Last updated: February 20, 2025
Terms and Conditions
The present General Terms of Use of Tokenify (hereinafter, the “Terms”) set out the terms and conditions that govern the relationship between Tokenify (hereinafter, “Tokenify”) and the User (hereinafter, “User”) concerning the use of the services offered through the Tokenify platform. By using Tokenify’s services, the User fully and unreservedly accepts these Terms. Tokenify reserves the right to modify these Terms at any time, informing the User of such changes. Investing in digital assets through our platform involves inherent risks. The User must ensure they fully understand these risks before using our services.
By accessing, downloading, or using Tokenify’s services, the User expressly declares to have read, understood, and fully accepted these General Terms of Use. This acceptance implies the User’s consent to be bound by all the provisions set forth in this document, as well as any modifications that may be made in the future.
These General Terms of Use, together with Tokenify’s Privacy Policy, establish the legal framework for using our services. If the User does not accept these terms or has any doubts, they should refrain from using the platform.
1. Introduction
1.1. About Us. Tokenify is committed to providing a transparent and secure service to its users. Our platform allows users to access a wide range of services related to digital assets.
1.2. These Terms. The purpose of these General Terms of Use is to establish a clear and transparent framework for the relationship between Tokenify, the Issuer, and the User. By using our services, the Issuer and the User agree to comply with the terms and conditions set forth herein.
1.3. Additional Documents:
- Tokenization Policy: This document details the requirements and process for creating and listing tokens on our platform.
- Listing Policy: This document sets the criteria for a token to be listed on our platform.
- Smart Contracts Policy: This document describes the standards and requirements for the smart contracts used on our platform.
2. Requirements
2.1. Participation Criteria
- Compliance with applicable laws: The user must comply with all applicable laws and regulations in their jurisdiction related to the purchase, sale, and holding of digital tokens.
- Accreditation: Depending on the jurisdiction and the type of token, the user may be required to verify their identity and meet certain investment criteria.
2.2. Modification of Participation Criteria
- Flexibility: Given the innovative nature of the digital token industry, Tokenify reserves the right to modify the participation criteria at any time to adapt to changes in the market and regulations.
3. Definitions
3.1 Token Offering: The process of tokenizing assets, through which rights over an underlying asset are represented in the form of digital tokens.
3.2 User: Any person or entity that interacts with the Tokenify platform, including those who participate in tokenization processes.
3.3 Issuer: An entity that issues tokens on the blockchain through our platform.
3.4 Investor: A person or entity that invests in tokens acquired on our platform.
3.5 Decentralized Application (Dapps): A platform that operates on a decentralized network and allows the creation and exchange of tokens.
3.6 KYC Process: An identity verification procedure designed to comply with anti-money laundering regulations.
3.7 Token: A unique digital currency that represents a part of an asset or project.
3.8 Smart Contract: A set of automatic rules that govern tokens and transactions, stipulated in the whitepaper.
3.9 Project Objective: The reason for which tokens are created and offered.
3.10 Digital Wallet: A secure place where your tokens are stored.
3.11 Whitepaper: The whitepaper is a document designed to provide information to the user about the project specifications, which are translated into the smart contract to establish the automatic rules governing the tokens.
3.12 Tokenify Platform: The website where you can create, buy, and sell tokens.
4. Who We Are
4.1 Tokenify is a registered company that provides technology for tokenization and allows issuers to carry out tokenization processes through its dApp.
5. Tokenization Procedure
5.1 To initiate the tokenization process, the first step is the evaluation of the Project Issuer prior to structuring the token, which includes the following steps: Project analysis, Business model, Financial design of the token economy, Legal structure, and Marketing plan design.
5.2 Technical development, which includes: Creation of smart contracts and token issuance. Configuration of the project owner’s wallets.
5.3 By accessing the control panel and the token distribution store, the Tokenify tokenization center is responsible for uploading all the necessary information for Token Buyers to understand the Project details and conditions.
5.4 Token sales are exclusively between the Issuer and the Token Buyers. Tokenify does not participate as an intermediary in transactions conducted between platform users. Therefore, it assumes no responsibility for any inconveniences, breaches, or any problems that may arise from such transactions, which are the sole responsibility of the parties involved.
