1. Issuer
The issuer of NEXF is:
Assetiko Digital Assets Ltd.
British Virgin Islands Business Company
Company Limited by Shares
Assetiko Digital Assets Ltd. is the digital asset issuance entity of the Assetiko group.
Assetiko Digital Assets Ltd. is responsible for publication of the NEXF digital asset record, token specifications, issuer information, asset-specific notices and supporting documentation.
2. Assetiko Group Entities
For purposes of these Issuer Terms, references to Assetiko, Assetiko group, we, us or our may refer, as the context requires, to one or more of the following entities:
Assetiko Holdings Ltd.
British Virgin Islands Business Company
Company Limited by Shares
Parent holding company of the Assetiko group.
Assetiko Digital Assets Ltd.
British Virgin Islands Business Company
Company Limited by Shares
Issuer of NEXF and digital asset publication entity.
Assetiko Treasury Ltd.
British Virgin Islands Business Company
Company Limited by Shares
Treasury coordination and internal capital administration entity.
Assetiko Operations Ltd.
British Virgin Islands Business Company
Company Limited by Shares
Website operations, communications, platform administration and support entity.
Assetiko NexFotonics SPV Ltd.
Dedicated vehicle associated with Assetiko's NexFotonics investment interest.
Where a specific role is assigned to a specific entity in the NEXF documentation, that specific identification shall prevail.
3. Underlying Company
NEXF is linked to Assetiko's investment interest in:
NexFotonics Co., Ltd.
Private technology company
Sector: Photonics / Fiber Optics
Website: nexfotonics.com
Official tokenization notice: nexfotonics.com/tokenization/
NexFotonics Co., Ltd. is a private South Korean photonics and fiber optic systems company focused on fiber optic connectivity, optical signal transmission, sensing, illumination and custom optical assemblies for industrial and technical applications.
References to NexFotonics are provided for identification and informational purposes.
Unless expressly stated in the NEXF documentation, NexFotonics Co., Ltd. is not the issuer of NEXF, does not operate the XRP Ledger issuer account and is not responsible for the blockchain issuance of NEXF.
4. Assetiko Interest
Assetiko holds a 5% equity interest in NexFotonics.
This 5% equity interest forms the basis of the NEXF digital asset.
For purposes of the NEXF issue record, the referenced full NexFotonics valuation is USD 38,000,000. The 5% interest corresponds to a tokenized value of USD 1,900,000.
NEXF is linked to Assetiko's NexFotonics investment exposure. The exact legal and economic characteristics of NEXF are determined by these Issuer Terms and the supporting issuer documentation published by Assetiko.
NEXF should not be treated as direct ownership of NexFotonics shares unless the issuer documentation expressly states otherwise.
5. Nature of NEXF
NEXF is a structured digital asset issued on the XRP Ledger by Assetiko Digital Assets Ltd.
NEXF is intended to provide a digital asset record linked to Assetiko's 5% equity interest in NexFotonics.
NEXF is not automatically equivalent to:
- A share in NexFotonics
- Direct ownership of NexFotonics equity
- A share certificate
- A voting security
- A bond
- A deposit
- A fund interest
- A partnership interest
- A listed security
- A guarantee
- A claim against NexFotonics
NEXF represents only the rights, restrictions, economic treatment and legal characteristics expressly described in the NEXF documentation.
No rights should be assumed.
6. No Direct Shareholder Rights Unless Expressly Stated
Holding NEXF does not, by itself, confer direct shareholder rights in NexFotonics.
Unless expressly stated in the NEXF documentation, NEXF holders do not receive:
- Voting rights in NexFotonics
- Board rights
- Board observation rights
- Direct information rights against NexFotonics
- Rights to inspect NexFotonics records
- Rights to attend NexFotonics shareholder meetings
- Dividend rights directly from NexFotonics
- Pre-emption rights
- Tag-along rights
- Drag-along rights
- Redemption rights
- Liquidation rights against NexFotonics
- Direct claims against NexFotonics
Any rights associated with NEXF are limited to the rights expressly described in the applicable issuer documentation.
7. Relationship Between NEXF and the Assetiko Interest
NEXF is linked to Assetiko's 5% equity interest in NexFotonics.
