Terms and Conditions
Last update: 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 duly incorporated and existing under the laws of the Republic of El Salvador. MIO3 is registered and authorized by the National Commission of Digital Assets, 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 Central Reserve Bank (“BCR”) under registration number 68bb6333e8a00a3181b98c68 and supervised by the Superintendency of the Financial System (“SSF”), in accordance with applicable Salvadoran legislation.
In exercising 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,” “your,” or “User”) and TOHKN, a registered trademark of MIO3. These Terms also constitute the End User License Agreement (“EULA”) applicable to the use of the Apps. Appendices 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 declares that they have read, understood, and fully accepted these Terms and Conditions. Acceptance is perfected by the User's confirmation of their intent, which is considered validly given when they: (i) click on the button, checkbox, or link indicating their acceptance (“I Accept,” “I Agree,” “Sign Up,” or equivalent), or (ii) continue using the Platform or accessing its services after these Terms have been made available to them. In either case, the User grants their express, informed, and binding consent electronically, in accordance with the laws of the Republic of El Salvador, as well as with applicable international principles and standards for electronic contracting.
TOHKN is the only platform officially affiliated with MIO3 and is designed as a comprehensive, regulated ecosystem for investing in digital assets. Using TOHKN requires opening and using a digital wallet held in custody by MIO3 (the “TOHKN Wallet”).
Through the Platform, the User can access services for buying and selling digital assets in primary and secondary markets, exchange (exchange) between cryptocurrencies and fiat money, secure custody of digital assets and, where applicable, receipt of returns derived from investments in digital assets, all 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 any 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 their entirety. Your continued access to or use of the Platform constitutes your express, free, and informed consent to and binding acceptance of these Terms. If you do not agree with any of these Terms, you must immediately and permanently refrain from accessing or using the Platform or any of its services.
1. Modification and validity of the Terms and Conditions
MIO3, as the 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 significantly affect the User's rights or obligations) or non-material (editorial, clarifying, stylistic adjustments, or security enhancements). When a modification is required for security reasons, regulatory compliance, fraud prevention, or by order of a competent authority, MIO3 may implement it immediately, informing the User as soon as possible.
Material changes will take effect seven (7) calendar days after their publication on the Platform and/or the notification sent to the registered email address; non-material changes will take effect upon publication. MIO3 will maintain a version history with their effective dates. When a modification requires updating the App (iOS/Android), the notification will be considered effective upon the availability of the new version in the corresponding app store.
Continued use of the Platform after the effective date will constitute acceptance of the modifications. For specific material changes (including, but not limited to, applicable law and jurisdiction, dispute resolution mechanisms, and base fee structure), MIO3 may require your express acceptance again 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.
In case of discrepancy between versions or translations, the Spanish version with the most recent effective date will prevail.
Policies incorporated by reference (including the Acceptable Use Policy (AUP), Privacy, Cookies, AML/KYC, People) Prohibited and Restricted Jurisdictions, and Rates) will be updated in accordance with this clause.
2. Platform Use and License (EULA)
This section regulates access to and use of theMIO3 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 for 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 exclusively for personal, legitimate purposes and in accordance with applicable law and these Terms.
The User may not, directly or indirectly:
Copy, modify, distribute, sublicense, rent or resell the App or its code. Perform reverse engineering, decompile, disassemble, or attempt to obtain the source code. Using the App or Platform for unauthorized commercial purposes, benchmarking, or to develop competing products or services. Introducing, distributing or using viruses, malware, bots, Trojans, exploits, denial-of-service (DoS) attacks or any other mechanism that compromises the security, stability or availability of the Platform. Interfering with or attempting to access without authorization restricted areas, MIO3 computer systems, or confidential third-party information. Using unauthorized automated tools or methods,including webscraping,data miningandcrawling, to collect information or access the Platform.. The license will remain in effect as long as the User has an active TOHKN Account and may be revoked at any time by MIO3 in case of breach of these Terms or misuse of the Platform.
2.2 User Obligations.
To use the Platform, the User declares and warrants that:
He is at least eighteen (18) years old or the legal age of majority in his jurisdiction. He has full legal capacity and is fully empowered and authorized under applicable laws to subscribe to these Terms and Conditions and use the Platform's services. You will provide truthful, complete and up-to-date information when registering and at all subsequent times. You will be responsible for the security of your devices, credentials, and authentication methods associated with your TOHKN Account. You will use the Platform solely for personal and legitimate purposes, within the framework of permitted digital asset investments. It will comply with applicable laws regarding the prevention of money laundering, terrorist financing, financial fraud, international sanctions and data protection. It will keep its operating systems, browsers and applications up to date, adopting reasonable technological and cybersecurity measures.
2.3 Unacceptable Use (AUP).
It is strictly forbidden:
Using the Platform to carry out illegal or fraudulent activities, including those related to money laundering, terrorist financing or tax evasion. Performing and/or participating in market manipulation, self-buying/self-selling operations (wash trading), spoofing, order layering, front running or other practices that distort prices or liquidity. Transferring or attempting to transfer funds or digital assets of illicit or unverifiable origin. To circumvent geographic control measures, international sanctions, or KYC/AML checks. Assign, transfer, or share your account or credentials with third parties. Introducing malicious code or software, or performing actions that affect the performance or integrity of systems. Accessing restricted areas or third-party data without authorization. Performing 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 implies the automatic activation of a digital wallet held in custody by MIO3 (TOHKN Wallet), this being the only native digital wallet authorized to operate within the Platform.
Linking external digital wallets to the Platform or operating external keys from the TOHKN interface is expressly prohibited. However, the User may send or receive digital assets to/from external wallets exclusively 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.
Failure to comply with these obligations may result in the immediate suspension or definitive closure of the TOHKN Account, without prejudice to any applicable legal, civil, administrative or criminal actions.
MIO3 may retain or freeze digital assets while investigating possible violations of these Terms, or when there is reasonable evidence of illegal or fraudulent activity.
2.6 License Requirements and LimitationsAccess.
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), informs that certain Platform Services may be subject to licensing requirements, regulatory authorizations or jurisdictional restrictions imposed by laws or provisions in force in certain countries.
If the laws, regulations, or competent authority in the User's jurisdiction prohibit, restrict, or require additional licenses for the provision of a Service that MIO3 does not possess 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:
the temporary suspension of affected functionalities; the restriction of access to specific operations, products or features; or the 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 law, of any relevant changes resulting from local regulatory restrictions. The application of these measures will not affect previously undertaken obligations, except where 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 corresponding store (Apple App Store or Google Play). In case of conflict, this EULA will prevail, except for mandatory store provisions. See Appendix A.
3. Registration and Opening of a TOHKN Account
To access and use the TOHKN Platform, the User must create a personal and non-transferable account (the “TOHKN Account”) by providing truthful, complete, accurate and up-to-date information at all times.
Registration implies acceptance of these Terms, as well as the supplementary policies incorporated by reference (Acceptable Use Policy (AUP), Privacy, AML/KYC, Cookies, Prohibited Persons and Restricted Jurisdictions).
The User declares and warrants that:
He is at least eighteen (18) years old or the legal age of majority in his jurisdiction. It has full legal capacity to enter into contracts and assume obligations. He is not included on international sanctions lists nor is he a resident of restricted jurisdictions under the policies of MIO3 or international organizations (OFAC, UN, EU, FATF, or others). It will fully cooperate with the identity verification (KYC) and anti-money laundering/anti-terrorist financing (AML/CFT) processes implemented by MIO3.
3.1 Approval of accounts.
MIO3 reserves the right, at any time and at its sole discretion, to:
Approve, reject or cancel account opening requests, in accordance with its internal policies, the Law for the Issuance of Digital Assets and other applicable legal framework. 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). Preventively suspend an account when there are indications of irregularities, suspicions of non-compliance or illegal activities, notifying the User when appropriate. Cancel accounts in case of breach of these Terms and Conditions or illegal activity.
3.2 Corporate accounts.
Users may register a corporate account in the name of a legal entity, provided they prove its legal existence and the valid representation of the person acting on its behalf.
MIO3 may request documentation identifying the ultimate beneficial owner (UBO), organizational structure, administrator credentials, and current legal powers of attorney. Corporate accounts are subject to evaluation and may be rejected at MIO3's discretion, unless otherwise required by law.
3.3 Authorized Users.
The holder of a corporate account may designate one or more Authorized Users to act on their behalf within the Platform, including access, management and execution of operations.
The account holder will be fully responsible for all acts, transactions, or omissions of their authorized Users, including those performed improperly, negligently, fraudulently, or in bad faith.
All authorized users must undergo the same KYC/AML verification procedures applicable to the owner.
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 generating any obligation of prior notice or liability, when it considers it necessary for reasons of security, fraud prevention, regulatory compliance, or in any other circumstance that reasonably justifies it.
The exercise or omission of the exercise of this power will not, under any circumstances, give rise to liability on the part of MIO3 for damages or losses that may arise for the holder of the Account or for third parties.
3.4 Truthfulness of the information.
Providing 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 that supports the lawful origin of the funds in order to verify the identity of the User, the legitimacy of their operations.
Failure to comply or lack of cooperation during these processes authorizes MIO3 to restrict operations or temporarily freeze digital assets in the Account, in compliance with current regulations.
3.5 Continuous 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 limit, market conditions, and operational availability.
4.1 Buying and Selling Digital Assets.
The ability to buy and/or sell Digital Assets (including cryptocurrencies, Bitcoin (BTC), and tokens backed by real-world assets, known as RWAs, collectively referred to as “Digital Assets”) using fiat currency, Bitcoin, and stablecoins, such as those pegged to the United States dollar (USD), when enabled, as payment methods. Execution is based on market mechanisms and is subject to liquidity, operating limits, compliance validations, and available price sources. The User acknowledges that conversion spreads, price slippage, and price variations between instruction and execution may occur.
4.2 Exchange Service.
Digital Assets exchange within the Platform between fiat currency 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 Placement of Digital Assets (Primary Market and Secondary Market).
Acquisition of Digital Assets in accordance with these Terms and the applicable issuance documentation (which will include, as applicable, Relevant Information Document, offering terms, restrictions, risks, and timeline). In case of conflict, the issuance documentation for the specific Digital Asset will prevail.
4.4 Digital Assets Transfers.
Secure and verified management of Digital Assets 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 event of risk or non-compliance.
4.5 Custody.
Placement 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 assets, and are not subject to claims by its creditors.
MIO3 does not have access to the User's assets except for:
by valid instruction of the User; a mandate from a competent authority; or the implementation of reasonable security or compliance measures provided for in these Terms.
4.6 Order Execution.
Execution of buy, sell, convert, 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 can consult the traceability and status of their transactions on the Platform.
For the 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 TOHKN Account holder will retain ownership, control, and economic rights over the digital assets deposited in their TOHKN Wallet at all times. This deposit does not, under any circumstances, imply a transfer of ownership of the Digital Assets to MIO3, nor does it constitute an irregular deposit, loan, mutual agreement, mandate, or assignment of ownership in favor of MIO3.
MIO3 acts solely as a provider of technological infrastructure and/or custodian for the handling, registration and execution of transactions within the Platform, in accordance with the instructions of the Account holder and the operating rules established in these Terms.
4.7 Application of Yields.
The returns generated by the Digital Assets acquired through the Platform will be credited to the User's TOHKN Account, exclusively in accordance with the conditions, terms and schedule established in the issuance documentation of the Digital Assets or the corresponding tokenized instrument. Neither TOHKN nor MIO3 guarantee the amount, existence, or periodicity 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.Consequently, returns and their payment dates may vary or not occur, depending on the decisions, results or compliance of the underlying issuer of the Digital Asset.
4.8 Records and Vouchers.
Access to a detailed and up-to-date record of acquisitions, transactions, and performance. This record constitutes operational evidence on the Platform and may be used as proof for inquiries and audits.
4.9 Limitations and Disclosures.
The User agrees to the following:
The availability of assets, trading pairs, funding/withdrawal channels and functionalities may vary without prior notice due to market conditions, risk, maintenance or compliance decisions. Operations may experience delays due to network congestion, compliance validations, or third-party disruptions. Applicable fees/charges are published at tohkn.com/legal/fees and may affect the actual execution price. When an operation 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 Sources of price and better execution.
Prices and exchange rates are sourced from suppliers, aggregators, and external market sources; they may include conversion spreads and be subject to price slippage.
MIO3 does not guarantee the best available market price for each transaction, nor does it act as a broker, intermediary, advisor, or market maker (broker, dealer or market maker). Unless expressly stated otherwise on the Platform interface, all quotes are merely indicative, and the final price applicable will be that in effect at the time of the actual execution of the transaction.
Purchases of Digital Assets using reversible fiat payment rails may be subject to a temporary withdrawal restriction (“no withdrawal”) until confirmation and closure of the reversal windows of the corresponding payment method.
