Introduction
TOHKN is a registered trademark owned by MIO3, a variable-capital corporation that may be abbreviated as MIO3, S.A. de C.V. (“MIO3”), a company incorporated and existing under the laws of the Republic of El Salvador. MIO3 is registered with and authorized by the National Commission of Digital Assets, hereinafter referred to as the “CNAD,” as a Digital Asset Service Provider (“PSAD”) under entry number PSAD-0016 in the definitive Registry of Digital Asset Service Providers, and as a Bitcoin Service Provider (“PSB”) 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 law.
In exercising its intellectual property rights over the TOHKN trademark, 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 referred to as “you,” “your,” or the “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. Annexes 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 for, downloading, accessing, or using the Platform, the User declares that they have read, understood, and fully accepted these Terms and Conditions. Acceptance is completed through confirmation of the User’s intent, which shall be deemed validly expressed when the User: (i) clicks the button, checkbox, or link indicating acceptance (“I Accept,” “I Agree,” “Sign Up,” or any equivalent), or (ii) continues using the Platform or accessing its services after these Terms have been made available. In either case, the User provides their express, informed, and binding consent by electronic means, in accordance with the laws in force in the Republic of El Salvador, as well as the applicable international principles and standards governing electronic contracting.
TOHKN is the only Platform officially associated with MIO3 and is designed as a comprehensive and regulated ecosystem for investing in digital assets. The use of TOHKN requires the opening and use of a digital wallet held in custody by MIO3 (the “TOHKN Wallet”).
Through the Platform, the User may access services for the purchase and sale of digital assets in primary and secondary markets, exchange between cryptocurrencies and fiat currency, secure custody of digital assets and, where applicable, the receipt of returns derived from investments in digital assets, all of which are provided by MIO3 in its capacity as a Digital Asset Service Provider and Bitcoin Service Provider.
By accessing, registering for, browsing, or otherwise using the Platform, including its associated services, features, or digital channels, you acknowledge that you have read, understood, and fully accepted these Terms and agree to comply with them in their entirety. Your continued access to or use of the Platform constitutes your express, free, and informed consent and your binding acceptance of these Terms. If you do not agree with any of them, you must immediately and permanently refrain from accessing or using the Platform or any of its services.
Amendment and Effectiveness of the Terms and Conditions
MIO3, in its capacity as operator and administrator of the Platform and owner of the TOHKN trademark, may review, update, or amend 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, or security-related improvements). When an amendment is required for security reasons, regulatory compliance, fraud prevention, or by order of a competent authority, MIO3 may apply it immediately and inform the User as soon as reasonably possible.
Material changes shall become effective seven (7) calendar days after their publication on the Platform and/or notification sent to the registered email address; non-material changes shall apply upon publication. MIO3 shall maintain a version history with the corresponding effective dates. When an amendment requires an update to the App (iOS/Android), notice shall be deemed given when the new version becomes available in the applicable app store.
Continued use of the Platform after the effective date shall constitute acceptance of the amendments. For specific material changes (including, among others, governing law and jurisdiction, dispute-resolution mechanisms, and the base fee structure), MIO3 may again require your express acceptance within the Platform. If you do not accept a material change, you must refrain from using the Platform and may close your account without penalty before the effective date, without prejudice to the fulfillment of any outstanding obligations on your part.
In the event of any discrepancy between versions or translations, the most recent effective Spanish-language version shall prevail.
Policies incorporated by reference (including the Acceptable Use Policy (AUP), Privacy Policy, Cookie Policy, AML/KYC Policy, Prohibited Persons and Restricted Jurisdictions Policy, and Fees) shall be updated in accordance with this clause.
2. Use of the Platform and License (EULA)
This section governs access to and use of MIO3’s Platform known as “TOHKN,” which includes the website tohkn.com (the “Website”) and the TOHKN mobile applications for iOS and Android (the “Apps”).
2.1 Limited license to use.
MIO3 grants the User a limited, worldwide, non-exclusive, revocable, non-transferable, and non-sublicensable license to install and use the App and/or access the Platform solely for personal and lawful purposes and in compliance 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. Reverse engineer, decompile, disassemble, or attempt to obtain the source code. Use the App or the Platform for unauthorized commercial purposes, benchmarking, or to develop competing products or services. Introduce, distribute, or use viruses, malware, bots, trojans, exploits, denial-of-service (DoS) attacks, or any other mechanism that compromises the security, stability, or availability of the Platform. Interfere with or attempt to gain unauthorized access to restricted areas, MIO3’s computer systems, or confidential third-party information. Use unauthorized automated tools or methods, including web scraping, data mining, or crawling, to collect information or access the Platform. The license shall remain in effect for as long as the User maintains an active TOHKN Account and may be revoked by MIO3 at any time in the event of a breach of these Terms or misuse of the Platform.
2.2 User Obligations.
To use the Platform, the User represents and warrants that:
They are at least eighteen (18) years old or have reached the legal age of majority in their jurisdiction. They have full legal capacity and are fully empowered and authorized under applicable law to enter into these Terms and Conditions and use the Platform’s services. They will provide truthful, complete, and up-to-date information when registering and at all subsequent times. They will be responsible for the security of their devices, credentials, and authentication methods associated with their TOHKN Account. They will use the Platform solely for personal and lawful purposes within the framework of permitted digital-asset investments. They will comply with applicable laws regarding anti-money laundering, counter-terrorist financing, financial fraud, international sanctions, and data protection. They will keep their operating systems, browsers, and applications updated and adopt reasonable technological and cybersecurity measures.
2.3 Unacceptable Use (AUP).
The following is strictly prohibited:
Using the Platform to engage in unlawful or fraudulent activities, including activities related to money laundering, terrorist financing, or tax evasion. Engaging and/or participating in market manipulation, wash trading, spoofing, layering, front running, or other practices that distort prices or liquidity. Transferring or attempting to transfer funds or digital assets of unlawful or unverifiable origin. Circumventing geographic controls, international sanctions, or KYC/AML verification procedures. Assigning, transferring, or sharing the User’s account or credentials with third parties.
Introducing malicious code or software, or taking actions that affect the performance or integrity of the systems. Gaining unauthorized access to restricted areas or third-party data. Engaging in acts or omissions that harm the reputation, image, or legitimate interests of MIO3 or the TOHKN trademark.
2.4 Operational Exclusivity of the TOHKN Wallet.
Creating an account on the Platform entails the automatic activation of a digital wallet held in custody by MIO3 (the TOHKN Wallet), which is the only native digital wallet authorized to operate within the Platform.
Linking external digital wallets to the Platform or operating external keys through the TOHKN interface is expressly prohibited. However, the User may send or receive digital assets to or from external wallets exclusively through the external transfer features 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 permanent closure of the TOHKN Account, without prejudice to any applicable legal, civil, administrative, or criminal action.
MIO3 may hold or freeze digital assets while potential violations of these Terms are investigated, or when there are reasonable indications of unlawful or fraudulent activity.
MIO3, S.A. de C.V., in its capacity as a duly registered Digital Asset Service Provider (PSAD) and Bitcoin Service Provider (PSB) (Section 1), advises that certain Platform Services may be subject to licensing requirements, regulatory authorizations, or jurisdictional restrictions imposed by the laws or regulations in force in certain countries.
If the laws, regulations, or competent authorities of 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 features; the restriction of access to specific transactions, products, or features; or the termination of a Service whose provision is incompatible with the regulatory requirements of the User’s jurisdiction. To the extent permitted by applicable law, MIO3 will notify the User of any material changes resulting from local regulatory restrictions. The application of these measures shall not affect obligations previously undertaken, except to the extent strictly necessary to comply with applicable law or instructions from competent authorities.
2.7 Additional Terms for App Stores (Apple and Google).
In addition to this EULA, the downloading and use of the Apps are subject to the terms of the applicable app store (Apple App Store or Google Play). In the event of a conflict, this EULA shall prevail, except where mandatory provisions of the applicable app store require otherwise. See Annex 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 entails acceptance of these Terms, as well as the supplementary policies incorporated by reference (Acceptable Use Policy (AUP), Privacy Policy, AML/KYC Policy, Cookie Policy, and Prohibited Persons and Restricted Jurisdictions Policy).
The User represents and warrants that:
They are at least eighteen (18) years old or have reached the legal age of majority in their jurisdiction. They have full legal capacity to enter into agreements and assume obligations. They are not included on international sanctions lists and are not a resident of a restricted jurisdiction under MIO3’s policies or those of international organizations (OFAC, UN, EU, FATF, or others). They will fully cooperate with the identity verification (KYC) and anti-money laundering and counter-terrorist financing (AML/CFT) procedures implemented by MIO3.
3.1 Account Approval.
MIO3 reserves the right, at any time and in its sole discretion, to:
Approve, reject, or cancel account-opening applications in accordance with its internal policies, the Digital Assets Issuance Law, and other relevant laws. 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) requirements. Preventively suspend an account when there are indications of irregularities, suspected non-compliance, or unlawful activities, notifying the User when appropriate. Close accounts in the event of a breach of these Terms and Conditions or unlawful activity.
3.2 Corporate Accounts. Users may register a corporate account in the name of a legal entity, provided that they demonstrate its legal existence and the valid authority of the person acting on its behalf.
MIO3 may request documentation identifying the ultimate beneficial owner (UBO), organizational structure, credentials of administrators, and valid legal powers of attorney. Corporate accounts will be subject to assessment 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 its behalf within the Platform, including accessing, managing, and executing transactions.
The account holder shall be fully responsible for all acts, transactions, or omissions of its Authorized Users, including those carried out improperly, negligently, fraudulently, or in bad faith.
All Authorized Users must undergo the same KYC/AML verification procedures applicable to the account holder.
MIO3 may, in its sole discretion or at the request of the Account holder, revoke, suspend, or limit any granted authorization at any time, without any obligation to provide prior notice or incurring any liability, whenever it considers such action necessary for security, fraud prevention, regulatory compliance, or any other circumstance that reasonably justifies it.
Under no circumstances shall the exercise or failure to exercise this authority give rise to any liability on the part of MIO3 for damages or losses that may be incurred by the Account holder or any third party.
3.4 Accuracy of Information.
The submission of false, inaccurate, incomplete, or outdated information may result in the immediate suspension or permanent termination of the TOHKN Account, without prejudice to any applicable legal action.
MIO3 reserves the right, at any time, to request the update or verification of data, information, or additional documentation, as well as documentation supporting the lawful origin of funds, in order to verify the User’s identity and the legitimacy of their transactions.
Failure to comply or cooperate during these processes authorizes MIO3 to restrict transactions or temporarily freeze digital assets in the Account, in compliance with applicable regulations.
3.5 Ongoing Verification and Travel Rule.
For originator and beneficiary information requirements applicable to certain transfers, see Section 10.5 (Travel Rule).
4.Products and Services
MIO3 offers its Users, directly and/or through authorized third parties (including, as applicable, liquidity providers, custodians, payment processors, and pricing sources), the following products and services. The availability of each service may vary depending on jurisdiction, User eligibility, KYC/AML/CFT results, risk limits, market conditions, and operational availability.
4.1 Purchase and Sale of Digital Assets.
The ability to acquire and/or sell Digital Assets (including cryptocurrencies, Bitcoin (BTC), and tokens backed by real-world assets, commonly referred to by the acronym RWA, collectively referred to as “Digital Assets”) using fiat currency, Bitcoin, and stable-value cryptocurrencies (stablecoins), such as those pegged to the United States dollar (USD), as payment methods when enabled. Execution takes place through market-based mechanisms and is subject to liquidity, operational limits, compliance validations, and available pricing sources. The User acknowledges that conversion margins (spread), price slippage, and price variations between instruction and execution may apply.
4.2 Exchange Service.
The exchange of Digital Assets within the Platform between fiat currency and cryptocurrencies, and between eligible cryptocurrency pairs, subject to liquidity, exposure limits, validations, and pricing sources. Transactions are final and irrevocable upon technical confirmation, except in cases of operational correction permitted under applicable law.
4.3 Placement of Digital Assets (Primary Market and Secondary Market).
The acquisition of Digital Assets in accordance with these Terms and the applicable issuance documentation (which may include, as applicable, offering terms, restrictions, risks, and timelines). In the event of a conflict, the issuance documentation for the specific Digital Asset shall prevail.
4.4 Transfers of Digital Assets.
The secure and verified management of Digital Asset transfers between Users of the Platform, with traceability and validations designed to ensure the legitimacy of transactions and the lawful origin of funds. MIO3 may restrict, review, or reject transfers when risk or non-compliance indicators are identified.
4.5 Custody.
The 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 the property of the User at all times, do not form part of MIO3’s assets, and are not subject to claims by its creditors.
MIO3 shall not dispose of the User’s assets except:
upon a valid instruction from the User; pursuant to an order from a competent authority; or in connection with the implementation of reasonable security or compliance measures provided for in these Terms.
4.6 Transaction Orders.
The execution of orders to purchase, sell, convert, deposit, withdraw, or transfer Digital Assets through transparent and auditable mechanisms. Orders may be limited by type (market orders or limit orders), cutoff times, amount or frequency limits, and security or compliance reviews. The User may review the traceability and status of their transactions on the Platform.
For purposes of these Terms and Conditions, the term “deposit” shall mean the transfer of a digital asset to a TOHKN Wallet associated with the relevant holder’s TOHKN Account.
The holder of the TOHKN Account shall retain ownership, title, and all economic rights over the digital assets deposited in their TOHKN Wallet at all times. Such deposit shall under no circumstances imply a transfer of ownership of the digital assets to MIO3, nor shall it constitute an irregular deposit, loan, mutuum, agency, or assignment of ownership in favor of MIO3.
MIO3 acts solely as a provider of technological infrastructure and/or custodian for the handling, recording, and execution of transactions within the Platform, in accordance with the Account holder’s instructions and the operating rules established in these Terms.
4.7 Distribution of Returns.
Returns generated by Digital Assets acquired through the Platform shall be credited to the User’s TOHKN Account exclusively in accordance with the conditions, terms, and schedule established in the issuance documentation of the applicable Digital Asset or tokenized instrument. Neither TOHKN nor MIO3 guarantees the amount, existence, or frequency of such returns, which depend on the performance, behavior, and economic conditions of the underlying asset, as well as the operational rules applicable in each case. Accordingly, returns and their payment dates may vary or may not occur, depending on the decisions, results, or compliance of the underlying issuer of the Digital Asset.
4.8 Records and Receipts.
Access to a detailed and up-to-date record of acquisitions, transactions, and returns. Such record constitutes operational evidence within the Platform and may be used as supporting documentation 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 features may vary without prior notice due to market conditions, risk, maintenance, or compliance decisions. Transactions may experience delays due to network congestion, compliance validations, or third-party interruptions. Applicable fees/charges are published at tohkn.com/legal/fees and may affect the effective execution price. When a transaction requires an update to the App version, 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 Pricing Sources and Best Execution.
Prices and exchange rates are obtained from providers, aggregators, and external market sources; they may include conversion margins (spread) and may be subject to price slippage.
MIO3 does not guarantee the best price available in the market for each transaction and does not act as the User’s broker, dealer, adviser, or market maker. Unless expressly indicated otherwise in the Platform interface, all quotations are indicative only, and the final applicable price shall be the price in effect at the time the transaction is actually executed.
Purchases of Digital Assets made through reversible fiat rails may be subject to a temporary withdrawal restriction (“no withdrawal”) until the applicable payment method’s reversal windows have been confirmed and closed.
Neither MIO3 nor TOHKN provides investment advice or acts, unless expressly stated and specifically licensed, as the User’s broker, dealer, investment adviser, or market maker.
4.11 Listing, Delisting, and Scheduled Discontinuation (Sunset) of Digital Assets.
MIO3 may list, delist, suspend, or modify the availability of certain Digital Assets, in whole or in part, for reasons including regulatory compliance, technological security, market liquidity, operational risk, or changes in the applicable legal framework.
When reasonably possible, MIO3 will provide Users with advance notice of a delisting process and will enable a temporary window for the withdrawal, sale, or conversion of the affected assets.
In situations involving critical risk, technological vulnerability, or an instruction from a competent authority, MIO3 may carry out a delisting or suspension immediately and without prior notice, adopting the necessary measures—including technical conversion, migration, or operational closure—to protect Users and preserve the integrity of the system.
When technically or regulatorily necessary, MIO3 may carry out a technical conversion or migration of the affected asset. In such cases, and whenever feasible, the User will be offered a substitute asset with equivalent characteristics or credited with the corresponding value in accordance with the conditions in effect at the time the measure is implemented.
MIO3 will maintain an electronic record of the actions taken and the criteria applied in each case.
4.12 Unsupported Assets and Protocol Features.
Unless expressly stated otherwise on the Platform, the TOHKN Wallet associated with the TOHKN Account does not support certain protocol features or functions associated with specific Digital Assets, including, without limitation: airdrops, rebases, inscriptions, additional tags or memos, protocol-native staking, token wrapping/unwrapping, or interactions with specific smart contracts.
Any attempt to use such features from or to the TOHKN Wallet associated with the TOHKN Account is made 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 the asset.
MIO3 may reject, hold, or reverse, when technically possible, transactions or incoming transfers involving unsupported Digital Assets, without assuming any obligation to credit, restore, or compensate the assets or rights arising from such features.
4.13 Fiat Payment Methods and Cards; Provisional Credit, Availability, and Reversal
4.13.1 Definitions.
Fiat Rail(s): any payment rail in local or international currency (e.g., local or interbank bank transfers, ACH, instant payment 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: debit/credit card payments processed by local or international acquirers or payment gateways. Provisional Credit:
conditional crediting subject to reversal windows, refunds, or chargebacks under the rules of the applicable Fiat Rail/Card and MIO3’s risk/AML controls. Final Credit: firm and irreversible crediting once the applicable windows have elapsed and MIO3’s risk/AML controls have been successfully completed.
4.13.2 Nature of the Credit and Restricted Use.
Any funds received through Fiat Rails or Cards will initially be credited as Provisional Credit. While such status remains in effect, MIO3 may limit, hold, or defer, in whole or in part: (i) withdrawals to bank accounts, (ii) on-chain withdrawals or withdrawals to external wallets, (iii) internal transfers, and (iv) secondary market orders.
4.13.3 Windows and Release.
The transition from Provisional Credit to Final Credit will occur once (i) the reversal/chargeback windows applicable to the rail used have closed, and (ii) MIO3’s risk/AML controls have been successfully completed. MIO3 may make funds available in stages in the following order: internal use → crypto/fiat conversion → on-chain withdrawal → withdrawal to a bank account.
4.13.4 Card Payments.
Purchases made with Cards:
May be used solely to acquire assets within the Platform.
Are not eligible for cash-out (fiat or on-chain withdrawal) during the chargeback window, except for refunds to the same payment instrument; and
Are subject to chargebacks, representments, and recoveries. In the event of a chargeback, MIO3 may debit balances, offset amounts, or reverse assets acquired with such funds.
4.13.5 Third-Party Providers and Rules.
MIO3 may use banks, clearinghouses, acquirers, and/or payment gateways. Fund availability, cutoff times, refunds, and recoveries are governed by their own rules, together with the provisions of these Terms.
4.13.6 Display of Availability.
Credits made through Fiat Rails may be displayed as “available” for informational purposes and conditional use; this does not imply actual availability for withdrawal or external transfer until the credit becomes Final Credit.
4.13.7 Preventive Holds.
MIO3 may apply holds or risk reserves to credits and/or Digital Assets acquired with Provisional Credit for the period reasonably necessary to mitigate fraud, chargeback, or non-compliance risks and to complete AML/EDD verification procedures.
4.13.8 Off-Chain Reversal.
If a fiat credit is returned or charged back, MIO3 may reverse the credit, debit the User’s balances, offset amounts, create an immediately due negative balance, and retain assets until the balance is regularized (see 18).
4.14 Crypto Rails and Payments with Digital Assets; Automatic Conversion and Settlement Currency
4.14.1 Definitions.
Crypto Rail(s): channels or mechanisms for deposits and internal transfers of Digital Assets, including stablecoins, into and between accounts within the TOHKN Wallet. Technical Confirmation: the point at which the blockchain network reaches the confirmation threshold 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 in their TOHKN Wallet, such as stablecoins, BTC, or other supported assets. When the transaction is denominated in USD or another currency, the Platform may automatically convert the payment asset into the required nominal equivalent in accordance with the Exchange rules and the applicable fees (Section 20).
4.14.3 Valuation and Execution.
Automatic conversion is executed at the exchange rate available at the time of execution and may include a spread and be subject to slippage. On-screen quotations are indicative; the final price is the execution price (see Sections 4.10 and 7).
4.14.4 Settlement Currency/Asset.
Unless the interface indicates otherwise, MIO3 may settle the transaction in
USD
he asset/currency selected by the User, provided that the applicable pair is available. When the payment asset is not the settlement currency, the Platform will perform the corresponding automatic conversion.
4.14.5 Confirmations, Compliance, and Holds.
Deposits made through Crypto Rails are considered final following Technical Confirmation and compliance validations. MIO3 may temporarily hold assets when risk indicators exist, such as questionable origin or AML/sanctions alerts, even when the deposit has been confirmed on the blockchain (see Sections 11, 12.3, 13.3, and 22). MIO3 shall not be responsible for deposits sent to incorrect addresses, unsupported networks, or without required information, such as memos or tags.
4.14.6 Unsupported Features.
The limitations set forth in Section 4.12 apply, including those related to airdrops, memos, rebases, and other unsupported features. Any attempt to use unsupported features is made at the User’s sole responsibility and risk.
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. The use of beta features may be subject to additional terms displayed within the Platform interfaces.
Custodial Digital Wallets
Digital wallets created exclusively within the TOHKN Platform constitute the only wallets authorized and recognized for the relationship 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 MIO3’s custody, with such assets maintained in secure and segregated custody structures.
In such capacity, MIO3 holds the TOHKN Wallets in custody in accordance with institutional-grade security, business continuity, and regulatory compliance protocols, including applicable obligations relating to Anti-Money Laundering (AML), Counter-Terrorist Financing (CFT), and other applicable 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 (PSAD) and Bitcoin Service Provider (PSB), pursuant to the Digital Assets Issuance Law, the Bitcoin Law of the Republic of El Salvador, and the supplementary regulations issued by the National Commission of Digital Assets (CNAD), the Central Reserve Bank of the Republic of El Salvador (BCR), and the Superintendency of the Financial System (SSF).
The User acknowledges and agrees that they may not link or operate external digital wallets with the Platform or transfer Digital Assets by any means other than those expressly enabled by MIO3.
All custody, transfer, placement, deposit, or withdrawal activities must be carried out exclusively through the TOHKN Platform and TOHKN Wallets, in accordance with the operational procedures and controls established by MIO3.
5.1 Ownership and Segregation of Assets.
Digital Assets placed in TOHKN Wallets are and shall remain the exclusive property of the User. MIO3 acts solely as custodian thereof and does not acquire the right to freely dispose of the Digital Assets placed in TOHKN Wallets.
Unless proven otherwise, the holder of the Digital Assets associated with a TOHKN Account shall be presumed to be their owner and titleholder. This presumption applies for all legal and operational purposes within the Platform, without prejudice to the identity verification, succession, or claims procedures established by MIO3 or applicable law.
Digital Assets placed in TOHKN Wallets are segregated from MIO3’s assets and may not be used, encumbered, or disposed of for MIO3’s own purposes or for the benefit of third parties. Such assets shall not be subject to claims by MIO3’s creditors or form part of any potential insolvency or liquidation proceedings involving MIO3.
MIO3 shall maintain individualized and auditable records for 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 right to withdraw, transfer, sell, or otherwise manage them, subject to:
The technical and operational conditions of the Platform. The laws and regulations in force in the Republic of El Salvador. MIO3’s internal compliance, security, and risk management controls. These rights may be temporarily limited by regulatory processes, audits, or preventive AML/CFT measures, of which the User will be notified whenever possible.
5.2 Security, Access, and Transaction Control.
Access to and use of the TOHKN Account are managed through multi-factor authentication mechanisms, data encryption, enhanced security protocols, and continuous monitoring designed to protect the confidentiality, integrity, and availability of information.
MIO3 applies automated and manual validation and control procedures to all transactions carried out through the Platform in order to preserve the security of funds, operational integrity, and regulatory compliance, including the prevention of fraud, money laundering, and terrorist financing (AML/CFT).
MIO3 may temporarily or permanently restrict, suspend, or reject any transaction or access when, in its reasonable discretion, operational risks, technological incidents, cybersecurity threats, suspected unlawful activity, fraud, or legal or regulatory non-compliance exist.
The User is responsible for maintaining the confidentiality of their access credentials and the security of their devices, as well as for immediately notifying MIO3 of any loss, theft, unauthorized access, or misuse through the official support channels.
5.3 Limited Authority to Dispose of Assets.
MIO3 may not dispose of, transfer, or use Users’ Digital Assets under any circumstances, except in the following cases:
Upon the User’s express instruction through orders issued from their TOHKN Account. In compliance with a judicial or administrative order issued by a competent authority. In exceptional circumstances provided for in these Terms or applicable law.
To adopt good-faith and reasonably necessary measures intended to protect the security of assets under custody, including temporary access limitations, operational adjustments, or proportionate risk-mitigation actions. In all cases where restriction or disposition measures are adopted for security or compliance reasons, MIO3 will notify the User, unless a competent authority provides otherwise or such notice would compromise the effectiveness of the measure.
Under no circumstances will MIO3 carry out unauthorized transfers or dispose of Digital Assets for purposes other than those expressly stated in these Terms.
5.4 Auditing and Compliance Controls.
MIO3 maintains periodic compliance controls and external security and custody audits in accordance with international standards. Custody, transaction, and reconciliation records will be available for review by competent authorities.
MIO3 may use subcustodians or specialized providers, including custody infrastructure, HSM, and key-management providers, subject to equivalent confidentiality and security obligations. The use of third parties does not alter the User’s ownership or the segregation of assets.
5.5 Audits, Attestations, and Proof-of-Reserves.
MIO3 conducts periodic compliance and security reviews and may, at its discretion, publish reports, custody attestations, and/or the results of proof-of-reserves assessments carried out by independent third parties.
Unless required by law or instructed by an authority, MIO3 does not undertake a fixed publication schedule or guarantee the technical scope of such reviews. Any disclosure is made for operational transparency purposes and does not constitute a guarantee regarding the future performance of networks, issuers, or third parties.
5.6 Limitation of Liability.
MIO3 assigns a TOHKN Wallet to the holder of the TOHKN Account and administers the TOHKN Platform in accordance with applicable licenses, regulations, and best practices, using reasonable technical, organizational, and operational measures for the custody and security of TOHKN Wallets.
Notwithstanding the foregoing, MIO3 does not guarantee the continuous and uninterrupted availability of the TOHKN Platform or the absence of failures, vulnerabilities, programming errors, cyberattacks, or regulatory or technological changes that may affect its operation.
The User understands and agrees that the use of the TOHKN Platform and Digital Assets involves inherent risks associated with the decentralized nature of blockchain networks, market conditions, and reliance on external technological infrastructure, and that access to and use of the Platform are undertaken at the User’s sole responsibility and risk.
Under no circumstances shall MIO3 be liable to the User or any third party for losses or direct, indirect, incidental, special, punitive, or consequential damages, 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 when MIO3 has been advised of the possibility of such damages.
Likewise, MIO3 shall not be responsible for blocks, limitations, or restrictions imposed by competent authorities, events of force majeure or acts of God, failures of blockchain networks, interruptions in the services of third-party providers, or acts, omissions, or incorrect configurations attributable to the User.
