Terms & Conditions

These Terms & Conditions ("Terms") govern your access to and use of the Fynd website and user interface at https://app.fynd.xyz, together with related pages, features, APIs, support channels, software, and services that link to these Terms (collectively, the "Interface").

The Interface is provided by PropellerHeads AG, Bahnhofstrasse 7, 6300 Zug, Switzerland ("PropellerHeads," "we," "us," or "our"). "You" and "your" mean the person or entity accessing or using the Interface.

For these Terms, "Fynd Router" means the open-source routing software that PropellerHeads develops and publishes, together with the router smart contracts it interacts with. The source code is public and anyone may run their own instance. PropellerHeads operates one hosted instance, which the Interface queries by default; PropellerHeads does not operate the blockchains, liquidity venues, or smart contracts that a route settles against, and does not take custody of your assets or execute transactions on your behalf. You may interact with the router smart contracts directly, run your own instance of the Fynd Router, or use the Interface as a technical access tool.

"Third-Party Services" means wallets, public blockchains, decentralized exchanges, RPC providers, bridges, data providers, liquidity sources, market makers, solvers, smart contracts, protocols, tokens, analytics providers, support tools, RPC and node providers, indexers, hosting and infrastructure providers, or other services that are not operated or controlled by PropellerHeads, even if the Interface or Fynd Router displays, links to, routes through, or depends on them.

"Fynd" means the Interface and the Fynd Router together, unless the context specifically refers only to one component. Fynd does not include Third-Party Services.

For these Terms, "PropellerHeads Parties" means PropellerHeads together with its affiliates, directors, officers, employees, contractors, contributors, licensors, service providers, and agents. Every disclaimer, exclusion, and limitation of liability in these Terms applies to each of them as it applies to us.

By accessing or using the Interface, connecting a wallet to the Interface, or otherwise interacting with us, you agree to these Terms. If you do not agree, do not use or access the Interface.

Other terms outside of these Terms may apply to you (such as the terms of Third-Party Services) if you use and access other websites linked on the Interface. Such other terms apply separately or in addition to these Terms (vis-à-vis the respective third parties). We are not responsible or liable for any aspect of, or for any damages arising out of or related to, any products or services provided by third parties.

1. Beta Version

The Interface and the Fynd Router are in Beta. The Interface gives you access to a beta version of the Fynd Router. The beta versions of both products are not final and may contain bugs, defects, logic errors, vulnerabilities, and other unforeseen risks (for example, incorrect displays, delayed or failed orders, unexpected behavior, and other errors). Features and functions of the Interface and/or the Fynd Router may change, break, become unavailable, fail, or behave unpredictably at any time. Data loss or corruption may occur, including loss of your digital assets that interact with the Fynd Router.

By accessing or interacting with the Interface or the Fynd Router, you acknowledge that you are using non-final software without warranties of any kind, and you accept that you do so at your own risk.

2. Interface Features

2.1 Overview

The Interface serves as a graphical user interface that provides an easy way to access and interact with the Fynd Router for digital asset transactions.

In particular, the Interface allows you to:

• request a quote from the Fynd Router by selecting the digital assets and the quantity you wish to trade (a quote is a proposed route for swapping one digital asset for another, together with the expected amount received);
• review how a quote would be executed, including the venues it routes through, the estimated gas, the price impact, and the slippage tolerance you set; and
• grant the token approvals a swap requires, and sign and submit the resulting swap transaction from your own Wallet.

We may modify, replace, restrict, suspend, or discontinue the Interface at any time and at our sole discretion. We may, but are not obligated to, provide advance notice of any such discontinuation through the Interface or other appropriate means. We shall not be liable for any losses or disadvantages resulting from the discontinuation or unavailability of the Interface.

The discontinuation of the Interface does not affect the existence, validity, or continued operation of the Fynd Router. You remain able to interact directly with the Fynd Router independently of the Interface.

By making the Interface available to you, we are not acting as a broker, custodian, bank, money transmitter, financial service provider, financial or investment adviser, portfolio manager, securities exchange, commodities exchange, or fund manager.

2.2 Connecting Your Wallet to the Interface

In order to use the Interface, you must first connect your externally owned account ("EOA" or "Wallet") to the Interface. EOAs store and manage the private keys to the blockchain addresses that were created with the EOA or manually imported into it. As these EOAs store the private keys required to sign transactions on-chain, they can be used to execute transactions and publish them to the underlying blockchain networks.