Neither MIO3 nor TOHKN provide investment advice, nor do they act, except by express declaration and specific license, as a broker, dealer, investment adviser or market maker of the User.
4.11 Listing, delisting and scheduled retirement (sunset) of Digital Assets.
MIO3 may list, delist, suspend or modify the availability of certain Digital Assets, either 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 notifyUsersin advance of the delisting process and enable a temporary 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 execute the delisting or suspension immediately and without prior notification, adopting the necessary measures —including technical conversion, migration or operational closure— to protect Users and preserve the integrity of the system.
When technically or regulatoryly required, MIO3 may perform a conversion or technical migration of the affected asset. In such cases, and whenever feasible, the User will be offered a substitute asset with equivalent characteristics or will be credited the corresponding value in accordance with the conditions in effect at the time of the measurement.
MIO3 will keep an electronic record of the actions taken and the criteria applied in each case.
4.12 Unsupported assets and protocol functions.
Unless expressly stated otherwise on the Platform, the TOHKN Wallet related to the TOHKN Account does not support certain protocol features or functions associated with certain Digital Assets, including, but not limited to: airdrops, rebases, inscriptions, additional tags or memos, "native" protocol staking, token wrapping/unwrapping, or interactions with specific smart contracts.
Any attempt to use these functions to or from the TOHKN Wallet related to the TOHKN Account is done at the User's sole responsibility and risk, and may result in partial or total loss of the asset, transaction delays, or failure to credit.
MIO3 may reject, withhold or reverse (where technically possible) unsupported Digital Asset transactions or entries, without assuming any obligation to credit, restore or compensate for assets or rights derived from such functions.
4.13 Fiat and card payment methods; provisional credit, availability and reversal
4.13.1 Definitions.
Fiat Riel(s):any local or international currency payment rail (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. Cards:payments with debit/credit cards processed by local or international acquirers or gateways. Provisional Credit:Conditional accreditation, subject to reversal windows, refunds or chargebacks according to Fiat/Card Rail rules and MIO3 risk/AML controls. Definitive Credit:firm and irreversible accreditation once the applicable windows have elapsed and the risk/AML controls have been passed.
4.13.2 Nature of the credit and restricted use.
All payments received via Fiat Payment Rails or Cards will initially be credited as Provisional Credit. While it retains this status, MIO3 may limit, withhold, or defer (i) withdrawals to bank accounts, (ii) on-chain withdrawals or withdrawals to external wallets, (iii) internal transfers, and (iv) secondary market orders, in whole or in part.
4.13.3 Windows and release.
The transition from Provisional Credit to Definitive Credit will occur once (i) the reversal/chargeback windows for the used rail 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 → withdrawal to bank account.
4.13.4 Card Payments.
Card purchases: (i) may only be used 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 return to the same instrument; and (iii) are subject to chargebacks, representations, and recoveries. In the event of a chargeback, MIO3 may debit the balances, offset, or reverse assets acquired with those funds.
4.13.5 Suppliers and third-party rules.
MIO3 will be able to use banks, cameras, acquirers and/or payment gateways. The availability of funds, cut-off times, refunds and collections are governed by their own rules, and in conjunction with the provisions of these Terms.
4.13.6 Availability advertising.
Credits made through Fiat Payment Rails may be shown as "available" for informational and conditional operation purposes; this does not imply effective availability for withdrawal or external transfer until the credit acquires the status of Definitive Credit.
4.13.7 Preventive retentions.
MIO3 may apply risk withholdings or reserves on payments and/or on Digital Assets acquired with Provisional Credit, for the period reasonably necessary to mitigate risks of fraud, chargeback or default, and complete AML/EDD verifications.
4.13.8 Off-chain reversal.
If a fiat credit is returned or reversed, MIO3 may reverse the credit, debit the User's balances, offset, generate a negative balance due and retain assets until regularization (see 18).
4.14 Crypto Rails and Digital Asset Payments; Auto-Conversion and Settlement Currency
4.14.1 Definitions.
Crypto Rail(s):channels or mechanisms for deposits and internal transfers of Digital Assets (including stablecoins) to and between accounts within the TOHKN Wallet. Technical Confirmation:The moment when the blockchain network reaches the threshold of confirmations that MIO3 considers sufficient to credit a crypto deposit.
4.14.2 Crypto payments.
The User may pay for transactions using Digital Assets previously deposited into their TOHKN Wallet (e.g., stablecoins, BTC, or other supported assets). When the transaction is denominated in USD or another currency, the Platform may automatically convert the payment asset to the required nominal equivalent, in accordance with the Exchange's rules and applicable fees (Section 20).
4.14.3 Assessment and implementation.
Auto-conversion is performed at the exchange rate available at the time of execution, which may include a spread and is subject to slippage. Displayed quotes are indicative; the final price is the execution price (see 4.10 and 7).
4.14.4 Settlement currency/asset.
Unless otherwise indicated on the interface, MIO3 may settle the transaction in (i) USD or (ii) the asset/currency selected by the User if the corresponding pair is supported by the Platform TOHKN. When the payment asset is not the settlement currency, the Platform will perform the corresponding automatic conversion.
4.14.5 Confirmations, compliance and retentions.
Deposits made via Crypto Rails are considered final after Technical Confirmation and compliance validations. MIO3 may temporarily hold assets if there are risk indicators (e.g., dubious origin, AML alerts/sanctions), even if the deposit is confirmed on the blockchain (see 11, 12.3, 13.3, and 22). MIO3 will not be liable for deposits to incorrect addresses, unsupported networks, or deposits lacking the required data (e.g., memos or tags).
4.14.6 Unsupported functions.
The limitations of Section 4.12 apply (airdrops, memos, rebases, etc.). Attempts to use unsupported features are the sole responsibility of the User.
4.15 Beta features and early access.
MIO3 may, at its discretion, offer 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 on the Platform interfaces.
5. Custodial Digital Wallets
Digital wallets created exclusively within the TOHKN Platform are the only authorized and recognized wallets for interaction and operation within the Platform.
These wallets (the “TOHKN Wallets”) are custodial digital wallets, which means that the Digital Assets deposited in each TOHKN Wallet remain under the custody of MIO3, keeping such assets in segregated and secure custody structures.
In this condition, MIO3 safeguards TOHKN Wallets in accordance with security protocols, operational continuity and regulatory compliance at the institutional level, including the applicable obligations regarding Anti-Money Laundering (AML), Counter-Terrorist Financing (CTF) and other current legal and regulatory provisions.
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 its complementary regulations issued by the National Digital Asset Commission (CNAD), the Central Reserve Bank of the Republic of El Salvador (BCR) and the Superintendency of the Financial System (SSF).
The User acknowledges and accepts that they may not link or operate external digital wallets with the Platform, nor transfer Digital Assets by 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.
The Digital Assets placed in the TOHKN Wallets are and will remain the exclusive property of the User. MIO3 acts solely as custodian thereof, without acquiring the right of free disposal over the Digital Assets placed 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 and holder thereof. This presumption applies for all legal and operational purposes within the Platform, without prejudice to the identity verification, succession, or claim procedures established by MIO3 or applicable regulations.
The Digital Assets placed in TOHKN Wallets are segregated from the MIO3 equity and cannot be used,neither be taxed norMIO3 may be used for its own purposes or those of third parties. MIO3 will not be subject to creditor claims nor will it form part of any insolvency or liquidation proceedings.
MIO3 will maintain individualized and auditable records of each User, supported by cryptographic verification mechanisms and accounting reconciliation controls.
Rights of the holder.The User, as the holder of the TOHKN Account, retains all rights over the deposited Digital Assets, including the power to withdraw, transfer, sell or manage them, in accordance with:
The technical and operational conditions of the Platform. The legislation and regulations in force in the Republic of El Salvador. MIO3's internal controls for compliance, security, and risk management. These rights may be temporarily limited by regulatory processes, audits, or AML/CFT preventive measures, which will be notified to the User when possible.
5.2 Security, Access and Operations Control.
Access to and use of the TOHKN Account is managed through multi-factor authentication mechanisms, data encryption, reinforced 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 operations 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 operation or access when, at its reasonable discretion, there are operational risks, technological incidents, cybersecurity threats, suspicion of illicit 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 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:
By express instruction of the User, through orders issued from their TOHKN Account. In compliance with a judicial or administrative order issued by a competent authority. In exceptional situations provided for in these Terms or in the applicable regulations. To adopt good faith and reasonably necessary measures aimed at protecting the security of the assets in custody, including temporary access limitations, operational adjustments or proportionate risk mitigation actions. In all cases where restrictive or dispositional measures are adopted for security or compliance reasons, MIO3 will notify the User, unless a competent authority orders otherwise or such notification compromises the effectiveness of the measure.
Under no circumstances will MIO3 make unauthorized transfers or use the Digital Assets for purposes other than those expressly stated in these Terms.
5.4 Audit and compliance control.
MIO3 maintains regular compliance controls and external security and custody audits, in accordance with international standards. Custody, operational, and reconciliation records will be available for review by the competent authorities.
MIO3 may employ sub-custodians or specialized providers (custodial infrastructure, HSM, “key management”), under equivalent confidentiality and security obligations. The use of third parties does not alter the User's ownership or asset segregation.
5.5 Audits, attestations and reserve tests.
MIO3 maintains compliance and security reviews on a regular basis and may, at its discretion, publish reports, custody attestations and/or results of reserve tests performed by independent third parties.
Unless otherwise required by law or instructed by an authority, MIO3 does not adhere to a fixed publication schedule nor guarantee the technical scope of such reviews. All disclosures are made for operational transparency purposes and do not constitute a guarantee regarding the future behavior of networks, issuers, or third parties.
5.6 Limitation of responsibility.
MIO3 assigns the TOHKN Account holder a TOHKN Wallet and manages 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.
However, 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 alterations that may affect its operation.
The User understands and accepts that the use of the TOHKN Platform and Digital Assets involves inherent risks associated with the decentralized nature of blockchain networks, market conditions and dependence on external technological infrastructures, and that access to and use of the Platform is carried out under their sole responsibility and risk.
In no event shall MIO3 be liable to the User or to third parties for any losses, direct, indirect, incidental, special, punitive or consequential damages, or for loss of profits, loss of data, loss of opportunity or business interruption, arising out of or related to the use, inability to use or malfunction of the TOHKN Platform, even if MIO3 has been advised of the possibility of such damages.
Similarly, MIO3 will not be responsible for blocks, limitations or restrictions imposed by competent authorities, nor for events of force majeure or fortuitous event, failures in the blockchain network, interruptions in the services of third-party providers, or for acts, omissions or erroneous configurations of the user himself.
The User acknowledges and accepts 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, the complementary policies of MIO3, and the terms and policies of the corresponding application stores and technology providers.
5.7 No deposit insurance or guaranteed return.
Digital Assets held in custody or traded through the TOHKN Platform do not constitute bank deposits or traditional financial instruments, and do not generate guaranteed returns.
These assets are not covered by any deposit insurance scheme, nor by fiduciary, governmental or third-party guarantees in El Salvador, nor by equivalent mechanisms in other jurisdictions.
The User acknowledges and accepts that the ownership, custody or use of Digital Assets entails 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 reimbursement, profitability, appreciation or convertibility with respect to said assets.
The custody and use of Digital Assets within the Platform is carried out under the sole responsibility and risk of the User, in accordance with these Terms and Conditions and applicable regulations.
5.8 Nature of stablecoins.
The 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 technological infrastructure, and the corresponding market.
MIO3 does not issue, back, guarantee or assure 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 depends on third-party issuers and market conditions, and that these circumstances may affect the liquidity or convertibility of stablecoins deposited or traded on the Platform.
6. Digital Asset Exchange and Conversion Service
The MIO3 Exchange Service allows Users to perform immediate and transparent currency conversion operations between the following pairs:
Cryptocurrencies and fiat money (such as USD), and vice versa. Cryptocurrencies eligible to each other, including direct pairs (e.g., BTC ↔ USDT) and indirect pairs through an intermediate asset (e.g., BTC ↔ USDT ↔ SOL).
6.1 Nature of the service.
The Exchange is a feature integrated within the Platform, designed to facilitate the purchase, sale and conversion of Digital Assets of Users with TOHKN Accounts.
The Exchange operates as an internal conversion service, through which MIO3 can execute orders directly or through authorized third-party liquidity providers or platforms, always ensuring custody and recording of the results in the User's TOHKN Account.
MIO3 acts as a Digital Asset Service Provider and authorized Bitcoin Service Provider for the execution of conversions according to availability and market conditions.
6.2 Execution of orders.
All exchange operations are carried out under market mechanisms, subject to asset availability, existing liquidity and the operating limits defined by MIO3.
Applicable prices will be determined from verifiable 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 out in Section 12.2 and will be executed at the exchange rate in effect at the time of execution.
The results of the operation will be reflected in real time or delayed, 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 operation code. The User will be able to access an auditable and exportable history of all their conversions, as well as electronic receipts for the transactions carried out.
MIO3 will retain full traceability of operations for the purposes of regulatory compliance and external audits.
6.4 Limitations.
MIO3 may, at any time and at its discretion:
Restrict available exchange pairs. Establish limits on amount, frequency, or volume for reasons of security, liquidity, or compliance. To reject or suspend transactions that it considers risky, irregular or contrary to current legislation. Adjust or temporarily pause the service for maintenance, technological contingencies, or regulatory decisions.
6.5 Risks and disclaimer.
The User acknowledges and accepts that:
Exchange operations are subject to price volatility, liquidity variations, and market fluctuations beyond MIO3's control. Neither MIO3 nor the TOHKN Platform guarantee prices, continuous availability, or instant execution. MIO3 will not be liable for economic losses arising from price variations, network delays, User errors or external factors. The exchange rates published on the Platform are indicative and may vary between instruction and execution. The User fully assumes the market and technological risks inherent in the conversions and accepts the execution conditions established in these Terms.
6.6 Hard forks, airdrops, rebases and network migrations.
MIO3 may, at its reasonable discretion, allow or not allow hard forks, airdrops, rebases, ticker changes, or network migrations.
In the event of network events, MIO3 will be able to:
determine the canonical string for operational purposes; temporarily pause conversions, deposits or withdrawals; do not accept resulting assets when there is an operational, compliance or security risk. The User acknowledges that they may not receive certain assets or functionalities resulting from such events if they are not supported by MIO3.
6.7 Deposits/withdrawals with tags (tag/memo) or other metadata.
Deposits/withdrawals that require specific labels, memos, notes, messages, or identifiers may not be processed if the User omits such information. Neither TOHKN nor MIO3 guarantees the recovery of funds due to errors in these requirements.
6.8 Auto-conversion as part of execution.
The auto-conversion described in 4.14 is part of the Exchange's execution flow. MIO3 does not guarantee the best available market price or instant execution. Auto-conversion may affect the effective price by the sum of spread, slippage, and fees (see4.10 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.
MIO3 acts as a Digital Asset Service Provider, and not as an issuer or offeror of such assets. Available offerings may be subject to authorization, registration, or supervision by the CNAD in accordance with applicable law.
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 through a Public Offering or a Private Offering according to the provisions of the Digital Assets Issuance Law of the Republic of El Salvador.
The User participates in the initial offering under the conditions, terms, risks and restrictions set out in the corresponding issuance documentation, including but not limited to the Relevant Information Document (RID), offering circular, white paper or token terms, among others.
MIO3 may act as a technology placement and custody agent, ensuring the secure execution of the operation and the delivery of the digital asset to the User's TOHKN Wallet once the subscription and validation process is completed.
7.2 Conditions for the purchase of Digital Assets.
The means of payment for the purchase of Digital Assets, in the primary market, will be fiduciary currency or eligible cryptocurrencies, unless otherwise stated in the issuance documentation. Each issuance defines its denomination through its corresponding documentation. When the User uses a different payment method, the Platform may perform the necessary conversion to settle the purchase in the currency of the issuance.
The User acknowledges and accepts that:
The acquisition is subject to the terms, conditions, and restrictions defined in the issuance documentation. The acquired assets will be placed exclusively in theirTOHKN Wallet, under the custody of MIO3. The rights, benefits, returns or associated flows will depend solely on the provisions of the issuance document of the corresponding asset. Once the subscription or payment is confirmed, the order is considered irrevocable, unless otherwise provided by law or contract. MIO3 may establish minimum or maximum investment amounts, subscription windows, and settlement periods according to the asset and market conditions.
7.3 Transparency and registration.
All the purchases made in the primary market will be registered electronically on the Platform, with proof of:
Date and time of acquisition. Identification of the acquired asset. Amount and method of payment. Applicable fees or charges. Statement of settlement and credit. These records constitute operational and auditable evidence, and will prevail over any other proof in case of discrepancy.
The User will be able to access a detailed history and electronic receipts of all their transactions from the Platform.
7.4 MIO3 Faculties.
MIO3 may, at any time and for justified reasons:
Determine the offers or Digital Assets available for acquisition. To suspend, modify or cancel an ongoing offer due to security risks, regulatory non-compliance or instructions from a competent authority. Reject acquisitions that do not comply with KYC/AML/CFT requirements, User documentation, or legal provisions. Adjust settlement or accreditation deadlines in the face of technological or regulatory contingencies. Where possible, MIO3 will notify the User about the suspension or cancellation of an offer prior to its execution or settlement.
7.5 Risks and responsibility.
The User acknowledges and accepts that:
Digital Assets available on the primary market are issued by third parties, and MIO3 is not responsible for their value, profitability, liquidity, or compliance. MIO3 does not guarantee the future commercialization, resale or appreciation of the acquired digital asset. Offers may be subject to market, technological and regulatory risks, as described in the issuance document. 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 defaults, or variations in the value of acquired assets.
7.6 Conflicts with issuance documents.
In case of discrepancy between these Terms and the documentation for issuing a digital asset (Relevant information Document, whitepaper or token terms) the documentation will prevail over these Terms. These Terms will apply to matters not covered by said documentation.
8 Digital Asset Sales 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 through secondary transactions, within a secure, custodial, and regulated environment. Secondary Market transactions are executed exclusively between Users registered on the Platform, using their respective TOHKN Accounts.
MIO3 does not act as a counterparty, broker, market maker, or liquidity guarantor, but rather as the operator of the technological infrastructure that enables the secure execution and settlement of transactions. Its role is limited to providing the technological, custody, and settlement infrastructure, ensuring the operational integrity of transactions, and monitoring compliance with applicable regulations.
8.1 Nature of the service.
This service corresponds to the purchase and sale after the initial issuance, that is, to secondary market operations that allow the direct transfer of Digital Assets between Users within the Platform.
Transactions are executed according to the conditions defined by the selling User and accepted by the buyer, within the operational, compliance and security limits established by MIO3.
8.2 Terms of sale.
Sales transactions may be settled using the following payment methods:
Eligible fiat money determined by MIO3. Eligible cryptocurrencies as determined by MIO3. To complete a 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 while there is a current sell order for them. The buyer must have sufficient funds in their TOHKN Account. MIO3 will freeze the Digital Assets in the buyer's TOHKN Account while a purchase order exists. Once the order is confirmed, the transaction will be considered irrevocable, except in cases of legal provision or technical error verified by MIO3. The settlement and transfer of assets will be carried out within the operational timeframes established by MIO3, which may vary depending on the blockchain network and compliance validations. MIO3 may apply limits on amount, frequency or volume per User or per asset type, in compliance with its AML/CFT or risk management policies.
8.3 Transparency and registration.
All transactions carried out in the secondary market will be recorded electronically on the Platform, indicating:
Traded digital asset. Transaction price in USD or its equivalent. Date, time and operation number. Applicable fees or charges. Liquidation status. The records generated by MIO3 constitute operational and auditable evidence. The User can access a detailed history and electronic receipts for all their transactions from the Platform.
8.4 MIO3 Faculties.
MIO3 may, at its reasonable discretion and in accordance with current regulations:
Determine which Digital Assets are eligible for trading on the secondary market. Establish limits or operating parameters to ensure the stability and security of the system. Suspend, limit or cancel operations in case of suspected fraud, market manipulation, misuse of privileged information or regulatory non-compliance. Temporarily modify the availability of the service for technical, regulatory or systemic risk reasons. When possible, MIO3 will notify the User about the suspension, cancellation, or adjustment of the affected operations.
8.5 Risks and Disclaimer.
The User acknowledges and accepts that:
Secondary market transactions are subject to price fluctuations, liquidity variations, and counterparty risks. MIO3 does not guarantee the existence of buyers or sellers, nor the price stability or liquidity of the traded Digital Assets. The quotes published on the Platform are indicative and may vary between the instruction and the execution of the order. MIO3 does not assume responsibility for losses arising from investment decisions, market variations, or user errors. In the event of technological failures, network congestion or force majeure, MIO3 may defer settlement or adopt temporary protection measures. The User assumes all risks inherent in the trading of Digital Assets and expressly releases MIO3 from any claim for fluctuations in value, delays or lack of liquidity.
8.6 Effects of delisting on the secondary market.
If an asset is delisted, MIO3 may cancel existing orders, pause trading, and, where possible, enable a window for the withdrawal or liquidation of the asset. The User acknowledges that a lack of liquidity or regulatory restrictions may limit the available options.
8.7 Market behavior.
Any market manipulation practices are prohibited, including, but not limited to, wash trading, spoofing, order layering, front running, and trading based on material non-public information (MNPI). MIO3 may suspend, cancel trading, or restrict accounts if it has reasonable grounds to suspect such conduct and will report it to the appropriate authorities.
9 Account Security and Protection This section regulates the technological, operational and custody security measures applicable to TOHKN Accounts and Digital Assets under the custody of MIO3, as well as the obligations of Users 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 mandate.
MIO3 acts exclusively as custodian and administrator, under principles of asset segregation, in accordance with the Digital Asset Issuance Law, the Bitcoin Law, its respective regulations, the instructions of the Central Reserve Bank (BCR) and the applicable regulations of the Superintendency of the Financial System (SSF) of El Salvador.
MIO3 applies security protocols that include data encryption, multi-factor authentication, environment segregation, continuous monitoring of unusual activities, 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:
Activate and maintain the multi-factor authentication (2FA) mechanisms provided by the Platform. Protect the confidentiality of your credentials, passwords, keys, verification codes, and devices. Avoid reusing vulnerable passwords or passwords shared with other services. Keep your devices, browsers, and operating systems up to date, and avoid connections from unsecured networks. Immediately notify MIO3 (and in any case within the following 24 hours) of any unauthorized access, loss of credentials or suspicious activity through official channels. Do not delegate the use of the TOHKN Account or allow access by unauthorized third parties. Failure to comply with these obligations may result in the preventive suspension or closure of the account and the User's sole responsibility for any resulting damages.
9.2 MIO3 Faculties.
MIO3 may, without liability to the User and in order to safeguard the security of the system:
To temporarily suspend or restrict the TOHKN Account or certain operations when it detects unauthorized access or risks to the integrity of the Platform. Block individual transactions that show signs of fraud, impersonation, or regulatory non-compliance. Request additional documentation to restore access or verify the User's identity. Freeze Digital Assets preventively while an internal investigation or authority request is carried out. MIO3 will notify the User of any action taken, except when such notification would jeopardize the investigation or the security of the system.
9.3 Limitation of liability in matters of security.
MIO3 will not be responsible for:
Delays or inability to restore access when the User fails to comply with the verification procedures and requirements. Losses resulting from the User's negligence in protecting their credentials, access keys or devices. Consequences of using insecure networks, software, or equipment. Errors or failures inherent to blockchain networks, forks, congestion, failures, crashes or third-party vulnerabilities. Interruptions, cyberattacks, technological failures, interruptions or deficiencies in services provided by third parties, including telecommunications, internet, energy, cloud services, payment processors, SMS messaging, email or authentication providers. Events of force majeure or acts of God, including, but not limited to: 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 the reasonable control of MIO3. In all cases, the User acknowledges that the use of the TOHKN Platform entails inherent technological and financial risks that he assumes under his full and exclusive responsibility.
9.4 Limitation of liability on investment returns.
MIO3 does not guarantee returns, interest or profits derived from investments made through the TOHKN Platform.
The User expressly acknowledges and accepts that:
All investments involve inherent risks, including, but not limited to, partial or total loss of capital, as well as market fluctuations, technological and liquidity risks, even when projections, estimates or illustrative financial information are presented. Past performance is not indicative of future results. The information published on the Platform is for informational purposes only and does not constitute financial, legal or tax advice. The User is responsible for assessing the risks of their investment decisions and should hire independent advisors before carrying out any operation on the Platform. Under no circumstances will MIO3 assume responsibility for any losses, damages, or harm resulting from the investment decisions made by the User, nor for the performance, breach, cancellation, or modification of the Digital Assets acquired. The User declares that they invest voluntarily, with full knowledge, and at their own risk, releasing MIO3 from all liability related to the results of said investments.
9.5 Automation and authorized APIs.
Unauthorized automated access is prohibited. Integration via authorized APIs/SDKs will be subject to credentials, rate limits, data usage 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 provisions applicable in the Republic of El Salvador and in their jurisdiction of residence, nationality or location at the time of using the services.
Regulatory compliance is an essential pillar of MIO3's operation, which adopts international standards of transparency, integrity and prevention of money laundering and terrorist financing (AML/CFT).
10.1 User Obligations.
The User acknowledges and accepts that it is their sole responsibility:
Comply with local laws and regulations governing the use of Digital Assets and financial services. Use the Platform on your own behalf, refraining from acting as an intermediary, straw man or representative of third parties without authorization. Provide truthful and up-to-date information about your identity, nationality, tax residence and source of funds, and report any changes immediately. Comply with obligations regarding the prevention of money laundering, terrorist financing, fraud and tax evasion. Refrain from accessing or using the Platform from jurisdictions where MIO3 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 Compliance with MIO3.
MIO3 declares that it operates in accordance with the legislation in force in the Republic of El Salvador, including the Law on the Issuance of Digital Assets, the Regulations issued by the National Commission of Digital Assets (CNAD), the Bitcoin Law and its regulations, the Regulations of the Central Reserve Bank (BCR) and the Regulations of the Superintendency of the Financial System (SSF).
MIO3 also applies international regulatory compliance standards and industry best practices derived from organizations such as the Financial Action Task Force (FATF), FinCEN (USA), the European Union and OFAC (USA), including Know Your Customer (KYC/KYB) processes, 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 customers, countries, or transactions. Suspend, limit or deny access to the Platform when required by applicable regulations or internal risk policies.
10.3 Restricted jurisdictions.
MIO3 expressly reserves the right to restrict, suspend or deny access to 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, but not limited to, 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 their risk assessment.
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. Temporary freezing of Digital Assets until the legality of their origin and destination is verified. Report to the competent authorities, including the Financial Investigation Unit (FIU) or relevant international entities. MIO3 will not assume any responsibility for the inability to provide services when this derives from legal provisions, regulations, international sanctions or events of force majeure or fortuitous events that limit or restrict its operation in certain jurisdictions.
10.5 Inter-supplier transfers (Travel Rule).
For certain Digital Asset transfers, MIO3 may collect, verify, and transmit originator and beneficiary information (including, but not limited to, name, identifiers, and wallet addresses) to other Digital Asset Service Providers (DASPs), in accordance with international standards and applicable regulations. MIO3 may hold, reject, or cancel the transaction if the required information is insufficient, inconsistent, or unverifiable.
10.6 Data processing for Travel Rule.
The processing of personal data associated with the Travel Rule is carried out based on 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 or appearing on restricted lists (including, but not limited to, OFAC, UN, and EU). The User shall 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 law.
10.8 Prohibited Persons and Restricted Jurisdictions.
MIO3 will maintain a policy of prohibited persons and restricted jurisdictions 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 individuals 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.
These restrictions may include:
Withdrawal or transfer limits during AML/CFT checks. Preventive freezes by regulatory orders. Operational limitations resulting from technological upgrades, network failures, or scheduled maintenance. MIO3 will apply these measures proportionally and temporarily, seeking to minimize the impact on the User.
11.1 MIO3's powers for restriction or blocking.
MIO3 may restrict, freeze, or temporarily block access to a User's Digital Assets in the following cases:
When there is a judicial, administrative or regulatory order issued by a competent authority. When fraud, money laundering, terrorist financing, tax evasion or any other illegal activity is detected or there is reasonable suspicion of it. When the User violates these Terms or any applicable legal provision. When required for verification, auditing, or mitigation of operational or cyber risk. In cases of force majeure, technological failures or preventive measures intended to protect Digital Assets. When it does not compromise investigations or regulatory measures, MIO3 will notify the User and initiate a document review and validation process.
During this process, the assets will remain intact and under custody, and access to them will be restored once the legitimacy of the funds or regulatory compliance has been verified.
11.2 Limitation of liability.
MIO3 will not be liable for any losses, damages or injuries 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:
- External blockchain network failures or vulnerabilities;
- Interruptions in services provided by third-party custodians or processors; or
- Incidents beyond their reasonable control.
The User may submit evidence or documentation that supports the legitimacy of their assets, and MIO3 undertakes to evaluate such requests in accordance with its internal procedures and applicable legislation.
11.3 Asset segregation and protection against insolvency.
Digital Assets held in TOHKN Accounts:
They are not part of MIO3's assets. They may not be seized, encumbered, or used to cover obligations of MIO3. They will remain fully identified and separate from the rest of the company's operating assets. In the event of dissolution, liquidation or insolvency of MIO3, the Digital Assets held in custody will be returned to their owners, in accordance with the Platform's records, documentation proving ownership and applicable regulations.
12. Transactions, Order Processing and Execution
All transactions made through the TOHKN Wallet will be processed in accordance with the operating, security and compliance procedures established in these Terms and in current regulations.
12.1 Types of orders.
The User may place the following orders within the TOHKN Platform, subject to service availability:
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. Orders to buy or sell Digital Assets in primary and secondary markets. Exchange orders between cryptocurrencies and fiat money. All orders will be executed in accordance with MIO3's internal protocols, the conditions of the relevant blockchain network, and applicable compliance policies (KYC/AML/CFT).
12.2 Irrevocability of transactions.
Once confirmed on the blockchain network or validated internally by MIO3, transaction orders will be final and irrevocable, except in the cases expressly provided for in these Terms or when required by a formal instruction from a competent authority.
The User acknowledges and accepts that:
Transactions sent to incorrect, inactive, incompatible or unverified addresses cannot be reversed, canceled or recovered. MIO3 will not be liable, under any circumstances, for the loss, inaccessibility or lack of accreditation of Digital Assets sent outside of its infrastructure or to addresses not controlled by MIO3. Any instruction or transaction issued from a TOHKN Account authenticated by the User's credentials, keys or authentication factors will be considered valid, authentic and authorized, regardless of who initiated it. In exceptional cases, and solely at MIO3's absolute discretion, Digital Assets erroneously sent to addresses within its own infrastructure may be subject to a technical recovery attempt, provided it is technically and operationally feasible. Such an attempt does not constitute an obligation, commitment, or guarantee of success, and does not generate any liability for MIO3 for the recovery, loss, delay, or damage resulting from the attempt or its omission. Any recovery, if carried out, will be performed according to 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 recovered amount. In no event shall MIO3 be liable for losses, damages, delays, shipping errors, network or protocol failures, forks, network congestion or technological vulnerabilities inherent in 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). User identity verification. Analysis of suspicious activity patterns. Compliance with KYC/AML/CFT policies and international sanctions (OFAC, FATF, UN, EU). MIO3 may temporarily hold or suspend a transaction if it detects anomalies, inconsistencies, or operational risks.
Each order will be recorded electronically, generating a visible receipt within the Platform, which will include the unique transaction identifier, time, amount, asset involved, and status. This record will constitute operational and auditable evidence.
12.4 Delays in execution.
The User acknowledges that transactions may experience delays due to causes beyond MIO3's control, such as:
Congestion or pending validation in blockchain networks. Maintenance or interruptions from external providers or payment gateways. Internal verification processes, AML review, or request for additional documentation. MIO3 will not be responsible for such delays.
In case of prolonged delays, the User may contact support to obtain information about the status of their order. MIO3 will address the issue within a reasonable timeframe, proportionate to the nature of the event.
Additionally, for security and custody purposes (including offline storage or segregated signing processes), certain orders may require additional processing windows. This does not constitute a breach of service.
12.5 Technical errors and fraud.
In the event of operational errors, technical failures, or recording inconsistencies that affect the correct execution or accounting reflection of a transaction, MIO3 may, at its sole and absolute discretion, and only when technically and operationally feasible:
- Reverse, cancel, adjust or correct the affected operation; or
- Modify the corresponding balances, leaving documentary evidence or verifiable electronic record of the process.
These actions will be carried out without constituting an obligation or acknowledgment of responsibility, and solely for the purpose of maintaining the integrity of the system, the traceability of records and operational fairness among Users.
To the maximum extent permitted by applicable law, MIO3 shall not be liable for any losses, damages, direct or indirect harm, loss of profits or loss of opportunity that may arise from:
- errors, interruptions or failures of software, network, protocol or technological infrastructure;
- decisions to reverse, correct, or adjust; or
- the technical impossibility or refusal to make such corrections.
In the event of detection or reasonable suspicion of fraud, identity theft, substantial error, money laundering, terrorist financing, illegal activity or misuse of the Platform, MIO3 may, without prior notice and without incurring any liability:
- Suspend, block, or cancel the transaction or the account involved;
- Temporarily hold Digital Assets or associated funds while internal verifications or compliance investigations are carried out; and
- Report suspicious facts or transactions to the competent authorities, including the UIF, CNAD or other entities as applicable according to regulations.
Such measures will be adopted on a preventive basis and without obligation to provide restitution, compensation or indemnification to the User, even if it is subsequently determined that the operation was legitimate or was not irregular.
12.6 Confirmation and operational records.
All transactions processed through TOHKN will be recorded electronically in MIO3's systems.
These records will include:
Exact date and time of issuance and execution. Unique order identifier. Amounts and assets involved. Confirmation or settlement status. These records constitute full evidence of the transactions carried out and will prevail over any external proof or informal communication.
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 Reversals and operational corrections.
In the event of operational failures, reading errors, or improper credits, MIO3 may make accounting adjustments, internal reversals, or balance corrections, leaving a traceable electronic record. Such adjustments do not, in themselves, imply an on-chain reversal when this is not technically feasible or is outside of MIO3's control.
12.8 Transfers among others DASP and information requirements.
For transfers to/from third parties by other DASPs, 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 provide or cannot verify the required information, MIO3 may cancel or hold the transfer until the issue is resolved, without liability for any resulting delays.
12.9 Stuck Transactions and RBF.
MIO3 is not obligated to perform fee bumping or to retransmit stuck transactions via replace-by-fee (RBF). Manual interventions will be subject to technical feasibility and security criteria.
12.10 Orders financed with Fiat Payment Rails: provisional credit and off-chain reversal
12.10.1 No purpose and restrictions.
All credits via Fiat Payment Rails or Cards are not final until settlement confirmation and the applicable chargeback/reversal windows have expired. During this period, MIO3 may restrict withdrawals (fiat or crypto), internal and on-chain transfers, and freeze assets acquired with these funds.
12.10.2 Reversal and compensation.
If the payment is returned or reversed, MIO3 may: (i) reverse the credit, (ii) debit the User's fiat or crypto balances, (iii) offset with any asset held on the Platform (see 20.9) and/or (iv) record a negative balance due to be settled immediately.
12.10.3 User Collaboration.
The User agrees to cooperate with MIO3 and/or the payment provider in the management of disputes (providing evidence, forms, and statements). Failure to cooperate may result in extended holds and lead to suspension or closure (see 21).
12.11 Orders financed with Crypto Rails: technical confirmation and compliance controls
12.11.1 Confirmation and accreditation.
Crypto deposits are credited after Technical Confirmation and internal validations. MIO3 may set different confirmation thresholds per asset and network.
12.11.2 Risk retentions.
When there are signs of risk (e.g., matches with sanctions lists, high-risk addresses, unusual patterns), MIO3 may temporarily freeze deposited assets and/or their conversion product, even when there is on-chain confirmation, until verifications are completed (see 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, leaving an electronic record (see 12.7). This does not imply on-chain reversal when it is not technically feasible.
13. TOHKN Account Management in the Event of Death, Incapacity, or Extended Inactivity of the Account Holder
13.1 Death or legal incapacity of the holder.
In the event of the death or judicial declaration of absolute incapacity of the holder of the TOHKN Account, the accredited heir, designated beneficiary or duly authorized legal representative must formally notify MIO3 in writing of these circumstances, attaching the original legal documentation or certified copy that proves their legitimacy (such as a final judicial resolution, declaration of heirs, will, judicial appointment of curator or valid notarial power of attorney).
MIO3 may verify, at its sole discretion and by any means it deems reasonable, the authenticity, sufficiency and validity of the documentation submitted before allowing any access, disposal or transfer of the Digital Assets associated with the TOHKN Account.
Until such verification is completed and valid instructions are issued in accordance with applicable law, the Account will remain blocked, and MIO3 will not assume any responsibility for delays, unavailability, loss of value, price variations or associated costs during that process.
13.2 Notification and preventive suspension.
Once the initial notification and documentation are received, MIO3 will proceed to temporarily suspend the account and block all operations, including withdrawals or transfers, 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 the validation is completed.
If MIO3 has reasonable grounds to believe that the account holder has died (for example, by public, judicial or institutional notification), it may suspend the account preventively, without any liability, until the account holder or their heirs prove their legal status.
13.3 Requirements for Digital Asset Transfer.
In order for the Digital Assets of the owner to be transferred to the account of the heir, beneficiary or legal representative, the following requirements must be met:
In case of inheritance: Submit judicial or notarial documentation that proves the status of heir in accordance with Salvadoran civil law, along with valid and up-to-date identification. In the case of a designated beneficiary: Submit the designation registered with MIO3 (if any) and the corresponding identity documentation. In case of absolute incapacity: Submit a final judicial resolution or a valid notarial document that proves the legal representation of the incapacitated holder. The heir, beneficiary or representative must also:
Have an active and verified TOHKN Account, complying with current KYC/AML/CFT procedures; and Accept the MIO3 Terms and Conditions before receiving the 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 assets will remain held in custody and segregated, without generating interest, returns or additional appreciation, and may not be withdrawn, disposed of or transferred.
13.5 Limitation of liability.
MIO3 acts exclusively as a technology operator and custodian of the Digital Assets, without assuming fiduciary duty, mandate, advice or legal representation with respect to the Users, heirs or beneficiaries.
MIO3 assumes no responsibility for:
Delays arising from judicial, notarial, administrative or verification processes. Succession controversies or disputes between heirs, beneficiaries or representatives. Applications submitted with incomplete, illegible, contradictory or insufficient documentation. Impossibility of executing transfers when there are legal, regulatory, compliance restrictions, precautionary measures or instructions from a competent authority. Losses, market fluctuations, expenses, commissions, or costs arising from the suspension, custody, or transfer of the assets. MIO3 does not guarantee specific timeframes or specific results for the transfer or release of assets, and will always act in accordance with applicable legislation, its internal policies, and the principles of due diligence and good faith.
The User, their heirs and representatives acknowledge the irreversible, volatile and decentralized nature of the Digital Assets, and fully and irrevocably release MIO3 from any present or future claim, loss or liability arising from the facts regulated in this Section.
13.6 Extended inactivity.
If a TOHKN Account remains inactive (without verifiable transactions, access, or communication) for a period equal to or greater than twenty-four (24) months, MIO3 will be able to:
- Attempt to contact the owner through the registered means;
- If no response is obtained, temporarily suspend the account and keep the assets under segregated custody, without generating interest or returns; and
- If an additional twelve (12) months elapse without response, require documentation that proves the status of the holder or, in case of technical or regulatory impossibility of maintaining custody indefinitely, apply the procedure of presumed death or unclaimed assets, in accordance with Salvadoran law and MIO3 policies.
Throughout the entire process, the assets will remain under segregated ownership, without losing their status as the exclusive property of the owner or their legitimate heirs, and MIO3 will not be responsible for the loss of value, market variations, delays or costs arising from such prolonged custody.
This provision operates without prejudice to the operational suspension due to inactivity regulated in Section 22.1.
13.7 Final transfer and unclaimed rights.
Once the requirements have been verified and the process completed, MIO3 will transfer the Digital Assets of the deceased or incapacitated owner to the TOHKN Account of the heir, beneficiary or authorized legal representative, leaving a verifiable electronic record of the transaction.
The distribution and transfer will be subject to applicable legal, tax, and regulatory provisions.
When, after the period provided for in Salvadoran legislation and in TOHKN's Unclaimed Assets Policy has elapsed(available at tohkn.com/legal/unclaimed),If there are no valid instructions from the owner or their successors, MIO3 will apply the procedure established in said policy, preserving at all times the segregation of assets and acting without this implying reversal or abandonment of assets in accordance with foreign laws.
In any case, MIO3 will act with reasonable diligence to locate the owner or their heirs or legitimate beneficiaries, without assuming any obligation of result or liability for the impossibility of contact, delays, loss of value, expiry of rights or any other consequence arising from time or market conditions.
14. Customer Service and Dispute Resolution
This section regulates the mechanisms for customer service, complaints and dispute resolution between the User and MIO3 in relation to the use of the TOHKN Account and associated services.
Payment disputes/chargebacks:To escalate an R disputeFiat, MIO3 may request additional forms, declarations, and evidence; failure to provide these will suspend the evaluation. The User acknowledges that MIO3 is not a party to the rules of the payment schemes or networks involved, does not guarantee the outcome of chargebacks or reversals, and may withhold, debit, or offset funds in the CTOHKN account in order to handle reversals, adjustments or recoveries required by processors, acquiring banks or schemes, when applicable.
14.1 Customer service channels.
MIO3 provides Users with the following official TOHKN support and assistance channels:
- Email: support@tohkn.com
- Chat on the TOHKN Platform, including the Web platform (`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, complaints, or incidents. Any communication through other means will be invalid.
Support responses do not constitute legal advice, modify these Terms, or create any waivers or concessions on the part of MIO3.
If the User has questions, inquiries, or complaints related to the services provided by MIO3, S.A. de C.V. in its capacity as a Bitcoin Service Provider, they must first use MIO3's official customer service channels, in accordance with the procedures established in these Terms and Conditions or in the Platform's support section. The User may also contact the Superintendency of the Financial System (SSF) through the following means:
- Email: atencionalUsuario@ssf.gob.sv
- Phone number: 2699-9999
- Address: 69 Avenida Sur, between Paseo General Escalón and Senda Florida #3563, Colonia Escalón, San Salvador. Former building of the General Directorate of Migration and Foreign Affairs.
- Hours: Monday to Friday, 8:00 a.m. to 4:00 p.m.
14.2 Time limits and service procedure.
MIO3 will record each request or claim in its internal tracking system.
MIO3 will try to respond inside the reference timeframes of up to ten (10) business days from receipt and will seek to resolve within thirty (30) business days, without such timeframes constituting an obligation of result.
If the request requires additional information, the deadline is suspended until it is provided. Processing times may vary depending on the nature of the case and workload; in any event, MIO3 will act diligently and in good faith. Filing a complaint does not suspend the process.User obligations (including payments, verifications, or operational limits).
14.3 Claims and documentation.
All disputes or claims must be submitted in writing and accompanied by the necessary supporting evidence and documentation (screenshots, receipts, emails, transaction records, etc.).
MIO3 may reject claims that:
They lack sufficient evidence. They are submitted outside the deadline established in Section 14.5. They refer to services, events or third parties outside of MIO3's control.
14.4 Dispute resolution mechanisms.
In case of disagreement with the response issued by MIO3, the User may request an additional internal review, which will be evaluated by an area or responsible party other than the one who originally handled the case.
The decision issued in said review will be final internally and will not generate any obligation or recognition on the part of MIO3 beyond what is expressly communicated.
If, after exhausting the internal process, the User is not satisfied with the result, they may exercise the legal actions they deem appropriate before the competent Courts of the Republic of El Salvador, in accordance with the provisions of Section 26 (Applicable Law, Jurisdiction and Dispute Resolution).
14.5 Deadline for submitting claims.
Unless otherwise provided by law, any claim must be filed within fifteen (15) calendar days following knowledge of the event that gave rise to the dispute. Failure to file within the deadline will result in the expiration and definitive waiver of the right to file.
14.6 Official notifications and communications.
All communications relating to disputes, claims or decisions of MIO3 will be made through the official channels registered by the User.and Notifications will be considered validly delivered upon sending to the email address or contact method declared in your TOHKN Account. The User is responsible for keeping their contact information up to date.
15. Risks and Warnings
The User acknowledges and accepts that the investment, ownership, custody and use of Digital Assets entail significant financial, technological, operational and regulatory risks, which may result in the partial or total loss of the invested capital, without any guarantee of recovering the initial amount or obtaining any return.
Prioritized risk notice:
- Market: abrupt variations, extreme volatility and liquidity gaps.
- Technology: network failures, congestion, vulnerabilities or attacks on the blockchain infrastructure.
- Custody: losses due to address errors, use of unsupported protocols or loss of credentials.
- Compliance: blocks, reviews or holds resulting from AML/CFT processes or sanctions.
- Operation: delays due to validations, security or system maintenance.
- 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 technological infrastructure for the management, custody and trading of Digital Assets, without offering or assuming financial, legal, tax or investment advice, nor any guarantee on results, returns or risk levels.
All information, quotes, or materials available on the Platform are provided for informational and general purposes only and do not constitute a recommendation, offer, invitation, or guarantee of performance. MIO3 does not guarantee the accuracy, currency, 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 in the acquisition, custody and trading of Digital Assets.
15.1 Investment Risk.
The User acknowledges and accepts that all investments involve inherent risk and carry the risk of partial or total loss of invested capital.
No returns, profits, dividends, cash flows, or appreciation are guaranteed by TOHKN or MIO3, by issuers, or by any public authority. Any projections, estimates, or informational materials presented do not constitute a guarantee of future results or a performance commitment.
The User acknowledges that markets can experience extreme volatility and that past performance is not indicative of future results.
It is essential that investors fully understand the nature and risks associated with their investment and assess its suitability based on their financial and tax circumstances. Investing in digital assets may not be suitable for everyone, so independent financial and tax advice is strongly recommended before investing.
The TOHKN Platform does not constitute an offer, solicitation, or invitation to invest in any jurisdiction where it is prohibited or unauthorized, nor a recommendation to subscribe for or purchase Digital Assets. The documentation for Digital Asset issuances displayed or made available on the Platform is provided exclusively by the respective issuers and is for informational purposes only; its display does not imply that MIO3 represents the issuer, acts on its behalf, or assumes responsibility for its content.
16. Risks of Digital Assets
By way of example, but not limitation, the main risks associated with the use of the Platform and Digital Assets are:
Volatility risk: Prices can 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. Technological risk: failures, vulnerabilities,bugs,forksor attacks can compromise the availability or integrity of assets. Custody risk: loss of credentials or access to the TOHKN Account may prevent asset recovery. Liquidity risk: absence of an active market or demand may prevent the immediate sale or conversion of an asset. Counterparty risk or fraud: losses due to fraudulent acts by issuers, intermediaries or third parties. Operational risk: interruptions, maintenance or failures in the Platform or third-party systems may affect the execution of operations. MIO3 does not guarantee the continuous availability of services or the timely execution of operations in circumstances of congestion, maintenance or network failures.The User must conduct their own independent assessment and, if necessary, seek external professional advice before investing or trading.
For informational purposes only, the User may consult the “Investment Risk Statement” available attohkn.com/legal.
16.1 Limitation of liability regarding risks.
To the maximum extent permitted by applicable law:
uninterrupted or error-free availability; suitability for a particular purpose; absence of infringement of third-party rights; accuracy, integrity or reliability of information, prices or quotations. (a) the total amount of fees and commissions actually paid to MIO3 during the twelve (12) months prior to the event that gave rise to the claim; and(b) one hundred US dollars (USD 100).
MIO3 will not be liable for losses or damages arising from:
technological failures, network errors or forks (forks) en redes blockchain; cyberattacks, security vulnerabilities, or network congestion; deficiencies or interruptions from external providers (telecommunications, cloud, payment gateways, exchanges); regulatory restrictions, sanctions, embargoes, court orders or measures by competent authority; events of unforeseen circumstances or force majeure, including natural disasters, conflicts, power outages or market disruptions; Suspension or cessation of operations due to maintenance, upgrades, or strategic or regulatory decisions adopted by MIO3.
16.2 Express acceptance of risks.
The User declares that they understand and accept the risks described, that the use of the TOHKN Platform constitutes a voluntary, non-guaranteed activity with inherent risk, and that they assume sole responsibility for any investment decision, transaction or custody made through the Platform.
By accepting these Terms and Conditions, the User declares that they understand the speculative and non-guaranteed nature of the Digital Assets, and expressly, fully, and irrevocably releases MIO3, as well as its directors, employees, subsidiaries, business partners, and suppliers, from any and all 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 the direct willful misconduct of MIO3.
17. General Warranty and Disclaimer Exclusions
17.1 Services provided “as is” and “as available”.
The TOHKN Platform, 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:
be continuous, uninterrupted, punctual, secure or error-free; meet the User's specific expectations, objectives or needs; operate without interruptions, viruses, vulnerabilities, failures or delays; nor that the results obtained are accurate, reliable or equivalent to market or investment expectations. The User acknowledges that access, use, custody or exchange of Digital Assets through the Platform is done at their sole risk and responsibility.
17.2 Absence of advice or recommendation.
The content available on the TOHKN Platform, in support communications or on any other channel operated by MIO3, does not constitute and may not be interpreted as financial, legal, tax, accounting or investment advice.
All published information, including prices, analyses, reports, or educational materials, is for informational and general purposes only and may be inaccurate, incomplete, or outdated.
The User declares that he/she has not received any personalized recommendations from MIO3 and will not make investment decisions based on information published by MIO3 or its affiliates.
17.3 Absence of fiduciary relationship.
MIO3 does not act as a trustee, agent, bank depository, broker, advisor, or financial intermediary for the User.
The use of the TOHKN Platform does not create a mandate, joint venture, partnership, association or legal representation relationship between MIO3 and the User.
The User acknowledges that MIO3 provides an automated technological service of custody and registration, and that it does not manage or invest the Digital Assets on behalf of the Users, except when expressly indicated and subject to the corresponding licenses or authorizations.
