Effective date: January 2025
Website: https://deistler.family and associated subdomains (the “Website”)
Provider: Deistler Family Office and its global affiliates (“Deistler”, “we”, “us”, “our”)

IMPORTANT NOTICE (NO LEGAL ADVICE)
By using this Website you acknowledge and agree that this document is a contractual template and does not constitute legal advice. It must be reviewed, adapted and approved by qualified legal counsel in each relevant jurisdiction before use.

1. SCOPE, ACCEPTANCE AND CONTRACTUAL FRAMEWORK

1.1 Scope of these Terms
(a) These Website Terms of Use (the “Terms”) govern your access to and use of the Website, including all content, documents, tools, functionalities, password-protected areas, data rooms, APIs, portals and services made available via the Website (collectively, the “Online Services”).
(b) These Terms apply in addition to, and do not replace, any separate written agreement between you (or the institution you represent) and Deistler, including portfolio management agreements, investment advisory agreements, fund subscription documents, non-disclosure agreements, or any other contractual arrangements (collectively, “Client Agreements”).
(c) In the event of any conflict between these Terms and any Client Agreement, the relevant Client Agreement shall prevail with respect to the investment or service relationship governed by that Client Agreement. These Terms prevail only with respect to your use of the Website and the Online Services.

1.2 Acceptance
(a) By accessing, browsing or using the Website or any Online Service, or by clicking “Accept”, “I agree” or any similar button, you agree to be bound by these Terms in full.
(b) If you do not agree with these Terms, you must not access or use the Website and must cease use immediately.
(c) If you access the Website on behalf of any entity, you represent and warrant that you are duly authorised to bind that entity to these Terms and that all references to “you” or “your” shall refer to that entity.

1.3 Amendments
(a) Deistler may amend, modify, update or replace these Terms at any time. Changes shall take effect upon posting on the Website or upon such later effective date as may be stated.
(b) Continued access or use of the Website after changes are posted constitutes your deemed acceptance of the amended Terms.
(c) You are responsible for regularly reviewing the then-current Terms.

2. PROFESSIONAL / INSTITUTIONAL USER ONLY

2.1 No Retail Investors / Clients
(a) The Website is intended exclusively for use by professional, institutional, qualified, well-informed or wholesale investors, financial intermediaries and similar categories of non-retail investors as defined under applicable laws and regulations.
(b) The Website is not intended for, and must not be used by, retail investors or retail clients (including consumers) as defined, without limitation, under:
(i) Directive 2014/65/EU on markets in financial instruments (MiFID II),
(ii) German Wertpapierhandelsgesetz (WpHG),
(iii) Swiss Financial Services Act (FinSA/FINSA),
(iv) UK Financial Services and Markets Act 2000 and associated FCA rules,
(v) EU UCITS Directive, AIFM Directive,
(vi) MAS regulations (Singapore),
(vii) ASIC Corporations Act and regulations (Australia),
(viii) Hong Kong SFO,
(ix) US Securities Act of 1933 and Investment Company / Advisers Acts,
(x) and equivalent provisions in other jurisdictions.

2.2 User Representations
By accessing the Website, you represent and warrant that:
(a) you are not a retail investor or retail client;
(b) you are, as applicable, a professional client, eligible counterparty, qualified investor, well-informed investor, institutional investor, accredited investor, qualified purchaser, wholesale client, or equivalent under the laws of your jurisdiction;
(c) you are accessing the Website in your professional or business capacity and not as a consumer;
(d) you will not rely on any information on the Website for your personal investment decisions or those of retail clients.

2.3 Prohibition on Retail Distribution
You undertake not to:
(a) forward, distribute, or otherwise make available any information obtained from the Website to any retail client, consumer or non-professional investor;
(b) use Website content in marketing or advising retail clients unless and until such content is expressly designated as compliant for such use under applicable local laws and regulations and you are authorised to do so.

