top of page
Policy

At Zyva Capital, we believe in the values of transparency, trust, and responsible data management. Our commitment to these principles extends to every aspect of our business, and this commitment is exemplified through our comprehensive policy framework.

​

This policy page serves as your guide to understanding how we handle various aspects of our operations, from safeguarding your personal information to outlining the terms and conditions governing our services. We recognize the importance of clarity and openness in building trust with our clients and website visitors.

​

Here, you'll find detailed information about our Privacy Policy, which outlines how we collect, use, and protect your data. We adhere to global privacy standards and legal requirements to ensure the confidentiality and security of your personal information.

​

Our Terms of Service clarify the rules and guidelines for using our website, products, and services. By providing clear terms, we aim to foster a positive and respectful online environment for all users.

Additionally, our Cookie Policy explains how we use cookies and similar technologies to enhance your browsing experience. We respect your right to manage your cookie preferences.

​

In an ever-evolving digital landscape, security and data protection are paramount. Our Security Policy highlights the measures we have implemented to safeguard your information.

We understand that your privacy matters, and we are dedicated to providing you with the highest level of transparency and control over your data. We encourage you to read these policies carefully and reach out to us with any questions or concerns you may have.

 

Thank you for trusting Zyva Capital. Your confidence in our commitment to privacy and responsible data management is deeply valued.

Privacy Policy

Effective Date: February 1, 2024

1. Introduction


Welcome to Zyva Capital International LLC ("Zyva Capital," "we," "us," or "our"). This Privacy Policy ("Policy") is designed to inform you of our practices regarding the collection, use, disclosure, and protection of your personal data when you access or use our website, services, products, and any other offerings provided by Zyva Capital. By accessing or using our services, you consent to the collection, use, and disclosure of your information as described in this Policy.

2. Information We Collect

2.1 Personal Information
We collect personal information that you voluntarily provide to us. This may include, but is not limited to, your name, email address, contact details, and other identifiers necessary for service delivery and customer management.
2.2 Payment Information
We may collect payment information, such as credit card numbers and billing addresses, to facilitate the processing of transactions and manage payment-related functions.
2.3 Usage Data
We collect information about your interactions with our website and services, including IP addresses, device identifiers, browser types, access times, and browsing history. This data helps us understand how our services are used and improve your experience.
2.4 Cookies and Tracking Technologies
We use cookies and similar tracking technologies to enhance your user experience, analyze website usage, and personalize content. For more information on the types of cookies we use and how you can manage your cookie preferences, please refer to our Cookie Policy.

3. How We Use Your Information

3.1 Provision of Services
We use your personal information to provide, maintain, and improve our services, including processing transactions, managing customer support, and delivering products.
3.2 Personalization and Communication
We may use your information to tailor your experience, send relevant content, and communicate with you regarding updates, offers, and other information related to our services.
3.3 Legal Compliance
We use your data to comply with applicable legal and regulatory requirements, including responding to lawful requests from government authorities, regulatory bodies, or law enforcement.

4. Data Sharing and Disclosure

4.1 Third-Party Service Providers
We may share your information with trusted third-party service providers who perform functions on our behalf, such as payment processing, data analysis, and customer support. These third parties are contractually obligated to handle your data in accordance with our instructions and applicable data protection laws.
4.2 Legal Obligations
We may disclose your information to regulatory authorities, law enforcement, or legal counsel as required by applicable laws or in response to valid legal requests.
4.3 Business Transfers
In the event of a merger, acquisition, or any form of business transfer, your information may be transferred to the successor entity, subject to the terms of this Privacy Policy.

5.Your Rights and Choices

5.1 Access and Correction
You have the right to access, correct, or update your personal information. You may also request a copy of your data in a structured, commonly used format where applicable.
5.2 Restriction and Objection
You have the right to object to or restrict the processing of your data in certain circumstances, such as when you believe the processing is unlawful or no longer necessary for the purposes for which it was collected.
5.3 Data Portability
Where applicable, you may request the transfer of your data to another organization in a structured, commonly used, and machine-readable format.
5.4 Exercising Your Rights
To exercise any of these rights, please contact us using the contact details provided below.

6. Security


We implement industry-standard technical and organizational measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction. Despite these measures, no online transmission or electronic storage system is completely secure. We recommend that you use strong passwords and take precautions to protect your information.

7. Changes to This Privacy Policy


We may revise this Privacy Policy periodically to reflect changes in our practices, services, or legal requirements. Any material changes will be communicated to you via the contact information you have provided or through an appropriate notice on our website. Your continued use of our services following any modifications constitutes your acceptance of the updated Policy.

8. Contact Information
For any questions, concerns, or requests regarding this Privacy Policy, please contact us at:
Legal Inquiries: legal@zyvacapital.com
General Inquiries and Support: help@zyvacapital.com
Information Requests: info@zyvacapital.com

Website Terms of Use

Effective Date: February 1, 2024

1. Acceptance of Terms

1.1 Agreement
By accessing or using the Zyva Capital International LLC ("Zyva Capital," "we," "us," or "our") website (the "Website"), you agree to comply with and be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use the Website.
1.2 Modifications
Zyva Capital reserves the right to modify these Terms at any time. Any changes will be effective upon posting on the Website. Your continued use of the Website following such changes constitutes your acceptance of the modified Terms.

2. Use of the Website

2.1 Permitted Use
You may access and use the Website solely for lawful purposes and in accordance with these Terms. You agree not to use the Website in any manner that is illegal, harmful, or that could impair the functionality or availability of the Website.
2.2 Prohibited Activities
You are prohibited from:
- Engaging in any activity that disrupts or interferes with the Website or its servers.
- Attempting to gain unauthorized access to any part of the Website or its systems.
- Using the Website to transmit or distribute any malicious software, viruses, or other harmful code.
- Posting or transmitting any content that is defamatory, obscene, or otherwise objectionable.

3. Intellectual Property Rights

3.1 Ownership
All content, including but not limited to text, graphics, logos, images, and software on the Website, is the property of Zyva Capital or its licensors and is protected by intellectual property laws. You may not reproduce, modify, distribute, or otherwise use any content without prior written consent from Zyva Capital.
3.2 User Content
By submitting any content to the Website, you grant Zyva Capital a perpetual, royalty-free, irrevocable, and fully sublicensable license to use, reproduce, modify, and distribute such content in connection with the Website and its operations.

4. Links to Third-Party Websites

4.1 External Links
The Website may contain links to third-party websites that are not owned or controlled by Zyva Capital. We do not endorse or assume any responsibility for the content, privacy policies, or practices of any third-party websites. You access such websites at your own risk.
4.2 Disclaimer
Zyva Capital is not responsible for any damages or losses arising from your use of or reliance on any third-party websites or their content.

5. Limitation of Liability

5.1 No Warranty
The Website and its content are provided "as is" and "as available," without any warranties of any kind, either express or implied. Zyva Capital disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
5.2 Limitation of Liability
To the fullest extent permitted by law, Zyva Capital shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Website or inability to use the Website, even if Zyva Capital has been advised of the possibility of such damages.

6. Termination

6.1 Termination of Access
Zyva Capital reserves the right to terminate or suspend your access to the Website at our sole discretion, without prior notice, for any reason, including if you breach these Terms.
6.2 Effect of Termination
Upon termination, your right to use the Website will cease immediately, and you must promptly destroy all copies of any materials obtained from the Website.