17.4 Accuracy, integrity 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.
This information may come from external sources, providers or data aggregators, whose truthfulness or accuracy 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, supervise or guarantee the operation, legality, security or accuracy of these services, nor does it assume any responsibility for the use that the User makes of them.
Access to third-party services is at the sole responsibility and risk of the User, and will be subject to the applicable terms, policies and conditions of said third parties.
17.6 Technological and security risks.
The User acknowledges that digital services and blockchain networks are subject to failures, vulnerabilities, cyberattacks, congestion, delays, or unforeseen 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 technological risks associated with the use of the Platform and releases MIO3 from any liability arising from such events.
17.7 Exclusion of implied warranties.
To the fullest extent permitted by applicable law, all implied warranties or assumptions of suitability, merchantability, accuracy or fitness for a particular purpose are expressly excluded.
No oral or written communication, promotional material or functionality of the Platform may be considered as a guarantee, commitment or representation of MIO3.
17.8 General Exemption.
The User expressly waives the right to claim against MIO3 for losses, damages, lost profits, loss of opportunity, reputational damage or moral injury arising from the use or inability to use the Platform, except for proven direct fraud by MIO3.
Under no circumstances will MIO3 be liable for errors, delays, interruptions, suspensions, cessation of operations, strategic or regulatory decisions, or for the actions of third-party providers, networks or issuers involved in Digital Asset transactions.
17.9 Scope of the exemption.
The limitations and exclusions in this Section apply to all claims, whether contractual or extra-contractual, judicial or administrative, including negligence, and will survive the termination or closure of the TOHKN Account.
Nothing in these Terms shall be construed to extend or reinstate any liability of MIO3 beyond what is expressly provided in these Terms.
17.10 Educational Modules.
The TOHKN Platform may include financial education modules and training tools, which are for informational purposes only. MIO3 does not provide financial, legal, tax, investment, or any other professional advice.
The information accessible on the Platform, including the educational modules, will not constitute and should not be interpreted as a suggestion, instruction, recommendation, request, guide or invitation to buy, sell, hold, exchange or make a specific decision regarding any Digital Asset or cryptocurrency.
The User is solely responsible for assessing the inherent risks associated with their decisions and any investments they make, as well as for obtaining, when deemed necessary, the independent professional advice they consider appropriate. All investment decisions 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 exclusively 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 Execution of Orders), which prevails in specific operational aspects.
18.1 Irrevocability and time of firmness.
An order becomes final and irrevocable once it has been internally confirmed by MIO3 or, as applicable, confirmed on the relevant blockchain network (see Section 12.2). Before that time, cancellation may not be available or may be limited by the order type, 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 states, whichmay include, but are not limited to, the following:
Received (instruction accepted by the system),
In validation (security and compliance controls),
In progress (conversion/transfer/settlement process),
Liquidated (funds credited/assets transferred),
Failed or cancelled (not executed; reasons will be reported where possible). The electronic records available on the Platform constitute operational and auditable evidence of the transactions(see Section 12.6).
18.3 Confirmation and settlement times.
Confirmation and settlement times vary depending on the order type, blockchain network, liquidity availability, and compliance controls.
As a non-guaranteed operational reference, orders are usually confirmed within a period of up to forty-eight (48) business hours.
In exceptional circumstances (network congestion, AML/CFT reviews, maintenance, regulatory requirements), times may be extended.
18.4 Cancellations and modifications.
Orders cannot be cancelled once they have been confirmed on the Platform, unless otherwise permitted by law or technical provision.
Regardless of legal provisions, transactions already confirmed on-chain cannot be cancelled due to the immutability of the networks and because they are executed outside of MIO3's control.
Before confirmation, the possibility of canceling or modifying will depend on the order status, the type of transaction, and the service conditions. Availability will be displayed on the Platform interface.
18.5 Suspension or cancellation due to risks.
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 the temporary retention of assets while the corresponding verification is carried out (see Sections 10 and 12.5).
MIO3 will notify the User about the measures taken when possible and when it does not compromise investigations or the security of the system.
18.6 Communications and support.
The status and outcome of each order will be available on the Platform. For any questions or issues, the User may contact support through the official channels (see Section 14). MIO3 will respond to inquiries within a reasonable timeframe, depending on the complexity of the case and the information provided.
18.7 Informative Nature of the Transaction History.
The transaction history for a given date range displayed on the Platform is for informational purposes only and reflects only the activity recorded during that period. This history does not constitute a statement of account, accounting certification, official financial document, or definitive proof of balances, positions, or obligations in favor of or against the User.
19. Local Payments, Chargebacks and Preventive Withholdings
19.1 Rail classification.
Bank rails with regulatory return windows (e.g., Transfer 365 in El Salvador, ACH USA with Reg E/NACHA; PSE Colombia with e-commerce payment reversal; PIX Brazil with MED and/or precautionary block). Immediate bank rails with limited operational return (e.g., SPEI Mexico, SINPE Costa Rica, ACH Panama, regional immediate transfers). Cards (Visa/Mastercard and local acquirers), with chargeback windows typically up to 120 days according to brand rules and causes.
19.2 Reversal windows.
The base windows by country/rail are listed in Annex D. MIO3 may expand them on a case-by-case basis (e.g., fraud, impersonation, AML signals, PEP, adverse news) and reduce them for accredited low-risk Users/operations (history, limits, L2/L3 KYC, source of funds).
19.3 Preventive retentions.
MIO3 may apply withholdings on payments and/or on Digital Assets acquired with Provisional Credit for up to the term of the applicable window (Annex D) to: (i) prevent fraud/chargebacks/reversals; (ii) complete AML/KYC/EDD verifications; (iii) mitigate operational or liquidity risk.
19.4 Release Order.
The release will be phased in: (i) internal use on the Platform; (ii) conversion to 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 payment is reversed, returned, or subject to a chargeback, MIO3 may reverse positions acquired with those funds (when feasible), debit them from available balances, or generate a negative balance. The User authorizes MIO3 to offset the payment with any of its funds/assets and to limit withdrawals until the payment is settled.
19.6 Cards: Brand rules and returns.
The User acknowledges that card payments are subject to chargebacks and acquirer representation processes and brand rules. When a chargeback/collection occurs, MIO3 may refund the same instrument and reverse the acquired assets if they are still under hold; if this is not possible, debit them from the User's balances (see 19.5).
19.7 Reservations and limits.
MIO3 may apply risk reserves (e.g., 10–100% of the payment) and/or limits based on amount, frequency, and novelty of the relationship (account, device, instrument) for the window period or 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 notes, etc.). Failure to cooperate may result in suspension, closure, or extension of the hold (see 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 Annex D.
19.10 Chargeback/recovery charges.
MIO3 may charge fees for chargeback/collection management and for third-party costs (acquirers, chambers, gateways) as reported on tohkn.com/legal/fees; these charges may be automatically debited from the User's balance.
19.11 Remission.
See Annex D (Windows and retention by country/rail).
19.12 Disputes, chargebacks, refunds and compensation
19.12.1 Definition.
“Chargeback” or “refund” is a reversal of payment initiated by a bank, issuer, card network, clearing house or regulator, within the windows provided by its rules.
19.12.2 Chargeback/Reference Reversal Windows.
Without warranty and subject to the Fiat Payment Rail:
Cards (Visa/Mastercard).Several disputes allow for up to 120 days from the date of the charge or the event giving rise to the dispute, according to the payment brand's rules. For example, Visa allows 120 days under specific dispute conditions. Electronic debits/transfers (e.g., Transfer 365, SWIFT, US ACH).For unauthorized consumer transactions, the regulations of the User's jurisdiction may grant a period of time from the statement of account to notify the error and activate consumer protection, which may result in a reversal. Local instant rails.In certain local instant payment systems, there may be fraud/error refund mechanisms administered by the participating entities. Examples: in El Salvador, Transfer365 with processes defined by the Central Bank; in Brazil, PIX with the Electronic Payment System (MED) regulated by the Central Bank.
19.12.3 Reservation/retention during the dispute.
In case of dispute, MIO3 may retain the funds or Digital Assets subject to the dispute, until the final resolution, and debit them in case of an adverse resolution to the User.
19.12.4 Negative balances and recovery.
MIO3 may offset with any balance/asset of the User and, if insufficient, maintain and collect the negative balance (charges to saved methods, debit 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 reporting to authorities.
20. Rates, Commissions and Network Charges
MIO3 may apply, depending on the service contracted, the following charge concepts (in an illustrative and not exhaustive manner):
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) in FX/crypto: margin incorporated into the exchange rate applied in purchases/sales/conversions. Custodian/administrative commission: when applicable. Withdrawal and/or deposit fee: when applicable. Issuance/placement or distribution fees: for assets offered in the primary market, if applicable. Other operational or regulatory charges: if required by regulations or authorized third parties. Current rates will be published and available on the Rates and Fees page within the Platform.
20.1 Prior transparency and method of collection.
Before confirming a transaction, the Platform will display the estimated summary of the total cost (platform fees, estimated network charges and, if applicable, conversion margin).
Commissions are automatically deducted from the amount in USD or the digital asset involved, as indicated in the order.
Default application order: (i) network charges; (ii) platform fees; (iii) conversion or exchange fees; and (iv) other applicable charges.
20.2 Conversion margin and exchange rate.
The exchange rate applicable to buy, sell, or conversion transactions may include a conversion spread and is dynamic, potentially varying between instruction and execution. The final exchange rate will be the one 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 two decimal places; amounts in Digital Assets are rounded to the operational precision of 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 higher precision than that displayed on the screen.
MIO3 may set minimum commission/transaction amounts. If the balance is insufficient to cover commissions 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 deposit.
20.4 Non-refundability and corrections.
Except in cases of obvious error attributable to MIO3, platform fees are non-refundable once the service has been provided. Network charges and third-party fees are always non-refundable.
In the event of technical errors, MIO3 may adjust balances or reverse charges in accordance with Section 12.5, leaving an operational record.
If a transaction on Riel Fiat is subsequently reversed, network/third-party charges and fees already incurred are non-refundable.
Chargeback/collection management fees and third-party commissions associated with local payments or cards are non-refundable when the case is lost by the User or due to lack of cooperation/evidence.
20.5 Changes in rates and notifications.
MIO3 may update its platform fees at any time. Changes will take effect upon publication on the Platform; when 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 spreads may vary without notice due to market or network conditions.
20.6 Taxes and withholdings.
The User is solely responsible for calculating, declaring, and paying any applicable taxes, duties, fees, or withholdings. MIO3 may pass on indirect taxes and withhold amounts when required by law, but this does not constitute tax advice. The User may access transactional reports on the Platform.
20.7 Collection dispute.
Disputes regarding applied fees/commissions must be submitted within thirty (30) calendar days of their 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 from the date of receipt of the complete case. If additional information is required, the deadline is suspended until it is provided.
20.8 Promotions and exemptions.
MIO3 may waive, offer discounts, or fully or partially refund commissions on promotional or commercial programs. Such benefits are discretionary, temporary, and do not create any vested right.
20.9 Compensation and negative balances.
MIO3 may offset negative balances, unpaid commissions and outstanding charges using any User funds or Digital Assets held on the Platform, leaving an electronic record of the offset applied.
21. User Obligations and Responsibilities
21.1 General obligations.
The User agrees to: (i) use the TOHKN Platform only for legitimate, personal purposes and in accordance with applicable laws; (ii) provide and maintain truthful, accurate and up-to-date information; and (iii) respect these Terms and the policies that MIO3 publishes on the Platform.
21.2 Security and use of credentials.
The User is solely responsible for maintaining the confidentiality of their credentials, passwords, verification codes, and devices associated with their TOHKN Account. They must: (i) keep their credentials under control and not share them; (ii) immediately notify MIO3 of any suspected unauthorized access or security breach (Section 9); and (iii) accept the consequences of failing to report such events promptly. MIO3 will not be liable for losses resulting from unauthorized access caused by the User's negligence.
21.3 Regulatory compliance and permitted conduct.
The User shall strictly comply with applicable regulations (including AML/CFT and international sanctions) and shall refrain from: (i) engaging in fraudulent transactions or transactions intended to evade sanctions; (ii) allowing unauthorized use by third parties; (iii) introducing malicious software or interfering with the Platform; (iv) accessing MIO3 or third-party systems without authorization; (v) impersonating others; and (vi) using unauthorized automation or scraping.
21.4 Consequences of non-compliance.
Failure to comply may result in suspension or cancellation of the TOHKN Account, notification to authorities, and other measures provided for in these Terms. MIO3 may block, limit, or restrict activities that violate the law or its policies.
21.5 Device Security and Incident Reporting (complementary to Section 9).
21.5.1 Good practices.
The User must: keep 2FA and, where possible, biometrics enabled; keep operating system and App updated; not use rooted/jailbroken devices; not share passwords or 2FA codes; avoid public networks for sensitive operations; use screen lock and disable installations from unknown sources.
