Terms and Conditions
Last update: November 19, 2025
Version: 3
Last updated: November 19, 2025.
Introduction
TOHKN is a registered trademark owned by MIO3, Sociedad Anónima de Capital Variable, which may be abbreviated as MIO3, S.A. de C.V. ("MIO3"), a company organized and existing under the laws of the Republic of El Salvador. MIO3 is registered with and authorized by the Comisión Nacional de Activos Digitales, hereinafter ("CNAD"), as a Digital Asset Service Provider ("DASP") under entry number PSAD-0016 in the definitive registry of Digital Asset Service Providers, and as a Bitcoin Service Provider ("BSP") registered with the Banco Central de Reserva ("BCR") under registration number 68bb6333e8a00a3181b98c68, and supervised by the Superintendencia del Sistema Financiero ("SSF"), in accordance with applicable Salvadoran law.
In exercise of its intellectual property rights over the TOHKN brand, MIO3 makes available to the general public the digital investment platform accessible through tohkn.com (the "Website") and the TOHKN mobile applications for iOS and Android (the "Apps," and together with the Website, the "Platform").
These General Terms and Conditions (hereinafter, the "Terms") constitute a legally binding agreement between the User (hereinafter interchangeably, "You" or "your" or "User") and TOHKN, a registered trademark of MIO3. These Terms also constitute the End User License Agreement ("EULA") applicable to use of the Apps. Exhibits A (App Stores), B (Prohibited Persons and Restricted Jurisdictions), C (Definitions), and D (Country/Rail Windows and Holds) form an integral part of these Terms.
By registering, downloading, accessing, or using the Platform, the User represents that they have read, understood, and fully accepted these Terms and Conditions. Acceptance is perfected through confirmation of the User's will, which is validly deemed given when the User: (i) clicks the button, checkbox, or link indicating acceptance ("I Accept," "I Agree," "Sign Up," or another equivalent), or (ii) continues using the Platform or accessing its services after these Terms have been made available. In either case, the User grants their express, informed, and binding consent by electronic means, in accordance with the law in force in the Republic of El Salvador, as well as applicable international principles and standards on electronic contracting.
TOHKN constitutes the sole Platform officially related to MIO3 and is designed as a comprehensive, regulated ecosystem for investing in digital assets. Use of TOHKN requires the opening and use of a digital wallet held in custody by MIO3 (the "TOHKN Wallet").
Through the Platform, the User may access services for the purchase and sale of digital assets in primary and secondary markets, exchange between cryptocurrencies and fiat money, secure custody of digital assets, and, where applicable, receipt of returns derived from investments in digital assets, all of which are provided by MIO3 in its capacity as a Digital Asset Service Provider and Bitcoin Service Provider.
By accessing, registering, browsing, or otherwise using the Platform, including its associated services, features, or digital channels, You acknowledge that you have read, understood, and fully accepted these Terms, and agree to comply with them in full. Your continued access to or use of the Platform constitutes your express, free, and informed consent and your binding acceptance of these Terms. If you do not agree with any of them, you must immediately and permanently refrain from accessing or using the Platform or any of its services.
The User acknowledges and agrees that MIO3 may require, for reasons of security, technological compatibility, regulatory compliance, fraud prevention, operational stability, or continuity of service, the use of the most recent version or a minimum supported version of the Platform, including the Apps. The User agrees to keep their devices, browsers, operating systems, and applications necessary to access and use the Platform up to date.
MIO3 may suspend, limit, or block access to the Platform or to certain functionalities when the User uses outdated, unsupported, modified, or incompatible versions, without this giving rise to liability for MIO3, except where mandatory law provides otherwise.
1. Modification and Term of the Terms and Conditions
MIO3, in its capacity as operator and administrator of the Platform and owner of the TOHKN brand, may review, update, or modify these Terms at any time. Changes may be material (those that materially affect the User's rights or obligations) or non-material (editorial, clarifying, stylistic adjustments, or security improvements). When a modification requires an App update, MIO3 may communicate this through a notice on the Platform, email, an in-App notification, or through the availability of the new version in the corresponding app store. In such cases, MIO3 may require installation of the updated version or a minimum supported version to continue accessing certain functionalities.
Material changes will take effect seven (7) calendar days after their publication on the Platform and/or notification sent to the registered email address; non-material changes will apply from the time of publication. MIO3 will maintain a version history with their effective dates. When a modification requires an App update (iOS/Android), notice will be deemed given upon the availability of the new version in the corresponding store.
Continued use of the Platform after the effective date will constitute acceptance of the modifications. For specific material changes (including, among others, governing law and jurisdiction, dispute resolution mechanisms, base fee structure), MIO3 may again require your express acceptance within the Platform. If you do not accept a material change, you must refrain from using the Platform and may close your account without penalty before the effective date, without prejudice to the fulfillment of any outstanding obligations on your part.
In the event of any discrepancy between versions or translations, the Spanish-language version with the most recent effective date shall prevail.
Policies incorporated by reference (including the Acceptable Use Policy (AUP), Privacy Policy, Cookie Policy, AML/KYC Policy, Prohibited Persons and Restricted Jurisdictions, and Fees) will be updated in accordance with this clause.
2. Use of the Platform and License (EULA)
This section governs access to and use of MIO3's Platform known as "TOHKN," which includes the website tohkn.com (the "Website") and the TOHKN mobile applications for iOS and Android (the "Apps").
2.1 Limited License to Use.
MIO3 grants the User a limited, worldwide, non-exclusive, revocable, non-transferable, and non-sublicensable license to install and use the App and/or access the Platform solely for personal, lawful purposes consistent with applicable law and these Terms.
The User may not, directly or indirectly:
i. Copy, modify, distribute, sublicense, rent, or resell the App or its code.
ii. Reverse engineer, decompile, disassemble, or attempt to obtain the source code.
iii. Use the App or the Platform for unauthorized commercial purposes, benchmarking, or to develop competing products or services.
iv. Introduce, distribute, or use viruses, malware, bots, trojans, exploits, denial-of-service (DoS) attacks, or any other mechanism that compromises the security, stability, or availability of the Platform.
v. Interfere with or attempt unauthorized access to restricted areas, MIO3's computer systems, or third parties' confidential information.
vi. Use unauthorized automated tools or methods, including web scraping, data mining, or crawling, to collect information or access the Platform.
The license will remain in effect for as long as the User holds an active TOHKN Account and may be revoked by MIO3 at any time in the event of breach of these Terms or misuse of the Platform.
2.2 User Obligations.
To use the Platform, the User represents and warrants that:
i. They are at least eighteen (18) years old or of legal age in their jurisdiction.
ii. They have full legal capacity and are fully empowered and authorized under applicable law to enter into these Terms and Conditions and use the Platform's services.
iii. They will provide truthful, complete, and up-to-date information upon registration and at all times thereafter.
iv. They will be responsible for the security of their devices, credentials, and authentication methods associated with their TOHKN Account.
v. They will use the Platform solely for personal and lawful purposes, within the scope of permitted digital asset investments.
vi. They will comply with applicable laws on the prevention of money laundering, terrorist financing, financial fraud, international sanctions, and data protection.
vii. They will keep their operating systems, browsers, and applications up to date, adopting reasonable technological and cybersecurity measures.
2.3 Acceptable Use Policy (AUP).
It is strictly prohibited to:
i. Use the Platform to carry out unlawful or fraudulent activities, including those related to money laundering, terrorist financing, or tax evasion.
ii. Engage in and/or participate in market manipulation, wash trading, spoofing, layering, front running, or other practices that distort prices or liquidity.
iii. Transfer or attempt to transfer funds or digital assets of unlawful or unverifiable origin.
iv. Circumvent geographic controls, international sanctions, or KYC/AML checks.
v. Assign, transfer, or share your account or credentials with third parties.
vi. Introduce malicious code or software, or take actions that affect the performance or integrity of the systems.
vii. Access restricted areas or third-party data without authorization.
viii. Engage in acts or omissions that harm the reputation, image, or legitimate interests of MIO3 or the TOHKN brand.
2.4 Operational Exclusivity of the TOHKN Wallet.
Creating an account on the Platform entails the automatic activation of a digital wallet held in custody by MIO3 (TOHKN Wallet), which is the only native digital wallet authorized to operate within the Platform.
It is expressly prohibited to link external digital wallets to the Platform or to operate external keys from the TOHKN interface. Notwithstanding the foregoing, the User may send or receive digital assets to/from external wallets solely through the external transfer functions enabled by MIO3 and subject to security and compliance controls (see Section 12.1).
2.5 Consequences of Non-Compliance.
Breach of these obligations may result in the immediate suspension or permanent closure of the TOHKN Account, without prejudice to any legal, civil, administrative, or criminal actions that may apply.
MIO3 may withhold or freeze digital assets while possible violations of these Terms are investigated, or when there are reasonable indications of unlawful or fraudulent activity.
2.6 Licensing Requirements and Access Limitations.
MIO3, S.A. de C.V., in its capacity as a duly registered Digital Asset Service Provider (DASP) and Bitcoin Service Provider (BSP) (Section 1), advises that certain Services on the Platform may be subject to licensing requirements, regulatory authorizations, or jurisdictional restrictions imposed by laws or provisions in force in certain countries.
If the law, regulation, or competent authority of the User's jurisdiction prohibits, restricts, or requires additional licenses for the provision of a Service that MIO3 does not hold or is not required to obtain, MIO3 may suspend, limit, or block the User's access to that Service, without incurring liability. These measures may include:
a) temporary suspension of the affected functionalities;
b) restriction of access to specific operations, products, or features; or
c) termination of the Service whose provision is incompatible with the regulatory requirements of the User's jurisdiction.
MIO3 will notify the User, to the extent permitted by applicable regulations, of any material change arising from local regulatory restrictions. The application of these measures will not affect previously incurred obligations, except to the extent strictly necessary to comply with applicable law or instructions from competent authorities.
2.7 Additional Terms for App Stores (Apple and Google).
Downloading and using the Apps is subject, in addition to this EULA, to the terms of the applicable store (Apple App Store or Google Play). In the event of conflict, this EULA will prevail, except for mandatory provisions of the store. See Exhibit A.
3. Registration and Opening of a TOHKN Account
To access and use the TOHKN Platform, the User must create a personal, individual, and non-transferable account, intended solely for their own use or, in the case of corporate accounts, for the authorized use of the corresponding legal entity (the "TOHKN Account"), providing truthful, complete, accurate, and up-to-date information at all times.
Registration entails acceptance of these Terms, as well as the supplementary policies incorporated by reference (Acceptable Use Policy (AUP), Privacy Policy, AML/KYC Policy, Cookie Policy, Prohibited Persons and Restricted Jurisdictions).
The User represents and warrants that:
i. They are at least eighteen (18) years old or of legal age in their jurisdiction.
ii. They have full legal capacity to contract and assume obligations.
iii. They are not included on any international sanctions lists and are not a resident of restricted jurisdictions under MIO3's policies or those of international bodies (OFAC, UN, EU, FATF, or others).
iv. They will fully cooperate with the identity verification (KYC) and anti-money laundering (AML/CFT) processes implemented by MIO3.
3.1 Account Approval.
MIO3 reserves the right, at any time and in its sole discretion, to:
i. Approve, reject, or cancel account opening requests, in accordance with its internal policies, the Digital Asset Issuance Law, and other relevant laws.
ii. Require additional information or documentation in accordance with its internal due diligence policies to comply with regulatory obligations arising from KYC (Know Your Customer), AML (Anti-Money Laundering), and CTF (Counter-Terrorist Financing), and other applicable compliance obligations.
iii. Preventively suspend an account when there are signs of irregularities, suspected non-compliance, or unlawful activity, notifying the User when appropriate.
iv. Cancel accounts in the event of breach of these Terms and Conditions or unlawful activity, in order to verify the User's identity, the legitimacy of their transactions, and the lawful origin of funds.
3.2 Corporate Accounts.
Users may register a corporate account in the name of a legal entity, provided they can demonstrate its legal existence and the valid representation of whoever acts on its behalf.
MIO3 may request documentation identifying the ultimate beneficial owner (UBO), organizational structure, credentials of administrators, and valid powers of attorney. Corporate accounts will be subject to review and may be rejected at MIO3's discretion, except where otherwise required by law.
3.3 Authorized Users.
The holder of a corporate account may designate one or more Authorized Users to act on its behalf within the Platform, including access, management, and execution of transactions.
The account holder will be fully liable for all acts, transactions, or omissions of its Authorized Users, including those carried out improperly, negligently, fraudulently, or in bad faith.
All Authorized Users must undergo the same KYC/AML verification procedures applicable to the account holder.
MIO3 may, at its sole discretion or at the request of the Account holder, revoke, suspend, or limit the authorizations granted at any time, without this giving rise to any obligation of prior notice or any liability, when it deems it necessary for reasons of security, fraud prevention, regulatory compliance, or any other circumstance that reasonably justifies it.
The exercise or non-exercise of this power will not, under any circumstances, give rise to liability on the part of MIO3 for damages that may arise for the Account holder or for third parties.
3.4 Accuracy of Information.
The submission of false, inaccurate, incomplete, or outdated information may result in the immediate suspension or permanent cancellation of the TOHKN Account, without prejudice to any applicable legal action.
MIO3 reserves the right to request, at any time, the updating or verification of data, information, or additional documentation, as well as documentation supporting the lawful origin of funds, in order to verify the User's identity and the legitimacy of their transactions.
Failure to comply or cooperate during these processes authorizes MIO3 to restrict transactions or temporarily freeze digital assets in the Account, in compliance with applicable regulations.
3.5 Ongoing Verification and Travel Rule.
For originator and beneficiary information requirements applicable to certain transfers, see Section 10.5 (Travel Rule).
4. Products and Services
MIO3 offers its Users, directly and/or through authorized third parties (including, as applicable, liquidity providers, custodians, payment processors, and price sources), the following products and services. The availability of each service may vary by jurisdiction, User eligibility, KYC/AML/CFT results, risk limits, market conditions, and operational availability.
4.1 Purchase and Sale of Digital Assets.
The ability to acquire and/or sell Digital Assets (including cryptocurrencies, Bitcoin (BTC), and tokens backed by real-world assets, known by the acronym RWA, collectively referred to as "Digital Assets") using fiat money, Bitcoin, and stable-value cryptocurrencies (stablecoins), hereinafter "Stablecoins," such as those pegged to the United States dollar (USD), as the means of payment, when enabled. Execution takes place under market mechanisms, subject to available liquidity, operational limits, compliance validations, and available price sources. The User acknowledges that conversion margins (spread), price slippage, and price variations between instruction and execution may exist.
4.2 Exchange Service.
Exchange of Digital Assets within the Platform between fiat money and cryptocurrencies, and between eligible cryptocurrency pairs, subject to liquidity, exposure limits, validations, and price sources. Transactions are final and irrevocable upon technical confirmation, except in cases of operational correction permitted by applicable regulations.
4.3 Digital Asset Placement (Primary Market and Secondary Market).
Acquisition of Digital Assets in accordance with these Terms and the applicable issuance documentation (which will include, as applicable, offering terms, restrictions, risks, and schedule). In the event of conflict, the issuance documentation for the specific Digital Asset shall prevail.
4.4 Digital Asset Transfers.
Secure and verified management of Digital Asset transfers between Platform Users, with traceability and validations designed to ensure the legitimacy of transactions and the lawful origin of funds. MIO3 may restrict, review, or reject transfers in the presence of risk signals or non-compliance.
4.5 Custody.
Custody of Digital Assets in TOHKN Wallets by MIO3, in its capacity as a Digital Asset Service Provider and Bitcoin Service Provider. The assets remain, at all times, the property of the User, do not form part of MIO3's estate, and are not subject to claims by its creditors.
MIO3 does not dispose of the User's assets except:
i. upon valid instruction from the User;
ii. under a mandate from a competent authority; or
iii. in the execution of reasonable security or compliance measures provided for in these Terms.
4.6 Trading Orders.
Execution of purchase, sale, conversion, deposit, withdrawal, or transfer orders for Digital Assets under transparent and auditable mechanisms. Orders may be limited by type (market orders or limit orders), cut-off times, amount or frequency limits, and security or compliance reviews. The User may check the traceability and status of their transactions on the Platform.
For purposes of these Terms and Conditions, the term "deposit" shall be understood as the transfer of a digital asset to a TOHKN Wallet, associated with the corresponding holder's TOHKN Account.
The holder of the TOHKN Account will at all times retain ownership, title, and economic rights over the digital assets deposited in their TOHKN Wallet. Such deposit does not, under any circumstances, imply a transfer of title to the digital assets to MIO3, nor does it constitute an irregular deposit, loan, bailment, mandate, or transfer of ownership in favor of MIO3.
MIO3 acts solely as a technology infrastructure provider and/or custodian for the handling, recording, and execution of transactions within the Platform, in accordance with the Account holder's instructions and the operating rules set forth in these Terms.
4.7 Application of Returns.
Returns generated by Digital Assets acquired through the Platform will be credited to the User's TOHKN Account solely in accordance with the conditions, terms, and schedule set forth in the issuance documentation for the corresponding Digital Asset or tokenized instrument. Neither TOHKN nor MIO3 guarantees the amount, existence, or frequency of such returns, which depend on the performance, behavior, and economic conditions of the underlying asset, as well as the operating rules applicable in each case.
Accordingly, returns and their payment dates may vary or fail to materialize, depending on the decisions, results, or compliance of the underlying issuer of the Digital Asset.
4.8 Records and Statements.
Access to a detailed, up-to-date record of acquisitions, transactions, and returns. Such record constitutes operational evidence on the Platform and may be used as a supporting document for inquiries and audits.
4.9 Limitations and Disclosures.
The User agrees to the following:
i. The availability of assets, exchange pairs, funding/withdrawal channels, and functionalities may vary without prior notice due to market conditions, risk, maintenance, or compliance decisions.
ii. Transactions may experience delays due to network congestion, compliance validations, or third-party disruptions.
iii. Applicable fees are published at tohkn.com/legal/fees and may affect the effective execution price.
iv. When a transaction requires an App version update, its execution may be restricted until the minimum required version is installed.
MIO3 may modify, expand, suspend, or discontinue any of its products or services at any time, notifying Users through the Platform and/or the registered email address.
4.10 Price Sources, Indicative Quotes, and Execution.
Prices and exchange rates come from external providers, aggregators, and market sources; they may include conversion margins (spread) and be subject to price slippage.
MIO3 does not guarantee the best price available on the market for each transaction, nor does it act as the User's broker, dealer, adviser, or market maker. Unless expressly stated otherwise in the Platform interface, all quotes are merely indicative, and the final applicable price will be the price in effect at the time the transaction is actually executed.
