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Terms and Conditions

These Terms of Use ("Terms") govern your access and use of the ern web-hosted user protocol (also referred the " app", "Service", "Services" or "Protocol"), located at https://www.ern.app (the "Interface"). The Services are brought to you by the ern Team ("we," "us," or "our").

You must read this Agreement carefully. By accessing or using the Interface, you acknowledge that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not permitted to access the Interface or use the Protocol.

Eligibility

To use the Interface and Services, you must have the legal capacity to enter into a binding agreement. By accessing or using the Services, you confirm that you meet this eligibility requirement. If you do not, you are not permitted to access or use the Services.

In particular, you represent and warrant that:

  • You have the full legal right, authority, and capacity to agree to and comply with these Terms, whether on your own behalf or on behalf of a company or other legal entity you represent.
  • You are not a resident of, or accessing the Services from, any jurisdiction where the use of decentralized protocols is restricted or prohibited by law.
  • Your access to and use of the Interface and Services will at all times comply with all applicable laws, regulations, and rules.
  • You will not use the Services for any unlawful or prohibited purpose.

Scope of Use

Contingent upon your ongoing compliance with the Agreement, we grant you a personal, worldwide, revocable, non-exclusive, and non-assignable license to use the software provided to you as part of our Services. The only purpose of this license is to allow you to use and enjoy the Services solely as permitted by these Terms.

Services

We provide a decentralized interface allowing users, through their self-custodial wallets, to interact with public blockchain protocols.

User custody

Users retain full control and custody over their virtual assets. It is important to understand that neither we nor any affiliated entity is a party to any transaction on the blockchain networks underlying the Protocol; we do not have possession, custody or control over any cryptoassets, or any user's funds. You understand that when you interact with the Protocol, you retain control over your virtual assets at all times.

Users use third-party self-custodial wallets to interact with the Protocol; we have no control or guarantee over the wallets. To interact with the Protocol using the Interface, you will need to connect and engage with it through your self-custodial wallet. It's essential to understand that your self-custodial wallet is provided by a third-party entity and is generally governed by separate terms and conditions set by the respective third-party service provider. These terms and conditions may involve additional fees, disclaimers, or risk warnings regarding the accuracy and reliance on the provided information.

Reviewing and comprehending the terms and conditions associated with your chosen self-custodial wallet provider to ensure compliance and to be aware of any applicable charges or risks is your sole responsibility.

Non-custodial and decentralized

Due to the non-custodial and decentralized nature of the technology, we are not intermediaries, agents, advisors, or custodians, and we do not have a fiduciary relationship or obligation to you regarding any decisions, actions, or transactions you make when using our Services. This includes, without limitation, any transactions you initiate with or through our Protocol or any other decentralized protocols, applications, or services accessible via the Services.

You are solely responsible for ensuring the accuracy, legality, and appropriateness of your interactions with any such third-party services, decentralized protocols, or smart contracts. We do not act as an intermediary, broker, agent, or fiduciary for any user or third party, and we disclaim any responsibility for the execution, settlement, or outcome of any transaction initiated by you.

Blockchain transparency

We have no information about all Protocol transactions beyond what is publicly available via the blockchain. You acknowledge that we do not have information regarding all protocol transactions beyond what is available or obtainable publicly via the blockchain. However, we may collect information regarding the users of the Services in accordance with our Privacy Policy.

Service fees

The protocol collects a 1/10 share of the yield accrued by the user. There are no upfront costs, and no fees on deposits or withdrawals. We aim to decrease the fee further as the protocol grows and generates more revenue to pay for blockchain network, infrastructure and operational costs.

Network fees

There may be associated blockchain fees. Transactions conducted via blockchain networks may be subject to various fees imposed by third parties for access to and use of such permissionless networks. These fees may include, without limitation, gas fees, which are network transaction fees paid to validators, block producers, or similar participants for the processing, validation, and confirmation of transactions on the relevant blockchain network.

Additionally, certain decentralized protocols, applications, or third-party services that you access through the Services may impose separate fees, including but not limited to swap fees, liquidity provider fees, or fees associated with fiat on-ramp and off-ramp services. To the extent a counterparty is involved, such fees are determined, levied, and collected solely by the relevant third parties.

You acknowledge and agree that certain blockchain network fees may be non-refundable in all circumstances, including but not limited to instances where a transaction is reverted, fails to execute, or is otherwise unsuccessful. You are solely responsible for understanding and bearing all costs, fees, and charges associated with your use of the Services, including those imposed by decentralized protocols, smart contracts, or third-party service providers. We make no representations, warranties, or guarantees as to the availability, accuracy, functionality, or suitability of any third-party services, fee structures, or transactions.

Third-Party Services

The Services may integrate or rely on third-party products, services, or technologies, including but not limited to:

  • Digital wallets (e.g., MetaMask, Ledger, WalletConnect);
  • Lending & Borrowing protocols (e.g., Aave, SparkLend, Compound Finance);
  • Price oracles;
  • Blockchain networks and bridges;
  • User interfaces or applications developed by independent parties.