21.5.2 Phishing prevention and official channels.
Neither TOHKN nor MIO3 requests passwords or 2FA codes via email, chat, or phone call. Official channels are available in the Help Center. Treat any communication outside of these channels as suspicious.
21.5.3 Report of loss, theft or unauthorized access.
The User must immediately notify MIO3, within a maximum of 24 hours, of any loss or theft of devices, exposure of credentials, or unauthorized access, through official channels. Upon receiving the report, MIO3 may: globally log out, temporarily block the account/transactions, request additional verification and credential rotation, and maintain preventative measures until the review is complete.
21.5.4 Liability for delay or negligence.
Failure to report an incident, or to comply with these practices, may result in losses for the User and will entitle MIO3 to suspend the account pursuant to Section 21.4.
21.5.5 Relationship with other policies.
The provisions herein shall be interpreted in conjunction with Section 9 (Account Security and Protection). In case of discrepancy, the provision that best protects the integrity of the system shall prevail.
22. Suspension, Blocking and Closure of TOHKN Account
22.1 Temporary suspension.
MIO3 may temporarily suspend any TOHKN Account when:
There is a breach of these Terms and Conditions or of applicable law. Suspicious or potentially illegal transactions are detected. Operational, technological, or security risks may arise. There is extended inactivity of more than twelve (12) months without login or transactions. During the suspension, the User will not be able to perform any transactions, although they may be informed of the reason when 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 attempt to contact the User and, if the inactivity persists for an additional one hundred and eighty (180) days, will proceed to the definitive closure in accordance with point 22.3.
The foregoing is without prejudice to the provisions of Section 13.6 (Extended Inactivity), applicable to special procedures for locating and/or managing succession after twenty-four (24) months of inactivity.
22.2 Precautionary block.
MIO3 may temporarily block a TOHKN Account without prior notice when the following exist:
Judicial, regulatory or administrative requirements. Well-founded suspicions of fraud, money laundering, terrorist financing, or other illicit activities. Critical risks to the security of the Platform or the Digital Assets in custody. The account may remain blocked for the duration of the internal investigation or verification process. MIO3 will notify the User of the outcome once the process is complete and may request additional documentation before restoring or closing the account.
When there are pending reversal/chargeback requests, on rails, local fiat or cards, MIO3 may preemptively block assets for up to the corresponding window period (see 19 and Annex D).
22.3 Final closure of the TOHKN Account.
The TOHKN Account closure may be:
Voluntary, at the User's request from the Platform, provided there are no pending processes or disputes. Mandatory, when MIO3 determines that there are still causes that compromise regulatory compliance, safety or the interests of the Users. The closure implies the termination of the contractual relationship and the deletion of personal data in accordance with the Privacy Policy, except for mandatory retention by law or competent authority.
22.4 Causes of forced closure.
The TOHKN Account may be permanently closed for the following reasons:
Repeated breach of these Terms and Conditions or the Acceptable Use Policy. Extended inactivity as per point 21.1. Failure to remedy the cause of suspension for more than six (6) months. Failure to comply with AML/KYC requirements or refusal to provide additional information. Execution of fraudulent or suspicious operations. Requirement of competent judicial, regulatory or administrative authority. Any other reasonable cause that, in MIO3's opinion, 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, blocking 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 User Account Assets and Status in Case 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 will not be able to dispose of, transfer or encumber them, unless there is a legal mandate, court order or regulatory requirement that obliges their execution or immobilization.
22.6.2 Final closure of the account.
The definitive closure terminates the contractual relationship between the User and MIO3. MIO3 will notify the User of the closure decision, stating the reason and granting 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 this operation, the Digital Assets may be sold on the secondary market in accordance with prevailing market conditions and reasonable operational criteria. The resulting amount will be settled in a stable currency pegged to the US dollar (USDT or equivalent) and credited to the settlement wallet held in custody by MIO3, where it will remain until withdrawn by the User.
The User acknowledges and accepts that MIO3 does not guarantee or assure the price, liquidity, timeliness, execution, or value obtained in the settlement of Digital Assets, as these parameters depend exclusively on market factors beyond MIO3's control. Settlement will be carried out based on operational reasonableness, without implying any 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 Responsibilities) will continue to apply where 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 in accordance with Salvadoran legislation and international standards (FATF/GAFI). The program includes, but is not limited to:
Customer identification and verification (KYC), authorized users and, where applicable, beneficial owners. Enhanced due diligence (EDD) for high-risk customers, countries, products, or transactions. Sanctions and restrictions lists (e.g., OFAC, UN, EU) and detection of PEPs and adverse media. Policies and internal controls, training and periodic audits.
23.2 Monitoring, detection and preventive measures.
MIO3 performs continuous transaction monitoring to detect unusual or suspicious transactions. Based on reasonable grounds or legal requirements, MIO3 may withhold, reject, suspend, or cancel transactions and/or apply precautionary freezes to assets, in accordance with Sections 10 and 22.
23.3 User Information Requirements.
The User agrees to provide truthful and timely information and documents requested by MIO3 to verify identity, economic activity, origin and destination of funds, or other compliance requirements. Failure to provide such information or providing incomplete/inaccurate information may result in operational limitations, suspension, or closure of the TOHKN Account (Section 22).
23.4 Reports to authorities and prohibition of “tipping-off”.
MIO3 may report unusual or suspicious transactions to the competent authorities (e.g., UIF, FGR or others) and cooperate with judicial or administrative requirements, without incurring liability to the User.
When required by law, MIO3 will not be authorized to notify the User of the existence of a report or an ongoing investigation (tipping-off prohibition).
23.5 Record keeping.
MIO3 will retain identification records, documentation and transactions for the applicable legal periods or as required by the authorities, even after the account is closed, in accordance with the Privacy Policy.
23.6 Exchange of information with third parties.
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 services), under confidentiality and security obligations and subject to the Privacy Policy. When this involves international data transfers, the safeguards provided for in the corresponding data protection regulations will apply.
23.7 User Cooperation.
The User agrees to fully cooperate with MIO3 and the competent authorities in any investigation related to their TOHKN Account or transactions carried out through the Platform. Failure to comply with this obligation may result in immediate suspension, asset blocking, and/or account closure, 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 legislation, orders of authority or its internal risk management policies.
24. Intellectual Property and Usage Rights
24.1 Ownership.
All content, design, source code, software, architecture, algorithms, databases, trademarks, trade names, logos, interfaces, texts, graphics, icons, documents, audiovisual materials and any other technology used in the TOHKN Platform (hereinafter, the “Content”) are the exclusive property of MIO3, or its licensors, technology partners or authorized suppliers.
Use of the Platform does not transfer to the User any intellectual or industrial property rights, nor does it grant any licenses other than those expressly set out in these Terms.
24.2 Limited license for 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 and legitimate purposes, in accordance with these Terms and Conditions.
This license is granted "as is" and does not grant ownership rights over the software or its components.
This license forms the basis of the End User License Agreement (EULA) described in Section 2.
24.3 Usage restrictions.
Unless expressly authorized in writing by MIO3, the User may not, including but not limited to:
Copying, reproducing, distributing, modifying, adapting, translating, creating derivative works or publishing the Content. Decompile, disassemble, reverse engineer, or attempt to obtain the source code of the Platform or its components. Using the Platform for commercial, advertising or unfair competition purposes. Remove, alter, or suppress copyright notices, trademarks, or proprietary legends. Interfering or attempting to interfere with the normal operation of the Platform or its servers. Uploading, storing, or transmitting any material that violates the intellectual property rights of third parties.
24.4 Trademarks and trade names.
The 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 legislation.
24.5 Third-party content and open 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 Report of violations.
If a User believes that any content available on the Platform infringes intellectual property rights, they may notify MIO3 by emailing legalnotices@tohkn.com, providing supporting evidence and documentation. MIO3 will evaluate the claim and, if warranted, take appropriate action in accordance with applicable law.and international best practices, including the procedures provided for by the Digital Millennium Copyright Act (DMCA) and by WIPO treaties.
24.7 Market data and dynamic content.
Prices, quotes, order books, historical data and other market information displayed on the Platform are for the User's personal and non-commercial use.
Copying, publishing, sublicensing, distributing, or commercially exploiting this data, as well as unauthorized automated access (including web scraping, crawling, or similar techniques), is prohibited without written permission 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”), he grants MIO3 a worldwide, non-exclusive, irrevocable, perpetual, transferable, sublicensable and royalty-free license to use, reproduce, modify, distribute, create derivative works and exploit such Feedback for any purpose, commercial or non-commercial, without obligation of attribution, notification or any consideration.
25. General Limitation of Liability in the Use of the Platform
25.1 General principle.
The TOHKN Platform and MIO3 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 will be free from 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, but not limited to:
Connection failures, power outages, or interruptions in telecommunications or internet services. Cyberattacks, security vulnerabilities, viruses or malware. Congestion, errors or forks in blockchain networks. Failures in services provided by third parties (cloud providers, payment processors, messaging or authentication). Regulatory changes, judicial decisions, or measures of authority. Cases of force majeure or fortuitous events, such as natural disasters, armed conflicts, pandemics or government acts.
25.3 User Errors and Improper Operations.
The User expressly releases MIO3 from all civil, criminal, contractual or extra-contractual liability for losses, errors or damages arising from:
Transfers made to incorrect addresses or recipients. Incorrect entry of amounts, assets, or credentials. Unwanted payments or shipments to third parties. Misuse of the TOHKN Account by the User or authorized Users. Lack of due diligence or prior verification of data before executing operations. MIO3 is not obligated to recover Digital Assets transferred in error, such loss being the sole responsibility of the User.
25.4 Maximum limit of liability.
To the maximum extent permitted by law, MIO3's liability to the User shall be limited as provided in Section 16.1.
25.5 Liability for third parties.
MIO3 assumes no responsibility 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 said third parties will be the sole responsibility of the User.
25.6 Relationship with other sections.
This clause is interpreted in a complementary manner with Sections 15 (Risks and Warnings) and 21 (User Obligations and Responsibilities), with the most restrictive limitation of liability permitted by applicable law always prevailing.
25.7 Operational powers of MIO3.
Under the above authorizations, MIO3 is legally authorized to:
to facilitate, through the Platform, the placement and distribution of Digital Assets issued by third parties in the primary and secondary market in accordance with LEAD; Safeguard Digital Assets or their means of access (keys, tokens or equivalents) through TOHKN Wallets; to receive, transmit and execute purchase, sale or exchange orders for Digital Assets, including rights-representing assets, securities or tokenized financial instruments; to intermediate conversion operations between fiat money (USD), Bitcoin (BTC) and other eligible Digital Assets, in accordance with the Bitcoin Act; transfer Digital Assets or their means of control between natural or legal persons, within the TOHKN ecosystem or to third parties, following applicable compliance regulations; and manage tokenized investment products, the distribution of returns and the records associated with operations 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 managed directly by MIO3 in accordance with its current regulatory authorizations.
MIO3 is not a financial entity, does not provide financing, does not collect funds on deposit 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 continuous supervision and oversight by the competent authorities:
CNAD, regarding services as a Digital Asset Service Provider (DASP). BCR and SSF, regarding the operation as a Bitcoin Service Provider (Bitcoin Law). MIO3 maintains policies for the prevention of money laundering (AML), terrorist financing (CFT), protection of personal data, corporate governance, technological risk and cybersecurity, in accordance with national regulations and international standards (FATF/GAFI, 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 National Commission of Digital Assets (CNAD), through the TOHKN Platform, are not registered or governed under the Securities Act of 1933 of the United States of America, nor under the securities laws of any state of said jurisdiction, and their offering is made in accordance with the regulatory framework of El Salvador, as provided in the Law on the Issuance of Digital Assets and its applicable regulations.
No U.S. authority, including, but not limited to, 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 made any judgment on the accuracy, suitability, or sufficiency of any document, information, or material relating to the offering or marketing of such Digital Assets.
25.11 Scope and limitations.
The authorizations granted do not imply a state guarantee on the investments, Digital Assets or the returns generated.
The User acknowledges that TOHKN services are provided exclusively under the responsibility of MIO3, in accordance with current regulatory licenses, and that the risk associated with the operations falls entirely on the User, as set out in Section 15 (Risks and Warnings).
25.12 Advertising and transparency.
MIO3 will keep available in the tohkn.com/legal/licencias section the documentation accrediting its current registrations and authorizations, updated in accordance with the guidelines of the CNAD, the BCR and the SSF.
26. Applicable Law, Jurisdiction and Dispute Resolution
26.1 Applicable Law.
These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of El Salvador, including, without limitation:
The Digital Asset Issuance Act (LEAD) and its regulations;
The Bitcoin Law and its supplementary provisions;
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 interpreted in contravention of current Salvadoran law.
