Legal

1.1. Who We Are. The Platform is owned and operated by Fraktium ApS, a Danish private limited company (Anpartsselskab) registered under CVR: 42058645. Our mission is the technical and cultural preservation of high-value assets through collective stewardship.

Registered Address: C/O Keel Solution ApS Bredgade 19E, 1. th, 1260, Kobenhavn K, Denmark.

Email: support@fraktium.com

1.2. What We Provide. Fraktium provides a digital meeting place and administrative infrastructure. We do not sell financial products, securities, or shares. We provide the technology that allows enthusiasts to browse Asset Series, review historical documentation, and engage in the collective preservation of physical objects (e.g., classic motor vehicles, rare spirits, or timepieces).

1.3. Not an Investment. You acknowledge that participation in an Asset Series is a commitment to the long-term stewardship and preservation of a physical asset.

• Fraktium is not a trading venue. We do not guarantee, forecast, or promise any financial return, profit, or appreciation.
• Fraktium is a technology company. We do not provide investment advice, tax advice, or financial planning.
• Participation constitutes a contractual right against the SPV and does not represent ownership of shares, securities, or financial instruments. You should not participate with an expectation of profit.

2.1. Who Can Join. To create an account, you must be a natural person at least 18 years of age with full legal capacity. While we aim for global preservation, certain jurisdictions may be restricted due to local regulatory constraints.

2.2. To maintain a secure community and comply with international standards, we use a two-step verification process:

• Initial Registration: When you create an account, you provide your name and email address. Fraktium performs an initial internal verification to ensure account integrity and prevent automated bot registrations.
• Participation & Payment (PSP Verification): When you decide to join an Asset Series and initiate a payment, our Licensed Payment Service Provider (PSP) (e.g., Stripe) will perform formal KYC and AML checks.
• KYC (Know Your Customer): This is the process of verifying your identity using official documents (like a passport) to ensure you are a real person and to prevent identity theft.
• AML (Anti-Money Laundering): These are mandatory legal checks to ensure that funds used on the platform do not originate from illegal activities.
• Mandatory Cooperation: You acknowledge that your participation in an Asset Series is strictly conditional upon you passing the PSP's verification process. If the PSP cannot verify your identity or source of funds to their satisfaction, your participation will be rejected, and any escrowed funds will be returned via the PSP's protocols.

2.3. Account Responsibility. Your account is personal and non-transferable. You are the sole Gatekeeper of your access. Fraktium will never ask for your private account and identity verification codes. Any action taken via your verified account is legally attributed to you.

3.1. The Three-Layer Framework. To protect your interests, Fraktium operates on a silo basis. It is vital to understand which entity you are contracting with at each stage:

• The Platform Level: When you browse or use the app, you are contracting with Fraktium ApS under these Terms of Use.
• The Asset Level: When you choose to participate in a car or a cask, you sign a separate Participation Agreement with a Special Purpose Vehicle (SPV) (Fraktium Assets ApS).
• The Custodial Level: The physical asset is maintained by a Technical Custodian (often the original owner) under a separate agreement with the SPV.

3.2. Because Assets are held in a separate, wholly owned SPV, the assets are legally siloed.

• If Fraktium ApS (the parent) faces financial difficulty, the physical assets held by the SPV remain protected for the benefit of the Participants.
• If one Asset Series fails (e.g., a car is destroyed and insurance is settled), it does not affect the other Asset Series on the Platform.

3.3. In the event of a conflict between these general Terms of Use and a specific Participation Agreement, the Participation Agreement shall prevail regarding that specific asset.

4.1. Fraktium ApS and the Fraktium Assets ApS do not hold, touch, or manage your funds during the funding phase. All payment services, including the technical collection of participation amounts, are handled exclusively by our Licensed Payment Service Provider (PSP).

4.2. A Designated Professional Accountant will act as the Escrow Controller.

• Role: The Accountant is responsible for monitoring the escrow ledger.
• Release Trigger: The Accountant will only issue the digital instruction to release funds to the Seller once the Funding Target is verified as met and all Conditions Precedent are satisfied.

4.3. The Refund Trigger. If the Funding Target is not met within the specified Funding Period, the PSP will automatically return your funds to your original payment method, and the Participation Agreement for that Series will be void.

5.1. In accordance with the Danish Consumer Contracts Act, you have a right to withdraw from this agreement within 14 days without giving any reason. The withdrawal period begins on the day you create your account on the Platform.

5.2. When you sign a Participation Agreement for a specific Asset Series, a new 14-day withdrawal period applies to that specific transaction, starting from the date you sign the agreement.

5.3. You acknowledge that your right of withdrawal regarding a specific Asset Series may expire early under the following conditions:

• Once the Funding Target is hit and the Asset SPV has executed the purchase of the physical asset (the Asset Acquisition), the service is considered fully performed or is tied to a physical commodity whose value fluctuates beyond our control.
• Explicit Consent: By confirming your participation, you provide your express consent that the 14-day withdrawal period may be waived once the specific asset acquisition process has begun.

5.4. How to Withdraw. To exercise your right, you must use the Withdrawal button in your account dashboard or send a clear, written notice to support@fraktium.com.

5.5. If you withdraw from an Asset Series participation within the valid 14-day period (and before the Point of No Return described in 5.3):

• Our Payment Service Provider (PSP) will refund all payments received from you for that specific Series.
• The refund will be made using the same means of payment as you used for the initial transaction.
• You will not incur any fees as a result of the refund.

