Legal

Terms of Service

Last updated: June 13, 2026

Draft for review. These terms are a starting-point template that reflects how the 53 Peaks platform is built — including that we never custody funds or initiate payments. They are not legal advice and have not been reviewed by counsel. Please have a qualified attorney review and finalize them before relying on them in production.

These Terms of Service ("Terms") govern your access to and use of the 53 Peaks fund administration platform and website (the "Service"). By accessing or using the Service, you agree to these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization.

1. The Service

53 Peaks provides software for fund administration — including investor management, capital calls, distributions, fund accounting and NAV, reconciliation, reporting, and the preparation of bank-ready payment files. The Service is software only.

2. No Custody; No Payment Initiation; Not Platform-of-Record

This is fundamental to how the Service works: 53 Peaks never takes custody of, holds, or controls your funds or your investors' funds, and never initiates, transmits, or executes any payment. Where the Service prepares ACH (NACHA) or wire (ISO 20022) files, you — the customer — review and release those files within your own bank, and your bank moves the money under your authority. 53 Peaks is not a bank, money transmitter, broker-dealer, investment adviser, custodian, or fund administrator-of-record, and does not provide investment, legal, tax, or accounting advice.

3. Accounts & Eligibility

The Service is intended for investment managers and their authorized service providers, not for consumers. You are responsible for the accuracy of the information you provide, for safeguarding your credentials, and for all activity under your account. We recommend enabling two-factor authentication.

4. Customer Data & Ownership

As between you and 53 Peaks, you own the fund and investor data you submit ("Customer Data"). You grant us the limited rights needed to host and operate the Service for you. You are the controller of personal data within your Customer Data and are responsible for having the rights and disclosures needed to provide it. Our handling of personal data is described in our Privacy Policy.

5. Acceptable Use

Do not use the Service unlawfully or to violate the rights of others.
Do not attempt to breach security, access other tenants' data, or disrupt the Service.
Do not misrepresent data you are not authorized to enter, or use the Service to facilitate fraud.

6. Third-Party Integrations

The Service can connect to third-party services you choose (e.g., bank-data connectivity, identity verification, custodians, exchanges). Your use of those services is governed by their terms, and 53 Peaks is not responsible for third-party services or for data they provide.

7. Disclaimers

The Service is provided "as is" and "as available." To the maximum extent permitted by law, 53 Peaks disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. You are responsible for reviewing the accuracy of figures, files, and reports the Service produces before relying on or releasing them. 53 Peaks does not guarantee any particular financial, tax, regulatory, or accounting outcome.

8. Limitation of Liability

To the maximum extent permitted by law, 53 Peaks will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or data. Our aggregate liability arising out of or relating to the Service is limited to the amounts you paid us for the Service in the twelve months preceding the claim.

9. Indemnification

You agree to indemnify and hold harmless 53 Peaks from claims arising out of your Customer Data, your use of the Service, your release of payments, or your violation of these Terms or applicable law.

10. Term & Termination

Either party may terminate as set out in your order or subscription. On termination you may export your Customer Data for a reasonable period, after which we may delete it subject to legal and regulatory retention obligations.

11. Changes

We may update these Terms as the Service evolves; material changes will be reflected by an updated "Last updated" date and, where appropriate, additional notice. Continued use after changes take effect constitutes acceptance.

12. Governing Law

These Terms are governed by the laws of the State of [•], without regard to conflict-of-laws rules. (Jurisdiction to be set by counsel.)

13. Contact

Questions about these Terms can be sent to cole@53peaks.io.