When you connect your EOA, the Interface will ask for permission to send Sign Requests (as defined below) to it. During this process, your EOA will show the blockchain addresses managed by your EOA that can be connected to the Interface. You can modify these permissions at any time in the settings of the EOA. Please note that you can only interact with blockchain addresses that are both managed by the EOA and connected to the Interface.

The use of EOAs is subject to the terms and conditions of the respective provider. PropellerHeads has no control over the blockchain addresses that are managed by your EOA and connected to the Interface, and no ability to access any assets that are held in them. You are solely responsible for the security of the EOA as well as the corresponding private keys and passwords. We do not assume any responsibility for the connected EOAs, regardless of whether or not they are used to effectuate transactions, and shall not be liable for any damages arising out of or related to your use of the EOA or your inability to connect or use the EOA to execute transactions.

2.3 Sign Requests

Once you have connected your EOA to the Interface, you can use the Interface to initiate transactions from your blockchain address by generating standardized transaction messages ("Sign Requests"). Sign Requests that are generated on the Interface are sent to the connected EOA for signature. To complete the transaction, you must approve the Sign Request by signing the transaction with the connected EOA. The EOA will then publish your signed Sign Request on the underlying blockchain network, display whether the transaction was successful, and inform you once it is finalized.

Transactions that are signed with your EOA are executed on the underlying blockchain network without any involvement of PropellerHeads. The Interface does not execute transactions on your behalf and does not control the execution of transactions initiated by you. You are fully responsible for all inputs you make while using the Interface. You must review and understand every Sign Request before signature.

We do not guarantee that any order or transaction will be submitted, included, matched, settled, cancelled, or executed at any particular price, amount, time, or result.

2.4 Display of Information

When you visit the Interface, the Interface will display various publicly available information that is related to the Fynd Router, such as the following ("Information"):

• settled transactions on the Fynd Router (also publicly viewable via block explorers such as Etherscan);
• the token balances of a connected wallet (also publicly viewable via block explorers);
• the price of digital assets;
• the liquidity pools that have been created and the liquidity available in them (recorded on-chain); and
• transaction history (publicly available on-chain).

The Information is automatically sourced from nodes of the underlying networks via application programming interfaces (APIs) and displayed for informational purposes only. We do not assume any responsibility for the accuracy, completeness, or actuality of the Information, and shall not be liable for any claims or damages related to errors, inaccuracies, or delays in the display of the Information, or any decisions, transactions, acts, or omissions that you make in reliance on it.

3. What We Operate, and What We Do Not

PropellerHeads operates the Interface and one hosted instance of the Fynd Router, which returns route quotes. A quote is a suggestion. It is not an offer, not advice, and not a guarantee that a route can be executed at the quoted terms.

PropellerHeads does not operate or control the blockchains, liquidity venues, smart contracts, or wallets that a route settles against. When you execute a swap you transact directly with those systems and with other users of them, not with PropellerHeads. We cannot reverse, cancel, or modify a transaction once it is submitted, and we do not take custody of your digital assets at any point.

Because the Fynd Router is open source, you may run your own instance instead of the hosted one. These Terms govern the Interface and the hosted instance that PropellerHeads provides. They do not govern an instance you or a third party runs, which is governed by the licence published with the source code, if any. We are not responsible for any instance we do not operate, for any modification made to it, or for anything that results from its use.

4. Eligibility and Restricted Access

By using and/or accessing the Interface, you confirm that:

• you have the right, authority, legal capacity, and legal age to accept these Terms;
• if you access or use the Interface on behalf of a legal entity, you have authority to bind that entity to these Terms;
• you are legally permitted to use the Interface and the Fynd Router;
• you are not accessing or using the Interface from, located in, organized in, resident in, or acting for a person in a restricted jurisdiction, including without limitation Belarus, Burundi, Central African Republic, Congo, DPRK (North Korea), Guinea, Guinea-Bissau, Iran, Iraq, Lebanon, Libya, Mali, Myanmar (Burma), Republic of South Sudan, Russia, Somalia, Sudan, Syria, the Crimea, Donetsk, Luhansk, Zaporizhzhia and Kherson regions of Ukraine, Venezuela, Yemen, or Zimbabwe, or any jurisdiction subject to sanctions or embargoes administered or enforced by Switzerland, the United States, the United Kingdom, the European Union, the United Nations, or any other relevant sanctions authority;
• you are not listed on, owned by, controlled by, or acting for any person listed on a sanctions, denied-persons, blocked-persons, or restricted-party list;
• you will not access or use the Interface or interact with the Fynd Router if the laws of your countries of residency and/or citizenship prohibit you from doing so in accordance with these Terms; and
• you will not misrepresent your location, eligibility, identity, authority, or affiliation, or use any tool or method to evade restrictions.

We may restrict, block, geoblock, suspend, or terminate access where required by law, sanctions requirements, these Terms, or our risk policies.

5. Your Representations, Warranties, and Acknowledgments

You represent and warrant to us the following, and acknowledge that we are relying on these representations and warranties:

• you understand digital assets, blockchains, smart contracts, DeFi protocols, signed orders, approvals, permits, and liquidity risks well enough to judge the consequences of using the Interface;
• you have sufficient technical knowledge and experience with beta software systems to evaluate the risks associated with using such beta software;
• you have such knowledge and experience in financial and business matters that you can evaluate the merits and risks of using and accessing the Fynd Router, and decide whether any transaction or liquidity action is appropriate for you;
• it is your responsibility to verify tokens, token contracts, amounts, prices, spreads, slippage, deadlines, gas fees, network fees, and transaction details;
• you understand that the use of the Fynd Router may be subject to payment of fees (gas fees, protocol fees, liquidity provider fees, solver fees, etc.);
• you understand that it remains your sole responsibility to safeguard your wallet and credentials;
• you understand and accept that you have not relied on any representations or warranties made by us or any other person outside of those made in these Terms, including but not limited to conversations of any kind, whether through oral or electronic communication, or any presentation, technical paper, white paper, social media content, or website posting;
• you are solely responsible for obtaining tax advice and complying with all applicable tax laws in any jurisdiction; and
• you (i) are familiar with all related regulations in the specific jurisdiction in which you are based, and using Fynd in that jurisdiction is not prohibited, restricted, or subject to additional conditions of any kind; (ii) acknowledge that no governmental authority has examined or approved the information provided by us or any other material in connection with Fynd; (iii) confirm that the distribution or dissemination of any information on the Interface to you, any part or copy of it, or any use of the Interface or the Fynd Router by you, is not prohibited or restricted by the applicable laws, regulations, or rules in your jurisdiction, and where any restrictions in relation to possession are applicable, you have observed and complied with all such restrictions at your own expense and risk without liability to us; and (iv) shall ensure that no obligations are imposed on us in any such jurisdiction as a result of any of the actions taken by you in the preceding sub-clause.

6. Risks

Using the Interface, the Fynd Router, Third-Party Services, and interacting with digital assets involves significant risk. You may lose some or all of your digital assets. In particular, you understand, accept, and assume the following risks (non-exhaustive list):

• Beta software bugs, incomplete features, incorrect displays, or unexpected behavior;
• smart contract vulnerabilities, implementation errors, or audit limitations;
• failed, delayed, reverted, expired, cancelled, or incorrectly displayed orders;
• misuse, compromise, replay, expiration, or incorrect handling of signed orders, approvals, permits, Permit2 signatures, or authorizations;
• market volatility, slippage, price impact, liquidity shortages, impermanent loss, and unfavorable execution;
• oracle, pricing, routing, token-list, token-decimal, or market-data errors;
• failures or actions of liquidity providers, market makers, solvers, RPC providers, wallets, validators, sequencers, bridges, exchanges, protocols, or other Third-Party Services;
• solver behavior, MEV, front-running, censorship, failed matching, or unfavorable routing;
• blockchain congestion, downtime, forks, reorgs, validator failures, sequencer failures, or gas-price spikes;
• front-end compromise, DNS compromise, malware, phishing, malicious contracts, malicious tokens, or browser-extension attacks;
• regulatory, sanctions, tax, or legal risk; and
• user error.

Despite best efforts to enhance security, the Interface may be vulnerable to cyberattacks. Malicious actors may exploit software vulnerabilities, attack domain registrars, or gain unauthorized access to the Interface. Risks include hacking attempts targeting the Interface, domain hijacking, phishing attacks, malware infections, and other forms of cybercrime. These events may result in users signing malicious Sign Requests and may therefore lead to the theft, loss, or unauthorized transfer of digital assets. Security reviews, audits, operational controls, and bug bounty programs may reduce these risks, but they do not eliminate them.

