Terms of Use

These Terms of Use (“Terms”) are entered into between you (“you” or “your”) and Omni Ltd. dba Yield.xyz, a Bermuda corporation with an incorporation address of Walkers Corporate (Bermuda) Ltd., Park Place 55, Par-la-ville Road, Hamilton HM11 Bermuda, together with its affiliates (“Yield.xyz”, “we”, “us”, and “our”). By accessing, downloading, using, or clicking on “I Agree” (or other wording of assent) to accept any Yield.xyz services provided through Stakekit and Defikit (the “Service”), you agree that you have carefully read, understood, and accepted all of the terms and conditions within these Terms as well as our Privacy Policy. Our Privacy Policy can be accessed here: Yield.xyz Privacy Policy. In addition, when using some features of the Service, you may be subject to specific additional terms and conditions applicable to those features.

THE TERMS INCLUDE AN ARBITRATION PROVISION IN SECTION 18, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS. IF YOU WISH TO OPT OUT OF THE ARBITRATION PROVISION SET FORTH BELOW, YOU MUST FOLLOW THE PROCEDURES SET FORTH IN SECTION 18. THESE PROVISIONS APPLY SOLELY TO THE EXTENT PERMITTED IN YOUR JURISDICTION.

As with any asset, the values of digital assets (including cryptocurrencies and tokens, collectively “Digital Assets”) may fluctuate significantly and there is a substantial risk of economic losses when purchasing, selling, holding, or investing in Digital Assets and their derivatives. Perpetuals trading and DeFi activities are speculative, carry substantial risk, and may not be appropriate for all users. Leverage amplifies outcomes and volatile markets can move quickly, which may lead to significant losses in a short period. By making use of the Service, you acknowledge and agree that: (1) you are aware of the risks associated with transactions involving Digital Assets and their derivatives, including perpetual futures and DeFi protocols; (2) you shall assume all risks related to the use of the Service and transactions involving Digital Assets and their derivatives; and (3) Yield.xyz shall not be liable for any such risks or adverse outcomes.

By accessing, using, or attempting to use the Service in any capacity, you acknowledge that you accept and agree to be bound by these Terms. These Terms supersede and replace any and all prior oral and/or written agreements between Yield.xyz and you regarding the Service.

1. The Services

1.1 Description

The Service comprises Stakekit and Defikit, which together provide staking and yield integration Services. The Service allows you to: (a) stake Digital Assets across various blockchains; (b) earn interest or other yield with Digital Assets on decentralized finance (“DeFi”) platforms; and (c) engage in perpetual futures trading and other DeFi activities. The Digital Assets that are supported by the Service are subject to change. The Service also includes the ability to send, receive, stake, bridge, and swap Digital Assets.

1.2 Availability of the Service

The Service is offered in two ways: (i) online as a software application for users (“Users”), accessible through a website interface; or (ii) as an API adopted by third party clients who then place the API into their respective applications or sites.

1.3 Self-Custodial Wallets Only

The Service can be integrated only with self-custodial wallets, meaning wallets for which Users are in possession of or have immediate access to their private keys. The Service neither contains or offers a separate Digital Asset wallet, nor is it a precondition for using the Service that Users have a wallet offered by Yield.xyz. Rather, Users connect their existing self-custodial wallets to the Service, so that they engage directly with the blockchain. You should consult the terms of service provided by your wallet provider to understand your rights and responsibilities as they relate to your self-custodial wallet.

Yield.xyz has no custody or control over the contents of your wallet and has no ability to retrieve or transfer its contents. When you connect your wallet to the Service, you agree to be bound by these Terms. Custody and private keys remain with you at all times.

1.4 Interaction with Blockchain Networks and DeFi Platforms

The Service facilitates interaction with blockchain networks and DeFi platforms, which are decentralized, permissionless, and community-driven. Yield.xyz does not own, control, or operate these blockchain networks or DeFi platforms, nor can it modify or interfere with their functionality, security, or availability. The Service is not the exclusive means of accessing these blockchain networks or DeFi platforms.

All transactions conducted on blockchain networks are executed by decentralized validators or protocols. Yield.xyz is solely a provider of the Service. Markets, protocols, and opportunities shown through the Service, including those created under permissionless deployment mechanisms, are surfaced based on onchain activity and are not reviewed, verified, or approved by Yield.xyz. Yield.xyz has no involvement in the execution of transactions, and expressly disclaims any liability for losses or damages arising from or related to any interaction with, or actions taken on, blockchain networks or DeFi platforms through the Service.

