Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Aeternum Wealth Management ("AWM," "we," "our," or "us"), a licensed investment manager incorporated in Vanuatu. By accessing our website, engaging our services, or entering into an investment management agreement, you agree to be bound by these Terms.

2. Description of Services

Investment Management Services

AWM provides discretionary investment management services focused on gold and precious metals markets. Our services include:

• Portfolio management and investment strategy implementation
• Risk management and monitoring
• Performance reporting and client communication
• Investment research and market analysis
• Regulatory compliance and record-keeping

Investment Approach

Our investment strategy focuses exclusively on gold and precious metals markets through systematic trading approaches, risk management techniques, and market opportunity assessment. We employ proprietary models and decades of market expertise to generate risk-adjusted returns for our clients.

3. Client Eligibility and Suitability

Minimum Qualifications

To engage our services, clients must meet the following requirements:

• Minimum investment of $500,000 USD
• Accredited investor or qualified purchaser status
• Professional or sophisticated investor classification
• Completion of comprehensive suitability assessment
• Acknowledgment of investment risks and objectives

Suitability Assessment

We conduct thorough suitability assessments to ensure our investment strategy aligns with your financial objectives, risk tolerance, and investment experience. You agree to provide accurate and complete information during this assessment and notify us of any material changes to your circumstances.

4. Investment Management Agreement

Our investment management services are governed by a separate Investment Management Agreement ("IMA") that includes:

• Detailed description of investment objectives and strategy
• Fee structure and calculation methodology
• Risk disclosures and performance expectations
• Reporting and communication procedures
• Termination provisions and procedures

These Terms supplement but do not replace the IMA. In case of conflict, the IMA takes precedence regarding investment-specific matters.

5. Fees and Compensation

Fee Structure

Our compensation structure is performance-based and aligned with client interests:

• Management Fee: 0% (no annual management fee)
• Performance Fee: 20% of net profits above high-water mark
• High-water mark provisions apply to all performance calculations
• No performance fees charged during loss periods

Fee Calculation and Payment

Performance fees are calculated annually based on net profits generated above the account's previous high-water mark. Fees are deducted directly from client accounts following year-end calculations. Detailed fee calculations and supporting documentation are provided with annual statements.

6. Custody and Account Structure

Prime Brokerage

All client assets are held at Interactive Brokers (IBKR) in segregated hedge fund accounts. This structure provides:

• Complete segregation of client and firm assets
• SIPC insurance protection up to $500,000
• Additional Lloyd's of London coverage up to $150 million
• Real-time account access and transparency
• Institutional-grade security and regulatory oversight

Account Access

Clients maintain read-only access to their accounts through IBKR's secure platform. We retain discretionary trading authority as outlined in the Investment Management Agreement. Clients can monitor positions, performance, and transactions in real-time.

7. Client Responsibilities

As a client, you agree to:

• Provide accurate and complete information for account opening
• Maintain minimum account balances as specified
• Notify us promptly of changes to your circumstances
• Review and respond to communications in a timely manner
• Comply with all applicable laws and regulations
• Pay fees and expenses as outlined in the agreement
• Maintain confidentiality of proprietary information

8. Representations and Warranties

Client Representations

By engaging our services, you represent and warrant that:

• You have full legal capacity to enter into this agreement
• All information provided is accurate and complete
• You meet all eligibility requirements for our services
• Your investment is suitable given your circumstances
• You understand the risks associated with our investment strategy
• You have obtained necessary approvals and authorizations

AWM Representations

We represent and warrant that:

• We are properly licensed and authorized to provide investment services
• We will manage your account in accordance with stated objectives
• We maintain appropriate professional indemnity insurance
• We comply with all applicable regulatory requirements
• We will act in your best interests as a fiduciary

9. Limitation of Liability

To the maximum extent permitted by law:

• AWM's liability is limited to the amount of fees paid by the client
• We are not liable for market losses or investment performance
• We exclude liability for indirect, consequential, or punitive damages
• Our liability does not extend to third-party actions or omissions
• Force majeure events are excluded from our liability

This limitation does not apply to liability arising from fraud, willful misconduct, or gross negligence.

10. Indemnification

You agree to indemnify and hold harmless AWM, its officers, directors, employees, and agents from any claims, losses, damages, or expenses arising from: (a) your breach of these Terms or the Investment Management Agreement; (b) your violation of applicable laws or regulations; (c) inaccurate or misleading information provided by you; or (d) your use of our services in a manner not authorized by these Terms.

11. Confidentiality

Both parties acknowledge that confidential information may be disclosed during the course of our relationship. We agree to:

• Maintain strict confidentiality of all client information
• Use client information solely for providing investment services
• Implement appropriate security measures to protect information
• Limit access to information on a need-to-know basis
• Comply with applicable privacy and data protection laws

You agree to maintain confidentiality of our proprietary investment strategies, models, and methodologies.

12. Termination

Termination Rights

Either party may terminate the investment management relationship:

• With 30 days' written notice for any reason
• Immediately for material breach of agreement
• Immediately if continued relationship becomes unlawful
• Upon insolvency or bankruptcy of either party

Termination Procedures

Upon termination, we will liquidate positions in an orderly manner, calculate final fees, provide final reporting, and transfer remaining assets as directed. Termination does not affect accrued rights and obligations or survival provisions of the agreement.

13. Dispute Resolution

Governing Law

These Terms are governed by the laws of Vanuatu. Any disputes arising from or relating to these Terms or our services shall be subject to the exclusive jurisdiction of the courts of Vanuatu.

Alternative Dispute Resolution

Prior to initiating legal proceedings, parties agree to attempt resolution through good faith negotiations. If unsuccessful, disputes may be submitted to binding arbitration under the rules of the Vanuatu International Arbitration Centre or another mutually agreed arbitration body.

14. General Provisions

Entire Agreement

These Terms, together with the Investment Management Agreement and related documentation, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements.

Amendments

We may modify these Terms by providing written notice to clients. Continued use of our services after such notice constitutes acceptance of the modified Terms. Material changes require explicit client consent.

Severability

If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall continue in full force and effect. Invalid provisions shall be replaced with valid provisions that most closely approximate the original intent.

Assignment

These Terms may not be assigned by either party without prior written consent, except that AWM may assign its rights and obligations to an affiliated entity or in connection with a business transfer.

15. Contact Information

For questions regarding these Terms of Service, please contact: