Terms of Service

Tokenfolio is committed to serve you as a trusted service provider. The terms of service are written below

Applicability of Terms

Please note that you are required to click on “I Agree” to continue to browse/use the Site further. We expressly advise you to read the full terms before clicking on I Agree, which means that You agree to be bound by the terms of the Agreement.

Welcome

Welcome to www.tokenfolio.co product by Tokenfolio Limited (hereinafter the “Tokenfolio”), a company registered in UAE.

Tokenfolio Community

Tokenfolio is a digital community for Companies, Employees, and Owners of Securities, who wish to avail Tokenfolio Services which leverages modern technology tools supported by Tokenfolio proprietary technology to manage their assets including securities efficiently and effectively. The Services include the opportunity for you to enjoy the fruits of ownership like dividend and sale proceeds, if any, without troubling you about safe custody of assets and risks involved with keeping such assets yourself. Tokenfolio plans to build a community of people who understand the equity market and desire to invest in businesses including Startups where they can feel safe and interact with each other.

Who are We?

Tokenfolio is a UAE based Company committed to help Companies, Employees, Investors, and Owners in managing their ownership of Securities and related documentation as Trustee and Custodian.

Please take note that our services are not a substitute of services of attorney and tax planner. You are advised to consult your own lawyer and tax professional about legal and tax aspects of transactions you are planning to do on Tokenfolio Platform.

These Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you,” “your,” or “User”) and Tokenfolio Limited and its group/associate entities (hereinafter collectively referred to as “Tokenfolio”) concerning your access to and use of the Tokenfolio Platform i.e. our Website or any other proprietary application(s) provided by Tokenfolio (collectively, the “Platform”). Both you and Tokenfolio are a “Party” to these terms, and are collectively referred to herein as the “Parties.” You agree that by accessing the Services, you have read, understood, and agree to be bound by these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, THEN YOU ARE EXPRESSLY ADVISED TO REFRAIN FROM USING OUR SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

By using the Services, you further agree to comply with all applicable local, state, national, and international laws, rules, and regulations (“Applicable Law”) as they may change from time to time. You are advised to keep yourself updated about changes in our terms and privacy policies from time to time.

Age and Competence to Contract

You must have attained the age of 18 years and should have the competence to Contract under UAE Law. Our services are meant strictly for persons of competence in the financial matter who understand the intricacies of the Startup Ecosystem including the risks involved. Our services are not intended for financially illiterate, minors, and persons of mental disability of any kind.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

You hereby declare that you are an Accredited Investor eligible to invest in startups and companies under the laws of the country of your residence.

Intellectual Property Rights

The Platform is based on Proprietary Technology/Software of the Tokenfolio owned/licensed by Tokenfolio. Your access/use of the Platform is governed by following:

You are hereby given a personal, non-exclusive, non-transferable right to install and use the Platform through the website link shared with you including its proprietary software/technology including but not limited to Mobile/Internet/other technology based Application(s). After registration, you will be allowed to use our services in accordance with these Terms of Service read with other conditions, if any, for use of the Platform.
The permission granted to you is strictly meant for you in your individual capacity subject to restrictions enumerated herein;
Please take note that the Site, its contents, technology, and software(s) are protected by Intellectual Rights Legislations and other laws of the host country i.e. UAE. By clicking on Agree and Continued usage of the Site, you expressly agree that You shall not:
1. Copy, replicate, distribute, reverse engineer, or otherwise infringe the copyrights or other Intellectual Property Rights of the Tokenfolio or its Associates in any manner whatsoever;
2. Export or market the Tokenfolio’s IPR to any other region or country without the prior written consent of the Company.
3. Allow any person other than yourself to use or access your User ID & password to use the Site or its Services in any manner whatsoever;
4. Make more than one account;
5. Conduct or promote any illegal activities while using the Site or Services;
6. Attempt to reverse engineer or jeopardize the correct functioning of the Site or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
7. Attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;
8. Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
9. Use the Site or Services to generate unsolicited advertisements or spam;
10. Use any automatic or manual process to search or harvest information from the Site or Services, or to interfere in any way with the proper functioning of the Site and Services or:
11. Impersonate another user.
You acknowledge that all the contents, software, technology, videos, images, promotional material, and other contents are IPR of Tokenfolio and your usage of the Site does not give you any right to use the contents The software and all the services provided by us are the sole property of the Company. You are advised to use the IPR license granted herein strictly for the purpose of using services of the Site only.
You are aware that copying of Images, Videos, and copyrighted materials including software is illegal.

Appointment of Tokenfolio as Trustee and Custodian

You hereby appoint Tokenfolio as Trustee on your behalf for managing your investments and your equity/security holdings and Tokenfolio agrees to act as Trustee on your behalf and take care of your investment. You understand that Tokenfolio will hold your assets/equity in its own name on your behalf as Trustee and shall manage your investments in good faith in accordance with the provisions of these Terms.

Tokenfolio hereby undertakes and agrees to respect your mandates and pass on all accruals on your assets/securities whether as dividend or sale proceeds or otherwise. Tokenfolio will respect your mandate about handling your investments subject to the provisions of law and contractual understanding with the Company read with applicable law and Articles/Charter of the Company (for equity/Security held by Tokenfolio on your behalf).

Our Services are limited to acting as your Trustee/Custodian for your Investment and the amount paid by you is invested into the security of the Company selected by you. We will not choose investment option or take any decisions on your behalf. We categorically state that we will not be making any investment decision. Our services will be strictly limited to carrying on your instructions and investing the money received from you in security chosen by you. We understand that you have conducted your own due diligence through your lawyers/accountants and are taking an informed decision.

No Warranty

The services of the Platform are on AS IS WHERE IS basis and the information about Startups or Companies seeking Investments is also on the same basis without any warranty of its correctness. We have shared with you the information received from company on “AS IS WHERE IS” basis without any alteration/modification on our part and you are hereby advised the check the accuracy of facts with the Company before making any decision;

The Services available on the Platform are strictly for registered users and are provided on “AS IS” basis without warranty of any kind, conditions, undertakings, or representations, express or implied, statutory or otherwise.
We endeavour to provide our best services on best effort basis and we do not warrant that the services of the Site will be error/bug-free or uninterrupted. We use world-class security systems and always endeavour to do our best but we do not guarantee error or bug-free services;
Tokenfolio neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall Tokenfolio be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages. Neither shall Tokenfolio be responsible for the delay or inability to use the Website or related Functionalities, the provision of or failure to provide Functionalities, or for any information, software, products, Functionalities, and related graphics obtained through the Platform or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, Tokenfolio shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Tokenfolio's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Platform is done entirely at their own discretion and risk. They will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data or for the inaccuracy of Data/information.
TOKENFOLIO WILL NOT BE RESPONSIBLE FOR INVESTMENT RISKS AS TOKENFOLIO IS ONLY ACTING AS AN EXECUTOR OF YOUR SPECIFIC INSTRUCTION AND DOES NOT RECOMMEND ANY INVESTMENT OR IT DOES NOT MAKE ANY INVESTMENT DECISION ON YOUR BEHALF.

