Terms of Use (Platform – Generic)
A jurisdiction-aware skeleton for tokenization platforms. Use this as a guided starting point to define user eligibility, platform scope, risk disclosures, and compliance duties.
When you need this
Any platform that onboards users for digital asset issuance or trading should publish Terms of Use. It frames the operator–user relationship, aligns expectations, reduces legal risk, and signals investor protection to partners and regulators.
What this template covers
- Eligibility & Accounts — age/capacity, onboarding accuracy, account security, right to suspend.
- Services & Limitations — platform = technology provider; no investment advice or custody unless stated.
- Regulatory & Compliance — KYC/AML, sanctions, geo-blocks, information requests, cooperation duties.
- Fees & Taxes — disclosure & updates; user tax responsibility.
- User Conduct — no abuse, fraud, or market manipulation; no interference or scraping beyond the law.
- IP & Content — licenses to operate the service; user-submitted content permissions.
- Risk Disclosures — volatility, liquidity, custody, forks, regulatory change; total loss risk.
- Third-Party Providers — custodians, PSPs, KYC vendors under their own terms.
- Suspension/Termination — breach, risk, legal requests, maintenance; survival of core clauses.
- Disclaimers & Liability Caps — “as is”, limitation of damages, indemnities.
- Governing Law & Disputes — law, forum/arbitration; consumer carve-outs where mandatory.
- Changes & Notices — update mechanics, effective date, communication channels.
Important: this is an educational skeleton. Always adapt to your license scope, asset types, custody model, and jurisdiction.
How to customize (checklist)
- Replace placeholders:
[Company Legal Name],[Jurisdiction],[Platform Name], contacts. - Define your service perimeter: issuance only? secondary trading? order types? no advice/no custody?
- Align with compliance stack: KYC tiers, sanctions workflow, geo-blocks, incident reporting.
- Map custody & wallets: segregated accounts, whitelists, withdrawal rules, insurance notes.
- Finalize risk language: product-specific, blockchain/fork risks, tech downtime, liquidity.
- Pick governing law & forum consistent with your licensing/partners (e.g., AIFC court, EU seat, NY law).
- Cross-link Privacy Policy and Cookie Policy; add DPA if you’re a controller+processors mix.
Jurisdictional notes (examples)
- EU / MiCA: add references to whitepaper obligations (where applicable), appropriateness/suitability rules, and marketing disclosures; ensure consumer law compatibility.
- AIFC / Kazakhstan: reference AIFC law and dispute forum (AIFC Court/ICCA), include AML/CFT and client asset handling per local guidance.
- Mauritius / VAITOS: reflect licensed activities scope, outsourcing (custody/PSP), capital/insurance conditions in disclaimers.
- El Salvador / DASP: incorporate wallet/custody specifics, consumer protection, and reporting cadence.
- US (Reg D): for subscription flows, add investor representations, transfer restrictions, legends, and secondary trading constraints.
FAQ
Is this legal advice? No. This is an educational template to accelerate drafting. Get a lawyer to tailor it to your facts and license.
Can we reuse it for other products? Yes, but update risk, custody, and compliance sections per product and venue.
Download & next steps
Start with the skeleton and adapt it to your stack. We can align it with MiCA, AIFC, VAITOS, DASP, or US Reg D requirements.