CASK CAPITAL TERMS AND CONDITIONS

Last Updated: 18/01/2026

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

| Term | Meaning | |------|---------| | 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

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

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

THE FEES YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR
[AMOUNT — e.g., €1,000]

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 [JURISDICTION — e.g., the Netherlands / England and Wales], 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:

[OPTION A — Courts] Exclusively in the courts of the Netherlands, and you consent to the personal jurisdiction of such courts.

[OPTION B — Arbitration] By binding arbitration administered by Netherlands Arbitration Institute (NAI) under its rules then in effect. The arbitration shall take place in the Netherlands. The arbitrator's decision shall be final and binding.

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 18/01/2026.