CASK CAPITAL TERMS AND CONDITIONS

Last Updated: 16/05/2026

Effective Date: 01/01/2024

Scope

These Terms and Conditions ("Terms") govern your access to and use of www.caskcapital.io, the Cask Capital marketplace platform, and any associated applications, services, and tools (collectively, the "Services") operated by Cask Capital ("we," "us," "our," or the "Company").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, do not use our Services.

1. Definitions

Asset
A cask-aged product (whisky, wine, rum, tequila, or other spirits) listed on our platform
Token
A digital record representing ownership of an Asset or fractional share thereof
Whole Ownership
Ownership of an entire cask or asset
Fractional Ownership
Ownership of a share or portion of a cask or asset
Custody Partner
A licensed, bonded warehouse facility where physical Assets are stored
Platform
The Cask Capital marketplace and associated technology
User, you, your
Any individual or entity using our Services
Principal ID / Wallet Address
Your unique identifier on the blockchain network

2. Eligibility

2.1 Age Requirement

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you meet this age requirement.

2.2 Identity Verification

We are required by law to verify your identity before you can purchase Assets. You agree to:

Provide accurate, current, and complete information during registration
Complete our identity verification (KYC) process when requested
Update your information if it changes
Cooperate with any additional verification requests

We reserve the right to refuse service, suspend, or terminate accounts that fail verification or provide false information.

2.3 Restricted Persons

You may not use our Services if you:

Are located in, or a resident of, a country subject to comprehensive sanctions (including but not limited to North Korea, Iran, Syria, Cuba, or the Crimea region)
Are listed on any sanctions list maintained by the United Nations, European Union, United Kingdom, or United States (including OFAC SDN List)
Are prohibited from engaging in the transactions contemplated by these Terms under applicable law

3. Account Registration

3.1 Account Creation

To access certain features, you must create an account. You agree to:

Provide accurate and complete registration information
Maintain the security of your account credentials
Accept responsibility for all activities under your account
Notify us immediately of any unauthorized access

3.2 One Account Per Person

You may only maintain one account. We reserve the right to suspend or terminate duplicate accounts.

3.3 Account Security

You are responsible for:

Keeping your login credentials confidential
All activities that occur under your account
Any losses arising from unauthorized use of your account

We are not liable for losses resulting from compromised credentials unless caused by our negligence.

4. Nature of Assets and Tokens

4.1 What You Are Purchasing

When you purchase through our Platform, you are acquiring:

A Token representing ownership (whole or fractional) of a specific physical Asset
A claim on the underlying physical Asset held by our Custody Partner
The right to sell, transfer, or (where applicable) take physical delivery of the Asset subject to these Terms

You are not purchasing:

Direct physical possession of the Asset (unless you exercise delivery rights)
A security, investment contract, or financial instrument
Any guaranteed return or profit
Shares in Cask Capital or any company

4.2 Not Investment Advice

Our Services are not intended as investment advice. We do not:

Guarantee any appreciation in value
Promise any returns or profits
Provide personalized investment recommendations
Act as a financial advisor, broker, or dealer

The value of cask-aged assets can go down as well as up. Past performance is not indicative of future results. You should conduct your own research and consult independent advisors before making purchase decisions.

4.3 Ownership Record

Your ownership is recorded:

In our internal systems
On a blockchain network (as described in our Privacy Policy)

The Token serves as evidence of your ownership rights. The blockchain record provides a transparent, immutable audit trail.

5. Purchases and Payments

5.1 Listing Information

Each Asset listing includes:

Description of the Asset (type, distillery/producer, vintage, cask type, etc.)
Age statement and expected maturation profile
Current valuation or asking price
Available ownership units (whole or fractional)
Custody location
Relevant documentation

We strive for accuracy but do not guarantee that all information is error-free. Material errors will be corrected, and affected transactions may be voided.

5.2 Pricing

All prices are displayed in the currency indicated on the listing. Prices may include or exclude:

Platform fees (disclosed at checkout)
Payment processing fees (disclosed at checkout)
Storage fees (disclosed in listing details)
Applicable taxes (your responsibility — see Section 10)

5.3 Payment Methods

We accept payments via:

Bank wire transfer
Credit/debit card (via third-party processor)
Cryptocurrency (where available)
Other methods as indicated on the Platform

Payment processing is handled by third-party providers subject to their own terms.

5.4 Order Confirmation

A purchase is complete when:

You submit your order and payment
Payment is confirmed by our payment processor
We issue a confirmation to you
The Token is recorded to your account

Until all steps are complete, no ownership transfer has occurred.

5.5 Failed or Reversed Payments

If your payment fails, is reversed, or is charged back:

The transaction will be voided
Any Token issued will be cancelled
We reserve the right to suspend your account
You remain liable for any amounts owed

5.6 Card Payments and Custodial Holding

This section applies in addition to the general terms above whenever you pay by debit or credit card.

5.6.1 Stripe Payment Processing

Card payments are processed by Stripe, Inc. and its affiliates ("Stripe"), an independent third-party payment processor. By paying by card you also agree to Stripe's End User Terms of Service (https://stripe.com/legal/end-users) and its Privacy Policy. Cask Capital does not see or store your full card details; we receive only the limited transaction data Stripe provides.

5.6.2 Card Processing Surcharge

Card-purchase prices include a non-refundable processing surcharge of approximately 3.5% over the equivalent USDC price for the same Asset. The surcharge is shown to you in the line-item price before you complete payment on Stripe's hosted checkout page. The surcharge offsets fees charged to Cask Capital by Stripe and is not a fee paid to Cask Capital.

5.6.3 Custodial Holding of Tokens

Tokens purchased by card are issued in custodial form unless and until you connect a Hedera-compatible self-custodied wallet to your account and choose to take self-custody (see 5.6.4). While in custodial form:

The Tokens are recorded on-chain to a wallet operated by Cask Capital ("Custodial Wallet")
Your dashboard reflects your beneficial ownership of those Tokens
Cask Capital holds the Tokens on your behalf as bare custodian; we do not acquire any beneficial interest in them
You remain the beneficial owner with full rights as set out elsewhere in these Terms (including any right to sell, transfer, or — where applicable — request physical delivery), subject to the practical step of taking self-custody where the action requires you to sign on-chain

The Custodial Wallet is operated solely for the convenience of holders who do not have, or do not wish to use, their own Hedera wallet at the time of purchase. Cask Capital does not provide, and does not represent itself to provide, a regulated custody service for digital assets. If digital-asset custody is a regulated activity in your jurisdiction, your ability to hold Tokens in custodial form may be restricted; you are responsible for determining whether your jurisdiction permits this arrangement.

5.6.4 Right to Self-Custody

You may at any time, and at no fee to Cask Capital, connect a Hedera-compatible self-custodied wallet to your account and direct Cask Capital to transfer your custodially-held Tokens to that wallet ("Self-Custody Withdrawal"). On request:

We will transfer the relevant Tokens from the Custodial Wallet to the wallet address you provide
Hedera network fees for the transfer are paid by Cask Capital; if your wallet has not yet been associated with the relevant token, you will need to sign a token-association transaction in your wallet (a small on-chain fee may apply, paid in HBAR, and is your responsibility)
Once the Token leaves the Custodial Wallet, Cask Capital has no further custody, control, or ability to recover the Token

You acknowledge that self-custodied wallets are entirely under your control. Cask Capital cannot recover Tokens transferred to a wallet whose private key is lost, stolen, or compromised.

5.6.5 Final Sale and Card Disputes

Card purchases of Tokens are intended as final sales. We do not voluntarily issue refunds or accept returns of Tokens once payment is confirmed and the Token has been issued (whether in custodial or self-custodied form), except where required by applicable consumer-protection law or in our sole discretion.

You acknowledge that Stripe, as the card-payment network operator, independently permits cardholders to initiate chargebacks and disputes notwithstanding this clause. We reserve all rights to contest such chargebacks. If a chargeback is filed against a card payment:

We may suspend your account and freeze any Tokens issued under the disputed transaction
We may attempt to cancel the corresponding Token if it is still in the Custodial Wallet
If the Token has already been withdrawn to your self-custodied wallet, we cannot recall it; we may pursue you for the disputed amount plus any chargeback fees, plus the value of the Token at the time of the chargeback
You agree to indemnify Cask Capital against losses incurred as a result of a chargeback you initiate other than in good faith and for a valid reason

5.6.6 No Investment Advice or Guaranteed Return

For the avoidance of doubt, paying by card does not change the nature of what you are acquiring (see Section 4) or our position on investment advice (Section 4.2). Card payment is a payment method only; it does not imply that the Token is a regulated investment product, that any return is guaranteed, or that Cask Capital acts as an investment intermediary.