5.6. If you have a complaint regarding our service, please contact support@fraktium.com first so we can find a solution. If we cannot reach an agreement, you have the following options:

• Center for Klagelosning: You can lodge a complaint with Naevnenes Hus (Toldboden 2, 8800 Viborg) via www.naevneneshus.dk.
• EU Online Dispute Resolution: If you are a resident of another EU country, you can use the European Commission's online complaint portal at http://ec.europa.eu/consumers/odr/.

6.1. Fraktium ApS (or its licensors) owns all rights, titles, and interests in the Platform, including software, branding, UI/UX design, and all professional photography/documentation of the assets. You are granted a limited, non-exclusive license to use the Platform for personal, non-commercial stewardship purposes.

6.2. Fraktium applies industry-standard ICT risk management practices inspired by leading EU regulatory frameworks.

6.3. Fraktium processes personal data in accordance with applicable data protection laws, including the General Data Protection Regulation.

• Data is processed lawfully, fairly, and transparently.
• Collected for specific purposes (account, compliance, transactions).
• Shared only with necessary third parties (e.g., PSPs).
• You have rights to access your data, correct inaccuracies, request deletion, and restrict processing.

Full details are provided in the Privacy Policy.

6.4. Fraktium strives to ensure that the Platform is available 24/7. However, you acknowledge that the Platform is provided over the internet and that access may be subject to interruptions. Fraktium is not liable for:

• Temporary outages due to planned maintenance or emergency security updates.
• Interruptions caused by third-party infrastructure providers (e.g., cloud hosting or ISP failures).
• Force majeure events beyond our reasonable control.

6.5. Your participation records are mission-critical. Fraktium utilizes redundant, encrypted backup systems to protect the integrity of the Asset Series ledgers.

• Backups: All Participation Agreements and voting records are backed up in real-time in geographically separate data centers.
• Continuity: In the event of a critical ICT failure, Fraktium maintains a Business Continuity Plan designed to restore essential services and provide Participants with offline access to their legal documentation within a reasonable timeframe.

6.6. We do not store your private credentials. All identity verification is handled through authorized third-party gateways. You are responsible for maintaining the security of your hardware (phone/computer) used to access the Platform. Any suspected breach of your Fraktium account must be reported to our security team at support@fraktium.com immediately.

6.7. Incident Reporting. Fraktium monitors for Major ICT-related incidents. In the event of a significant security breach that impacts your data or your participation rights, Fraktium will notify you without undue delay and provide guidance on any necessary protective measures.

7.1. Fraktium ApS provides the digital interface only. To the maximum extent permitted by Danish law:

• Fraktium ApS is not liable for any physical damage, theft, mechanical failure, or loss of value related to the assets held within an Asset Series. Such risks are managed at the SPV level and covered by specific insurance policies.
• We are not liable for any decrease in the appraised or market value of an asset. Participation is for stewardship purposes, and value is subjective.
• Fraktium ApS shall not be liable for any indirect, incidental, or consequential damages, including loss of potential profit, data loss (beyond our recovery obligations), or loss of opportunity.

Nothing in these Terms excludes liability for gross negligence, fraud, or any liability that cannot be excluded under applicable law.

7.2. You are solely responsible for understanding and complying with your tax obligations related to any capital proceeds or contractual payouts. Fraktium does not provide tax advice and will not be held liable for any tax liabilities or reporting errors on your part.

7.3. Termination of Use:

• By the User: You may close your account at any time, provided you have no active Participation Agreements.
• By us: We reserve the right to suspend or terminate your access immediately if you breach these Terms, provide false information, or engage in behavior that harms the community or the assets.
• Termination of your Platform account does not automatically void an existing Participation Agreement with an Asset Series SPV, which must be settled according to its specific terms.

7.4. These Terms and any dispute arising out of your use of the Platform are governed by and construed in accordance with Danish Law. Any legal proceedings shall be initiated at the City Court of Copenhagen as the court of first instance. This does not affect your mandatory rights under the laws of your country of residence.

7.5. If any provision of these Terms is found to be invalid or unenforceable by a Danish court, the remaining provisions shall remain in full force and effect.

8.1. User Conduct. You agree to use the Platform only for lawful purposes related to asset stewardship. You are strictly prohibited from:

• System Interference: Using any robot, spider, or automated device to scrape, monitor, or copy any content from the Platform without our prior written consent.
• Security Breaches: Attempting to gain unauthorized access to our systems, interfering with the proper working of the Platform, or introducing viruses, Trojans, or other malicious code.
• Regulatory Circumvention: Engaging in activities designed to bypass our identity verification (KYC) or anti-money laundering (AML) protocols, including providing false or misleading information.
• Commercial Exploitation: Using the Platform's data, photography, or documentation for any commercial purpose or competing business without a specific license from Fraktium ApS.
• Abusive Behavior: Using the communication channels of the Platform to harass, defame, or intimidate other users or Fraktium staff.

8.2. We reserve the right to investigate and take legal action against anyone who, in our sole discretion, violates these provisions. This may include reporting you to law enforcement authorities and immediate termination of your account under Section 7.3.

9.1. Fraktium ApS may modify these Terms from time to time to reflect changes in the law, regulatory requirements, or improvements to our Platform's functionality.

9.2. Notification of Changes:

• Significant Changes: If we make material changes that affect your rights or obligations (e.g., changes to fee structures or withdrawal rights), we will notify you at least 30 days before the changes take effect via email or a prominent notice on the Platform.
• Minor Changes: Non-material changes (e.g., typos or address updates) will be updated directly on the Platform and will take effect immediately upon posting.

9.3. By continuing to use the Platform after the effective date of any changes, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Platform and close your account. Note that closing your account does not terminate any active Participation Agreements already in effect, which will continue to be governed by the terms under which they were signed.