1.5 No Fees to Users

The Service is free of charge for Users, and Yield.xyz does not charge any fees to Users directly for use of the Service. However, fees may be incurred on blockchain networks and DeFi platforms when you interact with them through the Service. You acknowledge and agree that you are solely responsible for paying all such fees, and that you understand and accept that the cost and speed of transacting with blockchain-based systems is variable and may increase at any time.

1.6 User Responsibility and Risk

By using the Service, you acknowledge and agree that all use of the Service, and any interaction with blockchain networks or DeFi platforms through the Service, is entirely at your own risk. You are solely responsible for evaluating any markets, protocols, or opportunities you access. You are solely responsible for determining whether your access to and use of the Service complies with applicable laws and regulations in your jurisdiction, including, but not limited to, laws governing staking, DeFi, leveraged trading, or derivative trading. By using the Service, you expressly represent and warrant that your activities are lawful under such applicable laws.

2. Agreement to Terms

When you click “I Agree” (or other wording indicating your assent) or when you access the Service or use any of Yield.xyz’s services, you agree to be bound by these Terms. If you do not agree to these Terms, do not agree to or use the Service or services.

3. Intellectual Property Rights

The Service, including its application and websites, and their entire contents, features, and functionality (including software, text, images, videos, audio, design, and information) are owned by Yield.xyz Ltd., its licensors, affiliates, or other providers of such material and are protected by both United States and international intellectual property laws (including copyright, trademark, patent, trade secret and other intellectual or proprietary rights laws). Under these Terms, you are permitted to make use of the Service for your personal, non-commercial use only.

4. User Content

Any content that you make available to Yield.xyz through the Service constitutes User Content. You must possess the right and the authority to submit your User Content and that your User Content does not infringe upon any intellectual property rights or the rights of a third party. Yield.xyz reserves the right to a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, copy, distribute, create derivative works of, and display the User Content that you upload, submit, store, send, or receive through the Service. You must acknowledge that there may be certain instances in which you may have deleted specific User Content, and some of your User Content may not be completely removed and copies of your User Content may continue to exist within the Service. Yield.xyz is not responsible or liable for the deletion of any of your User Content. Yield.xyz maintains no obligation to monitor User Content.

When you access the Service, you must understand that you may be exposed to User Content that is offensive, indecent, or objectionable. Yield.xyz is neither responsible nor reserves any liability for User Content, including any loss or damage to your User Content.

5. Acceptable Use

You may only use the Service for lawful purposes and in compliance with these Terms. You may not use the Service in the following ways:

5.1 Violations of Law

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries), or that violates, attempts to violate, or facilitates the violation of any applicable law, regulation, rule, or governmental order, including, but not limited to, those relating to financial crimes, data protection, intellectual property, or consumer protection.

5.2 Harm to Minors

For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

5.3 Impersonation

To impersonate or attempt to impersonate Yield.xyz, an Yield.xyz employee, another user, or any other person or entity.

5.4 Harmful Conduct

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm Yield.xyz or users of the Service, or expose them to liability.

5.5 Interference

To use any device, software, or routine that interferes with the proper working of the Service or any associated or underlying software. Additionally, you agree not to otherwise attempt to interfere with the proper working of the Service or any associated or underlying software.

5.6 Intellectual Property Infringement

For any activity that infringes or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under applicable law.

5.7 Cyberattack

For any activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including, but not limited to, the deployment of viruses and denial of service attacks, phishing schemes or malicious code.

5.8 Fraud and Misrepresentation

Activity that seeks to defraud us or any other person or entity, including, but not limited to, providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another, or impersonating any person, entity, or system.

5.9 Market Manipulation

Activity that violates any applicable law, rule, or regulation concerning the integrity of trading markets, including, but not limited to, manipulating trading volumes or prices through coordinated actions, such as wash trading, spoofing, or any other practice intended to deceive market participants.

5.10 Circumvention of Restrictions

Activity that attempts to bypass, evade, or circumvent any restrictions imposed by the Service or Yield.xyz, including but not limited to: (a) using technologies such as VPNs, proxies, or other methods to conceal your location; (b) making false statements or misrepresentations about your residency, citizenship, or compliance with applicable laws; or (c) engaging in any other activity designed to evade the restrictions set forth in these Terms or applicable laws.

5.11 Money Laundering and Sanctions Violations

Activity that involves or facilitates money laundering, terrorism financing, proliferation financing, or any other illegal financial activity, including the use of the Service to engage in or support transactions prohibited by applicable sanctions laws or regulations.

5.12 Exploitation of Vulnerabilities

Activity that exploits any errors, bugs, vulnerabilities, or unintended features of the Service, blockchain networks, DeFi platforms, or any associated code, including attempts to gain any unauthorized access or manipulate transactions.