Purchases of Digital Assets through reversible fiat rails may be subject to a temporary withdrawal restriction ("no withdrawal") until confirmation and closing of the reversal windows for the corresponding payment method.
Neither MIO3 nor TOHKN provides investment advice, nor do they act, except by express statement and specific license, as the User's broker, dealer, investment adviser, or market maker.
4.11 Listing, Delisting, and Scheduled Withdrawal (Sunset) of Digital Assets.
MIO3 may list, delist, suspend, or modify the availability of certain Digital Assets, whether in whole or in part, for reasons of regulatory compliance, technological security, market liquidity, operational risk, or changes in the applicable legal framework.
Where reasonably possible, MIO3 will notify Users in advance of the delisting process and will provide a time window for the withdrawal, sale, or conversion of the affected assets.
In situations of critical risk, technological vulnerability, or instruction from a competent authority, MIO3 may carry out the delisting or suspension immediately and without prior notice, adopting the necessary measures, including technical conversion, migration, or operational shutdown, to protect Users and preserve the integrity of the system.
Where technically or regulatorily necessary, MIO3 may carry out a technical conversion or migration of the affected asset. In such cases, and whenever feasible, the User will be offered a substitute asset of equivalent characteristics, or the corresponding value will be credited in accordance with the conditions in effect at the time of the measure.
MIO3 will keep an electronic record of the actions taken and the criteria applied in each case.
4.12 Unsupported Assets and Protocol Functions.
Except as expressly stated on the Platform, the TOHKN Wallet linked to the TOHKN Account does not support certain features or protocol functions associated with certain Digital Assets, including, by way of example and not limitation: airdrops, rebases, inscriptions, additional tags or memos, "native" protocol staking, token wrapping/unwrapping, or interactions with specific smart contracts.
Any attempt to use such functions to or from the TOHKN Wallet linked to the TOHKN Account is carried out at the User's sole responsibility and risk, and may result in the partial or total loss of the asset, transaction delays, or failure to credit the asset.
MIO3 may reject, withhold, or reverse (when technically possible) transactions or incoming transfers of unsupported Digital Assets, without assuming any obligation to credit, restore, or compensate the assets or rights arising from such functions.
4.13 Fiat Payment Methods and Cards; Provisional Credit, Availability, and Reversal
4.13.1 Definitions.
(a) Fiat Rail(s): any payment rail in local or international currency (e.g., local or interbank bank transfers, ACH, instant rails, Transfer 365, PSE, SPEI, PIX, SINPE, ACH Panama, cash payment orders, or equivalent rails) enabled by MIO3 directly or through duly authorized third parties.
(b) Cards: debit/credit card payments processed by local or international acquirers or gateways.
(c) Provisional Credit: a conditional credit, subject to reversal windows, refunds, or chargebacks under the rules of the Fiat Rail/Card, and to MIO3's risk/AML controls.
(d) Final Credit: a firm and irreversible credit once the applicable windows have elapsed and risk/AML controls have been passed.
(e) On-Ramp: the service through which the User uses fiat money, cards, bank transfers, or other enabled payment rails to acquire Digital Assets, stablecoins, or usable balances within the TOHKN Platform, subject to availability, KYC/AML/CFT validations, operational limits, applicable fees, and the rules of the corresponding payment provider.
(f) Off-Ramp: the service through which the User requests the conversion, sale, withdrawal, or redemption of Digital Assets or balances available on the TOHKN Platform into fiat money, by transfer to a bank account, approved financial instrument, or other fiat rail enabled by MIO3, subject to availability, KYC/AML/CFT validations, operational limits, applicable fees, and the rules of the corresponding provider.
On-ramp and off-ramp services may not be available in certain jurisdictions, fiat currencies, financial institutions, payment methods, or digital assets, and MIO3 may modify such availability at any time for regulatory, commercial, operational, liquidity, or risk-management reasons.
4.13.2 Nature of the Credit and Restricted Use.
Any amount received via Fiat Rails or Cards will initially be credited as Provisional Credit. While it retains that status, MIO3 may limit, withhold, or defer, in whole or in part, (i) withdrawals to bank accounts, (ii) on-chain withdrawals or withdrawals to external wallets, (iii) internal transfers, and (iv) secondary market orders.
4.13.3 Windows and Release.
The transition from Provisional Credit to Final Credit will occur once (i) the reversal/chargeback windows for the rail used have closed and (ii) MIO3's risk/AML controls have been passed. MIO3 may stagger the availability of funds in the following order: internal use → crypto/fiat conversion → on-chain withdrawal → bank account withdrawal.
4.13.4 Card Payments.
Card purchases: (i) may be used solely to acquire assets within the Platform; (ii) are not eligible for cash-out (fiat or on-chain withdrawal) during the chargeback window, except for a refund to the same instrument; and (iii) are subject to chargebacks, representments, and recoveries. In the event of a chargeback, MIO3 may debit balances, set off, or reverse assets acquired with such funds.
4.13.5 Providers and Third-Party Rules.
MIO3 may use banks, clearinghouses, acquirers, and/or payment gateways. The availability of funds, cut-off times, refunds, and recoveries are governed by their own rules, together with the provisions of these Terms.
On-ramp and off-ramp transactions depend on banks, card networks, clearinghouses, payment gateways, liquidity providers, blockchain networks, and other third parties. MIO3 does not guarantee that such third parties will accept, process, or complete a transaction within a given timeframe. MIO3 will not be liable for any rejection, return, delay, block, chargeback, recovery, or unavailability attributable to such third parties.
4.13.6 Display of Availability.
Credits made through Fiat Rails may be shown as "available" for informational purposes and conditional operation; this does not imply actual availability for withdrawal or external transfer until the credit attains the status of Final Credit.
4.13.7 Incorrect or Incomplete Instructions
In on-ramp and off-ramp transactions, the User is responsible for providing correct, complete, and verifiable information, including banking details, destination account, ownership, payment reference, blockchain network, wallet address, memo, tag, or any other required data.
MIO3 will not be liable for delays, rejections, returns, losses, costs, or the impossibility of recovery arising from incorrect, incomplete, incompatible, or unverifiable instructions provided by the User.
4.13.8 Preventive Holds.
MIO3 may apply holds or risk reserves on credits and/or on Digital Assets acquired with Provisional Credit, for the period reasonably necessary to mitigate risks of fraud, chargeback, or non-compliance, and to complete AML/EDD verifications.
4.13.9 Off-Chain Reversal.
If a fiat credit is returned or charged back, MIO3 may reverse the credit, debit the User's balances, set off, generate a payable negative balance, and withhold assets until the matter is resolved (see Section 18).
4.13.10 External On-Ramp and Off-Ramp Providers
On-ramp and off-ramp transactions may be processed directly by MIO3 or through banks, payment processors, liquidity providers, technology providers, payment gateways, or other authorized third parties. The User acknowledges that such third parties may be subject to their own terms, conditions, policies, schedules, limits, validations, and internal procedures.
MIO3 may replace, modify, suspend, or discontinue any available provider, rail, or payment method, without this giving rise to liability, when necessary for operational, regulatory, security, compliance, bank availability, liquidity, or risk-management reasons.
4.14 Crypto Rails and Payments with Digital Assets; Auto-Conversion and Settlement Currency
4.14.1 Definitions.
(a) Crypto Rail(s): channels or mechanisms for deposits and internal transfers of Digital Assets (including stablecoins) to and between accounts within the TOHKN Wallet.
(b) Technical Confirmation: the point at which the blockchain network reaches the confirmation threshold that MIO3 deems sufficient to credit a crypto deposit.
4.14.2 Crypto Payments.
The User may pay for transactions using Digital Assets previously deposited in their TOHKN Wallet (e.g., stablecoins, BTC, or other supported assets), or convert Digital Assets or other eligible cryptocurrencies into fiat money through the Off-ramp services enabled by MIO3. When the transaction is denominated in USD or another currency, the Platform may automatically convert the payment asset into the required nominal equivalent, in accordance with the Exchange rules and the fees then in effect (Section 20).
4.14.3 Valuation and Execution.
Auto-conversion is executed at the exchange rate available at the time of execution, which may include a spread and be subject to slippage. On-screen quotes are indicative; the final price is the execution price (see 4.10 and 7).
4.14.4 Settlement Currency/Asset.
Unless the interface indicates otherwise, MIO3 may settle the transaction in (i) USD or (ii) the asset/currency selected by the User if the pair is available. When the payment asset is not the settlement currency, the Platform will carry out the corresponding auto-conversion.
4.14.5 Confirmations, Compliance, and Holds.
Deposits via Crypto Rails are considered final upon Technical Confirmation and compliance validations. MIO3 may temporarily withhold assets if there are risk signals (e.g., dubious origin, AML/sanctions alerts), even where the deposit is confirmed on the blockchain (see Sections 11, 12.3, 13.3, and 22). MIO3 will not be liable for deposits sent to incorrect addresses, unsupported networks, or without the required data (e.g., memos or tags).
4.14.6 Unsupported Functions.
The limitations in Section 4.12 apply (airdrops, memos, rebases, etc.). Attempts to use unsupported functions are carried out at the User's sole responsibility.
4.15 Beta Features and Early Access.
MIO3 may offer, at its discretion, features or services in beta, pilot, or early-access versions. These features are provided "as is," may contain errors, and may be modified, suspended, or discontinued without prior notice. Use of beta features may be subject to additional terms displayed within the Platform's interfaces.
4.16 Market Data
For purposes of these Terms, "Market Data" means any price, quote, reference value, exchange rate, chart, index, volume, yield, historical information, financial data, market data, or other information related to Digital Assets, Stablecoins, cryptocurrencies, tokenized securities, tokenized real-world assets, tokenized financial instruments, or other assets displayed on the Platform.
Market Data may come from stock exchanges, crypto exchanges, brokers, custodians, liquidity providers, data providers, issuers, aggregators, oracles, public or private sources, or third parties authorized by MIO3. MIO3 may modify, replace, suspend, or discontinue any Market Data source or provider at any time.
Market Data is displayed for informational and reference purposes only. It does not constitute financial, legal, tax, accounting, or investment advice, nor a recommendation, offer, solicitation, invitation, or guarantee to buy, sell, hold, exchange, or otherwise transact in Digital Assets.
The User acknowledges that Market Data may be displayed in real time, with a delay, on an estimated, aggregated, or periodic basis, depending on the asset, provider, license, market, available source, technological conditions, or applicable business rules. MIO3 does not guarantee that such data is accurate, complete, up to date, continuous, error-free, or fit for a specific purpose.
The display of a price, quote, exchange rate, reference value, or chart on the Platform does not constitute a binding quote, price guarantee, execution commitment, or representation that an order will be executed at the displayed price. The final price of a transaction will be the price applicable at the time of its actual execution, in accordance with the Platform's rules, market conditions, available liquidity, fees, spreads, price slippage, and applicable validations.
MIO3 will not be liable for losses, damages, costs, lost profits, lost opportunity, investment decisions, transaction errors, or any consequence arising from the use, interpretation, unavailability, delay, interruption, error, inaccuracy, or omission of Market Data.
The User may use Market Data solely for personal, internal, non-commercial purposes within the Platform. Except with the prior written authorization of MIO3 or the corresponding provider, it is prohibited to copy, store, bulk-download, reproduce, redistribute, publish, sublicense, sell, commercially exploit, scrape, crawl, automatically extract, or otherwise make unauthorized use of Market Data.
Certain Market Data may be subject to the terms, conditions, restrictions, licenses, or policies of third-party providers. The User agrees to comply with such restrictions where applicable and acknowledges that access to certain data may be limited, suspended, or conditioned by contractual, regulatory, technical, or business requirements.
In the event of a discrepancy between the Market Data displayed on the Platform and the specific documentation for an issuance, digital asset, token, tokenized instrument, or product, the corresponding specific documentation shall prevail for purposes of determining the applicable rights, obligations, flows, reference values, calculation rules, events, and conditions.
5. Custodied Digital Wallets
Digital wallets created exclusively within the TOHKN Platform constitute the only wallets authorized and recognized for the relationship with, and operation within, the Platform.
These wallets (the "TOHKN Wallets") are custodied digital wallets, meaning that the Digital Assets deposited in each TOHKN Wallet remain in MIO3's custody, held in segregated and secure custody structures.
In that capacity, MIO3 holds the TOHKN Wallets in custody in accordance with institutional-grade security protocols, operational continuity, and regulatory compliance, including applicable obligations regarding Anti-Money Laundering (AML), Countering the Financing of Terrorism (CFT), and other applicable legal and regulatory provisions.
MIO3 may refrain from executing, delay, reject, suspend, or reverse any transaction where reasonably necessary to comply with legal or regulatory obligations, orders from a competent authority, anti-money laundering, counter-terrorist financing, or counter-proliferation-financing requirements, economic sanctions, or any other applicable compliance obligation, without this giving rise to liability for MIO3.
Each Account registered on the Platform (TOHKN Account) automatically generates an individual TOHKN Wallet held in custody by MIO3, S.A. de C.V., in its capacity as a Digital Asset Service Provider (DASP) and Bitcoin Service Provider (BSP), in accordance with the Digital Asset Issuance Law, the Bitcoin Law of the Republic of El Salvador, and their implementing regulations issued by the Comisión Nacional de Activos Digitales (CNAD), the Banco Central de Reserva of the Republic of El Salvador (BCR), and the Superintendencia del Sistema Financiero (SSF).
The User acknowledges and agrees that they may not link or operate external digital wallets with the Platform, nor transfer Digital Assets by any means other than those expressly enabled by MIO3.
All custody, transfer, placement, deposit, or withdrawal must be carried out exclusively through the TOHKN Platform and TOHKN Wallets, in accordance with the procedures and operational controls established by MIO3.
5.1 Ownership and Segregation of Assets.
Digital Assets held in TOHKN Wallets are and will remain the exclusive property of the User. MIO3 acts solely as custodian thereof, without acquiring any right of free disposal over the Digital Assets held in the TOHKN Wallets.
It is presumed, unless proven otherwise, that the holder of the Digital Assets associated with a TOHKN Account is the owner thereof. This presumption applies for all legal and operational purposes within the Platform, without prejudice to the identity-verification, succession, or claims procedures established by MIO3 or under applicable law.
Digital Assets held in TOHKN Wallets are segregated from MIO3's estate and may not be used, encumbered, or disposed of for MIO3's own purposes or those of third parties. Such Digital Assets will not be subject to claims by MIO3's creditors, nor will they form part of any insolvency or liquidation proceedings involving MIO3.
MIO3 will maintain individualized, auditable records for each User, supported by cryptographic verification mechanisms and accounting reconciliation controls.
Rights of the holder. The User, as holder of the TOHKN Account, retains all rights over the deposited Digital Assets, including the right to withdraw, transfer, sell, or manage them, subject to:
i. The Platform's technical and operational conditions.
ii. The laws and regulations in force in the Republic of El Salvador.
iii. MIO3's internal compliance, security, and risk-management controls.
These rights may be temporarily limited by regulatory processes, audits, or preventive AML/CFT measures, which will be notified to the User whenever possible.
5.2 Security, Access, and Transaction Controls.
Access to and use of the TOHKN Account is managed through multi-factor authentication mechanisms, data encryption, enhanced security protocols, and continuous monitoring, designed to protect the confidentiality, integrity, and availability of information.
MIO3 applies automated and manual validation and control processes to all transactions carried out through the Platform, in order to preserve the security of funds, operational integrity, and regulatory compliance, including the prevention of fraud, money laundering, and terrorist financing (AML/CFT).
MIO3 may restrict, suspend, or reject, temporarily or permanently, any transaction or access when, in its reasonable discretion, there are operational risks, technological incidents, cybersecurity threats, suspected unlawful activity, fraud, or legal or regulatory non-compliance.
The User is responsible for maintaining the confidentiality of their access credentials and the security of their devices, as well as for immediately notifying MIO3 of any loss, theft, unauthorized access, or misuse through official support channels.
5.3 Limited Powers of Disposal.
MIO3 may not dispose of, transfer, or use Users' Digital Assets under any circumstances, except in the following cases:
I. Upon the User's express instruction, through orders issued from their TOHKN Account.
II. In compliance with a judicial or administrative order issued by a competent authority.
III. In exceptional situations provided for in these Terms or under applicable regulations.
IV. To adopt good-faith, reasonably necessary measures intended to protect the security of custodied assets, including temporary access limitations, operational adjustments, or proportional risk-mitigation actions.
In all cases where restriction or disposal measures are adopted for security or compliance reasons, MIO3 will notify the User, unless a competent authority orders otherwise or such notification would compromise the effectiveness of the measure.
Under no circumstances will MIO3 carry out unauthorized transfers or dispose of Digital Assets for purposes other than those expressly set forth in these Terms.
5.4 Audit and Compliance Controls.
MIO3 maintains periodic compliance controls and external security and custody audits, in accordance with international standards. Custody, transaction, and reconciliation records will be available for review by competent authorities.
MIO3 may use sub-custodians or specialized providers (custody infrastructure, HSM, key management), under equivalent confidentiality and security obligations. The use of third parties does not alter the User's ownership or the segregation of assets.
5.5 Audits, Attestations, and Proof of Reserves.
MIO3 conducts periodic compliance and security reviews and may, at its discretion, publish reports, custody attestations, and/or the results of proof-of-reserves tests conducted by independent third parties.
Except where required by law or ordered by an authority, MIO3 does not commit to a fixed publication schedule, nor does it guarantee the technical scope of such reviews. All such disclosures are made for purposes of operational transparency and do not constitute a guarantee regarding the future behavior of networks, issuers, or third parties.
5.6 Limitation of Liability.
MIO3 assigns a TOHKN Wallet to the holder of the TOHKN Account and administers the TOHKN Platform in accordance with applicable licenses, regulations, and best practices, employing reasonable technical, organizational, and operational means for the custody and security of the TOHKN Wallets.
Notwithstanding the foregoing, MIO3 does not guarantee the continuous and uninterrupted availability of the TOHKN Platform, nor the absence of failures, vulnerabilities, programming errors, cyberattacks, or regulatory or technological changes that may affect its operation.
The User understands and agrees that use of the TOHKN Platform and of Digital Assets involves inherent risks associated with the decentralized nature of blockchain networks, market conditions, and reliance on external technology infrastructure, and that access to and use of the Platform is carried out at the User's sole responsibility and risk.
Under no circumstances will MIO3 be liable, to the User or to third parties, for direct, indirect, incidental, special, punitive, or consequential losses or damages, or for lost profits, loss of data, loss of opportunity, or business interruption, arising from or related to the use, inability to use, or malfunction of the TOHKN Platform, even where MIO3 has been advised of the possibility of such damages.
Likewise, MIO3 will not be liable for blocks, limitations, or restrictions imposed by competent authorities, nor for events of force majeure or fortuitous events, blockchain network failures, interruptions in third-party provider services, or acts, omissions, or misconfigurations by the User.
The User acknowledges and agrees that the TOHKN Platform operates under a regime of regulated custody, traceability, and technological security, and that its use is subject to these Terms and Conditions, MIO3's supplementary policies, and the terms and policies of the corresponding app stores and technology providers.
5.7 No Insurance on Returns.
Digital Assets held in custody or transacted through the TOHKN Platform do not constitute bank deposits or traditional financial instruments, and do not generate guaranteed returns.
Such assets are not covered by any deposit insurance scheme, nor by any fiduciary, governmental, or third-party guarantees in El Salvador, nor by equivalent mechanisms in other jurisdictions.
The User acknowledges and agrees that holding, custodying, or using Digital Assets carries the risk of partial or total loss of value, as well as illiquidity or market volatility, and that MIO3 does not offer, directly or indirectly, any guarantee of repayment, return, appreciation, or convertibility with respect to such assets.
The custody and use of Digital Assets within the Platform is carried out at the User's sole responsibility and risk, in accordance with these Terms and Conditions and applicable regulations.
5.8 Nature of Stablecoins.
Stablecoins accepted on the TOHKN Platform do not constitute fiat money, bank deposits, or legal tender payment instruments.
Ownership of stablecoins is subject to the risks inherent to the issuer, the backing mechanism, the technology infrastructure, and the corresponding market.
MIO3 does not issue, back, guarantee, or insure the convertibility, value stability, or parity with any fiat currency, and assumes no obligation to redeem or repurchase stablecoins.
The User acknowledges that the value, availability, and use of stablecoins depend on third-party issuers and market conditions, and that such circumstances may affect the liquidity or convertibility of stablecoins deposited or transacted on the Platform.
6. Exchange Service and Digital Asset Conversion
MIO3's Exchange Service allows Users to carry out conversion transactions between the following pairs:
- Cryptocurrencies and fiat money (such as USD), and vice versa.
- Eligible cryptocurrencies among themselves, including direct pairs (for example, BTC ↔ USDT) and indirect pairs through an intermediate asset (for example: BTC ↔ USDT ↔ SOL).
6.1 Nature of the Service.
The Exchange constitutes an integrated feature within the Platform, intended to facilitate the purchase, sale, and conversion of Digital Assets for Users with TOHKN Accounts.
The Exchange operates as an internal conversion service, through which MIO3 may execute orders directly or through liquidity providers or authorized third-party platforms, maintaining a record of the transaction results and, where applicable, custody of the resulting Digital Assets in the User's TOHKN Account.
MIO3 acts as a Digital Asset Service Provider and Bitcoin Service Provider authorized to execute conversions according to market availability and conditions.
6.2 Order Execution.
All exchange transactions are carried out under market mechanisms, subject to asset availability, existing liquidity, and the operational limits defined by MIO3.
Applicable prices will be determined from price sources, liquidity providers, reference sources, or external aggregators designated by MIO3.
Once confirmed by the User, the order is subject to the irrevocability rules set forth in Section 12.2 and will be executed at the exchange rate in effect at the time of execution.
The results of the transaction will be reflected in real time or on a delayed basis, depending on network congestion, compliance validations, or service availability.
6.3 Transparency and Traceability.
Each exchange transaction will be recorded on the Platform, including:
- Source and destination asset.
- Amount applied and received.
- Exchange rate and reference price.
- Applicable fees and charges.
- Time, date, and transaction code.
The User may access an auditable, exportable history of all their conversions, as well as electronic receipts for the transactions carried out.
MIO3 will retain complete traceability of transactions for purposes of regulatory compliance and external audits.
6.4 Limitations.
MIO3 may, at any time and in its reasonable discretion:
i. Restrict available exchange pairs.
ii. Establish amount, frequency, or volume limits for reasons of security, liquidity, or compliance.
iii. Reject or suspend transactions it considers risky, irregular, or contrary to applicable law.
iv. Adjust or temporarily pause the service due to maintenance, technological contingencies, or regulatory decisions.
6.5 Risks and Disclaimer of Liability.
The User acknowledges and agrees that:
i. Exchange transactions are subject to price volatility, liquidity variations, and market fluctuations beyond MIO3's control.
ii. Neither MIO3 nor the TOHKN Platform guarantees prices, continuous availability, or instant execution.
iii. MIO3 will not be liable for economic losses arising from price variations, network delays, User errors, or external factors.
iv. Exchange rates published on the Platform are indicative in nature and may vary between instruction and execution.
v. The User fully assumes the market and technological risks inherent to conversions and accepts the execution conditions set forth in these Terms.
6.6 Hard Forks, Airdrops, Rebases, and Network Migrations.
MIO3 may, in its reasonable discretion, support or decline to support hard forks, airdrops, rebases, ticker changes, or network migrations.
In the event of network events, MIO3 may:
i. determine the canonical chain for operational purposes;
ii. temporarily pause conversions, deposits, or withdrawals;
iii. decline to support resulting assets where there is operational, compliance, or security risk.
The User acknowledges that they may not receive certain assets or functionalities arising from such events if they are not supported by MIO3.
6.7 Deposits/Withdrawals with Tags/Memos or Other Metadata.
Deposits/withdrawals requiring tags, memos, notes, messages, or specific identifiers may not be processed if the User omits such data. Neither TOHKN nor MIO3 guarantees recovery of funds due to errors involving such requirements.
6.8 Auto-Conversion as Part of Execution.
The auto-conversion described in Section 4.14 forms part of the Exchange's execution flow. MIO3 does not guarantee the best price available on the market, nor instant execution. Auto-conversion may affect the effective price through the combination of spread, slippage, and fees (see Sections 4.10 and 19).
7. Digital Asset Purchase Service in the Primary Market
The Digital Asset Purchase Service in the Primary Market allows Users to directly acquire, through their TOHKN Account, Digital Assets issued, structured, and placed on the Platform by duly authorized issuers.
Except as expressly stated in the documentation for a specific issuance, MIO3 acts solely in its capacity as Digital Asset Service Provider and Platform operator, and not as issuer, obligor, guarantor, offeror, or party responsible for the obligations inherent to Digital Assets offered by third parties.
7.1 Nature of the Service.
This service corresponds to the initial purchase of Digital Assets at the time of their issuance or placement in the primary market, whether through a Public Offering or a Private Offering, as provided under the Digital Asset Issuance Law of the Republic of El Salvador.
The User participates in the initial offering under the conditions, terms, risks, and restrictions set forth in the corresponding issuance documentation, including, but not limited to, the Relevant Information Document (DIR), offering circular, whitepaper, or token terms, among others.
MIO3 may facilitate the subscription, placement, settlement, custody, or registration process for the Digital Assets, enabling secure execution of the transaction and delivery of the digital asset to the User's TOHKN Wallet once the subscription and validation process has been completed.
7.2 Conditions for Purchasing Digital Assets.
The means of payment for purchasing Digital Assets in the primary market will be fiat currency or eligible cryptocurrencies, unless the issuance documentation provides otherwise. Each issuance, through its corresponding documentation, defines its denomination. Where the User uses a different means of payment, the Platform may carry out the necessary conversion to settle the purchase in the issuance's currency.
The User acknowledges and agrees that:
i. The acquisition is subject to the terms, conditions, and restrictions defined in the issuance documentation.
ii. The assets acquired will be placed solely in their TOHKN Wallet, in MIO3's custody.
iii. The rights, benefits, returns, or flows associated will depend solely on what is set forth in the issuance document for the corresponding asset.
iv. Once the subscription or payment has been confirmed, the order is deemed irrevocable once accepted and executed in accordance with the rules of the issuance and the Platform, except as otherwise provided by mandatory law or agreement.
v. MIO3 may establish minimum or maximum investment amounts, subscription windows, and settlement periods depending on the asset and market conditions.
7.3 Transparency and Record-Keeping.
All purchases made in the primary market will be electronically recorded on the Platform, evidencing:
- Date and time of acquisition.
- Identification of the asset acquired.
- Amount and means of payment.
- Applicable fees or charges.
- Settlement and credit status.
Such records constitute operational, auditable evidence and will prevail over any other proof of purchase in the event of a discrepancy.
The User may access a detailed history and electronic receipts for all of their transactions from the Platform.
7.4 MIO3's Powers.
MIO3 may, at any time and for good cause:
- Determine which offerings or Digital Assets are available for purchase.
- Suspend, modify, or cancel an ongoing offering in the event of security risks, regulatory non-compliance, or instruction from a competent authority.
- Reject purchases that fail to meet KYC/AML/CFT requirements, User documentation, or legal provisions.
- Adjust settlement or crediting timeframes in response to technological or regulatory contingencies.
Where possible, MIO3 will notify the User of the suspension or cancellation of an offering before its execution or settlement.
7.5 Risks and Liability.
The User acknowledges and agrees that:
i. Digital Assets available in the primary market are issued by third parties, and MIO3 does not guarantee the performance, value, return, liquidity, or solvency of the issuer, nor the fulfillment of the obligations assumed by the issuer of the Digital Asset.
ii. MIO3 does not guarantee the future marketability, resale, or appreciation of the digital asset acquired.
iii. Offerings may be subject to market, technological, and regulatory risks described in the issuance document.
iv. The User must review and understand the associated risks before making any investment.
Under no circumstances will MIO3 be liable for losses arising from investment decisions, issuer non-compliance, or changes in the value of the assets acquired.
7.6 Conflicts with Issuance Documents.
In the event of a discrepancy between these Terms and the issuance documentation for a digital asset (Relevant Information Document, whitepaper, or token terms), the issuance documentation shall prevail with respect to the specific conditions of the asset (eligibility, risks, flows, schedule, rights). These Terms will apply with respect to any matters not addressed by such documentation.
8. Digital Asset Sale and Transfer Service in the Secondary Market
The Secondary Market allows Users to sell, transfer, or exchange Digital Assets previously acquired in the primary market or in secondary transactions, within the Platform's technology and custody infrastructure, subject to applicable operational, security, and compliance controls. Secondary Market transactions may be executed between Users registered on the Platform or through liquidity providers or authorized third parties, depending on the mode available for each Digital Asset.
Unless expressly stated otherwise for a specific transaction or product, MIO3 does not act as a counterparty, broker/intermediary, market maker, or liquidity guarantor, but rather as the operator of the technology infrastructure that enables the secure execution and settlement of transactions. Its role is limited to providing the technology, custody, and settlement infrastructure, ensuring the operational integrity of transactions, and overseeing the corresponding regulatory compliance.
8.1 Nature of the Service.
This service corresponds to buying and selling after the initial issuance---that is, secondary market transactions that allow the direct transfer of Digital Assets between Users within the Platform.
Transactions will be executed in accordance with Users' instructions, the parameters of the corresponding order, applicable trading rules, and the operational, compliance, and security conditions established by MIO3.
8.2 Conditions of Sale.
Sale transactions may be settled using the following as means of payment:
- Eligible fiat currency as determined by MIO3.
- Eligible cryptocurrencies as determined by MIO3.
To execute a purchase and sale:
- The seller must have the Digital Assets available in their TOHKN Wallet.
- MIO3 will freeze the Digital Assets in the seller's TOHKN Account for as long as a sell order remains outstanding on them.
- The buyer must have sufficient balance in their TOHKN Account.
- MIO3 may immobilize, reserve, or temporarily restrict the funds, Stablecoins, Digital Assets, or other means of payment of the buyer necessary to cover an outstanding purchase order.
- MIO3 may immobilize or reserve the Digital Assets that are the subject of a sell order while it remains outstanding or is in the process of execution or settlement.
- Once an order has been executed or reaches the finality status indicated on the Platform, the transaction will be deemed final and irrevocable, except as required by mandatory law or in the event of a proven technical error attributable to MIO3.
- Settlement and transfer of the assets will take place within the operational timeframes established by MIO3, which may vary depending on the blockchain network and compliance validations.
MIO3 may apply amount, frequency, or volume limits per User or per asset type, in compliance with its AML/CFT or risk-management policies.
8.3 Transparency and Record-Keeping.
All transactions carried out in the secondary market will be electronically recorded on the Platform, indicating:
- Digital asset traded.
- Transaction price in USD or its equivalent.
- Date, time, and transaction number.
- Applicable fees or charges.
- Settlement status.
The records generated by MIO3 constitute operational, auditable evidence. The User may access a detailed history and electronic receipts for all of their transactions from the Platform.
8.4 MIO3's Powers.
MIO3 may, in its reasonable discretion and in accordance with applicable regulations:
i. Determine which Digital Assets are eligible for trading in the secondary market.
ii. Establish operational limits or parameters to ensure the stability and security of the system.
iii. Suspend, limit, or cancel transactions upon suspicion of fraud, market manipulation, misuse of privileged information, or regulatory non-compliance.
iv. Temporarily modify the availability of the service for technical, regulatory, or systemic-risk reasons.
Where possible, MIO3 will notify the User of the suspension, cancellation, or adjustment of the affected transactions.
8.5 Risks and Disclaimer of Liability.
The User acknowledges and agrees that:
i. Secondary market transactions are subject to price fluctuations, liquidity variations, and counterparty risks.
ii. MIO3 does not guarantee the existence of buyers or sellers, nor the price stability or liquidity of the Digital Assets traded.
iii. Quotes published on the Platform are indicative and may vary between instruction and execution of the order.
iv. MIO3 assumes no liability for losses arising from investment decisions, market changes, or User errors.
v. In the event of technological failures, network congestion, or force majeure, MIO3 may defer settlement or adopt temporary protective measures.
vi. The User assumes all risks inherent to trading Digital Assets and expressly releases MIO3 from any claim relating to value fluctuations, delays, or lack of liquidity.
8.6 Effects of Delisting in the Secondary Market.
If an asset is delisted, MIO3 may cancel outstanding orders, pause trading, and, where possible, provide a window for the withdrawal or settlement of the asset. The User acknowledges that lack of liquidity or regulatory restrictions may limit the options available.
8.7 Market Conduct.
Any market manipulation practice is prohibited, including, without limitation, wash trading, spoofing, layering, front running, and trading based on material non-public information (MNPI). MIO3 may suspend or cancel transactions or restrict accounts upon reasonable indications of such conduct and report it to the competent authorities.
9. Account Security and Protection
This section governs the technological, operational, and custody security measures applicable to TOHKN Accounts and to the Digital Assets in MIO3's custody, as well as Users' obligations to protect their credentials and devices.
Under no circumstances may MIO3 dispose of, transfer, or use Users' Digital Assets for purposes other than those expressly authorized by these Terms or by judicial or administrative order.
MIO3 acts solely as Platform operator and custodian of the Digital Assets, under principles of asset segregation, in accordance with the Digital Asset Issuance Law, the Bitcoin Law, their respective regulations, the instructions of the Banco Central de Reserva (BCR), and the applicable regulations of the Superintendencia del Sistema Financiero (SSF) of El Salvador.
MIO3 applies security protocols that include data encryption, multi-factor authentication, environment segregation, continuous monitoring of unusual activity, and internal controls under international standards.
9.1 User Obligations.
The security of the TOHKN Account also depends on the User's conduct. The User agrees to:
i. Activate and maintain the multi-factor authentication (2FA) mechanisms provided by the Platform.
ii. Protect the confidentiality of their credentials, passwords, keys, verification codes, and devices.
iii. Avoid reusing weak passwords or passwords shared with other services.
iv. Keep their devices, browsers, and operating systems up to date, and avoid connecting from insecure networks.
v. Immediately notify MIO3 (and in any event within the following 24 hours) of any unauthorized access, loss of credentials, or suspicious activity, through official channels.
vi. Not delegate use of the TOHKN Account, nor allow access by unauthorized third parties.
Failure to comply with these obligations may result in the preventive suspension or closure of the TOHKN Account. The User will be liable for losses or damages resulting directly from their non-compliance, negligence, or unjustified delay in reporting an incident, to the extent permitted by applicable law.
9.2 MIO3's Powers.
MIO3 may adopt, in good faith and without liability for the reasonable effects arising from such measures, the following actions to protect the security of the Account, the Digital Assets, and the Platform:
i. Temporarily suspend or restrict the TOHKN Account or certain transactions when it detects unauthorized access or risks to the integrity of the Platform.
ii. Block individual transactions that present signs of fraud, impersonation, or regulatory non-compliance.
iii. Request additional documentation to restore access or verify the User's identity.
iv. Preventively freeze Digital Assets while an internal investigation or an authority's request is being carried out.
MIO3 will notify the User of any measure adopted, except where such notice would jeopardize the investigation or the security of the system.
9.3 Limitation of Liability in Security Matters.
To the maximum extent permitted by applicable law, and except where the loss results directly from willful misconduct or gross negligence attributable to MIO3, MIO3 will not be liable for:
i. Delays or the inability to restore access when the User fails to comply with the verification procedures and requirements.
ii. Losses arising from the User's negligence in protecting their credentials, access keys, or devices.
iii. Consequences of using insecure networks, software, or equipment.
iv. Errors or failures inherent to blockchain networks, forks, congestion, failures, outages, or third-party vulnerabilities.
v. Interruptions, cyberattacks, technological failures, or deficiencies in services provided by third parties, including telecommunications, internet, energy, cloud service, payment processing, SMS messaging, email, or authentication providers.
vi. Events of fortuitous event or force majeure, including, by way of example and not limitation: natural disasters, fires, floods, earthquakes, wars, armed conflicts, civil unrest, massive power failures, strikes, pandemics, governmental or regulatory acts, legal restrictions, or any other circumstance beyond MIO3's reasonable control.
In all cases, the User acknowledges that use of the TOHKN Platform involves inherent technological and financial risks that the User assumes under their full and sole responsibility.
9.4 Automation and Authorized APIs.
Unauthorized automated access is prohibited. Integration through authorized APIs/SDKs will be subject to credentials, rate limits, data-use terms, and revocation at MIO3's discretion in the event of risks or non-compliance.
10. Regulatory Compliance, AML/CFT, and Geographic Restrictions
The User agrees to use the TOHKN Platform and their TOHKN Accounts in accordance with the laws, regulations, and applicable provisions in the Republic of El Salvador and in their jurisdiction of residence, nationality, or location at the time of using the services.
MIO3 maintains policies, procedures, and controls aimed at compliance with applicable regulations and, where relevant, takes as a reference international standards regarding the prevention of money laundering and terrorist financing.
10.1 User Obligations.
The User acknowledges and agrees that it is their sole responsibility to:
i. Comply with the local laws and regulations governing the use of Digital Assets and financial services.
ii. Use the Platform on their own behalf or, in the case of corporate accounts, solely on behalf of the legal entity holding the account and within the scope of the validly granted authorizations, refraining from acting as an intermediary, nominee, or on behalf of unauthorized third parties.
iii. Provide truthful and up-to-date information regarding their identity, nationality, tax residence, and source of funds, and promptly report any change.
iv. Comply with obligations regarding the prevention of money laundering, terrorist financing, fraud, and tax evasion.
v. Refrain from accessing or using the Platform from jurisdictions in which MIO3's services are prohibited, restricted, or sanctioned.
Failure to comply with these obligations may result in the immediate suspension or cancellation of the account.
10.2 MIO3's Compliance.
MIO3 operates under the applicable authorizations and registrations and maintains policies and procedures aimed at compliance with the law in force in the Republic of El Salvador, including the Digital Asset Issuance Law, the regulations issued by the Comisión Nacional de Activos Digitales (CNAD), the Bitcoin Law and its regulations, the regulations of the Banco Central de Reserva (BCR), and the regulations of the Superintendencia del Sistema Financiero (SSF).
MIO3 also applies international regulatory compliance standards and relevant standards, recommendations, and best practices issued or promoted by bodies such as the Financial Action Task Force (FATF), FinCEN (U.S.), the European Union, and OFAC (U.S.), including know-your-customer processes (KYC/KYB), enhanced due diligence (EDD), and continuous transaction monitoring.
To ensure compliance, MIO3 may:
- Request additional information, documentation, or verifications at any time.
- Implement enhanced controls for high-risk clients, countries, or transactions.
- Suspend, limit, or deny access to the Platform where required by applicable regulations or internal risk policies.
10.3 Restricted Jurisdictions.
MIO3 expressly reserves the right to restrict, suspend, or deny access to its services to Users located in:
- Countries or territories classified as high-risk or non-cooperative by the FATF.
- Jurisdictions subject to international sanctions imposed by, among others, OFAC, the UN Security Council, the European Union, or other competent authorities.
- Countries or territories expressly identified or designated as restricted by MIO3 based on its risk assessment.
MIO3 may restrict access for Users who are resident, domiciled, incorporated, physically located in, or accessing from, a restricted jurisdiction, including where the use of mechanisms intended to conceal or alter their location is detected.
10.4 Consequences of Non-Compliance.
Use of the Platform from restricted jurisdictions, or in violation of applicable laws, may result in:
- Immediate suspension or closure of the TOHKN Account.
- Restriction, holding, or temporary immobilization of Digital Assets, to the extent permitted by applicable law, while the corresponding verifications are carried out or a request from a competent authority is addressed.
- Reporting to the competent authorities, including the Unidad de Investigación Financiera (UIF) or relevant international bodies.
MIO3 will assume no liability for the inability to provide services where this results from legal or regulatory provisions, international sanctions, or events of fortuitous event or force majeure that limit or restrict its operations in certain jurisdictions.
10.5 Inter-Provider Transfers (Travel Rule).
For certain Digital Asset transfers, MIO3 may collect, verify, and transmit originator and beneficiary information (including, without limitation, name, identifiers, and wallet addresses) to other Digital Asset Service Providers (DASPs), financial institutions, Travel Rule technology providers, or competent authorities, in accordance with international standards and applicable regulations. MIO3 may request additional information, or delay, withhold, reject, or cancel the transaction when the required information is insufficient, inconsistent, or unverifiable.
10.6 Data Processing for Travel Rule Purposes.
The processing of personal data associated with the Travel Rule is carried out on the basis of compliance with legal and contractual obligations, as well as the legitimate interest of preventing fraud and financial crimes, in accordance with Section 28 (Privacy and Data Protection).
10.7 Export Controls and Sanctions.
The User represents and warrants that they are not a person, entity, or jurisdiction subject to international sanctions, nor do they appear on any restrictive lists (including, without limitation, OFAC, UN, and EU lists). The User will refrain from using the Platform in violation of sanctions regimes or export controls. MIO3 may restrict, suspend, or close accounts and report to authorities when required by applicable regulations.
10.8 Prohibited Persons and Restricted Jurisdictions.
MIO3 will maintain a prohibited persons and restricted jurisdictions policy at tohkn.com/legal/restricted. This list may be updated without prior notice for compliance or risk reasons. Access to and use of the Platform from listed locations or by listed persons may be restricted, suspended, or denied.
11. Operational Restrictions.
Access to, use of, or disposal of Digital Assets may be subject to technical, operational, regulatory, or security restrictions, determined by MIO3 in compliance with its legal obligations or to safeguard the integrity of the system in accordance with applicable law, these Terms, and MIO3's internal risk-management and compliance policies.
Such restrictions may include:
i. Withdrawal or transfer limits during AML/CFT verifications.
ii. Holds, immobilizations, or temporary restrictions arising from judicial, administrative, or regulatory orders.
iii. Operational limitations arising from technology updates, network failures, or scheduled maintenance.
MIO3 will apply such measures proportionally and temporarily, seeking to minimize the impact on the User.
11.1 MIO3's Powers to Restrict or Block.
MIO3 may temporarily restrict, freeze, or block a User's access to Digital Assets in the following cases:
i. Where there is a judicial, administrative, or regulatory order issued by a competent authority.
ii. Where fraud, money laundering, terrorist financing, tax evasion, or any other unlawful activity is detected or reasonably suspected, based on objective information or on alerts generated by MIO3's monitoring systems or compliance providers.
iii. Where the User breaches these Terms or any applicable legal provision.
iv. Where required for verification, audit, or mitigation of operational or cyber risk.
v. In cases of force majeure, technological failures, or preventive measures intended to protect the Digital Assets.
Where doing so would not jeopardize investigations or regulatory measures, MIO3 will notify the User and initiate a documentary review and validation process.
During such process, the assets will remain intact and in custody, and access will be restored once the review process concludes and provided that the causes giving rise to the restriction have ceased to exist.
11.2 Limitation of Liability.
MIO3 will not be liable for losses or damages arising from blocks, restrictions, or freezes applied in compliance with:
- National or international regulations;
- Instructions from competent authorities; or
- Reasonable security or risk-management measures adopted in good faith.
Nor will it be liable for events attributable to:
- Failures or vulnerabilities of external blockchain networks;
- Interruptions in services provided by third-party custodians or processors; or
- Incidents beyond its reasonable control.
The User may submit evidence or documentation supporting the legitimacy of their assets, and MIO3 will evaluate such requests in accordance with its internal procedures, the documentation provided, and applicable law.
11.3 Asset Segregation and Insolvency Protection.
The Digital Assets held in custody in TOHKN Accounts:
i. Do not form part of MIO3's estate.
ii. May not be attached, encumbered, or used to cover MIO3's own obligations.
iii. Will remain fully identified and separate from the rest of the company's operating assets.
In the event of MIO3's dissolution, liquidation, or insolvency, the Digital Assets held in custody will be treated as provided under applicable law, seeking their restitution to their holders in accordance with the Platform's records, the documentation evidencing ownership, and the decisions of the competent authority, as applicable.
12. Transactions, Processing, and Order Execution
All transactions carried out through the TOHKN Wallet will be processed in accordance with the operational, security, and compliance procedures set forth in these Terms and under applicable regulations.
12.1 Types of Orders.
Subject to service availability, the User may place the following orders within the TOHKN Platform:
- Deposits and withdrawals of Digital Assets or fiat money.
- Internal transfers between TOHKN accounts.
- External transfers to/from third-party digital wallets authorized by MIO3.
- Purchase or sale orders for Digital Assets in primary and secondary markets.
- On-ramp and Off-ramp orders, as well as exchange transactions between cryptocurrencies, Stablecoins, and fiat money.
All orders will be received, processed, and, where applicable, executed in accordance with MIO3's operating procedures, the conditions of the blockchain network or applicable payment rail, available liquidity, and KYC/AML/CFT compliance policies.
By instructing an On-ramp or Off-ramp transaction, the User expressly authorizes MIO3, directly or through authorized third parties, to debit, convert, transfer, credit, or settle the funds, balances, or Digital Assets necessary to execute the requested transaction, as well as to automatically deduct any applicable fees, commissions, network charges, spreads, taxes, withholdings, or third-party charges.
12.2 Irrevocability of Transactions.
Orders will be final and irrevocable once they have been executed, settled, irrevocably transmitted to the corresponding rail or provider, or confirmed on the applicable blockchain network, depending on the nature of the transaction and the status reported on the Platform.
On-ramp and Off-ramp requests may not be cancellable once confirmed by the User, transmitted to the payment provider, sent for processing, partially or fully executed, or reflected in MIO3's internal systems. Once executed, the transaction will be final and irrevocable, except for a proven technical error attributable to MIO3 or as otherwise required by mandatory law.
The User acknowledges and agrees that:
i) Transactions sent to incorrect, inactive, incompatible, or unverified addresses cannot be reversed, cancelled, or recovered.
ii) To the maximum extent permitted by applicable law, MIO3 will not be liable for the loss, inaccessibility, or failure to credit Digital Assets sent outside its infrastructure or to addresses not controlled by MIO3, except where such loss results directly from a proven error attributable to MIO3.
iii) Any instruction or transaction issued from a TOHKN Account using the enabled credentials and authentication factors correctly will be presumed valid and authorized by the User, unless proven otherwise or there is evidence of a security breach directly attributable to MIO3.
iv) In exceptional cases, and solely at MIO3's reasonable discretion, Digital Assets mistakenly sent to addresses within its own infrastructure may be the subject of a technical recovery attempt, provided this is technically and operationally feasible. Such an attempt does not constitute an obligation, commitment, or guarantee of success, and gives rise to no liability whatso\\ever on MIO3's part for the recovery, loss, delay, or damage arising from the attempt or from its omission. Any recovery, if carried out, will be performed under the criteria, procedures, and costs determined by MIO3 on a case-by-case basis, which may be charged to the User or deducted from the amount recovered.
v) Under no circumstances will MIO3 be liable for losses, damages, delays, sending errors, network or protocol failures, forks, network congestion, or technological vulnerabilities inherent to the decentralized and irreversible nature of blockchain transactions.
The User assumes all risks associated with the use of blockchain technology and fully and irrevocably releases MIO3 from any claim, loss, or liability arising from such transactions.
12.3 Validation and Security.
All orders will be subject to validation and security controls, which may include, among others:
- Multi-factor authentication (2FA).
- Verification of the User's identity.
- Analysis of suspicious activity patterns.
- Compliance with KYC/AML/CFT policies and international sanctions (OFAC, FATF, UN, EU).
MIO3 may delay, withhold, reject, suspend, or request additional verification of an order when it detects anomalies, inconsistencies, signs of fraud, operational risks, or compliance alerts.
Each order will be electronically recorded, generating a receipt visible within the Platform, which will include the unique transaction identifier, time, amount, asset involved, and status. Such record will constitute operational, auditable evidence.
12.4 Execution Delays.
The User acknowledges that transactions may experience delays for reasons beyond MIO3's control, such as:
- Congestion or pending validation on blockchain networks.
- Maintenance or interruptions at external providers or payment gateways.
- Internal verification processes, AML review, or requests for additional documentation.
MIO3 will not be liable for such delays.
In the event of prolonged delays, the User may contact support for information about the status of their order. MIO3 will address the issue within a reasonable time proportional to the nature of the event.
Likewise, for security and custody reasons (including offline storage or segregated signing processes), certain orders may require additional processing windows. This does not constitute a service failure.
12.5 Technical Errors and Fraud.
In the event of operational errors, technical failures, or record inconsistencies that affect the correct execution or accounting reflection of a transaction, MIO3 may, in its reasonable discretion, and only where technically and operationally feasible:
a) Reverse, cancel, adjust, or correct the affected transaction; or
b) Modify the corresponding balances, keeping documentary or verifiable electronic records of the process.
These actions will be carried out without constituting an obligation or an acknowledgment of liability, and solely for the purpose of maintaining the integrity of the system, the traceability of records, and operational fairness among Users.
MIO3 will not be liable for losses, damages, direct or indirect harm, lost profits, or lost opportunity that may arise from:
- errors, interruptions, or failures of software, network, protocol, or technology infrastructure;
- decisions to reverse, correct, or adjust; or
- the technical impossibility of, or refusal to, make such corrections.
Upon detection of, or reasonable suspicion of, fraud, identity theft, substantial error, money laundering, terrorist financing, unlawful activity, or misuse of the Platform, MIO3 may, without prior notice and without incurring any liability:
a) Suspend, block, or cancel the transaction or the account involved;
b) Temporarily withhold the associated Digital Assets or funds while internal verifications or compliance investigations are carried out; and,
c) Report the facts or suspicious transactions to the competent authorities, including the UIF, CNAD, or other entities, as applicable under the regulations.
Such measures will be preventive in nature and may be maintained for the period reasonably necessary to complete the corresponding verifications. If it is determined that the causes giving rise to the measure no longer exist, MIO3 will lift the restriction and restore the corresponding access or operability, without prejudice to any applicable legal, technical, or operational limitations.
12.6 Confirmation and Operational Records.
All transactions processed through TOHKN will be electronically recorded in MIO3's systems.
These records will include:
- The exact date and time of issuance and execution.
- The unique order identifier.
- The amounts and assets involved.
- The confirmation or settlement status.
Such records constitute full evidence of the transactions carried out and will prevail, except in the event of manifest error, proof to the contrary, or applicable legal provision, over informal communications or receipts not issued by MIO3.
MIO3 will retain this information in accordance with its data-retention and regulatory-compliance policies, and may make it available to authorities or auditors when required.
12.7 Operational Reversals and Corrections.
In the event of operational failures, reading errors, or improper credits, MIO3 may make accounting adjustments, internal reversals, or balance corrections, keeping a traceable electronic record. Such adjustments do not, by themselves, imply an on-chain reversal where this is not technically feasible or is beyond MIO3's control.
12.8 Transfers to Other DASPs and Information Requirements.
For transfers to/from third parties involving other DASPs, financial institutions, or third-party wallets, the information requirements of Section 10.5 (Travel Rule) apply. MIO3 may require additional information before executing the order. If the counterparty DASP does not accept or cannot verify the required information, MIO3 may cancel or withhold the transfer until the matter is resolved, without liability for delays reasonably arising from the lack, insufficiency, or inconsistency of the required information.
12.9 Stuck Transactions and RBF.
MIO3 is not obligated to perform fee bumping or to rebroadcast stuck transactions through replace-by-fee (RBF). Manual interventions will be subject to technical feasibility and security criteria.
12.10 Orders Funded via Fiat Rails: Provisional Credit and Off-Chain Reversal
12.10.1 Provisional Nature and Restrictions.
Any credit made via Fiat Rails or Cards will be provisional in nature until settlement is confirmed and the applicable reversal or chargeback windows have expired. During that period, MIO3 may restrict withdrawals (fiat or crypto), internal and on-chain transfers, and may immobilize assets acquired with such funds.
12.10.2 Reversal and Set-Off.
If the credit is returned or charged back, MIO3 may: (i) reverse the credit, (ii) debit the User's fiat or crypto balances, (iii) set off against any asset held on the Platform (see Section 20.9), and/or (iv) record a payable negative balance to be settled immediately.
12.10.3 User Cooperation.
The User agrees to cooperate with MIO3 and/or the payment provider in managing disputes (providing evidence, forms, and statements). Failure to cooperate may extend holds and may result in suspension or closure (see Sections 19, 21, and 22).
12.11 Orders Funded via Crypto Rails: Technical Confirmation and Compliance Controls
12.11.1 Confirmation and Crediting.
Crypto deposits are credited following Technical Confirmation and internal validations. MIO3 may establish different confirmation thresholds by asset and network.
12.11.2 Risk-Based Holds.
Where there are risk signals (e.g., matches against sanctions lists, high-risk addresses, unusual patterns), MIO3 may temporarily immobilize deposited assets and/or their conversion proceeds, even where there is on-chain confirmation, until verifications are completed (see Sections 11, 12.3, and 22).
12.11.3 Operational Reversals.
If improper credits or operational errors are detected, MIO3 may make accounting adjustments or internal reversals, keeping an electronic record (see Section 12.7). This does not imply an on-chain reversal where this is not technically feasible.
13. Handling of the TOHKN Account in the Event of Death, Incapacity, or Prolonged Inactivity of the Holder
13.1 Death or Legal Incapacity of the Holder
In the event of the death of the holder of a TOHKN Account (the "Account Holder"), the person who establishes his or her status as an heir shall be entitled to instruct, withdraw, and otherwise dispose of the Digital Assets associated with the Account, upon presentation of a resolution, declaration of heirship, judgment, deed, or equivalent instrument issued by the competent authority or body pursuant to the applicable laws of the jurisdiction in which the succession or probate proceedings are conducted, once such resolution or instrument has become final and binding under such laws.
In the event that the Account Holder is judicially declared to be absolutely incapacitated, the legal representative, curator, guardian, or attorney-in-fact holding sufficient and valid authority shall establish his or her appointment or authority by presenting the corresponding instrument.
Designated Beneficiary (once enabled and effective). MIO3 may enable, as an additional feature within the TOHKN Platform, a beneficiary designation mechanism. If such functionality has been enabled and the Account Holder has made a valid and effective beneficiary designation in accordance with the procedures established by MIO3, the designated beneficiary shall be entitled to withdraw, dispose of, and request the transfer of the entire balance or the applicable proportion of the Digital Assets associated with the Account. For so long as such designation remains valid and effective, the designated beneficiary's rights shall supersede the corresponding authority of the heir referred to in the preceding paragraph, without requiring the heir to first establish his or her status or otherwise participate in the process, subject to presentation of the Account Holder's death certificate issued by the competent authority; certificates or statements issued by funeral homes or other unauthorized entities shall not be accepted for such purpose.
Where the Account Holder has designated more than one beneficiary, the Account Holder shall specify the proportion of the Digital Assets to be distributed to each beneficiary. In the absence of an express allocation, the Digital Assets shall be distributed among the designated beneficiaries in equal shares.
The foregoing shall apply without prejudice to any rights that, under the Civil Code or equivalent applicable law in the relevant jurisdiction, are mandatorily or irrevocably vested in the Account Holder's heirs, including, where applicable, forced heirship rights, reserved portions, or other mandatory succession entitlements. In such circumstances, MIO3 may suspend or condition the execution of instructions from a designated beneficiary if MIO3 becomes aware of a pending succession or probate claim relating to the same Digital Assets. (This mechanism shall only be enforceable once MIO3 has effectively enabled the beneficiary designation functionality.)
The duly established heir, designated beneficiary, or legal representative referred to in the preceding paragraphs (each, a "Legitimately Entitled Person") shall formally notify MIO3 in writing of the relevant circumstances and shall provide, at a minimum:
\(i\) the Account Holder's death certificate, in original form or as a certified copy, issued by the competent authority; certificates or statements issued by funeral homes or other unauthorized entities shall not be accepted;
\(ii\) the legal instrument establishing the person's entitlement or authority, as applicable, including a determination of heirship, record of beneficiary designation, or appointment as legal representative;
\(iii\) a copy of a valid and current identification document of the person claiming to be the Legitimately Entitled Person; and
\(iv\) a signed and dated letter from such person confirming the Account Holder's death and his or her status as heir, designated beneficiary, or legal representative, as applicable.
MIO3 may, in its reasonable discretion and through such reasonable means as it deems appropriate, verify the authenticity, sufficiency, and validity of the documentation submitted before permitting any access to the Account or any withdrawal, disposition, or transfer of the Digital Assets associated with the TOHKN Account.
Until such verification has been completed and valid instructions have been issued in accordance with applicable law, the Account shall remain blocked, and MIO3 shall have no liability for any delays, unavailability, loss of value, price fluctuations, or associated costs arising during such process.
13.2 Notification and Preventive Suspension
Once the initial notification and documentation have been received, MIO3 will proceed to temporarily suspend the Account and restrict withdrawals, transfers, conversions, and other disposal transactions until the authenticity of the information is verified.
In case of reasonable doubt, inconsistency, or incomplete information, MIO3 may request additional documentation and maintain the preventive suspension until validation is completed.
If MIO3 has reasonable grounds to believe that the holder has passed away (for example, through public, judicial, or institutional notice), it may preventively suspend the account, without liability for the reasonable effects of the measure adopted in good faith and in accordance with these Terms, until the holder or their heirs establish their legal standing.
13.3 Requirements for Transferring Digital Assets
For the Digital Assets associated with the TOHKN Account to be transferred or otherwise made available to the Legitimately Entitled Person pursuant to Section 13.1, the following requirements shall be satisfied, as applicable:
a\) In the case of inheritance: the person shall present a final and binding resolution, declaration of heirship, judgment, deed, or equivalent instrument issued by the competent authority or body under the applicable laws of the jurisdiction in which the succession or probate proceedings are conducted, establishing such person's status as an heir, together with a valid and current identification document.
b\) In the case of a designated beneficiary: where MIO3 has effectively enabled the beneficiary designation functionality and a valid and effective designation has been made in accordance with the procedures established by MIO3, the beneficiary shall present evidence or a record of such designation, together with a valid and current identification document and the other documentary requirements set forth in Section 13.1, without prejudice to any mandatory or non-waivable succession rights recognized under applicable law.
c\) In the case of absolute incapacity: the person shall present a final judicial decision, appointment, power of attorney, or equivalent instrument establishing the current status and authority of the Account Holder's legal representative, curator, guardian, or attorney-in-fact, together with a valid and current identification document.
The Legitimately Entitled Person shall also:
d\) satisfactorily complete the applicable identity verification and, where applicable, KYC/AML/CFT procedures before receiving or disposing of the Digital Assets; and
e\) maintain an active and verified TOHKN Account or, where permitted by MIO3 and authorized under applicable law, provide an eligible wallet, account, or other receiving mechanism for the transfer of the Digital Assets.
Acceptance of the TOHKN Terms and Conditions shall only be required where the Legitimately Entitled Person is required to open or use a TOHKN Account to receive or manage the Digital Assets.
13.4 Verification, Custody, and Resolution
MIO3 will validate the documentation received in accordance with its internal procedures and applicable regulations, and will only proceed to transfer the Digital Assets once the legitimacy of the rights invoked has been verified.
During the process, the Digital Assets will remain in custody and segregated. MIO3 will not pay interest or its own returns for such custody, without prejudice to the economic rights corresponding to the asset under its issuance documentation or applicable protocol.
13.5 Limitation of Liability
MIO3 acts exclusively as the technology platform operator and custodian of the Digital Assets and assumes no fiduciary duty, agency, advisory obligation, or legal representation with respect to Users, heirs, beneficiaries, or legal representatives.
MIO3 shall have no obligation, beyond the reasonable verification contemplated in Section 13.1, to investigate the authenticity, origin, substantive validity, or circumstances surrounding the issuance of any documentation submitted, nor shall MIO3 be required to investigate the existence of other potential heirs, beneficiaries, representatives, or third parties claiming an interest in the Digital Assets. MIO3 may reasonably rely and act upon the apparent validity and formal regularity (prima facie validity) of documentation submitted by any person claiming to be a Legitimately Entitled Person, without thereby incurring liability.
Whenever MIO3 deems it necessary or appropriate, in its sole discretion and without any obligation to do so in every case, MIO3 may request an opinion, report, or validation from legal counsel, experts, notaries, registry authorities, forensic document examiners, or other independent experts, whether domestic or foreign, for purposes of verifying documentation submitted pursuant to this Section 13. The reasonable fees, costs, and expenses arising from such consultation may, upon prior notice, be charged to the Legitimately Entitled Person or deducted from the Digital Assets subject to transfer. MIO3's authority to consult experts pursuant to this paragraph is discretionary and shall not, under any circumstances, create any enhanced duty or standard of care on the part of MIO3, nor shall MIO3 assume responsibility for the opinions, reports, determinations, or conclusions issued by such third parties.
Accordingly, to the fullest extent permitted by applicable law, any transfer, delivery, or making available of Digital Assets by MIO3 in good faith and in reliance upon documentation that, at the time of verification, reasonably appeared to be authentic, complete, and valid pursuant to Section 13.1 shall fully discharge MIO3 from liability toward the Account Holder, his or her heirs, beneficiaries, representatives, and any third party, even if such documentation is subsequently determined to have been forged, altered, revoked, insufficient, or invalid, or if the person who submitted it did not in fact hold the status claimed, except where fraud, willful misconduct, or gross negligence directly attributable to MIO3 is established.
To the fullest extent permitted by applicable law, and except in cases of fraud, willful misconduct, or gross negligence attributable to MIO3, MIO3 shall not be liable for:
i\) delays arising from judicial, notarial, administrative, or verification proceedings, including delays resulting from consultation with experts pursuant to the preceding paragraph;
ii\) succession, probate, or inheritance disputes among heirs, beneficiaries, or representatives;
iii\) requests submitted with incomplete, illegible, contradictory, or insufficient documentation;
iv\) the inability to execute transfers due to legal, regulatory, or compliance restrictions, precautionary measures, court orders, or instructions from a competent authority;
v\) losses, market fluctuations, expenses, fees, or costs arising from the suspension, custody, or transfer of the Digital Assets;
vi\) forgery, alteration, identity theft, document fraud, or any substantive defect, deficiency, or irregularity in the documentation submitted, as well as losses or damages resulting from persons falsely claiming to be heirs, designated beneficiaries, or legal representatives, provided that MIO3 has acted in accordance with the reasonable verification standard set forth in Section 13.1; or
vii\) claims by third parties who were not identified or timely disclosed to MIO3 through formal notice pursuant to Section 13.1 and whose existence was unknown to MIO3 at the time the transfer was made.
MIO3 does not guarantee any specific timeframe or particular outcome for the transfer or release of Digital Assets and shall at all times act in accordance with applicable law, its internal policies, and the principles of diligence and good faith.
Any Legitimately Entitled Person who receives Digital Assets pursuant to this Section 13 agrees to indemnify, defend, and hold harmless MIO3 and its directors, officers, and employees from and against any claim, loss, damage, cost, or expense, including reasonable legal fees, arising out of or relating to: (a) any falsity, inaccuracy, or insufficiency in the documentation submitted by such person; (b) claims by other heirs, beneficiaries, representatives, or third parties concerning the same Digital Assets; or (c) actions taken by MIO3 in good faith pursuant to this Section.
The User, his or her heirs, beneficiaries, and representatives acknowledge the irreversible, volatile, and decentralized nature of Digital Assets and fully and irrevocably release MIO3 from any present or future claim, loss, or liability arising out of the circumstances governed by this Section.
13.6 Prolonged Inactivity
If a TOHKN Account remains inactive (with no transactions, access, or verifiable communication) for a period equal to or greater than twelve (12) months, MIO3 may:
a) Attempt to contact the holder through the registered means of contact;
b) If no response is obtained, temporarily suspend the account and keep the assets under segregated custody, without generating interest or returns;
c) If an additional twelve (12) month period elapses without a response, request documentation evidencing the holder's status or, where it is technically or regulatorily impossible to maintain custody indefinitely, apply, where legally applicable, the procedures relating to presumed death, absence, or unclaimed assets, in accordance with Salvadoran law and MIO3's policies.
Throughout the process, the assets will remain under asset segregation, without losing their status as the exclusive property of the holder or their legitimate heirs, and MIO3 will not be liable for loss of value, market fluctuations, delays, or costs arising from such prolonged custody.
This provision applies without prejudice to the operational suspension due to inactivity governed by Section 22.1.
13.7 Final Transfer and Unclaimed Rights
Once the requirements have been verified and the process resolved, MIO3 will proceed to transfer or make available the Digital Assets of the deceased or incapacitated holder to the TOHKN Account of the authorized heir, beneficiary, or legal representative, keeping a verifiable electronic record of the transaction.
The distribution and transfer will be subject to applicable legal, tax, and regulatory provisions.
Where, after the period provided under Salvadoran law and TOHKN's Unclaimed Assets Policy (available at tohkn.com/legal/unclaimed) has elapsed, there are no valid instructions from the holder or their successors in interest, MIO3 will apply the procedure set forth in that policy, at all times preserving the segregation of assets while they remain in MIO3's custody.
In all cases, MIO3 will act with reasonable diligence to locate the holder or their legitimate heirs or beneficiaries, without assuming any obligation of result or liability for the inability to make contact, delays, loss of value, the lapsing of rights, or any other consequence arising from the passage of time or market conditions.
14. Customer Service and Dispute Resolution
This section governs the customer service, complaint, and dispute resolution mechanisms between the User and MIO3 in connection with the use of the TOHKN Account and associated services.
Payment/Chargeback Disputes: To escalate a Fiat Rail dispute, MIO3 may request forms, statements, and additional evidence; failure to provide the required information or documentation may suspend review of the claim until it is remedied. MIO3 does not control the rules, procedures, or decisions adopted by the schemes, payment networks, banks, acquirers, or processors involved, and therefore does not guarantee the outcome of chargebacks or reversals, and may withhold, debit, or set off funds in the TOHKN Account in order to address reversals, adjustments, or recoveries required by processors, acquiring banks, or schemes, as applicable.
14.1 Support Channels.
MIO3 makes the following official TOHKN support and customer service channels available to Users:
- Email: support@tohkn.com
- Chat on the TOHKN Platform, including the Website (at tohkn.com) and the Apps (Android and iOS)
- Contact form or internal ticket available in the "Help Center" section.
Only these channels will be valid for inquiries, claims, or incidents. Communications submitted through other channels may not be considered formally received for purposes of traceability, calculation of time periods, or handling of the claim. Support responses do not constitute legal advice, do not modify these Terms, and do not create any waiver or concession on MIO3's part.
If the User has questions, inquiries, or claims relating to the services provided by MIO3, S.A. de C.V. in its capacity as Bitcoin Service Provider, they may first contact MIO3's official customer service channels, in accordance with the procedures set forth in these Terms and Conditions or in the Platform's support section, and may also contact the Superintendencia del Sistema Financiero (SSF) through the following means:
- Email: atencionalUsuario@ssf.gob.sv
- Phone number: 2505-6999
- Address: Avenida Albert Einstein, Urbanización Lomas de San Francisco, No. 17, Distrito de Antiguo Cuscatlán, Municipio de La Libertad Este, Departamento de La Libertad, El Salvador, C.A. Business hours Monday through Friday, 8:00 a.m. to 4:00 p.m.
14.2 Timeframes and Handling Procedure.
MIO3 will log each request or claim in its internal tracking system.
MIO3 will endeavor to issue an initial response within fifteen (15) business days following full receipt of the claim, and to resolve it within thirty (30) business days thereafter, unless the nature of the case, the involvement of third parties, or the need for additional information requires a longer period.
If the request requires additional information, the running of the time period will be suspended from the time additional information is requested until it is fully received. Timeframes may vary depending on the nature of the case and operational workload; in all cases MIO3 will act with diligence and good faith. Filing a claim does not suspend the User's obligations (including payments, verifications, or operational limits).
14.3 Claims and Documentation.
Any dispute or claim must be submitted in writing and accompanied by the necessary supporting evidence and documentation (screenshots, receipts, emails, transaction records, etc.).
MIO3 may declare inadmissible, archive, or request the correction of claims that:
i. Lack sufficient information or evidence for their evaluation.
ii. Are submitted outside the period established in Section 14.5.
iii. Relate exclusively to facts or services of third parties over which MIO3 has no control, involvement, or contractual liability, without prejudice to MIO3's ability to reasonably assist in channeling them.
Claims related to On-ramp and Off-ramp transactions must include, as applicable, bank receipts, identification of the payment method, transaction reference, date, amount, source or destination account, converted asset, and any documentation required by MIO3 or the corresponding payment provider.
14.4 Dispute Resolution Mechanisms.
In the event of disagreement with the response issued by MIO3, the User may request an additional internal review, which will be evaluated by an area or person other than the one that originally handled the case.
The decision issued in such review will exhaust the internal customer service procedure, without prejudice to the rights and actions available to the User under applicable law.
If, after exhausting the internal process, the User is not satisfied with the outcome, they may pursue such legal actions as they deem appropriate before the competent courts of the Republic of El Salvador, in accordance with Section 26 (Governing Law, Jurisdiction, and Dispute Resolution).
14.5 Time Limit for Filing Claims.
Unless applicable law establishes a different period, the User must file any claim within thirty (30) calendar days following the date on which they became aware, or reasonably should have become aware, of the event giving rise to it. Filing after that period may hinder the investigation or recovery of funds, but will not, by itself, imply the waiver or lapsing of rights that cannot be validly limited under applicable law.
14.6 Notices and Official Communications.
All communications relating to disputes, claims, or decisions by MIO3 will be made through the official channels registered by the User, and will be deemed validly given at the time of sending to the email address or contact method stated on their TOHKN Account. The User is responsible for keeping their contact information up to date.
15. Risks and Warnings
The User acknowledges and agrees that investing in, holding, custodying, and using Digital Assets involves significant financial, technological, operational, and regulatory risks, which may result in the partial or total loss of the capital invested, with no guarantee of recovering the initial amount or obtaining any return whatsoever.
Priority risk notice:
(i) Market: abrupt changes, extreme volatility, and liquidity gaps.
(ii) Technology: network failures, congestion, vulnerabilities, or attacks on\ the blockchain infrastructure.
(iii) Custody: losses due to address errors, use of unsupported protocols, or loss of credentials.
(iv) Compliance: blocks, reviews, or holds arising from AML/CFT or sanctions processes.
(v) Operations: delays due to validations, security, or system maintenance.
(vi) Stable issuer (stablecoins): risk of insolvency, devaluation, or failures in the issuer's backing mechanism.
MIO3 provides the TOHKN Platform and associated services solely as technology infrastructure for the management, custody, and trading of Digital Assets, without offering or assuming financial, legal, tax, or investment advice, nor any guarantee regarding results, returns, or levels of risk.
All information, quotes, or material available on the Platform is offered for informational purposes of a general nature only, and does not constitute a recommendation, offer, invitation, or guarantee of return. MIO3 does not guarantee the accuracy, timeliness, or completeness of the information, prices, or data presented on the Platform, nor does it assume any obligation to monitor markets or assets.
The User is solely responsible for their investment decisions and voluntarily assumes all risks inherent to the acquisition, custody, and trading of Digital Assets.
15.1 Investment Risk
The User acknowledges and agrees that any investment involves an inherent risk and carries the risk of partial or total loss of the capital invested.
No return, profit, dividend, flow, or appreciation is guaranteed by TOHKN, MIO3, issuers, or any public authority. Any projections, estimates, or informational materials that may be presented do not constitute a guarantee of future results, nor a performance commitment.
The User states that they understand that markets may experience extreme volatility and that past returns are not indicative of future results.
It is essential that investors fully understand the nature and risks associated with their investment, and assess the suitability of the investment based on their financial and tax circumstances. Investing in digital assets may not be suitable for all profiles, and it is strongly recommended to obtain independent financial and tax advice before investing.
The TOHKN Platform does not constitute an offer, solicitation, or invitation to invest in any jurisdiction where it is prohibited or not authorized, nor a recommendation to subscribe for or purchase Digital Assets. Documentation for Digital Asset issuances displayed or made available on the Platform is provided solely by the respective issuers and is purely informational in nature; its display does not imply that MIO3 represents the issuer, acts on its behalf, or assumes responsibility for its content.
15.2 On-Ramp and Off-Ramp Risk
On-ramp and off-ramp risk: conversions between fiat money and Digital Assets or other eligible cryptocurrencies may be subject to delays, rejections, limits, temporary unavailability, chargebacks, payment reversals, banking errors, cut-off times, holidays, compliance validations, exchange-rate changes, spreads, third-party costs, and external provider failures.
16. Digital Asset Risks
By way of example and not limitation, the main risks associated with use of the Platform and of Digital Assets are:
- Volatility risk: prices may fluctuate sharply due to market factors, liquidity, or speculation.
- Regulatory risk: legislative changes, interpretations, or public policies may affect the validity, trading, or custody of Digital Assets.
- Technology risk: failures, vulnerabilities, bugs, forks, or attacks may compromise the availability or integrity of assets.
- Custody risk: loss of credentials or access to the TOHKN Account may prevent the recovery of assets.
- Liquidity risk: the absence of an active market or demand may prevent the immediate sale or conversion of an asset.
- Counterparty or fraud risk: losses due to fraudulent acts by issuers, intermediaries, or third parties.
- Operational risk: interruptions, maintenance, or failures on the Platform or third-party systems may affect the execution of transactions.
MIO3 does not guarantee the continuous availability of services nor the timely execution of transactions in circumstances of congestion, maintenance, or network failures. The User must conduct their own independent assessment and, where necessary, seek outside professional advice before investing or trading.
For purely informational purposes, the User may consult the "Investment Risk Disclosure" available at tohkn.com/legal.
16.1 Limitation of Liability Regarding Risks
To the maximum extent permitted by applicable law:
"As Is / As Available" Services. The TOHKN Platform and MIO3's services are offered "as is" and "as available," without any express or implied warranty whatsoever, including without limitation:
- uninterrupted or error-free availability;
- fitness for a particular purpose;
- non-infringement of third-party rights;
- accuracy, completeness, or reliability of information, prices, or quotes.
