1.Introduction
These Terms of Service ("Terms") govern your access to and use of the websites, applications, interfaces, APIs, smart contracts, and other products and services provided by Fundable Finance and its affiliates ("Fundable," "we," "us," or "our") (collectively, the "Services").
Please read these Terms carefully.
By accessing or using the Services, creating an account, connecting a wallet, or otherwise indicating your acceptance of these Terms, you agree to be legally bound by them.
If you do not agree to these Terms, you must not access or use the Services.
If you use the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, references to "you" and "your" include both you and the entity you represent.
2.About Fundable
Fundable provides technology and payment infrastructure designed to enable users to create, manage, automate, and facilitate supported digital payment workflows.
Depending on the Services available in your jurisdiction, Fundable may provide functionality that enables users to:
- Create and manage payment instructions;
- Send and receive supported digital assets;
- Create mass or bulk payment distributions;
- Create scheduled or recurring payments;
- Create real-time payment streams;
- Manage programmable payment and distribution workflows;
- Interact with supported blockchain networks and smart contracts;
- Connect compatible third-party wallets; and
- Access digital asset-to-fiat conversion functionality through third-party providers.
The availability of specific Services may vary based on your location, applicable law, technical requirements, supported networks, and third-party service availability.
3.Eligibility
To use the Services, you represent and warrant that:
- You are at least eighteen (18) years old or have reached the age of legal majority in your jurisdiction;
- You have the legal capacity to enter into a binding agreement;
- You are not prohibited from using the Services under applicable law;
- You are not subject to applicable sanctions or restrictions that prohibit your use of the Services;
- You are not using the Services on behalf of a sanctioned person, entity, or organization; and
- Your use of the Services complies with these Terms and all applicable laws and regulations.
Fundable may restrict or deny access to the Services where reasonably necessary to comply with legal, regulatory, security, or compliance obligations.
4.Account Registration
Certain features of the Services may require you to create an account or provide information.
You agree to:
- Provide accurate, current, and complete information;
- Keep your account information reasonably up to date;
- Maintain the confidentiality and security of your login credentials;
- Notify Fundable promptly of suspected unauthorized access to your account; and
- Accept responsibility for activities performed through your account, except to the extent caused by Fundable's failure to implement reasonable security measures.
Fundable may suspend, restrict, or terminate accounts that contain false, misleading, incomplete, or fraudulent information.
5.Wallets and Private Keys
Unless expressly stated otherwise for a specific Service, Fundable does not custody, control, or manage your private keys.
Where the Services allow you to connect an external wallet:
- You are solely responsible for your private keys, seed phrases, passwords, and wallet credentials;
- Fundable cannot recover lost private keys or seed phrases;
- Fundable cannot reverse blockchain transactions solely because they were initiated using the wrong wallet, address, network, or transaction parameters; and
- You are responsible for verifying the accuracy of transaction information before approving or submitting a transaction.
6.Blockchain and Smart Contract Transactions
Certain Services may allow you to interact with public blockchain networks and smart contracts.
You understand and agree that:
- Blockchain networks are decentralized and may not be controlled by Fundable;
- Fundable does not guarantee that any blockchain transaction will be confirmed or processed;
- Transaction processing may be delayed or fail due to network congestion, outages, forks, validator activity, protocol changes, or other events outside Fundable's control;
- Transaction fees may apply;
- Transactions may be irreversible once submitted or confirmed on a blockchain network; and
- You are responsible for reviewing and approving transactions before submitting them.
Fundable does not guarantee the continued availability of any blockchain network, protocol, digital asset, wallet provider, or third-party service.
7.Digital Asset Risks
Digital assets and blockchain-based systems involve significant risks.
You acknowledge that:
- The value of digital assets may fluctuate significantly;
- Digital assets may lose some or all of their value;
- Blockchain networks may experience technical failures or security incidents;
- Smart contracts may contain vulnerabilities or errors;
- Regulatory changes may affect the availability or legality of certain Services or digital assets;
- Transactions may be irreversible; and
- Digital assets may not be protected by government deposit insurance or other similar protections.
You use the Services and interact with digital assets at your own risk.
Nothing provided through the Services constitutes investment, financial, legal, tax, accounting, or other professional advice.
You are solely responsible for obtaining independent professional advice where appropriate.
8.Payment Features
Fundable may provide tools that allow users to create payment streams, distributions, scheduled payments, mass payouts, or other payment instructions.
You are solely responsible for:
- Verifying recipient addresses and payment details;
- Confirming the amount and timing of payments;
- Ensuring that you have sufficient authorization to initiate payments;
- Ensuring that the payment does not violate applicable laws; and
- Complying with any contractual obligations associated with the payment.
Fundable is not responsible for losses resulting from incorrect recipient information provided by you.
9.Third-Party Services
Certain features of the Services may be provided by or integrated with third parties, including:
- Blockchain networks;
- Wallet providers;
- Payment service providers;
- Digital asset conversion providers;
- Banking or financial institutions;
- Identity verification providers; and
- Other technology or infrastructure providers.
Your use of third-party services may be subject to separate terms and policies.
Fundable does not control third-party services and is not responsible for their availability, performance, actions or omissions, policies or decisions, or any losses arising from your relationship with them.
Where a digital asset-to-fiat conversion or other regulated service is provided by a third-party provider, that provider may be responsible for performing applicable regulatory, compliance, KYC, AML, or transaction-monitoring activities.
10.Compliance and Verification
Fundable may request information or documentation necessary to:
- Verify your identity;
- Verify the identity of your organization or beneficial owners;
- Assess the purpose of transactions;
- Comply with applicable laws;
- Prevent fraud and financial crime; or
- Meet the requirements of our partners and service providers.
You agree to provide accurate and complete information when reasonably requested.
Fundable may suspend, delay, restrict, or terminate access to the Services where required to comply with applicable legal, regulatory, security, or compliance obligations.
11.Fees
Fundable may charge fees for certain Services.
Applicable fees will be disclosed through the relevant Service, interface, agreement, or transaction flow before or at the time they become applicable.
Blockchain network fees and third-party fees may apply independently of Fundable's fees.
Unless otherwise required by applicable law, fees paid for completed Services are non-refundable.
12.Taxes
You are solely responsible for determining and paying any taxes that may arise from your use of the Services or your transactions.
Fundable does not provide tax advice and does not guarantee the tax treatment of any transaction.
13.Acceptable Use
You must use the Services in accordance with applicable law and Fundable's Acceptable Use Policy.
You may not use the Services to engage in, facilitate, or support:
- Fraud;
- Money laundering;
- Terrorist financing;
- Sanctions evasion;
- Illegal financial activity;
- Theft or exploitation;
- Phishing or identity theft;
- Unauthorized access to systems or accounts;
- Malicious attacks against the Services;
- Illegal goods or services; or
- Any other activity prohibited by applicable law or our Acceptable Use Policy.
Fundable may investigate suspected violations and take appropriate action, including suspending or terminating access to the Services.
14.Intellectual Property
The Services, including their software, interfaces, designs, content, trademarks, logos, graphics, documentation, and technology, are owned by or licensed to Fundable and are protected by applicable intellectual property laws.
Subject to these Terms, Fundable grants you a limited, personal, non-exclusive, non-transferable, and revocable right to access and use the Services for their intended purposes.
You may not:
- Copy or reproduce the Services except as permitted by law;
- Modify or create derivative works of the Services;
- Reverse engineer or attempt to extract source code except where prohibited by applicable law;
- Sell, lease, sublicense, or commercially exploit the Services without authorization; or
- Use Fundable's intellectual property without permission.
15.Feedback
If you provide Fundable with feedback, suggestions, or recommendations regarding the Services, you grant Fundable the right to use that feedback without restriction or compensation to you.
16.Availability of Services
Fundable may modify, suspend, discontinue, or restrict all or part of the Services at any time.