6. Acceptance of Terms
I accept the Terms and Conditions established in the white paper on Token issuance and in the Marketing Agreement applicable to each tokenization project within the Tokenify platform. I understand that the specific conditions of each token, including its characteristics, rights, obligations, and associated risks, are detailed in the documentation corresponding to each issuance.
7. Creating a Tokenify Account
7.1. Opening an Account on the Platform: To access Tokenify’s Services, the User must create a Tokenify Account. It is advised that the user activates two-factor authentication to secure the created account.
7.2. Acceptance: By creating a Tokenify Account, the User agrees that:
- Token Creator: If the User wishes to create and issue tokens on the platform, they must comply with additional requirements set out in our Tokenization Policy.
- Investor: If the User wishes to invest in tokens, they must conduct due diligence on the projects and teams behind the tokens before investing.
7.3. Identity Verification: The User must comply with our identity verification procedures, know your customer (KYC). Additionally, we verify the identity document and/or passport, and perform biometric analysis to ensure that the user matches the identification document. This process is carried out through a third-party service.
7.4. AML Verification: AML stands for Anti-Money Laundering, a set of regulations and procedures designed to prevent money obtained from illegal activities from being integrated into the legal financial system. In the context of tokenization platforms, which allow real assets to be converted into digital tokens, AML processes are crucial for maintaining system integrity and complying with international financial laws. Tokenify ensures customer verification and performs AML checks.
7.5. Enhanced Due Diligence for Token Creators: Token creators must provide additional information, such as a detailed business plan, which the token structuring team will analyze to proceed with the tokenization plan development.
7.6. User Records: We retain your personal data for the time required by current legislation, especially to comply with transparency and traceability requirements in the field of digital assets.
8. Limitation of Liability
8.1 Tokenify is not responsible for:
- The fulfillment of the financial objectives of the tokenization.
- The security of the users’ wallets.
- Damages or losses resulting from information provided by the Issuer or Expert Collaborators.
- Reaching the soft cap set for the Tokenization.
- Any responsibility for the financial outcome of the token sale and the achievement of the soft cap.
8.2 The Platform is offered “as is” and “as available”, without any kind of warranties, express or implied.
8.3 The website https://www.tokenify.io will not be liable for economic losses, indirect damages, lost profits, or damages arising from the use of the Platform or Services.
8.4 The liability of https://www.tokenify.io will be limited to the amount paid by the User for the Services in the last three months.
9. Know Your Customer (KYC) and Know Your Business (KYB) Procedures
9.1 All issuers and buyers must complete the corresponding verification procedures before conducting activities on the dApp.
9.2 Tokenify may restrict access to the platform if verification procedures are not properly completed.
10. Disputes
10.1 Disputes between Issuers and Token Buyers must be resolved directly between the parties.
10.2 Tokenify does not participate in or take responsibility for the resolution of disputes/disagreements between the parties.
11. Modifications
11.1 Tokenify reserves the right to modify these Terms and Conditions. The modifications will be published on the website with the aim of obtaining acceptance of the changes upon modifying these Terms and Conditions.
12. Jurisdiction
12.1 These terms are governed by the laws of the jurisdiction where Tokenify is registered.
12.2 Disputes will be resolved through arbitration in accordance with applicable laws.
13. Intellectual Property Rights and Trademarks
13.1 Tokenify Ownership: Tokenify is the exclusive owner of all intellectual property rights related to its platform, including the brand, software, designs, smart contracts, and any other intellectual creations developed by Tokenify.
13.2 Token Creators’ Ownership: Token creators retain copyright over the concept and underlying assets represented by the tokens, except for those rights expressly granted to Tokenify under this agreement.
13.3 Usage License: By creating and issuing tokens on the Tokenify platform, creators grant Tokenify a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute the tokens and any related materials to facilitate transactions on the platform.
13.4 Users’ Ownership: Platform users obtain a limited license to use the tokens they acquire, in accordance with the terms of use established for each token. Users do not acquire any intellectual property rights over the tokens or the platform.
13.5 Registered Trademarks: Tokenify and its associated trademarks are the exclusive property of Tokenify. Any unauthorized use of our trademarks or content may result in legal action.