These third-party services are not controlled, operated, or endorsed by us. Your use of them is subject to separate terms and conditions established by their respective providers. We are not liable for any third-party services or links, and make no representations or warranties about third-party services and disclaim any liability for losses arising from your use of them. You are solely responsible for reviewing, understanding, and accepting any third-party terms before use.

Assumption of Risks

You acknowledge that using the Services involves inherent risks, including but not limited to:

  • Market risk: Volatility in the price of digital assets may result in losses.
  • Technology risk: Smart contracts may contain flaws, bugs, or vulnerabilities.
  • Liquidity risk: Assets may not always be immediately subject to withdraw.
  • Counterparty risk: Interactions with other protocol users may involve default or non-fulfillment.

You further understand that digital asset markets are influenced by factors such as adoption, speculation, technological change, regulatory developments, and security incidents, all of which can lead to sudden and extreme fluctuations in value. Transaction costs and processing times on blockchain networks (e.g., Ethereum) are also unpredictable and may increase sharply.

By accessing the Services, you confirm that you have sufficient knowledge of blockchain technology and digital assets (including, but not limited to, Bitcoin (BTC), Ethereum (ETH), and ERC-20 tokens) to evaluate these risks.

You acknowledge that technologies like smart contracts, cryptographic tokens, and related blockchain-based applications remain experimental, speculative, and subject to disruption. Issues such as bugs, cyberattacks, system failures, or blockchain reorganizations (e.g., forks) could cause significant losses, including complete loss of assets. We disclaim any responsibility or liability for such risks. If you are not prepared to accept these risks, you should not use the Services.

Smart Contract Operations

All transactions conducted through the Services are executed automatically via smart contracts. By using the Services, you consent to the automated collection, processing, and distribution of digital assets in accordance with the applicable smart contract logic, which solely determines the transfer of funds and ownership of assets.

Irreversibility of Transactions

You accept that all blockchain transactions are final, irreversible, and non-refundable. The Services may be disrupted, delayed, or otherwise affected by factors including, but not limited to, cyberattacks, increased network activity, software errors, or technical failures. We have no obligation to notify you of every potential risk associated with the Services. You agree to assume these risks and not to hold us responsible for losses that may result.

Wallet Security

You are solely responsible for maintaining the security of your self-custodial wallet, including safeguarding your private keys. We do not have access to your wallet or private keys. Any unauthorized access or compromise of your wallet could result in the loss or theft of assets, and we disclaim any responsibility for such outcomes. Only the private key associated with your wallet address can control the assets you transfer to or interact with through smart contracts.

Service Availability

You acknowledge that the Services may, at times, be unavailable or disrupted due to factors beyond our control, including maintenance, technical failures, issues with blockchain infrastructure, or the unavailability of third-party providers. We make no assurance of continuous, uninterrupted, or error-free operation.

Your Responsibility

You agree that you will access and use the Services entirely at your own risk and only if such use is appropriate given your financial circumstances. You remain solely responsible for conducting your own due diligence into the risks of each transaction, as well as the underlying smart contracts and digital assets involved.

Prohibited Uses

Your access to and use of the Services is conditioned on your compliance with this Agreement, any relevant third-party policies, and all applicable laws, rules, regulations, and guidance. Use of the Services in ways that fall outside these requirements is strictly prohibited. In particular, you are not allowed to:

  • Use the Services to breach any law, regulation, sanction, or other legal obligation.
  • Engage in, encourage, or promote unlawful, fraudulent, or otherwise prohibited activities in any applicable jurisdiction.
  • Misrepresent your identity or use the Services under false pretenses, including impersonation, use of fake credentials, or other deceptive conduct.
  • Attempt to exploit, disrupt, or attack the Services, including through hacking, phishing, Sybil attacks, or other malicious behavior.
  • Use the Services for unauthorized commercial purposes, such as resale, sublicensing, operating a service bureau, or otherwise providing the Services to third parties without our express consent.
  • Copy, reproduce, or misuse any part of the Services, including by attempting to reverse engineer, disassemble, decompile, frame, or otherwise derive source code or underlying functionality.
  • Collect, scrape, harvest, or data mine content from the Services without written authorization, whether manually or through automated tools such as bots, crawlers, or spiders.
  • Interfere with other users' access or use of our Services.
  • Bypass, disable, or interfere with security measures, access controls, geofencing, usage limits, or other technical protections of the Services or of third-party systems, networks, or infrastructure connected to the Services.
  • Engage in any other behavior that undermines or circumvents the intent or purpose of these Terms, as determined at our sole discretion.