3. REGULATORY STATUS AND CROSS-BORDER RESTRICTIONS

3.1 No Licensing Representations
(a) Deistler conducts its activities through various group entities which may be authorised and regulated by BaFin (Germany) and other regulators as relevant (for example, FINMA, FCA, CSSF, Central Bank of Ireland, MAS, DFSA, SEC, etc.).
(b) References on the Website to any regulatory authorisation are strictly limited to the entity and jurisdiction expressly mentioned and must not be interpreted as a group-wide authorisation to engage in regulated activities in all jurisdictions.

3.2 Jurisdiction Selection
(a) Where the Website requires you to select your country of domicile and/or regulatory status, such selection constitutes your representation that the chosen jurisdiction and status are true, accurate and complete.
(b) Deistler shall be entitled to rely on such selection for the purpose of controlling access to content and determining which regulatory notices apply.
(c) If your circumstances change, you must cease using the Website and re-access it with the correct updated jurisdiction and status.

3.3 Cross-Border Access
(a) Access to the Website may be restricted or unlawful in certain jurisdictions. By accessing the Website, you confirm that such access is permitted under the laws and regulations applicable to you.
(b) You are solely responsible for ensuring that your use of the Website complies with all applicable laws, including any restrictions relating to the promotion, marketing, offering or distribution of financial instruments or services in your jurisdiction.
(c) Deistler does not undertake any obligation to verify that you are permitted to access the Website in your jurisdiction and shall not be liable for any consequences of unauthorized or unlawful access by you.

3.4 US Persons
Unless expressly stated otherwise:
(a) Units, shares or interests in any fund, vehicle or structure described on the Website are not offered to, and may not be sold to, “U.S. Persons” as defined under Regulation S of the U.S. Securities Act of 1933 and related rules;
(b) The Website is not intended for persons located in the United States or any U.S. territory, except where access is explicitly permitted under applicable exemptions and you have been directly authorised by Deistler.

4. NO OFFER, NO SOLICITATION, NO ADVICE, NO SUITABILITY

4.1 No Offer or Invitation
(a) The Website and any information contained herein are provided for general informational purposes only.
(b) Nothing contained on the Website constitutes or shall be construed as:
(i) an offer to sell or a solicitation of an offer to buy any security, interest, share, unit or other financial instrument;
(ii) an invitation to participate in any investment strategy or product;
(iii) a marketing communication, financial promotion or advertisement to the public where such communication is restricted.

4.2 No Advice or Recommendation
(a) No information on the Website constitutes investment, financial, legal, regulatory, accounting, tax or other advice.
(b) No information should be relied upon as a recommendation or suggestion to enter into, hold or dispose of any transaction or to pursue any investment strategy.
(c) You remain solely responsible for obtaining independent professional advice and for making your own assessment of risks and suitability.

4.3 No Suitability or Appropriateness Assessment
(a) Access to the Website does not involve any assessment by Deistler of the suitability or appropriateness of any product, strategy or service for you.
(b) Deistler does not consider your investment objectives, financial situation, risk tolerance, knowledge and experience, or any other personal circumstances in relation to your use of the Website.

4.4 Local Law Restrictions
Information on the Website may not be compliant with local laws or regulations in all jurisdictions. The availability of information does not imply that:
(a) any product or service is suitable or appropriate in your jurisdiction;
(b) any product or service is approved for sale or distribution in your jurisdiction.

5. INVESTMENT RISKS AND PERFORMANCE DATA

5.1 General Investment Risk
(a) Investments in financial instruments and strategies are subject to significant risks, including the potential for loss of the entire amount invested.
(b) The value of investments and income from them may fluctuate and are not guaranteed.
(c) Exchange rate movements, interest rate changes, credit events, liquidity conditions, leverage, market volatility and other factors may adversely affect performance.