14. Force Majeure
14.1 Force Majeure Events: Tokenify shall not be liable for any failure or delay in the performance of any of its obligations under these Terms and Conditions if such failure or delay is due to a force majeure event. A force majeure event includes, but is not limited to: (i) acts of God; (ii) war, terrorism, insurrection, civil unrest, or any other hostility; (iii) embargoes, sanctions, or any other governmental action; (iv) pandemics, epidemics, or other public health emergencies; (v) fires, floods, earthquakes, or other natural disasters; (vi) disruptions in the supply of electricity, internet, or telecommunications; (vii) cyber attacks, system failures, or any other technological infrastructure interruptions; (viii) blockchain network failures; (ix) changes in applicable laws or regulations; and (x) any other event beyond our reasonable control.
14.2 Effects of a Force Majeure Event: In the event of a force majeure, Tokenify will make all reasonable efforts to mitigate the event’s effects and resume the performance of its obligations as soon as possible. However, Tokenify shall not be liable for any loss or damage resulting from such an event.
14.3 Duration: If a force majeure event continues for a consecutive period, either party may terminate these Terms and Conditions by providing written notice to the other party.
15. Responsibilities
15.1 Disclaimer of Warranties: To the fullest extent permitted by applicable law, the services provided by Tokenify, the dApp, and any other associated products or services are offered “as is” and “as available.” Tokenify expressly disclaims any implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
Tokenify does not guarantee that the services will be accurate, error-free, or uninterrupted, nor that the platform will be free of viruses or other harmful components. Users are responsible for taking appropriate measures to protect their data.
15.2 Disclaimer of Damages and Limitation of Liability: Tokenify and its affiliates shall not be liable for incidental, indirect, special, or consequential damages arising from the use of the services, even if advised of the possibility of such damages. This includes but is not limited to loss of data, revenue, or profits.
In no event shall Tokenify’s total liability exceed the fees paid by the user in the twelve-month period immediately preceding the event giving rise to the claim.
15.3 Indemnification: The user agrees to indemnify Tokenify and its affiliates for any claims, demands, or damages arising from their breach of these Terms and Conditions or any misuse of the services. This includes legal fees and associated costs.
16. Termination of the Contractual Relationship
16.1. Termination by the User:
The User may request the termination of the contractual relationship with Tokenify at any time by sending a written notice to the email address legal@tokenify.io designated by Tokenify for this purpose. The termination will be effective within a maximum of 15 business days after receipt of the request, provided that the User has fulfilled their pending obligations, including payments or processes related to transactions conducted on the platform.
16.2. Termination by Tokenify:
Tokenify may terminate the contractual relationship immediately in the following cases:
- a) Breach of the Terms and Conditions by the User.
- b) Misuse of the platform, including activities that violate applicable laws, such as money laundering or financing of illicit activities.
- c) Force majeure events that prevent the continuous operation of the platform for more than 30 consecutive days, as provided in the Force Majeure clause.
16.3. Procedures after Termination:
- a) Access to Acquired Tokens: The User will retain access to tokens acquired through their digital wallet, unless such tokens are subject to specific legal or contractual restrictions. Tokenify will not be responsible for the transfer, custody, or future accessibility of tokens outside its platform.
- b) Refunds: In case there are pending balances or transactions in progress, a corresponding adjustment will be made in accordance with the refund policy established in the contract, unless applicable laws provide otherwise.
- c) Data Deletion: Tokenify will proceed with the deletion of the User’s personal data within the period established by applicable regulations, except for data that must be retained to comply with legal obligations, such as traceability requirements or regulatory reports.
16.4. Consequences of Termination:
Termination of the contractual relationship does not exempt either party from obligations acquired prior to the termination date, including but not limited to payment of fees, compliance with pre-existing agreements, and liability for platform use.
16.5. Account Reopening:
The User may reopen their account, subject to compliance with all verification procedures and policies in effect at that time.
Warning about Digital Asset Risks
Investing in digital tokens involves a high risk of loss. The value of tokens can fluctuate significantly and may decrease to zero. Before investing, it is crucial that you fully understand the risks involved and only invest an amount of money you are willing to lose.
Key Risks:
Volatility: The digital token market is highly volatile and can experience significant price fluctuations in short periods of time.
Lack of Regulation: The regulation of digital tokens is constantly evolving and can vary by jurisdiction. This can create uncertainty and legal risks.