Exclusion of Indirect Damages. In no event will MIO3, its directors, employees, affiliates, or shareholders be liable for indirect, incidental, special, punitive, or consequential damages, including loss of profits, data, goodwill, expected gains, or reputation, even where they have been advised of the possibility thereof. The User expressly waives any right or claim for lost profits, lost opportunity, or non-economic (moral) damages arising from use of the Platform.
Maximum Liability Cap. If any liability cannot be excluded by law, MIO3's total aggregate liability to the User will be limited to the lesser of:
(a) the total amount of fees and commissions actually paid to MIO3 during the twelve (12) months preceding the event giving rise to the claim; and
(b) one hundred United States dollars (USD 100).
Third-Party Risks and Force Majeure
MIO3 will not be liable for losses or damages arising from:
- technological failures, network errors, or forks in blockchain networks;
- cyberattacks, security vulnerabilities, or network congestion;
- deficiencies or interruptions on the part of external providers (telecommunications, cloud, payment gateways, exchanges);
- regulatory restrictions, sanctions, embargoes, judicial orders, or measures by a competent authority;
- events of fortuitous event or force majeure, including natural disasters, conflicts, power failures, or suspension of markets;
- suspension or cessation of operations due to maintenance, updates, or strategic or regulatory decisions adopted by MIO3.
16.2 Express Acceptance of Risks
The User states that they understand and accept the risks described, that use of the TOHKN Platform constitutes a voluntary activity that is not guaranteed and carries inherent risk, and that they assume sole responsibility for every investment, transaction, or custody decision made through the Platform.
By accepting these Terms and Conditions, the User states that they have understood the speculative and unguaranteed nature of Digital Assets, and expressly, fully, and irrevocably releases MIO3, as well as its directors, employees, affiliates, business partners, and providers, from any present or future liability arising from market fluctuations, investment decisions, technological errors, acts of third parties, regulatory events, or any other factor beyond MIO3's reasonable control. This release applies to any loss or damage not attributable to MIO3's direct willful misconduct.
17. General Disclaimers and Exclusions of Warranty
17.1 Services Provided "As Is" and "As Available"
The TOHKN Platform, its associated services, and any functionality provided by MIO3 are offered "as is" and "as available," without warranties of any kind, whether express, implied, statutory, or arising from the contractual, commercial, or usage relationship.
MIO3 does not guarantee that the services:
i) are continuous, uninterrupted, timely, secure, or error-free;
ii) meet the User's expectations, objectives, or specific needs;
iii) operate without interruptions, viruses, vulnerabilities, failures, or delays; nor
iv) that the results obtained are accurate, reliable, or equivalent to market or investment expectations.
The User acknowledges that access to, use, custody, or exchange of Digital Assets through the Platform is carried out at their sole risk and responsibility.
17.2 No Advice or Recommendation
Content available on the TOHKN Platform, in support communications, or through any other channel operated by MIO3, does not constitute and may not be construed as financial, legal, tax, accounting, or investment advice.
All published information, including prices, analyses, reports, or educational materials, is purely informational and general in nature, and may be inaccurate, incomplete, or out of date.
The User states that they have not received any personalized recommendation from MIO3 and will not make investment decisions based on information published by MIO3 or its affiliates.
17.3 No Fiduciary Relationship
MIO3 does not act as the User's fiduciary, agent, bank depositary, broker, adviser, or financial intermediary.
Use of the TOHKN Platform does not create a mandate, joint venture, partnership, association, or legal agency relationship between MIO3 and the User.
The User acknowledges that MIO3 provides an automated technology service for custody and record-keeping, and does not manage or invest Digital Assets on Users' behalf, except where expressly stated and subject to the corresponding licenses or authorizations.
17.4 Accuracy, Completeness, and Availability of Information
MIO3 does not guarantee the accuracy, completeness, timeliness, or continuous availability of the information, data, or prices displayed on the Platform or communicated through official channels.
Such information may come from external sources, providers, or data aggregators, whose accuracy or reliability cannot be verified at all times.
Under no circumstances will MIO3 be liable for errors, omissions, or delays in the transmission or updating of information.
17.5 Third-Party Links and Services
The TOHKN Platform may contain links, integrations, or access to third-party services, platforms, or content.
MIO3 does not control, oversee, or guarantee the operation, legality, security, or accuracy of such services, nor does it assume any liability for the User's use thereof.
Access to third-party services is carried out at the User's sole risk and responsibility, and will be subject to the applicable terms, policies, and conditions of such third parties.
17.6 Technology and Security Risks
The User acknowledges that digital services and blockchain networks are exposed to failures, vulnerabilities, cyberattacks, congestion, delays, or unforeseeable events.
MIO3 adopts reasonable technological security measures, but does not guarantee absolute protection against incidents, unauthorized access, data loss, or external attacks.
The User assumes all technology risks associated with use of the Platform and releases MIO3 from any liability arising from such events.
17.7 Exclusion of Implied Warranties
To the maximum extent permitted by applicable law, all implied warranties or assumptions of fitness, merchantability, accuracy, or suitability for a particular purpose are expressly excluded.
No oral or written communication, promotional material, or Platform functionality may be considered a warranty, commitment, or representation by MIO3.
17.8 General Release
The User expressly waives any claim against MIO3 for losses, damages, lost profits, lost opportunity, reputational harm, or non-economic (moral) damage arising from use of, or inability to use, the Platform, except for MIO3's proven direct willful misconduct.
Under no circumstances will MIO3 be liable for errors, delays, interruptions, suspensions, cessation of operations, strategic or regulatory decisions, or the actions of third-party providers, networks, or issuers involved in Digital Asset transactions.
17.9 Scope of the Release
The limitations and exclusions in this Section apply to any claim, whether contractual or non-contractual, judicial or administrative, including negligence, and will survive the termination or closure of the TOHKN Account.
\*No provision of these Terms may be construed to mean
that any liability of MIO3 is expanded or reinstated beyond what is expressly set forth in these Terms.\*
17.10 Educational Modules
The TOHKN Platform may include financial education modules and educational tools, which are for informational purposes only. MIO3 does not provide financial, legal, tax, investment, or any other type of professional advice.
Information accessible on the Platform, including the educational modules, does not constitute and must not be construed as a suggestion, instruction, recommendation, solicitation, guidance, or invitation to buy, sell, hold, exchange, or make any specific decision regarding any Digital Asset or cryptocurrency.
The User is solely responsible for assessing the risks inherent to their decisions and to any investment they make, as well as for obtaining, where they deem it necessary, such independent professional advice as they consider appropriate. Every investment decision must be independently evaluated by the User, who fully assumes the risks associated with their transactions.
18. Orders and Transactions (General Provisions)
All orders and transactions must be issued and executed solely through the mechanisms enabled by MIO3 on the TOHKN Platform. This Section establishes general rules and supplements the provisions of Section 12 (Transactions, Processing, and Order Execution), which prevails on specific operational matters.
18.1 Irrevocability and Point of Finality.
An order will be final and irrevocable once it has been executed, settled, irrevocably transmitted to the corresponding provider, rail, or network, or confirmed on the applicable blockchain network, depending on the nature of the transaction and the status reported on the Platform. Before that point, cancellation may not be available or may be limited depending on the type of order, validation status, and technical conditions.
18.2 Order Status and Traceability.
Order statuses may vary depending on the type of transaction and technical conditions. Each order may pass through different statuses, which may include, but are not limited to, the following:
- Received (instruction accepted by the system),
- Under validation (security and compliance controls),
- In execution (conversion/transfer/settlement process),
- Settled or completed (funds credited/assets transferred),
- Partially executed (order executed only with respect to part of the requested amount),
- Failed or cancelled (not executed; reasons will be disclosed where possible).
The electronic records available on the Platform constitute operational, auditable evidence of transactions (see Section 12.6).
18.3 Confirmation and Settlement Times.
Confirmation, execution, and settlement timeframes are estimates and may vary depending on the type of order, the blockchain network, the payment rail, available liquidity, business hours, third-party involvement, and applicable compliance controls. Where the Platform displays an estimated time, it is purely informational in nature and does not constitute a guarantee or a maximum execution period.
Under exceptional circumstances (network congestion, AML/CFT reviews, maintenance, regulatory requirements), timeframes may be extended.
18.4 Cancellations and Modifications.
Orders may not be cancelled once they have reached the applicable finality status under Section 18.1, except where permitted by law or technically feasible.
Without prejudice to any rights or remedies available under applicable law, transactions confirmed on a blockchain network generally cannot be technically cancelled or reversed due to the decentralized and immutable nature of such networks.
Prior to confirmation, the ability to cancel or modify will depend on the status of the order, the type of transaction, and the conditions of the service. Availability will be displayed in the Platform's interface.
18.5 Suspension or Cancellation Due to Risk.
MIO3 may suspend, limit, or cancel orders and transactions when it identifies suspicious activity, fraud, regulatory non-compliance, operational risks, or instructions from a competent authority, including, where legally and reasonably necessary, the temporary holding, immobilization, or restriction of the related funds or Digital Assets while the corresponding verification is carried out.
MIO3 will notify the User of the measures adopted whenever possible and where doing so would not jeopardize investigations or the security of the system.
18.6 Communications and Support.
The status and, where applicable, the outcome of orders will be available on the Platform or will be communicated to the User through the enabled official channels. MIO3 will address inquiries within a reasonable time, depending on the complexity of the case and the information provided.
18.7 Informational Nature of the Transaction History.
The transaction history displayed on the Platform is informational in nature and reflects the activity recorded during the selected period. Unless expressly identified as an account statement, certification, or official receipt issued by MIO3, such history does not replace MIO3's complete internal records or the official documents that may be issued for accounting, regulatory, tax, or evidentiary purposes.
19. Local Payments, Chargebacks, and Preventive Holds
On-ramp and Off-ramp transactions carried out through Fiat Rails, Cards, banks, payment processors, or external providers may be subject to reversal windows, chargebacks, refunds, collections, preventive holds, risk reserves, and set-offs, in accordance with the rules of the rail used, of the corresponding provider, and of MIO3's internal policies.
19.1 Classification of Rails.
(a) Bank rails with regulatory return windows (e.g., Transfer 365 in El Salvador; U.S. ACH under Reg E/NACHA; PSE Colombia with e-commerce payment reversal; PIX Brazil with MED and/or precautionary blocking).
(b) Instant bank rails with limited operational returns (e.g., SPEI Mexico, SINPE Costa Rica, ACH Panama, regional instant transfers).
(c) Cards (Visa/Mastercard and local acquirers), with chargeback windows typically of up to 120 days depending on brand rules and reason codes.
19.2 Reversal Windows.
The baseline windows by country/rail are set out in Exhibit D. MIO3 may extend them on a case-by-case basis (e.g., fraud, identity theft, AML signals, PEP status, adverse news) and may shorten them for Users/transactions with accredited low risk (history, limits, L2/L3 KYC, source of funds).
19.3 Preventive Holds.
MIO3 may apply holds on credits and/or on Digital Assets acquired with Provisional Credit for up to the period of the applicable window (Exhibit D) in order to: (i) prevent fraud/chargebacks/reversals; (ii) complete AML/KYC/EDD verifications; (iii) mitigate operational or liquidity risk.
19.4 Release Order.
Release will take place in stages: (i) internal use on the Platform; (ii) conversion into other Digital Assets; (iii) on-chain withdrawal; (iv) withdrawal to fiat/bank account. MIO3 may stagger this availability during the window.
19.5 Reversal and Negative Balances.
If a credit is reversed, returned, or charged back, MIO3 may reverse positions acquired with such funds (where feasible), debit them from available balances, or generate a negative balance. The User authorizes MIO3 to set off against any of their funds/assets and to limit withdrawals until the matter is resolved. The foregoing will likewise apply to on-ramp and off-ramp transactions where there is a reversal, return, bank rejection, chargeback, operational error, invalid instruction, or inability to complete the corresponding conversion or settlement.
19.6 Cards: Brand Rules and Refunds.
The User acknowledges that Card payments are subject to chargebacks and to the acquirer's representment processes and brand rules. Where a chargeback/recovery applies, MIO3 may refund to the same instrument and reverse the assets acquired if they are still on hold; if this is not possible, it may debit them from the User's balances (see Section 19.5).
19.7 Reserves and Limits.
MIO3 may apply risk reserves (e.g., 10-100% of the credit) and/or limits by amount, frequency, and novelty of the relationship (account, device, instrument) for the duration of the window or for up to 180 days in cases of documented severe risk.
19.8 Disputes and Cooperation.
The User agrees to cooperate with MIO3 and/or the payment provider in disputes (providing evidence, contracts, certificates, delivery receipts, etc.). Failure to cooperate may result in suspension, closure, or extension of the hold (see Sections 21 and 22).
19.9 Regulatory Priority.
If a local law or network rule establishes different timeframes or procedures, those timeframes/procedures will prevail over Exhibit D.
19.10 Chargeback/Recovery Fees.
MIO3 may charge fees for chargeback/recovery handling and for third-party costs (acquirers, clearinghouses, gateways) as disclosed at tohkn.com/legal/fees; such charges may be automatically debited from the User's balance provided that such charges have been previously disclosed or correspond to costs actually passed through by third parties.
19.11 Cross-Reference.
See Exhibit D (Country/Rail Windows and Holds).
19.12 Disputes, Chargebacks, Returns, and Set-Offs
19.12.1 Definition.
A "chargeback" or "return" is a payment reversal initiated by a bank, issuer, card network, clearinghouse, or regulator, within the windows provided under its rules.
19.12.2 Reference Chargeback/Reversal Windows.
Without guarantee and subject to the Fiat Rail:
(a) Cards (Visa/Mastercard). Various reason codes allow disputes for up to 120 days from the date of the charge or of the event giving rise to the dispute, in accordance with payment brand rules. Example: Visa provides for limits of 120 days under specific dispute conditions.
(b) Electronic debits/transfers (e.g., Transfer 365, SWIFT, U.S. ACH). For unauthorized consumer transactions, the regulations of the User's jurisdiction may grant a period of time from the account statement to report the error and trigger consumer protection, which may result in a reversal.
(c) Local instant rails. Certain local instant rails may have fraud/error return mechanisms administered by the participating entities. Examples: in El Salvador, Transfer365 with processes defined by the BCR; in Brazil, PIX with MED regulated by the Central Bank.
19.12.3 Reserve/Hold During the Dispute.
In the event of a dispute, MIO3 may withhold the funds or Digital Assets that are the subject thereof until final resolution, and debit them in the event of a resolution adverse to the User.
19.12.4 Negative Balances and Recovery.
MIO3 may set off against any balance/asset of the User and, if insufficient, may maintain and collect the negative balance (charges to stored payment methods, debiting of new credits, or collection through legal means).
19.12.5 Chargeback Abuse.
Abusive or repeated use of chargebacks may result in account suspension/closure (Section 22) and in reports to authorities.
20. Fees, Commissions, and Network Charges
Depending on the service contracted, MIO3 may apply the following charges (by way of example and not limitation):
- Platform fee: for use of the TOHKN Platform (Exchange Service, primary/secondary market, internal transfers).
- Network charges (blockchain/network fees): amounts charged by third-party networks to process transactions (not controlled by MIO3 and non-refundable).
- Conversion margin (spread) on FX/crypto: a margin built into the exchange rate applied on purchases/sales/conversions.
- Custody/administration fee: where applicable.
- Withdrawal and/or deposit fee: where applicable.
- Issuance/placement or distribution fees: on assets offered in the primary market, where applicable.
- Other operational or regulatory charges: where required by regulations or authorized third parties.
Fees in effect will be published and available on the Fees and Commissions page within the Platform.
On-ramp and Off-ramp transactions may be subject to platform fees, processing charges, bank charges, payment provider charges, blockchain network charges, conversion spreads, taxes, withholdings, and other applicable costs. Before confirming the transaction, the Platform will display, where technically possible, an estimated summary of the applicable charges. The User's confirmation of the transaction will constitute express acceptance of such charges.
20.1 Advance Transparency and Method of Charging.
Before confirming a transaction, the Platform will display an estimated summary of the total cost (platform fees, estimated network charges, and, if applicable, conversion margin).
Fees are automatically deducted from the USD amount or from the digital asset involved, as indicated in the order.
Default order of application: (i) network charges; (ii) platform fees; (iii) conversion or exchange fees; and (iv) other applicable charges.
In on-ramp and off-ramp transactions, the User acknowledges that the final amount received may vary due to applicable fees, spreads, bank charges, external provider costs, withholdings, taxes, exchange rates, and network charges.
20.2 Conversion Margin and Exchange Rate.
The exchange rate applicable to purchase, sale, or conversion transactions may include a conversion margin (spread) and is dynamic, and may vary between instruction and execution. The final exchange rate will be the rate in effect at the time of execution, in accordance with Sections 6, 8, and 12.
20.3 Rounding, Minimums, and Insufficient Balances.
Amounts in USD are rounded to 2 decimal places; amounts in Digital Assets are
rounded to the operational precision specific to each asset (for example, up to eight (8) decimal places for BTC, six (6) decimal places for certain stablecoins, and up to eighteen (18) decimal places for other ERC-20 assets). The interface will display the applicable precision at the time of the order. For accounting and reconciliation purposes, MIO3 may maintain a precision greater than that shown on screen.
MIO3 may establish minimum fee/transaction amounts. If the balance is insufficient to cover fees and network charges, MIO3 may reject the order, request additional funds, or, if the transaction has already been partially executed, record a negative balance to be settled with the next credit.
20.4 Non-Refundability and Corrections.
Except for a manifest error attributable to MIO3, platform fees are non-refundable once the service has been performed. Network charges and third-party charges are always non-refundable.
In the event of technical errors, MIO3 may adjust balances or reverse charges in accordance with Section 12.5, keeping an operational record.
If a Fiat Rail transaction is subsequently reversed, the network/third-party charges and fees already incurred are not refundable.
Chargeback/recovery management charges and third-party fees associated with local payments or cards are not refundable where the case is lost by the User or due to lack of cooperation/evidence.
20.5 Fee Changes and Notices.
MIO3 may update its platform fees at any time. Changes will take effect upon publication on the Platform; where they involve material increases, MIO3 will endeavor to notify the User at least seven (7) calendar days in advance through official channels.
Network charges and conversion margins (spreads) may vary without prior notice due to market or network conditions.
20.6 Taxes and Withholdings.
The User is solely responsible for the calculation, filing, and payment of applicable taxes, duties, levies, or withholdings. MIO3 may pass through indirect taxes and make withholdings where required by law, without this constituting tax advice. The User may access transaction reports on the Platform.