The User acknowledges and agrees that the TOHKN Platform operates under a regulated custody, traceability, and technological security framework, and that its use is subject to these Terms and Conditions, MIO3’s supplementary policies, and the applicable terms and policies of app stores and technology providers.
5.7 No Insurance or Guarantee of Returns.
Digital Assets held in custody or transacted through the TOHKN Platform do not constitute bank deposits or traditional financial instruments and do not generate guaranteed returns.
Such assets are not covered by any deposit insurance scheme or by fiduciary, governmental, or third-party guarantees in El Salvador, or by equivalent mechanisms in other jurisdictions.
The User acknowledges and agrees that the ownership, custody, or use of Digital Assets involves the risk of partial or total loss of value, as well as illiquidity or market volatility, and that MIO3 does not offer, directly or indirectly, any guarantee of repayment, return, appreciation, or convertibility with respect to such assets.
The custody and use of Digital Assets within the Platform are undertaken at the User’s sole responsibility and risk, in accordance with these Terms and Conditions and applicable law.
5.8 Nature of Stablecoins.
Stablecoins supported on the TOHKN Platform do not constitute fiat currency, bank deposits, or legal-tender payment instruments.
Ownership of stablecoins is subject to risks associated with the issuer, the backing mechanism, the technological infrastructure, and the relevant market.
MIO3 does not issue, back, guarantee, or insure the convertibility, stability of value, or parity of any stablecoin with any fiat currency, and assumes no obligation to redeem or repurchase stablecoins.
The User acknowledges that the value, availability, and use of stablecoins depend on third-party issuers and market conditions, and that such circumstances may affect the liquidity or convertibility of stablecoins deposited or transacted through the Platform.
Exchange Service and Conversion of Digital Assets
MIO3’s Exchange Service allows Users to carry out immediate and transparent conversion transactions between the following pairs:
Cryptocurrencies and fiat currency, such as USD, and vice versa. Eligible cryptocurrencies among themselves, including direct pairs (for example, BTC ↔ USDT) and indirect pairs through an intermediary asset (for example: BTC ↔ USDT ↔ SOL).
6.1 Nature of the Service.
The Exchange is an integrated feature within the Platform designed to facilitate the purchase, sale, and conversion of Digital Assets by Users with TOHKN Accounts.
The Exchange operates as an internal conversion service through which MIO3 may execute orders directly or through liquidity providers or authorized third-party platforms, while at all times ensuring the custody and recording of the resulting transactions in the User’s TOHKN Account.
MIO3 acts as a Digital Asset Service Provider and Bitcoin Service Provider authorized to execute conversions subject to market availability and conditions.
6.2 Execution of Orders.
All exchange transactions are carried out through market-based mechanisms and are subject to asset availability, existing liquidity, and the operational limits established by MIO3.
Applicable prices shall be determined based on verifiable pricing sources, liquidity providers, reference sources, or external aggregators designated by MIO3.
Once confirmed by the User, the order becomes subject to the irrevocability rules set forth in Section 12.2 and will be executed at the exchange rate in effect at the time of execution.
The results of the transaction will be reflected either in real time or on a delayed basis, depending on network congestion, compliance validations, or service availability.
6.3 Transparency and Traceability.
Each exchange transaction will be recorded on the Platform, including:
Source and destination assets. Amount applied and amount received. Exchange rate and reference price. Applicable fees and charges. Time, date, and transaction code. The User may access an auditable and exportable history of all conversions, as well as electronic receipts for completed transactions.
MIO3 will retain complete traceability of the transactions for regulatory compliance and external audit purposes.
6.4 Limitations.
MIO3 may, at any time and at its discretion:
Restrict available trading pairs. Establish amount, frequency, or volume limits for security, liquidity, or compliance reasons. Reject or suspend transactions that it considers risky, irregular, or contrary to applicable law. Temporarily adjust or pause the service due to maintenance, technological contingencies, or regulatory decisions.
6.5 Risks and Disclaimer of Liability.
The User acknowledges and agrees that:
Exchange transactions are subject to price volatility, liquidity variations, and market fluctuations beyond MIO3’s control. Neither MIO3 nor the TOHKN Platform guarantees prices, continuous availability, or immediate execution. MIO3 shall not be responsible for financial losses arising from price variations, network delays, User errors, or external factors. Exchange rates displayed on the Platform are indicative and may vary between the time an instruction is submitted and the time it is executed. The User fully assumes the market and technological risks inherent in conversion transactions and accepts the execution conditions established in these Terms.
6.6 Hard Forks, Airdrops, Rebases, and Network Migrations.
MIO3 may, in its reasonable discretion, choose whether or not to support hard forks, airdrops, supply adjustments (rebases), ticker changes, or network migrations.
In the event of a network event, MIO3 may:
determine the canonical chain for operational purposes; temporarily suspend conversions, deposits, or withdrawals; decline to support resulting assets when operational, compliance, or security risks exist. The User acknowledges that they may not receive certain assets or features resulting from such events if they are not supported by MIO3.
6.7 Deposits/Withdrawals Requiring Tags, Memos, or Other Metadata.
Deposits or withdrawals requiring tags, memos, notes, messages, or specific identifiers may not be processed if the User fails to include such information. Neither TOHKN nor MIO3 guarantees the recovery of funds lost due to errors relating to such requirements.
6.8 Automatic Conversion as Part of Execution.
The automatic conversion described in Section 4.14 forms part of the Exchange execution flow. MIO3 does not guarantee the best price available in the market or immediate execution. Automatic conversion may affect the effective price due to the combined effect of spread, slippage, and fees (see Sections 4.10 and 19).
Service for the Purchase of Digital Assets in the Primary Market
The Service for the Purchase of Digital Assets in the Primary Market allows Users to acquire, directly through their TOHKN Account, Digital Assets issued, structured, and placed on the Platform by duly authorized issuers.
MIO3 acts in its capacity as a Digital Asset Service Provider and not as the 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 Private Offering, as provided under 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 established in the corresponding issuance documentation, including, but not limited to, the Relevant Information Document (DIR), offering circular, whitepaper, or token terms, among others.
MIO3 may act as a technological placement and custody agent, ensuring the secure execution of the transaction and delivery of the digital asset to the User’s TOHKN Wallet once the subscription and validation process has been completed.
7.2 Conditions for the Purchase of Digital Assets.
The payment methods for purchasing Digital Assets in the primary market shall be fiat currency or eligible cryptocurrencies, unless the issuance documentation provides otherwise. Each issuance defines its denomination through the corresponding documentation. When the User uses a different payment method, the Platform may perform the conversion necessary to settle the purchase in the issuance currency.
The User acknowledges and agrees that:
The acquisition is subject to the terms, conditions, and restrictions set forth in the issuance documentation. The acquired assets shall be placed exclusively in the User’s TOHKN Wallet under MIO3’s custody. Any associated rights, benefits, returns, or cash flows shall depend solely on the provisions of the applicable asset’s issuance document. Once the subscription or payment has been confirmed, the order shall be considered irrevocable, unless otherwise provided by law or contract. MIO3 may establish minimum or maximum investment amounts, subscription windows, and settlement periods depending on the asset and market conditions.
7.3 Transparency and Recordkeeping.
All purchases made in the primary market shall be recorded electronically on the Platform, including:
Date and time of acquisition. Identification of the acquired asset. Amount and payment method. Applicable commissions or fees. Settlement and crediting status. Such records constitute operational and auditable evidence and shall prevail over any other receipt in the event of a discrepancy.
The User may access a detailed history and electronic receipts for all transactions through the Platform.
7.4 Authority of MIO3.
MIO3 may, at any time and for justified reasons:
Determine the offerings or Digital Assets available for acquisition. Suspend, modify, or cancel an ongoing offering in the event of security risks, regulatory non-compliance, or instructions from a competent authority. Reject acquisitions that do not comply with KYC/AML/CFT requirements, User documentation requirements, or legal provisions. Adjust settlement or crediting periods in the event of technological or regulatory contingencies. Whenever possible, MIO3 will notify the User of the suspension or cancellation of an offering before its execution or settlement.
7.5 Risks and Liability.
The User acknowledges and agrees that:
Digital Assets available in the primary market are issued by third parties, and MIO3 is not responsible for their value, profitability, liquidity, or performance. MIO3 does not guarantee the future marketability, resale, or appreciation of the acquired digital asset. Offerings may be subject to market, technological, and regulatory risks described in the issuance document. The User must review and understand the associated risks before making any investment. Under no circumstances shall MIO3 be responsible for losses arising from investment decisions, issuer defaults, or changes in the value of acquired assets.
7.6 Conflicts with Issuance Documents.
In the event of a discrepancy between these Terms and the issuance documentation of a digital asset (Relevant Information Document, whitepaper, or token terms), the issuance documentation shall prevail with respect to the asset’s specific conditions, including eligibility, risks, cash flows, schedule, and rights. These Terms shall apply to matters not addressed in such documentation.
Service for the Sale and Transfer of Digital Assets 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 carried out exclusively between Users registered on the Platform through their respective TOHKN Accounts.
MIO3 does not act as a counterparty, broker/intermediary, 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 technological, custody, and settlement infrastructure, ensuring the operational integrity of transactions, and overseeing applicable regulatory compliance.
8.1 Nature of the Service.
This service corresponds to purchases and sales carried out after the initial issuance, meaning secondary-market transactions that allow the direct transfer of Digital Assets between Users within the Platform.
Transactions are executed in accordance with the conditions defined by the selling User and accepted by the buyer, within the operational, compliance, and security limits established by MIO3.
8.2 Conditions of Sale.
Sale transactions may be settled using the following payment methods:
Eligible fiat currency determined by MIO3. Eligible cryptocurrencies determined by MIO3. To execute 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 a valid sell order remains open for such assets. 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 remains open. Once the order has been confirmed, the transaction shall be considered irrevocable, unless otherwise required by law or in the event of a technical error verified by MIO3. Settlement and transfer of the assets shall be completed 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 accordance with its AML/CFT or risk management policies.
8.3 Transparency and Recordkeeping.
All transactions conducted in the secondary market shall be recorded electronically on the Platform, indicating:
Digital asset traded. Transaction price in USD or its equivalent. Date, time, and transaction number. Applicable commissions or charges. Settlement status. The records generated by MIO3 constitute operational and auditable evidence. The User may access a detailed history and electronic receipts for all transactions through the Platform.
8.4 Authority of MIO3.
MIO3 may, in its reasonable discretion and in accordance with applicable regulations:
Determine which Digital Assets are eligible for trading in the secondary market. Establish operational limits or parameters to ensure system stability and security. Suspend, limit, or cancel transactions in cases of suspected fraud, market manipulation, misuse of inside information, or regulatory non-compliance. Temporarily modify service availability for technical, regulatory, or systemic-risk reasons. Whenever possible, MIO3 will notify the User of the suspension, cancellation, or adjustment of affected transactions.
8.5 Risks and Disclaimer of Liability.
The User acknowledges and agrees that:
Secondary-market transactions are subject to price fluctuations, liquidity variations, and counterparty risks. MIO3 does not guarantee the existence of buyers or sellers or the price stability or liquidity of traded Digital Assets. Quotations displayed on the Platform are indicative and may vary between submission and execution of an order. MIO3 assumes no responsibility for losses arising from investment decisions, market fluctuations, or User errors. In the event of technological failures, network congestion, or force majeure, MIO3 may defer settlement or adopt temporary protective measures. The User assumes all risks inherent in trading Digital Assets and expressly releases MIO3 from any claim arising from fluctuations in value, delays, or lack of liquidity.
8.6 Effects of Delisting in the Secondary Market.
If an asset is delisted, MIO3 may cancel open orders, suspend trading, and, where possible, enable a window for withdrawal or liquidation of the asset. The User acknowledges that limited liquidity or regulatory restrictions may limit the available options.
8.7 Market Conduct.
Any form of market manipulation is prohibited, including, without limitation, wash trading, spoofing, layering, front running, and trading based on material non-public information (MNPI). MIO3 may suspend or cancel transactions or restrict accounts when there are reasonable indications of such conduct and may report such activity to competent authorities.
Account Security and Protection
This section governs the technological, operational, and custody security measures applicable to TOHKN Accounts and Digital Assets held in custody by 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 pursuant to a judicial or administrative order.
MIO3 acts exclusively as custodian and administrator under principles of asset segregation, in accordance with the Digital Assets Issuance Law, the Bitcoin Law, their respective regulations, the instructions issued by 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, segregation of environments, continuous monitoring of unusual activity, and internal controls aligned with international standards.
9.1 User Obligations.
The security of the TOHKN Account also depends on the User’s conduct. The User agrees to:
Enable and maintain the multi-factor authentication (2FA) mechanisms provided by the Platform. Protect the confidentiality of their credentials, passwords, keys, verification codes, and devices. Avoid reusing vulnerable passwords or passwords shared with other services. Keep their devices, browsers, and operating systems up to date and avoid connecting through unsecured networks. Immediately notify MIO3, and in all cases within twenty-four (24) hours, of any unauthorized access, loss of credentials, or suspicious activity through the official channels. Not delegate use of the TOHKN Account or permit access by unauthorized third parties. Failure to comply with these obligations may result in preventive suspension or closure of the account and the User’s sole responsibility for any resulting damages.
9.2 Authority of MIO3.
MIO3 may, without liability to the User and in order to safeguard system security:
Temporarily suspend or restrict the TOHKN Account or certain transactions when unauthorized access or risks to the integrity of the Platform are detected. Block individual transactions that show indications of fraud, impersonation, or regulatory non-compliance. Request additional documentation to restore access or verify the User’s identity. Preventively freeze Digital Assets while an internal investigation or an authority’s request is being processed. MIO3 will notify the User of any measure adopted, unless such notice would jeopardize the investigation or the security of the system.
9.3 Limitation of Liability Relating to Security.
MIO3 shall not be responsible for:
Delays or inability to restore access when the User fails to comply with verification procedures and requirements. Losses arising from the User’s negligence in protecting credentials, access keys, or devices. Consequences arising from the use of unsecured networks, software, or equipment. Errors or failures inherent in blockchain networks, forks, congestion, outages, or third-party vulnerabilities.
Interruptions, cyberattacks, technological failures, or deficiencies in services provided by third parties, including telecommunications, internet, energy, cloud-service, payment-processing, SMS-messaging, email, or authentication providers. Events of force majeure or acts of God, including, without limitation: natural disasters, fires, floods, earthquakes, wars, armed conflicts, civil disturbances, widespread power outages, strikes, pandemics, governmental or regulatory actions, legal restrictions, or any other circumstance beyond MIO3’s reasonable control. In all cases, the User acknowledges that use of the TOHKN Platform involves inherent technological and financial risks, which the User assumes entirely and exclusively.
9.4 Limitation of Liability for Investment Returns.
MIO3 does not guarantee returns, interest, or profits arising from investments made through the TOHKN Platform.
The User expressly acknowledges and agrees that:
All investments involve inherent risks, including, without limitation, partial or total loss of capital, as well as market fluctuations, technological risk, and liquidity risk, even when projections, estimates, or illustrative financial information are presented.
Past performance does not guarantee future results. Information published on the Platform is provided solely for informational purposes and does not constitute financial, legal, or tax advice. The User is responsible for evaluating the risks associated with their investment decisions and should engage independent advisers before conducting any transaction on the Platform. Under no circumstances shall MIO3 be responsible for losses, damages, or harm resulting from investment decisions made by the User or from the performance, default, cancellation, or modification of acquired Digital Assets. The User declares that they invest voluntarily, on an informed basis, and at their own risk, releasing MIO3 from all liability relating to the results of such investments.
9.5 Automation and Authorized APIs.
Unauthorized automated access is prohibited. Integration through authorized APIs/SDKs shall be subject to credentials, rate limits, data-use terms, and revocation at MIO3’s discretion in the event of risks or non-compliance.
10.1Regulatory 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 the jurisdiction of their residence, nationality, or location at the time the services are used.
Regulatory compliance is an essential pillar of MIO3’s operations, and MIO3 adopts international standards of transparency, integrity, and prevention of money laundering and terrorist financing (AML/CFT).
10.1 User Obligations.
The User acknowledges and agrees that it is their sole responsibility to:
Comply with local laws and regulations governing the use of Digital Assets and financial services. Use the Platform on their own behalf and refrain from acting as an intermediary, nominee, or representative of third parties without authorization.
Provide truthful and up-to-date information regarding their identity, nationality, tax residence, and source of funds, and immediately report any changes. Comply with obligations relating to anti-money laundering, counter-terrorist financing, fraud, and tax evasion. Refrain from accessing or using the Platform from jurisdictions in which MIO3’s services are prohibited, restricted, or sanctioned. Failure to comply with these obligations may result in the immediate suspension or termination of the account.
10.2 MIO3 Compliance.
MIO3 declares that it operates in accordance with the laws in force in the Republic of El Salvador, including the Digital Assets Issuance Law, 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 (U.S.), the European Union, and OFAC (U.S.), including Know Your Customer and Know Your Business procedures (KYC/KYB), enhanced due diligence (EDD), and continuous transaction monitoring.
To ensure compliance, MIO3 may:
Require additional information, documentation, or verification 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 the services to Users located in:
Countries or territories classified by the FATF as high-risk or non-cooperative. Jurisdictions subject to international sanctions imposed by, including but not limited to, OFAC, the United Nations Security Council, the European Union, or other competent authorities. Countries or territories expressly identified or designated as restricted by MIO3 based on its risk assessment.
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 termination of the TOHKN Account. Temporary freezing of Digital Assets until the legality of their source and destination is verified. Reporting to competent authorities, including the Financial Investigation Unit (UIF) or relevant international entities. MIO3 shall not assume any liability for its inability to provide services when such inability results from legal or regulatory provisions, international sanctions, or force majeure events that limit or restrict its operations in certain jurisdictions.
10.5 Inter-Provider Transfers (Travel Rule).
For certain transfers of Digital Assets, MIO3 may collect, verify, and transmit information regarding the originator and beneficiary, including, without limitation, names, identifiers, and wallet addresses, to other Digital Asset Service Providers (PSADs), in accordance with international standards and applicable regulations. MIO3 may hold, reject, or cancel the transaction when the required information is insufficient, inconsistent, or cannot be verified.
10.6 Data Processing for the Travel Rule.
The processing of personal data associated with the Travel Rule is based on compliance with legal and contractual obligations, as well as the legitimate interest in preventing fraud and financial crime, 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 and do not appear on restrictive lists, including, without limitation, those of OFAC, the United Nations, and the European Union. 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 matters to authorities when required by applicable law.
10.8 Prohibited Persons and Restricted Jurisdictions.
MIO3 shall maintain a policy on prohibited persons and restricted jurisdictions at tohkn.com/legal/restricted. Such list may be updated without prior notice for compliance or risk reasons. Access to and use of the Platform from listed locations or by listed persons may be restricted, suspended, or denied.
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.
Such restrictions may include:
Withdrawal or transfer limits during AML/CFT reviews. Preventive freezes pursuant to regulatory orders. Operational limitations arising from technological updates, network failures, or scheduled maintenance. MIO3 will apply such measures proportionately and temporarily, seeking to minimize the impact on the User.
11.1 MIO3’s Authority to Restrict or Block.
MIO3 may restrict, freeze, or temporarily block a User’s access to Digital Assets in the following circumstances:
When a judicial, administrative, or regulatory order has been issued by a competent authority. When fraud, money laundering, terrorist financing, tax evasion, or any other unlawful activity is detected or reasonably suspected. When the User breaches 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.
Where doing so would not compromise investigations or regulatory measures, MIO3 will notify the User and initiate a documentary review and validation process.
During such process, the assets shall remain intact and under custody, and access shall be restored once the legitimacy of the funds or regulatory compliance has been verified.
11.2 Limitation of Liability.
MIO3 shall not be liable for losses, damages, or harm 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.
MIO3 shall also not be responsible for events attributable to:
Failures or vulnerabilities of external blockchain networks;
Interruptions in services provided by third-party custodians or processors; or
Incidents beyond its reasonable control.
The User may submit evidence or documentation supporting the legitimacy of their assets, and MIO3 undertakes to evaluate such requests in accordance with its internal procedures and applicable law.
11.3 Asset Segregation and Insolvency Protection.
Digital Assets held in custody in TOHKN Accounts:
Do not form part of MIO3’s assets. May not be seized, encumbered, or used to satisfy MIO3’s own obligations. Shall remain fully identified and separated from the company’s other operating assets. In the event of MIO3’s dissolution, liquidation, or insolvency, the Digital Assets held in custody shall be returned to their holders in accordance with Platform records, documentation evidencing ownership, and applicable law.
12.Transactions, Processing, and Execution of Orders
All transactions carried out through the TOHKN Wallet shall be processed in accordance with the operational, security, and compliance procedures established in these Terms and applicable regulations.
12.1 Types of Orders.
Subject to service availability, the User may place the following orders within the TOHKN Platform:
Deposits and withdrawals of Digital Assets or fiat currency. Internal transfers between TOHKN Accounts. External transfers to or from third-party digital wallets authorized by MIO3. Orders to purchase or sell Digital Assets in primary and secondary markets. Exchange orders between cryptocurrencies and fiat currency. All orders shall be executed in accordance with MIO3’s internal protocols, the conditions of the applicable blockchain network, and applicable compliance policies (KYC/AML/CFT).
12.2 Irrevocability of Transactions.
Once confirmed on the blockchain network or internally validated by MIO3, transaction orders shall be final and irrevocable, except in the circumstances expressly provided for in these Terms or when required by a formal instruction from a competent authority.
The User acknowledges and agrees that:
Transactions sent to incorrect, inactive, incompatible, or unverified addresses cannot be reversed, canceled, or recovered. Under no circumstances shall MIO3 be responsible for the loss, inaccessibility, or failure to credit Digital Assets sent outside its infrastructure or to addresses not controlled by MIO3. Any instruction or transaction issued from a TOHKN Account authenticated using the User’s credentials, keys, or authentication factors shall be deemed valid, genuine, and authorized, regardless of who initiated it. In exceptional cases, and solely at MIO3’s absolute discretion, Digital Assets mistakenly sent to addresses within its own infrastructure may be subject to an attempted technical recovery, provided that such recovery is technically and operationally feasible.
Such an attempt does not constitute an obligation, commitment, or guarantee of success and shall not create any liability for MIO3 for the recovery, loss, delay, or damage arising from the attempt or from the failure to attempt recovery.
Any recovery, if undertaken, shall be carried out under the criteria, procedures, and costs determined by MIO3 on a case-by-case basis, and such costs may be charged to the User or deducted from the recovered amount. Under no circumstances shall MIO3 be responsible for losses, damages, delays, transfer 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 shall be subject to validation and security controls, which may include, among others:
Multi-factor authentication (2FA). Verification of the User’s identity. Analysis of suspicious activity patterns. Compliance with KYC/AML/CFT policies and international sanctions, including OFAC, FATF, the United Nations, and the European Union. MIO3 may hold or temporarily suspend a transaction if it detects anomalies, inconsistencies, or operational risks.
Each order shall be recorded electronically, generating a receipt visible within the Platform that includes the unique transaction identifier, time, amount, asset involved, and status. Such record shall constitute operational and auditable evidence.
12.4 Execution Delays.
The User acknowledges that transactions may experience delays due to circumstances beyond MIO3’s control, including:
Network congestion or pending validation on blockchain networks. Maintenance or interruptions affecting external providers or payment gateways. Internal verification procedures, AML reviews, or requests for additional documentation. MIO3 shall not be responsible for such delays.
In the event of prolonged delays, the User may contact support to obtain information regarding the status of their order. MIO3 will address the matter within a reasonable timeframe proportionate to the nature of the event.
Likewise, for security and custody reasons, including offline storage or segregated signing procedures, certain orders may require additional processing windows. This shall not constitute a breach of the service.
12.5 Technical Errors and Fraud.
In the event of operational errors, technical failures, or record inconsistencies affecting the proper execution or accounting treatment of a transaction, MIO3 may, in its sole and absolute discretion, and only when technically and operationally feasible:
Reverse, cancel, adjust, or correct the affected transaction; or
Modify the corresponding balances, leaving documentary evidence or a verifiable electronic record of the process.
Such actions shall not constitute an obligation or admission of liability and shall be performed solely for the purpose of preserving system integrity, record traceability, and operational fairness among Users.
MIO3 shall not be responsible for losses, damages, direct or indirect harm, loss of profits, or loss of opportunity arising from: errors, interruptions, or failures of software, networks, protocols, or technological infrastructure; decisions to reverse, correct, or adjust; or the technical inability or refusal to perform such corrections.
If fraud, identity theft, material error, money laundering, terrorist financing, unlawful activity, or misuse of the Platform is detected or reasonably suspected, MIO3 may, without prior notice and without incurring any liability: Suspend, block, or cancel the transaction or account involved; Temporarily retain the associated Digital Assets or funds while internal verification or compliance investigations are carried out; and
Report the facts or suspicious transactions to competent authorities, including the UIF, CNAD, or other entities as applicable under the relevant regulations.
Such measures shall be adopted preventively and without any obligation to return, compensate, or indemnify the User, even if the transaction is later determined to have been legitimate or not irregular.
12.6 Confirmation and Operational Records.
All transactions processed through TOHKN shall be recorded electronically in MIO3’s systems.
Such records shall include:
Exact date and time of issuance and execution. Unique order identifier. Amounts and assets involved. Confirmation or settlement status. Such records constitute full evidence of the transactions carried out and shall prevail over any external receipt or informal communication.
MIO3 shall retain this information in accordance with its data-retention and regulatory-compliance policies and may make it available to authorities or auditors when required.
12.7 Operational Reversals and Corrections.
In the event of operational failures, reading errors, or improper credits, MIO3 may make accounting adjustments, internal reversals, or balance corrections, leaving a traceable electronic record. Such adjustments do not, by themselves, imply an on-chain reversal where such reversal is not technically feasible or is beyond MIO3’s control.
12.8 Transfers Between Other PSADs and Information Requirements.
For transfers to or from third parties through other PSADs, the information requirements of Section 10.5 (Travel Rule) shall apply. MIO3 may require additional information before executing the order. If the counterparty PSAD does not accept or cannot verify the required information, MIO3 may cancel or hold the transfer until the issue is remedied, without liability for resulting delays.
12.9 Stuck Transactions and RBF.
MIO3 is not required to increase transaction fees (fee bumping) or retransmit stuck transactions through replace-by-fee (RBF). Any manual intervention shall be subject to technical feasibility and security criteria.
12.10 Orders Funded Through Fiat Rails: Provisional Credit and Off-Chain Reversal
12.10.1 Non-Finality and Restrictions.
Any credit through Fiat Rails or Cards is non-final until settlement is confirmed and the applicable reversal/chargeback windows have elapsed. During that period, MIO3 may restrict fiat or crypto withdrawals, internal and on-chain transfers, and may immobilize assets acquired with such funds.
12.10.2 Reversal and Setoff.
If the credit is returned or charged back, MIO3 may: (i) reverse the credit, (ii) debit the User’s fiat or crypto balances, (iii) set off the amount against any asset held on the Platform (see 20.9), and/or (iv) record an immediately due negative balance that must be promptly regularized.
12.10.3 User Cooperation.
The User agrees to cooperate with MIO3 and/or the payment provider in the management of disputes by providing evidence, forms, and statements. Failure to cooperate may extend applicable holds and may result in suspension or account closure (see 21).
12.11 Orders Funded Through Crypto Rails: Technical Confirmation and Compliance Controls
12.11.1 Confirmation and Crediting.
Crypto deposits are credited following Technical Confirmation and internal validations. MIO3 may establish different confirmation thresholds depending on the asset and network.