7. Governing Law and Dispute Resolution

7.1 Governing Law
These Terms and your use of the Website will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. By accessing and using our Website, you agree that any legal issues or disputes arising between you and Zyva Capital International LLC ("Zyva Capital") shall be exclusively governed by the substantive laws of Delaware.
7.2 Dispute Resolution
Any disputes arising out of or related to these Terms or your use of the Website shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association ("AAA"). The arbitration will be conducted in Wilmington, Delaware, and the decision of the arbitrator(s) shall be final and binding on all parties involved. The arbitration proceedings shall be confidential and conducted in English.
* Arbitration Agreement: Both parties expressly waive the right to a trial by jury or to participate in a class action lawsuit. Any arbitration under these Terms will take place on an individual basis, and class arbitrations and class actions are not permitted.
* Initiating Arbitration: To begin arbitration, you or Zyva Capital must submit a written demand for arbitration in accordance with the AAA’s rules. The demand for arbitration must include a detailed description of the dispute, any relevant documentation, and the relief sought.
* Costs and Fees: The costs of arbitration, including any administrative fees, filing fees, and arbitrator’s fees, shall be borne equally by both parties unless otherwise required by law or the arbitration rules. Each party shall bear its own attorney's fees, unless awarded by the arbitrator.
* Judgment on Award: Judgment on the arbitration award may be entered in any court having jurisdiction thereof, or application may be made to such court for judicial acceptance of the award and an order of enforcement, as the case may be.
* Provisional Remedies: Nothing herein shall prevent either party from seeking provisional remedies, such as preliminary injunctions or temporary restraining orders, in a court of competent jurisdiction located in Delaware, pending the resolution of arbitration.
7.3 Severability
If any provision of this dispute resolution section is found to be unenforceable or invalid, that provision shall be severed, and the remainder of the Terms shall remain in full force and effect.
7.4 Exclusive Venue
For any claims not subject to arbitration, you and Zyva Capital agree to submit to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware. You hereby consent to the personal jurisdiction and venue of these courts and waive any objection to such jurisdiction or venue on the grounds of forum non-conveniens or any similar basis.
7.5 Time Limitation
Any claim or cause of action arising out of or related to your use of the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred, notwithstanding any statute of limitations or other law to the contrary.


8. Miscellaneous

8.1 Entire Agreement
These Terms constitute the entire agreement between you and Zyva Capital regarding your use of the Website and supersede all prior agreements and understandings, whether written or oral, relating to the Website.
8.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be deemed modified to the extent necessary to make it valid and enforceable.
8.3 No Waiver
The failure of Zyva Capital to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

9. Contact Information
For any questions or concerns regarding these Terms, please contact us at info@zyvacapital.com.

Cookies and Tracking Policy

Effective Date: February 1, 2024

1. Introduction

1.1 Overview
This Cookies and Tracking Policy ("Policy") explains how Zyva Capital International LLC ("Zyva Capital," "we," "us," or "our") uses cookies and other tracking technologies on our website (the "Website") to enhance user experience, analyze usage, and improve our services. By accessing or using our Website, you consent to the use of cookies and tracking technologies as described in this Policy.
1.2 Definitions
ï‚·Cookies: Small text files stored on your device when you visit our Website. Cookies help us recognize your device and remember your preferences.
ï‚·Tracking Technologies: Technologies, including cookies, web beacons, pixels, and similar tools, used to collect information about your interactions with the Website.

2. Types of Cookies and Tracking Technologies We Use

2.1 Essential Cookies
These cookies are necessary for the functioning of the Website and enable you to navigate and use its features. They include, for example, cookies that remember your login information and ensure that your session is maintained securely.
2.2 Analytics Cookies
Analytics cookies collect information about how you use the Website, including your IP address, browser type, pages visited, and time spent on the site. This data helps us analyze Website performance and improve its functionality.
2.3 Functional Cookies
Functional cookies enhance the Website's functionality and personalization by remembering your preferences, such as language settings or login details. They enable a more tailored user experience.
2.4 Advertising Cookies
Advertising cookies are used to deliver relevant advertisements to you based on your interests. They track your browsing habits and may be used to build a profile of your interests to provide you with targeted advertising.
2.5 Third-Party Cookies
Our Website may include cookies from third-party service providers, such as analytics services and advertising networks. These third parties may use cookies and tracking technologies to collect information about your online activities across different websites.

3. Managing Cookies

3.1 Cookie Consent
Upon your first visit to our Website, you will be presented with a cookie banner informing you of our use of cookies and requesting your consent to place cookies on your device. You can manage your cookie preferences through this banner.
3.2 Browser Settings
You can control and manage cookies through your browser settings. Most browsers allow you to refuse or delete cookies. Please consult your browser's help section for instructions on how to manage cookies. Note that disabling cookies may affect the functionality of the Website and your user experience.
3.3 Opt-Out Mechanisms
For cookies used for advertising purposes, you may opt out of receiving targeted advertisements by using the opt-out tools provided by industry groups such as the Digital Advertising Alliance (DAA) and the Network Advertising Initiative (NAI).

4. Data Collection and Use

4.1 Information Collected
The information collected through cookies and tracking technologies includes, but is not limited to, IP addresses, device identifiers, browsing activity, and interaction with advertisements.
4.2 Purposes of Data Collection
The data collected through cookies and tracking technologies is used for the following purposes:
- To improve the Website’s functionality and performance.
- To analyze user behavior and Website usage patterns.
- To provide personalized content and advertising based on your interests.
- To ensure the security and integrity of the Website.
4.3 Data Sharing
We may share the data collected through cookies with third-party service providers that assist us in operating the Website and delivering services. These third parties are bound by contractual obligations to handle your data in accordance with our instructions and applicable data protection laws.

5. Data Retention
We retain data collected through cookies for as long as necessary to fulfill the purposes outlined in this Policy or as required by law. Data retention periods may vary depending on the type of cookie and its purpose.

6. Security
We implement appropriate technical and organizational measures to protect the data collected through cookies and tracking technologies from unauthorized access, disclosure, alteration, or destruction. However, please note that no method of transmission over the Internet or electronic storage is entirely secure.

7. Updates to This Policy
We may update this Cookies and Tracking Policy from time to time to reflect changes in our practices or legal requirements. Any material changes will be communicated to you through the Website or via direct notice. Your continued use of the Website after such changes constitutes your acceptance of the updated Policy.

8. Contact Information
If you have any questions or concerns about our use of cookies and tracking technologies, please contact us at:
For Cookie and Tracking Inquiries: info@zyvacapital.com

Investment Policy

 

Effective Date: February 1, 2024


1. Introduction

​

This Investment Policy sets forth the terms and conditions governing the relationship between Zyva Capital and its investors, clients, and consumers. By engaging in any service with Zyva Capital, you automatically accept these terms unless an objection is made within 14 days of entering into an agreement, as defined on our website at www.zyvacapital.com/policy.


This document is designed to ensure transparency, compliance with regulatory requirements, and clarity in our investment processes and practices. Our commitment to excellence is grounded in adherence to industry standards and regulations while prioritizing our clients' financial goals and security.


2. Acceptance of Terms


2.1 Automatic Acceptance
By entering into an agreement with Zyva Capital, you automatically accept and agree to the terms of this Investment Policy and the Terms of Use provided on our website. This acceptance is binding unless you provide written notice of objection within 14 days following the commencement of any Service.
2.2 Continued Use of Services
Continued use of Zyva Capital's Services constitutes acceptance of the Investment Policy, including any amendments. If you do not agree with any part of this policy, you must discontinue using our Services immediately and notify Zyva Capital in writing.
2.3 Amendments
Zyva Capital reserves the right to amend or modify this Investment Policy at any time. Clients will be notified of such amendments via email or an announcement on our website. Continued use of Services following amendments signifies acceptance of the updated policy.
2.4 Policy Location
The full Investment Policy can be accessed and reviewed at any time at www.zyvacapital.com/policy.

​

3. Investment Objectives and Strategies


3.1 Investment Philosophy
Zyva Capital's investment philosophy focuses on achieving optimal returns while managing risk through diversification and strategic asset allocation. We prioritize diligent research, market analysis, and the alignment of our investment strategies with Clients' financial goals.
3.2 Risk Management
Zyva Capital employs rigorous risk management practices to safeguard our Clients' investments. Our approach includes comprehensive risk assessment and mitigation strategies designed to protect portfolios from market volatility.
3.3 Portfolio Diversification
We implement a diversified investment approach across various asset classes, including equities, fixed income, currencies, and commodities, to achieve balanced portfolio growth and risk reduction.
3.4 Performance Monitoring
Zyva Capital continuously monitors investment performance using advanced analytical tools to evaluate portfolio outcomes against benchmarks and market conditions. Regular performance reports are provided to Clients, ensuring transparency and informed decision-making.


