Terms of Service

Last updated: January 1, 2026

These Terms of Service, together with any documents and additional terms they expressly incorporate by reference (collectively, these “Terms”), form a legally binding agreement between XCCY Labs (together with its affiliates, “XCCY,” “we,” “us,” or “our”) and you (“you” or “your”).

By accessing or using our websites, applications, interfaces, smart contracts, APIs, documentation, or related services (collectively, the “Services”), you agree to be bound by these Terms, including the Dispute Resolution and Arbitration provisions in Section 18 and the Class Action Waiver.

If you do not agree to these Terms, you must not access or use the Services.

Important notice (non-custodial): XCCY does not hold or control your digital assets, your wallet, or your private keys. Transactions you initiate are executed on public blockchains and are generally irreversible.

1. About XCCY and the Services

XCCY is a technology provider that develops and publishes software interfaces that allow users to access and interact with decentralized finance protocols, including the XCCY interest rate swaps protocol (the “Protocol”).

The Services may include, without limitation:

• a web application and related interfaces available at app.xccy.finance (the “App”);

• functionality to connect a compatible wallet and view on-chain balances and positions;

• tools to create, manage, modify, close, or roll interest rate swap positions (as supported);

• informational content, dashboards, documentation, and analytics;

• transaction broadcasting requests (e.g., approvals, deposits, withdrawals, swaps, margin adjustments, and other protocol interactions); and

• additional features we may provide from time to time.

The Protocol consists of autonomous smart contracts deployed to public blockchain networks. You interact with the Protocol by signing transactions with your wallet, which are then submitted to the relevant blockchain.

2. Definitions

For purposes of these Terms:

• “Digital Assets” means cryptographic tokens or digital assets (e.g., ETH, stablecoins, ERC-20 tokens).

• “Wallet” means a compatible non-custodial wallet software or hardware solution you control.

• “Interest Rate Swap” / “IRS” means a derivative instrument that exchanges a fixed interest rate leg for a floating interest rate leg (or vice versa), as implemented by the Protocol.

• “Fixed Rate” means the fixed rate specified when opening a position.

• “Floating Rate” means the variable rate calculated per Protocol rules (which may reference on-chain rates, indices, utilization models, or other data sources).

• “Collateral” means Digital Assets posted to support margin requirements and obligations under the Protocol.

• “Oracle” means any pricing, index, rate, or data feed used by the Protocol or displayed via the Services.

• “Third-Party Services” means services not operated by XCCY, including wallets, blockchains, oracles, bridges, and third-party DeFi protocols.

If there is any conflict between a description in the App or documentation and the behavior of deployed smart contracts, the smart contract behavior controls.

3. Eligibility

3.1 Legal capacity

You represent and warrant that:

• you are at least 18 years old (or the age of majority where you reside, whichever is higher);

• you have the legal capacity to enter into a binding agreement; and

• if you use the Services on behalf of an entity, you have authority to bind that entity to these Terms.

3.2 Compliance with laws; restricted persons

You may not use the Services if doing so would violate applicable laws or regulations, including sanctions and AML/CTF laws.

You represent and warrant that you are not:

• subject to, or acting on behalf of, any person or entity subject to economic or trade sanctions; or

• located in, ordinarily resident in, or organized under the laws of any jurisdiction where your access to or use of the Services is prohibited.

XCCY may restrict access from certain jurisdictions or for certain persons as part of its compliance and risk management efforts, but you remain solely responsible for ensuring your use of the Services is lawful.

3.3 No reliance on access availability

Availability of the Services in any location does not constitute a representation that the Services are lawful there.

4. Privacy

Our Privacy Policy describes how we process information and is available at: https://docs.xccy.finance/legal/privacy-policy (or another URL we designate).

By using the Services, you agree that we may process information in accordance with the Privacy Policy.

5. Changes to Terms or Services

We may update these Terms at any time by posting a revised version and updating the “Last updated” date. Changes are effective upon posting unless otherwise stated.

We may modify, suspend, discontinue, or restrict any part of the Services at any time, including limiting supported blockchains, assets, features, or Protocol access.

6. Wallets; Security; Non-Custodial Use

6.1 Wallet connection

To use the Services, you must connect a compatible Wallet. When you connect your Wallet, the Services may read public on-chain information (e.g., balances, positions) and request that you sign transactions.

