Terms & Conditions

1. Identification of the Parties

These General Terms of Use are agreed upon, on the one hand, by the Owner and, on the other hand, by you, as a natural or legal person who voluntarily and freely accesses the Website. These conditions will be applicable regardless of the subscription to the investment services offered on the Platform.

2. Purpose of the Website

Tortuga is a tokenized real estate investment platform that provides investors with various investment opportunities, allowing them to participate in these opportunities through the acquisition of ownership represented in the form of blockchain-based tokens, such as participation in property-backed yield-bearing instruments.

3. User's Obligations

As a User, by merely accessing and browsing the Website, you must:

• Use the Website diligently, correctly, and lawfully, always in compliance with current legislation, morality, and good customs, as well as public order.
• Periodically review these Terms, or any other applicable ones, checking for any modifications that may occur.
• Review the communications that Tortuga sends you, as they may contain important information.
• Not use the Website for commercial purposes, especially to collect information or content with the purpose of providing services that clearly compete with Tortuga.
• Not modify or attempt to modify in any way, nor take actions or use means aimed at simulating the appearance or functions of the Website.
• Not damage, disable, overload, or hinder the service (or the network or networks connected to the service), or interfere with its use and enjoyment.
• Refrain from taking any action that involves the introduction of computer viruses, worms, Trojans, or any other type of malicious code intended to disrupt, destroy, or limit the functionality of the Website.
• Not use reverse engineering techniques and/or decrypt, decompile, or use any other system intended to know the source code of Tortuga.
• Not perform any act that may violate the rights or interests of the Owner or third parties, such as intellectual or industrial property rights (patents, trademarks, copyright, trade secrets).

4. Availability of the Website

The Owner strives to improve and expand Tortuga, as well as its content and the services offered on it. Nevertheless, the Website will be displayed as it is at all times, depending on availability, limitations, and other concurrent circumstances.

5. Specific Registration Conditions

These Specific Registration Conditions are entered into, on one hand, by Tortuga, and on the other hand, by the User who has completed the corresponding steps to create an account as an Investor and the registration process indicated on the Website, along with the acceptance of these Specific Conditions.

5.1. Requirements and Procedure for Creating an 'Investor' Account

Individuals of legal age may create an account on the Website, either on their own behalf or on behalf of a legal entity. In the latter case, the individual must have the legal representation of the relevant legal entity or company. The User must connect a compatible blockchain wallet and complete the registration steps, including reading the information related to the Privacy Policy.

The Owner reserves the right to verify and confirm the User's identity at any time. Failure to meet the requirements specified in this section or identity misrepresentation allows the Owner to deactivate such User at any time, absolving the Owner of any responsibility for this action.

5.2. Obligations of the Registered Investor User

The Registered Investor User has the following obligations:

• Do not register with multiple User accounts on the Website or do so with false information or impersonating the identity of others. You are responsible for providing your real information.
• Do not use or attempt to use another User's account without authorization or consent.
• Be solely responsible for all activities carried out from your personal account on Tortuga.
• Safeguard the confidentiality of your login information and wallet credentials, as you will be responsible for any damage suffered by third parties due to non-compliance with these Conditions.
• Keep the account updated.
• Store your wallet private keys and passwords confidentially.
• Be the only User using the created account.
• Do not commercialize, sell, or transfer the account to a third party.

Tortuga reserves the right to verify the profile of the Investor User, and may delete or suspend the account in case of non-compliance with these legal texts or any others applicable.

6. Referral Program Conditions

Below, we detail the conditions of the referral program that can be accessed when, at the time of registration, the user registers using a referral code:

6.1. Beneficiaries of the Program

• Referrer: A Tortuga user becomes a referrer when a new user has used their referral code at the time of registration and has made their first investment.
• Referred: This refers to a new user who, at the time of registration, has used another Tortuga user's referral code.

6.2. Program Compensation

Compensation details and percentages will be published and maintained on the Platform. Both the Referred and the Referrer will receive their incentive after the applicable vesting period, provided that the investment has not been withdrawn.

6.3. Limitations

First-degree relatives or legal entities whose administrator is the referrer cannot be invited.

7. Disclaimer

7.1. Availability

Tortuga works to ensure that the services and functionalities of the Website are always available. However, when you access it, it will be shown according to the availability and limitations that occur at any given time.

7.2. Scope of Tortuga's Control

Despite the continuous efforts of the Owner to protect the systems and the contents included in the Website, using security standards and regulatory compliance, it is not possible to offer full guarantees regarding intrusions or information loss that may occur. Likewise, the absence of viruses or other harmful elements on the Website or on third-party websites that may cause alterations in the User's computer system cannot be guaranteed. The User assumes and understands that there may be situations beyond Tortuga's control.

7.3. Responsibility for Third-Party Links

The Platform may include links to pages or sites of third parties unrelated to the Owner, over which it assumes no responsibility. The User who accesses any link published on the Website does so at their own risk, and the Owner assumes no responsibility for it.

7.4. Responsibility for Misuse of the Website

The Website is exempt from any responsibility arising from the misuse of it by Users, as well as from the non-compliance with the obligations or commitments assumed under these conditions or any other applicable ones.

8. Intellectual and Industrial Property Rights

All intellectual and industrial property rights over the Website and its contents, including programming, design, applications, graphics, codes, text, or images, trademarks, trade names, distinctive signs, and other elements present there, belong exclusively to the Owner. Consequently, any reproduction, distribution, public communication (including making available), transformation, or any other form of exploitation, even citing the sources, is prohibited, unless prior written consent is obtained from the Owner or the exclusive rights holder. If you detect any infringement, please let us know by email at legal@tortuga.estate.

9. Indemnification

9.1. Penalty

The Owner may penalize any of the Users who breach the applicable conditions by denying them access, temporarily or indefinitely, to the Website. The duration of the penalty will depend on the type of infringement committed. The restricted access does not imply, in any case, the right to compensation.

9.2. Damage, Harm, Loss or Cost

Any type of damage, harm, loss, or cost (including attorney's fees and/or court costs) arising from a breach by the User of these Conditions or any other applicable ones, incurred by Tortuga, must be compensated by the User who caused it. This includes any third-party claims arising from such breaches.

10. Modifications

These Conditions may be modified and/or updated at any time without prior notice. The modifications will take effect from their publication on the Website, regardless of the means and form used for it. The modification will only affect Users who have accepted them after such modification.

11. Other Matters

11.1. Safeguard and Interpretation

If the competent authority declares any of these provisions as illegal, invalid, or unenforceable, it will mean that it must be interpreted in the way closest to the original intent of such provision. In any case, such a declaration regarding one or more clauses will not affect the validity of the others. The failure of the Owner to insist on strict compliance with any of the terms of these Conditions does not constitute, and cannot be interpreted as, a waiver on their part to require it in the future.

11.2. Language

The language applicable to these Conditions is English. If versions in other languages are provided, it is solely for courtesy and user convenience. In the event of a contradiction, the English version will prevail.

11.3. Legislation and Jurisdiction

The relationship between the Owner and the User will be governed by the applicable law of the jurisdiction in which the Owner operates. Any disputes or conflicts concerning these Terms will be resolved in accordance with applicable regulations. If the user qualifies as a consumer and/or user in accordance with applicable regulations, any disputes will be subject to the courts and tribunals of the user's domicile.