These Terms of Service ("Terms") govern your relationship with XK Investments LLC ("we," "us," "our," or "the Company") when you engage us for any investment service, visit our website, or otherwise interact with us. By engaging us for a service, you accept these Terms in full.
If you do not accept these Terms, you should not engage us for services. If you are engaging us on behalf of a business, fund, trust, estate, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.
These Terms apply in addition to any specific investment management agreement, advisory agreement, trust agreement, transfer agency agreement, or other service-specific agreement we provide. Where a specific agreement conflicts with these Terms, the specific agreement controls for that service.
In these Terms, the following terms have the following meanings:
XK Investments LLC is an investment services company. We provide services across eight families: investment management; venture capital and principal investing; financial planning and advisory; trust and fiduciary administration; securities transfer and clearing; mineral royalties and leases; virtual currency and specialty; and protective and quotation services. We assess, structure, manage, and report across the full spectrum of investment and fiduciary services.
The specific terms of each Service — including the scope, fees, investment objectives, risk parameters, and reporting requirements — are stated in the Service Agreement for that Service. These Terms govern the general relationship between you and us; the Service Agreement governs the specific Service.
For investment management services — including mutual fund managing, private equity fund managing, pension fund managing, portfolio fund managing, and personal investment trust managing — the following additional terms apply:
For venture capital, securities speculation, investment club, and viatical settlement services, the following additional terms apply:
For customized financial planning, investment advice, and certified financial planner services, the following additional terms apply:
For trust administration, personal investment trust management, escrow agencies, fiduciary agencies, and estate administration services, the following additional terms apply:
For securities transfer agencies, stock quotation services, clearinghouses, and deposit broker services, the following additional terms apply:
For mineral royalties dealing, oil royalty dealing, mortgage dealers, tax liens dealing, and oil and gas lease broker services, the following additional terms apply:
For virtual currency trading exchange clearinghouse, crowdfunding, and protective committee services, the following additional terms apply:
The fees and payment terms for each Service are stated in the Service Agreement. Unless the Service Agreement states otherwise:
All investments involve risk, including the risk of loss of principal. Past performance is not indicative of future results. We do not guarantee the performance of any investment, fund, portfolio, or asset. You should carefully consider the risks of any Service before engaging us, and you should not invest funds you cannot afford to lose.
Where we provide advisory or planning services, the advice is based on the information you provide and the assumptions we state. You are responsible for any decisions you make based on the advice. Where we provide management services, we manage in accordance with the objectives and parameters stated in the Service Agreement, but we do not guarantee specific outcomes.
All content on our website — including text, graphics, logos, and design — is the property of XK Investments LLC or its licensors and is protected by intellectual property laws. You may not reproduce, distribute, or create derivative works from our website content without our written permission.
For reports, plans, and other deliverables we produce, the intellectual property rights are stated in the Service Agreement. Unless the Service Agreement states otherwise, you receive a license to use the deliverable for its intended purpose, and we retain ownership of our processes, models, and tools.
We warrant that we will provide each Service in accordance with the Service Agreement and applicable law. We do not warrant specific investment outcomes, returns, or performance, as those depend on factors outside our control.
Except as expressly stated in the Service Agreement or in these Terms, we disclaim all other warranties — express, implied, or statutory — including warranties of merchantability and fitness for a particular purpose.
We do not provide legal, tax, or accounting advice. Where you require such advice, you should engage a licensed professional in the relevant field.
To the maximum extent permitted by law, our total liability under any Service or under these Terms is limited to the fees paid by you for the Service that is the subject of the claim during the twelve months preceding the event giving rise to the claim. We are not liable for indirect, incidental, consequential, special, or punitive damages, except where such exclusion is not permitted by applicable law.
This limitation applies even if we have been advised of the possibility of such damages. It does not apply to liability that cannot be limited by law — such as liability for fraud, willful misconduct, or breach of fiduciary duty where such liability is non-waivable.
You agree to indemnify and hold harmless XK Investments LLC from claims arising out of your misrepresentation in your account information, your breach of the Service Agreement, your provision of inaccurate information, or your violation of applicable law — except to the extent a claim arises from our own breach, willful misconduct, or breach of fiduciary duty.
Neither party is liable for failure to perform under a Service where the failure is caused by an event beyond the party's reasonable control, including:
The affected party must give prompt notice and use reasonable efforts to resume performance.
Our collection, use, and protection of information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By engaging us for services, you consent to the practices described in our Privacy Policy.
These Terms and any Service Agreement are governed by the laws of the State of Wyoming, United States, without regard to conflict-of-laws principles, except where federal law preempts state law. The parties submit to the jurisdiction of the courts of Wyoming for any dispute that is not resolved by agreement.
Before litigation, the parties agree to attempt good-faith resolution through negotiation. If the dispute is not resolved within 60 days, either party may initiate arbitration under the rules of a mutually agreed arbitration body, or file suit in a court of competent jurisdiction.
Nothing in these Terms limits any consumer protection rights you may have under applicable law, including the Investment Advisers Act, the Gramm-Leach-Bliley Act, state securities laws, and state consumer protection laws. If any provision of these Terms is found to be unenforceable in a consumer protection context, that provision will be modified to the minimum extent necessary to make it enforceable.
We handle your account information, financial information, trust documents, and investment information under applicable confidentiality obligations. For services involving sensitive information — such as trust administration, investment management, and securities transfer — we handle information under the confidentiality standards required by applicable law and the Service Agreement.
Our website may reference or link to third-party websites, such as regulators, clearinghouses, or industry resources. We are not responsible for the content, accuracy, or availability of those third-party resources.
These Terms, together with any Service Agreement for a specific Service, constitute the entire agreement between the parties regarding that Service and supersede all prior discussions, proposals, and communications. If any provision of these Terms is found unenforceable, the remaining provisions remain in full force.
We may update these Terms from time to time. When we make material changes, we will update the "Effective Date" at the top of these Terms and, where appropriate, provide notice to clients. The version of these Terms in effect at the time you engage us for a Service governs that Service, unless the Service Agreement states otherwise.
If you have questions about these Terms, about a Service, or about any other aspect of our business, please contact us: