Effective Date: [Insert Date]
Version: 1.0
Please read these Terms of Service carefully before using the BitSukuk Wallet Service.
By creating an account, accessing, or using the BitSukuk Wallet Service, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service.
Digital assets, tokenized Sukuk, blockchain technologies, and digital custody services involve risks. You should obtain independent legal, financial, tax, and Shariah advice before using the Services.
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and DIGITAS LLP together with its affiliates, trustees, custodians, technology providers, successors, and assigns ("BitSukuk", "Company", "we", "our", or "us").
These Terms govern your access to and use of the BitSukuk Wallet Service and all related services, including digital asset wallets, tokenized Sukuk services, custody solutions, trustee services, escrow services, settlement infrastructure, APIs, mobile applications, web applications, smart contract interfaces, and any other services offered by BitSukuk.
By accessing or using the Services, you agree to be bound by these Terms.
BitSukuk provides technology infrastructure and digital asset services designed to facilitate:
• Digital asset wallet management
• Tokenized Sukuk administration
• Custody and safekeeping services
• Trustee-controlled digital asset structures
• Escrow and settlement services
• Smart contract execution
• Digital asset transfers and reporting
BitSukuk does not provide investment advice, legal advice, tax advice, accounting advice, financial advice, or Shariah advice unless expressly stated otherwise in a separate written agreement.
Nothing contained within the Services should be construed as a recommendation to buy, sell, hold, transfer, or invest in any digital asset or financial instrument.
To use the Services, you represent and warrant that:
• You are at least eighteen (18) years of age.
• You possess full legal capacity to enter into binding agreements.
• You are not subject to sanctions or restrictions imposed by any governmental authority.
• You are not located in a jurisdiction where use of the Services is prohibited.
• Your use of the Services complies with all applicable laws and regulations.
Institutional users further represent that they possess all necessary approvals and authority to act on behalf of their organization.
BitSukuk may require users to complete identity verification procedures before accessing certain Services.
Verification procedures may include:
• Know Your Customer (KYC)
• Know Your Business (KYB)
• Customer Due Diligence (CDD)
• Enhanced Due Diligence (EDD)
• Source of Funds verification
• Source of Wealth verification
• Beneficial Ownership verification
• Anti-Money Laundering (AML) screening
• Counter-Terrorism Financing (CTF) screening
• Sanctions screening
BitSukuk reserves the right to reject, suspend, restrict, freeze, or terminate any account that fails verification requirements or presents unacceptable compliance risks.
BitSukuk may provide various wallet structures including:
Wallets controlled by individual users.
Wallets managed by authorized representatives of corporations, funds, cooperatives, trusts, or other legal entities.
Wallets requiring approval from multiple authorized parties before transactions may be executed.
Wallets operated under trustee oversight and governance controls.
Wallets used for conditional holding, settlement, and release of digital assets.
Wallets where private keys may be controlled by BitSukuk or an approved custodian.
BitSukuk reserves the right to modify, suspend, or discontinue any wallet type at its sole discretion.
BitSukuk may facilitate the issuance, administration, custody, transfer, settlement, redemption, and reporting of tokenized Sukuk.
Users acknowledge that rights relating to tokenized Sukuk remain subject to:
• Applicable trust deeds
• Information memoranda
• Prospectuses
• Offering documents
• Subscription agreements
• Shariah approvals
• Applicable laws and regulations
Ownership of a token does not automatically grant rights beyond those expressly stated in the relevant offering documentation.
Where custody services are provided, BitSukuk may utilize one or more of the following arrangements:
• Cold storage environments
• Multi-signature custody systems
• Hardware Security Modules (HSM)
• Trustee-controlled custody structures
• Institutional-grade custody providers
• Qualified custodians
• Segregated custody accounts
BitSukuk may appoint sub-custodians, trustees, technology providers, settlement agents, or other service providers where reasonably necessary.
You agree to:
• Maintain accurate and up-to-date information.
• Safeguard your login credentials and authentication devices.
• Maintain the confidentiality of your account information.
• Promptly notify BitSukuk of any unauthorized access.
• Comply with all applicable laws and regulations.
• Provide requested compliance information when required.
• Cooperate with investigations, audits, and regulatory inquiries.
You remain solely responsible for all activities conducted through your account.
Users agree to pay all applicable fees associated with the Services.
Fees may include:
• Wallet service fees
• Custody fees
• Trustee fees
• Escrow fees
• Administration fees
• Settlement fees
• Transfer fees
• Redemption fees
• Network fees
• Gas fees
• Compliance processing fees
Applicable fees may be amended from time to time and published through the Services.
BitSukuk maintains compliance programs designed to satisfy applicable AML, CTF, sanctions, and regulatory requirements.
BitSukuk may:
• Request additional information.
• Delay or reject transactions.
• Freeze assets.
• Restrict account access.
• Report suspicious activities.
• Disclose information to regulators and authorities.
Users acknowledge that regulatory obligations may override transaction instructions.
Users shall not:
• Engage in money laundering.
• Facilitate terrorist financing.
• Conduct fraudulent activities.
• Violate sanctions laws.
• Engage in market manipulation.
• Attempt unauthorized system access.
• Use the Services for unlawful purposes.
• Violate securities or financial services laws.
Any violation may result in immediate suspension or termination.
Digital assets and tokenized securities involve significant risks, including but not limited to:
• Market risk
• Liquidity risk
• Counterparty risk
• Custody risk
• Technology risk
• Cybersecurity risk
• Smart contract risk
• Regulatory risk
• Blockchain network risk
• Operational risk
Past performance is not indicative of future results.
Users are solely responsible for evaluating the suitability of any investment or transaction.
Users acknowledge that blockchain transactions:
• May be irreversible.
• May be publicly visible.
• May be delayed.
• May incur network fees.
• Depend on third-party blockchain infrastructure.
BitSukuk cannot guarantee transaction confirmation times or network availability.
Certain products and services may be reviewed by qualified Shariah scholars or a Shariah Advisory Board.
Users acknowledge that:
• Shariah interpretations may evolve.
• Different scholars may hold different opinions.
• Shariah approval of one product does not imply approval of all products.
Users are encouraged to obtain independent Shariah advice where necessary.
BitSukuk may suspend, restrict, freeze, or terminate any account without prior notice where:
• Compliance concerns arise.
• Fraud is suspected.
• Security risks are identified.
• Regulatory action is required.
• These Terms are violated.
Upon termination, BitSukuk may continue to retain records where required by law.
To the maximum extent permitted by law, BitSukuk shall not be liable for:
• Indirect losses
• Consequential losses
• Loss of profits
• Loss of opportunity
• Blockchain failures
• Third-party service interruptions
• Cybersecurity incidents beyond reasonable control
• Force majeure events
BitSukuk's total liability shall not exceed the fees paid by the User during the twelve (12) months preceding the claim.
You agree to indemnify and hold harmless BitSukuk, its officers, directors, employees, affiliates, trustees, custodians, advisors, agents, and service providers against any claims, losses, liabilities, damages, costs, and expenses arising from:
• Your breach of these Terms.
• Your misuse of the Services.
• Your violation of applicable laws.
• Fraudulent or unlawful conduct.
These Terms shall be governed by the laws of Malaysia.
Any dispute arising out of or in connection with these Terms shall first be resolved through good faith negotiations.
If a dispute cannot be resolved amicably, it shall be referred to arbitration in Kuala Lumpur, Malaysia in accordance with the rules of the Asian International Arbitration Centre (AIAC).
The arbitration award shall be final and binding.
BitSukuk reserves the right to amend these Terms at any time.
Updated versions shall become effective upon publication through the Services.
Continued use of the Services constitutes acceptance of the revised Terms.
DIGITAS LLP
B15-18 iSOVO @ iCITY
Jalan Persiaran Multimedia
Seksyen 7
40170 Shah Alam
Selangor, Malaysia
Email: legal@bitsukuk.com
Website: www.bitsukuk.com
These Terms, together with the Privacy Policy, Risk Disclosure Statement, Custody Agreement, Trust Deed, Offering Documents, Subscription Agreements, and any supplemental agreements, constitute the entire agreement between the User and BitSukuk concerning the Services.
By using the BitSukuk Wallet Service, you acknowledge and agree to these Terms of Service.