4. Regulatory Compliance


4.1 SEC Disclosure Requirements
Zyva Capital adheres to all disclosure requirements mandated by the SEC, ensuring that all fees, withholdings, and taxes are fully transparent and compliant with regulatory standards. This includes timely reporting and adherence to the principles outlined by the SEC in the management and oversight of investment activities.
4.2 IRS Compliance
All fees, withholdings, and taxes applied by Zyva Capital comply with IRS regulations. We ensure proper documentation, reporting, and withholding practices, aligned with IRS guidelines to maintain regulatory compliance.
4.3 Legal Obligations
Clients must comply with all applicable laws, regulations, and legal obligations when engaging with Zyva Capital and utilizing our Services. Zyva Capital commits to acting in accordance with all relevant legal and regulatory requirements, providing a secure and lawful investment environment.


5. Withdrawal and Renewal Terms


5.1 Withdrawal Notice
Investors are required to provide a 30 business day notice before the end of the investment term if they intend to withdraw their investments. Failure to provide this notice will result in the automatic renewal of the agreement for a new term, with a minimum duration of 12 months.
5.2 Automatic Renewal
In the event that an Investor does not submit the required 30 business day withdrawal notice, the agreement will automatically renew under the same terms and conditions for an additional term of no less than 12 months. This renewal is binding, and the Client must adhere to the terms outlined in this Investment Policy.
5.3 Cancellation after Renewal or During Term
If an Investor wishes to cancel the agreement after renewal or during an active term, a 60 business day notice is required. This notice period is necessary to comply with SEC regulations concerning the sale, transfer, or dispensing of securities, allowing Zyva Capital sufficient time to manage the investment portfolio and redeem the maximum amount possible for the Investor.
5.4 Redemption Process
Upon receiving a valid cancellation notice, Zyva Capital will initiate the redemption process in compliance with SEC regulations. This process includes:
a. Evaluating market conditions and asset liquidity.
b. Selling or transferring securities as per regulatory guidelines.
c. Disbursing the redeemed amount to the Investor in accordance with the terms of the agreement.

​

6. Fee Structure


6.1 Transparent Fee Policy
Zyva Capital's fee structure is designed to be transparent and competitive, ensuring alignment with industry standards and regulatory requirements. Fees are outlined in detail in the respective agreement with each Client, including any management, performance, or advisory fees.
6.2 Disclosure of Fees
All fees, withholdings, and taxes are disclosed to Clients in accordance with SEC requirements. Zyva Capital is committed to providing clear and comprehensive information regarding all financial aspects of our Services, including potential fees related to specific investment activities.
6.3 Additional Charges
Any additional charges not specified in the initial agreement will be communicated to the Client in advance and will require written consent before application.
6.4 Tax Withholding and Reporting
Zyva Capital complies with IRS guidelines for tax withholding and reporting. Clients are responsible for understanding their individual tax obligations and consulting with tax professionals to ensure compliance with applicable tax laws.


7. Client Responsibilities


7.1 Accurate Information
Clients are required to provide accurate and complete information when entering into an agreement with Zyva Capital. Any changes to personal or financial information must be communicated promptly to Zyva Capital.
7.2 Understanding Risks
Clients acknowledge the inherent risks associated with investment activities, including potential loss of principal. Zyva Capital does not guarantee specific outcomes or returns on investments.
7.3 Compliance with Legal Obligations
Clients must comply with all applicable laws, regulations, and legal obligations when engaging with Zyva Capital and using our Services.
7.4 Payment Obligations
Clients agree to fulfill all financial obligations and payments as outlined in the respective agreement with Zyva Capital, including fees, charges, and any applicable taxes.


8. Company's Responsibilities


8.1 Fiduciary Duty
Zyva Capital Int LLC upholds a fiduciary duty to act in the best interests of its Clients, ensuring that all investment decisions and actions are made with integrity, transparency, and a commitment to excellence.
8.2 Confidentiality
Zyva Capital is committed to maintaining the confidentiality and security of Client information. We adhere to stringent data protection protocols and privacy policies as outlined in our Privacy Policy.
8.3 Regular Reporting
Zyva Capital provides Clients with regular performance reports and updates on their investments. These reports include detailed insights into portfolio performance, market trends, and other relevant information, ensuring Clients are well-informed of their investment status.
8.4 Conflict of Interest
Zyva Capital will disclose any potential conflicts of interest that may arise during the course of providing Services to Clients. We are committed to mitigating such conflicts and ensuring transparency in all our dealings.

​

9. Dispute Resolution


9.1 Arbitration
In the event of a dispute arising out of or relating to this Investment Policy or any agreement with Zyva Capital, the parties agree to first seek resolution through amicable negotiation. If such negotiation fails, the dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
9.2 Governing Law
This Investment Policy and any agreements shall be governed by and construed in accordance with the laws of the State of Delaware, USA.
9.3 Jurisdiction
The exclusive jurisdiction for any legal proceedings arising from this Investment Policy shall be the courts of the State of Delaware, USA.


10. Termination of Services


10.1 Termination by Client
Clients may terminate their agreement with Zyva Capital by providing written notice as stipulated in the respective agreement. Termination does not exempt Clients from fulfilling any outstanding financial obligations.
10.2 Termination by Company
Zyva Capital reserves the right to terminate any agreement or discontinue Services if a Client violates any terms of this Investment Policy or applicable laws and regulations. Termination notices will be provided in writing, and all outstanding matters will be addressed in accordance with the agreement terms.


11. Acceptance of Policy


11.1 Implied Acceptance
By entering into an agreement and continuing to use Services provided by Zyva Capital, Clients automatically accept this Investment Policy. This acceptance includes acknowledgment of understanding the terms, risks, responsibilities, and legal obligations associated with Zyva Capital's Services.
11.2 Objection Period
Clients have a 14-day period from the commencement of Services to object to any terms outlined in this Investment Policy. Objections must be submitted in writing to help@zyvacapital.com. Failure to object within this period constitutes acceptance of all terms.
11.3 Continuous Acceptance
Continued use of Zyva Capital's Services following any amendments to this Investment Policy signifies the Client’s acceptance of the updated terms. It is the responsibility of the Client to review the latest version of the policy available on our website at www.zyvacapital.com/policy.


11. Contact Information


For any inquiries or concerns regarding this Investment Policy, please contact Zyva Capital Int LLC:
Email: help@zyvacapital.com
Phone: +1 (302) 520 3727
Address: 16192 Coastal Highway, Lewes, Delaware, 19958 Website: www.zyvacapital.com


12. Acknowledgment
By investing with Zyva Capital Int LLC and utilizing our Services, you acknowledge that you have read, understood, and agreed to the terms outlined in this Investment Policy. This acknowledgment includes the acceptance of the automatic terms, the objection period, and the continuous acceptance clause.
 

Terms and Conditions of Investment

 

1. Introduction

 

1.1 Agreement to Terms
These Terms and Conditions of Investment ("Terms") govern the relationship between you ("Investor," "you," or "your") and Zyva Capital International LLC ("Zyva Capital," "we," "us," or "our") with respect to your investments managed by Zyva Capital. By making an investment or engaging in any investment services provided by Zyva Capital, you agree to be bound by these Terms.

1.2 Modification of Terms
Zyva Capital reserves the right to modify these Terms at any time. Any changes will be posted on our website and will become effective upon posting. Continued use of our investment services following such modifications constitutes acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

 

2. Investment Services

 

2.1 Scope of Services
Zyva Capital provides investment services including, but not limited to:

  • Investment Advisory: Offering advice and recommendations on investment opportunities and strategies.

  • Portfolio Management: Managing investment portfolios in accordance with specified guidelines and objectives.

  • Asset Allocation: Strategically allocating assets among various investment classes to achieve desired returns.

  • Performance Monitoring: Regularly assessing and reporting on the performance of investments.

2.2 Investment Agreements
Investments may be governed by separate investment agreements, which outline the specific terms, conditions, and objectives of your investment. These agreements form part of these Terms.