5.2 Past Performance, Simulations and Projections
(a) Past performance is not a reliable indicator of future results.
(b) Any simulations, backtests, projections, forecast scenarios or modelled returns shown on the Website are hypothetical and for illustrative purposes only.
(c) Simulated or hypothetical performance results may differ materially from actual outcomes and are subject to biases, including but not limited to hindsight bias, selection bias, survivorship bias and assumptions that may not hold in real markets.
(d) No representation or warranty is given that any projection or forecast will be realized.

5.3 Third-Party Data and Indices
(a) Market data, benchmarks, indices, ratings or analytics provided by third parties are used on an “as is” basis and may be delayed, incomplete, inaccurate or otherwise unreliable.
(b) Any index or benchmark referenced does not imply sponsorship, endorsement or approval by the index provider of Deistler or any of its products.

5.4 Forward-Looking Statements
(a) The Website may contain statements that are “forward-looking” in nature, including expectations, opinions, estimates, forecasts, scenario analyses or other predictions.
(b) Such statements are inherently uncertain and are based on assumptions that may change without notice.
(c) Actual outcomes and results may differ materially. Deistler assumes no obligation to update or revise any forward-looking statement.

6. WEBSITE CONTENT AND AVAILABILITY

6.1 Content Ownership and Control
(a) All content on the Website, including text, graphics, logos, icons, images, audio clips, video, data, code, software, layouts, research, analysis, tools and designs (collectively, “Content”) is the property of Deistler or its licensors and is protected by copyright, trademark, trade secret and other intellectual property and proprietary rights.
(b) Deistler may modify, add, remove or update any Content at any time without notice.

6.2 No Guarantee of Accuracy or Completeness
(a) While reasonable care may be taken in preparing and updating the Content, Deistler makes no representation, warranty or guarantee as to the accuracy, completeness, timeliness, reliability or suitability of any Content.
(b) Errors, omissions, typographical mistakes, outdated information or inaccuracies may be present.

6.3 No Obligation to Update
Deistler is under no obligation (except where required by law) to update, revise or correct the Content or to notify you of changes, including changes in market conditions, applicable laws or the position or views of Deistler.

6.4 Availability and Interruptions
(a) The Website and Online Services may be unavailable, restricted or interrupted from time to time due to maintenance, technical issues, cyber incidents, force majeure events or for any other reason.
(b) Deistler disclaims all liability for any unavailability, delay, disruption or malfunction of the Website or any Online Service.

7. INTELLECTUAL PROPERTY LICENCE

7.1 Limited Licence
Subject to your full compliance with these Terms, Deistler grants you a revocable, non-exclusive, non-transferable, non-sublicensable licence to access and view the Website and Content solely for your internal professional use and only for legitimate purposes consistent with these Terms and applicable laws.

7.2 Prohibited Uses
You shall not (and shall not permit any third party to):
(a) copy, reproduce, publish, republish, redistribute, transmit, display, modify, adapt, alter, reverse-engineer, decompile, disassemble, frame, mirror, or create derivative works based on the Website or Content, except as strictly necessary for normal web-browsing;
(b) bypass or circumvent any security, usage or access limits;
(c) scrape, crawl, harvest or systematically extract data;
(d) use any automated means (robots, spiders, scripts or similar technologies) to access the Website or collect information;
(e) remove any copyright, trademark, confidentiality or proprietary notices.

7.3 Trademarks
(a) All trademarks, service marks, logos, trade names and brand features appearing on the Website (“Marks”) are proprietary to Deistler or its licensors.
(b) No licence or right to use any Mark is granted or implied by access to the Website.

8. ACCEPTABLE USE AND PROHIBITIONS

8.1 Lawful Use
You agree to use the Website only for lawful purposes and in full compliance with all applicable laws, regulations and regulatory guidance, including those relating to financial services, market conduct, data protection, intellectual property, cybersecurity and sanctions.

