terms

Terms and Conditions

BrainArk Real World Asset (RWA) Protocol β€” Version: September 2026

Legal review recommended

This document is a project-level draft describing how the BrainArk RWA Protocol is designed to operate. It should be reviewed and adapted by qualified legal counsel for the jurisdictions in which the platform and asset providers operate. It is not legal, investment, tax, or regulatory advice.

1. Introduction and Scope

These Terms and Conditions govern access to and use of the BrainArk Real World Asset (RWA) Protocol β€” a set of tools built to help individuals, businesses, and organizations build and tokenize their own real-world assets β€” and related infrastructure, including real-world asset registration, digital representation, marketplace functionality, liquidity mechanisms, smart-contract functionality, and related applications operated at rwa.brainark.online and connected BrainArk services.

By using the platform, a user acknowledges that they have read and understood these Terms and agree to comply with applicable laws and the rules of the relevant BrainArk ecosystem service.

2. Nature of the RWA Protocol

BrainArk provides blockchain infrastructure: an EVM-compatible Layer 1 network (chain ID 1236) built on Hyperledger Besu with IBFT validator consensus. The RWA Protocol is a toolkit β€” AssetRegistry, Marketplace, StakingManager, and supporting smart contracts β€” built to give individuals, businesses, and organizations everything they need to build and tokenize their own real-world assets directly, either through the no-code issuance interface or programmatically through the developer API.

BrainArk is not, by default, the custodian, owner, issuer, broker, trustee, appraiser, insurer, or legal guarantor of every underlying real-world asset represented through a third-party asset ecosystem.

3. Asset Provider Responsibilities

An asset provider (the wallet address that issues an asset through the platform) is responsible for the underlying real-world asset it introduces, including its existence, ownership or control, custody arrangements, valuation methodology where applicable, disclosures, customer agreements, and compliance with applicable law.

Asset providers must not use BrainArk infrastructure to create misleading, fraudulent, unlawful, or unauthorized representations of real-world assets or rights.

4. Legal and Regulatory Compliance

Real-world asset laws and regulations vary by jurisdiction. Asset providers and users are responsible for determining and complying with the laws applicable to their activities, assets, customers, and jurisdictions.

BrainArk infrastructure does not constitute legal advice and does not by itself establish that a tokenized real-world asset represents a legally enforceable claim in any particular jurisdiction.

5. Digital Representation and Ownership

An on-chain token, NFT, or other digital representation issued through the platform records information and programmable rights according to the relevant smart contract and provider terms. The legal effect of that representation depends on the provider’s arrangements and applicable law.

Each issued asset has an owner-controlled password mechanism used to authorize transfers and unstaking. Users are responsible for safeguarding this password with the same care as a private key β€” it cannot be recovered by BrainArk if lost.

Users should review the terms, disclosures, and legal documentation supplied by the relevant asset provider before acquiring or interacting with an RWA.

6. BAK Utility

BAK is the native coin of the BrainArk network (chain ID 1236) β€” not an ERC-20 token β€” and is used directly for transaction execution, smart-contract interactions, validator-related activity, liquidity mechanisms, bridge infrastructure, marketplace activity, RWA-related activity, and other supported ecosystem functions.

BAK should not be interpreted solely from its existence on the network as a guarantee of profit, appreciation, redemption, ownership of an underlying real-world asset, or a legal claim against BrainArk.

7. RWA Asset-Related BAK Mechanism

Issuing an asset through the RWA Protocol requires staking an amount of BAK alongside it, as part of the protocol’s asset-liquidity mechanism. There is no platform fee to issue an asset (0% issuance cost) β€” the requirement is a refundable BAK stake, not a charge. Minimum and maximum stake amounts are set per asset category (see Appendix C).

When the staked BAK tied to an asset is unstaked, the protocol currently applies a 3% unstaking fee (verified on-chain against the live StakingManager contract). The protocol also defines a separate, higher reduced-stake fee tier (20%) intended for stakes below a configurable threshold; that threshold is currently set to 0, so it does not presently apply to any stake β€” the standard 3% fee is the one that applies today. Both figures are read directly from the deployed contract and are subject to change by protocol governance; always confirm the current rate in the unstaking interface before confirming a transaction.

8. Marketplace Fees

The RWA Marketplace applies a 2% fee on applicable marketplace transactions (verified on-chain against the live Marketplace contract). Users should review the applicable interface and transaction details before confirming a transaction.

9. Network Fees and Validators

Transactions on BrainArk require gas fees paid in BAK. These fees support transaction processing and validator activity under IBFT consensus. The project intends that ecosystem fee activity can also contribute to infrastructure development and ecosystem growth.

10. RWA Liquidity and Market Risk

Liquidity may vary by real-world asset, market, trading venue, and time. The availability of a marketplace or liquidity mechanism does not guarantee that an RWA can be sold at a particular price or within a particular period.

Digital assets and tokenized real-world assets may involve substantial technical, market, operational, legal, and regulatory risks.