 

3. Investor Obligations and Representations

 

3.1 Eligibility and Suitability
You represent and warrant that:

  • You have the legal capacity and authority to enter into these Terms and make investments.

  • You meet all eligibility criteria for investing, including any requirements imposed by applicable laws or regulations.

  • You have assessed the suitability of the investment based on your financial situation, risk tolerance, and investment objectives.

3.2 Accuracy of Information
You agree to provide accurate, complete, and up-to-date information necessary for the investment services, including financial details and investment objectives. You are responsible for updating this information as necessary.

3.3 Investment Risk
You acknowledge that investing involves risks, including the risk of loss of principal. Zyva Capital does not guarantee any specific return on investment and will not be liable for losses incurred due to market fluctuations, investment performance, or other factors beyond our control.

 

4. Fees and Charges

 

4.1 Fee Structure
Fees for our investment services may include advisory fees, management fees, performance fees, and other charges as specified in the investment agreement. The fee structure will be disclosed prior to or at the time of investment.

4.2 Payment Terms
Fees are typically charged on a periodic basis, such as monthly or quarterly, and may be subject to change. You are responsible for paying all fees in accordance with the terms set forth in the investment agreement.

4.3 Fee Adjustments
Zyva Capital may adjust fees based on changes in the scope of services or investment strategy. Any changes in fees will be communicated to you in advance.

 

5. Investment Transactions

 

5.1 Order Execution
Zyva Capital will execute investment transactions in accordance with your instructions and investment guidelines. Execution of trades is subject to market conditions and availability.

5.2 Settlement and Custody
Zyva Capital may use third-party custodians for holding and managing investment assets. We are not liable for any loss or damage resulting from the actions or omissions of such custodians.

5.3 Transaction Confirmation
You will receive confirmation of transactions and statements reflecting the details of your investments. It is your responsibility to review these confirmations and report any discrepancies promptly.

 

6. Reporting and Communication

 

6.1 Performance Reporting
Zyva Capital will provide regular performance reports and updates on your investments. Reports will include information on investment performance, asset allocation, and other relevant details.

6.2 Communication
We will communicate with you through email, postal mail, or other means as specified in the investment agreement. It is your responsibility to ensure that we have accurate and current contact information.

6.3 Notifications
You will be notified of significant changes to investment strategies, fees, or other material aspects of your investment. Notifications will be provided in accordance with the terms of the investment agreement.

 

7. Confidentiality and Data Protection

 

7.1 Confidential Information
Zyva Capital will maintain the confidentiality of your personal and financial information in accordance with our Privacy Policy. You agree to keep confidential any information provided by Zyva Capital that is designated as confidential or that you should reasonably understand to be confidential.

7.2 Data Protection
We handle personal data in compliance with applicable data protection laws. Our Privacy Policy outlines how we collect, use, and protect your data.

 

8. Termination

 

8.1 Termination by Us
Zyva Capital may terminate or suspend your investment services at any time, with or without cause, and without prior notice. Upon termination, you will be responsible for any outstanding fees or charges.

8.2 Termination by You
You may terminate your investment services by providing written notice to Zyva Capital. Termination will not affect any obligations or liabilities incurred prior to the termination date.

8.3 Consequences of Termination
Upon termination, Zyva Capital will cease providing investment services and will take reasonable steps to liquidate or transfer your investments as directed. Any fees or charges due will be settled in accordance with the terms of the investment agreement.

 

9. Dispute Resolution

 

9.1 Governing Law
These Terms and any disputes arising from or related to your investment services will be governed by and construed in accordance with the laws of the State of Delaware.

9.2 Arbitration
Any disputes or claims arising out of or relating to these Terms or your investment services shall be resolved through binding arbitration conducted in Delaware, in accordance with the rules of the American Arbitration Association. The arbitration proceedings shall be conducted in English.

9.3 Class Action Waiver
You agree that any disputes will be resolved on an individual basis and not as part of a class action or representative action.

 

10. Miscellaneous

 

10.1 Entire Agreement
These Terms, together with any investment agreements and our Privacy Policy, constitute the entire agreement between you and Zyva Capital regarding your investments and supersede all prior agreements and understandings.

10.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

10.3 Waiver
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

10.4 Assignment
Zyva Capital may assign or transfer its rights and obligations under these Terms without restriction. You may not assign or transfer your rights or obligations without our prior written consent.

10.5 Contact Information
For questions or concerns regarding these Terms and Conditions of Investment, please contact us at:

 

THIS POLCIY COVERS THE OVERALL OF ALL INVESTMENT TYPES, BUT EXCLUDES THE REFINED TERMS AND CONDITIONS WHICH IS SET OUT IN THE ORIGINAL INVESTMENT AGREEMENT

Terms of Service

 

1. Introduction

 

1.1 Agreement to Terms
These Terms of Service ("Terms") govern your access to and use of the investment, asset management, and financial services provided by Zyva Capital International LLC ("Zyva Capital," "we," "us," or "our"). By accessing or using our website and services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you should not use our services.

1.2 Modifications
Zyva Capital reserves the right to amend these Terms at any time. Changes will be posted on our website and become effective upon posting. Your continued use of our services constitutes acceptance of any modifications. It is your responsibility to review these Terms periodically.

 

2. Services Provided

 

2.1 Investment Services
We offer a range of investment services, including but not limited to:

  • Investment Advisory: Providing recommendations and advice on investment opportunities and strategies.

  • Portfolio Management: Managing investment portfolios according to specified strategies and client objectives.

  • Investment Research: Conducting research and analysis to support investment decisions and strategies.

2.2 Investment Management
Our investment management services involve:

  • Discretionary Management: Making investment decisions on your behalf based on agreed-upon guidelines.

  • Non-Discretionary Management: Providing investment advice and recommendations without making decisions on your behalf.

  • Performance Monitoring: Regularly assessing and reporting on the performance of managed investments.

2.3 Asset Management
We offer asset management services that include:

  • Asset Allocation: Strategically allocating assets across various investment classes to optimize returns and manage risk.

  • Risk Management: Implementing strategies to identify, assess, and mitigate investment risks.

  • Client Reporting: Providing detailed reports on asset performance and portfolio status.

2.4 Financial Services
Our financial services encompass:

  • Financial Planning: Developing comprehensive financial plans to achieve client goals and objectives.

  • Corporate Financial Services: Offering financial advisory and management services for corporate clients, including capital raising, mergers and acquisitions, and financial restructuring.

 

3. Use of Services

 

3.1 Eligibility
Our services are available only to individuals or entities that meet our eligibility criteria and have the legal capacity to enter into agreements. You represent that you are of legal age and have the authority to enter into these Terms.

3.2 Service Access
Access to and use of our services may require you to complete certain registration processes or provide personal information. You agree to provide accurate and complete information and to update it as necessary.

 

4. Fees and Charges

 

4.1 Fee Structure
Fees for our services are outlined in our service agreements and may include advisory fees, management fees, performance fees, or other charges as applicable. Detailed fee information will be provided in your service agreement.

4.2 Payment Terms
Fees are typically charged on a periodic basis (e.g., monthly, quarterly) and may be subject to change. You are responsible for paying all fees in accordance with the terms set forth in your service agreement.

5. Disclaimers and Limitation of Liability

5.1 Disclaimer of Warranties
Our services are provided "as is" and "as available" without warranties of any kind, whether express or implied. Zyva Capital does not warrant that our services will be uninterrupted, error-free, or secure.

5.2 Limitation of Liability
To the maximum extent permitted by law, Zyva Capital will not be liable for any indirect, incidental, consequential, or punitive damages arising from or related to your use of our services. Our liability is limited to the amount paid by you for the services in question.

 

5. Confidentiality and Data Protection

 

5.1 Confidential Information
You agree to keep confidential any information provided by Zyva Capital that is designated as confidential or that you should reasonably understand to be confidential.

5.2 Data Protection
We handle personal information in accordance with our Privacy Policy, which outlines how we collect, use, and protect your data. Please review our Privacy Policy for more details.

5. Termination

5.1 Termination by Us
Zyva Capital may terminate or suspend your access to our services at any time, with or without cause, and without prior notice. Upon termination, you will be responsible for any outstanding fees or charges.

