Terms of Service

For the purposes of these Terms, the following definitions apply:

2.1 Eligibility

You must be at least 18 years of age and have the legal capacity to enter into binding contracts to use our Services. By using our Services, you represent and warrant that you meet these eligibility requirements.

2.2 Account Registration

To access certain features, you may need to create an Account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your Account information
• Maintain the security and confidentiality of your Account credentials
• Accept full responsibility for all activities that occur under your Account
• Notify us immediately of any unauthorized use or security breach

2.3 Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You must not:

• Violate any applicable local, national, or international laws or regulations
• Transmit any malicious code, viruses, or harmful materials
• Attempt to gain unauthorized access to our systems or user accounts
• Interfere with or disrupt the integrity or performance of our Services
• Harvest, collect, or gather user data without consent
• Impersonate any person or entity or misrepresent your affiliation

3.1 No Financial Advice

Information provided through our Services is for informational purposes only and does not constitute financial, investment, legal, or tax advice. We recommend consulting with qualified professionals before making any investment decisions.

3.2 Suitability

Our Services are not tailored to individual circumstances. You are responsible for assessing whether any investment, strategy, or product is appropriate for your financial situation, objectives, and risk tolerance.

3.3 Client Classification

We classify clients according to regulatory requirements (Retail, Professional, or Eligible Counterparty). The classification determines the level of regulatory protection and services available to you.

3.4 Order Execution

When executing orders on your behalf, we will follow our Order Execution Policy, taking into account factors including price, costs, speed, likelihood of execution, and settlement.

4.1 Fee Structure

Our fees and charges are disclosed in our Fee Schedule, which forms part of these Terms. Fees may include:

• Management fees based on assets under management
• Performance fees (where applicable)
• Transaction and execution costs
• Administrative and custody fees
• Third-party costs and expenses

4.2 Payment Terms

All fees are quoted exclusive of applicable taxes unless otherwise stated. Payment is due as specified in your agreement or invoice. Late payments may incur interest charges at our prevailing rate.

4.3 Fee Changes

We reserve the right to modify our fee structure with reasonable notice. Material changes will be communicated at least 30 days in advance.

5.1 Ownership

All Content, features, functionality, and design elements of our Services are owned by DKK Investments BV or our licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal or internal business purposes. This license does not include:

• Modifying or copying our Content
• Using Content for commercial purposes without authorization
• Removing copyright or proprietary notices
• Transferring materials to another person or mirroring on another server

5.3 Trademarks

The DKK Investments name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of DKK Investments BV or its affiliates. You may not use such marks without our prior written permission.

6.1 Privacy Policy

Your use of our Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal data. By using our Services, you consent to our data practices as described in the Privacy Policy.

6.2 GDPR Compliance

We process personal data in compliance with the EU General Data Protection Regulation (GDPR) and applicable Dutch data protection laws. You have rights including:

• Right to access your personal data
• Right to rectification of inaccurate data
• Right to erasure ("right to be forgotten")
• Right to restrict processing
• Right to data portability
• Right to object to processing

6.3 Data Security

We implement appropriate technical and organizational measures to protect your data. However, no method of transmission over the internet is 100% secure, and we cannot guarantee absolute security.

7.1 Disclaimer of Warranties

OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Merchantability, fitness for a particular purpose, and non-infringement
• Accuracy, completeness, reliability, or timeliness of Content
• That Services will be uninterrupted, secure, or error-free
• That defects will be corrected or that our servers are virus-free

7.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DKK INVESTMENTS BV AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, goodwill, or business opportunities
• Damages arising from unauthorized access to or use of our servers
• Damages exceeding the amount you paid to us in the 12 months prior to the event

8.1 Termination by You

You may terminate your Account and stop using our Services at any time by contacting us or through your Account settings. Outstanding obligations, including payment of fees, survive termination.

8.2 Termination by Us

We may suspend or terminate your access to Services immediately, without prior notice, for:

• Violation of these Terms or applicable laws
• Fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• Regulatory requirements or court orders
• Operational needs or business discontinuation

8.3 Effect of Termination

Upon termination:

• All licenses and permissions granted to you will cease
• We may delete your Account and associated data
• Provisions intended to survive termination shall remain in effect
• You remain liable for all outstanding payments and obligations

9.1 Governing Law

These Terms and any disputes arising from them shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions.

9.2 Jurisdiction

Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the competent courts of Rotterdam, Netherlands. You consent to the jurisdiction of such courts.

9.3 Alternative Dispute Resolution

Before initiating legal proceedings, we encourage parties to attempt to resolve disputes through good-faith negotiation. If negotiation fails, disputes may be submitted to mediation or arbitration as agreed by both parties.

9.4 Class Action Waiver

You agree that any proceedings shall be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in class actions.

10.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on our website, constitute the entire agreement between you and DKK Investments BV regarding the use of our Services.

10.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent permitted by law.

10.3 Waiver

No waiver of any term shall be deemed a further or continuing waiver. Our failure to enforce any right or provision does not constitute a waiver of such right or provision.

10.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section is void.

10.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, or governmental actions.

10.6 Third-Party Rights

These Terms do not confer any rights on third-party beneficiaries. Only parties to these Terms may enforce them.

10.7 Electronic Communications

By using our Services, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

We reserve the right to modify or replace these Terms at any time at our sole discretion. We will provide notice of material changes by:

• Posting the updated Terms on our website
• Sending an email notification to registered users
• Displaying a prominent notice within our Services

Changes become effective immediately upon posting unless otherwise stated. Your continued use of our Services after changes constitutes acceptance of the revised Terms.

If you have any questions about these Terms, please contact us: