Terms and conditions

1. Acceptance of the terms

Access to, browsing or use of any functionality of this website implies acceptance, without reservation, of these Terms and conditions, as well as of the Privacy Policy and the Legal notice of the site.

If the user does not agree with any of the conditions established, they must refrain from using the website and the platform.

2. Definitions

«Platform»: the set of services and tools accessible through this website, managed by Toqen Kâpital, S.A.

«Tokenized bond»: a debt instrument issued by Toqen Kâpital, S.A. whose ownership and economic rights are represented by a digital token recorded on blockchain technology.

«Token»: the digital unit representing a fraction of a bond and the economic rights associated with it.

«Issuer»: Toqen Kâpital, S.A., a public limited company with Tax ID A-27577618, responsible for the issuance of the tokenized bonds.

«Investor» or «User»: the natural or legal person who accesses the platform and, where appropriate, acquires tokens representing bonds.

3. Purpose of the platform

The platform aims to provide information on tokenized real estate financing projects, to offer guidance simulation tools and, where appropriate, to allow verified investors to participate in tokenized bond issuances.

The information published on the platform is provided for informational purposes only and does not constitute a binding offer, a personalised investment recommendation, or financial, tax or legal advice.

4. Registration and user verification

Access to certain platform functionalities, including participation in bond issuances, may require prior user registration and completion of an identity verification process (KYC/AML).

The user agrees to provide truthful, complete and up-to-date information during the registration and verification process. The provision of false or inaccurate data will entitle Toqen Kâpital to deny or suspend access to the platform.

The user is responsible for maintaining the confidentiality of their access credentials and for all activities carried out with their account, and must immediately report any unauthorised use.

5. Nature of the investment in tokenized bonds

The acquisition of tokens represents a fraction of a bond issued by Toqen Kâpital, S.A., with the economic rights and obligations established in the conditions of each issuance.

Tokenized bonds are debt instruments subject to the applicable Spanish legal framework. The investor acknowledges that tokenisation modifies the technological support of the ownership register, but does not alter the legal nature of the bond.

Investment in tokenized bonds carries a risk of partial or total loss of the invested capital. Returns are not guaranteed and depend on the solvency of the issuer and the success of the financed project.

6. Rights and obligations of the investor

The investor has the right to receive, prior to the investment, the documentation of each issuance, its conditions, the financed project and the risk factors, in order to make an informed decision.

The investor undertakes to review such documentation, to comply with the required verification requirements and to make a declaration regarding their knowledge and understanding of the associated risks before formalising any investment.

The investor agrees to use the acquired tokens for a lawful purpose and to respect the transfer restrictions established in the conditions of each issuance and in the applicable regulations.

7. Secondary market and liquidity

A secondary market mechanism among verified investors is planned to be enabled, provided it is authorised by the CNMV. However, there is no guarantee of liquidity or that there will be a buying counterparty at any given time.

The investor should consider the investment with a view to holding it until the bond's maturity, without prejudice to the transfer possibilities that may be enabled in accordance with the conditions of each issuance.

8. Fees and commissions

Toqen Kâpital may establish fees or commissions for the use of certain platform services. Where applicable, such amounts will be clearly and transparently communicated to the user prior to contracting.

Any cost associated with the transfer, custody or management of the tokens will be detailed in the conditions of each issuance or in the corresponding contractual documents.

9. Limitation of liability

Toqen Kâpital does not guarantee the availability and continuity of the website's operation or the absence of errors or interruptions. It excludes any liability for damages of any nature that may arise from the unavailability of the service.

Toqen Kâpital assumes no responsibility for the investment decisions made by users based on the platform's information, nor for the losses arising from the investment in tokenized bonds. The published information does not replace independent professional advice.

10. Intellectual property

All contents of the platform (texts, images, graphics, designs, trademarks, logos, source code and other elements) are owned by Toqen Kâpital or by third parties who have authorised their use, and are protected by intellectual and industrial property legislation.

Any reproduction, distribution, public communication or transformation, in whole or in part, of the contents without the express written authorisation of Toqen Kâpital is prohibited.

11. Data protection

The processing of users' personal data is carried out in accordance with the platform's Privacy Policy, available in the corresponding link in the footer. Use of the platform implies the user's consent to the processing described in that policy.

12. Modification of the terms

Toqen Kâpital reserves the right to modify these Terms and conditions at any time. The modifications will be effective from their publication on the website. Users are advised to review this page periodically.

13. Applicable law and jurisdiction

These Terms and conditions are governed by Spanish law. For the resolution of any dispute arising from their interpretation or application, the parties submit to the courts of Dos Hermanas (Sevilla), Spain, expressly waiving any other jurisdiction that may apply to them.