12.11.2 Risk-Based Holds.
When risk indicators exist, such as matches with sanctions lists, high-risk addresses, or unusual patterns, MIO3 may temporarily immobilize the deposited assets and/or the proceeds of their conversion, even where on-chain confirmation has occurred, until the relevant verifications are completed (see Sections 11, 12.3, and 22).
12.11.3 Operational Reversals.
If improper credits or operational errors are detected, MIO3 may make accounting adjustments or internal reversals, leaving an electronic record thereof (see 12.7). This does not imply an on-chain reversal where such reversal is not technically feasible.
Management of a TOHKN Account Upon the Account Holder’s Death, Incapacity, or Prolonged Inactivity
13.1 Death or Legal Incapacity of the Account Holder.
In the event of the death or judicial declaration of total incapacity of the holder of a TOHKN Account, the duly recognized heir, designated beneficiary, or properly authorized legal representative must formally notify MIO3 in writing of such circumstances and submit the original legal documentation or certified copies evidencing their legal standing, such as a final court order, declaration of heirs, will, judicial appointment of a guardian, or valid notarized power of attorney.
MIO3 may verify, in its sole discretion and through any means it considers reasonable, the authenticity, sufficiency, and validity of the documentation submitted before permitting any access to, disposition of, or transfer of the Digital Assets associated with the TOHKN Account.
Until such verification has been completed and valid instructions have been issued in accordance with applicable law, the Account shall remain blocked, and MIO3 shall assume no liability for delays, unavailability, loss of value, price fluctuations, or associated costs incurred during such process.
13.2 Notice and Preventive Suspension.
Upon receipt of the notice and initial documentation, MIO3 shall temporarily suspend the account and block all transactions, including withdrawals or transfers, until the authenticity of the information has been verified.
In the event of reasonable doubt, inconsistencies, or incomplete information, MIO3 may request additional documentation and maintain the preventive suspension until the validation process has been completed.
If MIO3 has reasonable grounds to believe that the Account holder has died, for example, based on a public, judicial, or institutional notice, it may preventively suspend the account without incurring any liability until the Account holder or their heirs establish the applicable legal status.
13.3 Requirements for the Transfer of Digital Assets.
For the Account holder’s Digital Assets to be transferred to the account of an heir, beneficiary, or legal representative, the following requirements must be satisfied:
In the case of inheritance: judicial or notarized documentation evidencing the person’s status as heir under Salvadoran civil law must be submitted together with valid and current identification. In the case of a designated beneficiary: the designation registered with MIO3, if any, and the corresponding identification documents must be submitted.
In the case of total incapacity: a final judicial decision or valid notarized document evidencing the legal representation of the incapacitated holder must be submitted. In addition, the heir, beneficiary, or representative must: maintain an active and verified TOHKN Account and comply with the applicable KYC/AML/CFT procedures; and accept MIO3’s Terms and Conditions before receiving the assets.
13.4 Verification, Custody, and Resolution.
MIO3 shall validate the documentation received in accordance with its internal procedures and applicable regulations and shall transfer the Digital Assets only after verifying the legitimacy of the rights asserted.
During the process, the assets shall remain held in custody and segregated, shall not generate interest, returns, or additional appreciation, and may not be withdrawn, disposed of, or transferred.
13.5 Limitation of Liability.
MIO3 acts exclusively as a technological operator and custodian of the Digital Assets and assumes no fiduciary duty, agency, advisory role, or legal representation with respect to Users, heirs, or beneficiaries.
MIO3 assumes no liability for:
Delays arising from judicial, notarial, administrative, or verification procedures. Succession disputes or disagreements among heirs, beneficiaries, or representatives. Requests submitted with incomplete, illegible, contradictory, or insufficient documentation. The inability to execute transfers where legal, regulatory, or compliance restrictions, precautionary measures, or instructions from a competent authority apply. Losses, market fluctuations, expenses, commissions, or costs arising from the suspension, custody, or transfer of the assets. MIO3 does not guarantee specific timeframes or particular outcomes for the transfer or release of the assets and shall at all times act in accordance with applicable law, its internal policies, and the principles of diligence and good faith.
The User, their heirs, and representatives acknowledge the irreversible, volatile, and decentralized nature of Digital Assets and fully and irrevocably release MIO3 from any present or future claim, loss, or liability arising from the matters governed by this Section.
13.6 Prolonged Inactivity.
If a TOHKN Account remains inactive, with no transactions, access, or verifiable communication, for a period of twenty-four (24) months or more, MIO3 may:
Attempt to contact the Account holder through the registered contact methods;
If no response is received, temporarily suspend the account and maintain the assets under segregated custody without generating interest or returns; and
If an additional period of twelve (12) months elapses without a response, require documentation evidencing the Account holder’s status or, where it is technically or regulatorily impossible to maintain custody indefinitely, apply the presumed-death or unclaimed-assets procedure in accordance with Salvadoran law and MIO3’s policies.
Throughout the entire process, the assets shall remain segregated and shall retain their status as the exclusive property of the Account holder or their lawful heirs, and MIO3 shall not be responsible for any loss of value, market fluctuations, delays, or costs arising from such prolonged custody.
This provision applies without prejudice to the operational suspension for inactivity governed by Section 22.1.
13.7 Final Transfer and Unclaimed Rights.
Once the requirements have been verified and the process has been resolved, MIO3 shall transfer the Digital Assets of the deceased or incapacitated holder to the TOHKN Account of the authorized heir, beneficiary, or legal representative, leaving a verifiable electronic record of the transaction.
The distribution and transfer shall be subject to applicable legal, tax, and regulatory provisions.
If, upon expiration of the period established under Salvadoran law and the TOHKN Unclaimed Assets Policy, available at tohkn.com/legal/unclaimed, no valid instructions have been received from the Account holder or their successors in interest, MIO3 shall apply the procedure established in such policy, preserving asset segregation at all times and acting without such action constituting escheat or abandonment of property under foreign laws.
In all cases, MIO3 shall exercise reasonable diligence in attempting to locate the Account holder or their lawful heirs or beneficiaries, without assuming any obligation to achieve a specific result or any liability for the inability to establish contact, delays, loss of value, expiration of rights, or any other consequence arising from the passage of time or market conditions.
Customer Service and Dispute Resolution
This section governs the customer-service, claims, and dispute-resolution mechanisms between the User and MIO3 in connection with the use of the TOHKN Account and associated services.
Payment/chargeback disputes: To escalate a Fiat Rail dispute, MIO3 may request forms, statements, and additional evidence; failure to provide them shall suspend the evaluation. The User acknowledges that MIO3 is not a party to the rules of the applicable payment schemes or networks, does not guarantee the outcome of chargebacks or reversals, and may hold, debit, or set off funds in the TOHKN Account to address reversals, adjustments, or recoveries required by processors, acquiring banks, or payment schemes, as applicable.
14.1 Customer Service Channels.
MIO3 makes the following official TOHKN customer-service and support channels available to Users:
Email: [email protected]
Chat through the TOHKN Platform, including the Website (tohkn.com) and the Apps (Android and iOS)
Contact form or internal ticket available in the “Help Center” section.
Only these channels shall be valid for inquiries, claims, or incidents. Any communication made through other means shall have no effect.
Support responses do not constitute legal advice, do not modify these Terms, and do not create any waiver or concession by 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, the User may first contact 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: [email protected]
Telephone 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 Immigration and Foreign Affairs.
Hours: Monday through Friday, from 8:00 a.m. to 4:00 p.m.
14.2 Response Timeframes and Customer-Service Procedure.
MIO3 shall record each request or complaint in its internal tracking system.
MIO3 shall endeavor to respond within indicative periods of up to ten (15) business days following receipt and shall seek to resolve the matter within thirty (30) business days, without such periods constituting an obligation to achieve a particular result.
If the request requires additional information, the applicable period shall be suspended until such information is provided. Timeframes may vary depending on the nature of the matter and operational workload; in all cases, MIO3 shall act diligently and in good faith. Submission of a complaint does not suspend the User’s obligations, including payments, verification requirements, or operational limits.
14.3 Claims and Documentation.
Any dispute or claim must be submitted in writing and accompanied by the necessary supporting evidence and documentation, including screenshots, receipts, emails, transaction records, and similar materials.
MIO3 may reject claims that:
Lack sufficient evidence. Are submitted after the deadline established in Section 14.5. Relate to services, events, or third parties beyond MIO3’s control.
14.4 Dispute-Resolution Mechanisms.
If the User disagrees with the response issued by MIO3, the User may request an additional internal review, which shall be evaluated by a department or person other than the one that originally handled the matter.
The decision issued through such review shall be final at the internal level and shall not create any obligation or acknowledgment by MIO3 beyond what is expressly communicated.
If, after the internal process has been exhausted, the User remains dissatisfied with the outcome, the User may pursue any legal actions they consider appropriate before the competent courts of the Republic of El Salvador, in accordance with Section 26 (Governing Law, Jurisdiction, and Dispute Resolution).
14.5 Deadline for Filing Claims.
Unless otherwise provided by law, any claim must be submitted within fifteen (15) calendar days after the User becomes aware of the event giving rise to the dispute. Failure to submit the claim within such period shall result in the expiration and definitive waiver of the claim.
14.6 Notices and Official Communications.
All communications relating to disputes, claims, or decisions by MIO3 shall be made through the official channels registered by the User and shall be deemed validly delivered upon being sent to the email address or contact method declared in the User’s TOHKN Account. The User is responsible for keeping their contact information up to date.
15. Risks and Warnings
The User acknowledges and agrees that investing in, owning, holding in custody, and using Digital Assets involves 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.
Priority risk notice:
Market: abrupt fluctuations, extreme volatility, and liquidity gaps.
Technology: network failures, congestion, vulnerabilities, or attacks on 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 or sanctions-related processes.
Operations: delays due to validations, security procedures, or system maintenance.
Stablecoin issuer: 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 providing or assuming financial, legal, tax, or investment advice, or any guarantee regarding results, returns, or risk levels.
All information, quotations, or materials available on the Platform are provided solely for general informational purposes and do not constitute a recommendation, offer, invitation, or guarantee of returns. MIO3 does not guarantee the accuracy, timeliness, or completeness of the information, prices, or data presented on the Platform, nor does it assume any obligation to monitor markets or assets.
The User is solely responsible for their investment decisions and voluntarily assumes all risks inherent in the acquisition, custody, and trading of Digital Assets.
It is essential that investors fully understand the nature of and risks associated with their investment and assess the suitability of the investment based on their financial and tax circumstances. Investing in Digital Assets may not be suitable for all investor profiles; therefore, obtaining independent financial and tax advice before investing is strongly recommended.
The TOHKN Platform does not constitute an offer, solicitation, or invitation to invest in any jurisdiction where doing so is prohibited or unauthorized, nor does it constitute a recommendation to subscribe for or purchase Digital Assets.
Documentation relating to Digital Asset issuances displayed or made available on the Platform is provided exclusively by the respective issuers and is purely informational; its display does not imply that MIO3 represents the issuer, acts on its behalf, or assumes responsibility for its content.
16.Digital Asset Risks
The principal risks associated with the use of the Platform and Digital Assets include, without limitation:
Volatility risk: prices may fluctuate sharply due to market conditions, 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, forks, or attacks may compromise the availability or integrity of assets. Custody risk: loss of credentials or access to the TOHKN Account may prevent the recovery of assets.
Liquidity risk: the absence of an active market or demand may prevent the immediate sale or conversion of an asset.
Counterparty or fraud risk: losses resulting from fraudulent acts by issuers, intermediaries, or third parties.
Operational risk: interruptions, maintenance, or failures affecting the Platform or third-party systems may impact the execution of transactions. MIO3 does not guarantee the continuous availability of services or the timely execution of transactions during periods of congestion, maintenance, or network failures. The User must conduct their own independent assessment and, where necessary, seek external professional advice before investing or transacting.
For informational purposes only, the User may consult the “Investment Risk Disclosure” available at tohkn.com/legal.
16.1 Limitation of Liability Relating to Risks.
To the fullest extent permitted by applicable law:
Services provided “as is / as available.” The TOHKN Platform and MIO3’s services are provided “as is” and “as available,” without any express or implied warranties, including, without limitation:
Uninterrupted or error-free availability; fitness for a particular purpose; absence of infringement of third-party rights; accuracy, completeness, or reliability of information, prices, or quotations. Exclusion of indirect damages. Under no circumstances shall MIO3, its directors, employees, affiliates, or shareholders be liable for indirect, incidental, special, punitive, or consequential damages, including loss of profits, data, customers, expected gains, or reputation, even if they have been advised of the possibility of such damages. The User expressly waives any right or action for loss of profits, loss of opportunity, or moral damages arising from use of the Platform.
Maximum liability cap. If any liability cannot be excluded by law, MIO3’s total aggregate liability to the User shall be limited to the lesser of: the total amount of fees and commissions actually paid to MIO3 during the twelve (12) months preceding the event giving rise to the claim; and one hundred United States dollars (USD 100). ## Third-Party Risks and Force Majeure MIO3 shall not be responsible for losses or damages arising from: technological failures, network errors, or forks in blockchain networks; cyberattacks, security vulnerabilities, or network congestion; deficiencies or interruptions affecting external providers, including telecommunications, cloud services, payment gateways, and exchanges; regulatory restrictions, sanctions, embargoes, court orders, or measures imposed by competent authorities; acts of God or force majeure events, including natural disasters, conflicts, power failures, or market suspensions; or the suspension or cessation of operations due to maintenance, updates, or strategic or regulatory decisions adopted by MIO3.
16.2 Express Acceptance of Risks.
The User declares that they understand and accept the risks described, that use of the TOHKN Platform constitutes a voluntary, non-guaranteed activity involving inherent risk, and that they assume sole responsibility for every investment, transaction, or custody decision made through the Platform.
By accepting these Terms and Conditions, the User declares that they understand the speculative and non-guaranteed nature of Digital Assets and expressly, fully, and irrevocably releases MIO3, as well as its directors, employees, affiliates, business partners, and providers, from any present or future liability arising from market fluctuations, investment decisions, technological errors, acts of third parties, regulatory events, or any other factor beyond MIO3’s reasonable control.
