Terms of Use

These Terms of Use (“Terms”) constitute a legally binding agreement between you (“you” or “User”) and Akoma Capital Advisory LLC (“Akoma,” “Akoma Capital,” “we,” “us,” or “our”), a privately managed deal origination platform focused on sourcing, vetting, marketing, and matching high-quality deals—including mergers and acquisitions (M&A), real estate, private placements, and private credit opportunities—with qualified capital providers and investors. These Terms govern your access to and use of our website located at https://akomacapitaladvisory.com and any related services, features, content, or applications we offer (collectively, the “Services”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES. BY ACCESSING OR USING THE SERVICES PROVIDED BY AKOMA CAPITAL ADVISORY LLC YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

Except to the extent prohibited by law, you are required to arbitrate any claims you may have against Akoma Capital based on your use of the Services or in connection with our Terms of Use or Privacy Policy, on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

Any capitalized terms used but not defined in these Terms shall have the meanings given to them in the Privacy Policy.

1. Eligibility

To access and use the Services, you must be at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater. The Services are intended for use by business professionals, investors, and entities seeking financing or investment opportunities. By using the Services, you represent that you are legally able to enter into binding contracts and that you are not prohibited from receiving or using the Services under the laws of any applicable jurisdiction.

By using the Services, you represent and warrant that you meet the eligibility requirements set forth in this Section, that you have the legal capacity to enter into these Terms, and that any information you provide in connection with a financing inquiry or application is accurate and complete.

2. Description Of Services

Akoma is a privately managed deal origination platform focused on sourcing, vetting, marketing, and matching high-quality deals—including mergers and acquisitions (M&A), real estate, private placements, and private credit opportunities—with qualified capital providers and investors.

The Services may include, but are not limited to:

• Access to information about our investment strategies and financing solutions;
• Submission of financing inquiries and supporting documentation;
• Investor relations materials, fund performance information, and market insights;
• Educational resources, white papers, and thought leadership content on private credit and middle-market lending;
• Contact forms and inquiry submission tools.

3. User Conduct

Akoma expects all users to conduct themselves professionally and ethically when using the Services.

By using the Services, you agree that you will not:

• Use the Services for any purpose that is unlawful, fraudulent, or prohibited by these Terms;
• Transmit any viruses, malware, or other malicious code through the Services;
• Attempt to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks connected to the Services;
• Engage in any data mining, scraping, or similar data gathering or extraction activities;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software or technology used in connection with the Services;
•  Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Interfere with or disrupt the Services or servers or networks connected to the Services;
• Post, upload, or transmit any content that is defamatory, obscene, abusive, offensive, harassing, or otherwise objectionable;
• Post, upload, or transmit any content that infringes on any intellectual property rights or other proprietary rights of any third party;
• Use the Services to send unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation; or
• Violate any applicable local, state, national, or international law or regulation.

Without limiting the generality of the foregoing, any access to the Services by automated inquiry devices, robots, or repetitive data gathering and extraction tools, routines, scripts, or other mechanisms with similar functionality, is expressly prohibited.

We reserve the right, but have no obligation, to monitor use of the Services and to remove any content or restrict access that we determine, in our sole discretion, violates these Terms.

4. Intellectual Property

The Services, including all content, features, and functionality (including but not limited to text, graphics, logos, images, audio, video, software, and the design, selection, and arrangement thereof), are owned by Akoma Capital, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Akoma Capital name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Akoma or its affiliates. You may not use such marks without our prior written permission.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes. You may not modify, copy (except as set forth herein), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products, or services obtained from the Services. You may not link other websites to the Services without Akoma’s prior written permission. This license does not include the right to: (a) modify or copy the Services or any content therein; (b) use any data mining, scraping, or similar data gathering methods; (c) download any content (other than page caching) unless expressly permitted; or (d) use the Services for any purpose competitive with Akoma’s business.

5. Communications

By using the Services or providing us with your contact information, you consent to receive communications from us, including emails, regarding the Services, financing opportunities, market updates, and other information related to Akoma Capital. You may opt out of receiving certain communications by following the unsubscribe instructions included in our emails or by contacting us at david@akomacapitaladvisory.com. Please note that even if you opt out of marketing communications, we may still send you non-promotional messages, such as those about your account, active financing relationships, or required legal notices.

6. Privacy

Your privacy is important to us. Our collection, use, disclosure, and protection of your personal information is governed by our Privacy Policy[Author3] , which is incorporated into these Terms by reference. By using the Services, you acknowledge that you have read and understood our Privacy Policy and consent to the collection, use, and disclosure of your personal information as described therein.

For more information about how we collect, use, and share your personal information, please refer to our Privacy Policy.

