Investment Agreement
Last updated: April 25, 2025
This Investment Agreement ("Agreement") sets forth the terms and conditions governing your investment relationship with Evermount Capital. By using our platform and making investments, you agree to be bound by this Agreement.
1. Parties to the Agreement
- Evermount Capital ("Company", "we", "us", "our") - The technology platform provider and investment service facilitator.
- Investor ("you", "your", "Client") - The individual or entity using the platform to make investments.
2. Investment Services
Evermount Capital provides access to investment opportunities including:
- Hedge fund investment strategies
- Quantitative trading strategies
- Portfolio management services
- Investment analytics and reporting
- Risk management tools
Investment services may be provided directly by Evermount Capital or through licensed third-party entities, depending on jurisdiction and regulatory requirements.
3. Client Obligations
You agree to:
- Provide accurate and complete information during account registration and KYC
- Maintain the security and confidentiality of your account credentials
- Notify us immediately of any unauthorized access or suspicious activity
- Comply with all applicable laws and regulations
- Only invest funds that you can afford to lose entirely
- Seek independent financial, legal, and tax advice before investing
- Understand and accept all investment risks
- Provide updated information when your circumstances change
- Not use the platform for illegal or unauthorized purposes
4. Fees & Charges
- Management Fees: Annual management fees as disclosed in your selected investment plan (typically 2% of assets under management).
- Performance Fees: Performance fees may apply (typically 20% of profits above high-water mark) as disclosed in your investment plan.
- Transaction Fees: Certain transactions may incur fees as disclosed at the time of transaction.
- Withdrawal Fees: Withdrawal fees may apply depending on withdrawal method and frequency.
- Fee Disclosure: All fees are disclosed in your investment plan documentation and fee schedule. You will be notified of any fee changes.
5. Investment Terms
- Minimum Investment: Minimum investment amounts vary by investment plan and are disclosed at the time of selection.
- Lock-Up Periods: Some investments may have lock-up periods during which withdrawals are restricted.
- Redemption Terms: Withdrawal requests may be subject to notice periods and processing times as disclosed in your investment plan.
- Valuation: Investment values are calculated and reported in accordance with applicable accounting standards and valuation methodologies.
- Performance Reporting: Performance reports are provided periodically as disclosed in your investment plan.
6. Risk Acknowledgment
You acknowledge and agree that:
- All investments involve risk of loss
- You may lose some or all of your invested capital
- Past performance does not guarantee future results
- Investments are not insured or guaranteed
- You have read and understood the Risk Disclosure Statement
- You are capable of evaluating investment risks
- You have sufficient financial resources to bear the risk of loss
7. Limitation of Liability
To the maximum extent permitted by law:
- Evermount Capital's liability is limited to the fees paid by you in the 12 months preceding any claim
- We are not liable for investment losses, market fluctuations, or economic conditions
- We are not liable for indirect, consequential, or special damages
- We are not liable for third-party actions or system failures beyond our reasonable control
8. Termination
- Either party may terminate this Agreement in accordance with the terms of your investment plan
- We may suspend or terminate your account for breach of this Agreement, regulatory violations, or suspicious activity
- Upon termination, you may withdraw your funds subject to applicable lock-up periods and redemption terms
- Termination does not affect accrued rights and obligations
9. Governing Law & Dispute Resolution
- This Agreement is governed by the laws of Kenya, or as otherwise specified in your jurisdiction
- Disputes will be resolved through arbitration or competent courts as per applicable law
- You may have rights under consumer protection laws in your jurisdiction