Technological Risk: The technology underlying digital tokens can be complex and subject to failures or cyber-attacks.
Counterparty Risk: Tokenization projects can fail, which could result in the total loss of your investment.
Lack of Liquidity: Some tokens may have low liquidity, making it difficult to quickly sell them at a fair price.
Custody Risk: The custody of your tokens involves inherent risks, including the risk of loss or theft.
Disclaimer:
We are not your advisors: Tokenify does not provide financial, legal, or any other advice. The decision to invest in digital tokens is yours, and you are solely responsible for your investment decisions.
Do your own research: Before investing, we recommend that you thoroughly investigate the project, the team, and the underlying technology.
Consult a professional: If you have doubts, consult a financial or legal advisor.
By using Tokenify’s services, you acknowledge and accept that:
You have read and fully understood this risk warning.
You are aware of the risks associated with investing in digital tokens.
No representation or warranty has been made regarding the profitability of any investment in digital tokens.
This warning is not intended to be an exhaustive list of all possible risks associated with investing in digital tokens.
Any violation of the terms and conditions should be reported to: legal@tokenify.io
Last updated: July 28, 2025
Terms and Conditions for the Use of Credit and Debit Cards on Tokenify
DEFINITIONS. –
For the purposes of these Terms and Conditions of Use for Participation in Tokenization Projects using Credit Cards, Debit Cards, and other Digital Payment Methods, the terms listed below shall have the meanings attributed to them, without prejudice to being further defined in other sections of this document or in the General Terms of the Platform:- Platform: Refers to the digital environment operated by TOKENIFY, accessible through its website, through which users can participate in tokenization projects, acquire tokens, and manage their digital investments.
- User: Any natural or legal person who registers, accesses, and uses the Platform to participate in projects, acquire tokens, or perform transactions using the enabled payment methods. It is understood that every User declares to be of legal age, have legal capacity to contract, and meet the verification requirements established by the Platform.
- Tokenization Project: Initiative published on the Platform that allows Users to participate in the issuance, distribution, or acquisition of digital assets represented by tokens, whether of a financial, utility, or hybrid nature.
- Token: Digital representation of a right, utility, or asset issued on blockchain networks compatible with the Platform. According to their nature, Tokens can be classified into:
- STO (Security Token Offering): Token that represents economic rights, such as dividends, profits, shares in capital gains, or rent on an underlying asset.
- UTO (Utility Token Offering): Token that grants access to functionalities, benefits, or services within the ecosystem of the corresponding project, without implying direct economic rights.
- Participation: Act by which the User contributes a specified amount to a Tokenization Project, with the objective of acquiring the Tokens issued under the project’s conditions.
- Payment Methods: Forms of payment accepted by the Platform to formalize Participation, including but not limited to international credit and debit cards, third-party digital payments (Apple Pay, Google Pay, among others), and transfers of crypto assets such as USDT through compatible networks.
- Additional Fee: Percentage charge applied to the total Participation amount when the User uses certain Payment Methods, particularly credit or debit cards, in order to cover financial, operational, and processing costs.
- Wallet: Unique cryptographic address linked to the User, used for receiving, custody, and/or transferring Tokens within the Tokenify ecosystem.
- General Terms of Use: Set of general legal conditions applicable to the use of the Tokenify Platform, published on the official website, which are considered complementary and integrated into these specific Terms.
- The use of cards or other centralized payment methods involves the application of commissions, fees, or other associated charges, which will be detailed prior to the confirmation of the corresponding transaction.
- The legal and economic nature of the acquired Tokens (whether STO or UTO) implies certain regulatory, tax, and value allocation implications that make it essential that the transferred amounts are complete, exact, and free of withholding, fees, or deductions not provided for by the Platform.
- The Platform does not act as a financial intermediary, payment instrument issuer, or custodian of digital assets, but as a technological service provider that facilitates the interaction between Users and Tokenization Projects, in accordance with the provisions of the General Terms of Use.
- The acceptance and use of the offered Payment Methods constitute a free, informed, and irrevocable manifestation of will by the User, in relation to these Terms, which are integrated into the Platform’s general usage document.