5.2 Termination by You
You may terminate your use of our services at any time by providing written notice to Zyva Capital. Termination will not affect any obligations or liabilities incurred prior to the termination date.

​

6. Governing Law and Dispute Resolution

​

6.1 Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.

6.2 Dispute Resolution
Any disputes arising from or related to these Terms shall be resolved through binding arbitration in Delaware, in accordance with the rules of the American Arbitration Association. The arbitration proceedings shall be conducted in English.

6.3 Class Action Waiver
You agree that any disputes will be resolved on an individual basis and not as part of a class action or representative action.

​

7. Miscellaneous

​

7.1 Entire Agreement
These Terms, together with any service agreements and our Privacy Policy, constitute the entire agreement between you and Zyva Capital regarding the use of our services and supersede all prior agreements and understandings.

7.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

7.3 Waiver
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

7.4 Assignment
Zyva Capital may assign or transfer its rights and obligations under these Terms without restriction. You may not assign or transfer your rights or obligations without our prior written consent.

​

8. Contact Information
For questions or concerns regarding these Terms of Service, please contact us at:

Anti-Money Laundering (AML) Policy

Effective Date: February 1, 2024

1.Introduction

1.1 Purpose
Zyva Capital International LLC ("Zyva Capital," "we," "us," or "our") is committed to preventing money laundering and terrorist financing in compliance with applicable anti-money laundering laws and regulations. This Anti-Money Laundering (AML) Policy ("Policy") outlines our procedures for detecting, reporting, and preventing money laundering and related financial crimes.
1.2 Scope
This Policy applies to all employees, directors, officers, and agents of Zyva Capital and any other parties involved in our business operations.

2. AML Compliance Framework

2.1 Legal and Regulatory Obligations
Zyva Capital complies with all relevant AML laws and regulations, including but not limited to the Bank Secrecy Act (BSA), the USA PATRIOT Act, and the European Union’s Anti-Money Laundering Directives.
2.2 AML Officer
We have appointed an AML Officer responsible for overseeing the implementation of this Policy, ensuring compliance with applicable laws, and serving as the primary contact for AML-related matters. The AML Officer is responsible for:
- Monitoring and reviewing AML procedures and controls.
- Providing training and guidance on AML matters.
- Reporting suspicious activities to the relevant authorities.
2.3 Risk-Based Approach
We adopt a risk-based approach to AML compliance, tailoring our procedures and controls based on the assessed risk associated with different clients, transactions, and jurisdictions.

3. Client Due Diligence (CDD)

3.1 Customer Identification Program (CIP)
We perform Customer Due Diligence (CDD) to verify the identity of our clients before establishing a business relationship. The CIP includes:
- Identification and Verification: Obtaining and verifying personal identification information, including name, date of birth, address, and identification documents.
- Enhanced Due Diligence (EDD): Applying enhanced scrutiny for high-risk clients, including politically exposed persons (PEPs) and clients from high-risk jurisdictions.
3.2 Ongoing Monitoring
We continuously monitor client transactions and activities to ensure they are consistent with our knowledge of the client’s business and risk profile. We perform regular reviews and updates of client information to identify and assess any changes in risk.
3.3 Record Keeping
We maintain comprehensive records of all client identification information, transactions, and due diligence procedures for a minimum period of [insert duration, e.g., five years] from the date of the transaction or relationship termination.

4. Transaction Monitoring

4.1 Transaction Monitoring Procedures
We employ transaction monitoring systems to detect unusual or suspicious activity that may indicate money laundering or terrorist financing. These procedures include:
- Automated Monitoring: Using software to flag transactions that deviate from expected patterns or thresholds.
- Manual Reviews: Conducting manual reviews of flagged transactions to assess potential risks and determine if further investigation is required.
4.2 Suspicious Activity Reporting
If suspicious activity is detected, we conduct a thorough investigation and, where appropriate, file a Suspicious Activity Report (SAR) with the relevant regulatory authorities. We also ensure that any such reports are submitted in a timely manner and in accordance with legal requirements.

5. Training and Awareness

5.1 AML Training Program
We provide regular AML training to all employees, directors, officers, and agents. The training covers:
- AML Laws and Regulations: Overview of applicable AML laws and regulatory requirements.
- Recognizing Suspicious Activity: Identification of red flags and indicators of money laundering and terrorist financing.
- Reporting Obligations: Procedures for reporting suspicious activities and cooperating with regulatory authorities.
5.2 Ongoing Training
Training programs are updated periodically to reflect changes in laws, regulations, and industry practices. Employees are required to participate in refresher training on a regular basis.

6. Compliance and Auditing

6.1 Internal Controls
We maintain robust internal controls and procedures to ensure compliance with this Policy and applicable AML laws. These controls are subject to regular review and testing.
6.2 Internal Audits
We conduct periodic internal audits to assess the effectiveness of our AML procedures and controls. The results of these audits are reviewed by senior management and used to make necessary improvements.
6.3 External Audits
We may engage independent third-party auditors to review our AML compliance program and provide recommendations for enhancement.

7. Record Keeping

7.1 Documentation
We maintain detailed documentation of all AML-related activities, including client due diligence, transaction monitoring, and suspicious activity reports. Records are kept in a secure and accessible manner.
7.2 Retention Period
Records are retained for a minimum of five years from the date of the transaction or termination of the business relationship, in compliance with applicable legal requirements.

8. Policy Review and Updates

8.1 Regular Review
This Policy is reviewed and updated periodically to ensure it remains effective and compliant with current laws and regulations. Any updates or changes are communicated to relevant stakeholders.
8.2 Approval
All amendments to this Policy must be approved by senior management and the AML Officer.

9. Contact Information
For inquiries or concerns regarding our AML Policy, please contact our AML Officer at:
Email: legal@zyvacapital.com
Mail: 16192 Coastal Highway, Lewes, Delaware, 19958

Conflict of Interest Policy

1. Introduction

1.1 Purpose
Zyva Capital International LLC ("Zyva Capital," "we," "us," or "our") is committed to maintaining the highest standards of integrity and professionalism. This Conflict of Interest Policy ("Policy") establishes the procedures for identifying, disclosing, and managing conflicts of interest that may arise in the course of our business activities.
1.2 Scope
This Policy applies to all employees, directors, officers, and agents of Zyva Capital, as well as any third parties involved in our business operations, including contractors and consultants.

2. Definition of Conflict of Interest

2.1 General Definition
A conflict of interest occurs when an individual’s personal interests or relationships interfere with their ability to act in the best interests of Zyva Capital or its clients. Conflicts may arise from financial interests, personal relationships, or other external factors that could impair judgment or create a bias.
2.2 Types of Conflicts
* Financial Conflicts: Situations where an individual’s financial interests in an external entity may affect their decision-making or judgment.
* Personal Conflicts: Relationships with family members, friends, or associates that may influence professional conduct or decisions.
* Business Relationships: Situations where a business relationship with another entity could impact objectivity or create an appearance of impropriety.

3. Identifying Conflicts of Interest

3.1 Disclosure Requirements
All employees, directors, officers, and agents are required to disclose any actual or potential conflicts of interest to the Compliance Officer or designated authority. Disclosure should be made promptly and in writing.
3.2 Disclosure Process
* Initial Disclosure: Upon employment, appointment, or engagement, individuals must complete a conflict of interest disclosure form.
* Ongoing Disclosure: Individuals must report any new or emerging conflicts of interest as they arise during the course of their employment or engagement.
3.3 Evaluation of Conflicts
The Compliance Officer or designated authority will evaluate disclosed conflicts of interest to determine the appropriate course of action. This evaluation includes assessing the potential impact on Zyva Capital and its stakeholders.

4. Managing Conflicts of Interest

4.1 Mitigation Strategies
When a conflict of interest is identified, Zyva Capital will implement appropriate measures to manage and mitigate the conflict. Strategies may include:
* Recusal: Requiring the individual to recuse themselves from decision-making processes or activities related to the conflict.
* Disclosure to Stakeholders: Informing relevant parties or stakeholders about the conflict and the measures taken to address it.
* Segregation of Duties: Implementing controls to separate conflicting roles or responsibilities to minimize the impact of the conflict.
4.2 Compliance and Monitoring
We will monitor and review conflict management practices to ensure their effectiveness and compliance with this Policy. Ongoing monitoring includes periodic audits and assessments of conflict management procedures.

