HomeStake (HSTK) Token Sale - Terms and Conditions

Last updated: October 23, 2024

1. Introduction

These Terms and Conditions represent a legally binding agreement between you and ReTok Partners GmbH. By participating in the HomeStake (HSTK) token sale, you acknowledge and agree that failure to comply with any of these provisions may result in immediate disqualification from the token sale, revocation of your rights to HSTK tokens, and potential legal action under applicable laws.

By participating in the HomeStake (HSTK) token sale, you (“Investor,” “Purchaser,” or “You”) agree to comply with and be bound by the following Terms and Conditions, which govern your participation in the token sale and use of the HomeStake platform. Please read these Terms carefully. If you do not agree with any of these Terms, you must not participate in the token sale or access the HomeStake platform.

These Terms are entered into by and between ReTok Partners GmbH ("Company," "we," or "us") and the Purchaser. ReTok Partners GmbH is a company incorporated in Zug, Switzerland, and operates in accordance with Swiss law.

Contact Information

ReTok Partners GmbH

Dammstrasse 16, 6300 Zug, Switzerland

Email: legal@retok.partners

2. Eligibility

2.1. Age Requirement

You must be at least 18 years old or of legal age in your country to participate in the HomeStake token sale.

2.2. Compliance with Laws

By participating in the HSTK token sale, you represent that your participation complies with the laws of your jurisdiction, including any regulations relating to securities, tax, or other applicable laws. It is your responsibility to ensure that your participation does not violate any local regulations.

2.3. U.S. Investors

U.S. persons may participate in the HSTK token sale, provided that their participation fully complies with applicable U.S. laws, including securities, tax, and anti-money laundering regulations. It is your responsibility to ensure compliance, and ReTok Partners GmbH reserves the right to disqualify participants found in violation of any applicable U.S. laws.

The HSTK token is offered strictly as a utility token and is not classified as a security under U.S. law.

2.4. Jurisdictional Disclosures

By purchasing HSTK tokens, you acknowledge that it is your responsibility to comply with any laws and regulations applicable in your jurisdiction. ReTok Partners GmbH disclaims any liability for non-compliance with local laws by participants. Each participant is responsible for understanding and adhering to all legal and regulatory requirements that may apply to the purchase, sale, or use of HSTK tokens in their country.

3. Token Nature and Purpose

3.1. Utility Token

The HSTK token is classified as a utility token under applicable laws and is designed solely for use within the HomeStake platform. It is not a security, commodity, or any form of financial instrument. The primary function of the token is to grant access to platform services, such as real estate project tokenization, governance voting, and staking.

3.2. No Expectation of Profit

Purchasing HSTK tokens should be done with the intent of using them on the platform, not with the expectation of financial gain. HSTK does not entitle you to any profit-sharing, dividends, ownership rights, or any financial returns.

4. Risks

4.1. Risk Disclosure

Purchasing HSTK tokens involves various risks, including, but not limited to, risks associated with the volatility of token markets, blockchain technology, regulatory changes, and cybersecurity risks. By agreeing to these Terms, you acknowledge that you fully understand and accept these risks.

No Guarantees

The value of HSTK tokens may fluctuate, and there is no guarantee that the tokens will hold any particular value after purchase. You accept the risk that the value of your tokens may decrease or be subject to high volatility.

5. AML/KYC and Compliance

5.1. KYC Requirement

To participate in the HSTK token sale, all purchasers must complete a Know Your Customer (KYC) process, which includes identity verification. We use third-party service providers to facilitate this process, and failure to complete KYC will disqualify you from participating.

5.2. AML Compliance

ReTok Partners GmbH follows strict Anti-Money Laundering (AML) standards. Your participation in the HSTK token sale is subject to ongoing AML compliance checks, and any suspicious activity may result in disqualification or other legal actions.

Participation in the HSTK token sale is subject to ongoing KYC/AML monitoring throughout the sale process. ReTok Partners GmbH reserves the right to disqualify any participants at any time if suspicious activity is detected or if participants are found to violate local or international regulations.

5.3. Restricted Jurisdictions

The HomeStake token sale is not available to residents or entities from certain restricted jurisdictions. The banned countries include:

Iran
Syria
Russia
Belarus
Venezuela
Sudan
South Sudan
Libya
Myanmar (Burma)
Cuba
Central African Republic (CAR)
Mali
Iraq
Yemen
Lebanon
Zimbabwe
Democratic Republic of Congo (DRC)
Somalia
Eritrea
Afghanistan
Bosnia and Herzegovina
Guinea
Nicaragua

We strictly comply with international sanctions lists, including those from the U.S. Office of Foreign Assets Control (OFAC), the EU Sanctions List, the UN Sanctions List, and the Swiss State Secretariat for Economic Affairs (SECO).