The legal relationship between NEXF, Assetiko Digital Assets Ltd., Assetiko NexFotonics SPV Ltd., Assetiko Holdings Ltd. and NexFotonics is determined by the documents and arrangements applicable to the NEXF issuance.
NEXF may provide structured private market exposure to Assetiko's NexFotonics interest, but it does not necessarily provide direct legal ownership of the underlying shares.
Holders should review the complete NEXF documentation before relying on any description of the relationship between NEXF and the underlying investment interest.
8. Dedicated Vehicle
Assetiko may use Assetiko NexFotonics SPV Ltd. as the dedicated vehicle associated with the NexFotonics investment interest.
The dedicated vehicle is intended to support legal separation, record keeping, issuer administration, documentation and lifecycle management for the NEXF asset.
The use of a dedicated vehicle does not eliminate legal, commercial, regulatory, liquidity, valuation, counterparty, blockchain or private company risks.
The dedicated vehicle's role, rights, responsibilities and limitations are described in the NEXF issuer documentation.
9. Issuance Infrastructure
NEXF is issued on the XRP Ledger.
The XRP Ledger is used as public blockchain infrastructure for token issuance and network-level record visibility.
The blockchain record may show:
- Issuer account
- Token code
- Token transfers
- Trustlines
- Public ledger transactions
- Transaction hashes
- Account activity
- Ledger timestamps
The blockchain record does not, by itself, determine all legal rights or obligations associated with NEXF.
The legal and economic characteristics of NEXF are governed by the NEXF issuer documentation.
10. Token Information
Token Name: NexFotonics
Ticker: NEXF
Blockchain: XRP Ledger
Issuer: Assetiko Digital Assets Ltd.
Issuer Account: rLP4u2mkmqbSUhjnDJvDqawMdccdC4pp7x
Associated Interest: Assetiko's 5% equity interest in NexFotonics
Reference Valuation: USD 38,000,000
Tokenized Value: USD 1,900,000
Launch Price: USD 0.10 per NEXF
Launch Size: 19,000,000 NEXF
Prime Pair: NEXF / USDV
Asset Type: Tokenized private market exposure
Underlying Company: NexFotonics Co., Ltd.
Status: Published
Additional token information may be published on the NEXF asset page, in the XRP Ledger TOML file, on blockchain explorers or in other supporting materials.
Where a discrepancy exists between informal summaries and these Issuer Terms, these Issuer Terms and the asset-specific issuer documentation shall prevail.
11. Asset Record
The NEXF asset page is the primary public information record for NEXF.
The asset record may include:
- Company overview
- Assetiko interest
- Issuer information
- Dedicated vehicle information
- Token information
- Issuer account
- Network information
- Documentation links
- Risk notice
- Legal note
- Corporate updates
- Material notices
- Supporting resources
The asset record may be updated from time to time.
Users are responsible for reviewing the latest available information.
12. Documentation Hierarchy
The following order of priority applies unless expressly stated otherwise:
- Asset-specific legal agreements or issuer documents signed or published for NEXF
- These NEXF Issuer Terms
- NEXF asset record
- Asset-specific risk disclosure, legal notes and notices
- Assetiko Risk Disclosure
- Assetiko Terms of Use
- Assetiko Legal Notices
- Assetiko Digital Asset Framework
- Assetiko SPV Framework
- General website information
If any general website statement conflicts with asset-specific NEXF documentation, the asset-specific NEXF documentation shall prevail.
13. Eligibility
NEXF may only be acquired, held or transferred by persons who satisfy applicable eligibility requirements.
Eligibility may depend on:
- Jurisdiction
- Investor classification
- Professional investor status
- Accredited investor status
- Qualified purchaser status
- Applicable exemptions
- KYC completion
- AML review
- Sanctions screening
- Wallet screening
- Tax status
- Transfer restrictions
- Issuer approval
Assetiko may refuse, restrict, suspend or decline any access, transfer, participation, communication or record update where eligibility requirements are not satisfied.
NEXF should not be acquired, held or transferred by any person prohibited by applicable law.
14. Restricted Jurisdictions
NEXF may not be available to persons located in or connected to certain jurisdictions.
