1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you", "User", "Client"), and Fractur Technologies LTD ("Fractur", "we", "us", or "our"), concerning your access to and use of the Fractur tokenisation infrastructure, asset-management workflows, API integrations and associated protocols.
By accessing the platform, you agree that you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, you are expressly prohibited from using the platform and must discontinue use immediately.
2. Tokenisation Infrastructure Services
Fractur provides technology and workflows for the digital representation and servicing of defined real-world asset rights. Our services include:
- Product architecture and coordination with qualified legal counsel.
- Digital representation of defined rights under the approved product structure.
- Infrastructure for issuance, onboarding, servicing and reporting.
- Permissioned transfer workflows, reconciliation and distribution records.
Disclaimer: Fractur does not provide investment, financial, tax, or legal advice. Fractur does not operate an exchange. Regulated activities are performed by the relevant authorised institutions under the arrangements applicable to each product.
3. User Eligibility & KYC/AML
Asset owners, issuers and authorised users must complete the verification required for their tokenisation programme. Holder access is governed by the eligibility rules of the relevant product.
3.1 Identity Verification
All users must successfully pass our rigorous Know Your Customer (KYC), Know Your Business (KYB), and Anti-Money Laundering (AML) checks before any wallet address is whitelisted by our smart contracts.
3.2 Product Eligibility & Holder Controls
Your asset programme must define the permitted holder categories and applicable access restrictions. Asset owners and issuers must provide accurate product documentation and work with the relevant authorised institutions to implement those requirements.
4. Real Estate & SPV Bridging
The legal right represented by a digital unit is defined in the relevant product documentation. A token does not by itself establish direct title to real estate.
- A product may represent a contractual claim, company share, bond or registered interest, according to its approved structure.
- The legal rights, voting power, and dividend structures attached to tokens are governed exclusively by the Shareholder Agreement and Articles of Association of that specific SPV.
- Fractur ensures technical synchronisation between the blockchain ledger and the real-world SPV registry, but ultimate legal recourse lies with the SPV structure.
5. Blockchain & Smart Contract Risks
By interacting with our platform, you acknowledge the inherent risks of Distributed Ledger Technology (DLT):
- Immutability: Blockchain transactions are irreversible. Any available recovery or corrective action depends on the network, product structure and authorised controls.
- Smart Contract Vulnerabilities: While smart contracts are subject to security review, there is always a residual risk of bugs, exploits, or protocol failures in underlying networks (e.g., Ethereum, Polygon).
- Network Fees: Applicable network and operating fees are governed by the arrangements for your tokenisation programme.
6. Secondary Transfers & Liquidity
The rights represented by a digital unit depend on its product structure. To maintain absolute regulatory alignment, permissioned transfer controls apply the restrictions defined for each product.
Transfer Restrictions: You acknowledge that units issued under your product may be subject to legal lock-up periods, jurisdictional sanctions, or limits on the maximum number of shareholders per SPV. A transfer will fail if the receiving wallet is not verified (whitelisted) by Fractur's compliance oracle.
7. Limitation of Liability
To the maximum extent permitted by law, Fractur Technologies LTD, its directors, employees, and strategic partners (including AH Holdings) shall not be liable for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or loss of digital assets arising from your use of the platform.
Fractur does not guarantee the liquidity, future value, or rental yield performance of any tokenised asset listed on the platform.
8. Governing Law & Jurisdiction
These Terms and your use of the platform are governed by and construed in accordance with the laws of the Dubai International Financial Centre (DIFC), United Arab Emirates.
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be settled by the DIFC Courts.