5.4. Data Privacy Compliance

The Company is committed to protecting the privacy of all participants. The personal data collected during the KYC process will be handled in accordance with applicable data protection regulations, including the General Data Protection Regulation (GDPR) for EU users and the California Consumer Privacy Act (CCPA) for U.S. residents. By participating in the token sale, you agree to the collection and use of your data for KYC/AML purposes.

Participants have the right to request access to their personal data, correction, deletion, or restriction of processing in line with the GDPR and CCPA regulations. You can exercise these rights by contacting us at legal@retok.partners.

6. Tax Responsibilities

By participating in the HSTK token sale, you acknowledge that you are solely responsible for determining and fulfilling any tax obligations that arise as a result of purchasing, holding, or selling HSTK tokens. ReTok Partners GmbH will not provide tax advice or take responsibility for any tax filings, payments, or consequences related to your participation.

7. Use of HSTK Tokens

7.1. Platform Access and Utility

The HSTK token is a functional token used within the HomeStake platform. It is required for platform services, including access to tokenized real estate projects, participation in governance, staking, and unlocking premium features.

7.2. Non-Investment Purpose

The HSTK token is not intended for investment purposes. It is a utility token meant for use within the HomeStake ecosystem. The token does not confer any rights to ownership, dividends, or other forms of profit-sharing, nor is it designed to appreciate in value.

7.3. Lock-Up and Vesting Schedules

Any tokens allocated to team members, advisors, or early investors will be subject to vesting or lock-up schedules. These schedules are designed to promote long-term alignment with the platform’s objectives and ensure market stability. Further details on these schedules can be found in the project’s whitepaper.

All lock-up and vesting schedules will be transparently outlined and publicly available to ensure clarity on token allocation and market stability.

8. Prohibited Use

8.1. No Illegal Activity

You agree not to use HSTK tokens or the HomeStake platform for any illegal purposes, including money laundering, terrorism financing, or any other unlawful activities.

8.2. No Speculative Trading

HSTK tokens are exclusively designed for utility use within the HomeStake platform and must not be used for speculative trading, investment purposes, or other financial gain outside the platform. You acknowledge that any use of HSTK tokens for speculative purposes may violate these Terms and result in disqualification from the platform.

8.3. No Refunds

Purchases of HSTK tokens are final and non-refundable. Once you have completed the token purchase and the tokens are allocated, there will be no refunds, cancellations, or returns. This policy applies to all participants, and no exceptions will be made. You acknowledge that the token purchase is irreversible and that you have conducted all necessary research before purchasing HSTK tokens.

9. Limitation of Liability

9.1. No Liability for Losses

ReTok Partners GmbH shall not be liable for any losses incurred by you as a result of your participation in the token sale or use of the HomeStake platform. This includes, but is not limited to, losses caused by token value fluctuations, hacking, technical issues, or changes in regulatory environments.

9.2. No Warranties

The HomeStake platform and HSTK tokens are provided "as is" without any warranties, express or implied. We make no guarantees about the functionality, performance, or availability of the platform.

9.3. Force Majeure

ReTok Partners GmbH shall not be liable for any delay or failure to perform any of its obligations under these Terms if such delay or failure is caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, acts of government or regulatory authorities, cyber-attacks, or disruptions to blockchain networks.

In the event of force majeure, ReTok Partners GmbH reserves the right to delay, suspend, or modify the token sale, issuance of tokens, or platform operations as necessary. All participants will be promptly notified of any such delays or changes, and we will take reasonable steps to ensure the continuity of services once conditions stabilize.

9.4. Platform Availability

ReTok Partners GmbH does not guarantee that the HomeStake platform will be available at all times. Temporary suspensions may occur due to maintenance, system upgrades, or unforeseen technical issues. ReTok Partners GmbH shall not be held liable for any losses resulting from the platform’s temporary unavailability.

10. Dispute Resolution

10.1. Governing Law

These Terms and any disputes arising from your participation in the token sale or use of the HomeStake platform shall be governed by and construed in accordance with the laws of Switzerland.

10.2. Arbitration

Any disputes or claims arising from these Terms shall be settled under the Swiss Rules of International Arbitration, conducted by the Swiss Arbitration Centre in Zurich, Switzerland, in accordance with the Swiss Rules of International Arbitration.

11. Final Provisions

11.1. Modifications

ReTok Partners GmbH reserves the right to modify these Terms at any time. All changes will be posted on the HomeStake website, and participants will receive notification via email or other communication channels. Your continued participation in the token sale following such modifications constitutes your acceptance of the revised Terms.

11.2. Entire Agreement

These Terms constitute the entire agreement between you and ReTok Partners GmbH with respect to the token sale and the use of HSTK tokens. No other agreements, representations, or warranties will apply.

By participating in the HomeStake token sale, you agree to be bound by these Terms and Conditions.