Terms of Use

Welcome to FracInvest.in ("FracInvest", the "Platform", "we", "us", or "our").

FracInvest is a technology-enabled platform designed to help investors discover and access structured real estate investment opportunities.

By accessing or using the Platform, you agree to these Terms of Use and our Privacy Policy.

1. What is FracInvest?

FracInvest brings together selected real estate investment opportunities on one platform.

Our role is primarily focused on sourcing, structuring, presenting, and monitoring opportunities.

We identify potential opportunities, work with relevant developers, project owners, SPVs, and other stakeholders to structure investment opportunities, present relevant information to investors, and monitor the progress of opportunities after investment, wherever applicable.

Our objective is to make access to alternative real estate investments more structured, transparent, and easier to understand.

2. FracInvest is a Platform, Not the Investment Counterparty

FracInvest is an aggregator and facilitation platform.

Unless specifically mentioned in the documentation of a particular opportunity, FracInvest does not own the underlying property, develop the project, borrow the investment funds, issue the investment, or guarantee the investment.

When you decide to invest in an opportunity presented on FracInvest, the investment is made with the identified entity associated with that opportunity. This may be a:

• Developer
• Project owner
• SPV
• LLP
• Company
• Sponsor
• Other identified investment entity

The actual investment agreement will be entered into between you, the investor, and the relevant opportunity-specific entity.

3. How the Investment Process Works

1. Opportunity Sourcing. FracInvest identifies potential real estate investment opportunities.
2. Structuring. The opportunity is evaluated and structured with the relevant stakeholders based on its proposed investment model.
3. Investor Evaluation. Relevant information, investment terms, expected returns, tenure, exit mechanism, and associated risks are presented to prospective investors.
4. Investment Documentation. If you choose to proceed, you enter into the applicable legal agreement with the identified opportunity entity.
5. Investment and Monitoring. Your investment is made according to the applicable Investment Documents. FracInvest may monitor and provide updates on the opportunity during the investment period.

The exact process may vary from one opportunity to another.

4. Your Investment Agreement

Your investment in a particular opportunity will be governed by the relevant Investment Documents. Depending on the structure, these may include:

• Investment agreements
• LLP agreements
• Subscription agreements
• SPV documentation
• Co-ownership agreements
• Security documents
• Sale or purchase agreements
• Other transaction-specific documents

These documents will explain your rights, obligations, investment amount, tenure, returns, security, exit mechanism, and other applicable terms.

Please read the relevant Investment Documents carefully before making an investment.

5. What FracInvest Does

Depending on the opportunity, FracInvest may:

• Source real estate opportunities
• Work with developers and project owners
• Assist in designing the investment structure
• Coordinate with legal and professional advisors
• Facilitate investor onboarding
• Provide investment-related information
• Coordinate documentation
• Monitor project or transaction progress
• Provide periodic updates to investors

The exact role of FracInvest may differ depending on the structure of each opportunity.

6. What FracInvest Does Not Guarantee

FracInvest aims to provide access to carefully structured opportunities. However, real estate investments involve risk.

Unless expressly stated in a separate written agreement, FracInvest does not guarantee:

• Investment returns
• Repayment of principal
• Project completion
• Property appreciation
• Developer performance
• Buyback or exit
• Investment liquidity
• Timing of repayment
• Absence of investment losses

Where an opportunity includes a developer buyback, defined exit, security, or repayment mechanism, the rights and obligations relating to that arrangement will be governed by the applicable Investment Documents.

7. Information on the Platform

We aim to present investment information in a clear and understandable manner.

Information may be obtained from developers, project owners, SPVs, sponsors, professional advisors, and other sources.

While we take reasonable steps to review the information made available on the Platform, information may change, and we cannot guarantee that every piece of information will always be complete, current, or error-free.

Before investing, investors should review the complete documentation provided for the specific opportunity.

8. Your Investment Decision

Every investor has different financial objectives, risk tolerance, and investment requirements. Therefore, the decision to invest is entirely yours.

You should consider factors such as:

• The underlying property
• The developer or project owner
• The investment structure
• The investment tenure
• Expected returns
• Security
• The exit mechanism
• Liquidity
• Applicable taxes
• Regulatory considerations
• Potential risks

You may also obtain independent legal, financial, tax, or other professional advice before investing.

9. No Personal Investment Advice

Information provided on FracInvest is intended to help investors evaluate investment opportunities.

Unless specifically stated otherwise and permitted under applicable law, information on the Platform should not be considered personalised financial, investment, legal, or tax advice.