5.13 Automated or High-Frequency Abuses

Activity that employs bots, scripts, or other automated methods to interact with the Service in ways that exceed reasonable usage, bypass rate limits, cause denial-of-service conditions, or disrupt the normal functioning of blockchain networks, DeFi platforms, or related systems.

5.14 Manipulation of Leverage and Liquidation Processes

Activities designed to exploit vulnerabilities in the leverage or liquidation mechanisms of DeFi platforms or perpetuals protocols, including, but not limited to, coordinated efforts to distort market pricing, manipulate protocol weaknesses, or create artificial disruptions.

By engaging in any prohibited activity, whether intentional or inadvertent, you agree to indemnify and hold harmless the Indemnified Parties (as defined in Section 13 below) from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable legal fees, arising out of or related to such activity.

6. High-Risk Investment Warning and Risk Disclosures

6.1 No Guaranteed Outcomes

Yield.xyz does not guarantee profits, returns, or performance. Past results are not indicative of future performance. You may lose some or all funds committed as collateral, including as a result of liquidation. You should trade only with funds you can afford to lose and assess your objectives, experience, and risk tolerance.

6.2 Speculative and High-Risk Nature

Perpetuals trading and DeFi activities are speculative, carry substantial risk, and may not be appropriate for all users. Leveraged trading can result in substantial losses that may exceed your initial capital. Leverage amplifies outcomes and volatile markets can move quickly, which may lead to significant losses in a short period. Only trade with money you can afford to lose.

6.3 Product Mechanics and Charges

Perpetuals may involve funding payments and fees, and venue-level risk controls (including deleveraging mechanisms) may affect positions and realized outcomes. Blockchain networks and DeFi platforms may impose transaction fees, gas fees, protocol fees, and other charges.

6.4 Execution and Service Disruption

Market conditions and technical factors (including illiquidity, slippage, latency, outages, or other disruptions) may prevent you from placing, adjusting, or closing positions when you want. You are responsible for the orders you submit, including mistaken orders that may execute. Transactions processed by blockchain networks are irreversible. Yield.xyz assumes no liability for errors or omissions made during transaction confirmations on blockchain networks, including accidental transmissions or incorrect wallet interactions.

6.5 Legal, Regulatory and Security Considerations

Rules and restrictions may change and can affect availability or permissibility of the Service’s features. You are responsible for securing your wallet, devices, and credentials and approvals; unauthorized access may result in loss. You are solely responsible for securing your private keys, wallet credentials, and other sensitive information related to your interaction with the Service or, through it, blockchain networks and DeFi platforms. Yield.xyz shall have no liability for any loss, damage, or unauthorized access resulting from your failure to secure such credentials.

6.6 Risks Acknowledged

You expressly understand and agree that you are solely responsible for evaluating and accepting the risks involved in using the Service, as well as the risks associated with Digital Assets and decentralized systems generally, including, but not limited to:

(a) the inherent high market volatility of Digital Assets (rapid and unpredictable price movements), which may result in sudden and substantial losses in value;

(b) the risks of using Digital Assets due to both features of such assets and the potential unauthorized acts of third parties, including hacking, phishing, fraud, or cyberattacks;

(d) the potential loss of tokens or other assets due to network failures, errors in any code or algorithm, or factors beyond Yield.xyz’s control;

(e) incorrect information, including any displayed token values or transaction details;

(f) failures, unavailability, disuse, or discontinuation of blockchain networks or protocols, including following forks, congestion, or malicious attacks;

(g) corrupted wallet files or wallet incompatibilities;

(h) unauthorized access to wallets or accounts, including losses caused by compromised private keys;

(i) errors or inaccuracies in the Service or its underlying software;

(j) failures of, or actions by, third-party systems, services, or applications you rely on to use the Service or interact with blockchain networks or DeFi platforms;

(k) slippage or market inefficiencies when executing trades;

(l) any malfunction or failure of blockchain networks, DeFi platforms, or their decentralized validators;

(m) regulatory actions or legal uncertainties affecting the availability or use of blockchain networks, DeFi platforms, or related assets;

(n) failures or inaccuracies in cross-chain bridges, oracles, or liquidity pools;

(o) code vulnerabilities, including potential hacks or exploits;

(p) significant slippage or other market risks arising from perpetual futures trading;

(q) the risks of trading with leverage (amplified gains and losses from borrowed capital), which may lead to immediate and significant losses, including the liquidation of your positions (automatic closure of positions if margin requirements are not met);

(r) potential regulatory or legal issues affecting blockchain transactions or their enforceability;

(s) coding errors, failures, vulnerabilities or exploits;

(t) network delays, disruptions, forks or unexpected outcomes resulting from decentralized governance or protocol upgrades;

(u) volatility, illiquidity (difficulty entering or exiting positions at desired prices), or total loss of Digital Assets, especially when engaging in leveraged or perpetual futures trading;

(v) market manipulation, slippage, or other inefficiencies;

(w) liquidation risks due to the use of leverage or adverse market movements;

(x) unauthorized access, fraud, phishing or other malicious acts by third-parties;

(y) periodic payments between long and short positions that may erode returns;

(z) risks associated with the trading platform itself, including downtime or operational failures); and

(aa) incomplete documentation (limited information regarding market terms or deployer practices).