5. Training and Awareness

5.1 Training Program
All employees, directors, officers, and agents receive training on recognizing and managing conflicts of interest. The training covers:
* Definition and Examples: Understanding what constitutes a conflict of interest and real-world examples.
* Disclosure Procedures: Instructions on how to disclose conflicts and the importance of timely reporting.
* Mitigation Measures: Overview of strategies for managing and resolving conflicts of interest.
5.2 Ongoing Education
Training programs are updated regularly to reflect changes in laws, regulations, and industry practices. Participants are required to complete refresher training as needed.

6. Compliance and Enforcement

6.1 Policy Enforcement
Compliance with this Policy is mandatory. Failure to disclose conflicts of interest or adhere to management strategies may result in disciplinary action, up to and including termination of employment or engagement.
6.2 Reporting Violations
Individuals are encouraged to report any violations of this Policy or concerns about conflicts of interest to the Compliance Officer or designated authority. Reports can be made confidentially and without fear of retaliation.
6.3 Investigation
Reports of violations or concerns will be investigated promptly and thoroughly. The investigation process includes reviewing relevant documents, interviewing involved parties, and determining appropriate corrective actions.

7. Record Keeping

7.1 Documentation
We maintain records of all conflict of interest disclosures, evaluations, and management actions. Documentation is kept secure and confidential in accordance with applicable data protection laws.
7.2 Retention Period
Records related to conflicts of interest are retained for a minimum period of [insert duration, e.g., five years] from the date of the disclosure or resolution of the conflict.

8. Policy Review and Updates

8.1 Periodic Review
This Policy is reviewed periodically to ensure its effectiveness and compliance with current laws and regulations. Any amendments or updates are made as necessary and approved by senior management.
8.2 Approval
All changes to this Policy must be approved by senior management and communicated to all relevant stakeholders.

9. Contact Information
For questions or concerns regarding this Conflict of Interest Policy, please contact:
* Compliance Officer: legal@zyvacapital.com

Client Agreement

1. Introduction

1.1 Parties
This Client Agreement ("Agreement") is entered into between Zyva Capital International LLC ("Zyva Capital," "we," "us," or "our") and the client ("Client" or "you"). By engaging our services, you agree to the terms and conditions set forth in this Agreement.
1.2 Purpose
This Agreement outlines the terms and conditions governing the provision of investment services, including asset management, fund management, and advisory services, by Zyva Capital to the Client.

2. Services Provided

2.1 Investment Services
Zyva Capital offers the following services to the Client:
* Asset Management: Management of Client's investment portfolio based on the agreed investment strategy and objectives.
* Fund Management: Oversight and administration of investment funds, including selection and monitoring of investments.
* Advisory Services: Provision of investment advice and recommendations tailored to the Client's financial goals and risk tolerance.
2.2 Scope of Services
The scope of services provided under this Agreement will be detailed in a separate service agreement or investment mandate, which will form an integral part of this Agreement.

3. Fees and Charges

3.1 Fees
The Client agrees to pay Zyva Capital fees for the services rendered as specified in the fee schedule provided. Fees may include, but are not limited to:
* Management Fees: Fees for the ongoing management of the Client's investment portfolio.
* Performance Fees: Fees based on the performance of the Client's investments, if applicable.
* Transaction Fees: Fees associated with the execution of trades or transactions.
3.2 Payment Terms
Fees are payable in accordance with the payment terms outlined in the fee schedule. Zyva Capital reserves the right to revise fees upon prior notice to the Client.
3.3 Expenses
The Client is responsible for any additional expenses incurred in connection with the services provided, including but not limited to transaction costs, custodial fees, and regulatory charges.

4. Client Responsibilities

4.1 Provision of Information
The Client agrees to provide accurate and complete information necessary for the provision of services, including personal, financial, and investment-related information.
4.2 Compliance with Laws
The Client agrees to comply with all applicable laws and regulations, including those related to anti-money laundering, tax reporting, and securities regulations.
4.3 Investment Decisions
The Client acknowledges that investment decisions are based on information provided by the Client and that Zyva Capital is not liable for losses resulting from the Client's decisions or actions.

5. Termination and Amendments

5.1 Termination
Either party may terminate this Agreement upon written notice to the other party. Termination will be effective [insert notice period, e.g., 30 days] from the date of receipt of the notice. Upon termination, Zyva Capital will cease providing services, and any outstanding fees or charges will become payable.
5.2 Amendments
This Agreement may be amended or modified only by a written agreement signed by both parties. Zyva Capital reserves the right to update the terms of this Agreement with prior notice to the Client.

6. Dispute Resolution

6.1 Mediation and Arbitration
Any disputes arising under this Agreement shall first be submitted to mediation. If mediation fails to resolve the dispute, the matter shall be referred to arbitration in accordance with the rules of the American Arbitration Association.
6.2 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.

7. Limitation of Liability

7.1 General Limitation
Zyva Capital shall not be liable for any indirect, incidental, consequential, or punitive damages arising from or related to the services provided under this Agreement, except in cases of gross negligence or willful misconduct.
7.2 No Guarantee of Performance
Zyva Capital makes no guarantee or representation regarding the future performance of investments or the achievement of specific investment objectives.

8. Confidentiality and Data Protection

8.1 Confidentiality
Zyva Capital will maintain the confidentiality of the Client's information and will not disclose it to third parties, except as required by law or as necessary to provide the agreed-upon services.
8.2 Data Protection
The Client's personal data will be processed in accordance with Zyva Capital's Privacy Policy, which is available on our website. By entering into this Agreement, the Client consents to the collection, use, and processing of their personal data as described in the Privacy Policy.

9. Miscellaneous

9.1 Entire Agreement
This Agreement, along with any service agreements or investment mandates, constitutes the entire agreement between the parties and supersedes all prior agreements or understandings, whether written or oral.
9.2 Severability
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
9.3 Waiver
No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
9.4 Assignment
The Client may not assign or transfer any rights or obligations under this Agreement without the prior written consent of Zyva Capital. Zyva Capital may assign or transfer its rights and obligations under this Agreement at its discretion.

10. Contact Information
For questions or assistance regarding this Client Agreement, please contact:
* Customer Support: help@zyvacapital.com

Risk Disclosure

 

1. Introduction

 

1.1 Purpose
This Risk Disclosure Statement ("Statement") is provided by Zyva Capital International LLC ("Zyva Capital," "we," "us," or "our") to inform clients and investors ("Client" or "you") of the significant risks associated with investing. It is intended to help you make informed decisions by understanding the potential risks and implications of your investment activities.

1.2 Acknowledgment
By engaging with our services, you acknowledge that you have read, understood, and accepted the risks described in this Statement. Investing involves risk, and past performance is not indicative of future results.

 

2. Market Risk

 

2.1 Nature of Market Risk
Market risk refers to the risk of losses arising from fluctuations in market prices and rates. This includes changes in the value of securities, interest rates, foreign exchange rates, and commodity prices.

2.2 Impact of Market Risk
Investments may experience volatility and may decrease in value due to market conditions. Economic, political, and social events can cause sudden and significant changes in market conditions that may adversely affect your investments.

 

3. Credit Risk

 

3.1 Nature of Credit Risk
Credit risk is the risk of loss arising from a borrower's failure to repay a loan or meet contractual obligations. This risk can also extend to counterparties in transactions.

3.2 Impact of Credit Risk
The failure of a counterparty or issuer to meet its financial obligations can result in a loss to the investor. This risk is particularly relevant for investments in debt instruments, bonds, and other credit-related securities.

 

4. Liquidity Risk

 

4.1 Nature of Liquidity Risk
Liquidity risk refers to the risk that an investment may not be easily converted into cash or may only be sold at a significant discount to its market value.

