Terms of Use

1. Introduction

Welcome to Othrfund.

These Terms of Use ("Terms") govern your access to and use of the website, platform, and related services operated by OTHR LTD trading as Othrfund ("Othrfund", "we", "us", or "our") (together, the "Platform").

By accessing or using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, you must not access or use the Platform.

These Terms apply to all users of the Platform, including:

• Borrowers
• Lenders
• Introducers
• Visitors and other users

Certain services may also be governed by additional agreements including:

• Borrower Terms
• Lender Terms
• Introducer Terms
• Referral or commercial agreements

Where additional terms apply, they will take precedence over these Terms in the event of conflict.

2. Who We Are

The Platform is operated by:

3. Nature of the Platform

Othrfund operates a technology platform designed to facilitate introductions between businesses seeking financing and capital providers.

The Platform enables:

• Borrowers to submit financing requests
• Lenders to review financing opportunities
• Introducers to refer potential borrowers

Othrfund acts solely as a commercial intermediary and technology platform.

Othrfund:

• is not a lender
• does not provide loans, credit, or financial products
• does not provide financial advice, investment advice, or credit advice
• does not guarantee financing outcomes
• is not a party to any financing agreement

Any financing agreement is entered into directly between Borrowers and Lenders.

Othrfund does not participate in underwriting decisions and does not guarantee the performance of any transaction. Users acknowledge that any financing transaction entered into through the Platform is undertaken at their own risk.

4. Regulatory Position

Othrfund operates a commercial platform connecting businesses with financing providers.

Nothing on the Platform constitutes:

• financial advice
• investment advice
• credit advice
• a recommendation to enter into any financial transaction

Users are responsible for obtaining independent professional advice where appropriate.

Borrowers and Lenders remain solely responsible for ensuring compliance with all applicable laws and regulatory requirements in connection with any financing transaction.

5. Eligibility

To use the Platform you must:

• be at least 18 years old
• act on behalf of a business or professional entity
• have the legal authority to bind the entity you represent
• use the Platform only for lawful business purposes

The Platform is not available for personal or consumer credit.

We reserve the right to refuse access to the Platform at our discretion.

6. Account Registration

Access to certain services requires account registration.

When creating an account, you agree to:

• provide accurate and complete information
• maintain and update your information
• protect the confidentiality of your login credentials

You are responsible for all activities conducted through your account.

We may verify information you provide through publicly available sources including Companies House, business registries, and third-party verification providers.

We may suspend or terminate an account if:

• information provided is false or misleading
• these Terms are breached
• necessary to protect the Platform or its users

7. Acceptable Use

You agree not to:

• use the Platform for illegal or fraudulent purposes
• attempt to gain unauthorised access to systems or data
• interfere with the operation or security of the Platform
• introduce malware or malicious code
• copy, reverse engineer, or replicate the Platform or its technology
• misuse or disclose information belonging to other users

We may suspend or terminate access if these provisions are breached.

8. Platform Services

Borrowers may submit financing requests through the Platform.

Othrfund may distribute or present such requests to selected lenders.

Lenders may review opportunities and decide whether to express interest.

Othrfund may facilitate introductions and communication between users.

Othrfund does not guarantee that:

• any lender will make an offer
• any financing request will receive interest
• any transaction will be completed

Lenders retain full discretion regarding underwriting and credit decisions.

9. Fees and Commissions

Othrfund operates a commercial model based on transaction-related fees.

Where a financing agreement is entered into following an introduction through the Platform, Othrfund may receive a commission.

Such commission may be paid by:

• Borrowers
• Lenders
• both parties

Where an Introducer has originated the opportunity, Othrfund may share a portion of its commission with that Introducer.

The specific terms governing commissions are set out in separate agreements.

10. User Information

Users must ensure that all information provided via the Platform is:

• accurate
• complete
• not misleading

Users must have the right to share any information uploaded to the Platform.

Othrfund may use information submitted through the Platform to:

• assess financing opportunities
• share relevant information with lenders
• verify business information
• operate and improve the Platform

Users remain solely responsible for the information they provide.

