Legal
Terms of Service
These terms govern your use of Asset Haus tokenization infrastructure and deal structuring services. Please read them carefully before using our platform.
Last updated: November 2024
Important Notice
These Terms contain an arbitration agreement and class action waiver that affect your legal rights. By using our Services, you agree to resolve disputes through binding arbitration and waive your right to participate in class actions. Please review Section 11 carefully.
Contents
Acceptance of Terms
Agreement to Terms
By accessing or using Asset Haus services, including our website, platform, and related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our Services.
Eligibility
You must be at least 18 years old and have the legal capacity to enter into binding agreements to use our Services. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
Updates to Terms
We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such changes constitutes acceptance of the modified Terms.
Description of Services
Platform Services
Asset Haus provides tokenization infrastructure for investment funds, including but not limited to: SPV structuring and formation, investor onboarding and KYC/AML compliance, cap table management, document management, and deal structuring tools for cross-border transactions.
Professional Services
We may provide consulting, advisory, and implementation services in connection with our platform. Such services are subject to separate agreements and statements of work.
Third-Party Services
Our Services may integrate with or facilitate access to third-party services, including legal service providers, payment processors, and blockchain networks. Your use of such third-party services is subject to their respective terms and conditions.
User Obligations
Account Registration
You must provide accurate, current, and complete information during registration and keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
Compliance with Laws
You agree to comply with all applicable laws and regulations in connection with your use of the Services, including securities laws, anti-money laundering regulations, and sanctions requirements in all relevant jurisdictions.
Accurate Information
You represent that all information you provide to us, including investor accreditation status, source of funds, and identification documents, is truthful and accurate. Providing false or misleading information is grounds for immediate termination.
Authorized Use
You may only use the Services for lawful investment and business purposes. You may not use the Services to facilitate illegal activities, money laundering, tax evasion, or any other unlawful purpose.
Prohibited Conduct
Security Violations
You may not attempt to gain unauthorized access to our systems, interfere with the proper functioning of the Services, introduce malicious code, or engage in any activity that could compromise the security or integrity of our platform.
Intellectual Property
You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of our software.
Misrepresentation
You may not impersonate any person or entity, misrepresent your affiliation with any person or entity, or create multiple accounts for deceptive purposes.
Interference
You may not interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.
Fees and Payment
Service Fees
You agree to pay all fees associated with your use of the Services as described in the applicable pricing documentation or your service agreement. Fees may include platform subscription fees, transaction fees, and professional service fees.
Payment Terms
Unless otherwise specified, fees are due upon invoice and payable within 30 days. We reserve the right to suspend or terminate Services for accounts with overdue balances.
Taxes
You are responsible for all taxes associated with your use of the Services, except for taxes based on Asset Haus's net income. We will charge applicable sales tax or VAT where required by law.
Fee Changes
We may change our fees at any time upon 30 days' notice. Continued use of the Services after a fee change constitutes acceptance of the new fees.
Intellectual Property
Our Rights
Asset Haus and its licensors retain all rights, title, and interest in and to the Services, including all related intellectual property rights. The Services are protected by copyright, trademark, and other laws of the United States and foreign countries.
Limited License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.
Your Content
You retain ownership of content you submit to the Services. By submitting content, you grant us a worldwide, non-exclusive license to use, host, store, reproduce, and display such content as necessary to provide the Services.
Feedback
If you provide feedback or suggestions about our Services, we may use such feedback without obligation to you, and you hereby assign to us all rights in such feedback.
Disclaimers
No Investment Advice
Asset Haus provides technology infrastructure and tools. We do not provide investment advice, tax advice, or legal advice. You should consult qualified professionals before making investment decisions.
As-Is Basis
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
No Guarantee
We do not guarantee that the Services will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected. We do not guarantee any specific results from use of the Services.
Third-Party Content
We are not responsible for the accuracy, completeness, or reliability of any third-party content, materials, or services accessed through our platform.
Limitation of Liability
Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ASSET HAUS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
Cap on Liability
OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO ASSET HAUS DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR $10,000, WHICHEVER IS GREATER.
Exceptions
The limitations in this section do not apply to liability arising from (a) our gross negligence or willful misconduct, (b) death or personal injury caused by our negligence, or (c) fraud or fraudulent misrepresentation.
Indemnification
Your Indemnification
You agree to indemnify, defend, and hold harmless Asset Haus and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any rights of a third party.
Termination
Termination by You
You may terminate your account at any time by contacting us. Upon termination, your right to use the Services will immediately cease.
Termination by Us
We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. We may terminate for cause immediately if you breach these Terms or engage in conduct that we determine is harmful to us, other users, or third parties.
Effect of Termination
Upon termination, all rights granted to you under these Terms will immediately cease. Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.
Data Retention
Following termination, we may retain your data as required by law or for legitimate business purposes. We will provide data export options as required by applicable data protection laws.
Governing Law and Disputes
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Dubai International Financial Centre (DIFC), without regard to its conflict of law provisions.
Dispute Resolution
Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration administered by the DIFC-LCIA Arbitration Centre in accordance with its rules. The arbitration shall take place in Dubai, UAE.
Class Action Waiver
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
Exceptions
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.
Contact Us
If you have any questions about these Terms of Service, please contact us:
Email: legal@assethaus.io
Address: Asset Haus, DIFC, Dubai, UAE