6.2 No custody; no key recovery

XCCY does not custody your Digital Assets and does not have access to your private keys, seed phrase, recovery phrase, or wallet credentials. We cannot recover lost keys or reverse transactions.

6.3 You are responsible for your security

You are solely responsible for:

• maintaining the confidentiality and security of your Wallet and credentials;

• ensuring the security of your devices and accounts; and

• verifying all transaction details before signing.

XCCY is not responsible for losses arising from compromised credentials, phishing, malware, SIM-swap attacks, or unauthorized wallet access.

7. IRS Protocol Overview (High-Level)

The Protocol allows users to enter and manage IRS positions. Depending on Protocol design and market conditions, IRS positions may involve:

• paying fixed and receiving floating, or paying floating and receiving fixed;

• posting and maintaining collateral/margin;

• mark-to-market valuation and settlement mechanics;

• liquidation processes if collateral falls below required thresholds; and

• fees, spreads, slippage, and execution risks.

All positions and outcomes are governed by Protocol smart contracts.

8. No Advice; No Fiduciary Duty; No Intermediation

XCCY is a developer and publisher of software.

• We are not your broker, dealer, agent, intermediary, advisor, or fiduciary.

• We do not provide investment, legal, tax, accounting, or other professional advice.

• We do not execute transactions on your behalf; you initiate transactions by signing with your Wallet.

• Nothing in the Services constitutes an offer, solicitation, recommendation, endorsement, or advice to enter into any transaction.

You are solely responsible for assessing the merits, risks, suitability, and legal compliance of your actions.

9. Risks and Disclosures (You Accept These Risks)

Using the Services and the Protocol involves significant risk. You acknowledge and agree that you understand and accept the risks described below (not exhaustive):

9.1 Smart contract and protocol risk

Smart contracts may contain vulnerabilities or be exploited. An exploit or unexpected behavior could result in partial or total loss of Digital Assets or positions.

9.2 Oracle and data risks

Oracles and external data feeds may be inaccurate, delayed, manipulated, or unavailable, potentially causing incorrect pricing, margin, liquidation, settlement, or displayed information.

9.3 IRS-specific risks

IRS positions are derivatives and may be complex. Risks include:

• rapid changes in floating rates or utilization-driven rate shifts;

• basis mismatch between Protocol indices and real-world funding;

• liquidity limitations and inability to exit at desired prices;

• slippage and MEV/front-running effects on execution;

• negative or extreme rates depending on Protocol mechanics; and

• liquidation risk during volatility or congestion.

9.4 Blockchain and network risks

Networks may suffer congestion, outages, reorgs, forks, or unexpected behavior. Transactions can fail or be delayed, potentially leading to liquidation or unfavorable outcomes.

9.5 Regulatory and tax risks

Regulatory treatment of Digital Assets and derivatives varies and may change. You are responsible for understanding your compliance obligations and tax consequences.

10. Prohibited Conduct

You agree not to:

• violate any law, regulation, sanctions program, or AML/CTF rule;

• use the Services for fraud, money laundering, terrorist financing, market manipulation, or illegal gambling;

• bypass or attempt to bypass security measures, access controls, or restrictions;

• introduce malware, attempt to disrupt the Services, or reverse engineer restricted components;

• scrape or crawl the Services in a way that materially burdens infrastructure (unless expressly permitted);

• impersonate others or provide false or misleading information; or

• infringe IP or other rights.

We may investigate suspected violations and take action including suspension, restriction, or termination.

11. Fees; Network Fees; Third-Party Fees

Fees (if any) will be disclosed in the App, documentation, or at the time of use. XCCY may change fees from time to time.

You are solely responsible for:

• blockchain gas fees and network costs;

• third-party fees (e.g., wallet provider, bridge, oracle, or other protocol fees);

• slippage, price impact, and execution costs.

Unless required by law, fees are non-refundable.

12. Third-Party Services

The Services may integrate or link to Third-Party Services (including wallets, blockchains, oracles, bridges, and other protocols). XCCY does not control these Third-Party Services and is not responsible for:

• their operation, availability, security, or legality;

• their terms, privacy practices, or fees; or

• losses resulting from their failures, exploits, or actions.

Your use of Third-Party Services is at your own risk.