- The use of the keyboard, mouse, or other device to select an element, button, icon, or similar action to grant my consent also constitutes my electronic signature, which implies the corresponding acceptance of the content of the data message(s) and/or electronic document(s) and/or instruction(s), request(s) and/or electronic acceptance(s) as appropriate. I am aware and accept that I may be recorded through audio and/or video mechanisms.
ACCEPTANCE OF TERMS. –
- Reading, understanding, and accepting these Terms and Conditions is an essential requirement for the User to utilize any Payment Method enabled on the Platform to participate in Tokenization Projects.
- Acceptance may be manifested through any of the following actions, which shall have legal validity equivalent to an electronic signature:
- Explicitly checking the corresponding checkbox when participating using a card or other payment method;
- Effectively executing a Participation using the mechanisms enabled by the Platform;
- Continued use of the services associated with acquiring Tokens through said payment methods, with prior knowledge of these Terms.
- By using a credit or debit card to participate in tokenization projects within the Tokenify platform, the User fully accepts these terms, which become part of the service agreement signed between the User and TOKENIFY, and complement the General Terms and Conditions of Use available on our website.
- Acceptance of this charge upon confirming payment is considered as express and irrevocable consent to its application. Consequently, the User acknowledges and irrevocably accepts the applicable fees, commissions, or charges in accordance with these Terms.
- If the User disagrees with any provision contained in this document, they must refrain from using credit or debit cards or any other Payment Method subject to these conditions, and may opt for alternative methods offered by the Platform, such as direct transfer of digital assets.
ACCEPTED PAYMENT METHODS. –
- For the purpose of participating in Tokenization Projects, the User may use the following payment methods enabled by Tokenify, provided they are available and active in their jurisdiction:
- International credit and debit cards supported by Visa, Mastercard, Diners, or equivalent, as authorized by the issuing bank.
- Electronic methods enabled by third parties (Apple Pay, Google Pay, etc.), depending on local availability.
- Stable tokens like USDT (Tether), via compatible networks such as Polygon.
- TOKENIFY reserves the right to add, suspend, or remove payment methods based on technical, regulatory, or commercial availability, notifying the User through the channels established in the General Terms of Use.
- The use of certain payment methods may be subject to additional fees or charges, as well as the rates in effect at the time.
- The User understands that some methods, such as third-party electronic gateways (e.g., Apple Pay, Google Pay), are governed by their own terms of use, privacy policies, and service conditions, which fall outside the responsibility of TOKENIFY.
- Payments using digital assets must be made exclusively to the official addresses provided by the Platform, and through the specific blockchain networks indicated for each project. TOKENIFY will not be responsible for incorrect transfers or transfers made on non-compatible networks.
FIFTH: COMMISSIONS AND ADDITIONAL CHARGES. –
Any Participation made via credit or debit card will be subject to an additional 6% charge on the total transfer amount, applicable at the time of payment. This amount covers:- Fees for using the traditional financial system.
- Payment gateway processing charges.
- Bank taxes and associated operational fees.
NATURE OF THE ACQUIRED TOKENS. –
The Tokenify Platform facilitates User participation in various Tokenization Projects, which may issue different types of tokens, each with its own legal, technical, and economic characteristics.Users may participate in projects that issue various types of tokens:- STO (Security Token Offerings): Represent rights to dividends, capital gains, or income related to tokenized assets. Their value may fluctuate in the secondary market.
- UTO (Utility Token Offerings): Provide access, discounts, or benefits within the project’s ecosystem.
FEE-FREE ALTERNATIVE – PARTICIPATION VIA USDT. –
To provide a commission-free option associated with traditional payment methods, the Platform allows Users to participate in Tokenization Projects using USDT (Tether) via the Polygon (MATIC) network. As a fee-free alternative to card processing, the User may opt to participate using USDT (Tether) on the Polygon (MATIC) network.- For Participation to be valid, the transferred amount must exactly match the participation amount established by the project. Transfers that do not meet this requirement may be rejected or require additional adjustments by the User.
- The Gas Fee (transaction fee) will be automatically determined by the Polygon network and may vary depending on network congestion and the current price of the MATIC token.
- Tokenify does not control, modify, or benefit from said gas fee.
RIGHT OF WITHDRAWAL. –
The User has the right to refrain from using payment methods subject to additional fees, without this implying any restriction on their general access to the Platform or the possibility of participating in Tokenization Projects through alternative methods.- If the User does not wish to assume the additional 6% card usage fee, they must refrain from participating using this payment method.
