Terms of Use

Phoenix Agentics Commodity Pool

This website (the “Site”) is owned and operated by Phoenix Agentics Capital Management LLC, a Delaware limited liability company (the “Manager,” “we,” “us,” or “our”), in its capacity as commodity pool operator and investment manager of the Phoenix Agentics Commodity Pool (the “Pool”). By accessing or using the Site, you agree to be bound by these Terms of Use. If you do not agree, you must immediately cease use of the Site.

1. Limited Purpose of the Site

The Site is provided solely for informational purposes and to allow persons who believe they may qualify as Qualified Eligible Persons (“QEPs”) under CFTC Rule 4.7 to request confidential offering materials. The Site does not constitute an offer to sell or a solicitation of an offer to buy interests in the Pool in any jurisdiction or to any person to whom it is unlawful to make such an offer or solicitation.

2. No Public Offering

Interests in the Pool are offered privately and exclusively to QEPs pursuant to the exemption provided by CFTC Rule 4.7. 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.

3. Eligibility and QEP Representation

By submitting the contact/QEP questionnaire, you represent and warrant that: You meet the criteria for a Qualified Eligible Person as defined in 17 C.F.R. § 4.7 (see https://www.law.cornell.edu/cfr/text/17/4.7). All information you provide is true, accurate, and complete. You are accessing the Site for your own account or on behalf of an entity that meets QEP standards. We reserve the right to request additional documentation to verify QEP status before providing any offering materials.

4. Confidentiality and Non-Disclosure

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.

5. Intellectual Property

The content of the Site, including text, logos, and design, is owned by the Manager or its licensors and protected by copyright, trademark, and other laws. You may not copy, modify, or create derivative works without express permission.

6. Prohibited Uses

7. No Warranties

THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ACCURACY, COMPLETENESS, OR FITNESS FOR A PARTICULAR PURPOSE.

8. Limitation of Liability

To the fullest extent permitted by law, the Manager and its affiliates, officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your access to or use of the Site.

9. Indemnification

You agree to indemnify and hold harmless the Manager and its affiliates from any claims, losses, or expenses (including reasonable attorneys' fees) arising from your breach of these Terms or misrepresentation of QEP status.

10. Governing Law

These Terms shall be governed by the laws of the State of Delaware, without regard to conflict of law principles. Any dispute shall be resolved exclusively in the state or federal courts located in Delaware.

11. Changes to Terms

We may modify these Terms at any time. Continued use of the Site after changes constitutes acceptance of the revised Terms.

12. Contact

Last Updated: December 3, 2025