You agree that you will have no recourse against anyone else for any losses due to your use of the Service.

6.7 Technological Risks

You acknowledge that the Service and blockchain networks may be subject to, but not limited to, system failures, delays, or network issues that may prevent or disrupt your ability to stake, trade, or otherwise use the Service. Yield.xyz bears no liability for such technical issues.

7. No Advice

7.1 No Financial, Investment, Legal, or Tax Advice

Yield.xyz does not provide investment, legal, or tax advice. The information, signals, or strategies provided through the Service are for informational and educational purposes only. Any information is general in nature and not a recommendation or solicitation. They do not constitute financial, investment, legal, or tax advice. You should consult with a professional advisor to determine what may be best for your individual needs. Your use of the Service’s features is at your discretion and you assume responsibility for resulting outcomes.

7.2 No Evaluation or Monitoring

Yield.xyz does not evaluate or monitor the suitability of staking, trading, DeFi, or other activities for users or provide any advice on the consequences of interacting with decentralized financial systems, including perpetual futures trading. You should not take, or refrain from taking, any action based on any information contained in the Service, or any other information that Yield.xyz may make available at any time.

7.3 Verify Information

Any content, information, or data made available through the Service may be incomplete, outdated, or subject to other inaccuracies. You are solely responsible for verifying the accuracy and relevance of such information before making any decisions or taking any action.

7.4 Seek Independent Advice

Before you make any financial, legal, technical, operational, or other decisions involving the Service, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.

7.5 No Fiduciary Relationship

Nothing in these Terms, or provided by the Service, establishes a fiduciary, advisory, or client relationship between Yield.xyz and any user. Yield.xyz explicitly disclaims any duty to provide advice, updates, or corrections to information accessed through the Service. These Terms are not intended to, and do not, create or impose any fiduciary duties on Yield.xyz. To the fullest extent permitted by law, you acknowledge and agree that Yield.xyz owes no fiduciary duties or liabilities to you or any other party based on your use of the Service. To the extent that any such duties or liabilities may exist at law or in equity, you hereby irrevocably disclaim, waive, and eliminate such duties and liabilities.

7.6 Tax Obligations

You acknowledge and agree that you are solely responsible for determining, reporting, and paying any taxes applicable to your use of the Service. Yield.xyz makes no representations regarding your tax obligations and strongly recommends consulting with a qualified tax advisor to ensure compliance with all applicable laws.

8. Voluntary Participation and Liability

By using the Service, you acknowledge that you are solely responsible for your staking, trading, DeFi, and other decisions and results. Yield.xyz is not liable for any losses, damages, or costs incurred, including but not limited to loss of capital, profits, or data.

9. User Representations and Warranties

By using the Service, you represent and warrant that:

(a) all Digital Assets you use are legally obtained and under your sole control;

(b) you have read, understood, and agreed to be bound by these Terms and are not a minor;

(c) you are financially and technically sophisticated such that you understand the inherent risks associated with using cryptographic and blockchain-based systems;

(d) your access to and use of the Service complies with applicable laws and regulations in your jurisdiction; and

(e) you agree that the only duties and obligations Yield.xyz owes you are those set out expressly in these Terms.

10. Termination of Use

Yield.xyz reserves the right to terminate your access and use to the Service at our sole discretion. Without notice to you, Yield.xyz reserves the right to suspend or terminate your participation in any feature of the Service in its sole discretion, including, but not limited to, cases where Yield.xyz determines or suspects that your use of the Service is unauthorized, deceptive, fraudulent or unlawful; intentionally subverts the purposes of the Service; or would require suspension or termination to comply with applicable laws, regulations or legal orders.

11. Fees

Yield.xyz may charge fees for certain services. We reserve the right to make changes to the fee amount at our discretion. We will disclose the amount of fees that we will charge you for the applicable services when you access the services.

12. Taxes and Withholdings

You are responsible for paying all taxes, assessments, charges, fees, and levies that may be levied or based upon your use of the Service, and any interest, fines, and penalties with respect thereto, imposed by any governmental authority. If Yield.xyz has the legal obligation to pay or collect taxes for which you are responsible under this clause, the appropriate amount shall be invoiced to and paid by you, unless you provide Yield.xyz with a valid tax exemption certificate authorized by the appropriate taxing authority.