Registration

You need to register at the Site www.tokenfolio.co or through its Mobile/Other Applications to avail the Services. After filling in your details, you will be requested to read the Terms of Use and Privacy policy and give your consent to the Terms of Use by clicking on “I Agree”.
You will be provided with a unique User ID and Password, chosen by you subject to availability and system-driven criteria.
You understand that you can create only one account as the creation of Multiple Accounts is strictly prohibited.
You shall provide only correct information as this Terms of Use entails an Uberrimae fidei contract i.e. A contract of utmost good faith.
We reserve the right to verify your account through your registered email/Mobile Number. If your account is not verified then your access to the Site may be restricted at the sole discretion of Tokenfolio as a safety precaution.
Tokenfolio is designed as a community for Startup Enthuasists including Companies, their employees, and owners of Securities.
We retain the right of issuing, authorizing, suspending, and closing Users’ Tokenfolio accounts. All user accounts are accounts owned by Tokenfolio and self-administered by authorized Users. We retain all the rights of the account except the access to the credit/debit or net banking details.
We retain all rights relating to the use of the Site and its services.
We request you to furnish your correct particulars at all times. Use of false Id or information will make you liable for legal action as we are being your Trustee and Custodian.
You are requested to provide the correct email id and Phone Numbers for the purpose of notifications. If our notification or other emails bounce back or if our calls or other messages do not get a response in adequate time, we will have the right to suspend your account until you reactivate your account by submitting the correct contact details. In case, we are forced to close your account and keep the balance, if any, with us in trust for you until you reclaim the account by submitting ID Proof and correct particulars as acceptable to our lawyers.
You are hereby requested to refrain from sharing your log in details with third parties and You hereby expressly acknowledge and own that all the activities including transactions under your user account are done by you or under your supervision.

Fees and Payment

We accept Bank Transfer and Credit Card Payments. You are advised to make payments using the details given to you on the website shared with you.

Protection and Sharing of Account:

You are responsible for your user id and password and you are hereby formally advised to keep them safe and secure. You understand and acknowledge that you are solely responsible for any change made or any other activity on the website from your account.

You are advised to keep your User ID and/or password and/or any information related to your user ID to any other player safe and secure. You understand that we can not take responsibility, if your account is accessed and/or blocked by any other third party for playing or any other lawful or unlawful activity.

Account Suspension:

Tokenfolio being proprietors of technology and/or software as well as facilitators for community members need to ensure suitable environment for the community members. Accordingly, we reserve the right to suspend or restrict access of your user account in the following events:

Violation of Terms of Service or Privacy Policy or any other condition;
Submission of False Information
Security Concerns;
Order/Guidance of any Regulatory Authority;
Use of our Services for Money Laundering or any illegal activities;
Complaints received from other community members;

Privacy Policy

We care about data privacy and security. By using the Services you agree to be bound by our Privacy Policy posted on the Site (available on www.tokenfolio.co/privacy-policy)

Term and Termination

These Terms shall remain in full force and effect while you use the Services.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

You are strictly advised to refrain from registering /creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party, if and when your account gets suspended/terminated for any reason whatsoever. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Modifications and Waiver

We at Tokenfolio endeavour to enable our users best in class environment. We are subject to changing economic/legal environment and hence we may change our Terms of Use and other policies from time to time. You are requested to keep yourself updated with changes and modifications. We will inform you about changes/modifications through emails or system-generated alerts or SMS or notifications. You are strongly advised to check all notifications to keep yourself aware of changes/modifications from time to time.

Governing Law

The parties consent to the exclusive jurisdiction of, and venue in, any DIFC Courts (Courts established under Dubai Law No. 12 of 2004) having subject matter jurisdiction, in connection with any matter based upon or arising out of this Note or the matters contemplated herein, and agrees that process may be served upon them in any manner authorized by UAE Laws as applicable to the Emirate of Ras Al Khaimah.

Arbitration

The language of Arbitration shall be English and the rules of the Dubai International Arbitration Center (“DIAC”) shall apply for Arbitration. You hereby grant your consent for Arbitration under the rules of DIAC.

Limitation of Liability

Tokenfolio is acting as Trustee and Custodian of your assets including security under express authority given by you. Our maximum liability shall not exceed charges collected by Tokenfolio from you.

Notices and Communication

All the communication will be in written or electronic format. The Company shall not be responsible if the contact address is not provided correctly.

For any support which you require from the company, you can reach us at: support@tokenfolio.co