This release applies to any loss or damage not attributable to MIO3’s direct willful misconduct.
17.General Warranty Exclusions and Disclaimer
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 a contractual, commercial, or usage relationship.
MIO3 does not guarantee that the services will:
be continuous, uninterrupted, timely, secure, or error-free; meet the User’s specific expectations, objectives, or needs; operate without interruptions, viruses, vulnerabilities, failures, or delays; or produce results that are accurate, reliable, or equivalent to market or investment expectations. The User acknowledges that access to, use, custody, or exchange of Digital Assets through the Platform is undertaken at their sole risk and responsibility.
17.2 No Advice or Recommendation.
The content available on the TOHKN Platform, in support communications, or through 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 provided solely for general informational purposes and may be inaccurate, incomplete, or outdated.
The User declares that they have not received any personalized recommendation from MIO3 and will not make investment decisions based on information published by MIO3 or its affiliates.
17.3 No Fiduciary Relationship.
MIO3 does not act as the User’s fiduciary, agent, bank depositary, broker, adviser, or financial intermediary.
Use of the TOHKN Platform does not create an agency, joint venture, partnership, association, or legal representation relationship between MIO3 and the User.
The User acknowledges that MIO3 provides an automated technological custody and recordkeeping service and does not manage or invest Digital Assets on behalf of Users, except where expressly indicated and subject to the corresponding licenses or authorizations.
17.4 Accuracy, Completeness, and Availability of Information.
MIO3 does not guarantee the accuracy, completeness, timeliness, or continuous availability of the information, data, or prices displayed on the Platform or communicated through official channels.
Such information may come from external sources, providers, or data aggregators whose truthfulness or accuracy cannot be verified at all times.
Under no circumstances shall MIO3 be responsible 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 such services and assumes no responsibility for the User’s use thereof.
Access to third-party services is undertaken at the User’s sole responsibility and risk and shall be subject to the applicable terms, policies, and conditions of such third parties.
17.6 Technological and Security Risks.
The User acknowledges that digital services and blockchain networks are exposed 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 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 fitness, merchantability, accuracy, or suitability for a particular purpose are expressly excluded.
No oral or written communication, promotional material, or Platform feature may be regarded as a warranty, commitment, or representation by MIO3.
17.8 General Release.
The User expressly waives any claim against MIO3 for losses, damages, loss of profits, loss of opportunity, reputational damage, or moral damages arising from the use or inability to use the Platform, except in cases of proven direct willful misconduct by MIO3.
Under no circumstances shall MIO3 be responsible for errors, delays, interruptions, suspensions, cessation of operations, strategic or regulatory decisions, or the actions of third-party providers, networks, or issuers involved in Digital Asset transactions.
17.9 Scope of the Release.
The limitations and exclusions in this Section apply to all claims, whether contractual or non-contractual, judicial or administrative, including negligence, and shall survive the termination or closure of the TOHKN Account.
No provision of these Terms may be interpreted as expanding or reinstating any liability of MIO3 beyond what is expressly provided in these Terms.
The TOHKN Platform may include financial education modules and training tools, which shall be provided solely for informational purposes. MIO3 does not provide financial, legal, tax, investment, or any other type of professional advice.
Information accessible through the Platform, including educational modules, shall not constitute or be interpreted as a suggestion, instruction, recommendation, solicitation, guidance, or invitation to purchase, sell, hold, exchange, or make any specific decision regarding any Digital Asset or cryptocurrency.
The User is solely responsible for assessing the inherent risks associated with their decisions and any investment they make, as well as for obtaining, whenever they consider it necessary, the independent professional advice they deem appropriate. Every investment decision must be independently evaluated by the User, who fully assumes the risks associated with their transactions.
18.Orders and Transactions (General Provisions)
All orders and transactions must be issued and executed exclusively through the mechanisms enabled by MIO3 on the TOHKN Platform. This section establishes general rules and supplements Section 12 (Transactions, Processing, and Execution of Orders), which shall prevail with respect to specific operational matters.
18.1 Irrevocability and Time of Finality.
An order shall become final and irrevocable when it has been confirmed internally by MIO3 or, as applicable, confirmed on the corresponding blockchain network (see Section 12.2). Before that time, cancellation may not be available or may be limited depending on the type of order, its validation status, and technical conditions.
18.2 Order Statuses and Traceability.
Order statuses may vary depending on the type of transaction and technical conditions. Each order may progress through different statuses, which may include, without limitation, the following:
Received (instruction accepted by the system),
Under Validation (security and compliance controls),
In Execution (conversion/transfer/settlement process),
Settled (funds credited/assets transferred),
Failed or Canceled (not executed; reasons will be provided when possible). Electronic records available on the Platform constitute operational and auditable evidence of transactions (see Section 12.6).
18.3 Confirmation and Settlement Times.
Confirmation and settlement times vary depending on the type of order, the blockchain network, liquidity availability, and compliance controls.
As a non-guaranteed operational reference, orders are generally confirmed within up to forty-eight (48) business hours.
Under exceptional circumstances, including network congestion, AML/CFT reviews, maintenance, or regulatory requirements, such timeframes may be extended.
18.4 Cancellations and Modifications.
Orders may not be canceled once they have been confirmed on the Platform, unless permitted by applicable law or technical conditions.
Regardless of any legal provisions, transactions already confirmed on-chain cannot be canceled due to the immutability of blockchain networks and because they are executed outside MIO3’s control.
Before confirmation, the possibility of canceling or modifying an order shall depend on the order status, transaction type, and service conditions. Availability will be displayed in the Platform interface.
18.5 Suspension or Cancellation Due to Risk.
MIO3 may suspend, limit, or cancel orders and transactions when it identifies suspicious activity, fraud, regulatory non-compliance, operational risks, or instructions from a competent authority, including the temporary holding of assets while the corresponding verification is conducted (see Sections 10 and 12.5).
MIO3 will notify the User of the measures adopted whenever possible and where doing so would not compromise investigations or system security.
18.6 Communications and Support.
The status and outcome of each order will be available on the Platform. In the event of questions or incidents, the User may contact support through the official channels (see Section 14). MIO3 will respond to inquiries within a reasonable timeframe based on the complexity of the matter and the information provided.
18.7 Informational Nature of Transaction History.
The transaction history displayed on the Platform for a specific date range is strictly informational and reflects only the activity recorded during that period. Such history does not constitute an account statement, accounting certification, official financial document, or definitive evidence of balances, positions, or obligations in favor of or against the User.
19.Local Payments, Chargebacks, and Preventive Holds
19.1 Classification of Rails.
Banking rails with regulatory refund windows (e.g., Transfer 365 in El Salvador; U.S. ACH under Regulation E/NACHA; PSE in Colombia with electronic-commerce payment reversals; PIX in Brazil with MED and/or precautionary blocking). Immediate banking rails with limited operational refund mechanisms (e.g., SPEI in Mexico, SINPE in Costa Rica, ACH Panama, and regional instant transfers). Cards (Visa/Mastercard and local acquirers), with chargeback windows typically lasting up to 120 days, depending on card-network rules and the grounds for the dispute.
19.2 Reversal Windows.
The baseline windows by country/rail are set forth in Annex D. MIO3 may extend them on a case-by-case basis, for example in cases involving fraud, impersonation, AML indicators, PEPs, or adverse media, and may reduce them for verified low-risk Users or transactions based on factors such as history, limits, L2/L3 KYC, and source of funds.
19.3 Preventive Holds.
MIO3 may apply holds to credits and/or Digital Assets acquired with Provisional Credit for up to the applicable window specified in Annex D in order to:
1. prevent fraud, chargebacks, or reversals
2. complete AML/KYC/EDD verifications
3. mitigate operational or liquidity risk.
19.4 Order of Release.
Release shall occur in stages:
internal use on the Platform;
Conversion into other Digital Assets.
On-chain withdrawal.
Withdrawal to fiat/bank account. MIO3 may phase such availability during the applicable window.
19.5 Reversals and Negative Balances.
If a credit is reversed, returned, or subject to a chargeback, MIO3 may reverse positions acquired with such funds, where feasible, debit them from available balances, or create a negative balance. The User authorizes MIO3 to offset such amounts against any of their funds/assets and to restrict withdrawals until the balance has been regularized.
19.6 Cards: Card-Network Rules and Refunds.
The User acknowledges that Card payments are subject to chargebacks, acquirer representment procedures, and card-network rules. When a chargeback or recovery applies, MIO3 may refund the amount to the same payment instrument and reverse the acquired assets if they remain subject to a hold; if this is not possible, MIO3 may debit the amount from the User’s balances (see 19.5).
19.7 Reserves and Limits.
MIO3 may apply risk reserves (e.g., 10–100% of the credit) and/or limits based on amount, frequency, and the newness of the relationship (account, device, payment instrument) for the duration of the applicable window or for up to 180 days in documented cases of severe risk.
19.8 Disputes and Cooperation.
The User agrees to cooperate with MIO3 and/or the payment provider in connection with disputes by providing evidence, contracts, certificates, delivery receipts, and other relevant documentation. Failure to cooperate may result in suspension, closure, or extension of the applicable hold (see Sections 21 and 22).
19.9 Regulatory Priority.
If local law or a payment-network rule establishes different timeframes or procedures, such timeframes or procedures shall prevail over Annex D.
19.10 Chargeback/Recovery Fees.
MIO3 may charge fees for chargeback/recovery management and third-party costs, including costs imposed by acquirers, clearinghouses, and payment gateways, as disclosed at tohkn.com/legal/fees; such charges may be automatically debited from the User’s balance.
19.11 Reference.
See Annex D (Country/Rail Windows and Holds).
19.12 Disputes, Chargebacks, Refunds, and Setoffs
19.12.1 Definition. A “Chargeback” or “Refund” is a payment reversal initiated by a bank, issuer, card network, clearinghouse, or regulator within the windows established by their applicable rules.
19.12.2 Reference Chargeback/Reversal Windows.
Without guarantee and subject to the applicable Fiat Rail:
Cards (Visa/Mastercard). Various grounds may allow disputes to be submitted up to 120 days from the date of the charge or the event giving rise to the dispute, in accordance with payment-network rules. For example, Visa provides for 120-day limits under certain dispute conditions. Electronic debits/transfers (e.g., Transfer 365, SWIFT, U.S. ACH). For unauthorized consumer transactions, the laws of the User’s jurisdiction may provide a period beginning from the account statement date to report the error and activate consumer protections, which may result in a reversal. Local instant-payment rails. Certain local instant-payment rails may provide refund mechanisms for fraud or error administered by participating institutions. Examples include Transfer365 in El Salvador, under procedures established by the BCR, and PIX in Brazil, through the MED regulated by the Central Bank.
19.12.3 Reserve/Hold During a Dispute.
In the event of a dispute, MIO3 may retain the funds or Digital Assets subject to the dispute until final resolution and may debit them if the matter is resolved adversely to the User.
19.12.4 Negative Balances and Recovery.
MIO3 may offset amounts against any balance or asset belonging to the User and, if such balance or asset is insufficient, maintain and collect the negative balance through charges to saved payment methods, deductions from new credits, or legal collection proceedings.
19.12.5 Chargeback Abuse.
Abusive or repeated use of chargebacks may result in account suspension or closure (Section 22) and reports to competent authorities.
Fees, Commissions, and Network Charges
Depending on the service used, MIO3 may apply the following charges, including but not limited to:
Platform fee: for use of the TOHKN Platform, including the Exchange Service, primary/secondary market services, and internal transfers.
Network charges (blockchain/network fees): amounts charged by third-party networks to process transactions, which are not controlled by MIO3 and are non-refundable.
FX/crypto conversion margin (spread): a margin incorporated into the exchange rate applied to purchases, sales, or conversions.
Custody/administration fee: where applicable.
Withdrawal and/or deposit fee: where applicable.
Issuance/placement or distribution fees: for assets offered in the primary market, where applicable.
Other operational or regulatory charges: where required by applicable regulations or authorized third parties.
The applicable fees shall be published and made available on the Fees and Commissions page within the Platform.
20.1 Prior Transparency and Method of Charging.
Before confirming a transaction, the Platform will display an estimated summary of the total cost, including Platform fees, estimated network charges, and, where applicable, the conversion margin.
Fees shall be automatically deducted from the USD amount or the Digital Asset involved, as indicated in the order.
Default order of application:
Network charges.
Platform fees.
Conversion or exchange fees.
Other applicable charges.
20.2 Conversion Margin and Exchange Rate.
The exchange rate applicable to purchase, sale, or conversion transactions may include a conversion margin (spread) and is dynamic, meaning it may vary between instruction and execution. The final exchange rate shall be the rate in effect at the time of execution in accordance with Sections 6, 8, and 12.
20.3 Rounding, Minimums, and Insufficient Balances.
USD amounts are rounded to two (2) decimal places; Digital Asset amounts are rounded according to the operational precision applicable to each asset, for example, up to eight (8) decimal places for BTC, six (6) decimal places for certain stablecoins, and up to eighteen (18) decimal places for other ERC-20 assets. The interface will display the applicable precision at the time the order is placed. For accounting and reconciliation purposes, MIO3 may maintain greater precision than is displayed on screen.
MIO3 may establish minimum fee or transaction amounts. If the balance is insufficient to cover fees and network charges, MIO3 may reject the order, request additional funds, or, if the transaction has already been partially executed, record a negative balance to be regularized upon the next credit.
20.4 Non-Refundability and Corrections.
Except in the case of an evident error attributable to MIO3, Platform fees are non-refundable once the service has been performed. Network charges and third-party charges are always non-refundable.
In the event of technical errors, MIO3 may adjust balances or reverse charges in accordance with Section 12.5, leaving an operational record thereof.
If a transaction conducted through a Fiat Rail is subsequently reversed, any network/third-party charges and fees already incurred shall not be refundable.