Restricted jurisdictions may be determined by Assetiko based on legal, regulatory, tax, sanctions, operational, compliance or risk considerations.
Assetiko may restrict access to NEXF information, participation, transfers or support where it considers such restriction necessary or appropriate.
Users are solely responsible for ensuring that acquisition, holding, transfer or interaction with NEXF is lawful in their jurisdiction.
15. KYC, AML and Sanctions
Assetiko may require identity verification, anti-money laundering checks, sanctions screening, source of funds review, source of wealth review, wallet screening or other compliance checks in connection with NEXF.
Assetiko may request documents or information from users, holders, transferees, counterparties or related persons.
Assetiko may refuse or restrict any person, wallet, transaction or transfer where:
- Information is incomplete
- Information is inaccurate
- KYC is not completed
- AML concerns arise
- Sanctions concerns arise
- Fraud concerns arise
- Jurisdictional restrictions apply
- Transfer requirements are not satisfied
Assetiko may report suspicious or prohibited activity to appropriate authorities where required or appropriate.
16. Transfer Restrictions
NEXF may be subject to transfer restrictions.
Transfer restrictions may arise from:
- Applicable law
- Issuer policy
- KYC requirements
- AML requirements
- Sanctions rules
- Eligibility requirements
- Jurisdictional restrictions
- Contractual restrictions
- Holding period restrictions
- Compliance controls
- Wallet screening
- Blockchain infrastructure limitations
- Corporate actions
- Fraud, manipulation or market abuse concerns
A transfer that is technically possible on the XRP Ledger may still be legally restricted.
A transfer that is legally restricted may be invalid, voidable, refused, blocked, ignored for off-chain records or subject to further action.
Assetiko may require wallet-level review, holder verification, transfer approval, transfer delay, transfer rejection or supporting documentation before recognizing any NEXF transfer for off-chain issuer records.
Users should not assume that NEXF is freely transferable.
17. Freeze, Clawback and Remedial Actions
Assetiko may freeze, restrict, suspend, block, refuse to recognize, reverse for off-chain record purposes, require return of, or otherwise take remedial action in relation to NEXF, related wallet addresses, related accounts, issuer records or related benefits where Assetiko considers such action necessary or appropriate.
Reasons may include:
- Fraud
- Theft
- Unauthorized transfer
- Market manipulation
- Wash trading
- False or misleading information
- Misrepresentation
- Sanctions concerns
- Money laundering concerns
- Compliance concerns
- Court order, regulatory request or legal obligation
- Operational error
- Issuer error
- Incorrect allocation
- Compromised wallet or private key concern
- Disputed ownership
- Corporate action implementation
- Merger, acquisition, sale, reorganization or liquidation event affecting NexFotonics or the relevant Assetiko structure
Clawback or recovery action may include requesting a holder to return NEXF, adjusting off-chain issuer records, excluding a wallet from distributions or notices, refusing to recognize a transfer, coordinating with service providers, or using any issuer-level token control available under the applicable blockchain infrastructure and issuer settings.
Any freeze, clawback, restriction or remedial action may be implemented before, during or after a review. Assetiko is not required to compensate any holder for losses, lost opportunity, market movement, liquidity impact or trading impact resulting from such action, except where required by applicable law or expressly stated in binding issuer documentation.
18. No Exchange or Marketplace Representation
Publication of NEXF by Assetiko does not mean that NEXF is listed on any exchange, admitted to trading, quoted on any marketplace, supported by any broker, supported by any custodian or actively traded.
Assetiko does not guarantee:
- Secondary market availability
- Market makers
- Liquidity
- Trading venues
- Transferability
- Settlement support
- Wallet support
- Exchange support
- Pricing
- Exit opportunities
Users should be prepared to hold NEXF for an indefinite period.
19. No Liquidity Guarantee
NEXF may have limited liquidity or no liquidity.
There may be no buyers.
There may be no active market.
There may be no reliable price discovery.
There may be no redemption mechanism.
There may be no mechanism to exit a position.
The existence of the XRP Ledger does not guarantee liquidity.
Tokenization does not remove private market liquidity risk.