7. Fees and Costs

You shall bear all costs and fees associated with interactions with the Interface and/or the Fynd Router. Such fees may include gas fees, network fees, protocol fees, interface fees, liquidity fees, spreads, taxes, and other costs associated with your use of the Interface and of the Fynd Router.

Fees and cost estimates as indicated by the Interface may change before execution.

8. Taxes

You must bear and pay any taxes, fees, or charges arising from your use of and access to the Interface and the Fynd Router, including withholding tax, VAT, and income tax. You agree to indemnify and hold us harmless from any liability resulting from your failure to do so.

Any fees paid to us, if any, exclude VAT. We may, at our discretion, determine if VAT applies and add it to the fees paid to us.

9. Prohibited Activity

You must not use the Interface and the Fynd Router to:

• violate any law, regulation, sanctions requirement, or third-party right;
• conduct, facilitate, or disguise money laundering, terrorist financing, fraud, market manipulation, wash trading, sanctions evasion, or other illegal activity;
• trade, transfer, or receive assets derived from unlawful activity;
• infringe intellectual property, privacy, publicity, or other rights;
• interfere with, exploit, attack, disrupt, scrape, reverse engineer, or compromise the Interface, Fynd Router, smart contracts, APIs, or infrastructure;
• introduce malware, malicious code, corrupted data, or harmful requests;
• misrepresent your location, eligibility, identity, authority, or affiliation; or
• use Fynd in any way that creates legal, regulatory, security, operational, or reputational risk.

10. Third-Party Services

The Interface and Fynd Router may display, link to, route through, or depend on Third-Party Services.

We do not control Third-Party Services and are not responsible for their content, accuracy, availability, security, privacy practices, acts, omissions, or failures.

11. Intellectual Property

You are only entitled to the rights of use defined in these Terms. All other rights, in particular intellectual property rights (such as copyrights, trademarks, designs, and patents, in each case whether registered or not), as well as all other rights that are not expressly granted to you hereunder (in particular, regarding the Interface), shall remain exclusively with us. The Interface contains information, ideas, concepts, and processes, in particular with regard to the processing of data for particular applications, which are our sole property.

Source code that we publish is licensed only on the terms of the licence published with it. Where no licence is published with it, no rights in it are granted to you and all rights are reserved. Except as such a licence permits, you must not copy, modify, distribute, sell, lease, reverse engineer, create derivative works from, or otherwise exploit the Interface, the Fynd Router, or related content without our prior written permission.

If you submit feedback, suggestions, bug reports, ideas, or comments, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or compensation.

12. Privacy

The Fynd Privacy Notice explains how we collect, process, disclose, and retain your personal data.

You understand that public blockchains are transparent and may be permanent. On-chain information may not be editable or erasable by us.

13. No Warranties

The Interface is made available to you by the PropellerHeads Parties on an "as-is" and "as-available" basis. The Interface and its individual components may contain bugs, defects, or errors. We make no representations or warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, security, accuracy, reliability, and error-free operation.

We make no representations or warranties with respect to the Fynd Router or Third-Party Services. We do not warrant or represent that the Fynd Router, the Third-Party Services, or any content accessible via the Interface will be uninterrupted, secure, bug-free, accurate, complete, current, or suitable for your needs.

The router smart contracts operate autonomously and are not controlled by us. As with other blockchain-based smart contracts, they may contain vulnerabilities, unforeseen bugs, or logic errors. Malicious actors may exploit such vulnerabilities and conduct attacks targeting the Fynd Router, the router smart contracts, or the venues a route settles against, as well as phishing attacks, malware infections, and other forms of cybercrime. These events may result in the theft, loss, or unauthorized transfer of digital assets.

14. Limitation of Liability

PLEASE READ THIS SECTION CAREFULLY. THESE PROVISIONS LIMIT THE SCOPE OF OUR LIABILITY IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED UNDER THESE TERMS.

Our liability is limited to direct damages arising out of acts of intent and gross negligence. Any liability for indirect or consequential damages, including loss of profit, and/or damages arising from negligent conduct, and/or arising from acts or omissions procured by our service providers, is expressly excluded to the maximum extent permitted by applicable law.