Chargeback/recovery-management fees and third-party charges associated with local payments or Cards shall not be refundable when the dispute is resolved against the User or when the User fails to cooperate or provide evidence.
20.5 Changes to Fees and Notices.
MIO3 may update its Platform fees at any time. Changes shall 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 the official channels.
Network charges and conversion margins (spreads) may vary without prior notice due to market or network conditions.
20.6 Taxes and Withholdings.
The User is solely responsible for calculating, declaring, and paying any applicable taxes, duties, fees, or withholdings. MIO3 may pass through indirect taxes and apply withholdings where required by law, without such action constituting tax advice. The User may access transaction reports through the Platform.
20.7 Billing Disputes.
Disputes regarding applied fees or commissions must be submitted within thirty (30) calendar days after the charge by opening a ticket through the Platform and/or contacting Customer Service with supporting documentation, including the transaction ID, receipts, and screenshots.
MIO3 shall evaluate the claim and communicate its resolution within fifteen (15) business days after receiving the complete case. If additional information is required, the applicable period shall be suspended until such information is provided.
20.8 Promotions and Waivers.
MIO3 may waive, credit, or refund fees in whole or in part through promotions or commercial programs. Such benefits are discretionary and temporary and do not create any vested right.
20.9 Setoff and Negative Balances.
MIO3 may offset negative balances, unpaid fees, and outstanding charges against any funds or Digital Assets belonging to the User and held on the Platform, leaving an electronic record of the applied setoff.
User Obligations and Responsibilities
21.1 General Obligations.
The User agrees to: (i) use the TOHKN Platform solely for lawful and personal purposes and in accordance with applicable law; (ii) provide and maintain truthful, accurate, and up-to-date information; and (iii) comply with these Terms and the policies published by MIO3 on the Platform.
21.2 Security and Use of Credentials.
The User is solely responsible for the confidentiality of the credentials, passwords, verification codes, and devices associated with their TOHKN Account. The User must:
Keep their credentials under their control and not share them.
Immediately notify MIO3 of any suspected unauthorized access or security breach (Section 9).
Assume the consequences of failing to report such events in a timely manner. MIO3 shall not be responsible for losses arising from unauthorized access resulting from the User’s negligence.
21.3 Regulatory Compliance and Permitted Conduct.
The User shall strictly comply with applicable regulations, including AML/CFT requirements and international sanctions, and shall refrain from:
Conducting fraudulent transactions or transactions intended to circumvent sanctions.
Allowing unauthorized use on behalf of third parties.
Introducing malicious software or interfering with the Platform.
Gaining unauthorized access to MIO3’s or third parties’ systems.
Impersonating others.
Using unauthorized automation or scraping.
21.4 Consequences of Non-Compliance.
Non-compliance may result in the suspension or termination of the TOHKN Account, reports to authorities, and any other measures provided for in these Terms. MIO3 may block, limit, or restrict activities that are contrary to law or its policies.
21.5 Device Security and Incident Reporting (Supplementing Section 9).
21.5.1 Best Practices.
The User must: keep 2FA enabled and, where possible, biometric authentication; keep the operating system and App updated; not use rooted or jailbroken devices; not share passwords or 2FA codes; avoid public networks for sensitive transactions; use a 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 by email, chat, or telephone. Official channels are listed in the Help Center. Any communication outside those channels should be treated as suspicious.
21.5.3 Reporting Loss, Theft, or Unauthorized Access.
The User must immediately, and within no more than twenty-four (24) hours, report through the official channels any loss or theft of devices, exposure of credentials, or unauthorized access. Following the report, MIO3 may: terminate all active sessions, temporarily block the account or transactions, request additional verification and credential rotation, and maintain preventive measures until the review has been completed.
21.5.4 Liability for Delay or Negligence.
A delay or failure to report an incident, or failure to comply with these practices, may result in losses borne by the User and shall authorize MIO3 to suspend the account in accordance with Section 21.4.
21.5.5 Relationship with Other Policies.
The provisions of this section shall be interpreted as supplementary to Section 9 (Account Security and Protection). In the event of a discrepancy, the provision that provides greater protection for the integrity of the system shall prevail.
Suspension, Blocking, and Closure of a TOHKN Account
22.1 Temporary Suspension.
MIO3 may temporarily suspend any TOHKN Account when:
There is a breach of these Terms and Conditions or applicable law. Suspicious or potentially unlawful transactions are detected.
Operational, technological, or security risks arise. There has been prolonged inactivity for more than twelve (12) months without a login or transaction. During the suspension, the User may not conduct transactions, although the User may be informed of the reason when legally and operationally possible. MIO3 shall notify the User by email or through the Platform, indicating the steps required for restoration.
If the suspension is due to inactivity, MIO3 will endeavor to contact the User and, if the inactivity continues for an additional one hundred eighty (180) days, shall proceed with permanent closure in accordance with Section 22.3.
The foregoing is without prejudice to Section 13.6 (Prolonged Inactivity), which applies to special location and/or succession-management procedures after twenty-four (24) months of inactivity.
22.2 Precautionary Blocking.
MIO3 may temporarily block a TOHKN Account without prior notice when any of the following exist:
Judicial, regulatory, or administrative requirements. Reasonable suspicions of fraud, money laundering, terrorist financing, or other unlawful activities. Critical risks to the security of the Platform or the Digital Assets held in custody. The block may remain in effect for the duration of the internal investigation or verification process. MIO3 shall communicate the outcome to the User once the process has been completed and may request additional documentation before restoring or closing the account.
When reversal or chargeback requests are pending in connection with local fiat rails or Cards, MIO3 may preventively block assets for the duration of the applicable window (see Section 19 and Annex D).
22.3 Permanent Closure of the TOHKN Account.
Closure of the TOHKN Account may be:
Voluntary, at the User’s request through the Platform, provided that no pending processes or disputes exist. Involuntary, when MIO3 determines that circumstances persist that compromise regulatory compliance, security, or the interests of Users. Closure terminates the contractual relationship and results in the deletion of personal data in accordance with the Privacy Policy, except where retention is required by law or a competent authority.
22.4 Grounds for Involuntary Closure.
The TOHKN Account may be permanently closed for the following reasons:
Repeated breach of these Terms and Conditions or the Acceptable Use Policy. Prolonged inactivity in accordance with Section 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 transactions. A request from a competent judicial, regulatory, or administrative authority. Any other reasonable cause that, in MIO3’s judgment, compromises the integrity of the Platform, regulatory compliance, or the security of assets held in custody.
22.5 Review and Appeal.
If the User believes that the suspension, blocking, or closure was unjustified, the User may request a review through the official contact channels.
MIO3 shall evaluate the request, may require additional documentation, and shall respond within a reasonable timeframe, without this creating an obligation to restore the account if the measure was lawful or necessary.
22.6 Effects on Assets and the Status of the User’s Account in the Event of Suspension, Blocking, or Closure.
22.6.1 Suspension or Blocking.
During any period of account suspension or blocking, the User’s Digital Assets shall remain under segregated custody, and MIO3 may not dispose of, transfer, or encumber them, unless a legal mandate, court order, or regulatory requirement requires their execution or immobilization.
22.6.2 Permanent Account Closure.
Permanent closure terminates the contractual relationship between the User and MIO3. MIO3 shall notify the User of the closure decision, stating the grounds 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 complete such action, MIO3 may arrange for the Digital Assets to be sold in the secondary market in accordance with prevailing market conditions and reasonable operational criteria. The resulting amount shall be settled in a stablecoin pegged to the United States dollar, such as USDT or another equivalent asset, and credited to a settlement wallet under MIO3’s custody, where it shall remain until withdrawn by the User.
The User acknowledges and agrees that MIO3 does not guarantee or insure the price, liquidity, timing, execution, or value obtained from the liquidation of the Digital Assets, as such parameters depend exclusively on market factors beyond MIO3’s control. Liquidation shall be carried out under a standard of operational reasonableness, without any obligation to obtain a minimum price or specific financial result.
The provisions of Sections 9 (Account Security and Protection), 10 (Regulatory Compliance), and 21 (User Obligations and Responsibilities) shall continue to apply where relevant.
Prevention of Fraud and Financial Crime
23.1 AML/CFT Program and Scope.
MIO3 maintains an Anti-Money Laundering and Counter-Terrorist Financing Program (AML/CFT) consistent with Salvadoran law and international standards (FATF/GAFI). The program includes, without limitation:
Identification and verification (KYC) of customers, Authorized Users, and, where applicable, ultimate beneficial owners. Enhanced due diligence (EDD) for high-risk customers, countries, products, or transactions. Sanctions and restrictions screening, including OFAC, UN, and EU lists, and the identification of politically exposed persons (PEPs) and adverse media. Internal policies and controls, training, and periodic audits.
23.2 Monitoring, Detection, and Preventive Measures.
MIO3 conducts continuous transaction monitoring to detect unusual or suspicious transactions. When reasonable indicators or legal requirements exist, MIO3 may hold, reject, suspend, or cancel transactions and/or apply preventive freezes to assets in accordance with Sections 10 and 22.
23.3 User Information Requirements.
The User agrees to provide truthfully and in a timely manner any information and documents requested by MIO3 to verify identity, economic activity, source and destination of funds, or other compliance matters. Failure to provide such information, or the submission of incomplete or inaccurate information, may result in operational limitations, suspension, or closure of the TOHKN Account (Section 22).
23.4 Reports to Authorities and Prohibition on “Tipping Off.”
MIO3 may report unusual or suspicious transactions to competent authorities, including the UIF, FGR, or others, and cooperate with judicial or administrative requests without incurring liability to the User.
When required by law, MIO3 shall not be authorized to notify the User of the existence of a report or an ongoing investigation (the prohibition on “tipping off”).
23.5 Record Retention.
MIO3 shall retain identification, documentation, and transaction records for the periods required by applicable law or competent authorities, even after account closure, in accordance with the Privacy Policy.
23.6 Information Sharing with Third Parties.
To comply with the AML/CFT Program and operate the Platform, MIO3 may share information with external providers, including identity-verification, sanctions-screening, transaction-analysis, payment-gateway, custody, and cloud-service providers, subject to confidentiality and security obligations and the Privacy Policy. When this involves international data transfers, the safeguards required under applicable data-protection regulations shall apply.
23.7 User Cooperation.
The User agrees to cooperate fully with MIO3 and competent authorities in any investigation related to their TOHKN Account or transactions conducted through the Platform. Failure to comply with this obligation may result in immediate suspension, blocking of assets, and/or account closure, without prejudice to any required reports (Sections 10 and 22).
23.8 Limitation of Liability.
MIO3 shall not be responsible for damages or losses arising from reasonable suspensions, blocks, rejections, or delays carried out in good faith to comply with AML/CFT laws, orders from authorities, or its internal risk-management policies.
Intellectual Property and Rights of Use
24.1 Ownership.
All content, designs, source code, software, architecture, algorithms, databases, trademarks, trade names, logos, interfaces, text, graphics, icons, documents, audiovisual materials, and any other technology used on the TOHKN Platform (hereinafter, the “Content”) are the exclusive property of MIO3 or its licensors, technology partners, or authorized providers.
Use of the Platform does not transfer to the User any intellectual or industrial property rights and does not grant any licenses other than those expressly established in these Terms.
24.2 Limited License to Use.
MIO3 grants the User a personal, limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the TOHKN Platform and its services solely for personal and lawful purposes in accordance with these Terms and Conditions.
Such license is granted “as is” and does not confer ownership rights over the software or any of its components.
This license constitutes the basis of the End User License Agreement (EULA) described in Section 2.
24.3 Use Restrictions.
Unless MIO3 has provided prior written authorization, the User may not, including without limitation:
Copy, reproduce, distribute, modify, adapt, translate, create derivative works from, or publish the Content. Decompile, disassemble, reverse engineer, or attempt to obtain the source code of the Platform or any of its components. Use the Platform for commercial, advertising, or unfair-competition purposes. Remove, alter, or delete copyright notices, trademarks, or proprietary legends. Interfere or attempt to interfere with the normal operation of the Platform or its servers. Upload, store, or transmit any material that infringes third-party intellectual property rights.
24.4 Trademarks and Trade Names.
The registered trademarks “MIO3” and “TOHKN,” their logos, symbols, trade names, and distinctive elements are the exclusive property of MIO3. Their use without express written authorization is strictly prohibited.
The User acknowledges that TOHKN is a registered trademark and that any infringement may be pursued in accordance with applicable intellectual property laws.
24.5 Third-Party Content and Open-Source Licenses.
The Platform may incorporate third-party components, libraries, or APIs licensed under open-source or commercial terms. The use of such components shall be subject to the license terms of their respective owners, which MIO3 will identify in the technical documentation or within the Platform.
24.6 Reporting Infringements.
If the User believes that any content available on the Platform infringes intellectual property rights, they may report it by emailing [email protected] and providing supporting evidence and documentation. MIO3 will evaluate the claim and, where appropriate, take the corresponding measures in accordance with applicable law and international best practices, including the procedures established under the Digital Millennium Copyright Act (DMCA) and WIPO treaties.
24.7 Market Data and Dynamic Content.
Prices, quotations, order books, historical data, and other market data displayed on the Platform are intended for the User’s personal and non-commercial use.
Copying, publishing, sublicensing, distributing, or commercially exploiting such data, as well as unauthorized automated access, including web scraping, crawling, or similar techniques, is prohibited unless authorized under a written license from MIO3. Automated access may only be carried out through authorized APIs/SDKs.
24.8 Comments and Suggestions (Feedback).
If the User submits ideas, suggestions, improvement proposals, bug reports, or other comments relating to the Platform (“Feedback”) to MIO3, the User grants MIO3 a worldwide, non-exclusive, irrevocable, perpetual, transferable, sublicensable, and royalty-free license to use, reproduce, modify, distribute, create derivative works from, and otherwise exploit such Feedback for any commercial or non-commercial purpose, without any obligation of attribution, notice, or compensation.