20. Pricing and Valuation
Any price, valuation, reference value, implied value, market value or estimate associated with NEXF is for informational purposes only unless expressly stated otherwise in the issuer documentation.
Private company valuation is uncertain.
The NEXF issue record references a full NexFotonics valuation of USD 38,000,000, a tokenized 5% value of USD 1,900,000, a launch price of USD 0.10 per NEXF and a launch size of 19,000,000 NEXF.
NEXF may not trade at, track or reflect the value of Assetiko's underlying NexFotonics interest.
NEXF value may be affected by:
- Market sentiment
- Limited liquidity
- Information availability
- Transfer restrictions
- Issuer expenses
- SPV expenses
- Tax
- Regulation
- NexFotonics performance
- Corporate actions
- Blockchain activity
- Holder concentration
No valuation should be treated as guaranteed, current or realizable.
21. Prime Pair and Market Pair Risk
The prime supported market pair for NEXF is NEXF / USDV, unless Assetiko expressly publishes a different supported pair in formal NEXF documentation.
Assetiko may use the NEXF / USDV pair for reference display, liquidity coordination, charting, market information, issuer communications, valuation presentation and any supported on-chain market framework.
Prices, quotes, swaps, liquidity pools or trading activity involving NEXF against XRP, RLUSD, USDC, USDT, fiat currencies, volatile crypto assets, wrapped assets, unsupported stablecoins or any other currency or asset may be unofficial, illiquid, manipulated, stale, incomplete, misleading or unrelated to Assetiko's intended NEXF reference framework.
Users who trade, provide liquidity, quote, bridge, route, pool or value NEXF outside the supported NEXF / USDV pair do so entirely at their own risk.
Unsupported pairs may cause losses through slippage, stale pricing, adverse routing, liquidity imbalance, volatile exchange rates, incorrect implied values, pool manipulation, oracle error, failed settlement, transfer restrictions, tax consequences or compliance review.
Where Assetiko considers an unsupported pair, wallet, pool or market activity to create fraud risk, manipulation risk, sanctions risk, compliance risk, market confusion, false pricing signals or operational harm, Assetiko may restrict, freeze, refuse to recognize, exclude from issuer records, delay processing, require additional verification or take other remedial action in relation to the affected wallets, transfers, balances, distributions or market activity.
22. Distributions and Economic Treatment
NEXF may be linked to economic exposure associated with Assetiko's 5% equity interest in NexFotonics.
However, no distribution, dividend, payout, redemption, buyback, profit participation, revenue participation or other payment is guaranteed.
Any economic treatment associated with NEXF will be determined exclusively by the applicable issuer documentation and any relevant legal or commercial arrangements.
Users should not assume that holding NEXF creates a right to receive payments unless expressly stated in the NEXF documentation.
If NexFotonics is sold, merged, acquired, reorganized, liquidated, recapitalized, listed, subject to a material secondary sale, subject to an asset sale, or otherwise undergoes a capital event, Assetiko may determine whether and how any proceeds, profits, return of capital or other economic amounts attributable to the relevant Assetiko interest are recognized, retained, reinvested, applied to expenses, used for buybacks, used for redemptions, distributed, converted, reserved or otherwise administered.
Any profit or capital redistribution may be subject to issuer discretion, SPV obligations, transaction documents, available proceeds, fees, reserves, taxes, withholding, currency conversion, banking availability, compliance checks, wallet eligibility, transfer restrictions, minimum thresholds, sanctions screening, dispute resolution, administrative timing and operational limitations.
If distributions or payments are provided for in the future, they may be subject to:
- Applicable law
- Issuer approval
- SPV obligations
- Tax withholding
- Administrative costs
- Compliance checks
- Wallet eligibility
- Transfer restrictions
- Minimum thresholds
- Currency conversion
- Operational limitations
- Freeze or clawback review
- Corporate action settlement timing
- USDV availability or supported payment-asset availability
No distribution should be assumed.
23. Fees and Expenses
NEXF may be affected by fees and expenses.
Fees and expenses may include:
- Issuer administration costs
- SPV administration costs
- Legal fees
- Corporate service provider fees
- Compliance costs
- Token issuance costs
- Technology costs
- Wallet or network fees
- Professional adviser fees
- Tax costs
- Banking costs
- Treasury costs
- Other operating expenses
Fees and expenses may reduce the value of the relevant exposure or affect any future economic treatment.