4.2 Impact of Liquidity Risk
Some investments may have limited trading volumes or be subject to restrictions on transferability, which can make it difficult to sell or exit positions at a desired price or time.

 

5. Legal and Regulatory Risk

 

5.1 Nature of Legal and Regulatory Risk
Legal and regulatory risk involves the possibility that changes in laws, regulations, or government policies may affect the value or legality of investments or affect our ability to manage your investments effectively.

5.2 Impact of Legal and Regulatory Risk
Changes in laws or regulations can impact investment strategies, impose additional costs, or restrict certain activities. Compliance with new or amended regulations may affect the performance of investments.

 

6. Currency Risk

 

6.1 Nature of Currency Risk
Currency risk arises from fluctuations in foreign exchange rates that can affect the value of investments denominated in currencies other than your base currency.

6.2 Impact of Currency Risk
Investments in foreign currencies or assets may experience changes in value due to exchange rate fluctuations, which can result in gains or losses when converted back to your base currency.

 

7. Interest Rate Risk

 

7.1 Nature of Interest Rate Risk
Interest rate risk refers to the potential for changes in interest rates to affect the value of fixed-income investments, such as bonds.

7.2 Impact of Interest Rate Risk
Rising interest rates may lead to a decrease in the value of fixed-income securities, while falling interest rates may lead to lower yields and reduced income from such investments.

 

8. Investment Strategy Risk

 

8.1 Nature of Investment Strategy Risk
Investment strategy risk involves the risk that the chosen investment strategy or approach may not achieve the desired results or may perform poorly relative to expectations or benchmarks.

8.2 Impact of Investment Strategy Risk
The performance of an investment strategy may be affected by various factors, including market conditions, the skill of the manager, and the accuracy of forecasts or assumptions used in the strategy.

 

9. Risk Mitigation and Management

 

9.1 Risk Management Practices
Zyva Capital employs risk management practices, including diversification, hedging, and ongoing monitoring, to mitigate and manage the risks associated with investments. However, these practices do not eliminate risk entirely.

9.2 Client Responsibility
Clients are encouraged to assess their risk tolerance, seek professional advice, and consider their financial situation and investment objectives before making investment decisions.

 

10. Contact Information

For questions or further information regarding this Risk Disclosure Statement, please contact:

Complaints Handling Policy

 

1. Introduction

 

1.1 Purpose
This Complaints Handling Policy ("Policy") establishes the procedures for handling complaints received by Zyva Capital International LLC ("Zyva Capital," "we," "us," or "our") from clients, investors, and other stakeholders. The purpose of this Policy is to ensure that complaints are addressed promptly, fairly, and in accordance with applicable laws and regulations.

1.2 Scope
This Policy applies to all complaints related to the services, products, or conduct of Zyva Capital, including but not limited to investment management, asset management, financial advisory, and corporate services.

 

2. Definition of a Complaint

 

2.1 Complaint
For the purposes of this Policy, a "complaint" is any expression of dissatisfaction or concern regarding:

  • The quality of our services or products.

  • The conduct or behavior of our employees or representatives.

  • Any other aspect of our business operations that affects you.

2.2 Not a Complaint
Requests for information, general inquiries, or expressions of dissatisfaction not related to specific issues or incidents will not be considered complaints under this Policy.

 

3. Complaint Submission

 

3.1 How to Submit a Complaint
Complaints can be submitted through the following methods:

  • Email: complaints@zyvacapital.com

  • Mail: 16192 Coastal Highway, Lewes, Delaware, 19958

  • Phone: +1 (302) 520 3727 (during business hours)

3.2 Required Information
To facilitate the handling of your complaint, please provide the following information:

  • Your full name and contact details.

  • A clear description of the issue or concern.

  • Any relevant documentation or evidence supporting your complaint.

  • The desired resolution or outcome.

3.3 Acknowledgment of Receipt
Upon receiving your complaint, Zyva Capital will acknowledge receipt within [insert number] business days. The acknowledgment will include a reference number for tracking purposes and an outline of the next steps in the complaint process.

 

4. Complaint Handling Process

 

4.1 Initial Review
Upon receipt, the complaint will be reviewed to determine its nature and complexity. We will classify the complaint and assign it to the appropriate department or individual for investigation.

4.2 Investigation
Zyva Capital will conduct a thorough investigation of the complaint. This may involve:

  • Gathering relevant information and documentation.

  • Interviewing involved parties or witnesses.

  • Reviewing records and communications related to the complaint.

4.3 Resolution
We aim to resolve complaints as promptly as possible. The resolution process includes:

  • Evaluating the findings of the investigation.

  • Determining appropriate actions or remedies to address the issue.

  • Communicating the outcome to you in writing.

4.4 Timeframe
We will make every effort to resolve complaints within [insert number] business days from the date of acknowledgment. If additional time is required, we will inform you of the delay and the expected timeframe for resolution.

 

5. Appeals and Escalation

 

5.1 Appeals
If you are dissatisfied with the resolution provided, you may appeal the decision by submitting a written request for review to:

5.2 Escalation
For complaints that cannot be resolved through our internal process, you have the right to escalate the matter to relevant external bodies or regulatory authorities, as applicable. We will provide you with information on how to contact such bodies if necessary.

 

6. Record-Keeping and Confidentiality

 

6.1 Records
Zyva Capital will maintain detailed records of all complaints, investigations, and resolutions. Records will be kept for a period of [insert number] years, in compliance with applicable legal and regulatory requirements.

6.2 Confidentiality
All complaints and related information will be handled with strict confidentiality. Access to complaint records will be restricted to authorized personnel involved in the complaint handling process.

 

7. Monitoring and Improvement

 

7.1 Monitoring
Zyva Capital will regularly monitor and review the effectiveness of our complaints handling process. We will assess complaint trends, identify areas for improvement, and take corrective actions as needed.

7.2 Continuous Improvement
We are committed to continuously improving our services and processes based on feedback received through complaints. Lessons learned from complaints will be used to enhance our operations and prevent recurrence of similar issues.

 

8. Contact Information

For any questions or concerns regarding this Complaints Handling Policy, or to submit a complaint, please contact us at:

  • Email: complaints@zyvacapital.com

  • Mail: 16192 Coastal Highway, Lewes, Delaware, 19958

  • Phone: +1 (302) 520 3727 (during business hours)

 

9. Legal Compliance

 

9.1 Regulatory Requirements
This Policy is designed to comply with all applicable laws, regulations, and industry standards related to complaints handling. Zyva Capital will adhere to legal requirements and best practices in the management of complaints.

 

9.2 Amendments
Zyva Capital reserves the right to amend this Policy at any time to reflect changes in legal or regulatory requirements. Any amendments will be communicated to you through our website or other appropriate means.

Regulatory Compliance Policy

 

1. Introduction

 

1.1 Purpose
This Regulatory Compliance Policy ("Policy") establishes the framework for ensuring that Zyva Capital International LLC ("Zyva Capital," "we," "us," or "our") complies with all applicable laws, regulations, and industry standards. This Policy outlines our commitment to regulatory compliance, internal controls, and governance to maintain the highest standards of ethical conduct and legal adherence.

1.2 Scope
This Policy applies to all operations, activities, and employees of Zyva Capital, including our investment management, asset management, financial advisory, and corporate services.

 

2. Regulatory Compliance Framework

 

2.1 Regulatory Obligations
Zyva Capital is committed to adhering to all relevant regulatory requirements, including but not limited to:

  • Securities and Exchange Commission (SEC) regulations.

  • Financial Industry Regulatory Authority (FINRA) rules.

  • Anti-Money Laundering (AML) and Counter-Terrorist Financing (CTF) laws.

  • Data protection and privacy regulations, including the General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA).

  • Local, state, and federal laws applicable to our business operations.

2.2 Compliance Responsibilities
The Chief Compliance Officer (CCO) is responsible for overseeing regulatory compliance across the organization. The CCO will ensure that:

  • Compliance policies and procedures are developed, implemented, and maintained.

  • Regulatory changes are monitored, and policies are updated accordingly.

  • Employees are trained on compliance requirements and procedures.

