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Investment Account Opening Agreement
This agreement outlines the relationship between Aseel Capital Company (“the Company” or “Aseel”) and the user (“the Client”). It serves as the foundation for using Aseel Capital platform. All terms and conditions specified herein become effective once the Client has accepted them and completed the registration process on the platform. The Company reserves the right to amend or update this agreement as necessary. Clients are encouraged to review the agreement before making any investment decisions.

First: Definitions

  • The Company / Aseel: The Company / Aseel: Aseel Capital Company, with the commercial registration number (1010728236), is a fintech company licensed by the Capital Market Authority under decision number (6-9-10-2021) dated 06/10/2021. The license allows the establishment and operation of a platform for distributing investment fund units and real estate investment fund units. The company is established in the Kingdom of Saudi Arabia, with its units offered publicly or privately, and is located in Riyadh on Anas Bin Malik Road.
  • The Platform: The online Platform operated by Aseel Capital Company, allows users to access investment products, conduct transactions, and manage their accounts.
  • The Client: Any natural or legal person (including companies or institutions) who uses the platform’s services and agrees to the terms and conditions of this agreement upon completing the registration process.
  • The Authority / Regulator / Licensor / Authoriser: These terms refer to the Capital Market Authority (CMA) in Saudi Arabia, which is the regulatory body that grants licenses and monitors institutions' compliance with financial regulations and laws.
  • Investment Products: These include investment funds and real estate investment funds, enabling investors to participate either individually or collectively. They are managed by licensed entities and listed on the platform with complete disclosure of associated risks and fees.
  • Investment Fund: A collective investment program that allows investors to share profits together. It is overseen by a licensed fund manager, who charges specific fees for management services.
  • Fund Manager: A financial institution is licensed by the Capital Market Authority to manage investment funds or real estate investment funds and oversee their operations. Its responsibilities include offering fund units in accordance with the Investment Funds Regulations, Real Estate Investment Funds Regulations, and Special Purpose Entities Rules.
  • Fund Operator: A licensed fund manager authorized to manage investments and fund operations. It can also refer to a financial institution designated under paragraph (b) of Article 8 of the Investment Funds Regulations to manage and operate investment funds.
  • Developer: An individual appointed by the fund manager to oversee the technical aspects necessary to achieve the investment fund's objectives.
  • Custodian: An entity with a license from the Capital Market Authority to provide securities custody services under the Financial Market Institutions Regulations.
  • Fund Terms and Conditions: Contracts that include all necessary information and provisions according to the Investment Funds Regulations and Real Estate Investment Funds Regulations. These are signed between the fund manager and the holders of investment units.
  • Wallet: An investment account created by Aseel platform in the client’s name. It includes all their investment transactions, such as purchasing and selling investment fund units.
  • Virtual Account: A virtual bank account is created for the client by Aseel platform at Arab Bank after completing the registration process. This account efficiently and securely manages the client’s investments through the platform.

Second: Platform Overview

"Aseel"is a licensed online platform approved by the Capital Market Authority (CMA). Its purpose is to allow both individual and institutional investors to access investment opportunities in licensed investment funds and real estate investment funds. The platform gathers funds from a group of investors called "Platform Clients" to provide the necessary financing for available investment funds. This enables clients to participate in potential returns based on their investment objectives and risk tolerance levels.

The platform offers comprehensive services, including:
  • Access to Investment Products: Clients can browse and purchase units in various investment funds.

    Account and Wallet Management: Each client is given an investment wallet to monitor the performance of their investments.

    Disclosure and Transparency: The platform commits to providing periodic reports and updates on investment performance, along with any modifications to investment strategies or fund fees.

Third: Contractual Nature / Business Activity

  • 1. The Role of Aseel Capital Platform as a Distributor of Investment Units:Aseel Capital Platform serves as a distributor of investment units from licensed investment funds established in Saudi Arabia, whether these funds are offered publicly or privately. This distribution is conducted in accordance with the regulations set by the Capital Market Authority. The platform provides these fund units to its clients for investment purposes.All investment units are registered in the client’s (subscriber’s) name with the fund manager. This ensures that the client can fully exercise his | her rights as a unit holder in line with the applicable executive regulations.
  • 2. Contractual Relationship with the Fund Manager:When the investment process is completed through the platform, a contractual relationship begins between the fund manager and the investor. This relationship outlines the fund manager's responsibilities to the investor, which include managing the investor's funds and providing updates on the fund's performance and management.
  • 3. Investor Rights to Access Fund Terms and Conditions:As the owner of investment units, the client is entitled to receive an updated copy of the fund's terms and conditions in Arabic from the fund manager. This document will include detailed information regarding investment policies, fees, risks, and any other binding terms or requirements.
  • 4. Disclaimer of Liability for Aseel Capital Platform:The client acknowledges that Aseel Capital Platform serves only as a distribution intermediary and is not responsible for managing the fund or its investments. The platform’s role is limited to facilitating the investment process and providing the client with relevant information.