We disclaim all responsibility for the Fynd Router as well as the Third-Party Services, their use, and any interactions with the underlying blockchain networks. We shall not be liable for any damages arising from or related to these matters.

To the maximum extent permitted by applicable law, the aggregate liability of the PropellerHeads Parties arising out of or relating to these Terms, the Interface, or the Fynd Router shall not exceed the greater of (a) the amount of fees you paid us in the twelve months before the event giving rise to the claim, and (b) CHF 100. This cap applies however the claim arises, and applies to all claims taken together rather than to each claim separately.

Any claim arising out of or relating to these Terms, the Interface, or the Fynd Router must be brought within twelve months of the date on which you first knew, or reasonably should have known, of the facts giving rise to it. After that period the claim is barred, except where mandatory law provides otherwise.

15. Indemnification

You agree to defend, indemnify, and hold harmless the PropellerHeads Parties from and against claims, damages, losses, liabilities, costs, and expenses arising out of or relating to your use of Fynd, your wallet activity, your violation of these Terms, your violation of law, or your violation of third-party rights.

We will notify you of any claim covered by this section without undue delay, and you may assume its defence with counsel we reasonably approve. You must not settle a claim in a way that imposes any obligation or admission on us without our prior written consent. Our failure to notify you promptly does not relieve you of your obligations except to the extent the delay actually prejudices your defence.

16. Changes

We reserve the right to modify these Terms at any time at our sole discretion. We will give notice by changing the "last updated" date above, and where the change is material the Interface will ask you to accept the revised Terms before you next connect a wallet.

Your continued use of the Interface after an update means you accept the updated Terms. If you do not agree, stop using the Interface.

17. Miscellaneous

17.1 Independent Contractors

These Terms do not create a principal-or-agent, employer-or-employee, partnership, joint venture, or any other relationship except that of independent contractors between the parties. Nothing contained herein shall be construed to create or imply a joint venture, principal and agent, employer or employee, simple partnership, or any other relationship except that of independent contractors between the parties, and neither party shall have any right, power, or authority to create any obligation, express or implied, on behalf of the other in connection with the performance hereunder.

17.2 Assignments and Transfers

These Terms, including any rights and obligations contained herein, cannot be assigned or transferred by you in whole or in part without our previous written consent. Any assignment or transfer that does not conform with this provision shall be void.

We are entitled to assign or transfer these Terms in whole or in part to any other entity. You hereby expressly acknowledge and agree to such assignment and assumption and, if the Terms are assigned by us, release us from any and all obligations or other duties arising out of these Terms.

17.3 Severability

If any provision of these Terms should be invalid in any jurisdiction under applicable law, the legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. In such an event, the parties commit themselves to compose a legally valid replacement rule which approaches the invalid provision as closely as possible within the economic intent of these Terms. These Terms will be interpreted as though the invalid clause had been omitted from the outset.

17.4 No Waiver

If any party to these Terms waives the enforcement or exercise of its contractual right in a particular case, this may not be considered a general waiver of the respective right or any other contractual right, or of the exercise and enforcement thereof.

17.5 Survival

Sections 3, 5 to 15, 17, and 18 survive any termination of these Terms or of your use of the Interface, together with any other provision that by its nature is intended to survive.

17.6 Entire Agreement

These Terms, together with the Privacy Notice, are the entire agreement between you and us about the Interface, and replace any earlier understanding, representation, or statement about it, whether spoken or written.

17.7 Events Outside Our Control

We are not liable for any failure or delay caused by events beyond our reasonable control, including blockchain congestion, forks, reorganisations, outages of RPC providers, node providers, hosting providers, or other Third-Party Services, denial-of-service and other attacks, changes in law, and acts of government.

18. Governing Law and Disputes

These Terms, and any dispute, claim, or controversy arising out of or relating to these Terms, are governed by Swiss law, without regard to conflict-of-law rules.

The ordinary courts of Zug, Switzerland shall have exclusive jurisdiction over disputes arising out of or relating to these Terms, except where mandatory law gives you the right to bring proceedings, or requires them to be brought against you, in the courts of your place of residence.

19. Contact

Questions about these Terms may be sent to info@propellerheads.xyz or another contact address posted by PropellerHeads.