13. Disclaimer of Warranties

13.1 Use at Your Own Risk

USE OF THE SERVICE IS AT YOUR SOLE RISK. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT, AND ANYTHING OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. The Service is provided on an “as is” and “as available” basis without warranties of any kind, either express, implied, statutory, or otherwise, including, but not limited to, warranties of merchantability, title, fitness for a particular purpose, non-infringement, accuracy, completeness, reliability, security, or timeliness.

13.2 No Representations or Warranties

NEITHER YIELD.XYZ NOR ANY PERSON ASSOCIATED WITH YIELD.XYZ MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER YIELD.XYZ NOR ANYONE ASSOCIATED WITH YIELD.XYZ REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

To the fullest extent permitted by law, Yield.xyz makes no representations or warranties that access to the Service will be continuous, uninterrupted, or error-free, that any defects will be corrected, or that the Service or any interaction through the Service with blockchain networks or DeFi platforms will meet your expectations or requirements. Yield.xyz does not guarantee the accuracy, completeness, or timeliness of the data provided. Past performance is not indicative of future results.

13.3 No Control Over Blockchain Networks or DeFi Platforms

Yield.xyz does not and cannot guarantee the security, performance, usability, continued functionality, or reliability of blockchain networks, DeFi platforms, their code, or any associated blockchain networks, protocols or Services. You understand that Yield.xyz is not a party to, nor does it control or facilitate, any transactions or trading activity conducted on blockchain networks or DeFi platforms.

13.4 Disclaimer of All Warranties

TO THE FULLEST EXTENT PROVIDED BY LAW, YIELD.XYZ HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, OR QUIET ENJOYMENT AND THOSE ARISING FROM COURSE OF DEALING AND USAGE OF TRADE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. Indemnification

You agree to indemnify and hold harmless Yield.xyz, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (collectively, "Indemnified Parties") from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

(a) your violation of these Terms;

(b) your use of the Service, including, but not limited to, your user contributions, any use of the Service's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service;

(d) your interaction with blockchain networks or DeFi platforms through the Service, including, but not limited to, staking activities, trading activities, leveraged positions or liquidation events;

(e) your violation of any term or condition of these Terms, the right of any third-party, or any other applicable law, rule, or regulation;

(f) your participation in any prohibited activities described in Section 5 (Acceptable Use);

(g) any other party's access to and use of the Service or, through the Service, blockchain networks or DeFi platforms, using any device or account that you own or control, whether or not caused by you;

(h) any third-party services, Services, or platforms you use in connection with the Service or blockchain networks or DeFi platforms through the Service; and

(i) any false, misleading, or fraudulent statements or omissions made by you in connection with your use of the Service, or access to blockchain networks or DeFi platforms through the Service.

If any claim or demand is brought against the Indemnified Parties arising out of your use of the Service, or through the Service, blockchain networks or DeFi platforms, you agree to provide prompt and full cooperation with Yield.xyz in defending such claims or demands, including making reasonable efforts to mitigate any potential damages. Yield.xyz will make reasonable efforts to provide notice to you of any such claim, suit, or proceeding, provided it has sufficient contact information to do so.

Yield.xyz reserves the right to assume exclusive control of the defense or settlement of any matter subject to indemnification at your expense. You agree not to settle any such matter without the prior written consent of Yield.xyz.

The parties intend for the indemnity in this Section to apply to both claims brought against you by Yield.xyz and third party claims.

15. Confidentiality

15.1 Confidential Information

The "Confidential Information" of a party (the "disclosing party") means any information (whether owned by the disclosing party or a third party) that the other party (the "recipient") learns or receives from or on behalf of the disclosing party in connection with these Terms, whether in writing, orally, or in any other form, that the recipient knows or reasonably should know is considered confidential or proprietary by the disclosing party.

A party's Confidential Information includes, but is not limited to, (a) that party's trade secrets, technical information, know-how, technology, prototypes, methods, ideas, data, cost information, client information, financial information, supplier and customer identities and lists, and business and marketing plans, and (b) any copies, extracts, analyses, compilations, forecasts, studies or other documents containing or reflecting that party's Confidential Information that are prepared by, on behalf of, or in cooperation with the other party. Yield.xyz's Confidential Information includes but is not limited to the Service, subject to the rights and permissions granted to you under these Terms.

