Acceptance of Terms

These Terms of Use (“Terms”) govern your access to and use of the website located at arkus.cr (the “Site”) and all content, services, and features made available through it, operated by Arkus Capital (“Arkus,” “we,” “us,” or “our”).

By accessing or using the Site, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, please discontinue use of the Site immediately.

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to the Site. Your continued use of the Site following any modifications constitutes your acceptance of the revised Terms. The date of the most recent revision is indicated at the top of this page.

Section 02

Description of Services

Arkus Capital is a boutique advisory firm offering the following services in the Republic of Costa Rica:

• Real Estate Brokerage:Buying, selling, and leasing of residential, commercial, and investment properties in the Greater Metropolitan Area (GAM) and select coastal markets.
• Private Lending Advisory:Facilitation of private lending arrangements between qualified borrowers and private lenders, secured by real estate collateral.
• Highest and Best Use (HBU) Analysis:Professional study and report identifying the most profitable and legally permissible use for a specific real estate asset.
• Legal Advisory Coordination:Coordination of real estate legal services including due diligence, contract review, and closing — provided through affiliated licensed attorneys.
• One-Stop Shop Development:End-to-end project coordination from property sourcing through architectural design, construction, legal, and delivery.

The Site provides information about these Services. Actual engagement of Services requires a separate written agreement between you and Arkus Capital outlining the scope, terms, fees, and responsibilities applicable to your specific engagement.

Section 03

Not Financial, Legal, or Investment Advice

No content on this Site creates an advisory, fiduciary, or professional relationship between Arkus Capital and any user. Real estate investments involve risk, including potential loss of capital. Past performance or outcomes referenced on this Site are not indicative of future results.

Before making any investment, financing, or real estate decision, you should conduct your own independent research and seek advice from qualified professionals — including licensed attorneys, financial advisors, and real estate professionals — based on your specific circumstances, objectives, and risk tolerance.

A formal advisory relationship with Arkus Capital is only established upon execution of a written engagement agreement signed by both parties.

Section 04

Permitted Use of the Site

You may access and use the Site for lawful personal and commercial informational purposes, subject to these Terms. You agree not to:

• Use the Site in any manner that violates applicable local, national, or international laws or regulations
• Reproduce, distribute, modify, create derivative works from, or commercially exploit any content on the Site without our prior written consent
• Use automated tools, bots, scrapers, or data mining techniques to extract content from the Site
• Introduce viruses, trojans, worms, or other malicious code into the Site or its infrastructure
• Attempt to gain unauthorized access to any portion of the Site, its servers, or any related systems or networks
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Use the Site to transmit unsolicited commercial communications or spam
• Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site

Arkus Capital reserves the right to terminate your access to the Site at any time and for any reason, including if we believe you have violated these Terms.

Section 05

Intellectual Property

All content published on the Site — including but not limited to text, articles, analyses, images, graphics, logos, visual design elements, the Arkus Capital name and brand identity, and the overall selection, coordination, and arrangement of content — is the exclusive property of Arkus Capital or its licensors and is protected by applicable copyright, trademark, and intellectual property laws.

You may view, print, and download content from the Site solely for your personal, non-commercial use, provided that:

• You do not remove or alter any copyright, trademark, or other proprietary notices
• You do not modify the content in any way
• You do not use the content in a manner that suggests association with or endorsement by Arkus Capital

Any other use — including reproduction for commercial purposes, redistribution, republication, or creation of derivative works — requires our express prior written consent. To request permission, contact [email protected].

The Arkus Capital name, logo, and associated brand elements are trademarks of Arkus Capital. Nothing on this Site grants any license or right to use these trademarks without our prior written consent.

Section 06

Disclaimer of Warranties

THE SITE AND ALL CONTENT, INFORMATION, AND SERVICES PROVIDED THROUGH IT ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by applicable law, Arkus Capital expressly disclaims all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Site will be available without interruption, error-free, or free of viruses or other harmful components
• Warranties regarding the accuracy, completeness, timeliness, or reliability of any content on the Site
• Warranties that any information on the Site constitutes professional advice or will produce any particular result

Real estate markets, interest rates, regulatory environments, and other conditions referenced on this Site are subject to change. We make no warranty that any information on the Site remains current or accurate after its original publication date.

Section 07

Limitation of Liability

To the fullest extent permitted by applicable law, Arkus Capital, its principals, employees, advisors, affiliates, and service providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or anticipated savings
• Loss of data or business opportunity
• Financial losses arising from reliance on information contained on this Site
• Damages resulting from any real estate investment decision made in connection with content on this Site
• Damages resulting from unauthorized access to or alteration of your transmissions or data

This limitation applies whether the claim is based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not we have been advised of the possibility of such damages.

In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law. In no event shall Arkus Capital’s total aggregate liability to you exceed the amount paid by you (if any) to Arkus Capital in the twelve months preceding the claim.

Section 08

Third-Party Links & Content

Our Site may contain links to third-party websites, publications, or resources for your convenience and reference. The inclusion of any such link does not imply endorsement, approval, or affiliation with the linked site or its operators.

Arkus Capital has no control over the content, privacy practices, or terms of use of third-party sites and accepts no responsibility for any information, products, or services available through them. Accessing third-party links is done at your own risk, and you should review the applicable terms and privacy policies of any third-party site you visit.

Section 09

Confidentiality

Any information you share with Arkus Capital through our website contact forms, by email, by telephone, or through WhatsApp regarding your real estate project, investment goals, or financial situation is treated with strict confidentiality.

We will not disclose your project details, financial information, or personal circumstances to any third party without your explicit consent, except as required by law or as necessary to provide the specific services you have requested (for example, presenting a financing opportunity to lenders in our network with your prior knowledge and approval).

This confidentiality commitment applies to all preliminary inquiries and consultations, regardless of whether a formal advisory engagement is established. Formal client engagements are further protected by separate confidentiality provisions in the applicable engagement agreement.

Section 10

Governing Law & Dispute Resolution

These Terms of Use and any dispute arising from your use of this Site or our Services shall be governed by and construed in accordance with the laws of the Republic of Costa Rica, without regard to its conflict of law provisions.

Any disputes arising under or in connection with these Terms that cannot be resolved informally shall be subject to the exclusive jurisdiction of the competent courts of the First Judicial Circuit of San José, Costa Rica.

Before initiating any formal legal action, you agree to first notify Arkus Capital in writing of the nature of your dispute and allow thirty (30) calendar days for the parties to attempt to resolve it in good faith through direct negotiation.

Section 11

Modifications to the Site and Services

Arkus Capital reserves the right to modify, suspend, or discontinue any portion of the Site or the Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Site or Services.

We may also modify these Terms at any time by posting revised Terms on this page. Your continued use of the Site after such changes are posted constitutes your acceptance of the revised Terms. If you do not agree with any modification, your sole remedy is to discontinue use of the Site.

Section 12

Contact

If you have any questions, concerns, or requests regarding these Terms of Use, please contact us. We will make every reasonable effort to respond to your inquiry within 5 business days.

These Terms of Use were last updated on June 1, 2025. Prior versions are available upon request.