Fourth: General Risks

The client acknowledges and understands that investing in opportunities offered through Aseel Capital Platform involves various risks that may affect the value of the invested capital.

General risks include, but are not limited to, the following:
  • 1. Risk of Capital Loss:Some investment opportunities on the platform may involve high risks, which could lead to a partial or total loss of the invested capital. The Client should be aware of these risks and carefully consider them before making any investment decisions.
  • 2. Different Investment Durations:Investment opportunities vary in duration, spanning both short-term and long-term. The client, thus, needs to fully understand the anticipated investment period and its influence on his | her investment strategy.
  • 3. No Guarantees Provided:Aseel Capital Platform does not provide guarantees for investment returns or capital protection. All potential returns depend on the fund's performance and market conditions.
  • 4. Disclaimer of Liability for Fund Managers' Actions:Aseel Capital Platform is not responsible for any misconduct, negligence, or violation of regulatory requirements or laws issued by the Capital Market Authority that may be committed by fund managers, fund boards, or any related parties involved with the funds offered on the platform. It is the sole responsibility of the fund managers and their supervisors to ensure compliance with these regulations.
  • 5. Regulatory Risks:Investment funds are governed by regulations that may change over time. Such changes can directly affect fund investments, and clients should be aware of these risks and consider them carefully.

Fifth: Eligibility

The user confirms that he | she has the legal capacity to use the services provided by Aseel Capital Platform and agrees to the terms and conditions outlined here. However, the platform cannot be used, nor can these terms and conditions be accepted, in the following situations:

  • 1. Lack of Legal Eligibility:If the user lacks the legal capacity and authority required to invest according to the laws of the Kingdom of Saudi Arabia, whether due to age, legal guardianship, or other restrictions that prevent him | her from making independent investment decisions.
  • 2. Legal or Regulatory Prohibition:If the user is prohibited from investing due to applicable laws or regulations in the Kingdom of Saudi Arabia, such as restrictions on those listed on certain watchlists from investing or participating in investment activities.
  • 3. Compliance with Capital Market Authority Regulations:The user must ensure he | she meets all eligibility requirements according to the regulations of the Capital Market Authority. This includes submitting any required documents and proof of eligibility when requested by the platform.

Sixth: Registration

  • 1. Acceptance of Terms and Conditions:By registering on Aseel platform, the user accepts all their terms and conditions, privacy policies, and other specific policies of the platform.
  • 2. Eligibility for Registration:The user must have the legal capacity to register on the platform per the laws and regulations of the Kingdom of Saudi Arabia.
  • 3. Opening an Account Personally:The client is exclusively permitted to open an account on the platform in his | her own name. Accounts cannot be registered on behalf of other parties, including agents or guardians.
  • 4. Prohibition of Minor Registration:Minors or individuals under the legal age are not allowed to invest in the platform. The user must be of the legal age to participate in investment activities.
  • 5. Responsibility for Providing Accurate Information:The user is fully responsible for providing accurate and valid information during registration and throughout the platform's use.
  • 6. Providing Additional Information for Verification:The user is obligated to provide any additional information requested by Aseel platform to verify his | her identity or validate the registered data.
  • 7. Updating Personal Information:The user must promptly update their information if changes occur and is responsible for ensuring the accuracy and reliability of his | her data.
  • 8. Information Verification by Third Parties:Aseel Platform, along with any contracted third party, reserves the right to take necessary measures to verify the accuracy and validity of the information provided by users.
  • 9. Maintaining the Confidentiality of Login Credentials: The user is responsible for keeping his | her username and password confidential. Aseel Cpaotal Platform is not liable for any unauthorized access that results from the user's failure to maintain the confidentiality of their login credentials. If a user suspects any disclosure, loss, theft, or unauthorized use of his | her credentials, he | she must notify the platform immediately.
  • 10. Responsibility for Electronically Submitted Documents:The user takes full responsibility for all documents submitted electronically on his | her behalf and verifies accuracy.
  • 11. Communication for Service Purposes:Aseel platform may need to contact the user to complete certain services or perform necessary procedures. The contact information provided by the user (phone number, email) will be used for this purpose.

Your trusted platform for collective investments in investment and real estate funds, licensed by the Capital Market Authority (License No. 2021-109-6).