15.2 Confidentiality and Non-Disclosure

The recipient acknowledges that the disclosing party's Confidential Information is an asset of considerable value, and that disclosure of that Confidential Information to third parties would be damaging. The recipient will: (a) keep the disclosing party's Confidential Information confidential and use it solely for the purposes of exercising its rights and performing its obligations under these Terms; (b) not directly, or indirectly, without authorization, reveal, report, publish, disclose or transfer the disclosing party's Confidential Information to any third party except as expressly authorized under these Terms or otherwise in writing by the disclosing party; (c) use procedures constituting a high degree of care to maintain the security of the disclosing party's Confidential Information, but in no event less than a reasonable standard of care under the circumstances; and (d) disclose the disclosing party's Confidential Information to the recipient's employees, consultants and subcontractors solely as permitted under these Terms, and in any case only on a need-to-know basis as required in connection with recipient's performance of its duties and exercise of its rights under these Terms.

15.3 Required Disclosures

If the recipient is required by law, legal process, or court order to disclose any of the disclosing party's Confidential Information, the recipient will: (a) notify the disclosing party in writing as soon as possible, but in no event less than ten days prior to any required disclosure; (b) cooperate with the disclosing party to preserve the confidentiality of its Confidential Information consistent with applicable law; and (c) limit any disclosure to the minimum disclosure necessary to comply with the applicable law, legal process, or court order.

15.4 Return of Confidential Information

Subject to your rights in previously acquired Confidential Information in accordance with the Termination clause, the recipient shall return or destroy the disclosing party's Confidential Information within 20 days after the effective date of termination of these Terms. The recipient will not be required to search archived electronic files for the disclosing party's Confidential Information in order to purge that information from its files. The recipient may retain copies of the disclosing party's Confidential Information as necessary to comply with applicable laws, the recipient's written document retention or information governance policies, or any applicable professional standard.

16. Limitation of Liability

16.1 No Liability for Consequential and Certain Other Damages

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL YIELD.XYZ, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY SERVICES LINKED TO IT, ANY CONTENT ON THE SERVICE, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

Under no circumstances shall Yield.xyz or any of its officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible property, arising out of or relating to any access or use of the Service, or your interaction with blockchain networks or DeFi platforms through the Service, or participation in any staking, trading, or financial activity conducted via such interaction with blockchain networks or DeFi platforms, nor will Yield.xyz be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or its supporting infrastructure.

16.2 No Liability for Specific Issues

Yield.xyz assumes no liability or responsibility for any:

(a) errors, bugs, or vulnerabilities in blockchain networks or DeFi platforms, including, but not limited to, issues in code, cross-chain bridges, oracles, or perpetual futures mechanisms;

(b) errors, mistakes, or inaccuracies of content;

(d) unauthorized access or use of any secure server, database or wallet in Yield.xyz's control, or the use of any information or data stored therein;

(e) interruption or cessation of function related to the Service;

(f) bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;

(g) errors or omissions in, or loss or damage incurred as a result of the use of, any content made available through the Service;

(h) third-party actions, including fraud, phishing, or market manipulation impacting users of blockchain networks, DeFi platforms, or the Service;

(i) failures or disruptions caused by third-party services, platforms, or Services connected to the Service or blockchain networks or DeFi platforms; or

(j) unclaimed rewards, tokens, or other benefits associated with any program.

16.3 Cap on Direct Damages

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU FROM YIELD.XYZ FOR ALL DIRECT DAMAGES EXCEED THE AMOUNT OF ONE HUNDRED U.S. DOLLARS ($100.00) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTION. This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if Yield.xyz has been advised of the possibility of such liability.

16.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in these Terms may not apply to you. This limitation of liability shall apply to the fullest extent permitted by law.

17. Release of Claims

17.1 Assumption of Risk

You expressly agree that you assume all risks in connection with your access and use of the Service and your interaction with blockchain networks and DeFi platforms through the Service. These risks include, but are not limited to, risks associated with: (a) coding errors, failures, vulnerabilities or exploits; (b) network delays, disruptions, forks or unexpected outcomes resulting from decentralized governance or protocol upgrades; (c) volatility, illiquidity, or total loss of Digital Assets, especially when engaging in leveraged or perpetual futures trading; (d) market manipulation, slippage, or other inefficiencies; (e) liquidation risks due to the use of leverage or adverse market movements; (f) unauthorized access, fraud, phishing or other malicious acts by third-parties; and (g) any failure of blockchain networks, DeFi platforms, or their supporting infrastructure, including cross-chain bridges.