5.6.7 Your Acknowledgment of Risk and Responsibility

You expressly acknowledge that you have read and understood Sections 4 (Nature of Assets and Tokens), 5 (Purchases and Payments), 6 (Custody and Storage), and 13 (Disclaimers), and that:

You alone are responsible for evaluating whether a Token purchase is appropriate for your financial situation, tax position, and jurisdiction
You alone are responsible for confirming that purchasing and holding Tokens — in custodial or self-custodied form — is permissible under the laws of your country of residence and any country where you access the Platform
You alone bear the market risk (the value of the underlying Asset may rise or fall), the custody risk (Tokens held in custodial form depend on Cask Capital's operational integrity until you withdraw them; Tokens held in self-custody depend on your wallet security), and the platform risk (technical failures, network outages, regulatory action against any party in the chain)
Cask Capital provides no investment advice, no legal advice, and no tax advice, and makes no representation as to the suitability of any Token as an investment

By completing a card payment, you affirm each of the above. If you do not accept these acknowledgments, do not proceed with the purchase.

6. Custody and Storage

6.1 Physical Custody

All physical Assets are held by licensed, bonded Custody Partners. We do not take direct physical possession of Assets.

Our Custody Partners:

Maintain appropriate warehouse licenses for storing alcohol
Operate bonded facilities where applicable
Carry insurance coverage for stored assets
Provide regular inventory verification

6.2 Custody Responsibility

While in custody:

The Asset remains the property of the Token holder(s)
Custody Partners are responsible for proper storage conditions
We facilitate communication between you and Custody Partners
Custody events (inspections, movements, etc.) are recorded on-chain where applicable

6.3 Storage Fees

Some Assets may incur ongoing storage fees. These will be:

Clearly disclosed in the listing
Charged periodically (monthly, annually, or as specified)
Deducted automatically or invoiced separately

Failure to pay storage fees may result in:

Suspension of your ability to trade the Asset
A lien on the Asset
Eventual sale of the Asset to cover outstanding fees

6.4 Insurance

Our Custody Partners maintain insurance coverage. However:

Coverage limits may apply
Certain events may be excluded
We recommend you consider additional coverage for high-value holdings
We are not an insurer and make no guarantees regarding claims

6.5 Risk of Loss

While we and our Custody Partners take reasonable precautions, risks exist including but not limited to:

Fire, flood, or natural disaster
Theft or vandalism
Improper storage conditions
Contamination or spoilage
Regulatory seizure

We are not liable for losses beyond the extent of applicable insurance coverage, except where caused by our gross negligence or willful misconduct.

7. Secondary Market and Transfers

7.1 Marketplace Trading

You may list your Tokens for sale on our marketplace, subject to:

Minimum holding periods (if any, as specified)
Our marketplace rules and listing requirements
Applicable fees (disclosed at time of listing)
Verification requirements for buyers

7.2 Transfer Restrictions

Tokens may only be transferred:

Through our Platform (recommended)
To verified users who meet eligibility requirements
In compliance with applicable laws

Transfers to unverified parties or outside approved channels may result in:

Loss of custody rights
Inability to claim physical delivery
Suspension of your account

7.3 No Guaranteed Liquidity

We do not guarantee:

That buyers will be available for your Assets
Any particular sale price
Timeframes for completing sales

The secondary market depends on supply and demand. You may not be able to sell your Assets when you want or at the price you want.

8. Physical Delivery and Exit Options

8.1 Delivery Rights

Depending on the Asset and your ownership stake, you may have the right to:

Bottling: Have the Asset bottled and delivered to you
Transfer: Transfer ownership to another party
Sale: Sell on our marketplace or through approved channels
Auction: Participate in organized auction events

Fractional owners may have limited delivery rights. Specific terms are detailed in each Asset listing.