20.7 Billing Disputes.
Disputes regarding fees/commissions charged must be submitted within thirty (30) calendar days of the charge, by opening a ticket on the Platform and/or writing to Customer Service with supporting documentation (transaction ID, receipts, screenshots).
MIO3 will evaluate the claim and communicate its resolution within fifteen (15) business days of full receipt of the case. If additional information is required, the period will be suspended until it is provided.
20.8 Promotions and Exemptions.
MIO3 may waive, credit, or refund fees in whole or in part as part of promotions or commercial programs. Such benefits are discretionary, temporary, and do not create a vested right.
20.9 Set-Off and Negative Balances.
MIO3 may set off negative balances, unpaid fees, and outstanding charges using any funds or Digital Assets of the User held on the Platform, keeping an electronic record of the set-off applied.
21. User Obligations and Responsibilities
21.1 General Obligations.
The User agrees to: (i) use the TOHKN Platform solely for lawful, personal purposes and in accordance with applicable law; (ii) provide and maintain truthful, accurate, and up-to-date information; and (iii) comply with these Terms and the policies MIO3 publishes on the Platform.
21.2 Security and Use of Credentials.
The User is solely responsible for the confidentiality of their credentials, passwords, verification codes, and devices associated with their TOHKN Account. The User must: (i) keep their credentials under their control and not share them; (ii) immediately notify MIO3 of any suspected unauthorized access or security breach (Section 9); and (iii) bear the consequences of failing to promptly report such events. MIO3 will not be liable for losses arising from unauthorized access resulting from the User's negligence.
21.3 Regulatory Compliance and Permitted Conduct.
The User will strictly comply with applicable regulations (including AML/CFT and international sanctions) and will refrain from: (i) carrying out fraudulent transactions or transactions intended to evade sanctions; (ii) allowing use on behalf of third parties without authorization; (iii) introducing malicious software or interfering with the Platform; (iv) accessing MIO3's or third parties' systems without authorization; (v) impersonating others; and (vi) using unauthorized automation or scraping.
21.4 Consequences of Non-Compliance.
Non-compliance may result in the suspension or cancellation of the TOHKN Account, notifications to authorities, and other measures provided for in these Terms. MIO3 may block, limit, or restrict activities that are contrary to law or to its policies.
21.5 Device Security and Incident Reporting (Supplementary to Section 9).
21.5.1 Best Practices.
The User must: keep 2FA enabled and, where possible, biometrics; keep their operating system and App up to date; not use rooted/jailbroken devices; not share passwords or 2FA codes; avoid public networks for sensitive transactions; use screen lock and disable installation from unknown sources.
21.5.2 Phishing Prevention and Official Channels.
Neither TOHKN nor MIO3 requests passwords or 2FA codes by email/chat/phone call. Official channels are listed in the Help Center. Treat any communication outside those channels as suspicious.
21.5.3 Reporting Loss, Theft, or Improper Access.
The User must immediately notify, and in any event within a maximum of 24 hours, any loss/theft of devices, exposure of credentials, or unauthorized access, through official channels. Following the report, MIO3 may: log out globally, temporarily block the account/transactions, request additional verification and credential rotation, and maintain preventive measures until the review is concluded.
21.5.4 Liability for Delay or Negligence.
Delay in or failure to report an incident, or failure to comply with these practices, may result in losses being borne by the User and will entitle MIO3 to suspend the account in accordance with Section 21.4.
21.5.5 Relationship with Other Policies.
The provisions herein are to be construed as complementary to Section 9 (Account Security and Protection). In the event of a discrepancy, the provision more protective of the integrity of the system will prevail.
22. Suspension, Blocking, and Closure of the TOHKN Account
22.1 Temporary Suspension.
MIO3 may temporarily suspend any TOHKN Account where:
i. There is a breach of these Terms and Conditions or of applicable law.
ii. Suspicious or potentially unlawful transactions are detected.
iii. Operational, technological, or security risks arise.
iv. There is prolonged inactivity of more than twelve (12) months with no login or transactions.
During the suspension, the User will not be able to carry out transactions, although they may be informed of the reason where legally and operationally possible. MIO3 will notify the User by email or within the Platform, indicating the steps for restoration.
If the suspension is due to inactivity, MIO3 will endeavor to contact the User and, if the inactivity persists for an additional one hundred eighty (180) days, will proceed with permanent closure in accordance with Section 22.3.
The foregoing is without prejudice to the provisions of Section 13.6 (Prolonged Inactivity), applicable to special jurisdiction and/or succession-management procedures following twenty-four (24) months of inactivity.
MIO3 may suspend, limit, reject, or block on-ramp and off-ramp transactions where there are risk signals, inconsistencies in the User's information, AML/KYC/CFT alerts, chargebacks, reversal requests, bank restrictions, requirements from external providers, or instructions from a competent authority.
22.2 Precautionary Block.
MIO3 may temporarily block a TOHKN Account without prior notice where there are:
i. Judicial, regulatory, or administrative requirements.
ii. Well-founded suspicions of fraud, money laundering, terrorist financing, or other unlawful activities.
iii. Critical risks to the security of the Platform or of the Digital Assets held in custody.
The block may be maintained for the duration of the internal investigation or verification process. MIO3 will inform the User of the outcome once the process concludes, and may request additional documentation before restoring or closing the account.
Where there are pending reversal/chargeback requests on local fiat rails or cards, MIO3 may preventively block assets for up to the corresponding window period (see Section 19 and Exhibit D).
22.3 Permanent Closure of the TOHKN Account.
Closure of the TOHKN Account may be:
i. Voluntary, at the User's request through the Platform, provided there are no pending proceedings or disputes.
ii. Compulsory, where MIO3 determines that causes persist that compromise regulatory compliance, security, or the interests of Users.
Closure entails the termination of the contractual relationship and the deletion of personal data in accordance with the Privacy Policy, except where retention is required by law or by a competent authority.
22.4 Grounds for Compulsory Closure.
The TOHKN Account may be permanently closed for the following reasons:
i. Repeated breach of these Terms and Conditions or of the Acceptable Use Policy.
ii. Prolonged inactivity in accordance with Section 21.1.
iii. Failure to remedy the cause of suspension for more than six (6) months.
iv. Failure to meet AML/KYC requirements or refusal to provide additional information.
v. Execution of fraudulent or suspicious transactions.
vi. Requirement from a competent judicial, regulatory, or administrative authority.
vii. Any other reasonable cause that, in MIO3's judgment, compromises the integrity of the Platform, regulatory compliance, or the security of the assets held in custody.
22.5 Review and Appeal.
If the User believes that the suspension, block, or closure was unjustified, they may request a review through the official contact channels.
MIO3 will evaluate the request, may require additional documentation, and will respond within a reasonable time, without this implying an obligation to restore the account if the measure was legitimate or necessary.
22.6 Effects on Assets and on the Status of the User's Account in the Event of Suspension, Blocking, or Closure.
22.6.1 Suspension or Blocking.
During any period of account suspension or blocking, the User's Digital Assets will remain in segregated custody, and MIO3 may not dispose of, transfer, or encumber them, except where there is a legal mandate, judicial order, or regulatory requirement obligating their execution or immobilization.
22.6.2 Permanent Closure of the Account.
Permanent closure terminates the contractual relationship between the User and MIO3. MIO3 will notify the User of the closure decision, indicating the grounds, and will grant a period of thirty (30) calendar days for the User to withdraw or transfer their Digital Assets to an authorized external digital wallet. If the User does not carry out such transfer, MIO3 may proceed to sell the Digital Assets on the secondary market in accordance with prevailing market conditions and reasonable operational criteria. The resulting amount will be settled in a stablecoin pegged to the U.S. dollar (USDT or another equivalent) and credited to the settlement wallet held in MIO3's custody, where it will remain until withdrawn by the User.
The User acknowledges and agrees that MIO3 does not guarantee or warrant the price, liquidity, timing, execution, or value obtained upon settlement of the Digital Assets, as such parameters depend solely on market factors beyond MIO3's control. Settlement will be carried out on a basis of operational reasonableness, without this implying an obligation to obtain a minimum price or specific economic results.
The provisions of Sections 9 (Account Security and Protection), 10 (Regulatory Compliance), and 21 (User Obligations and Liability) will continue to apply as relevant.
23. Prevention of Fraud and Financial Crimes
23.1 AML/CFT Program and Scope.
MIO3 maintains an Anti-Money Laundering and Counter-Terrorist Financing (AML/CFT) Program consistent with Salvadoran law and international standards (FATF). The program includes, by way of example:
- Identification and verification (KYC) of customers, Authorized Users, and, where applicable, ultimate beneficial owners.
- Enhanced due diligence (EDD) for high-risk customers, countries, products, or transactions.
- Sanctions and restriction lists (e.g., OFAC, UN, EU) and detection of PEPs and adverse media.
- Internal policies and controls, training, and periodic audits.
23.2 Monitoring, Detection, and Preventive Measures.
MIO3 conducts continuous transaction monitoring to detect unusual or suspicious transactions. Upon reasonable indications or legal requirements, MIO3 may withhold, reject, suspend, or cancel transactions and/or apply preventive freezes on assets, in accordance with Sections 10 and 22.
23.3 User Information Requirements.
The User agrees to truthfully and promptly provide information and documents that MIO3 requests to verify identity, economic activity, the source and destination of funds, or other compliance matters. Failure to provide, or incomplete/inaccurate provision of, such information may result in operational limitations, suspension, or closure of the TOHKN Account (Section 22).
23.4 Reports to Authorities and Prohibition on "Tipping-Off."
MIO3
may report unusual or suspicious transactions to the competent authorities (e.g., the UIF, the FGR, or others) and cooperate with judicial or administrative requirements, without incurring liability to the User.
Where required by law, MIO3 will not be authorized to notify the User of the existence of a report or of an ongoing investigation ("tipping-off" prohibition).
23.5 Record Retention.
MIO3 will retain identification records, documentation, and transaction records for the applicable legal periods or as required by the authorities, even after closure of the account, in accordance with the Privacy Policy.
23.6 Information Sharing with Third Parties.
In order to comply with the AML/CFT program and operate the Platform, MIO3 may share information with external providers (identity verification, sanctions, transaction analysis, payment gateways, custody, cloud), under confidentiality and security obligations and subject to the Privacy Policy. Where this involves international data transfers, the safeguards provided under the applicable data-protection regulations will apply.
23.7 User Cooperation.
The User agrees to fully cooperate with MIO3 and with the competent authorities in any investigation related to their TOHKN Account or to transactions carried out through the Platform. Failure to comply with this obligation may result in immediate suspension, freezing of assets, and/or closure of the account, without prejudice to any applicable reports (Sections 10 and 22).
23.8 Limitation of Liability.
MIO3 will not be liable for damages or losses arising from suspensions, blocks, rejections, or reasonable delays carried out in good faith to comply with AML/CFT laws, orders from authorities, or its internal risk-management policies.
24. Intellectual Property and Rights of Use
24.1 Ownership.
All content, design, source code, software, architecture, algorithms, databases, trademarks, trade names, logos, interfaces, text, graphics, icons, documents, audiovisual materials, and any other technology used on the TOHKN Platform (hereinafter, the "Content") are the exclusive property of MIO3, or of its licensors, technology partners, or authorized providers.
Use of the Platform does not transfer to the User any intellectual or industrial property right, nor does it grant any licenses other than those expressly set forth in these Terms.
24.2 Limited License to Use.
MIO3 grants the User a personal, limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the TOHKN Platform and its services, solely for personal, lawful purposes, in accordance with these Terms and Conditions.
Such license is granted "as is" and does not confer any ownership rights over the software or its components.
This license constitutes the basis of the End User License Agreement (EULA) described in Section 2.
24.3 Restrictions on Use.
Except with MIO3's prior written authorization, the User may not, by way of example and not limitation:
i. Copy, reproduce, distribute, modify, adapt, translate, create derivative works from, or publish the Content.
ii. Decompile, disassemble, reverse engineer, or attempt to obtain the source code of the Platform or its components.
iii. Use the Platform for commercial, advertising, or unfair-competition purposes.
iv. Remove, alter, or delete copyright notices, trademarks, or proprietary legends.
v. Interfere with or attempt to interfere with the normal operation of the Platform or its servers.
vi. Upload, store, or transmit any material that infringes third parties' intellectual property rights.
24.4 Trademarks and Trade Names.
The registered trademarks "MIO3" and "TOHKN," their logos, symbols, trade names, and distinctive elements are the exclusive property of MIO3. Their use without express written authorization is strictly prohibited.
The User acknowledges that TOHKN is a registered trademark and that any infringement may be prosecuted in accordance with applicable intellectual property law.
24.5 Third-Party Content and Open-Source Licenses.
The Platform may incorporate third-party components, libraries, or APIs licensed under open-source or commercial terms. Use of such components will be subject to the license terms of their respective owners, which MIO3 will identify in the technical documentation or within the Platform.
24.6 Reporting Infringements.
If the User believes that any content available on the Platform infringes intellectual property rights, they may report it to legalnotices@tohkn.com, providing evidence and supporting documentation. MIO3 will evaluate the claim and, where appropriate, take the corresponding measures in accordance with applicable law and international best practices, including the procedures set forth under the Digital Millennium Copyright Act (DMCA) and WIPO treaties.
24.7 Market Data and Dynamic Content.
Prices, quotes, order books, historical data, and other market data displayed on the Platform are for the User's personal, non-commercial use.
It is prohibited to copy, publish, sublicense, distribute, or commercially exploit such data, as well as to engage in unauthorized automated access (including web scraping, crawling, or similar techniques), except under a written license from MIO3. Automated access may only be carried out through authorized APIs/SDKs.
24.8 Comments and Suggestions (Feedback).
If the User sends MIO3 ideas, suggestions, improvement proposals, bug reports, or other comments related to the Platform ("Feedback"), the User grants MIO3 a worldwide, non-exclusive, irrevocable, perpetual, transferable, sublicensable, royalty-free license to use, reproduce, modify, distribute, create derivative works from, and exploit such Feedback for any purpose, commercial or non-commercial, without any obligation of attribution, notice, or compensation.
25. General Limitation of Liability for Use of the Platform
25.1 General Principle.
The TOHKN Platform and MIO3's services are provided on an "as is" and "as available" basis, without any express or implied warranty of uninterrupted availability, fitness for a particular purpose, or absence of errors.
MIO3 acts with due diligence and good faith, but does not guarantee that the Platform is free of technical failures or interruptions.
25.2 Exclusions of Liability.
MIO3 will not be liable for losses, damages, interruptions, or delays arising from causes beyond its reasonable control, including, by way of example and not limitation:
- Connection failures, power outages, or interruptions in telecommunications or Internet services.
- Cyberattacks, security vulnerabilities, viruses, or malware.
- Congestion, errors, or forks on blockchain networks.
- Failures in services provided by third parties (cloud providers, payment processors, messaging, or authentication).
- Regulatory changes, judicial decisions, or measures by an authority.
- Events of force majeure or fortuitous event, such as natural disasters, armed conflicts, pandemics, or governmental acts.
25.3 User Errors and Improper Transactions.
The User expressly releases MIO3 from all civil, criminal, contractual, or non-contractual liability for losses, errors, or damages arising from:
i. Transfers made to incorrect addresses or recipients.
ii. Incorrect entry of amounts, assets, or credentials.
iii. Payments or transfers to unintended third parties.
iv. Misuse of the TOHKN Account by the User or by Authorized Users.
v. Lack of diligence or of prior verification of data before executing transactions.
MIO3 is not obligated to recover Digital Assets transferred in error, such loss being the User's sole responsibility.
25.4 Maximum Liability Cap.
To the maximum extent permitted by law, the limit of MIO3's liability to the User will be as set forth in Section 16.1.
25.5 Liability for Third Parties.
MIO3 assumes no liability for acts, omissions, or failures of third-party providers involved in the provision of services associated with the Platform (including banks, payment processors, blockchain networks, or technology providers).
Any contractual relationship, risk, or loss arising from the User's interaction with such third parties will be the User's sole responsibility.
25.6 Relationship with Other Sections.
This clause is to be construed as complementary to Sections 15 (Risks and Warnings) and 21 (User Obligations and Responsibilities), with the more restrictive limitation of liability permitted under applicable law always prevailing.
25.7 MIO3's Operational Powers.
By virtue of the foregoing authorizations, MIO3 is legally empowered to:
i. facilitate, through the Platform, the placement and distribution of Digital Assets issued by third parties in the primary and secondary market in accordance with the Digital Assets Issuance Law (LEAD);
ii. hold in custody Digital Assets or their means of access (keys, tokens, or equivalents) through the TOHKN Wallets;
iii. receive, transmit, and execute purchase, sale, or exchange orders for Digital Assets, including assets representing tokenized rights, securities, or financial instruments;
iv. intermediate conversion transactions between fiat money (USD), Bitcoin (BTC), and other eligible Digital Assets, in accordance with the Bitcoin Law;
v. transfer Digital Assets or their means of control between natural or legal persons, within the TOHKN ecosystem or to third parties, following applicable compliance rules; and
vi. administer tokenized investment products, the distribution of returns, and the records associated with transactions carried out on the Platform.
25.8 Licensing and Nature of the Platform
MIO3, S.A. de C.V., in its capacity as a duly registered Digital Asset Service Provider (DASP) and Bitcoin Service Provider (BSP) (Section 1), confirms that the TOHKN application and Platform are developed, operated, and administered directly by MIO3 in accordance with its current regulatory authorizations.
MIO3 is not a financial institution, does not extend financing, does not take deposits from the public, does not manage portfolios or investments on behalf of Users, and does not provide services reserved for regulated financial institutions.
25.9 Supervision and Regulatory Compliance.
MIO3's operations are subject to ongoing supervision and oversight by the competent authorities:
- CNAD, with respect to its services as a Digital Asset Service Provider (DASP).
- BCR and SSF, with respect to its operation as a Bitcoin Service Provider (Bitcoin Law).
MIO3 maintains policies on anti-money laundering (AML), counter-terrorist financing (CFT), personal data protection, corporate governance, technology risk, and cybersecurity, in accordance with national regulations and international standards (FATF, ISO/IEC 27001).
25.10 Compliance with International Regulations (SEC / FINRA)
The Digital Assets offered and made available through public or private offerings of Digital Assets, duly authorized by the Comisión Nacional de Activos Digitales (CNAD), through the TOHKN Platform, are not registered or governed under the U.S. Securities Act of 1933, nor under the securities laws of any state of that jurisdiction, and are offered in accordance with the regulatory framework of El Salvador, as set forth in the Digital Asset Issuance Law and its applicable regulations.