- TOKENIFY guarantees that, before executing the transaction, the User will be clearly, visibly, and previously informed of the total amount to be paid, including any applicable fees. At that point, the User may cancel the transaction.
- Tokenify recommends using decentralized alternatives such as USDT, or waiting for the activation of other methods with lower fees. The User may freely choose the most convenient payment method among those offered by the Platform, based on geographic and operational availability.
- Acceptance of this fee at the time of payment confirmation is considered express and irrevocable consent to its application. From that moment on, the User may not request refunds, adjustments, or reversals related to discrepancies associated with the selected payment method.
CONFIRMATION AND PROCESSING. –
All payments made through the Platform, whether via credit, debit card, or electronic methods, are subject to fraud validation processes by the payment gateways, issuing entities, or involved third-party processors. This validation may include automated review of usage patterns, geolocation, identity verification, or other reasonable technical measures to ensure transaction legitimacy.If payment is not confirmed within the system-defined timeframe, the process will be automatically canceled. TOKENIFY is not responsible for delays attributable to external verification processes, nor for funds temporarily held by the issuing bank or processor.In the event of reversals or chargebacks, the User will lose the rights acquired over the issued tokens. The User acknowledges that, in the case of any bank claim resulting in fund return (chargeback), TOKENIFY will be authorized to:- Cancel delivery of tokens not yet distributed;
- Block or suspend the associated account;
- Reverse any benefits obtained by the User through Participation.
REFUNDS, REVERSALS, AND CHARGEBACKS. –
Any Participation made through the Tokenify Platform is considered final, irrevocable, and non-refundable once payment has been confirmed and the tokens have been allocated to the User, unless otherwise provided by applicable law. In the case of reversals or chargebacks, the User will lose rights over the issued tokens. This loss will be immediate and automatic, without requiring further notification, and will include:- Cancellation of tokens not yet distributed;
- Revocation of access to features associated with UTO-type tokens;
- Disassociation of economic rights for STO-type tokens.
- Uncertainty regarding the nature of the token (STO or UTO) already accepted at the time of purchase;
- Market volatility or change in value of the acquired asset;
- Unilateral desire to cancel a Participation without valid legal cause;
- External delays attributable to blockchain networks, banking entities, or third-party processors.
- The User reports the incident within the first 24 hours following payment execution;
- The final token allocation has not yet occurred;
- The error is not attributable to User technical failures, such as incorrect wallet usage, invalid addresses, or misoperation of the interface.
USER RESPONSIBILITY AND SECURITY. –
The User is solely responsible for maintaining the confidentiality, integrity, and access control of their authentication credentials (email, passwords, private keys, security PINs, or other access methods) associated with their Platform account.TOKENIFY will not be held liable for losses, damages, unauthorized access, or improper executions of Participations directly or indirectly resulting from:- Negligent or improper use of electronic devices by the User;
- Local security failures (malware, phishing, use of insecure networks, etc.);
- Voluntary or involuntary disclosure of credentials to third parties;
- Loss of access to the associated wallet.
- Activating multi-factor authentication (MFA), where available;
- Using updated devices with antivirus protection and secure connections;
- Responsible management of private keys and backups.
LIMITATION OF LIABILITY AND FORCE MAJEURE. –
TOKENIFY operates as a technology service provider enabling participation in tokenization projects through digital means. It does not constitute financial advice, nor does it guarantee profitability, liquidity, or future appreciation of the tokens acquired by the User. Under no circumstance shall TOKENIFY be held liable for direct, indirect, incidental, special, consequential, or punitive damages incurred by the User, including but not limited to:- Loss of income or economic profits;
- Decline in the market value of acquired tokens;
- Execution errors attributable to the User;
- Connection failures, service interruptions, or temporary technical unavailability;
- Loss of access to wallets or private keys by the User;
- Any damage resulting from investment decisions made without professional guidance.
- TOKENIFY shall also not be liable for actions or omissions of third parties outside of its direct control, including:
- Payment gateways, card issuers, or banking processors;
- Blockchain networks used for token issuance and transfers;
- Technology or infrastructure service providers;
- Tokenization projects issuing the offered tokens.