8.2 Delivery Process

To request physical delivery:

Submit a delivery request through the Platform
Complete any additional verification required
Pay applicable fees (bottling, shipping, duties, taxes)
Provide a valid delivery address where alcohol delivery is permitted
Coordinate with our logistics partners

8.3 Delivery Restrictions

Physical delivery is subject to:

Legal restrictions on alcohol shipment in your jurisdiction
Minimum order quantities for bottling
Availability of bottling services
Your compliance with local import regulations
Payment of all applicable duties and taxes

We are not responsible for customs delays, seizures, or your failure to comply with local laws.

8.4 Delivery Fees and Costs

Delivery costs (borne by you) may include:

Bottling fees
Bottle and packaging materials
Labeling (standard or custom)
Shipping and handling
Insurance during transit
Import duties and taxes
Local delivery charges

Estimates will be provided before you confirm delivery.

9. Fees

9.1 Fee Schedule

Purchase Fee
Description: Charged on Asset purchases
Amount: 7.5% of transaction value
Sale Fee
Description: Charged when selling on marketplace
Amount: 0.5% of transaction value
Storage Fee
Description: Annual custody and storage
Amount: Varies by Asset (disclosed in listing)
Bottling Fee
Description: Per-bottle fee for physical delivery
Amount: Varies by Asset

Fees are subject to change with 30 days' notice.

9.2 Payment of Fees

Fees are:

Deducted automatically from transactions where possible
Invoiced separately for ongoing fees (storage)
Due upon receipt of invoice unless otherwise specified

9.3 Third-Party Fees

You are also responsible for:

Payment processor fees
Bank wire fees
Cryptocurrency network fees (gas)
Shipping and logistics costs
Taxes and duties

10. Taxes

10.1 Your Responsibility

You are solely responsible for:

Determining what taxes apply to your transactions
Reporting and paying all applicable taxes
Maintaining records for tax purposes
Seeking professional tax advice as needed

This may include income tax, capital gains tax, VAT, sales tax, excise duty, import duties, and other levies depending on your jurisdiction.

10.2 Our Role

We are not tax advisors. We do not:

Provide tax advice
Calculate taxes owed
Withhold taxes (except where legally required)
File tax returns on your behalf

10.3 Tax Reporting

We may be required to report certain transactions or provide information to tax authorities. You consent to such reporting where required by law.

We may provide you with transaction summaries or tax documents to assist with your reporting obligations.

11. Prohibited Activities

You agree not to:

11.1 Illegal Activities

Use our Services for money laundering, terrorist financing, or other illegal purposes
Evade sanctions or trade restrictions
Purchase Assets with proceeds of crime
Violate any applicable laws or regulations

11.2 Fraud and Manipulation

Provide false or misleading information
Create fake accounts or impersonate others
Manipulate prices or trading activity
Engage in wash trading or other deceptive practices

11.3 Platform Abuse

Interfere with Platform operation or security
Attempt to gain unauthorized access
Scrape, copy, or harvest data without permission
Circumvent fees or restrictions
Use automated tools without authorization

11.4 Harmful Conduct

Harass, abuse, or threaten other users or staff
Post defamatory, obscene, or offensive content
Infringe intellectual property rights
Spam or send unsolicited communications

Violation of these rules may result in immediate account termination and legal action.

12. Intellectual Property

12.1 Our Property

The Platform, including its design, text, graphics, logos, software, and content, is owned by or licensed to Cask Capital. You may not:

Copy, modify, or distribute our content without permission
Use our trademarks without authorization
Reverse engineer our software
Remove copyright or proprietary notices

12.2 Your Content

By submitting content to our Platform (reviews, comments, etc.), you grant us a non-exclusive, royalty-free, worldwide license to use, display, and distribute such content in connection with our Services.

12.3 Asset Information

Information about Assets (distillery names, producer information, etc.) is provided for informational purposes. Use of third-party trademarks does not imply endorsement by or affiliation with those parties.