17.2 Release and Waiver

By using the Service, you expressly waive and release Yield.xyz from any and all liability, claims, causes of action or damages arising from or in any way relating to:

(a) your use of the Service, including any errors, delays, or interruptions in its operation;

(b) your interaction with blockchain networks or DeFi platforms through the Service, including in respect of any staking activities, trading losses, liquidation events, or other financial impact;

(c) any reliance on market data, token values, or information displayed in the Service, which may be inaccurate or delayed;

(d) third-party integrations, Services, or services utilized in connection with the Service or blockchain networks or DeFi platforms; and

(e) any regulatory, tax, or legal consequences arising from your use of the Service or participation in activities on blockchain networks or DeFi platforms through it.

17.3 Acknowledgment of Leveraged Financial Instruments

By using the Service to engage in staking, trading, or other activities on blockchain networks or DeFi platforms, you acknowledge the inherent risks associated with decentralized, leveraged financial instruments and waive any recourse against Yield.xyz for any losses or damages incurred.

18. Dispute Resolution – Arbitration Agreement & Class Action Waiver

This Arbitration Agreement facilitates the prompt and efficient resolution of any Disputes (defined below) that may arise between you and Yield.xyz. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial.

Please read this Arbitration Agreement carefully. It provides that all disputes between you and Yield.xyz shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this Arbitration Agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney's fees, if otherwise authorized by applicable law).

For the purpose of this Arbitration Agreement, "Yield.xyz" means Walkers Corporate (Bermuda) Ltd. dba Yield xyz, together with its affiliates, and each of their respective officers, directors, employees, and agents. The term "Dispute" means any dispute, claim, or controversy between you and Yield.xyz arising out of or relating to any aspect of your relationship with Yield.xyz, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced.

YIELD.XYZ AND YOU EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.

Limitation of Procedural Rights. You understand and agree that, by entering into this Arbitration Agreement, you and Yield.xyz are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and Yield.xyz might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). You give up those rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator's decision is much more limited than in court, and in general an arbitrator's decision may not be appealed for errors of fact or law.

Exclusions from Arbitration/Right to Opt Out. Notwithstanding the above, you or Yield.xyz may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute is initiated in and properly subject to the jurisdiction of a small claims court; or (b) YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS OF SERVICE (the "Opt Out Deadline"). You may opt out by emailing written notification to [email protected]. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with Yield.xyz. You are responsible for ensuring the Yield.xyz's receipt of your opt out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt out request received after the Opt Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.

Pre-Arbitration Dispute Resolution. For all Disputes you must first give Yield.xyz an opportunity to resolve the Dispute. You must commence this process by emailing written notification to [email protected]. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If Yield.xyz does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.

Arbitration Procedures. If this Arbitration Agreement applies and the Dispute is not resolved as provided above ("Pre-Arbitration Claim Resolution") either you or Yield.xyz may initiate arbitration proceedings. If you are a resident of the United States, then the arbitration will be submitted to the American Arbitration Association under the AAA Commercial Arbitration Rules, or if you are a resident of any country other than the United States, then the arbitration will be submitted to the International Centre for Dispute Resolution under the ICDR International Arbitration Rules. Notwithstanding the foregoing, the arbitrator and the parties must comply with the following rules: (i) unless the parties otherwise agree, the arbitration will be conducted by video call and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties, in which case the location of the arbitration shall be New York, New York, USA; (iii) the award rendered by the arbitrator may be entered in any court of competent jurisdiction; (iv) the arbitration will be conducted by a single arbitrator; (v) the arbitration will be in English; (vi) any arbitration award or decision need not be accompanied by a written, reasoned opinion; and (vii) any arbitration award or decision is non-appealable. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a representative or class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement. Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1, et seq. ("FAA"), will govern its interpretation and enforcement and proceedings pursuant thereto.

Fees and Costs. Your responsibility to pay any filing, administrative, and arbitrator fees will be solely as set forth in the applicable arbitration provider's rules and shall be up to the amount you would be required to pay if you filed a claim in court. Any and all disputes regarding a party's obligation to pay any arbitration fees or costs shall be determined solely by the arbitrator.

WAIVER OF CLASS OR CONSOLIDATED ACTIONS. THE PARTIES AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING OR CLAIMS (SUCH AS A CLASS ACTION, REPRESENTATIVE ACTION, CONSOLIDATED ACTION OR PRIVATE ATTORNEY GENERAL ACTION) UNLESS BOTH YOU AND YIELD.XYZ SPECIFICALLY AGREE IN WRITING TO DO SO FOLLOWING INITIATION OF THE ARBITRATION. NEITHER YOU, NOR ANY OTHER USER OF THE SERVICES, CAN BE A CLASS REPRESENTATIVE, CLASS MEMBER, OR OTHERWISE PARTICIPATE IN A CLASS, REPRESENTATIVE, CONSOLIDATED OR PRIVATE ATTORNEY GENERAL PROCEEDING.