Applicable fees and expenses may be described in the issuer documentation where relevant.
24. Corporate Actions
Events affecting NexFotonics, Assetiko, the dedicated vehicle, the issuer or NEXF may result in updates to the asset record or issuer documentation.
Corporate actions may include:
- Financing rounds
- Dilution events
- Share transfers
- Reorganizations
- Mergers
- Acquisitions
- Asset sales
- Business combinations
- Liquidations
- Name changes
- Capital events
- Contract amendments
- Issuer changes
- SPV changes
- Token changes
- Documentation updates
In connection with any merger, acquisition, sale of shares, sale of assets, liquidation, recapitalization, IPO, secondary sale, strategic transaction or other capital event, Assetiko may freeze transfers, set record dates, suspend trading support, require wallet verification, restrict unsupported market activity, modify documentation, calculate entitlements, establish reserves, settle proceeds, distribute proceeds, conduct buybacks, redeem or cancel tokens, issue replacement tokens, migrate issuer accounts, amend token terms or take other action it considers necessary or appropriate.
Profit or capital redistribution, if any, may be made in USDV, fiat, stablecoin, another supported digital asset, replacement token, off-chain payment method or any other form stated by Assetiko. Assetiko may deduct fees, expenses, taxes, reserves, legal costs, compliance costs, transaction costs and administrative costs before determining any amount available for redistribution.
Assetiko may publish notices where appropriate.
Holders are responsible for monitoring official NEXF notices and asset record updates.
25. Dilution
Assetiko's 5% equity interest in NexFotonics may be subject to dilution unless anti-dilution rights exist and are enforceable under the relevant legal arrangements.
NEXF holders should not assume that Assetiko's 5% equity interest will remain unchanged forever.
Future financing rounds, share issuances, options, warrants, convertible instruments, restructurings or other corporate events may affect the relative value or percentage interest associated with the underlying investment.
Any anti-dilution protection must be expressly stated in the issuer documentation.
26. Information Rights
NEXF holders receive only the information rights expressly provided in the issuer documentation.
NEXF holders should not assume they have direct rights to obtain information from NexFotonics.
Assetiko may publish updates where appropriate, subject to:
- Information availability
- Confidentiality obligations
- Legal restrictions
- Commercial sensitivity
- Issuer discretion
- Compliance requirements
- Contractual limitations
Assetiko does not guarantee continuous reporting.
27. Notices
Assetiko may publish NEXF notices through:
- The NEXF asset page
- Assetiko resource pages
- Email announcements
- Issuer notices
- Legal notices
- Assetiko website updates
- Other official Assetiko communication channels
Users are responsible for monitoring official Assetiko sources.
Failure to read or receive a notice does not invalidate the notice where it has been published through an official channel.
28. Holder Responsibilities
Each NEXF holder is responsible for:
- Reviewing all applicable documentation
- Understanding the nature of NEXF
- Complying with applicable law
- Maintaining wallet security
- Safeguarding private keys
- Completing required compliance checks
- Monitoring issuer notices
- Understanding tax obligations
- Avoiding prohibited transfers
- Verifying official Assetiko communications
- Obtaining independent professional advice
A holder should not acquire or hold NEXF unless the holder understands and accepts the associated risks.
29. Wallet and Custody
NEXF holders may hold NEXF through self-custody wallets or third-party custody arrangements where supported.
Users are solely responsible for their wallets, private keys, seed phrases, authentication methods and transaction approvals.
Assetiko is not responsible for:
- Lost private keys
- Lost seed phrases
- Incorrect wallet addresses
- Wallet incompatibility
- Unauthorized wallet access
- Malware
- Phishing
- Custodian failure
- Exchange failure
- User transaction errors
- Transfers sent to incorrect addresses
Blockchain transactions may be irreversible.
30. Blockchain Risks
NEXF is issued on the XRP Ledger.
