Terms Of Use
Effective Date: April 5, 2025
1.
Acceptance of Terms These Terms of Use ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Escher Finance Ltd., a company incorporated and existing under the laws of the British Virgin Islands, including its affiliates, subsidiaries, parent companies, officers, directors, employees, agents, service providers, and licensors (collectively, "Escher Finance," "Company," "we," "us," or "our"). These Terms govern your access to and use of our website located at https://www.escher.finance, including any content, functionality, interfaces, smart contracts, and services offered through or in connection therewith (collectively, the "Interface"). By accessing or using the Interface, you represent and warrant that you have read, understood, and agree to be legally bound by these Terms, including our Privacy Policy, which is incorporated herein by reference.
2.
Eligibility and Legal Capacity By accessing or using the Interface, you represent and warrant that: (a) you are at least eighteen (18) years of age or the legal age of majority in your jurisdiction; (b) you have full legal capacity, right, authority, and power to enter into these Terms and to perform your obligations hereunder; (c) your use of the Interface is in compliance with all applicable laws and regulations; (d) you are not located in, under the control of, or a national or resident of any country subject to embargo or designated as a state sponsor of terrorism by the United Nations, European Union, United Kingdom, or United States; (e) you are not listed on any sanctions list issued by any of the aforementioned entities, including the Office of Foreign Assets Control (OFAC); and (f) you are not using VPNs, proxies, or other means to obscure your geographic location in order to access the Interface.
3.
Modification of Terms We reserve the right, in our sole discretion, to amend, modify, revise, or update these Terms at any time. Any such changes shall be effective immediately upon posting on the Interface or otherwise communicated to you. Your continued use of the Interface following any such changes constitutes your acceptance of the modified Terms. You are encouraged to review these Terms periodically to ensure that you understand the terms and conditions that apply when you access or use the Interface.
4.
Description of the Interface and Services The Interface is a non-custodial, decentralized software front-end that enables users to interact with blockchain-based smart contracts and protocols related to liquid staking, restaking, yield-bearing derivatives, and other decentralized finance ("DeFi") services. Escher Finance does not own or control any of the underlying blockchain protocols, validators, staking mechanisms, or third-party applications that may be accessed through the Interface. All transactions and interactions are executed by the user through self-custodied wallets, and at no time does Escher Finance take custody or control of any user funds, keys, or assets.
5.
No Financial, Legal, or Tax Advice; No Fiduciary Duties All information and content provided through the Interface is for informational purposes only and does not constitute financial, investment, legal, or tax advice. Escher Finance does not act as a broker-dealer, investment advisor, legal advisor, tax advisor, custodian, or fiduciary in any capacity. You acknowledge that you are solely responsible for conducting your own due diligence and risk assessment before making any decisions involving digital assets or decentralized protocols. You further agree that Escher Finance shall not have any fiduciary duties or obligations to you, whether arising from these Terms or otherwise, and that you irrevocably disclaim, waive, and renounce any such duties.
6.
Prohibited Conduct You agree that you shall not, and shall not permit any third party to: (a) use the Interface for any unlawful purpose, including money laundering, terrorist financing, or market manipulation; (b) gain unauthorized access to the Interface, any smart contracts, or any associated networks; (c) use the Interface to violate the rights of others, including intellectual property rights, privacy rights, or contractual rights; (d) reverse engineer, decompile, disassemble, or attempt to derive the source code of the Interface or any part thereof; (e) deploy or use any automated system, including bots, scrapers, or crawlers, to interact with the Interface; (f) engage in any activity that interferes with or disrupts the functionality of the Interface or any blockchain network.
7.
Compliance with Laws and Sanctions You represent and warrant that you are in compliance with all applicable laws, rules, and regulations, including without limitation anti-money laundering (AML), counter-terrorist financing (CTF), anti-corruption, securities, commodities, and tax laws. You further acknowledge and agree that your use of the Interface may be subject to regulatory investigations or enforcement actions, and that Escher Finance reserves the right to block, suspend, or report any address or activity that it, in its sole discretion, deems suspicious or potentially in violation of applicable law.
8.
Assumption of Risk You understand and agree that interacting with digital assets and blockchain technologies involves significant risk. These risks include, but are not limited to, the risk of loss of funds, price volatility, smart contract bugs, validator misbehavior, network forks, governance attacks, and regulatory uncertainty. You further acknowledge that Escher Finance does not and cannot guarantee the performance, reliability, security, or availability of any blockchain or smart contract. By using the Interface, you accept all risks associated with blockchain transactions and agree that you are solely responsible for your use of the Interface and any consequences thereof.
9.
Limited License to Access and Use Subject to your compliance with these Terms, Escher Finance hereby grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Interface for your personal, lawful, and non-commercial use only. This license does not include any right to modify, distribute, create derivative works of, publicly perform, or exploit any part of the Interface.
10.