- Force majeure shall be deemed any unforeseeable or unavoidable circumstance that totally or partially prevents TOKENIFY from fulfilling its contractual obligations, including:
- Massive global connectivity failures or blockchain network collapses;
- Sudden regulatory changes preventing service operation;
- Disruptions due to high-impact cyberattacks, wars, terrorist acts, natural disasters, pandemics, or judicial orders directly affecting the Platform.
AMENDMENTS TO THE TERMS. –
- TOKENIFY reserves the right to modify, update, or supplement these Terms and Conditions, in whole or in part, at any time to adapt them to technological, regulatory, commercial, or functional changes to the Platform.
- All modifications shall be notified to the User through TOKENIFY’s official communication channels, including (but not limited to) email, in-platform notifications, or prominent publication on the website.
- Except in cases of urgency or immediate legal requirement, TOKENIFY shall grant a notice period of no less than five (5) calendar days for Users to review the new terms before they take effect.
- Continued use of the Platform, or the undertaking of new Participation using any payment method after the new terms come into effect, shall constitute the User’s express, voluntary, and irrevocable acceptance of said changes.
- If the User does not agree with the introduced modifications, they may opt to discontinue use of the services governed by these Terms, without entitlement to compensation or refund, unless otherwise provided by applicable law.
- The modifications shall not affect Participations already confirmed, unless required due to regulatory changes or compliance measures.
SERVICE TERMINATION. –
The User may unilaterally terminate the use of the services governed by these Terms at any time, provided that:- There are no pending Participations awaiting validation or execution;
- No tokens have been issued whose delivery is subject to ongoing processes;
- There are no outstanding contractual, financial, or legal obligations with TOKENIFY.
- Violation of any provisions of these Terms or the Platform’s General Terms of Use;
- Participation in suspicious, fraudulent, or improperly conducted transactions;
- Receipt of unjustified chargebacks, attempted reversals, or unfounded disputes;
- Failure to cooperate with identity verification or regulatory compliance processes (KYC/AML);
- Order by competent authority, judicial resolution, or change in applicable legislation requiring it.
APPLICABLE LAW AND JURISDICTION. –
These Terms and Conditions, as well as all legal relationships arising from use of the Platform and participation in Tokenization Projects, shall be governed and interpreted in accordance with the laws in force in the Republic of Ecuador, without prejudice to the application of mandatory provisions from other jurisdictions where expressly required by law.For all legal purposes regarding interpretation, execution, or resolution of any dispute related to these Terms, the parties agree to first attempt out-of-court mediation at a duly authorized mediation and arbitration center in the city of Quito. If no resolution is reached, the parties submit to the exclusive jurisdiction of the courts and tribunals of Quito, expressly waiving any other jurisdiction based on current or future domicile.In case of contradiction between language versions of these Terms, the Spanish version shall prevail unless expressly agreed otherwise in writing by both parties.If any clause of these Terms is declared invalid, illegal, or unenforceable by a competent authority, that clause shall be deemed severable from the rest of the document, which shall remain in force in all other respects.TOKENIFY and the User express their intent to resolve any conflict amicably and may voluntarily agree to use alternative dispute resolution mechanisms such as mediation or arbitration, provided this does not conflict with applicable law.FINAL PROVISIONS. –
- These Terms and Conditions represent the full agreement between TOKENIFY and the User regarding use of payment methods for participating in Tokenization Projects offered on the Platform and supersede any prior communication, negotiation, understanding, or agreement (verbal or written) relating to this subject.
- The invalidity or nullity of any provision in this document shall not affect the validity of the remaining provisions, which shall remain fully in effect. The affected clauses shall be interpreted to reflect the original intent of the parties as closely as possible.
- Neither party may assign, transfer, or subcontract the rights or obligations derived from these Terms without the prior express consent of the other, except as provided by law or as part of TOKENIFY’s corporate restructuring.
- The fact that TOKENIFY does not exercise a right under these Terms at a given time shall not be interpreted as a future or implicit waiver of said right, which may be exercised at any time in accordance with current legislation.
- The headings used in this document are for organizational purposes only and do not affect legal interpretation of the clauses.
- This document becomes effective when the User expresses acceptance as provided in Clause 3 and remains in force as long as the User continues to use the services governed herein.