Terms of Use

Phoenix Agentics Commodity Pool

These Terms of Use (“Terms”) govern your access to and use of phoenixagentics.com (the “Site”), which is owned and operated by Phoenix Agentics Capital Management LLC, a Delaware limited liability company (the “Manager,” “we,” “us,” or “our”). By accessing or using this Site, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must immediately discontinue use of the Site.

1. Purpose and Scope

The Site is provided solely for informational purposes and to allow persons who believe they may qualify as Qualified Eligible Persons (“QEPs”) under CFTC Regulation 4.7 to request confidential offering materials. The Site does not constitute an offer or solicitation to sell, nor does it constitute an offering or recommendation to buy, interests in the Phoenix Agentics Commodity Pool (the “Pool”) to any person in any jurisdiction. Offers of interests in the Pool are made only pursuant to a confidential Private Placement Memorandum (PPM) and related documents, and only to persons who qualify as QEPs under applicable law.

The Manager makes no representation regarding whether any person is qualified to invest. The Commodity Futures Trading Commission has not passed upon the merits of participating in the Pool nor has it passed on the adequacy or accuracy of any offering materials or this Site.

2. Eligibility and Representations

3. Confidentiality

Any offering memorandum, subscription documents, performance information, or other materials provided after QEP verification are strictly confidential and may not be reproduced, distributed, or disclosed to any third party without our prior written consent.

4. Intellectual Property

All content on the Site, including text, graphics, images, logos, trademarks, and design, is owned by the Manager or its licensors and is protected by U.S. and international intellectual property laws. No right, title, or interest is transferred to you by downloading or accessing any content.

You may not copy, modify, transmit, publicly display, distribute, create derivative works of, or otherwise use any Site content for any commercial purpose without explicit written permission from the Manager.

5. Prohibited Uses

6. Limitation of Liability

THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. You understand that reliance on any content is at your own risk.

7. No Warranties

To the fullest extent permitted by law, the Manager and its affiliates, officers, directors, employees, agents, and representatives shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of (or inability to use) the Site or any content therein, even if the Manager has been advised of the possibility of such damages.

8. Indemnification

You agree to indemnify, defend, and hold harmless the Manager and its affiliates from and against all losses, liabilities, claims, damages, and expenses (including reasonable attorneys' fees) arising from your breach of these Terms, misrepresentation of your QEP status, or unauthorized use of Site content.

9. Governing Law and Dispute Resolution

These Terms and any dispute arising out of your use of the Site shall be governed by the laws of the State of Delaware, without regard to conflict of law principles. Any dispute shall be brought exclusively in the state or federal courts located in Delaware, and you hereby consent to the exclusive jurisdiction of such courts.

10. Changes to Terms

We may revise these Terms at any time. Continued use of the Site after posting of updated Terms constitutes acceptance of those modifications.

11. Contact

Last Updated: December 30, 2025