Terms and Conditions of the website
1. General
This website (www.equanimitycapital.nl) is owned and operated by Equanimity Capital B.V., a private limited company incorporated under the laws of the Netherlands (KvK number: 92208398), registered with the Netherlands Authority for the Financial Markets (Autoriteit Financiële Markten, “AFM”) under registration number 50035092.
Equanimity Capital B.V. operates as an alternative investment fund manager under the registration exemption of Article 2:66a of the Dutch Financial Supervision Act (Wet op het financieel toezicht, “Wft”), commonly referred to as the AIFMD-light regime. This means that Equanimity Capital B.V. is registered with, but not licensed by, the AFM. The scope of AFM supervision under this regime is limited.
By accessing or using this website, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree, you should not access or use this website.
2. Qualified Investors Only
The Equanimity Fund (the “Fund”) is exclusively available to professional investors and semi-professional investors within the meaning of Section 1:1 of the Wft and Annex II of the Markets in Financial Instruments Directive (MiFID II, Directive 2014/65/EU). Accessing this website does not qualify any person as a professional or semi-professional investor.
Nothing on this website is intended as an offer to, or solicitation of, any person who does not meet these qualification criteria. If you are unsure whether you qualify, you should seek independent professional advice before taking any action based on the content of this website.
3. No Offer and Geographic Restrictions
The information on this website does not constitute an offer, solicitation, or recommendation to purchase or sell any financial instrument, nor does it constitute investment advice. The content is provided for informational purposes only.
The distribution of information on this website may be restricted by law in certain jurisdictions. This website is not directed at any person in any jurisdiction where the publication or availability of the website is prohibited. Persons who access this website are required to inform themselves of and to comply with any applicable local laws and regulations. In particular, the information on this website is not directed at residents of the United States of America, and interests in the Fund are not and will not be registered under the U.S. Securities Act of 1933, as amended.
4. Investment Disclaimers
Investments in the Fund involve risks, including the possible loss of the amount invested. Past performance is not a reliable indicator of future results. The value of investments and the income derived from them may go down as well as up. Returns may be affected by, among other things, investment strategy, market conditions, general economic conditions, and currency fluctuations.
Any projections, forecasts, estimates, or forward-looking statements on this website are based on assumptions that Equanimity Capital B.V. considers reasonable at the time of preparation. However, actual results may differ materially. No representation or warranty is made as to the accuracy, completeness, or reliability of such statements.
Prospective investors should read the fund documentation, including the information memorandum and the fund terms and conditions, in full before making any investment decision. These documents contain important information about the risks, costs, and conditions associated with an investment in the Fund.
5. Intellectual Property
All content on this website, including but not limited to text, graphics, logos, images, and documentation, is the exclusive property of Equanimity Capital B.V. or its licensors and is protected by applicable intellectual property laws.
You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise use any content from this website without the prior written consent of Equanimity Capital B.V., except for personal, non-commercial use such as viewing and printing pages for your own reference.
6. User Accounts
Certain areas of this website may require registration and login. By creating an account, you agree to provide accurate and complete information and to keep your login credentials confidential. You are responsible for all activity that occurs under your account.
You must be at least 18 years of age and possess the legal authority to enter into these Terms and Conditions as a binding agreement. You are not permitted to use this website if doing so would be prohibited under any law or regulation applicable to you.
We may suspend or terminate your access to any restricted area of the website at any time, with or without notice, if we reasonably believe that you have breached these Terms and Conditions or any applicable law or regulation.
7. Communications and Marketing
We may send you service-related communications necessary for the operation of your account or in connection with your relationship with us, such as notifications about changes to these Terms and Conditions, the Fund, or regulatory matters. These communications are not marketing and do not require separate consent.
We will only send you promotional or marketing communications if you have given your prior, explicit, and freely given consent in accordance with the General Data Protection Regulation (GDPR). You may withdraw your consent at any time by contacting us at general@equanimitycapital.nl. Withdrawal of consent will not affect the lawfulness of any processing carried out prior to withdrawal.
8. Disclaimer and Limitation of Liability
The information on this website is provided on an “as is” and “as available” basis. Equanimity Capital B.V. makes no representations or warranties of any kind, express or implied, regarding the accuracy, completeness, reliability, suitability, or availability of the website or its content.
To the maximum extent permitted by Dutch law, Equanimity Capital B.V. and the Fund shall not be liable for any direct, indirect, or consequential loss or damage arising out of or in connection with your use of, or inability to use, this website or reliance on any information provided on it. This includes, without limitation, loss of profits, business interruption, loss of data, or any other financial loss.
Nothing in these Terms and Conditions excludes or limits liability that cannot be excluded or limited under applicable Dutch law, including liability for wilful misconduct (opzet) or gross negligence (grove schuld).
9. Third-Party Links
This website may contain links to third-party websites. These links are provided for convenience only. Equanimity Capital B.V. has no control over the content or availability of such websites and accepts no responsibility or liability for them. The inclusion of a link does not imply endorsement of the linked website or its content.
10. Indemnification
You agree to indemnify and hold harmless Equanimity Capital B.V., its directors, officers, and employees from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with your use of this website, your breach of these Terms and Conditions, or your violation of any applicable law or regulation.
11. Force Majeure
Equanimity Capital B.V. shall not be liable for any failure or delay in performing its obligations under these Terms and Conditions to the extent that such failure or delay results from circumstances beyond its reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, labour disputes, internet or telecommunications failures, power outages, governmental actions, or cyberattacks.
12. Severability
If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the intent of the original provision.
13. Amendments
We reserve the right to amend these Terms and Conditions at any time. Amendments take effect upon publication on this website. Where amendments are material, we will endeavour to notify registered users. Your continued use of the website after publication of any changes constitutes acceptance of the amended Terms and Conditions. If you do not agree to the amended terms, you should discontinue use of the website.
14. Governing Law and Jurisdiction
These Terms and Conditions are governed by and construed in accordance with the laws of the Netherlands. Any dispute arising out of or in connection with these Terms and Conditions, including any dispute regarding their existence, validity, or termination, shall be submitted exclusively to the competent court in Amsterdam, the Netherlands.
15. Contact
If you have any questions about these Terms and Conditions, please contact us:
Equanimity Capital B.V.
Email: general@equanimitycapital.nl
AFM registration number: 50035092
Version dated: 13 April 2026