13. Disclaimers

13.1 "As Is" Basis

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
ACCURACY OR COMPLETENESS OF INFORMATION

13.2 No Guarantee of Value

WE DO NOT GUARANTEE:

The accuracy of valuations or appraisals
Future appreciation of any Asset
That Assets will mature as expected
The quality, authenticity, or condition of any Asset
That you will be able to sell Assets at any particular price

13.3 Third-Party Services

We are not responsible for:

Third-party payment processors
Custody Partners (beyond reasonable selection and oversight)
Blockchain networks or their availability
External websites or services linked from our Platform

13.4 Technical Issues

We do not guarantee uninterrupted or error-free operation of our Platform. We are not liable for:

Downtime or service interruptions
Data loss or corruption
Bugs, viruses, or security breaches (except where caused by our negligence)
Blockchain network issues or delays

14. Limitation of Liability

14.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CASK CAPITAL SHALL NOT BE LIABLE FOR:

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL
COST OF SUBSTITUTE SERVICES
DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT
DAMAGES ARISING FROM THIRD-PARTY ACTIONS

14.2 Liability Cap

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE FEES YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

14.3 Exceptions

These limitations do not apply to:

Liability that cannot be excluded by law
Death or personal injury caused by our negligence
Fraud or fraudulent misrepresentation
Gross negligence or willful misconduct

14.4 Jurisdictional Variations

Some jurisdictions do not allow certain limitations. In such cases, our liability is limited to the maximum extent permitted by applicable law.

15. Indemnification

You agree to indemnify, defend, and hold harmless Cask Capital, its officers, directors, employees, agents, and partners from any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from:

Your use of our Services
Your breach of these Terms
Your violation of any law or third-party rights
Your content or submissions
Your tax obligations
Any dispute between you and another user

16. Dispute Resolution

16.1 Governing Law

These Terms are governed by the laws of the Netherlands, without regard to conflict of law principles.

16.2 Informal Resolution

Before initiating formal proceedings, you agree to contact us at legal@caskcapital.io to attempt to resolve any dispute informally. We will attempt to resolve the matter within 30 days.

16.3 Jurisdiction

If informal resolution fails, disputes shall be resolved exclusively in the competent courts of Amsterdam, the Netherlands, and you consent to the personal jurisdiction of such courts.

16.4 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST CASK CAPITAL.

17. Changes to Terms

17.1 Modifications

We may modify these Terms at any time. When we do:

We will update the "Last Updated" date
For material changes, we will notify you via email or Platform notice
Changes take effect 30 days after posting (or as stated in the notice)

17.2 Your Options

If you do not agree to modified Terms:

Stop using our Services before the changes take effect
Close your account and withdraw or sell your Assets
Contact us with concerns

Continued use after changes take effect constitutes acceptance.

18. Termination

18.1 By You

You may close your account at any time by:

Contacting us at info@caskcapital.io
Selling or transferring your Assets
Requesting account closure through the Platform

You remain responsible for any outstanding obligations.

18.2 By Us

We may suspend or terminate your account:

For breach of these Terms
For suspected fraud or illegal activity
For failure to complete verification
For extended inactivity
For any reason with 30 days' notice

18.3 Effect of Termination

Upon termination:

Your access to the Platform will be revoked
You must arrange sale or transfer of your Assets within [90 days]
Outstanding fees remain due
We may retain data as required by law
Provisions that should survive termination will survive (including Sections 10, 13, 14, 15, 16)

18.4 Abandoned Assets

If you fail to claim or transfer your Assets within [180 days] of account termination:

We may sell the Assets on your behalf
Proceeds (minus fees and costs) will be held for you
Unclaimed proceeds may be treated as abandoned property under applicable law

19. General Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Cask Capital.

19.2 Severability

If any provision is found unenforceable, the remaining provisions continue in effect.

19.3 No Waiver

Our failure to enforce any provision does not waive our right to enforce it later.

19.4 Assignment

You may not assign your rights or obligations without our written consent. We may assign our rights and obligations without restriction.

19.5 Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, war, terrorism, pandemic, government actions, or infrastructure failures.

19.6 Notices

Notices to you may be sent to the email address on your account. Notices to us should be sent to info@caskcapital.io.

19.7 Language

These Terms are drafted in English. If translated, the English version prevails in case of conflict.

20. Contact Us

For questions about these Terms:

Email: info@caskcapital.io

These Terms and Conditions were last reviewed on 16/05/2026.