GENERAL TERMS
By consulting the https://stokr.io (the "Site"), you accept the following terms and conditions. As the content of the Site might change, we invite you to consult this page regularly. As used herein, the term "you" and "your" shall mean the user of this Site, and the term "STOKR", "we" and "our" shall mean STOKR S.A, a Luxembourg public company limited by shares (société anonyme), with professional address at 9, rue du Laboratoire, L-1911 Luxembourg and registered with the Luxembourg Register of Commerce and Companies under B 226 662, business licence number No. 10098697/1, and with VAT number LU31077475.
1. STOKR Organizational Statement / Regulatory Supervision
STOKR is the brand under which all offices operate. STOKR is an accessible and easy to use peer-to-peer investment platform connecting investors and business founders to finance forward-thinking ideas and to share future profits or revenues. STOKR is a virtual asset service provider, registered with the Commission de Surveillance du Secteur Financier (CSSF) in Luxembourg for AML/CFT supervision. STOKR provides the following services in the sense of the definition given for virtual asset service providers under the Law of 12 November 2004 on the fight against money laundering and terrorism financing, and in particular the services listed under Article 1, paragraph 20 quarter under subparagraphs (c), (d) and (e) as follows: 1. the transfer of virtual assets; 2. the administration of virtual assets or instruments enabling control over virtual assets; and 3. the participation in and provision of financial services related to an issuer’s offer or sale of a virtual asset.
2. Legal Disclaimer
Note that any information contained in this Site is subject to copyright. Any program, publication, design, product, Process, software, technology, information, know-how, or idea described in, or related to, the Site may be the subject to other rights, including other intellectual property rights, which are owned by STOKR or one of its legal entities or other parties and are not licensed to you hereunder. The information contained in this Site is for general guidance on matters of interest only. The application and impact of laws can vary widely based on the specific facts involved. Given the changing nature of laws, professional standards, rules and regulations, and the inherent hazards of electronic communication, we do not guarantee or warrant the Site will be uninterrupted, without delay, error-free, omission-free, or free of viruses. Accordingly, the information on this Site is provided with the understanding that the authors, publishers and STOKR are not herein engaged in rendering professional advice and services. As such, it should not be used as a substitute for consultation with professional advisers. Before making any decision or taking any action, you should consult a STOKR professional. While we have made every attempt to ensure that the information contained in this Site has been obtained from reliable sources, we are not responsible for any errors or omissions, or for the results obtained from the use of this information. All information in this Site is provided “as is”, with no guarantee of representation, of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. In no event will STOKR, including any STOKR entity, partners, agents or employees thereof, be liable to you or anyone else for any decision made or action taken in reliance on the information in this Site nor for any damages, even if advised of the possibility of such damages. Certain links in this Site connect to other web sites maintained by third parties over whom we have no control. STOKR makes no representations as to the accuracy or any other aspect of information contained in other web sites.
3. STOKR Agreements
You may enter into several other agreements with STOKR by using our Site. For example, you may need to agree with our Cookies Policy, our Privacy Statement and in case you open an account at STOKR with the Terms of Use and the Privacy Terms. All our agreements and notices and other agreements you may enter into, or notices you may be provided with, in connection with your use of the Site intended to be consistent with each other and should be read and interpreted together. By opening an account at STOKR, you hereby irrevocably appoint STOKR as your attorney for the duration of your account, granting STOKR the power to execute and deliver, in your name and on your behalf, all necessary documents and perform all requisite actions as required by the Luxembourg law of 10 August 1915 on commercial companies, as amended from time to time, to effect the terms and conditions of any subscription to notes, bonds, or other securities facilitated through the account. This appointment includes, without limitation, the execution of any private deed required under the Luxembourg Civil Code. You acknowledge and agree that this power of attorney is granted in connection with the services as stated in the paragraph above and shall remain in effect for the duration of your account, subject to any outstanding obligations or transactions that require completion. STOKR shall not be liable for any actions taken in accordance with this power of attorney, provided such actions are lawful and within the scope of the authority granted herein.
4. Payment
STOKR has partnered with Mangopay to facilitate and provide a payment solution for the ventures listed on our Site. Mangopay S.A. is a Luxembourg limited liability company and holds an electronic money institution licence issued by the Commission de Surveillance du Secteur Financier (CSSF), allowing it to provide payment services throughout the European Economic Area. Please take note of the following important information: Mangopay exclusively provides its services to the ventures listed on our Site. Their primary role is to handle and process payments related to the offers made by the ventures. As such, the terms and conditions of Mangopay do not apply to investors or users who utilize one of the proposed methods of payment to make an investment. The terms and conditions applicable to the ventures can be found here: https://mangopay.com/terms-and-conditions/payment-services. If you are a user looking to make an investment through Mangopay on our website, we encourage you to review Mangopay's privacy policy separately. You can find this policy by visiting Mangopay's website here: https://mangopay.com/privacy-statement. STOKR has also integrated the BFX Pay service to users who wish to invest in one of our ventures and wish to do so with Tether. For more information on what personal data is shared when you chose the BFX Pay route please check their privacy policy here: https://www.bitfinex.com/legal/bitfinex-pay/end-user-terms.
5. Refund Policy
Investors can fund ventures via the investment process on the STOKR interface and via a manual process for the Private Funding1. If the Investor decides to fund a venture, he or she will indicate how much he or she wishes to invest, and whether he or she wishes to invest with crypto-assets or EUR (as applicable at the time the Offering Period2 starts). If Investors have together invested an amount which is equal to the Minimum Fundraising Amount3 prior to the end of the Offering Period (including any Private Funding), the Offering4 will be successful and the venture will receive the total funding amount in crypto-assets and/or EUR depending on the funding type received from the investors on the venture account. Otherwise the investors will receive the amount of his or her investment credited back to his or her investor account (blockchain address or the bank account that did the payment), and the Offering will be deemed terminated. The refund can only be performed on the card or bank account that did the initial payment.
6. Professional investor
Investors, who consider to have the necessary knowledge and experience in relation to certain products listed on our Site, can apply to be classified as a professional investor. Upon classification as a professional investor or eligible counterparty, the protection provisions for private clients will no longer apply or the investor will lose the level of protection. To ensure compliance with regulatory requirements, we will assess the appropriateness of the investment opportunities on our Site for the investors who request to be treated as professional investors. This is done via the platform and through our third-party service providers - DonauCapital Wertpapier GmbH and tokenstreet GmbH. For this process, we will share specific personal information with our service providers. The information shared includes personal data such as your name, contact details and professional activity. Additionally, financial information pertinent to the qualification process will be shared, including but not limited to your income, net worth, investment history, and financial statements.
7. Jurisdiction
The laws of Luxembourg shall exclusively govern all disputes and all other proceedings outcoming of the connection and the content of this Site and all agreements you may enter into with STOKR. The Court of Luxembourg-City shall have exclusive jurisdiction over all disputes and all other proceedings related to the content and the connection to this Site.
8. Notices
Please address any query or notice in respect of the legal relationship between you and STOKR to [email protected].
1 "Private Funding"means a private placement for a limited amount of investors.
2 ”Offering Period”means the period during which the tokens are offered to investors at set-out in the Offering terms.
3 “Minimum Fundraising Amount”means the minimum funding amount that the venture wishes to raise by way of the Offering calculated in EUR during the Offering Period.
4 ”Offering”means the digital token offering initiated by the venture using the STOKR interface and/or the technical and corporate structure created with the assistance of STOKR.