7. User Materials And Feedback

By submitting any content to us or interacting with Akoma via contact forms on the Services, email, social media accounts or otherwise, including your feedback, comments, questions, ideas, suggestions, survey responses or other information or materials (“User Materials”), you hereby grant to Akoma Capital an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable license to use, display, reproduce, publish, transmit, store, modify and create derivative works of your User Materials. Further, if you provide any feedback, suggestions, ideas, know-how or other information (“Feedback”) to Akoma through the Services or otherwise, you hereby assign to Akoma all rights in and to the Feedback and agree that we may use such Feedback for any purpose without compensation to you. Akoma will treat all User Materials and Feedback as non-confidential and non-proprietary, and you agree that you will not submit to Akoma any information considered to be confidential or proprietary.

You hereby represent and warrant that any User Materials and Feedback you submit to us are either your original content or that you have obtained all necessary rights to your User Materials and Feedback, including the right to authorize us to use your User Materials and Feedback as set forth in these Terms. We have the right to remove or refuse to post any User Materials for any reason or no reason in our sole discretion. User Materials must not: (i) contain any material that is obscene, defamatory, indecent, abusive, harassing, or offensive; (ii) contain or promote sexually explicit or pornographic materials, or promote violence or discrimination based on race, sex, gender, religion, nationality, disability, sexual orientation, or age; (iii) promote any illegal activity; (iv) impersonate any person, misrepresent your identity, or be intended or likely to deceive any person; (v) advertise or involve any commercial activities or sales; or (vi) give the impression that they are endorsed by us.

8.Termination

We reserve the right, in our sole discretion, to terminate or suspend your access to all or part of the Services at any time, with or without cause, with or without notice, effective immediately. Grounds for termination may include, but are not limited to: (a) violations of these Terms; (b) requests by law enforcement or other government agencies; (c) discontinuance or material modification of the Services; (d) unexpected technical or security issues; (e) extended periods of inactivity; or (f) conduct that may expose Akoma to legal liability or reputational harm.

You may terminate your use of the Services at any time by ceasing to use the Services and, if applicable, by contacting us at David@akomacapitaladvisory.com to request deletion of your account. Please note that termination of your access to the Services does not affect any other contractual relationships you may have with Akoma, including any loan agreements, subscription agreements, or other financing documents, which shall continue to be governed by their respective terms.

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnification, limitations of liability, and any confidentiality obligations.

9. Disclaimers

Forward-Looking Statements. The Services may contain projections or other forward-looking statements regarding a variety of items. Such forward-looking statements are based upon expectations current as of the date the statement is made and involve risks and uncertainties. Actual results may differ materially from those stated in any forward-looking statement based on a number of important factors and risks. In no way does Akoma assume any responsibility for any investment or other decisions made based upon information contained on the Services.

No Securities Offering or Investment Advice. The information on the Services is not intended as and does not constitute investment advice or legal or tax advice or an offer to sell any securities to any person or a solicitation of any person of any offer to purchase any securities. Neither the information, nor any opinion contained in the Services constitutes a solicitation or offer by Akoma, any of its affiliates, or any fund or other entity managed directly or indirectly by any of the foregoing, to buy or sell any partnership interest, securities, futures, options, or other financial instruments.

There are inherent risks in relying on, using, or retrieving any information found on the Services, and Akoma urges you to make sure that you understand these risks before relying on, using, or retrieving any information on the Services. You should evaluate the information made available through the Services, and you should seek the advice of professionals, as appropriate, to evaluate any opinion, advice, product, service, or other information. You are solely responsible for evaluating the information provided on the Services and any decisions based on such information.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER AKOMA NOR ANY PERSON ASSOCIATED WITH AKOMA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.

WITHOUT LIMITING THE FOREGOING, NEITHER AKOMA NOR ANYONE ASSOCIATED WITH AKOMA REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, AKOMA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

AKOMA DOES NOT GUARANTEE THAT ANY FINANCING WILL BE APPROVED OR THAT ANY PARTICULAR INVESTMENT OUTCOME WILL BE ACHIEVED. ANY INFORMATION PROVIDED THROUGH THE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE FINANCIAL, INVESTMENT, LEGAL, OR TAX ADVICE. YOU SHOULD CONSULT WITH YOUR OWN PROFESSIONAL ADVISORS BEFORE MAKING ANY FINANCIAL DECISIONS. IN NO WAY DOES AKOMA ASSUME ANY RESPONSIBILITY FOR ANY INVESTMENT OR OTHER DECISIONS MADE BASED UPON INFORMATION CONTAINED ON THE SERVICES. USERS ARE ADVISED TO REVIEW ALL AVAILABLE INFORMATION THEMSELVES INCLUDING, WITHOUT LIMITATION, APPLICABLE SEC FILINGS BEFORE MAKING ANY INVESTMENT OR OTHER DECISIONS.