Continuation: This Arbitration Agreement shall survive the termination of these and your use of the Services.

19. Governing Law and Jurisdiction

These Terms will be governed by, and construed under, the laws of New York, without application of its conflict of laws rules. Subject to the preceding Dispute Resolution – Arbitration Agreement & Class Action Waiver clause, the parties hereby consent to the exclusive jurisdiction of, and venue in, the state and federal courts in Manhattan, New York. IF THE ARBITRATION PROVISION IN THE PRECEDING DISPUTE RESOLUTION CLAUSE IS HELD TO BE INVALID AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND YIELD.XYZ HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING REGARDING ANY LITIGATION RELATED TO THIS AGREEMENT.

20. Time Limits on Claims

No action against Yield.xyz arising from or relating to the violation of any rights pertaining to these Terms may be brought more than two years after the date on which the alleged claim arose.

21. Limitations, Restrictions, and Other Terms

Yield.xyz's determinations regarding the eligibility of any user to access or participate in features of the Service, as well as any questions or disputes arising from a user's use of the Service or any applicable rules or restrictions, shall be final and binding and not subject to challenge or appeal.

Yield.xyz is not responsible for any problems or technical malfunction of any telecommunications, Internet, or blockchain network or lines, online systems, servers, providers, equipment (including computer and networking equipment), hardware, software, or messaging platform, or as a result of technical problems or traffic congestion on the internet, any website, or any application, or any combination thereof, including, without limitation, any resulting error in computing qualifying actions or any unavailability of Service features, or any injury or damage to any participant's or any other person's computer or mobile device related to or resulting from participation in features available through the Service. If, for any reason, the Service is not capable of running as planned, including due to errors of any kind or nature, infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Yield.xyz which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Service features, Yield.xyz reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Service features or otherwise respond to the circumstances as Yield.xyz deems appropriate.

Yield.xyz reserves the right to modify, update, and/or discontinue, in whole or in part, either temporarily or permanently, any portion of the Service, any program made available through the Service, and/or any related policy, FAQ, and/or guidelines, at any time in its sole discretion and without prior notice to you. Yield.xyz shall not be liable for modifications, suspensions, or discontinuance of the Service or any features made available through the Service.

Yield.xyz has no liability for, and will be excused from performance to the extent prevented, delayed, or obstructed by, causes, reasons or circumstances beyond its reasonable control.

22. Privacy Policy

All of the information that Yield.xyz collects from its users is subject to the Yield.xyz Privacy Policy, which can be found here: Yield.xyz Privacy Policy. By using the Service, you consent to all of Yield.xyz's actions with respect to your personal information in compliance with the Yield.xyz Privacy Policy. You agree to the collection, use, storage, and disclosure of your data in accordance with Yield.xyz's privacy policy.

23. Assignment

You may not assign or transfer any of your rights or obligations under these Terms, without Yield.xyz's express prior written consent, including by operation of law or in connection with any change of control. Yield.xyz may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, with or without notice or obtaining your consent or approval. Any attempted assignment by you is void and of no effect.

24. Severability

If any provision of these Terms shall be determined to be invalid or unenforceable under any applicable rule, law, or regulation, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these Terms shall not be affected.

25. Entire Agreement

These Terms constitute the entire agreement between you and Yield.xyz and supersede any and all prior or contemporaneous written or oral agreements, communications or other understandings (if any) relating to the subject matter of these Terms.

26. Miscellaneous

The titles and headings of the various sections and paragraphs in the Terms are intended solely for convenience of reference and are not intended for any other purpose whatsoever, or to explain, modify or place any construction upon or on any of the provisions of the Terms, which shall be considered as a whole. The word "including", when used herein, is illustrative rather than exclusive and means "including, without limitation." These Terms have been prepared and executed in the English language only, which language will be controlling in all respects. Any translations of the provisions of these Terms into any other language are for reference only and will have no legal or other effect. Any notice that is required or permitted to be given by one party to the other under these Terms must be in the English language and in writing. All proceedings related to this Agreement will be conducted in the English language.

27. California Consumer Notice

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Service is provided by Omni Ltd. dba Yield.xyz, a Bermuda corporation with an incorporation address of Walkers Corporate (Bermuda) Ltd., Park Place 55, Par-la-ville Road, Hamilton HM11 Bermuda. The charges to you as the consumer imposed by Yield.xyz as the provider for use of the Service are as displayed or shown therein. If you have a question or complaint regarding the Service, please contact Customer Service at [email protected]. You may also contact Yield.xyz by writing to Omni Ltd. dba Yield.xyz at Walkers Corporate (Bermuda) Ltd., Park Place 55, Par-la-ville Road, Hamilton HM11 Bermuda. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.