 

3. Internal Controls and Procedures

 

3.1 Control Environment
Zyva Capital maintains a robust control environment to ensure compliance with legal and regulatory requirements. This includes:

  • Clearly defined roles and responsibilities for compliance management.

  • Regular internal audits and reviews of compliance practices.

  • Effective risk management strategies to identify and mitigate compliance risks.

3.2 Compliance Policies and Procedures
We have established detailed compliance policies and procedures covering key areas such as:

  • Investment management and advisory practices.

  • Client and investor disclosures and communications.

  • Data protection and information security.

  • Anti-money laundering and counter-terrorist financing.

3.3 Monitoring and Reporting
Zyva Capital employs monitoring systems to detect and address compliance issues. This includes:

  • Regular compliance assessments and internal audits.

  • Monitoring of transactions and activities for compliance with applicable laws and regulations.

  • Reporting of compliance breaches or concerns to the CCO and relevant authorities.

 

4. Training and Awareness

 

4.1 Employee Training
All employees are required to complete mandatory compliance training upon hiring and periodically thereafter. Training covers:

  • Regulatory requirements and industry standards.

  • Internal compliance policies and procedures.

  • Reporting obligations and procedures for potential compliance issues.

4.2 Ongoing Education
Zyva Capital provides ongoing education and updates to employees regarding changes in regulatory requirements and best practices. This ensures that our team remains informed and capable of maintaining compliance.

 

5. Risk Management

 

5.1 Compliance Risk Assessment
We conduct regular risk assessments to identify and evaluate compliance risks associated with our operations. This includes:

  • Assessing potential areas of non-compliance.

  • Evaluating the effectiveness of current compliance controls.

  • Implementing risk mitigation strategies as necessary.

5.2 Risk Mitigation Strategies
To address identified compliance risks, Zyva Capital implements the following strategies:

  • Strengthening internal controls and procedures.

  • Enhancing employee training and awareness programs.

  • Engaging with external consultants or legal advisors as needed.

 

6. Reporting and Investigation

 

6.1 Reporting Mechanisms
Employees, clients, and other stakeholders are encouraged to report any suspected compliance violations or concerns through the following channels:

6.2 Investigation of Violations
All reported compliance violations will be investigated promptly and thoroughly. The investigation process includes:

  • Reviewing evidence and conducting interviews.

  • Assessing the impact of the violation and determining appropriate corrective actions.

  • Documenting the findings and actions taken.

6.3 Corrective Actions
Based on investigation outcomes, Zyva Capital will implement corrective actions to address compliance violations and prevent recurrence. This may include:

  • Revising policies and procedures.

  • Enhancing training and awareness programs.

  • Taking disciplinary action against responsible parties.

 

7. Record-Keeping

 

7.1 Documentation
Zyva Capital maintains detailed records of compliance-related activities, including:

  • Compliance policies and procedures.

  • Training records and attendance.

  • Reports of compliance violations and investigation outcomes.

7.2 Retention Period
Records will be retained for a period of 3 years or as required by applicable laws and regulations.

 

8. Review and Updates

 

8.1 Policy Review
This Policy will be reviewed periodically to ensure its continued relevance and effectiveness. We will assess whether any updates are needed to reflect changes in regulatory requirements, business operations, or industry practices.

8.2 Amendments
Zyva Capital reserves the right to amend this Policy at any time. Any amendments will be communicated to employees and stakeholders through appropriate channels.

 

9. Contact Information

For questions or concerns regarding this Regulatory Compliance Policy, please contact:

Security and Data Protection Policy

 

1. Introduction

 

1.1 Purpose
This Security and Data Protection Policy ("Policy") establishes the principles and practices for safeguarding the security and privacy of personal data processed by Zyva Capital International LLC ("Zyva Capital," "we," "us," or "our"). This Policy outlines our commitment to data protection and security, ensuring compliance with applicable data protection laws and regulations.

1.2 Scope
This Policy applies to all employees, directors, officers, contractors, and third parties who have access to personal data processed by Zyva Capital, including our investment management, asset management, financial advisory, and corporate services.

 

2. Data Protection Principles

 

2.1 Lawfulness, Fairness, and Transparency
We are committed to processing personal data in a lawful, fair, and transparent manner. We will inform individuals about the purposes for which their data is collected and how it will be used.

2.2 Purpose Limitation
Personal data will be collected and processed only for specified, legitimate purposes and will not be further processed in a manner incompatible with those purposes.

2.3 Data Minimization
We will collect and process only the personal data that is necessary for the intended purposes and ensure that it is accurate and up-to-date.

2.4 Accuracy
We will take reasonable steps to ensure that personal data is accurate, complete, and kept up-to-date.

2.5 Storage Limitation
Personal data will be kept only for as long as necessary to fulfill the purposes for which it was collected or as required by law.

2.6 Integrity and Confidentiality
We will implement appropriate technical and organizational measures to ensure the security of personal data and protect it from unauthorized access, disclosure, alteration, and destruction.

 

3. Data Security Measures

 

3.1 Technical Measures
We employ industry-standard technical measures to safeguard personal data, including:

  • Encryption: Data encryption for storage and transmission.

  • Access Controls: Restricted access to personal data based on roles and responsibilities.

  • Firewalls and Antivirus: Use of firewalls and antivirus software to protect against malicious attacks.

  • Data Backup: Regular backups of personal data to prevent data loss.

3.2 Organizational Measures
We implement organizational measures to ensure data security, including:

  • Security Policies: Establishing and enforcing security policies and procedures.

  • Training: Providing regular data protection and security training to employees.

  • Incident Response: Developing and maintaining an incident response plan to address security breaches.

3.3 Third-Party Providers
When engaging third-party service providers who process personal data on our behalf, we ensure that:

  • Due Diligence: We conduct due diligence to assess their data protection practices.

  • Contracts: We enter into data processing agreements that outline data protection obligations and responsibilities.

 

4. Data Subject Rights

 

4.1 Right to Access
Individuals have the right to request access to their personal data held by Zyva Capital. Upon request, we will provide a copy of the data and details about its processing.

4.2 Right to Rectification
Individuals may request the correction of inaccurate or incomplete personal data. We will take reasonable steps to update the data as requested.

4.3 Right to Erasure
Individuals may request the deletion of their personal data under certain circumstances, such as when the data is no longer necessary for the purposes for which it was collected.

4.4 Right to Restriction
Individuals may request the restriction of processing their personal data in certain situations, such as when the accuracy of the data is contested.

4.5 Right to Data Portability
Individuals may request the transfer of their personal data to another organization in a structured, commonly used, and machine-readable format.

4.6 Right to Object
Individuals may object to the processing of their personal data on grounds related to their particular situation, including for direct marketing purposes.

4.7 Exercising Rights
To exercise any of these rights, individuals should contact us using the contact details provided below.

​

5. Data Breach Notification

​

5.1 Breach Detection and Response
We have procedures in place to detect and respond to data breaches. In the event of a data breach, we will:

  • Contain and Assess: Immediately contain the breach and assess its impact.

  • Notify Authorities: Notify the relevant data protection authorities within 72 hours of becoming aware of the breach, where required by law.

  • Inform Affected Individuals: Inform affected individuals of the breach if it poses a high risk to their rights and freedoms.

5.2 Documentation
We will maintain a record of all data breaches, including details of the breach, its impact, and the measures taken in response.

​

6. Compliance with Data Protection Laws

​

6.1 Legal Framework
Zyva Capital complies with all applicable data protection laws and regulations, including:

  • General Data Protection Regulation (GDPR): Applicable to personal data of individuals in the European Union.

  • California Consumer Privacy Act (CCPA): Applicable to personal data of residents of California, USA.

  • Other Relevant Laws: Any other applicable data protection and privacy laws.

6.2 Policy Review
This Policy will be reviewed annually or as necessary to ensure its continued compliance with legal requirements and its effectiveness in protecting personal data.

6.3 Amendments
Zyva Capital reserves the right to amend this Policy at any time. Any amendments will be communicated to employees, clients, and stakeholders through appropriate channels.

​

7. Contact Information

For questions, concerns, or to exercise your data protection rights, please contact:

bottom of page