13. Intellectual Property

As between you and XCCY, XCCY owns the Services and related content (excluding third-party and open-source materials). Subject to these Terms, XCCY grants you a limited, revocable, non-transferable license to use the Services for their intended purposes.

XCCY names, logos, and trademarks may not be used without prior written consent.

Open-source components are governed by their applicable licenses.

14. Feedback

If you submit feedback, suggestions, or ideas, you grant XCCY a worldwide, perpetual, irrevocable, royalty-free license to use and exploit them without compensation.

15. Suspension; Termination

We may suspend, restrict, or terminate your access to the Services at any time for security, compliance, risk management, maintenance, or suspected prohibited activity.

You may stop using the Services at any time. On-chain positions may remain open until closed or settled under Protocol rules, including potential liquidation.

We are not liable for losses resulting from suspension or termination, including inability to access the interface during market movements. Where feasible, you may be able to interact with smart contracts using third-party tools.

16. Disclaimers

To the maximum extent permitted by law, the Services and Protocol are provided “AS IS” and “AS AVAILABLE”, without warranties of any kind (express, implied, or statutory), including warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

• the Services will be uninterrupted, secure, timely, or error-free;

• any displayed information (rates, utilization, valuations, risk metrics) is accurate or complete; or

• transactions will execute at any specific price or within any timeframe.

17. Limitation of Liability

To the maximum extent permitted by law, XCCY and its affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, goodwill, or data, arising out of or relating to the Services, Protocol, or these Terms.

To the maximum extent permitted by law, XCCY’s total aggregate liability for all claims arising out of or relating to the Services or these Terms will not exceed the greater of:

• USD $100, or

• the total fees paid to XCCY by you (if any) in the three (3) months prior to the event giving rise to the claim.

Some jurisdictions do not allow certain limitations; in those cases, limitations apply to the fullest extent permitted.

18. Indemnification

You agree to defend, indemnify, and hold harmless XCCY, its affiliates, and their respective directors, officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

• your use of the Services or Protocol;

• your breach of these Terms;

• your violation of any law or regulation; or

• your infringement of any rights of any third party.

19. Dispute Resolution; Arbitration; Class Action Waiver

19.1 Informal resolution first

Before starting arbitration, you agree to attempt informal resolution by sending a notice to [email protected] describing:

• your name and contact information,

• the nature and basis of the dispute, and

• the relief sought.

If the dispute is not resolved within 30 days, either party may commence arbitration.

19.2 Arbitration

Except for claims that may be brought in small claims court (if applicable) and claims seeking injunctive relief for misuse of intellectual property, any dispute arising from or related to these Terms or the Services will be resolved by final and binding arbitration.

• Arbitration forum: London Court of International Arbitration (LCIA) (or a comparable provider if LCIA is unavailable)

• Seat of arbitration: London, England

• Language: English

• Number of arbitrators: One (1)

19.3 Class action waiver

You agree that disputes will be conducted only on an individual basis. You waive any right to participate in a class action, class arbitration, collective action, private attorney general action, or representative proceeding.

19.4 Time limit

Any claim must be brought within one (1) year of when it arose, unless a longer period is required by applicable law.

19.5 Opt-out (optional)

You may opt out of arbitration by emailing [email protected] within 30 days of first accepting these Terms, stating your full name, address, and a clear intent to opt out. If you opt out, disputes will be resolved under Section 20.

20. Governing Law; Courts

These Terms and any dispute not subject to arbitration are governed by the laws of England and Wales, without regard to conflict-of-law principles.

Subject to Section 19, you agree that the courts of England and Wales will have jurisdiction over disputes not subject to arbitration (including enforcement of arbitration awards), unless mandatory local consumer protection laws require otherwise.

21. Electronic Communications

You consent to receive communications electronically (e.g., via the Services, email, or posted notices). You are responsible for keeping your contact information current.

22. Miscellaneous

• Entire agreement: These Terms constitute the entire agreement regarding the Services.

• Severability: If any provision is unenforceable, the remainder remains in effect.

• No waiver: A failure to enforce any provision is not a waiver.

• Assignment: You may not assign your rights without our consent. We may assign our rights and obligations.

• Force majeure: We are not responsible for delays or failures due to events beyond our reasonable control.

• Headings: Headings are for convenience and do not affect interpretation.

23. Contact

Support: [email protected] Legal notices: [email protected]