General Limitation of Liability in Connection with Use of the Platform
25.1 General Principle.
The TOHKN Platform and MIO3’s services are provided “as is” and “as available,” without any express or implied warranty of uninterrupted availability, fitness for a particular purpose, or absence of errors.
MIO3 acts with due diligence and in good faith but does not guarantee that the Platform will be free from technical failures or interruptions.
25.2 Exclusions of Liability.
MIO3 shall not be responsible for losses, damages, interruptions, or delays arising from causes beyond its reasonable control, including, without limitation:
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, including cloud-service providers, payment processors, messaging providers, or authentication providers. Regulatory changes, judicial decisions, or measures imposed by authorities. Force majeure events or acts of God, such as natural disasters, armed conflicts, pandemics, or governmental actions.
25.3 User Errors and Improper Transactions.
The User expressly releases MIO3 from all civil, criminal, contractual, or non-contractual liability for losses, errors, or damages arising from:
Transfers made to incorrect addresses or recipients. Incorrect entry of amounts, assets, or credentials. Payments or transfers made to unintended third parties. Misuse of the TOHKN Account by the User or Authorized Users. Failure to exercise due care or verify information before executing transactions. MIO3 is not required to recover Digital Assets transferred in error, and any resulting loss shall be the User’s sole responsibility.
25.4 Maximum Liability Cap.
To the fullest 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 the acts, omissions, or failures of third-party providers involved in providing services associated with the Platform, including banks, payment processors, blockchain networks, or technology providers.
Any contractual relationship, risk, or loss arising from the User’s interaction with such third parties shall be the User’s sole responsibility.
25.6 Relationship with Other Sections.
This clause shall be interpreted as supplementary to Sections 15 (Risks and Warnings) and 21 (User Obligations and Responsibilities), and the most restrictive limitation of liability permitted under applicable law shall always prevail.
25.7 MIO3’s Operational Authority.
By virtue of the foregoing authorizations, MIO3 is legally authorized to:
facilitate, through the Platform, the placement and distribution of Digital Assets issued by third parties in the primary and secondary markets in accordance with the LEAD; safeguard and hold Digital Assets or their means of access, including keys, tokens, or equivalent instruments, through TOHKN Wallets; receive, transmit, and execute orders to purchase, sell, or exchange Digital Assets, including assets representing rights, securities, or tokenized financial instruments; intermediate conversion transactions between fiat currency (USD), Bitcoin (BTC), and other eligible Digital Assets in accordance with the Bitcoin Law; transfer Digital Assets or their means of control between natural or legal persons, within the TOHKN ecosystem or to third parties, in accordance with applicable compliance requirements; and administer tokenized investment products, the distribution of returns, and the records associated with transactions carried out on the Platform.Licensing and Nature of the Platform MIO3, S.A. de C.V., in its capacity as a duly registered Digital Asset Service Provider (PSAD) and Bitcoin Service Provider (PSB) (Section 1), confirms that the TOHKN application and Platform are developed, operated, and administered directly by MIO3 in accordance with its current regulatory authorizations.
MIO3 is not a financial institution, does not provide financing, does not accept deposits from the public, does not manage portfolios or investments on behalf of Users, and does not provide services reserved for regulated financial institutions.
25.9 Supervision and Regulatory Compliance.
MIO3’s operations are subject to continuous supervision and oversight by the competent authorities:
The CNAD, with respect to services provided as a Digital Asset Service Provider (PSAD). The BCR and SSF, with respect to operations as a Bitcoin Service Provider under the Bitcoin Law. MIO3 maintains policies relating to anti-money laundering (AML), counter-terrorist financing (CFT), personal-data protection, corporate governance, technological risk, and cybersecurity, in accordance with national regulations and international standards, including FATF/GAFI and ISO/IEC 27001.
25.10 Compliance with International Regulations (SEC / FINRA)
25.11 Scope and Limitations.
The authorizations granted do not imply any government guarantee regarding investments, Digital Assets, or any returns generated.
The User acknowledges that TOHKN’s services are provided exclusively under MIO3’s responsibility, in accordance with its current regulatory licenses, and that the risks associated with transactions are borne entirely by the User, as provided in Section 15 (Risks and Warnings).
25.12 Disclosure and Transparency.
MIO3 shall make documentation evidencing its current registrations and authorizations available in the tohkn.com/legal/licencias section, updated in accordance with the guidelines of the CNAD, BCR, and SSF.
26. Governing Law, Jurisdiction, and Dispute Resolution
26.1 Governing Law.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of El Salvador, including, without limitation:
The Digital Assets Issuance Law (LEAD) and its regulations;
The Bitcoin Law and its supplementary provisions;
The Civil Code, the Commercial Code, and all other applicable regulations governing contractual, technological, and consumer-protection matters, as well as all other applicable laws. No provision of these Terms may be interpreted in a manner contrary to the laws and regulations in force in El Salvador.
26.2 Dispute Resolution and Class Action Waiver.
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 and waive any other venue that may otherwise apply by reason of their present or future domicile, the places designated for the performance of their obligations, or any other basis for territorial jurisdiction.
26.2.1 Class Action Waiver.
To the fullest extent permitted by law, you and MIO3 agree to resolve disputes solely on an individual basis and not as a plaintiff, class member, representative, or private attorney general in any class, consolidated, or representative action.
Nothing in the foregoing prevents MIO3 from seeking injunctive relief before competent courts to protect the security, intellectual property, or operational integrity of the Platform.
26.3 Language and Legal Notices.
These Terms and Conditions were originally drafted in Spanish, which shall prevail over any translation in the event of any discrepancy or question of interpretation.
Any legal notice, claim, or communication must be submitted in writing to [email protected] or to MIO3’s legal address.
Complaints and Claims Procedure
27.1 Submission Channels.
Complaints or claims must be submitted through either of the following official channels:
Help Center / Support within the TOHKN Platform by opening a ticket; or
Email: [email protected] These are the only valid channels for traceability and response purposes.
27.2 Minimum Requirements.
To initiate the process, the User must provide:
Full name and email address registered with the account,
Detailed description of the matter,
Approximate date and time,
Transaction ID, if applicable,
Supporting evidence, including screenshots, receipts, system messages, and similar materials.
27.3 Acknowledgment of Receipt and Case Number.
MIO3 shall issue an acknowledgment of receipt and assign a case number within a maximum period of ten (10) business days following receipt.
27.4 Evaluation and Resolution.
MIO3 shall evaluate the request and communicate its decision or a reasoned update regarding the status of the case within a maximum period of thirty (30) business days following receipt of all required information.
If additional information is required from the User, the applicable period shall be suspended until such information is provided.
27.5 Possible Outcomes.
MIO3’s response may determine, among other outcomes:
Resolved, with corrective measures, adjustments, or refunds where applicable,
Partially resolved,
Denied, with the corresponding reasons.
27.6 Escalation.
If the User is dissatisfied with the decision, they may request an internal review and, if the disagreement persists, resort to the mediation mechanisms or judicial proceedings provided for in Section 26 (Governing Law, Jurisdiction, and Dispute Resolution).
27.7 Privacy and Records.
The information submitted shall be processed in accordance with the Privacy Policy. MIO3 shall retain the case records for the applicable statutory periods.
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 Assets Issuance Law (LEAD), the Bitcoin Law, and the applicable regulations issued by the CNAD, BCR, and SSF.
The collection and processing of personal data are governed by the Privacy Policy published at tohkn.com/legal.
28.2 Data Processed.
MIO3 may securely and on a limited basis collect, store, and process: identification and contact information; financial and transactional data associated with the TOHKN Account; technological and usage data, including, without limitation, IP addresses, activity records (logs), devices, and approximate location; and data derived from KYC/AML/CFT procedures.
28.3 Legal Bases for Processing.
In addition to consent, processing is based on:
the performance of the agreement and provision of services; compliance with legal and regulatory obligations, including KYC/AML/CFT and Travel Rule requirements; MIO3’s legitimate interest in fraud prevention and technological security; and compliance with requests from competent authorities.
28.4 Purposes.
To verify the User’s identity and legitimacy; comply with legal and regulatory obligations; manage the opening and maintenance of the Account; ensure the security and traceability of transactions; prevent fraud, money laundering, and terrorist financing; and provide Platform services and features. MIO3 does not sell personal data.
28.5 International Transfers and Storage.
Data may be processed or hosted outside El Salvador in cloud environments that meet the security standards established by MIO3. Appropriate contractual clauses and safeguards shall apply.
28.6 ARCOPOL Rights.
The User may exercise their rights of access, rectification, cancellation, and objection by writing to [email protected]or through the Help Center, in accordance with the timeframes established by law and the Privacy Policy.
28.7 Consistency with App Stores.
Privacy disclosures in the App Store and Google Play reflect the categories and purposes described in this Section and the Privacy Policy. In the event of any discrepancy, the Privacy Policy published on the Platform shall prevail.
28.8 Notice of Security Incidents.
In the event of security incidents that may significantly affect Users’ personal data, MIO3 shall act with reasonable diligence to mitigate risks and, where required by applicable law, notify the competent authorities and/or affected Users through the official channels.
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 (PSAD) and Bitcoin Service Provider (PSB), applies comprehensive policies and procedures for Anti-Money Laundering and Asset Laundering (AML), Counter-Terrorist Financing (CFT), and Counter-Proliferation Financing of Weapons of Mass Destruction (CPF).
These procedures are implemented in compliance with:
The Digital Assets Issuance Law (LEAD) and its regulations. The Bitcoin Law and related regulations. Legislative Decree No. 498, the Anti-Money and Asset Laundering Law. 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/CPF and KYC policies are mandatory for all Users, whether natural persons or legal entities, and for all transactions conducted through the TOHKN Platform, including:
Registration and identity verification of Users (KYC). Custody and administration of Digital Assets. Purchase, sale, exchange, and transfer of Digital Assets. Issuance, placement, and trading of tokenized assets.
29.3 Due Diligence Procedures (KYC).
MIO3 implements identity-identification and verification procedures that may include the collection of official documents, financial information, source-of-funds information, and any other data required under applicable regulations.
MIO3 may request additional information or periodic updates to the User’s profile in accordance with enhanced due diligence and continuous-monitoring policies.
29.4 Preventive Measures and MIO3’s Authority.
MIO3 may:
Require additional information or documentation at any time. Suspend or block accounts or transactions when there are reasonable suspicions of money laundering, terrorist financing, or unlawful activity. Report suspicious transactions to the Financial Investigation Unit (UIF) of the Ministry of Finance and to the competent authorities, including the CNAD, BCR, and SSF. Deny or cancel transactions that do not comply with applicable standards or that pose risks to the integrity of the Platform.
29.5 International Commitment.
MIO3 adopts and applies international compliance standards, including the 40 Recommendations of the Financial Action Task Force (FATF/GAFI) and the regional guidelines of GAFILAT, ensuring that all transactions are carried out within a framework of transparency, traceability, and legal certainty.
29.6 AML/KYC Policy.
For further details regarding specific identity-verification, transaction-monitoring, and anti-money laundering and counter-terrorist financing procedures, the User must consult TOHKN’s AML and KYC Policy available on the Platform and TOHKN’s official website.
Exclusion and Limitation of Liability
30.1 Nature of the Information.
The TOHKN Platform and all its content, materials, tools, features, and informational resources are provided solely for general informational and educational purposes.
Although MIO3 endeavors to keep published information current, accurate, and truthful, it does not guarantee its accuracy, completeness, timeliness, reliability, or availability at all times.
30.2 No Professional Advice.
The information contained on the Platform does not constitute financial, legal, tax, accounting, investment, or any other type of professional advice.
No description of Digital Assets, projections, simulations, indicators, or past returns shall 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 advisers before making any investment or transaction decision.
30.3 Technical Operation and Availability.
MIO3 does not guarantee the continuous, error-free, or uninterrupted availability of the TOHKN Platform or the absence of technical failures, delays, transmission errors, or data loss.
MIO3 shall not be responsible for damages or losses arising from:
interruptions or failures affecting technological systems, servers, blockchain networks, validators, or external providers; viruses, cyberattacks, security breaches, or connectivity failures; decisions or actions taken by the User based on incomplete or outdated information.
30.4 Third-Party Content and Links.
The Platform may contain links, references, or integrations with third-party websites or services.
MIO3 does not control or assume responsibility for the content, availability, accuracy, or privacy policies of such websites or services. Access to them shall be at the User’s sole responsibility.
30.5 Exclusion of Liability for User Decisions.
MIO3 shall not be responsible for decisions, investments, losses, or damages arising directly or indirectly from the use of the Platform, its content, or TOHKN’s services.
The User agrees that all transactions and investments made through TOHKN are undertaken at their sole risk and responsibility.
30.6 Limitation of Liability.
To the extent permitted by applicable law, MIO3’s total liability to the User shall be governed by the limitation set forth in Section 16.1.
Third-Party Links, Content, and Services
31.1 External Links.
The TOHKN Platform may contain links or references to websites, platforms, applications, services, or content operated by third parties. Such links are provided solely for the User’s convenience.
MIO3 does not control, supervise, or guarantee the availability, accuracy, security, legality, quality, or timeliness of third-party websites 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 for, or using any third-party website or service is undertaken at the User’s sole responsibility and risk.
The User is advised to carefully review the terms, conditions, and privacy policies of such third parties before accessing them or providing personal or financial information.
31.3 Limitation of Liability.
MIO3 shall not be responsible for losses, damages, harm, or consequences arising from the use of third-party websites, content, or services, or from failures in their availability, accuracy, or integrity.
The inclusion of links or integrations does not imply any association, sponsorship, recommendation, or commercial relationship with their operators.
32. Privacy.
The collection and processing of personal data are governed by Section 28 (Privacy and Data Protection) and the Privacy Policy published on the Platform.
For transparency purposes, MIO3 may process:
Identification and contact information.
Browsing and technological data.
Financial and transactional data to verify identity (KYC/AML/CFT), ensure security, improve the service, and comply with legal obligations.
For all matters not addressed in this Section, Section 28 and the current Privacy Policy shall prevail.