Use of the XRP Ledger involves technology and network risks, including:
- Network interruption
- Protocol changes
- Validator issues
- Amendment adoption
- Transaction delays
- Transaction failures
- Wallet incompatibility
- Ledger congestion
- Software defects
- Unexpected network events
- Public ledger visibility
Assetiko does not control the XRP Ledger.
Assetiko does not guarantee uninterrupted operation of the XRP Ledger.
31. Public Ledger Information
Transactions involving NEXF may be visible on the XRP Ledger.
Public information may include wallet addresses, issuer account, token code, trustlines, transaction hashes, ledger timestamps and transfer activity.
Blockchain information may be permanent and publicly accessible.
Users should understand that public wallet activity may be analyzed by third parties and may be linked to identity through external information.
32. Issuer Rights and Administrative Powers
Assetiko Digital Assets Ltd. may take actions reasonably necessary or appropriate to administer NEXF.
Such actions may include:
- Updating documentation
- Publishing notices
- Correcting errors
- Responding to legal requirements
- Applying compliance restrictions
- Reviewing transfers
- Restricting access
- Coordinating with service providers
- Updating asset records
- Maintaining issuer information
- Publishing token information
- Addressing technical or operational issues
Assetiko may also take actions required by law, court order, regulatory instruction, sanctions rule, contractual obligation or issuer policy.
33. Errors and Corrections
Assetiko may correct errors, omissions, formatting issues, token information, documentation references, asset record details or other published information relating to NEXF.
Corrections may be made without prior notice.
Where appropriate, Assetiko may publish a notice describing material corrections.
Users should rely on the latest version of the asset record and issuer documentation.
34. Suspension, Restriction or Removal
Assetiko may suspend, restrict, remove or modify NEXF information, asset page access, documentation access, notices or support features where appropriate.
Reasons may include:
- Legal requirements
- Regulatory concerns
- Compliance concerns
- Security concerns
- Issuer decisions
- Technical issues
- Documentation updates
- Incorrect information
- Third-party disputes
- Sanctions concerns
- Fraud concerns
- Corporate actions
Suspension or removal of information does not necessarily affect the existence of the token on the XRP Ledger.
35. No Guarantee
Assetiko does not guarantee:
- NexFotonics success
- NEXF appreciation
- NEXF liquidity
- NEXF transferability
- NEXF market price
- NEXF exchange support
- Future distributions
- Tax treatment
- Regulatory treatment
- Ongoing information availability
- Exit opportunities
- Recovery of lost tokens
- Value preservation
Users may lose some or all of the value associated with NEXF.
36. Risk Acknowledgement
NEXF involves material risk.
Risks may include:
- Private company risk
- Technology company risk
- Legal structure risk
- SPV risk
- Issuer risk
- Counterparty risk
- Regulatory risk
- Tax risk
- Liquidity risk
- Valuation risk
- Dilution risk
- Exit risk
- Information risk
- Documentation risk
- Blockchain risk
- Wallet risk
- Cybersecurity risk
- Market risk
- Jurisdiction risk
Users should review the Assetiko Risk Disclosure and all NEXF-specific materials before relying on any information or taking any action.
37. Tax
Assetiko does not provide tax advice.
Tax treatment of NEXF may vary by jurisdiction and user status.
Tax issues may include:
- Income tax
- Capital gains tax
- Withholding tax
- Transfer tax
- Stamp duty
- VAT or GST
- Reporting obligations
- Foreign asset reporting
- Controlled foreign corporation rules
- Estate tax
- Gift tax
Users are solely responsible for determining and satisfying their own tax obligations.
Independent tax advice should be obtained where appropriate.
38. No Fiduciary Relationship
Nothing in these Issuer Terms creates a fiduciary, advisory, agency, brokerage, custody, trust, nominee, partnership or joint venture relationship between Assetiko and any user or holder.
Assetiko does not act as investment adviser, legal adviser, tax adviser, broker, custodian or trustee for NEXF holders.
39. Conflicts of Interest
Assetiko and its affiliates may have interests that differ from those of NEXF holders.
Potential conflicts may include:
- Ownership of NexFotonics interest
- Issuer role
- SPV administration
- Fees and expenses
- Documentation control
- Information access
- Commercial relationships
- Treasury arrangements
- Future issuances
- Strategic incentives
Assetiko may manage conflicts as it considers appropriate, but conflicts may not be eliminated.