26.2 Dispute resolution and waiver of collective actions.
Any dispute arising from these Terms or the use of the Platform shall 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, expressly waiving any other jurisdiction that may correspond to them by reason of their present or future domicile, the places designated for the performance of their obligations, or any other cause of territorial jurisdiction.
26.2.1 Class action waiver.
To the maximum extent permitted by law, you and MIO3 agree to resolve disputes only on an individual basis, and not as a plaintiff, class member, representative, or attorney in any class, aggregate, or representative action.
None of the above prevents MIO3 from seeking injunctive relief from 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 written in Spanish, which will prevail over any translation in case of discrepancy or interpretation.
All legal notices, claims or communications must be made in writing to the email address legalnotices@tohkn.com, or to the legal address of MIO3.
27. Procedure for Complaints or Claims
27.1 Revenue channels.
Complaints or claims must be submitted through any of the following official channels:
Help Center / Support within the TOHKN Platform (opening a ticket), or
Email: support@tohkn.com These are the only valid channels for traceability and response purposes.
27.2 Minimum requirements.
To begin the process, the User must indicate:
Full name and email address registered in the account,
Detailed description of the event,
Approximate date and time,
Transaction ID (if applicable),
Supporting evidence (screenshots, receipts, system messages, etc.).
27.3 Acknowledgement of receipt and case number.
MIO3 will issue an acknowledgment of receipt assigning a case number within a maximum period of ten (10) business days from receipt.
27.4 Evaluation and resolution.
MIO3 will evaluate the request and communicate its decision or a reasoned update on the status of the case within a maximum period of thirty (30) business days from the complete receipt of the required information.
If additional information from the User is required, the deadline will be suspended until such information is provided.
27.5 Possible results.
The MIO3 response will be able to establish, among other things:
Resolved (with corrective measures, adjustments or refunds where appropriate),
Partially resolved,
It is not applicable (with grounds).
27.6 Escalation.
If the User is not satisfied with the resolution, they may request an internal review and, if the disagreement persists, resort to the mediation mechanisms, or judicial procedures provided for in Section 26 (Applicable Law, Jurisdiction and Dispute Resolution).
27.7 Privacy and records.
The 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 and rules issued by CNAD, BCR and SSF.
The collection and processing of personal data is 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; technological and usage data, including but not limited to IP addresses, activity logs, devices, approximate location; and data derived from KYC/AML/CFT processes.
28.3 Legal basis of the processing.
In addition to consent, the treatment is based on:
contract execution and service provision; compliance with legal and regulatory obligations (including KYC/AML/CFT and Travel Rule); legitimate interest in fraud prevention and technological security; and attention to requirements of competent authorities.
28.4 Purposes.
To verify the User's identity and legitimacy; to comply with legal and regulatory obligations; to manage the opening and maintenance of the Account; to guarantee the security and traceability of transactions; to prevent fraud, money laundering, and terrorist financing; and to offer Platform services/functionalities. MIO3 does not sell personal data.
28.5 International transfers and storage.
Data may be processed/hosted outside of El Salvador in clouds that meet the security standards determined by MIO3. Appropriate contractual clauses and safeguards will apply.
28.6 ARCOPOL Rights.
The User may exercise rights of access, rectification, cancellation and opposition by writing to privacy@tohkn.comor through the Help Center, in accordance with the time limits of the 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 case of discrepancy, the Privacy Policy posted on the Platform will 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, when required by applicable regulations, will notify the authorities and/or the 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 a Digital Asset Service Provider (DASP) and Bitcoin Service Provider (BSP), applies comprehensive policies and procedures for the Prevention of Money Laundering and Asset Laundering (AML), Prevention of Terrorism Financing (CFT) and Prevention of the Financing of the Proliferation of Weapons of Mass Destruction (WMD).
These procedures are developed in compliance with:
The Digital Asset Issuance Act (LEAD) and its regulations. The Bitcoin Law and related regulations. Legislative Decree No. 498 (Law Against Money Laundering and Asset Laundering). The provisions issued by the National Commission of Digital Assets (CNAD), the Central Reserve Bank (BCR) and the Superintendency of the Financial System (SSF).
29.2 Scope and application.
MIO3's AML/CFT/FPADM and KYC policies are mandatory for all Users, whether natural or legal persons, and for all transactions carried out through the TOHKN Platform, including:
User registration and identity verification (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 (KYC) procedures.
MIO3 implements identification and identity verification processes that may include the collection of official documents, financial information, source of funds, and any other data that may be necessary in accordance with current regulations.
MIO3 may request additional information or periodic updates of the User's profile, in accordance with the policies of enhanced due diligence and continuous monitoring.
29.4 Preventive measures and powers of MIO3.
MIO3 will be able to:
Request additional information or documentation at any time. Suspend or block accounts or transactions when there are reasonable suspicions of money laundering, terrorist financing or illicit activities. Report suspicious transactions to the Financial Investigation Unit (UIF) of the Ministry of Finance, and to the competent authorities (CNAD, BCR, SSF). Deny or cancel transactions that do not meet compliance standards or 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 operations are carried out within a framework of transparency, traceability and legal certainty.
29.6 AML/KYC Policy.
For more details on the specific procedures for identity verification, transaction monitoring, and 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 its content, materials, tools, functionalities and information resources are offered solely for general informational and educational purposes.
Although MIO3 strives to keep the published information up-to-date, accurate and truthful, it does not guarantee its accuracy, integrity, validity, reliability or availability at all times.
30.2 Lack of professional advice.
The information contained on the Platform does not constitute financial, legal, tax, accounting, investment or any other professional advice.
No description of Digital Assets, projections, simulations, indicators or past performance should be interpreted 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 advisors 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:
interruptions or failures in technological systems, servers, blockchain networks, validators or external providers; viruses, cyberattacks, security breaches or connectivity failures; User decisions or actions 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 responsibility for the content, availability, accuracy, or privacy policies of such sites or services. Access to them is the sole responsibility of the User.
30.5 Exclusion of liability for User decisions.
MIO3 will not be responsible for decisions, investments, losses or damages that result directly or indirectly from the use of the Platform, its content or TOHKN's services.
The User accepts that all operations and investments made through TOHKN are carried out under their sole risk and responsibility.
30.6 Limitation of liability.
To the extent permitted by applicable law, MIO3's total liability to the User shall be governed by the limit set out 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. These links are provided solely for the User's convenience.
MIO3 does not control, monitor, or guarantee the availability, accuracy, security, legality, quality, or validity of third-party sites or services, nor does it endorse or assume any responsibility for their content, products, services, or policies.
31.2 User Responsibility.
Accessing, downloading, installing, registering or using any third-party site or service is done under the sole responsibility and risk of the User.
It is recommended to carefully review the terms, conditions, and privacy policies of these third parties before accessing or providing them with personal or financial information.
31.3 Limitation of liability.
MIO3 will not be responsible 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 integrity.
The inclusion of links or integrations does not imply association, sponsorship, recommendation or commercial 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, technological services and integrations provided by duly authorized third parties, with respect to which MIO3 has the licenses, contractual permissions and powers necessary 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 when it deems it necessary to ensure the continuity, security or regulatory compliance of the Services, without incurring liability to the User.
MIO3 assumes no responsibility 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 is at their own risk.
32. Privacy.
The collection and processing of personal data are governed by theSection 28(Privacy and Data Protection) and by the Privacy Policy published on the Platform.
For transparency purposes, MIO3 may process: (i) identification and contact data; (ii) browsing and technological data; and (iii) financial and transactional data, to verify identity (KYC/AML/CFT), ensure security, improve service and comply with legal obligations.
In all matters not covered by this Section, the provisions of Section 28 and the current Privacy Policy 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 experience, optimizing Platform performance and analyzing the use of its functionalities.
Cookies are small data files that are temporarily stored on the User's device to facilitate navigation, remember preferences, and provide secure and personalized functionalities.
33.2 Types of cookies used.
MIO3 uses the following categories of cookies on the TOHKN Platform:
Essential Cookies: necessary for the basic functioning of the Platform, authentication and session security. Performance and analytics cookies: used to measure Platform usage, identify errors and optimize performance. Functional cookies: allow us to remember user preferences and improve the personalization of the experience. Marketing or tracking cookies: These are used, where appropriate, for statistical, advertising or remarketing purposes, always with the prior express consent of the User.
33.3 User Consent and Control.
By accessing or continuing to use the Platform, the User expressly accepts the use of cookies in accordance with this section and TOHKN's Cookie Policy.
Users can configure or reject non-essential cookies at any time through the preferences panel available on the Platform or via their browser or operating system settings. Disabling certain cookies may affect the functionality and availability of some features.
33.4 Purpose and security of the treatment.
The data collected through cookies is used in an aggregated and anonymized or pseudonymized manner, where appropriate, exclusively for the purposes of:
usage behavior analysis; continuous service improvement; performance and security optimization; and compliance with regulatory obligations of registration and technological auditing. MIO3 applies security measures in accordance with international standards to protect the information collected.
33.5 Reference to the Cookie Policy.
For more 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 Divisibility.
If any provision of these Terms and Conditions is declared invalid, illegal or unenforceable by a competent court, such provision shall be deemed independent and shall not affect the validity or enforceability of the other clauses.
In such a case, MIO3 may replace the affected provision with another valid one that produces, as far as possible, an effect equivalent to that originally intended.
34.2 Resignation.
The failure of MIO3 to exercise, delay, or enforce any right or power arising from these Terms and Conditions shall not constitute a waiver or prevent its future exercise.
Any waiver of rights must be made in writing and with the express authorization of MIO3.
34.3 Assignment, transfer or delegation of rights.
The User may not assign, transfer or delegate the rights or obligations arising from these Terms and Conditions without the prior, express and written consent of MIO3.
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 authorization from the User, provided that this does not affect the essential conditions of the service.
34.4 Language and prevalence.
In case of discrepancy or conflict between translated versions of these Terms and Conditions and the original version in Spanish, the Spanish version will always prevail, which constitutes the official legal reference.
When the text includes an English term in parentheses next to its Spanish equivalent (for example, “slippage”), the meaning attributed to the Spanish term will prevail.
This version is published in the legal section of the Platform and on the official website tohkn.com/legal.
34.5 Full agreement and survival.
These Terms (including their Annexes and the policies incorporated by reference) constitute the entire agreement between the User and MIO3 with respect to the subject matter hereof and supersede any prior understandings or agreements on the subject matter. Provisions that by their nature should survive termination of the agreement shall continue in effect to the extent applicable.
34.6 Relationship of the parties.
Nothing in these Terms creates a partnership, association, mandate, agency, joint venture, fiduciary, or employment relationship between the User and MIO3. Each party acts at its own risk. Use of the Platform does not grant the User any powers of representation with respect to MIO3 or any third party.
35. Contact and Notifications
35.1 Contact channels. For inquiries related to these Terms and Conditions or the use of the TOHKN Platform, the User may contact us through the following official channels:
General support: support@tohkn.com Legal matters / notifications: legalnotices@tohkn.com Privacy and ARCO rights: privacy@tohkn.com Compliance/AML: compliance@tohkn.com
35.2 Schedule and response times.
Service is provided on weekdays from 09:00 to 17:00 (GMT-6, El Salvador).
MIO3 will issue an acknowledgment of receipt within ten (10) 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 notifications.
Unless otherwise required by law, legal notices and communications will be deemed valid if made in writing to legalnotices@tohkn.com.
The User agrees to receive electronic notifications (email, notices in the App/Web), in accordance with Section 1 (Modification of Terms) and Section 26 (Applicable Law, Jurisdiction and Dispute Resolution).
35.4 Language of attention.
Service is provided in both Spanish and English. In case of discrepancy, the Spanish version of these Terms shall prevail (see Section 34.4).
35.5 SMS messages/calls.
You authorize the use of SMS/calls for authentication and operational notifications. Your carrier's charges may apply. MIO3 does not guarantee delivery or continuous availability of these channels.
The User agrees to receive notifications about disputes/chargebacks and requests for documentation through the registered channels.
36. Validity, Update and Electronic Acceptance
36.1 Entry into force and updating.
These Terms and Conditions come into effect from the date of their 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 Terms and Conditions).
The current version will always be available in the legal section of the Platform and will take effect from its publication date.
36.2 Electronic acceptance.
By registering, accessing or continuing to use the TOHKN Platform, the User declares that they have read, understood and fully accepted these Terms and Conditions, giving their express consent.
36.3 Preservation of previous versions.
MIO3 will maintain a historical record of previous versions of these Terms and Conditions for transparency and auditing purposes, which will be available for consultation by formal request to the email address legalnotices@tohkn.com.
36.4 Date of last update.
The date of the last update of these Terms and Conditions will be visible at the beginning of this document.