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Terms & Conditions

Last updated: December 15, 2024

Effective Date: January 1, 2024 Version 4.1

Table of Contents

1. Acceptance of Terms 2. Definitions 3. Our Services 4. Account Opening 5. Investment Risks 6. Fees and Charges 7. User Obligations 8. Prohibited Activities 9. Intellectual Property 10. Limitation of Liability 11. Indemnification 12. Termination General Terms 13. Dispute Resolution 14. Governing Law 15. Modifications 16. Contact Information

1. Acceptance of Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and MITON GROUP Asset Management LLC ("MITON GROUP," "we," "us," or "our") regarding your use of our investment management services, website, and related platforms.

By accessing our website, opening an account, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use our services.

Important: These Terms include important provisions regarding dispute resolution, limitation of liability, and your rights and obligations as our client.

2. Definitions

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

"Account" means your investment account(s) with MITON GROUP.
"Assets" means all investments, cash, and securities held in your Account.
"Client" means any individual or entity that opens an Account or uses our Services.
"Platform" means our website, mobile applications, and online investment platforms.
"Services" means all investment management, advisory, and related services provided by MITON GROUP.
"Investment Strategy" means the specific investment approach selected for your Account.

3. Our Services

3.1 Investment Management

MITON GROUP provides discretionary investment management services across various asset classes and investment sectors. Our services include portfolio construction, asset allocation, investment selection, and ongoing portfolio management.

3.2 Investment Advisory

We provide investment advisory services, including market analysis, investment recommendations, and financial planning guidance tailored to your investment objectives and risk tolerance.

3.3 Platform Services

Our Platform provides access to account information, investment performance, market data, research reports, and other tools to help you monitor and understand your investments.

3.4 Regulatory Status

MITON GROUP is a registered investment adviser with the Securities and Exchange Commission (SEC) and operates in compliance with applicable federal and state securities laws and regulations.

4. Account Opening and Eligibility

4.1 Eligibility Requirements

To open an Account with MITON GROUP, you must:

  • Be at least 18 years of age (or the age of majority in your jurisdiction)
  • Have legal capacity to enter into binding agreements
  • Provide accurate and complete information during the account opening process
  • Meet minimum investment requirements for your selected Investment Strategy
  • Pass our identity verification and compliance screening procedures

4.2 Account Opening Process

The account opening process includes completing our client questionnaire, providing required documentation, agreeing to these Terms, and funding your Account. We reserve the right to reject any account application at our sole discretion.

4.3 Know Your Customer (KYC)

We are required to verify your identity and collect certain information about you for regulatory compliance purposes. This may include requesting additional documentation or information at any time during our relationship.

4.4 Minimum Investment

Each Investment Strategy has specific minimum investment requirements. These minimums may change from time to time, and we will provide notice of any changes that affect your Account.

5. Investment Risks and Disclaimers

5.1 General Investment Risks

ALL INVESTMENTS INVOLVE RISK OF LOSS. The value of your investments may fluctuate, but there is a 100% capital protection on your capital.

5.2 Specific Risk Factors

Investment risks include, but are not limited to:

  • Market Risk: Risk of losses due to market volatility and economic conditions
  • Credit Risk: Risk of default by issuers of debt securities
  • Liquidity Risk: Risk that investments cannot be sold quickly at fair value
  • Currency Risk: Risk of losses due to foreign exchange rate fluctuations
  • Concentration Risk: Risk associated with lack of diversification
  • Regulatory Risk: Risk of changes in laws and regulations affecting investments

6. Fees and Charges

6.1 Management Fees

We charge an annual management fee based on the value of Assets in your Account. Management fees are calculated and charged quarterly in advance and are subject to our current fee schedule.

6.2 Performance Fees

Certain Investment Strategies may include performance fees based on investment returns above specified benchmarks. Performance fees are calculated and charged according to the terms of your specific Investment Strategy.