8.2 Prohibited Conduct
You shall not:
(a) use the Website in any manner that is unlawful, fraudulent, abusive, defamatory, obscene, offensive or otherwise objectionable;
(b) engage in any conduct that could harm Deistler, its clients, counterparties, employees, service providers or other users;
(c) distribute or transmit any virus, worm, trojan, malicious code or other harmful element;
(d) engage in hacking, penetration testing, denial-of-service attacks, probing or scanning of systems or networks;
(e) misuse any login credentials, or attempt to gain unauthorized access to any systems, accounts, data, or areas of the Website;
(f) upload, transmit or share any content that infringes the rights of third parties, including intellectual property, privacy or confidentiality rights;
(g) impersonate any person or entity or falsely state or misrepresent your affiliation.

9. LOGIN CREDENTIALS AND SECURITY

9.1 User Accounts
(a) Certain parts of the Website may require user registration or the issuance of credentials (username, password, multi-factor authentication token or similar).
(b) You shall keep all credentials strictly confidential and must not share them with any third party.

9.2 Responsibility for Access
(a) You are responsible for all activities conducted under your user credentials, irrespective of whether such activity is authorized by you.
(b) You shall notify Deistler without undue delay of any suspected or actual loss, theft, misuse or unauthorized use of your credentials.

9.3 Security Measures
Deistler may implement security controls such as encryption, monitoring, logging, access controls and other technical or organizational measures. You shall not circumvent or interfere with any such measures.

10. THIRD-PARTY CONTENT, LINKS AND INTEGRATIONS

10.1 Third-Party Websites
(a) The Website may contain links to external websites or resources provided by third parties (“Third-Party Sites”).
(b) Deistler does not endorse, control or monitor such Third-Party Sites and is not responsible for their content, availability, accuracy or security.

10.2 Third-Party Tools and Data
(a) The Website may utilize or display information, data or functionalities provided by third parties (including data vendors, index providers, analytics engines and cloud service providers).
(b) Deistler disclaims any responsibility for third-party data or tools, which are used at your own risk.

10.3 No Endorsement
Links or references to Third-Party Sites, products or services do not constitute an endorsement, recommendation or sponsorship by Deistler.

11. COOKIES AND TRACKING TECHNOLOGIES

11.1 Use of Cookies
(a) The Website uses cookies and similar tracking technologies (including but not limited to HTTP cookies, HTML5 storage, web beacons, clear GIFs, tags, scripts, and device fingerprinting) to support Website functionality, security, analytics and personalization.
(b) For further details, please refer to Deistler’s Cookies and Tracking Notice, as amended from time to time.

11.2 Types of Cookies
Without limitation, the Website may use:
(a) Strictly necessary cookies (for security, session management, login, load balancing);
(b) Functional cookies (preferences, language, display settings);
(c) Analytics cookies (usage patterns, performance monitoring, error tracking);
(d) In certain jurisdictions, advertising or targeting cookies (subject to consent where required).

11.3 Consent and Control
(a) Where required by law, your use of non-essential cookies is subject to your consent.
(b) You may manage your cookies preferences via browser settings or consent management tools provided on the Website. Disabling some cookies may impair Website functionality.

12. PRIVACY AND DATA PROTECTION SUMMARY

12.1 Data Protection Framework
(a) Deistler processes personal data in accordance with applicable data protection laws, including where relevant:
– EU General Data Protection Regulation (GDPR),
– UK GDPR,
– Swiss Federal Data Protection Act,
– DIFC Data Protection Law,
– Singapore PDPA,
– Canadian PIPEDA,
– Brazilian LGPD,
– CCPA/CPRA California (and comparable U.S. State laws),
– other applicable local regimes.
(b) Detailed information is provided in the Deistler Global Privacy Notice, which is separate from these Terms and is incorporated by reference.

12.2 Processing Purposes
Without limitation, personal data may be processed for:
(a) user authentication and access control;
(b) Website and system security;
(c) logging, audit and compliance;
(d) service improvement and analytics;
(e) regulatory and legal obligations;
(f) client relationship management.