Fees and Third-Party Costs You acknowledge and agree that blockchain transactions initiated through the Interface may be subject to network fees ("gas fees"), validator commissions, or third-party service charges. Escher Finance does not receive, retain, or control any of these fees. You are solely responsible for paying all fees incurred as a result of your transactions.
10A.
Tax Responsibilities You are solely responsible for determining, reporting, and remitting any applicable taxes arising from your use of the Interface, including any gains, income, or losses related to the acquisition, holding, transfer, staking, or disposition of digital assets. Escher Finance does not provide tax advice and shall not be held liable for any tax obligations or liabilities incurred by you.
10B.
Delays, Downtime, and Protocol Modifications You acknowledge and accept that the Interface and the underlying protocols may be subject to maintenance, upgrades, downtime, disruptions, or other technical issues, including due to validator slashing, protocol governance changes, or blockchain congestion. Escher Finance makes no guarantees regarding the timeliness or availability of staking, unstaking, restaking, or withdrawal operations.
11.
Non-Reliance and Token Disclaimers Any mention of digital assets, tokens, projects, or third-party protocols on the Interface is for informational and convenience purposes only. Escher Finance does not verify or endorse any token listed or referenced on the Interface and makes no representation regarding the legality, utility, value, or accuracy of such tokens. You are solely responsible for conducting your own independent verification of token contract addresses and other relevant information before interacting with any asset or smart contract.
12.
Intellectual Property Rights All content, trademarks, service marks, logos, trade names, design elements, software, documentation, and other materials displayed or provided on the Interface (excluding open-source smart contracts) are owned or licensed by Escher Finance and are protected by intellectual property laws. You may not copy, reproduce, distribute, display, or create derivative works from any such materials without the express prior written consent of Escher Finance.
13.
Privacy and Data Handling You acknowledge and agree that Escher Finance may collect and process certain technical data and usage information, including but not limited to IP addresses, browser types, device identifiers, wallet addresses, and interaction logs, for the purposes of analytics, fraud prevention, and compliance with legal obligations. All such processing shall be conducted in accordance with our Privacy Policy.
14.
No Warranties THE INTERFACE IS PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ESCHER FINANCE DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ACCURACY. WE DO NOT WARRANT THAT THE INTERFACE WILL BE ERROR-FREE, SECURE, OR AVAILABLE WITHOUT INTERRUPTION.
15.
Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ESCHER FINANCE OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE INTERFACE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15A.
Additional Exclusions of Liability Without limiting the foregoing, Escher Finance shall not be liable for any damages or losses resulting from: (a) smart contract vulnerabilities or exploits; (b) validator misbehavior or slashing; (c) protocol governance decisions; (d) user error, including misconfigured wallets or lost private keys; or (e) changes in applicable law, regulation, or enforcement.
16.
Indemnification You agree to indemnify, defend, and hold harmless Escher Finance, its affiliates, officers, directors, employees, contractors, agents, licensors, and partners from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the Interface; (b) your violation of these Terms or any applicable law; (c) your breach of any representation, warranty, or obligation; or (d) your violation of any rights of any third party.
17.
Suspension and Termination Escher Finance may, in its sole discretion and without liability or notice, suspend, terminate, or restrict your access to all or part of the Interface at any time, for any reason or for no reason, including for any breach of these Terms.
18.
Governing Law; Arbitration These Terms shall be governed by and construed in accordance with the laws of the British Virgin Islands, without regard to its conflicts of law principles. Any dispute arising out of or relating to these Terms or the Interface shall be finally settled by binding arbitration under the rules of the London Court of International Arbitration (LCIA), with the seat of arbitration in London, United Kingdom. The arbitration shall be conducted in English before a single arbitrator, and the award rendered by the arbitrator shall be final and binding.
19.
Class Action and Jury Trial Waiver To the fullest extent permitted by applicable law, you and Escher Finance each waive the right to a trial by jury and the right to participate in any class action or representative proceeding. All claims and disputes shall be brought solely on an individual basis.
20.
Force Majeure Escher Finance shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, epidemics, wars, riots, terrorism, labor disputes, utility failures, acts of government, cyberattacks, or Internet or network service interruptions.
21.
Severability If any provision of these Terms is found to be unlawful, void, or unenforceable for any reason, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.
22.
Assignment You may not assign or transfer any rights or obligations under these Terms without the prior written consent of Escher Finance. Escher Finance may freely assign or transfer its rights and obligations hereunder without restriction.
23.
Entire Agreement These Terms, together with our Privacy Policy and any other legal notices published by Escher Finance, constitute the entire agreement between you and Escher Finance concerning your access to and use of the Interface, and supersede all prior or contemporaneous understandings, agreements, representations, and warranties.
24.
No Waiver No waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent breach or default. The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
25.
Language These Terms are written in the English language. Any translation is provided for convenience only. In the event of any inconsistency or conflict between the English version and any translated version, the English version shall prevail.
26.
Contact Information If you have any questions or concerns regarding these Terms, or if you wish to provide any notice under these Terms, please contact us at: info@escher.finance
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