General Terms and Conditions
1. Introduction
These Terms and Conditions (“Terms”) govern your access to and use of the products and services provided by Capstone Investments (“the Firm,” “we,” “us,” or “our”). By opening an account, using our services, or entering into any investment relationship with the Firm, you acknowledge that you have read, understood, and agree to be bound by these Terms, together with any applicable account agreements, disclosures, policies, and other documentation provided by the Firm.
If you do not agree with any provision of these Terms, you should not establish an account or use the products or services offered by Capstone Investments.
2. Eligibility
Our services are available only to individuals and legal entities that satisfy all applicable legal, regulatory, and compliance requirements. By using our services, you represent and warrant that you:
- are at least 18 years of age (or the age of legal majority in your jurisdiction);
- have the legal capacity to enter into binding agreements;
- are not prohibited by any applicable law or regulation from investing or using our services; and
- have provided complete and accurate information to the Firm.
We reserve the right to refuse, suspend, or terminate any account that does not satisfy these eligibility requirements.
3. Services
Capstone Investments provides a range of investment products and financial services, including, but not limited to, investment advisory services, portfolio management, listed securities, exchange-traded funds (ETFs), fixed-income investments, private placements, pre-IPO and secondary market opportunities, alternative investments, and other financial products.
The availability of products and services may vary depending on the client’s jurisdiction, regulatory status, and suitability assessment. Certain investments may be subject to additional agreements, offering documents, or disclosures.
4. Investment Risks
All investments involve risk, including the possible loss of some or all invested capital. Investment values may fluctuate due to market conditions, economic events, interest rate changes, currency movements, geopolitical developments, liquidity constraints, or issuer-specific factors.
Past performance is not indicative of future results, and no representation or guarantee is made regarding future performance or investment returns. Clients should carefully assess their investment objectives, financial circumstances, investment experience, and risk tolerance before making any investment decision.
5. Client Responsibilities
You agree to provide complete, accurate, and up-to-date information when opening and maintaining your account and to promptly notify the Firm of any material changes to your personal, financial, tax, or contact information.
You acknowledge that you are responsible for reviewing all investment documentation, understanding the risks associated with your investments, and ensuring that all instructions provided to the Firm are authorized and accurate.
6. Fees and Charges
All applicable commissions, advisory fees, transaction charges, custody fees, foreign exchange charges, taxes, and other costs relating to the Firm’s services will be disclosed in the relevant agreements or fee schedules.
You agree to pay all applicable fees associated with your account. Capstone Investments reserves the right to amend its fee schedules upon reasonable notice where permitted by applicable law.
7. Confidentiality and Privacy
Capstone Investments is committed to protecting the confidentiality and security of your personal information.
Our Privacy Policy forms an integral part of these Terms and explains how we collect, process, store, disclose, and safeguard your personal information in accordance with applicable data protection laws.
8. Limitation of Liability
To the fullest extent permitted by applicable law, Capstone Investments and its directors, officers, employees, representatives, affiliates, and agents shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from your use of the Firm’s services or from any investment decision.
The Firm shall not be responsible for losses resulting from market movements, delays in execution, exchange failures, communication disruptions, force majeure events, governmental actions, or other circumstances beyond its reasonable control.
Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.
9. Indemnification
You agree to indemnify, defend, and hold harmless Capstone Investments and its affiliates, directors, officers, employees, agents, and representatives from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from:
- your breach of these Terms;
- inaccurate or misleading information provided by you;
- unauthorized use of your account; or
- violations of applicable laws or regulations.
10. Termination
Either party may terminate the client relationship at any time, subject to any applicable account agreements or outstanding contractual obligations.
Termination shall not affect any rights or obligations accrued prior to termination. You remain responsible for all fees, charges, and liabilities incurred before your account is closed.
11. Governing Law
Capstone Investments SA, located at Place de Longemalle 7, 1204 Geneva, Switzerland (UID: CHE-394.427.821), is part of the Capstone Corporate Limited group of companies. Its parent company, Capstone Corporate Limited, is registered at 3076 Sir Francis Drake’s Highway, P.O. Box 3463, Road Town, Tortola, VG1110, British Virgin Islands.
Capstone Investments SA is incorporated in Switzerland, while Capstone Corporate Limited is incorporated in the British Virgin Islands. Both companies operate as affiliated entities within the same corporate group and are regulated by the British Virgin Islands Financial Services Commission (BVIFSC) under Registration No. 1778250.
Capstone Investments SA conducts its investment activities exclusively in relation to securities and financial products traded or expected to trade on United States markets.
The contractual relationship between the Client and Capstone Investments SA shall initially be governed by the laws of the British Virgin Islands and, where applicable, the laws of Switzerland, including the interpretation, validity, and enforcement of the Account Agreement and any related contractual documentation.
Once the Client becomes the registered owner or beneficial holder of any equity security, exchange-traded fund (ETF), managed fund, commodity option contract, or other investment product, the rights and obligations relating to that investment shall also be subject to the applicable laws, regulations, and rules governing the relevant United States market or exchange on which the investment is listed or traded, including, where applicable, the Nasdaq Stock Market or any other U.S. securities exchange.
Where a dispute arises concerning the contractual relationship between the Client and Capstone Investments SA, or concerning any investment held through the Firm, jurisdiction may, depending on the nature of the dispute and the applicable legal or regulatory framework, lie with the courts or recognized arbitration forums of the British Virgin Islands, Switzerland, or the United States.
Nothing in this provision shall prevent either party from seeking interim, injunctive, or other equitable relief before a court of competent jurisdiction where permitted by applicable law.
12. Amendments
Capstone Investments reserves the right to amend these Terms from time to time in response to changes in applicable laws, regulations, business practices, or the services we provide.
Material amendments will be communicated through appropriate client communications or other official channels. Your continued use of our services following the effective date of any amendment constitutes acceptance of the revised Terms.
13. Contact Information
If you have any questions regarding these Terms and Conditions, please contact your Investment Representative or the Firm through its official client service channels.