12.3 International Transfers
(a) Personal data may be transferred to, and stored or processed in, countries outside your jurisdiction, including those that may not provide the same level of data protection.
(b) Where required, appropriate safeguards such as Standard Contractual Clauses or local equivalents shall be used.

13. ESG, SUSTAINABILITY AND SFDR DISCLOSURES

13.1 SFDR and EU Taxonomy
(a) Where Deistler provides information relating to sustainability risks, environmental or social characteristics, or sustainable investment objectives, such information is provided in accordance with applicable regulation, including Regulation (EU) 2019/2088 (SFDR) and Regulation (EU) 2020/852 (EU Taxonomy), as applicable.
(b) Detailed SFDR disclosures may be available in pre-contractual documents, periodic reports and website disclosures for relevant financial products.

13.2 Limitations of ESG Data
(a) ESG information often relies on third-party data providers and self-reported data that may be incomplete, inconsistent, subjective, estimated or subject to change.
(b) Deistler does not guarantee the accuracy, completeness or comparability of such data.

13.3 No Guarantee of Impact
No statement regarding environmental or social outcomes constitutes a guarantee that any particular level of sustainability performance or impact will be achieved.

14. CONFLICTS OF INTEREST DISCLOSURE

14.1 Existence of Conflicts
(a) Deistler, its affiliates, directors, officers, employees and clients may have positions in, provide services to, or have other interests in issuers, instruments or strategies discussed or referenced on the Website.
(b) Such interests may conflict with the interests of other clients or users.

14.2 Conflicts Management
Deistler maintains policies and procedures designed to identify, manage and, where appropriate, disclose conflicts of interest, including:
(a) information barriers;
(b) restricted lists;
(c) personal account dealing rules;
(d) allocation and aggregation policies;
(e) compensation structures not unduly influenced by conflicting interests.

15. THIRD-PARTY OUTSOURCING AND CLOUD USE

15.1 Use of Service Providers
(a) Deistler may engage third-party service providers (including cloud providers, data centres, IT and cybersecurity vendors, analytics providers, administrative agents and other outsourcing partners) in connection with the operation, maintenance, hosting and support of the Website and related systems.
(b) Such providers may be located in various jurisdictions worldwide.

15.2 Contractual Safeguards
(a) Deistler shall require such providers, where necessary, to be bound by appropriate contractual obligations relating to confidentiality, security and data protection.
(b) Deistler remains responsible, vis-à-vis users, for such providers, subject to limitations of liability under these Terms and applicable law.

16. AML, SANCTIONS AND MARKET ABUSE

16.1 AML and Sanctions Compliance
(a) Deistler is obliged to comply with applicable anti-money laundering (AML), counter-terrorist financing and sanctions laws and regulations, including those of the European Union, Germany, United Kingdom, United States, United Nations and other relevant jurisdictions.
(b) Deistler may screen users and their related parties against sanctions, watchlists and politically exposed persons (PEP) databases.

16.2 Prohibited Persons
You shall not access the Website if you:
(a) are listed on any applicable sanctions list;
(b) are located in, or are a resident or national of, any country or territory subject to comprehensive sanctions;
(c) intend to use the Website or any information in breach of sanctions.

16.3 Market Abuse
(a) You shall not use any information obtained from the Website to engage in market abuse, including insider dealing, unlawful disclosure of inside information or market manipulation.
(b) You remain responsible for compliance with EU Market Abuse Regulation, UK MAR, and any equivalent regimes.

17. DISCLAIMERS OF WARRANTY (“AS IS”)

17.1 No Warranties
To the maximum extent permitted by applicable law, Deistler provides the Website and Content on an “as is” and “as available” basis and expressly disclaims all warranties, representations or conditions, whether express, implied, statutory or otherwise, including but not limited to any implied warranties of:
(a) merchantability;
(b) fitness for a particular purpose;
(c) non-infringement;
(d) accuracy;
(e) completeness;
(f) timeliness;
(g) reliability;
(h) availability or uninterrupted access;
(i) freedom from viruses, malware or other harmful elements.