Listing an opportunity on FracInvest does not mean that we are recommending that every investor should invest in it.

10. Understanding the Risks

Real estate investments can provide attractive opportunities, but they also involve risks. Depending on the investment structure, these may include:

• Property market fluctuations
• Project execution risk
• Construction delays
• Developer or counterparty risk
• Changes in market conditions
• Liquidity constraints
• Regulatory changes
• Legal or documentation risks
• Delays in exit or repayment
• Partial or complete loss of invested capital

11. Fractional Ownership and SPV Investments

Some opportunities may provide exposure to real estate through:

• Fractional ownership
• LLPs
• Companies
• SPVs
• Trusts
• Co-ownership structures
• Other legally permissible structures

The form of ownership or economic interest may therefore differ between opportunities.

Your specific rights will be determined by the legal documents applicable to the opportunity. Please do not assume that investing through FracInvest automatically means direct ownership of the underlying property.

12. Buyback and Exit Opportunities

Some opportunities may include a defined exit mechanism or a buyback arrangement with the developer, sponsor, or another identified party.

Where applicable, the details will be provided in the relevant Investment Documents.

FracInvest does not independently guarantee such buyback or exit arrangements unless FracInvest is expressly a party to and obligated under the relevant agreement.

13. Liquidity and Secondary Sale

Real estate investments may not always be easily transferable or saleable before the scheduled exit date.

FracInvest does not guarantee the availability of a secondary market.

Where a transfer or secondary sale is permitted, it will be subject to the applicable Investment Documents, applicable law, and any required approvals.

14. Investor Eligibility and KYC

Certain opportunities may only be available to investors meeting specific eligibility requirements.

Investors may be required to complete:

• KYC verification
• AML checks
• Identity verification
• Investor declarations
• Other compliance requirements

FracInvest may restrict access to an opportunity where required by law, regulation, or the terms of the opportunity.

15. Fees and Charges

Where applicable, FracInvest may receive fees, commissions, structuring fees, platform fees, or other commercial considerations from transaction participants.

Any applicable investor fees or charges will be communicated as part of the relevant opportunity or transaction documentation.

16. Third-Party Professionals

FracInvest may work with professional service providers such as lawyers, accountants, valuers, consultants, technology providers, KYC providers, banking partners, and other specialists.

Their involvement may vary from one opportunity to another.

17. Your Account and Information

You are responsible for ensuring that information provided to FracInvest is accurate and up to date.

You should not share your account credentials with another person or allow unauthorised access to your account.

Please notify us if you believe that your account has been accessed without your permission.

18. Responsible Use of the Platform

You agree to use FracInvest only for lawful purposes. You must not:

• Provide false or misleading information
• Misuse investment information
• Attempt unauthorised access
• Interfere with the Platform
• Engage in fraudulent activity
• Use Platform content for unauthorised commercial purposes

19. Intellectual Property

The FracInvest name, logo, website design, content, graphics, technology, and other Platform materials are owned by or licensed to FracInvest.

You may access and use this content for your personal evaluation of investment opportunities, but you may not reproduce, distribute, or commercially exploit it without permission.

20. Platform Availability

We continuously work to keep FracInvest available and functional.

However, the Platform may occasionally be unavailable due to maintenance, technical issues, third-party services, updates, or circumstances beyond our control.

21. Limitation of Liability

To the extent permitted by applicable law, FracInvest will not be responsible for losses arising solely from:

• Investment performance
• Changes in property values
• Developer or counterparty default
• Project delays
• Failure of an underlying investment
• Market conditions
• Regulatory changes
• Decisions made independently by an investor

Nothing in these Terms limits any liability that cannot legally be limited under applicable law.

22. Relationship Between Investor and FracInvest

Using FracInvest does not create a partnership, joint venture, agency, or fiduciary relationship between the investor and FracInvest.

Your investment relationship is with the identified opportunity-specific entity, as set out in the applicable Investment Documents.

23. Privacy

Your use of FracInvest is also governed by our Privacy Policy.

We may collect and process information required to provide our services, communicate with you, conduct KYC and compliance checks, facilitate transactions, and improve the Platform, in accordance with applicable law.

24. Changes to These Terms

We may update these Terms from time to time.

The latest version will be made available on the Platform.

Your continued use of FracInvest after an updated version is published means that you accept the revised Terms.

25. Governing Law

These Terms shall be governed by the laws of India.

Subject to the terms of any specific Investment Documents, the courts at Bengaluru, Karnataka, India shall have jurisdiction.

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By accessing or using FracInvest.in, you confirm that you have read and understood these Terms of Use.