Last Updated: January 2026
1. Acceptance of Terms
By accessing or using The Capnest platform (the "Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree, you may not access or use the Service.
2. Description of the Service
The Capnest provides a software-as-a-service platform designed to assist users with tracking, organizing, and managing private equity and venture capital investments. Features may include portfolio tracking, capital call tracking, document storage, reporting, analytics, and related tools.
The Service is provided for informational and organizational purposes only.
3. User Accounts
To access the Service, you must create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain the confidentiality of your login credentials
- Be responsible for all activity under your account
You must notify us immediately of any unauthorized use or security breach.
4. Subscriptions, Fees, and Payment
Certain features require a paid subscription. By subscribing, you authorize recurring charges through our third-party payment processors unless canceled before renewal.
- Fees are non-refundable except where required by law
- Pricing may change with at least 30 days' notice
- We do not store raw payment card or bank data
5. User Responsibilities and Acceptable Use
You agree not to:
- Use the Service for unlawful or deceptive purposes
- Attempt unauthorized access to systems or data
- Interfere with Service integrity or security
- Upload malicious code
You are solely responsible for all data you submit.
6. Intellectual Property
The Service and all related intellectual property are owned by The Capnest or its licensors and protected by applicable laws.
You retain ownership of your investment data. You grant The Capnest a limited, non-exclusive license to store, process, analyze, and display such data solely to operate and improve the Service.
7. No Advice; Data Accuracy Disclaimer
The Capnest is not an investment advisor, broker-dealer, tax advisor, or legal advisor.
We do not verify user-submitted data. All outputs depend entirely on information you provide. You should consult qualified professionals before making decisions.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CAPNEST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS, ARISING FROM YOUR USE OF THE SERVICE.
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE CAPNEST IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
9. Indemnification
You agree to indemnify and hold harmless The Capnest and its officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of the Service, your data, or your violation of these Terms.
10. Service Availability and Modifications
We may modify, suspend, or discontinue the Service at any time. We do not guarantee uninterrupted availability and are not liable for downtime or changes.
11. Termination
We may suspend or terminate your account for violation of these Terms. Upon termination:
- Your access ends immediately
- You may export your data prior to termination where feasible
- Sections relating to liability, arbitration, and indemnification survive
12. Mandatory Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively by final and binding arbitration, rather than in court, except that either party may seek injunctive or equitable relief in a court of competent jurisdiction for misuse of intellectual property or unauthorized access.
- Arbitration shall be conducted on an individual basis only
- Class actions, class arbitrations, and representative actions are waived
- Arbitration shall be administered by a nationally recognized arbitration provider (such as AAA or JAMS)
- The arbitration will take place in the United States, unless otherwise required by law
Each party will bear its own legal fees unless the arbitrator awards otherwise.
13. Governing Law
These Terms are governed by the laws of the United States and the state in which The Capnest is organized, without regard to conflict-of-law principles.
14. Changes to These Terms
We may update these Terms from time to time. Material changes will be communicated via email or within the Service. Continued use constitutes acceptance.
15. Contact Information
For questions regarding these Terms, contact:
The Capnest
admin@thecapnest.com