DESTINY DOES NOT COLLECT ANY FUNDS, EXECUTE ANY TRANSACTIONS, OR OTHERWISE ACT AS A BROKER-DEALER, MONEY TRANSMITTER, MONEY SERVICES BUSINESS, BANK ACCOUNT, BROKERAGE ACCOUNT, OR OTHER FINANCIAL ACCOUNT. DESTINY STRONGLY RECOMMENDS THAT IN CONNECTION WITH EACH SECURITY TRANSACTION, YOU CONDUCT YOUR OWN DUE DILIGENCE. DESTINY MAY PROVIDE ADVICE AND PROFESSIONAL RECOMMENDATIONS TO ASSIST YOU TO RENDER INFORMED DECISIONS. ITS SERVICES ARE NOT MEANT TO BE A SUBSTITUTE FOR LEGAL ADVICE OR YOUR EXERCISE OF YOUR OWN BUSINESS JUDGMENT. ANY SUCH JUDGMENTS OR DECISIONS ARE MADE AT YOUR SOLE ELECTION. WHEN DESTINY’S SERVICES INCLUDE ESTIMATES OR PREDICTIONS OF FUTURE EVENTS OR BEHAVIORS, IT MAKES NO GUARANTEES AS TO THE OCCURRENCE OF SUCH FUTURE EVENTS OR BEHAVIORS.

     

    YOU ACKNOWLEDGE THAT DESTINY’S WEBSITE, AND THE SERVERS IT USES TO CONDUCT THE SHARE GIVEAWAY, MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM FAILURES. CONSEQUENTLY, DESTINY’S WEBSITE AND THIS GIVEAWAY ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THEY WILL OPERATE ERROR-FREE OR BE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

     

    DESTINY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES 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.

     

    IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) DESTINY AND ITS LICENSORS SHALL NOT 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 YOUR SHARES OR DESTINY’S WEBSITE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

     

    SOME JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

     

    NOTHING IN THESE TERMS AND CONDITIONS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. 

     

     

     

     

     


     

     

    Exhibit B

     

    Referral Program Terms and Conditions

     

    This Referral Program Terms and Conditions (the “Referral Terms and Conditions”) is made and entered into by and between Destiny XYZ Inc. (the “Sponsor”) and the Authorized Members (as defined in the Terms of Use) who refer new participants (the “Referrer”) via their unique referral link as part of the referral program between February 19, 2024 and March 12, 2024 (the “Promotional Period”). These Referral Terms and Conditions, together with the Destiny’s Terms of Use (the “Terms of Use” available at: https://destiny.xyz/privacy-terms) and the CYS Terms and Conditions which are hereby incorporated into and made a part of these Referral Terms and Conditions, collectively form a legally binding agreement between you and Sponsor. These Referral Terms and Conditions governs the terms under which Referrers can refer new participants, via the unique referral link (“Referee(s)”) subject to the following:

     

    Referral Program Terms

     

    Eligibility

    1. The Referral Program is open only to Authorized Members as defined in the Destiny’s Terms of Use.

    2. Both Referrer and Referees must be individuals aged 18 years or older and legal residents of the United States.

     

    Referral Process

    1. Referrers will share a unique referral link with Referees which can be found in the Referrer’s Site Account dashboard.

    2. Referees must sign up for a Site Account and CYS Account by clicking the Referrer’s unique link, successfully complete identity verification, link Referees’ Brokerage Account and become designated as an Authorized Member.

    3. Upon the Referee successfully being designated as an Authorized Member, the Referrer will see an updated Free Share Credit (as defined in the CYS Terms and Conditions) quantity reflecting the successful referral in their Account Dashboard.

     


     

    Referral Credits

    1. For every verified unique Referee referred during Destiny’s Promotional Period, Referrer will receive 1 additional Free Share Credit, up to a maximum of 3 extra Free Share Credits. Free Share Credits and Shares will be awarded prior to the listing of the Fund’s Shares on the NYSE.

    2. If the Referrer is among the top 50 who have referred the most verified unique Referees during the Promotional Period, the Referrer will receive an additional 97 Free Share Credits as part of the giveaway and referral programs.

     

    Fraud & Termination

    1. Fraudulent referrals and referral gaming attempts are strictly prohibited and may result in forfeiture of all Free Share Credits and the termination of an individual’s CYS Account and/or Site Account.

    2. Destiny reserves the right to suspend, amend or cancel the referral program at any time without notice.  

     

    Additional Legal Terms

     

    Limitation of Liability

    Under no circumstances shall Destiny be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages related to this referral program.

     

    Indemnification

    Referrer agrees to indemnify and hold harmless Destiny from any claims or damages arising out of participation in the referral program.

     

    No Guarantees

    Destiny does not guarantee any level of engagement from Referees or any resulting benefits. Sponsor makes no guarantees about the success or profitability of participation in the referral program.

     

    Entire Agreement

    This Referral Terms and Conditions constitute the entire understanding between Destiny and Referrer with respect to the subject matter hereof. 

d.xyz

© 2024 Destiny XYZ Inc. All Rights Reserved.

By using this website, you accept our Terms of Use and Privacy Policy. Destiny is available only to residents of the United States. Nothing on this website should be considered an offer, solicitation of an offer, or advice to buy or sell securities. Past performance is no guarantee of future results. Any historical returns, expected returns or probability projections are hypothetical in nature and may not reflect actual future performance. Account holdings are for illustrative purposes only and are not investment recommendations.

The content on this website is for informational purposes only and does not constitute a comprehensive description of Destiny’s services.

Disclosures & Legal Information