11. WBAK and Cross-Chain Infrastructure

WBAK is an ERC-20 representation of BAK on Binance Smart Chain (BSC), intended to provide access to external EVM and DeFi environments, including PancakeSwap liquidity. Cross-chain systems involve smart-contract, oracle, treasury, operational, and network risks.

Users are responsible for confirming network, contract, destination address, and transaction details before initiating a cross-chain transaction.

12. Smart Contracts and Blockchain Transactions

Blockchain transactions can be irreversible. Users are responsible for verifying wallet addresses, network selection, contract interactions, approvals, and transaction parameters before signing.

Smart contracts and blockchain infrastructure may contain unforeseen vulnerabilities or operational limitations despite development and security practices.

13. Performance and Network Availability

BrainArk has reported approximately 1,000 TPS, around 2-second block times, and fast finality from development transaction-load testing. These figures reflect tested conditions and should not be treated as a guaranteed production performance level.

Network performance may vary with validator configuration, transaction complexity, network load, infrastructure conditions, and future protocol changes.

14. User Responsibilities

Users must use the protocol lawfully and must not attempt to exploit, manipulate, disrupt, overload, or compromise the network, smart contracts, marketplace, bridge, or other ecosystem infrastructure.

Users are responsible for the security of their wallets, private keys, recovery phrases, asset passwords, credentials, and transaction approvals.

15. Third-Party Services

The BrainArk ecosystem may interact with external services, wallets, exchanges, DeFi protocols, bridges, infrastructure providers, and other third parties. BrainArk does not control all third-party systems and cannot guarantee their availability, security, legality, or performance.

16. No Investment or Legal Guarantee

Nothing on the platform should be interpreted as financial, investment, legal, tax, accounting, or regulatory advice. No statement in these Terms guarantees profit, appreciation, liquidity, redemption, or successful commercialization of any real-world asset.

Users should obtain independent professional advice where appropriate.

17. Changes to the Protocol and Terms

BrainArk may modify technical infrastructure, smart contracts, interfaces, fees, supported assets, or ecosystem features as development continues. Users should review current documentation and platform notices before using a service.

18. Risk Acknowledgement

By using the protocol, users acknowledge the risks associated with blockchain networks, smart contracts, digital assets, cross-chain systems, tokenized real-world assets, liquidity, market conditions, cybersecurity, regulatory changes, and loss of private-key or asset-password access.

19. Disclaimer of Warranties

To the extent permitted by applicable law, the protocol and related services are provided on an as-available basis. No representation is made that the infrastructure will always be uninterrupted, error-free, secure, or suitable for every purpose.

20. Contact and Documentation

Users should consult the current BrainArk documentation, application interfaces, and official project communications for the latest technical specifications, fees, supported services, and protocol updates. For support, contact brainarkbesuchain@gmail.com.


Appendix A β€” Key RWA Protocol Concepts

BrainArk Layer 1: EVM-compatible Layer 1 blockchain infrastructure built using Hyperledger Besu.

Consensus: IBFT validator consensus.

BAK: Native coin and settlement asset of the BrainArk ecosystem (chain ID 1236).

RWA Protocol: A set of tools that help individuals, businesses, and organizations build and tokenize their own digital representations of real-world assets.

Provider model: Asset providers are responsible for the underlying real-world assets, their custody/validation arrangements, and applicable legal compliance.

Marketplace: Infrastructure for listing and interacting with supported real-world asset representations.

Appendix B β€” Current Fee Schedule
Read directly from the live smart contracts on chain 1236. Always confirm current rates in the app interface β€” this schedule can change without notice per Section 17.
0%

Asset issuance fee (staking BAK is required, but not charged as a fee)

2%

Marketplace transaction fee

3%

Standard unstaking fee on asset-related BAK

1 BAK

Self-service custom asset-type registration fee

Appendix C β€” Supported Asset Categories

Categories currently offered in the issuance interface, each with its own minimum/maximum BAK stake range. Users may also register a custom category (1 BAK fee, see Appendix B).

πŸ›οΈ Retail Product β€” physical goods, merchandise (0.1–100 BAK stake)

🎟️ Event Ticket β€” concert, sports, conference (0.1–10 BAK stake)

🎫 Membership Card β€” access rights, subscriptions (1–50 BAK stake)

🎁 Gift Voucher β€” store credit, gift cards (0.1–10 BAK stake)

🏠 Real Estate β€” property, land, buildings (0.01–1,000,000 BAK stake)

πŸ“„ Bond β€” fixed income debt instrument (0.01–1,000,000 BAK stake)

πŸ›οΈ Treasury β€” government securities (0.01–1,000,000 BAK stake)

πŸ“ˆ Stock / Equity β€” company shares, equity stake (0.01–1,000,000 BAK stake)

🌿 Carbon Credit β€” carbon offset certificates (0.01–1,000,000 BAK stake)

πŸ›‘οΈ Insurance Policy β€” coverage, protection plans (0.01–1,000,000 BAK stake)