No U.S. authority, including, by way of example and not limitation, the U.S. Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), or any state securities commission, has approved or disapproved the offerings, nor has it evaluated, verified, or passed upon the accuracy, adequacy, or sufficiency of any document, information, or material relating to the offer or marketing of such Digital Assets.
25.11 Scope and Limits.
The authorizations conferred do not imply any state guarantee regarding the investments, the Digital Assets, or the returns generated.
The User acknowledges that TOHKN's services are provided solely under MIO3's responsibility, in accordance with its current regulatory licenses, and that the risk associated with transactions rests entirely with the User, as set forth in Section 15 (Risks and Warnings).
25.12 Disclosure and Transparency.
MIO3 will keep available, in the tohkn.com/legal/licencias section, documentation evidencing its current registrations and authorizations, updated in accordance with the guidelines of the CNAD, the BCR, and the SSF.
26. Governing Law, Jurisdiction, and Dispute Resolution
26.1 Governing Law.
These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of El Salvador, including, without limitation:
i. The Digital Asset Issuance Law (LEAD) and its regulations;
ii. The Bitcoin Law and its supplementary provisions;
iii. The Civil Code, the Commercial Code, and other applicable regulations
on contractual, technological, and consumer-protection matters, and other applicable laws.
No provision of these Terms may be construed in contravention of applicable Salvadoran law.
26.2 Dispute Resolution and Class Action Waiver.
Any dispute arising from these Terms or from use of the Platform will be resolved through judicial proceedings, in accordance with the laws of the Republic of El Salvador. The Parties unconditionally submit to the jurisdiction of the competent courts of the district of San Salvador, waiving any other venue that might otherwise be available to them by reason of their present or future domicile, the places designated for performance of their obligations, or any other basis for territorial jurisdiction.
26.2.1 Class Action Waiver.
To the maximum extent permitted by law, You and MIO3 agree to resolve disputes solely on an individual basis, and not as a plaintiff, class member, representative, or attorney-in-fact in any class, consolidated, or representative action.
Nothing in the foregoing prevents MIO3 from seeking injunctive relief before competent courts to protect the security, intellectual property, or operational integrity of the Platform.
26.3 Language and Legal Notices.
These Terms and Conditions are originally drafted in Spanish, which will prevail over any translation in the event of any discrepancy or question of interpretation.
Any notice, claim, or communication of a legal nature must be made in writing to the email address legalnotices@tohkn.com, or to MIO3's legal domicile.
27. Procedure for Complaints or Claims
27.1 Intake Channels.
Complaints or claims must be submitted through any of the following official channels:
i. Help Center/Support within the TOHKN Platform (opening a ticket), or
ii. Email: support@tohkn.com
These are the only valid channels for purposes of traceability and response.
27.2 Minimum Requirements.
To initiate handling, the User must provide:
- Full name and email address registered on the account,
- A detailed description of the event,
- The approximate date and time,
- Transaction ID (if applicable),
- Supporting evidence (screenshots, receipts, system messages, etc.).
27.3 Acknowledgment of Receipt and Case Number.
MIO3 will issue an acknowledgment of receipt assigning a case number within a maximum period of fifteen (15) business days from receipt.
27.4 Evaluation and Resolution.
MIO3 will evaluate the request and communicate its resolution, or a substantiated update on the status of the case, within a maximum period of thirty (30) business days from full receipt of the required information.
If additional information is needed from the User, the period will be suspended until such information is provided.
27.5 Possible Outcomes.
MIO3's response may state, among others:
- Resolved (with corrective measures, adjustments, or refunds where applicable),
- Partially resolved,
- Not applicable (with grounds stated).
27.6 Escalation.
If the User is not satisfied with the resolution, they may request an internal review and, should the disagreement persist, may resort to the mediation mechanisms or judicial proceedings set forth in Section 26 (Governing Law, Jurisdiction, and Dispute Resolution).
27.7 Privacy and Records.
Information submitted will be processed in accordance with the Privacy Policy. MIO3 will retain records of the case for the applicable legal periods.
28. Privacy and Data Protection
28.1 Legal Compliance.
MIO3, S.A. de C.V., in its capacity as operator of the TOHKN Platform, processes personal data in accordance with the Personal Data Protection Law of El Salvador, the Digital Asset Issuance Law (LEAD), the Bitcoin Law, and the applicable regulations issued by the CNAD, BCR, and SSF.
The collection and processing of personal data are governed by the Privacy Policy published at tohkn.com/legal.
28.2 Data Processed.
MIO3 may collect, store, and process, in a secure and limited manner: identification and contact data; financial and transactional data associated with the TOHKN Account; technology and usage data, including but not limited to IP addresses, activity logs, devices, and approximate location; and data derived from KYC/AML/CFT processes.
28.3 Legal Bases for Processing.
In addition to consent, processing is based on:
i. performance of the contract and provision of services;
ii. compliance with legal and regulatory obligations (including KYC/AML/CFT and the Travel Rule);
iii. legitimate interest in fraud prevention and technological security; and
iv. responding to requirements from competent authorities.
28.4 Purposes.
Verifying the User's identity and legitimacy; complying with legal and regulatory obligations; managing the opening and maintenance of the Account; ensuring the security and traceability of transactions; preventing fraud, money laundering, and terrorist financing; and providing the Platform's services/functionalities. MIO3 does not sell personal data.
28.5 International Transfers and Storage.
Data may be processed/hosted outside El Salvador in clouds meeting the security standards determined by MIO3. Appropriate contractual clauses and safeguards will apply.
28.6 ARCO-POL Rights (The Personal Data Protection Law of El Salvador).
The User may exercise rights of access, rectification, cancellation, and objection by writing to privacy@tohkn.com or through the Help Center, in accordance with the timeframes set forth by law and the Privacy Policy.
28.7 Consistency with App Stores.
The privacy disclosures on the App Store/Google Play reflect the categories and purposes described in this Section and in the Privacy Policy. In the event of a discrepancy, the Privacy Policy published on the Platform shall prevail.
28.8 Notification of Security Incidents.
In the event of security incidents that could significantly affect Users' personal data, MIO3 will act with reasonable diligence to mitigate risks and, where required by applicable regulations, will notify the authorities and/or affected Users through official channels.
29. Regulatory Compliance, AML, CFT, and KYC
29.1 Regulatory Compliance.
TOHKN, operated by MIO3, S.A. de C.V., in its capacity as Digital Asset Service Provider (DASP) and Bitcoin Service Provider (BSP), applies comprehensive Anti-Money Laundering (AML), Counter-Terrorist Financing (CFT), and Counter-Proliferation Financing (CPF) policies and procedures.
These procedures are developed in compliance with:
- The Digital Asset Issuance Law (LEAD) and its regulations.
- The Bitcoin Law and its implementing regulations.
- Legislative Decree No. 426 (Special LawAML/CFT/CPF).
- The provisions issued by the Comisión Nacional de Activos Digitales (CNAD), the Banco Central de Reserva (BCR), and the Superintendencia del Sistema Financiero (SSF).
29.2 Scope and Application.
MIO3's AML/CFT/CPF and KYC policies are mandatory for all Users, whether natural or legal persons, and for all transactions carried out through the TOHKN Platform, including:
- Registration and identity verification of Users (KYC).
- Custody and administration of Digital Assets.
- Purchase, sale, exchange, and transfer of Digital Assets.
- Issuance, placement, and trading of tokenized assets.
29.3 Due Diligence Procedures (KYC).
MIO3 implements identification and identity-verification processes that may include the collection of official documents, financial information, source of funds, and any other data necessary under applicable regulations.
MIO3 may request additional information or periodic updates to the User's profile, in accordance with its enhanced due diligence and ongoing monitoring policies.
29.4 Preventive Measures and MIO3's Powers.
MIO3 may:
i. Request additional information or documentation at any time.
ii. Suspend or block accounts or transactions where there are reasonable suspicions of money laundering, terrorist financing, or unlawful activities.
iii. Report suspicious transactions to the Unidad de Investigación Financiera (UIF) of the Ministerio de Hacienda, and to the competent authorities (CNAD, BCR, SSF).
iv. Deny or cancel transactions that fail to meet compliance standards or that pose risks to the integrity of the platform.
29.5 International Commitment.
MIO3 adopts and applies international compliance standards, including the 40 Recommendations of the Financial Action Task Force (FATF) and the regional guidelines of GAFILAT, ensuring that all transactions take place within a framework of transparency, traceability, and legal certainty.
29.6 AML/KYC Policy.
For further details on the specific procedures for identity verification, transaction monitoring, and the prevention of money laundering and terrorist financing, the User should consult TOHKN's AML and KYC Policy available on the Platform and on TOHKN's official website.
30. Exclusion and Limitation of Liability
30.1 Nature of the Information.
The TOHKN Platform and all of its content, materials, tools, functionalities, and informational resources are offered solely for general informational and educational purposes.
Although MIO3 endeavors to keep the published information up to date, accurate, and truthful, it does not guarantee its accuracy, completeness, currency, reliability, or availability at all times.
30.2 No Professional Advice.
The information contained on the Platform does not constitute financial, legal, tax, accounting, investment, or any other type of professional advice.
No description of Digital Assets, projections, simulations, indicators, or past returns should be construed as a recommendation or guarantee of future results.
The User is solely responsible for evaluating the information, considering the risks, and, where appropriate, consulting independent advisers before making any investment decision or transaction.
30.3 Technical Operation and Availability.
MIO3 does not guarantee the continuous, error-free, or uninterrupted availability of the TOHKN Platform, nor the absence of technical failures, delays, transmission errors, or data loss.
MIO3 will not be liable for damages or losses arising from:
i. interruptions or failures in technology systems, servers, blockchain networks, validators, or external providers;
ii. viruses, cyberattacks, security breaches, or connectivity failures;
iii. decisions or actions taken by the User based on incomplete or outdated information.
30.4 Third-Party Content and Links.
The Platform may contain links, references, or integrations with third-party websites or services.
MIO3 does not control or assume liability for the content, availability, accuracy, or privacy policies of such sites or services. Access to them will be at the User's sole responsibility.
30.5 Exclusion of Liability for User Decisions.
MIO3 will not be liable for decisions, investments, losses, or damages that result, directly or indirectly, from use of the Platform, its content, or TOHKN's services.
The User agrees that all transactions and investments carried out through TOHKN are made at their sole risk and responsibility.
30.6 Limitation of Liability.
To the extent permitted by applicable law, MIO3's total liability to the User will be governed by the limit set forth in Section 16.1.
31. Third-Party Links, Content, and Services
31.1 External Links.
The TOHKN Platform may contain links or references to websites, platforms, applications, services, or content operated by third parties. Such links are provided solely for the User's convenience.
MIO3 does not control, oversee, or guarantee the availability, accuracy, security, legality, quality, or currency of third-party sites or services, nor does it endorse or assume any liability for their content,
products, services, or policies.
31.2 User Responsibility.
Access to, downloading, installation, registration with, or use of any third-party site or service is carried out at the User's sole responsibility and risk.
It is recommended that the User carefully review the terms, conditions, and privacy policies of such third parties before accessing them or providing them with personal or financial information.
31.3 Limitation of Liability.
MIO3 will not be liable for losses, damages, harm, or consequences arising from the use of third-party sites, content, or services, nor for failures in their availability, accuracy, or completeness.
The inclusion of links or integrations does not imply any association, sponsorship, endorsement, or business relationship with their operators.
31.4 Integration with APIs and Authorized External Providers.
The products and services offered by MIO3 may operate through the use of APIs, technology services, and integrations provided by duly authorized third parties, with respect to which MIO3 holds the necessary licenses, contractual permissions, and authority for their use.
The User acknowledges that such integrations are necessary for the operation of the Platform and that the respective providers operate under their own privacy policies, terms of service, and regulatory conditions, independent of MIO3.
MIO3 may modify, replace, or discontinue any API, external service, or integration where it deems it necessary to ensure the continuity, security, or regulatory adequacy of the Services, without incurring liability to the User.
MIO3 assumes no liability for actions, omissions, interruptions, or failures attributable to external providers. Unauthorized use of APIs, automated access, or external integrations by the User is strictly prohibited and will be at the User's own risk.
32. Privacy
The collection and processing of personal data are governed by Section 28 (Privacy and Data Protection) and by the Privacy Policy published on the Platform.
For purposes of transparency, MIO3 may process: (i) identification and contact data; (ii) browsing and technology data; and (iii) financial and transactional data, in order to verify identity (KYC/AML/CFT), ensure security, improve the service, and comply with legal obligations.
In all matters not addressed in this Section, the provisions of Section 28 and of the Privacy Policy then in effect shall prevail.
33. Cookies and Similar Technologies
33.1 Use of Cookies.
The TOHKN Platform uses cookies and similar technologies (such as pixels, SDKs, and local storage) for the purpose of improving the User's experience, optimizing the Platform's performance, and analyzing the use of its features.
Cookies are small data files temporarily stored on the User's device to facilitate navigation, remember preferences, and provide secure, personalized functionality.
33.2 Types of Cookies Used.
MIO3 uses the following categories of cookies on the TOHKN Platform:
- Essential cookies: necessary for the basic operation of the Platform, authentication, and session security.
- Performance and analytics cookies: used to measure use of the Platform, identify errors, and optimize performance.
- Functional cookies: allow the User's preferences to be remembered and improve personalization of the experience.
- Marketing or tracking cookies: used, where applicable, for statistical, advertising, or remarketing purposes, always subject to the User's prior express consent.
33.3 User Consent and Control.
By accessing or continuing to use the Platform, the User expressly agrees to the use of cookies in accordance with this section and TOHKN's Cookie Policy.
The User may, at any time, configure or reject non-essential cookies through the preferences panel available on the Platform or through their browser or operating system settings. Disabling certain cookies may affect the operation and availability of some features.
33.4 Purpose and Security of Processing.
Data collected through cookies is used in an aggregated and anonymized or pseudonymized manner, as applicable, solely for purposes of:
i. analysis of usage behavior;
ii. continuous improvement of the service;
iii. optimization of performance and security; and
iv. compliance with regulatory record-keeping and technology-audit obligations.
MIO3 applies security measures consistent with international standards to protect the information collected.
33.5 Reference to the Cookie Policy.
For further information on the use, duration, management, configuration, and deletion of cookies, the User should consult TOHKN's Cookie Policy, which forms an integral part of these Terms and Conditions.
34. General Provisions
34.1 Severability.
If any provision of these Terms and Conditions is declared invalid, unlawful, or unenforceable by a competent court, such provision will be deemed severable and will not affect the validity or enforceability of the remaining clauses.
In such case, MIO3 may replace the affected provision with another valid provision that produces, to the extent possible, an effect equivalent to that originally intended.
34.2 Waiver.
The fact that MIO3 does not exercise, delays, or fails to enforce any right or power arising from these Terms and Conditions will not constitute a waiver, nor will it prevent its exercise in the future.
Any waiver of rights must be made in writing and with MIO3's express authorization.
34.3 Assignment.
The User may not assign, transfer, or delegate the rights or obligations arising from these Terms and Conditions without MIO3's prior, express, written consent.
MIO3 may assign or transfer its rights and obligations, in whole or in part, to affiliated companies, subsidiaries, legal successors, or acquiring entities, without requiring the User's authorization, provided this does not affect the essential conditions of the service.
34.4 Language and Precedence.
In the event of any discrepancy or conflict between translated versions of these Terms and Conditions and the original Spanish-language version, the Spanish-language version will always prevail, as it constitutes the official legal reference.
Where the text includes an English-language term in parentheses next to its Spanish equivalent (for example, "deslizamiento de precios (slippage)"), the meaning attributed to the Spanish-language term will prevail.
This version is published in the legal section of the Platform and on the official website at tohkn.com/legal.
34.5 Entire Agreement and Survival.
These Terms (including their Exhibits and the policies incorporated by reference) constitute the entire agreement between the User and MIO3 with respect to the subject matter governed herein and supersede any prior understanding or agreement on the matter. Provisions that by their nature must survive termination of the relationship will remain in effect as applicable.
34.6 Relationship of the Parties.
Nothing set forth in these Terms creates, between the User and MIO3, a partnership, association, mandate, agency, joint venture, fiduciary relationship, or employment relationship. Each party acts on its own account and at its own risk. Use of the Platform does not confer on the User any authority to represent MIO3 before third parties.
35. Contact and Notices
35.1 Contact Channels.
For inquiries related to these Terms and Conditions or to use of the TOHKN Platform, the User may contact MIO3 through the following official channels:
- General support: support@tohkn.com
- Legal matters/notices: legalnotices@tohkn.com
- Privacy and ARCO rights: privacy@tohkn.com
- Compliance/AML: compliance@tohkn.com
35.2 Hours and Response Times.
Support is provided on business days from 9:00 a.m. to 5:00 p.m. (GMT-6, El Salvador).
MIO3 will issue an acknowledgment of receipt within fifteen (15) business days and will endeavor to issue a resolution or update within thirty (30) business days, in accordance with Section 27 (Procedure for Complaints or Claims).
35.3 Formal Notices.
Unless the law requires another form, notices and legal communications will be deemed valid if made in writing to legalnotices@tohkn.com.
The User agrees to receive electronic notices (email, notices in the App/Website), in accordance with Section 1 (Modification of Terms) and Section 26 (Governing Law, Jurisdiction, and Dispute Resolution).
35.4 Language of Support.
Support is provided in Spanish and English. In the event of a discrepancy, the Spanish-language version of these Terms will prevail (see Section 34.4).
35.5 SMS Messages/Calls.
You authorize the use of SMS/calls for authentication and operational notices. Your carrier's charges may apply. MIO3 does not guarantee delivery or continuous availability of these channels.
The User agrees to receive notices about disputes/chargebacks and requests for documentation through the registered channels.
36. Term, Updates, and Electronic Acceptance
36.1 Effective Date and Updates.
These Terms and Conditions take effect as of their date of publication on the Platform and on the official website tohkn.com/legal.
MIO3 may update, modify, or revise these Terms at any time, in accordance with Section 1 (Modification of the Terms and Conditions).
The version in effect will always be available in the legal section of the Platform and will take effect as of its publication date.
36.2 Electronic Acceptance.
By registering, accessing, or continuing to use the TOHKN Platform, the User states that they have read, understood, and fully accepted these Terms and Conditions, granting their express consent.
36.3 Retention of Prior Versions.
MIO3 will maintain a historical record of prior versions of these Terms and Conditions for reasons of transparency and audit, which will be available for review upon formal request to legalnotices@tohkn.com.
36.4 Date of Last Update.
The date of the last update to these Terms and Conditions is shown at the beginning of this document.