https://www.secondarydao.com/termsofservice
TERMS OF SERVICE
Last Updated: Tuesday, 1/3/26
Welcome to SecondaryDAO.com (SD), operated by Secondary DAO SA de CV, ISAOA ATIMA. Please review the following terms carefully as they govern your use of our services. By accessing this site and any of its pages, you agree to be bound by the Terms of Service and Privacy Policy.
- GENERAL DISCLAIMERS
Secondary DAO SA de CV is not a registered broker-dealer or investment advisor and does not provide investment advice, endorsements, or recommendations for any properties listed on this site.
The content on this website is not an offer to sell, solicitation to buy, or a recommendation regarding any security.
You are solely responsible for evaluating whether an investment aligns with your objectives, financial circumstances, and risk tolerance. Consult with qualified legal and financial advisors for professional advice.
- ACCOUNT REQUIREMENTS
You must open a SecondaryDAO Account to use our services.
During registration, accurate and complete information must be provided. You are fully responsible for all activity under your account.
Secondary DAO SA de CV reserves the right to suspend or terminate accounts for providing false or incomplete information.
- INVESTMENT RISKS
Investing in real estate involves inherent risks, including:
• Market volatility, which may result in partial or total loss of investments
• The unpredictability of future property values and potential negative cash flows
Before investing, carefully review all information and consult with tax and legal advisors.
- POLICIES AND PROCEDURES (ARTICLES 28–35 OF THE REGULATION)
4.1 Spot Operations (Article 28)
SecondaryDAO facilitates immediate transactions for tokenized real estate assets. Once the buy and sell sides agree on terms, transactions are settled instantly through smart contracts.
4.2 Forward Operations (Article 29)
SecondaryDAO does not currently support forward operations. This may change subject to regulatory approval and platform updates.
4.3 Optional Purchase or Sale Operations (Article 30)
Optional purchase or sale operations are not currently supported.
4.4 Settlement of Operations (Article 31)
The SecondaryDAO Escrow Contract ensures secure and compliant settlement of digital asset transactions.
4.5 Seizure, Arbitration, and Protection of Acquirers’ Assets (Articles 32–34)
Embargo (Article 32): SecondaryDAO complies with applicable legal embargoes and enforcement actions.
Arbitration (Article 33): Disputes may be subject to arbitration in accordance with applicable law and platform policies.
Protection of Acquirers’ Assets (Article 34): Market integrity, transparency, and asset protection measures are implemented through smart contracts and operational controls.
4.6 Investments (Article 35)
SecondaryDAO does not guarantee returns or performance. Investment outcomes depend on property performance, market conditions, fees, and governance decisions.
4.7 FEES AND PLATFORM CHARGES (REGULATORY DISCLOSURE)
Trading Fees (Initial Property Sales and Secondary Market)
Trading fees apply to both Initial Property Sales (IPS) and secondary market transactions.
• Maximum trading fee: up to 8% per transaction, configurable per property
• Fee allocation may be paid entirely by the buyer or split between buyer and seller
Trading fees:
• Are disclosed on the property details page
• May be reduced or waived at launch
• May be adjusted over time but shall not exceed the stated maximum
Buyout Fees
In the event of a property buyout:
• A platform fee of up to 10% of total buyout proceeds may apply
• Applicable buyout fees are disclosed on a per-property basis
• Any modification requires at least 30 days’ prior public notice
Assets Under Management (AUM) Fee
• Each property is subject to a 1% annual AUM fee
• Calculated at the property level
Distribution Claim Fees
• Gasless (relayed) distribution claims incur a $0.05 USDC fee
• Direct, self-executed distribution claims incur no fee
- CUSTODIAL WALLETS
SecondaryDAO does not offer custodial wallets.
Users retain full control of their funds. Assets are never used without user consent. Users are responsible for self-custody at all times.
- WITHDRAWAL LIMITS
There is a $50,000 USD weekly withdrawal limit for cash and cash equivalents, excluding property tokens. This limit may be adjusted for liquidity or compliance reasons.
- PROPERTY ESCROWS
Escrow accounts may be held in IOLTA accounts managed by Secondary DAO SA de CV ISAOA ATIMA or via property-specific escrow smart contracts.
Escrow balances may be verified on-chain at explorer.secondarydao.com.
Renter deposits are held in a separate renter deposit escrow until recognized as income by the applicable property contract.
All property smart contracts are deployed on Arbitrum One, verified on Arbiscan or explorer.secondarydao.com, and linked from each property's detail page.
- THIRD-PARTY CONTENT
Links to third-party content do not constitute endorsement by Secondary DAO SA de CV.
- CONTRACT VOTING
Votes not cast within designated time limits may be proxied to the contract creator or contract manager (ISAOA ATIMA), unless explicitly opted out.
ACKNOWLEDGMENT OF RISKS
By accessing this site, you acknowledge:
• The risks associated with real estate and digital assets
• The potential for unpredictable performance and market value changes
SECTION X: TOKEN BUYER DISCLOSURES & SYSTEM GOVERNANCE FRAMEWORK
This section applies to all token buyers and participants on SecondaryDAO.
- Token Mechanics and Ownership
Property Tokens represent fractional economic rights in real estate-backed smart contracts and do not confer ownership of the physical asset.
Tokens are issued to self-custodied ERC-20 wallets and are non-custodial.
- Contract Evolution & Defaults
Smart contracts may evolve. New deployments may inherit defaults, override settings, or implement new governance logic.
- Governance Participation
Token holders may vote on:
• Property maintenance approvals
• Distribution logic
• Contract upgrades
• Escrow reserve policies
Voting thresholds and calculations are defined per property contract.
Proxy voting may apply if a vote is not cast in time.
- Escrow Replenishment Policy
All Property Contracts implement automated escrow replenishment via the PropertyReserveFundManager contract.
Rent withholding is based on reserve shortfall:
• 0% shortfall: 0% withheld, 100% distributed
• Less than 25% shortfall: targeted monthly withholding to restore reserves
• 25–49% shortfall: 50% withheld, 50% distributed
• 50–74% shortfall: 75% withheld, 25% distributed
• 75% or greater shortfall: 90% withheld, 10% distributed
Withheld rent replenishes, in order:
-
Vacancy Reserve
-
Maintenance Reserve
-
Annual Property Taxes
-
Annual Insurance
Governance may modify these rules via vote or disclosed contract upgrade.
Reserve balances, tiers, and projected distributions are publicly viewable on-chain.
- Future Contract Deployments
Material changes to governance, distribution, or escrow mechanics will be disclosed in advance.
- Legal Acknowledgments
By holding Property Tokens, you acknowledge:
• The programmable and evolving nature of smart contracts
• Responsibility to review updates and participate in governance
• That no returns or performance are guaranteed
For additional information, contact:
[email protected]
Policies and procedures are updated periodically. Continued use constitutes acceptance of the latest version.