17.2 User Responsibility
You assume full responsibility and risk for:
(a) your use of the Website and Content;
(b) your reliance on any information provided;
(c) your decisions and actions resulting therefrom.

18. LIMITATION OF LIABILITY

18.1 Exclusion of Certain Damages
To the fullest extent permitted by applicable law, Deistler, its affiliates, directors, officers, employees, agents and service providers shall not be liable for any:
(a) indirect, incidental, consequential, special, punitive or exemplary damages;
(b) loss of profits, revenue, business, goodwill, opportunity or anticipated savings;
(c) loss or corruption of data;
(d) business interruption;
(e) damages resulting from viruses, system failures or communication line failures;
arising out of or in connection with the Website or these Terms, regardless of the form of action (contract, tort, negligence, strict liability or otherwise), even if advised of the possibility of such damages.

18.2 Limitation of Direct Damages
Where liability cannot be fully excluded, Deistler’s aggregate liability towards you in connection with your use of the Website shall in no event exceed, in the aggregate, EUR 1,000 (one thousand Euros) or such higher minimum amount as may be required by mandatory law.

18.3 Mandatory Law
Nothing in these Terms shall exclude or limit any liability that cannot be excluded or limited under applicable mandatory law, including but not limited to liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.

19. INDEMNITY BY THE USER

You agree to indemnify, defend and hold harmless Deistler, its affiliates, directors, officers, employees and agents from and against any and all claims, demands, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of or relating to:
(a) your breach of these Terms;
(b) your violation of any applicable law or regulation;
(c) your misuse of the Website or Content;
(d) any third-party claim arising from your use of the Website.

20. TERMINATION AND SUSPENSION

20.1 Termination by Deistler
Deistler may, at any time and without notice or liability, suspend, restrict or terminate your access to the Website (in whole or in part) for any reason, including but not limited to:
(a) breach of these Terms;
(b) suspected fraud or misuse;
(c) security or integrity concerns;
(d) regulatory or legal constraints;
(e) cessation or modification of the Website.

20.2 Effect of Termination
(a) Upon termination, your right to access the Website and Content shall cease immediately.
(b) The following provisions shall survive termination: intellectual property, disclaimers, limitations of liability, indemnities, governing law and jurisdiction, and any other provisions intended to survive.

21. GOVERNING LAW AND JURISDICTION

21.1 Governing Law
These Terms and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales, without giving effect to any choice or conflict of law rules.

21.2 Jurisdiction
(a) The courts of England shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity or termination.
(b) Deistler retains the right, at its sole discretion, to bring proceedings against you in any other court of competent jurisdiction, including in your domicile or any jurisdiction where a breach may have occurred.

22. MISCELLANEOUS PROVISIONS

22.1 Entire Agreement
These Terms (together with all policies and notices referenced herein, including the Privacy Notice and Cookies Notice) constitute the entire agreement between you and Deistler regarding your use of the Website and supersede all prior or contemporaneous understandings, proposals or communications relating thereto.

22.2 Severability
If any provision of these Terms is deemed invalid, illegal or unenforceable by a competent court or authority, that provision shall be severed or limited to the minimum extent necessary and the remaining provisions shall continue in full force and effect.

22.3 No Waiver
No failure or delay by Deistler in exercising any right, power or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right preclude any other or further exercise.

22.4 Assignment
(a) You may not assign, transfer or delegate any of your rights or obligations under these Terms without the prior written consent of Deistler.
(b) Deistler may assign or transfer its rights and obligations under these Terms to any affiliate or successor entity, or in connection with any corporate reorganisation, merger, sale or restructuring, without prior notice.

22.5 Third-Party Rights
Except as otherwise expressly stated, no person other than you and Deistler shall have any rights under these Terms, and no provision is intended to be enforceable pursuant to any third-party rights statute.

22.6 Language
The English language version of these Terms shall prevail. Translations may be provided for convenience only and shall not override the English version.