Users should consider potential conflicts before acquiring or holding NEXF.
40. Amendments to Issuer Terms
Assetiko Digital Assets Ltd. may amend these Issuer Terms from time to time.
Amendments may reflect:
- Legal developments
- Regulatory developments
- Corporate actions
- Documentation updates
- Operational changes
- Technology changes
- Compliance requirements
- Issuer policy changes
- Corrections
- Clarifications
Updated Issuer Terms will be published on the Assetiko website.
Continued holding or interaction with NEXF after publication of updated Issuer Terms constitutes acknowledgement of the updated terms, subject to applicable law.
41. Governing Law
Unless otherwise stated in asset-specific documentation, these Issuer Terms and any non-contractual obligations arising out of or relating to them shall be governed by the laws of the British Virgin Islands.
Specific documents, agreements, SPV arrangements or underlying commercial arrangements may be governed by different laws.
Where a specific document contains its own governing law clause, that clause shall apply to that document.
42. Dispute Resolution
Unless otherwise stated in asset-specific documentation, any dispute, controversy or claim arising out of or relating to these Issuer Terms shall be submitted to the exclusive jurisdiction of the courts of the British Virgin Islands.
Assetiko may seek injunctive, equitable, protective or emergency relief in any jurisdiction where necessary to protect its rights, systems, intellectual property, confidential information, users, assets or legal interests.
43. Limitation of Liability
To the fullest extent permitted by applicable law, Assetiko Holdings Ltd., Assetiko Digital Assets Ltd., Assetiko Treasury Ltd., Assetiko Operations Ltd., Assetiko NexFotonics SPV Ltd., affiliates, directors, officers, employees, contractors, advisers, agents, service providers and representatives shall not be liable for any direct, indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from or relating to:
- NEXF
- The NEXF asset record
- The issuer account
- The XRP Ledger
- Wallet activity
- Transfer restrictions
- Loss of private keys
- Blockchain transactions
- NexFotonics developments
- SPV arrangements
- Issuer decisions
- Documentation updates
- Market movements
- Regulatory changes
- Liquidity limitations
- Valuation changes
- Tax consequences
- Third-party actions
- Website access
- Information reliance
Where liability cannot be excluded under applicable law, liability shall be limited to the maximum extent permitted by law.
44. Indemnity
Users agree to indemnify and hold harmless Assetiko Holdings Ltd., Assetiko Digital Assets Ltd., Assetiko Treasury Ltd., Assetiko Operations Ltd., Assetiko NexFotonics SPV Ltd., affiliates, directors, officers, employees, contractors, advisers, agents, service providers and representatives from and against any claims, losses, liabilities, damages, costs and expenses arising from or relating to:
- User breach of these Issuer Terms
- User breach of applicable law
- User wallet activity
- User transfer activity
- User tax obligations
- User regulatory obligations
- User misuse of NEXF
- User provision of false information
- User prohibited transfer
- User failure to complete compliance checks
- User reliance on incomplete information
45. Contact
Questions regarding NEXF may be directed to:
Assetiko Digital Assets Ltd.
Issuer of NEXF
Email: issuer@assetiko.com
Website: assetiko.com
Asset Page: /digital-assets/nexfotonics
General legal enquiries may be directed to:
Assetiko Operations Ltd.
On behalf of the Assetiko group
Email: legal@assetiko.com
Assetiko may not provide investment, legal, tax or financial advice in response to enquiries.
46. Final Notice
These Issuer Terms apply specifically to NEXF.
NEXF is linked to Assetiko's 5% equity interest in NexFotonics.
NEXF should not be treated as direct ownership of NexFotonics shares unless the issuer documentation expressly states otherwise.
The rights, restrictions, transferability, economic treatment and legal characteristics of NEXF are governed by the issuer documentation published by Assetiko.
Nothing in these Issuer Terms constitutes investment advice, legal advice, tax advice, accounting advice, financial advice, a recommendation, an offer, a solicitation, a guarantee or a promise of liquidity.
Users access, acquire, hold, transfer or interact with NEXF at their own risk.