We will use reasonable efforts to maintain the availability and security of the Services but do not guarantee uninterrupted, error-free, or continuous access.
The Services may be unavailable due to:
- Maintenance;
- Software updates;
- Blockchain network conditions;
- Third-party service failures;
- Security incidents;
- Force majeure events; or
- Other circumstances outside our reasonable control.
17.Suspension and Termination
Fundable may suspend, restrict, or terminate your access to the Services if:
- You violate these Terms;
- You violate applicable law;
- We reasonably suspect fraud, financial crime, or prohibited activity;
- We are required to do so by law or a competent authority;
- Continued access creates a security or legal risk; or
- We discontinue the relevant Service.
You may stop using the Services at any time.
Termination of access does not affect obligations or liabilities that arose before termination.
18.Disclaimers
FUNDABLE DOES NOT GUARANTEE THAT:
- THE SERVICES WILL ALWAYS BE AVAILABLE;
- THE SERVICES WILL BE ERROR-FREE;
- BLOCKCHAIN TRANSACTIONS WILL BE SUCCESSFULLY PROCESSED;
- DIGITAL ASSETS WILL RETAIN VALUE; OR
- THIRD-PARTY SERVICES WILL OPERATE WITHOUT INTERRUPTION.
19.Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FUNDABLE'S TOTAL LIABILITY ARISING FROM OR RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF:
- THE FEES PAID BY YOU TO FUNDABLE FOR THE RELEVANT SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
- ONE HUNDRED UNITED STATES DOLLARS (US$100).
NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
20.Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless Fundable and its affiliates, officers, employees, and service providers from claims, damages, liabilities, losses, and expenses arising from:
- Your violation of these Terms;
- Your violation of applicable law;
- Your misuse of the Services;
- Transactions initiated by you; or
- Your infringement of the rights of another person.
21.Privacy
Fundable's collection and use of personal information are governed by our Privacy Policy.
By using the Services, you acknowledge that Fundable may collect, use, store, and share information as described in the Privacy Policy and as required to provide the Services and comply with applicable law.
22.Changes to the Services and Terms
Fundable may update these Terms from time to time.
Where required by applicable law, we will provide notice of material changes.
The updated Terms will become effective on the date indicated at the top of the document or as otherwise communicated.
Your continued use of the Services after the effective date of updated Terms constitutes acceptance of the updated Terms.
23.Governing Law
These Terms and any dispute arising from or relating to them shall be governed by the laws of [Insert Governing Jurisdiction], without regard to conflict-of-law principles.
Mandatory consumer protection laws applicable in your jurisdiction may continue to apply where required by law.
24.Dispute Resolution
Before commencing formal legal proceedings, you agree to first contact Fundable and attempt to resolve the dispute informally.
If a dispute cannot be resolved informally, it shall be resolved in accordance with the laws and dispute resolution procedures applicable in the governing jurisdiction specified in these Terms.
[Insert arbitration, mediation, or court jurisdiction provisions following advice from qualified legal counsel.]
25.General Provisions
Entire Agreement
These Terms, together with the Privacy Policy, Acceptable Use Policy, and any additional terms applicable to specific Services, constitute the entire agreement between you and Fundable regarding the Services.
Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in effect.
No Waiver
Failure by Fundable to enforce any provision of these Terms does not constitute a waiver of that provision.
Assignment
You may not transfer your rights or obligations under these Terms without Fundable's prior written consent.
Fundable may assign or transfer its rights and obligations in connection with a merger, acquisition, corporate restructuring, or transfer of assets.
Force Majeure
Fundable will not be responsible for delays or failures caused by events outside its reasonable control, including natural disasters, war, civil unrest, government action, network failures, blockchain disruptions, cyberattacks, or failures of third-party infrastructure.
26.Contact Information
If you have questions regarding these Terms or the Services, please contact Fundable through the support channels available on our website or application.
Fundable Finance
- Website: https://www.fundable.finance/
- Email: legal@fundable.finance