10. Limitation Of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AKOMA CAPITAL SHALL NOT BE LIABLE IN ANY RESPECT FOR ANY DAMAGES WHATSOEVER ARISING FROM USE OR INABILITY TO USE THE SERVICES OR MATERIALS CONTAINED THEREIN (INCLUDING WITHOUT LIMITATION, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION, OR LIABILITY IN RELATION TO ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS OR THE USE OR INTERPRETATION BY OTHERS OF SUCH INFORMATION OR MATERIALS), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF AKOMA CAPITAL, ITS AFFILIATES OR THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING, AND IN ADDITION TO THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY (IF ANY) OF AKOMA CAPITAL AND ITS AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED IN THE AGGREGATE THE AMOUNT PAID BY YOU TO AKOMA CAPITAL, IF ANY, FOR YOUR ACCESS TO THE SERVICES. PLEASE NOTE THAT SOME JURISDICTIONS LIMIT OR PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AKOMA AND YOU. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

You agree to defend, indemnify, and hold harmless Akoma, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Services; (c) your violation of any rights of a third party, including intellectual property rights; (d) any misrepresentation in connection with a financing inquiry or application; or (e) any overt harmful act toward any other User or third party.

Akoma reserves 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 such matter without the prior written consent of Akoma.

12. Dispute Resolution

Informal Resolution. Before initiating any formal dispute resolution proceeding, you agree to first contact us at David.ofosu@akomacapitaladvisory.com to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services (“Dispute”) informally. You and Akoma agree to negotiate in good faith to resolve the Dispute for a period of at least thirty (30) days (“Informal Resolution Period”). If the Dispute cannot be resolved through informal negotiations within the Informal Resolution Period, either party may proceed with arbitration as set forth below.

Binding Arbitration. If we cannot resolve a Dispute through informal negotiations, any Dispute shall be finally and exclusively resolved by binding arbitration. The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules then in effect, except as modified by this Section 12.

Arbitration Procedures. The arbitration shall be conducted by a single arbitrator selected in accordance with the AAA Rules. The arbitration shall be held in New York, New York, or at another mutually agreed location, or may be conducted telephonically or via videoconference if appropriate. The arbitrator shall have the authority to award any relief that would be available in a court of competent jurisdiction. The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Arbitration Costs. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party shall bear its own attorneys’ fees and costs in arbitration unless the arbitrator determines that a party’s claim or defense was frivolous or brought in bad faith, in which case the arbitrator may award reasonable attorneys’ fees to the prevailing party.

Class Action Waiver. YOU AND AKOMA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. Unless both you and Akoma agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative, collective, or class proceeding.

Exceptions to Arbitration. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidentiality obligations. Additionally, claims within the jurisdiction of a small claims court may be brought in such court in lieu of arbitration.

Opt-Out Right. You have the right to opt out of binding arbitration within thirty (30) days of the date you first accept these Terms by sending written notice of your decision to opt out to David.ofosu@akomacapitaladvisory.com. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of the arbitration provision. If you opt out of binding arbitration, all other provisions of these Terms will continue to apply.

13. Governing Law And Jurisdiction

These Terms and any Dispute arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of New York[Author4] , without regard to its conflict of law principles.

Subject to the arbitration provisions set forth in Section 12, any legal action or proceeding arising out of or relating to these Terms or the Services that is not subject to arbitration shall be brought exclusively in the state or federal courts located in New York County, New York[Author5] , and you hereby irrevocably consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

14. General Provisions

Entire Agreement. These Terms, together with our Privacy Policy and any other documents expressly incorporated by reference, constitute the entire agreement between you and Akoma concerning the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. For the avoidance of doubt, these Terms do not supersede or modify any separate financing agreements, loan documents, subscription agreements, or other contracts between you and Akoma Capital.

No Joint Venture. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Akoma Capital as a result of these Terms or use of the Services.

Assignment. You may not assign or transfer these Terms or your rights or obligations hereunder without Akoma’s prior written consent. We may assign these Terms without restriction. Any attempted assignment or transfer in violation of this Section will be null and void.

Electronic Communications. Electronic communications can be intercepted by third parties and, accordingly, electronic mail and other transmissions to and from the Services may not be secure. You are responsible for any content that you post on the Services or submit to us via contact forms, email, or otherwise. Akoma will treat all such submissions as non-confidential and non-proprietary (except to the extent otherwise required by applicable law), and you agree that you will not submit to Akoma any information considered to be confidential or proprietary without first entering into a separate confidentiality agreement with us.

Waiver. The failure of Akoma to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Akoma.

Severability. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary such that the remaining provisions of the Terms will continue in full force and effect.

Force Majeure. Akoma shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond Akoma’s reasonable control, including acts of God, natural disasters, pandemic, terrorism, labor disputes, governmental actions, changes in law or regulation, or failures or disruptions of telecommunications networks, power supply, or financial markets.

Headings. The section headings in these Terms are for convenience only and have no legal or contractual effect.

15. Changes

We reserve the right, in our sole discretion, to modify or replace these Terms at any time. We will notify you of material changes by updating the "Last Updated" date at the top of these Terms and, where appropriate, by providing additional notice (such as by email or through a prominent notice on our website). By continuing to access or use the Services after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Services.

16. Contact Us

If you have any questions about these Terms, please contact us at:

Akoma Capital Advisory LLC
Akomacapitaladvisory.com

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