Terms and Conditions for Using the Crowdfunding Platform for Investors
iMowazi is a digital securities-based crowdfunding platform provided by Almowazi Capital Company, a company officially registered with the Capital Markets Authority (CMA) pursuant to CMA Decision No. 132 of 2025. In reference to the provisions of Module 19 – Financial Technologies of the Executive Bylaws of CMA Law No. 7 of 2010 concerning the Establishment of the Capital Markets Authority and Regulation of Securities Activities and their amendments, these terms and conditions govern the relationship between Almowazi Capital Company (hereinafter referred to as the “Company”) and investors when using the Company’s crowdfunding platform.
1. Definitions:
- Authority: Capital Markets Authority (CMA).
- Authority Law: Law No. 7 of 2010 concerning the Establishment of the Capital Markets Authority and Regulation of Securities Activities and its amendments.
- Executive Regulations: The Executive Bylaws of Law No. 7 of 2010 concerning the Establishment of the Capital Markets Authority and Regulation of Securities Activities and their amendments.
- Financial Technologies Book: Module 19 “Financial Technologies” of the Executive Bylaw of the Authority Law.
- Securities-Based Crowdfunding: A method that enables companies (offer issuers) to obtain financing from the general public to fund specific projects they present on a CMA-registered crowdfunding platform, by transferring part of their shares/equity capital or issuing securities.
- Platform: A legal entity registered with the Authority providing a digital operating system that enables offer issuers and members of the general public to interact by offering and selling securities related to crowdfunding offerings.
- Offer Issuer: A legal entity that offers securities related to its project or business for financing by listing the offer on the crowdfunding platform to enable public investment.
- Funding Offer: The project or initiative submitted by the offer issuer to raise funds through the platform.
- Investor: Any individual or entity that transfers investment amounts within the funding offer.
- Subscription Agent: The agent licensed by the Authority to manage the subscription process.
2. Compliance with Regulations:
Use of the platform constitutes implicit acceptance of these terms and conditions, and investors are required to review them regularly as the platform reserves the right to amend them at any time.
The investor acknowledges that they have reviewed, understood, and committed to all relevant laws and regulations, especially the provisions of Module 19 of the Executive Bylaw of Law No. 7 of 2010, including disclosure, investor protection, and contribution limits.
3. Nature of the Platform and Liability Limits:
- The platform operates solely as a licensed intermediary and does not provide any investment recommendations.
- The platform is not responsible for the financial performance of listed projects.
- The information published belongs to the funding applicants, who are responsible for its accuracy.
4. Registration and Usage Conditions:
- Every investor must register on the platform using accurate and up-to-date information.
- The investor must complete the “Know Your Customer” (KYC) forms and the risk awareness form according to the Executive Bylaws.
- The investor must invest within the limits assigned based on their classification in the KYC form as per the following clause.
5. Investor Eligibility:
- Individual Investor: May invest up to a maximum of KWD 1,000 per investment and not exceed KWD 10,000 within 12 months.
- Professional Investor: May invest up to a maximum of KWD 50,000 within 12 months.
- Qualified Professional Investor: No investment limits apply.
6. Offering and Investment Provisions:
- Every offering is subject to CMA oversight, which regulates securities-based crowdfunding activities. Neither the CMA nor any regulatory authority in Kuwait bears any responsibility for the content or accuracy of the offers listed on the platform or any damages resulting from reliance on any part of the data contained in the offers.
- Investors are prohibited from selling or transferring securities offered outside the platform except in accordance with the rules of the stock exchange and clearinghouse.
7. Risks and Disclosure:
- The investor acknowledges that investing in crowdfunding does not guarantee any financial returns and involves high risks, including the potential loss of the entire invested amount. Neither the platform nor the Authority is responsible for any losses resulting from investment decisions made by the investor based on the offers listed on the platform.
- The investor must review the information memorandum or offering prospectus for each project before making an investment decision. The information available on the platform does not constitute investment advice under any circumstances.
8. Data Confidentiality and Privacy:
- The platform commits to maintaining the confidentiality and privacy of investor data in accordance with applicable regulations in Kuwait.
- Investor data will not be shared with any third party except as required by law or with the explicit consent of the investor.
9. Platform Usage:
- The investor commits to using the platform through modern devices and operating systems and updated browsers to ensure stable and secure performance.
- The platform does not guarantee full compatibility with all devices, operating systems, or outdated browsers.
- The investor is responsible for maintaining the confidentiality of login information (username and password) and must not share it with others.
- The investor bears full responsibility for any use of their account by third parties, whether authorized or unauthorized.
- In case of suspected unauthorized access, the investor must immediately notify the platform administration.
- The platform strives to provide 24/7 service availability but does not guarantee uninterrupted service free from temporary outages or interruptions caused by:
• Planned or emergency maintenance.
• Technical issues beyond control (such as internet outages or natural disasters).
- The platform reserves the right to suspend service temporarily for any technical or regulatory reason.
- The investor acknowledges that the internet is not completely secure and agrees to use the platform at their own risk.
- The platform may contain links to external websites for awareness or service purposes. The platform is not responsible for the content or policies of such websites.
- The user is granted a limited, non-exclusive license to use the platform for investment and viewing purposes only and may not copy, modify, or distribute any part of the platform.
- The platform may perform periodic updates to the system, user interface, or services without prior notice.
- Some updates may require acceptance of updated terms and conditions for continued use of the platform.
10. Sanctions and Account Termination:
- The platform reserves the right to suspend or terminate the account of any investor who violates laws, regulations, these terms and conditions, or provides misleading or inaccurate information.
11. Governing Law and Jurisdiction:
- These terms and conditions are governed by Kuwaiti law and the instructions of the Capital Markets Authority.
- Kuwaiti courts of all levels have exclusive jurisdiction to resolve any disputes arising from the interpretation or implementation of these terms and conditions.