These Terms govern your access to and use of Toko. By creating a project, minting, claiming, listing, transferring, or otherwise using the Platform, you agree to be bound by them. If you do not agree, you must not use the Platform.
This summary is for convenience only. It is not part of the agreement — the numbered sections below are the binding Terms.
Welcome to Toko (the “Platform”, “we”, “our”, or “us”), operated by Toko Studios Ltd. These Terms and Conditions (“Terms”) govern your access to and use of our website, tools, and services that enable users to create, manage, distribute, and transfer non-fungible tokens and other tokens (“Tokens”) on the Internet Computer blockchain (“the Internet Computer” or “ICP”).
By using or accessing the Platform — including by ticking the acceptance box during project creation — you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you are using the Platform on behalf of a company or other entity, you represent that you are authorised to bind that entity.
You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) and legally able to enter into a binding contract. You must not be located in, or a resident of, any jurisdiction where use of the Platform is prohibited, and you must not be subject to any applicable sanctions or export-control restrictions. You are responsible for ensuring that your use of the Platform is lawful where you live.
The Platform provides tools to:
We do not:
All Token transactions occur directly on the Internet Computer between users' principals. Facilitating a listing or transfer does not make us a party to it.
Creators configure their own distribution and revenue settings — including beneficiary royalty splits and secondary-sale terms — within the limits the Platform makes available (for example, caps on secondary royalties and the seller-set referral fee). These settings are recorded with the collection and its Tokens and are disclosed before a buyer confirms.
We do not mediate disputes between creators, buyers, or third parties, and we do not guarantee the enforcement or payment of any creator-defined royalty. Except for the Platform fees described in Section 5, revenue splits are determined by the creator's configuration.
Certain revenue settings freeze when a collection goes live and cannot be changed afterwards. You are responsible for confirming your configuration before go-live.
The Platform may charge fees in connection with your use of it. Fees are disclosed before you confirm the relevant action. These may include:
Network cycles. Operating on the Internet Computer consumes cycles, the network's computation and storage resource. Cycles are funded at the project level and are paid in ICP; they are not a percentage of your revenue, and they are not controlled or retained by us as profit. You are responsible for keeping your project adequately funded so it can operate, and you acknowledge that hosting your Tokens has an ongoing network cost (see Section 6).
All fees and on-chain costs are non-refundable except where required by law.
To protect buyers, the ownership record and the media required to render each issued Token are held in Platform-operated canisters, separate from a creator's working tools. This means a creator who stops funding their project, or who walks away entirely, cannot cause your Token to silently become a broken image. While a collection is active, its Tokens remain owned and viewable.
Hosting is not unconditional or perpetual. Blockchain hosting has an ongoing cost, and we are not obliged to fund inactive collections indefinitely. A collection that becomes totally inactive — with no mints, trades, transfers, funding, donations, or other qualifying activity for an extended period — may be placed on a public at-risk list and, if no person (creator, holder, or supporter) acts to keep it alive, eventually wound down and terminated. Before any collection is terminated, we will provide reasonable notice, a public opportunity to fund its continued hosting, and an opportunity for holders to export a copy of their Token's media and provenance. This process is deliberate and staged — it is not a silent failure, and it is not triggered by creator inaction alone.
We may also cap the resolution or size of the media we host as the guaranteed representation of a Token. You acknowledge and agree to the hosting model and lifecycle described here.
You agree to:
You must not use the Platform to: infringe any third party's rights; upload or mint unlawful, fraudulent, hateful, or sexually exploitative content, or content depicting minors inappropriately; impersonate others or misrepresent affiliation; launder proceeds of crime or evade sanctions; distribute malware; or interfere with, probe, or abuse the Platform's infrastructure. You are solely responsible for your interactions, transactions, and assets within the Internet Computer ecosystem.
You retain full ownership of your original content. By uploading or minting through the Platform, you grant us a limited, non-exclusive, worldwide, royalty-free licence to host, store, reproduce, and display your Token media and metadata solely to operate, provide, and promote the Platform and its marketplaces. This licence lasts only as long as we host the relevant content.
You represent and warrant that your content does not infringe any copyright, trademark, likeness, privacy, or other right, and that you have all rights necessary to grant this licence. The Toko name, logo, and character assets are our property and may not be used without permission.
You understand and accept the risks of blockchain technology and digital assets, including price volatility, total loss of value, smart-contract or protocol vulnerabilities, loss of access if you lose control of your identity or keys, regulatory uncertainty, and the irreversibility of on-chain transactions. You are responsible for evaluating these risks before using the Platform.
Nothing on the Platform constitutes financial, investment, legal, or tax advice, and nothing is an offer, solicitation, or recommendation to buy or sell any asset. Tokens are digital collectibles and utilities; they are not offered as securities or investments. You should obtain independent professional advice where appropriate.
The Platform is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no guarantee regarding: the performance, availability, or security of the Internet Computer; the operation of third-party wallets, canisters, or dapps; or the market value, resale potential, or legal recognition of any Token. We are not responsible for losses caused by user error, identity or key compromise, smart-contract bugs, or network-level issues within the Internet Computer.
To the maximum extent permitted by law, Toko Studios Ltd, its affiliates, and their personnel shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, or for any loss of assets, profits, data, or goodwill, arising from or related to your use of the Platform or the Internet Computer, even if advised of the possibility. To the extent any liability cannot be excluded, our total aggregate liability is limited to the greater of the fees you paid us in the three months before the claim or USD 100.
You agree to indemnify and hold harmless Toko Studios Ltd, its affiliates, and their personnel from any claim, demand, loss, or expense (including reasonable legal fees) arising out of your content, your use of the Platform, your violation of these Terms, or your infringement of any third-party right or applicable law.
We may suspend or terminate your access to the Platform, or remove content, with or without notice, if we reasonably believe you have violated these Terms or applicable law, or to protect the Platform, its users, or third parties. Collections may also be wound down under the lifecycle process in Section 6. On-chain records and assets already settled on the Internet Computer are outside our control and are not affected by suspension of your Platform access. Sections that by their nature should survive termination (including Sections 8–13, 16, and 18) will survive.
You are solely responsible for determining and paying any taxes that apply to your activity on the Platform, including in connection with minting, sales, royalties, and transfers. We are not responsible for withholding or reporting taxes on your behalf unless required by law.
These Terms are governed by and construed under the laws of the British Virgin Islands, without regard to conflict-of-laws principles. You agree that any dispute arising from or relating to these Terms or the Platform shall be resolved exclusively in the courts of the British Virgin Islands, and you consent to their jurisdiction.
We may modify these Terms from time to time. When we do, we will post the updated Terms with a new “Last updated” date. Material changes will be highlighted where practicable. Your continued use of the Platform after the changes take effect constitutes acceptance of the revised Terms.
These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Platform and supersede any prior agreement on that subject. If any provision is found unenforceable, the remaining provisions stay in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them to an affiliate or successor. Nothing in these Terms creates a partnership, agency, or employment relationship.
For questions or support, contact Toko Studios Ltd at our Discord or by email at [email protected].