DRAFT — pending legal review. This text is a structured draft modeled on top-tier virtual data room access terms (iDeals / Intralinks / Datasite). It must be reviewed by counsel before it gates real investors. See docs/compliance/data-map.md (open item: "Anwalt-Review der Datenschutzerklärung").

Altitude Investor Portal — Terms of Access & Confidentiality

Version 1.0 (DRAFT) · governed by the laws of the Federal Republic of Germany

By clicking "I Agree" and accessing the Caphenia Altitude investor portal (the "Portal"), you (the "Recipient") agree to the following terms. If you do not agree, do not access the Portal.

1. Confidentiality

All information, documents, financial models, projections, and other materials made available through the Portal (the "Confidential Information") are strictly confidential and the property of Caphenia (or its licensors). The Recipient shall keep the Confidential Information confidential, shall not disclose it to any third party, and shall protect it with at least the same degree of care it applies to its own confidential information.

2. Permitted Purpose

The Recipient may access and use the Confidential Information solely for the purpose of evaluating a potential investment in, or financing of, Caphenia (the "Permitted Purpose"). Any other use is prohibited.

3. No Reproduction or Redistribution

Except as expressly authorised in writing by Caphenia, the Recipient shall not download, copy, print, screenshot for distribution, forward, transmit, or otherwise reproduce or redistribute any Confidential Information, in whole or in part.

4. Monitoring, Logging & Audit

The Recipient acknowledges and consents that all access to and activity within the Portal — including pages and documents viewed, timestamps, frequency, and approximate engagement duration — is logged, monitored, and recorded for security, audit, and due-diligence-integrity purposes. Documents may be individually watermarked to identify the Recipient. The Recipient consents to this processing as described in the Privacy Notice (Section 7).

5. No Warranty · No Reliance · Forward-Looking Statements

The Confidential Information is provided "as is" and without any representation or warranty, express or implied, as to its accuracy or completeness. The Portal contains forward-looking statements, projections, and financial models that are based on assumptions and are subject to significant uncertainty; actual results may differ materially. Nothing in the Portal constitutes investment, legal, tax, or accounting advice, nor an offer or solicitation. The Recipient shall conduct its own independent due diligence and shall not rely on the Confidential Information as the sole basis for any decision. Caphenia shall have no liability arising from the Recipient's use of the Confidential Information.

6. Revocation, Return & Destruction

Caphenia may suspend or revoke the Recipient's access at any time, at its sole discretion. Upon request or upon termination of access, the Recipient shall cease all use of, and (where applicable) destroy or return, any Confidential Information in its possession.

7. Data Protection (GDPR / DSGVO)

Caphenia processes the Recipient's personal data (including identity, contact data, and the access / engagement data described in Section 4) in accordance with its Privacy Notice. Lawful bases include the Recipient's consent (Art. 6(1)(a) GDPR), the performance of pre-contractual measures (Art. 6(1)(b)), and Caphenia's legitimate interest in securing and auditing access to confidential materials (Art. 6(1)(f)). The Recipient has the rights of access, rectification, erasure, restriction, portability, and objection, and may withdraw consent at any time (without affecting the lawfulness of prior processing). Engagement logs are retained for the period stated in the Privacy Notice.

8. Governing Law & Jurisdiction

These terms are governed by the laws of the Federal Republic of Germany. The exclusive place of jurisdiction shall be the registered seat of Caphenia, to the extent permitted by law.

9. Acceptance

By clicking "I Agree", the Recipient confirms that it has read, understood, and accepts these terms, and that the person accepting is authorised to bind the Recipient. Caphenia may amend these terms; a new version requires renewed acceptance before further access is granted.