6.3 Other Fees

Additional fees may include:

  • Custodial and administrative fees charged by third-party service providers
  • Transaction costs and brokerage commissions
  • Wire transfer and other banking fees
  • Fees for additional services requested by you

6.4 Fee Changes

We may change our fees from time to time with 30 days' prior written notice. Continued use of our services after the effective date of fee changes constitutes acceptance of the new fees.

7. User Obligations and Responsibilities

7.1 Accurate Information

You must provide accurate, complete, and current information when opening your Account and promptly update us of any changes to your personal, financial, or contact information.

7.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your Account. You must notify us immediately of any unauthorized use of your Account.

7.3 Compliance with Laws

You must comply with all applicable laws and regulations, including tax obligations related to your investments. You are responsible for determining the tax implications of your investment activities.

7.4 Investment Objectives

You must accurately represent your investment objectives, risk tolerance, and financial situation. You should notify us of any material changes that may affect the suitability of your Investment Strategy.

8. Prohibited Activities

You agree not to:

  • Use our services for any illegal or unauthorized purpose
  • Provide false, misleading, or incomplete information
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Interfere with or disrupt our services or servers
  • Use our Platform to transmit viruses, malware, or other harmful code
  • Violate any applicable laws, regulations, or third-party rights
  • Engage in market manipulation or other fraudulent activities
  • Use our services if you are located in a restricted jurisdiction

9. Intellectual Property Rights

9.1 Our Intellectual Property

All content, software, trademarks, service marks, and other intellectual property on our Platform are owned by MITON GROUP or our licensors. You may not use, copy, modify, or distribute our intellectual property without our written permission.

9.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our Platform solely for the purpose of using our services in accordance with these Terms.

9.3 User Content

You retain ownership of any content you provide to us, but you grant us a license to use such content as necessary to provide our services and comply with legal requirements.

10. Limitation of Liability

10.1 Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MITON GROUP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.3 Maximum Liability

Our total liability to you for any claims arising from or related to these Terms or our services shall not exceed the amount of fees paid by you to us in the twelve months preceding the claim.

10.4 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, government actions, market disruptions, or technical failures.

11. Indemnification

You agree to indemnify, defend, and hold harmless MITON GROUP, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

  • Your use of our services or Platform
  • Your violation of these Terms
  • Your violation of any applicable laws or regulations
  • Any false or misleading information you provide
  • Your investment decisions and their consequences

12. Termination

12.1 Termination by You

You may terminate your Account at any time by providing written notice. Upon termination, we will liquidate your investments and return your Assets, subject to applicable fees and market conditions.

12.2 Termination by Us

We may terminate your Account immediately if you violate these Terms, engage in prohibited activities, or if we determine that continuing the relationship is not in our mutual best interests.

12.3 Effect of Termination

Upon termination, your access to our Platform will cease, and we will settle your Account according to our standard procedures. Provisions of these Terms that by their nature should survive termination will remain in effect.

12. General Terms

13. Dispute Resolution

13.1 Mandatory Arbitration

Any dispute, claim, or controversy arising from or relating to these Terms or our services shall be resolved through binding arbitration administered by the Financial Industry Regulatory Authority (FINRA) or another mutually agreed arbitration organization.

13.2 Class Action Waiver

You waive any right to participate in class action lawsuits or class-wide arbitration against MITON GROUP. All disputes must be resolved on an individual basis.

13.3 Informal Resolution

Before initiating arbitration, you agree to attempt to resolve any dispute through informal negotiation by contacting our client services team.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in New York County, New York.

15. Modifications to Terms

We may modify these Terms from time to time to reflect changes in our services, legal requirements, or business practices. We will provide notice of material changes by:

  • Posting updated Terms on our website
  • Sending email notification to your registered email address
  • Providing notice through our Platform

Your continued use of our services after the effective date of any modifications constitutes acceptance of the updated Terms.

16. Contact Information

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

Legal Department

Email:
Phone:
Address: 6th Floor, Paternoster House, 65 St. Paul's Churchyard, London, EC4M 8AB

Client Services

Email:
Phone:
Hours: Monday-Friday, 8:00 AM - 8:00 PM EST

Acknowledgment: By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
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