11. Borrower Obligations

Borrowers warrant that:

• they are authorised to seek financing on behalf of the business
• information provided is accurate and complete
• they comply with applicable laws and regulations

Borrowers acknowledge that lenders may apply independent underwriting criteria.

12. Lender Obligations

Lenders using the Platform must ensure they are legally authorised to provide financing under applicable laws.

Lenders remain solely responsible for:

• underwriting decisions
• regulatory compliance
• AML and KYC obligations

Othrfund does not supervise or regulate lenders using the Platform.

13. Introducer Obligations

Introducers must ensure they are permitted to make financing introductions under applicable law.

Introducers must obtain consent from Borrowers before sharing their information via the Platform.

Failure to comply may result in:

• suspension of the account
• cancellation of commissions
• repayment of previously paid commissions

14. Confidentiality

Users may receive confidential information through the Platform.

Users agree to keep such information confidential and use it solely for evaluating financing opportunities.

This obligation does not apply where information:

• becomes publicly available
• was already known prior to disclosure
• must be disclosed by law or regulation

15. Intellectual Property

All intellectual property rights in the Platform are owned by Othrfund or its licensors.

Users are granted a limited, non-exclusive licence to access and use the Platform for internal business purposes.

No part of the Platform may be reproduced, distributed, or commercially exploited without prior written permission.

16. Platform Availability

We aim to ensure the Platform is available at all times, but we do not guarantee uninterrupted access.

We may modify, suspend, or discontinue the Platform or any part of it at any time.

Othrfund shall not be liable for any interruption or unavailability of the Platform.

17. Third-Party Services

The Platform may contain links to third-party services.

Othrfund has no control over these services and accepts no responsibility for their content, availability, or policies.

18. Non-Reliance

Users acknowledge that:

• information available through the Platform may be incomplete or subject to change
• Othrfund does not verify all user-provided information

Users agree that they do not rely on Othrfund for financial, investment, or credit decisions.

All financing decisions must be independently assessed by the parties involved.

19. Disclaimers

The Platform is provided on an "as is" and "as available" basis.

To the maximum extent permitted by law, Othrfund makes no representations or warranties regarding:

• availability or reliability of the Platform
• accuracy of user-provided information
• suitability of financing opportunities

Users access and use the Platform at their own risk.

20. Limitation of Liability

To the fullest extent permitted by law, Othrfund shall not be liable for:

• loss of profits
• loss of revenue
• loss of business
• loss of anticipated savings
• loss of data
• reputational damage
• indirect or consequential losses

Nothing in these Terms excludes liability for:

• death or personal injury caused by negligence
• fraud or fraudulent misrepresentation
• liability which cannot legally be excluded

Our total liability shall not exceed the lower of: (a) GBP 1,000 or (b) the total fees paid to Othrfund in the previous 12 months.

21. Indemnity

Users agree to indemnify and hold harmless Othrfund from any claims, losses, or damages arising from:

• breach of these Terms
• misuse of the Platform
• inaccurate information provided by the user

22. Termination

We may suspend or terminate access to the Platform if a user breaches these Terms or if necessary to protect the Platform or its users.

Users may close their account at any time.

Provisions relating to confidentiality, liability, and intellectual property survive termination.

23. Changes to These Terms

We may update these Terms periodically.

The latest version will always be available on the Platform.

Continued use of the Platform constitutes acceptance of the updated Terms.

24. Governing Law

These Terms are governed by the laws of England and Wales.

Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

25. No Guarantee of Funding

Othrfund does not guarantee that:

• any financing request will receive interest from lenders
• any lender will provide funding
• any financing transaction will be completed

Borrowers acknowledge that submission of a financing request does not constitute an offer of financing and does not create any obligation for any lender to provide funding.

Lenders retain full discretion in evaluating and approving financing opportunities.

26. Platform Role and Safe Harbour

Othrfund provides a technology platform that facilitates introductions between users.

Othrfund does not:

• originate loans
• participate in credit decisions
• determine lending terms
• act as a lender or borrower

Any financing agreement is negotiated and entered into directly between the relevant parties.