If you violate these rules, we may take appropriate action, including suspension or termination of your access to the Services. We reserve the right to investigate suspected breaches of this Agreement and to pursue enforcement, including legal action where applicable. We may also disclose information where necessary to comply with applicable laws, regulations, legal processes, or government requests.

Termination or Suspension of Access

We may, at our sole discretion and without prior notice, restrict, suspend, or terminate your access to the Interface or other non-smart contract components of the Services if we reasonably believe that:

  • You are violating or attempting to violate these Terms;
  • Your use poses a security, compliance, or reputational risk;
  • Your use of the Services exposes us to risk or liability;
  • It is not commercially viable to continue providing you with our Services.
  • You use the Services for any of the previously mentioned Prohibited Uses
  • It is required by a third-party, applicable law, or governmental authority.

Such suspension or termination does not affect the availability of the underlying smart contracts, which remain accessible on the blockchain. We shall not be liable to you for any consequences resulting from suspension or termination of access.

This Agreement is effective unless and until terminated by either you or us. You may terminate your Agreement with us at any time by ceasing all access to the Services.

Taxes

Users are responsible for their own your taxes obligations in their respective jurisdictions. We do not provide tax documentation or regulatory reporting on your behalf.

Users are fully responsible for declaring and paying any and all taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority associated with their use of the Services and/or payable as a result of using and/or using any virtual assets and interacting with smart contracts.

Users should be aware that Blockchain-based transactions are a novel concept, and their tax treatment can be uncertain or unclear.

No Professional Advice

The Services, documentation, and any communication from the Interface are for informational purposes only and should not be construed as professional advice, and does not constitute financial, investment, legal, or tax advice. You should consult qualified professionals before making any financial decisions. If unsure, before you make any financial, legal, or other decisions involving the Interface, you should seek the appropriate professional advice in your jurisdiction.

No Custody / No Fiduciary Relationship

The protocol is a decentralized protocol and does not at any point take custody of your digital assets. All assets remain under your control through your custodial wallet.

No fiduciary, broker, agent, or advisory relationship is created between you and our platform (or its developers, contributors, or affiliates) by your use of the Services. You acknowledge that you are solely responsible for all decisions regarding your assets, and that no party affiliated with our platform owes you duties of loyalty, care, or fiduciary responsibility.

Proprietary Rights

We own all intellectual property and other rights related to the Interface and its contents, including (but not limited to) software, text, images, trademarks, copyrights, and designs. Unless we expressly authorize, you may not copy, modify, adapt, rent, license, sell, publish, distribute the Interface or any of its contents.

Any smart contracts elements may be open-source and subject to separate licensing terms.

Disclaimers

The Services are provided on an "as is" and "as available" basis. Neither we, nor our affiliates, related entities, officers, directors, employees, agents, representatives, partners, or licensors, make any promises, assurances, or guarantees of any kind regarding the Services. To the fullest extent allowed by law, we disclaim all express or implied warranties and conditions, including those of merchantability, fitness for a particular purpose, and non-infringement.

Without limiting the foregoing, we do not guarantee or accept responsibility for:

  • The Services being accurate, complete, up-to-date, reliable, uninterrupted, timely, secure, or free of errors.
  • Any harm or damage arising from use of the Services.
  • The presence of harmful or malicious code that may impact the operation or performance of the Services.

Limitation of Liability.

To the maximum extent permitted under applicable law, we will not be liable to you for any loss, damage, or injury of any kind. This includes, without limitation, direct, indirect, special, incidental, exemplary, consequential, or punitive damages; damages arising from system failures or malfunctions; or losses relating to profits, data, use, business, goodwill, or other intangible interests, whether arising out of or in connection with:

  • your use of, or inability to access or use, the Services;
  • misuse of the Services, including unauthorized access;
  • the conduct of any user of the Services; or
  • suspension, restriction, or termination of your access to the Services.

Furthermore, we will not be responsible for any damages, in whole or in part, resulting from:

  • malfunction, unexpected behavior, or unintended operation of the blockchain or related networks (including wallets or virtual asset infrastructure). This includes but is not limited to risks such as network forks, replay attacks, double-spend attacks, Sybil attacks, 51% attacks, governance disputes, mining difficulty changes, cryptographic or consensus rule modifications, hacking, or other cybersecurity incidents;
  • fluctuations in the value of any virtual asset;
  • user mistakes (e.g., forgotten passwords, improperly executed smart contracts, or transaction errors);
  • server outages, data corruption, or loss;
  • changes in laws, regulations, or policies;
  • force majeure events; or
  • actions or omissions of third parties.

These limitations apply regardless of whether any other provision of these Terms has been breached or has proven unenforceable. They extend to all forms of action—whether based on contract, indemnification, tort, strict liability, statute, or any other legal or equitable theory—and regardless of whether we have been advised of the possibility of such damages.

In no circumstance will our total cumulative liability to you or any other user, across all claims and causes of action, exceed one thousand U.S. dollars (USD $1,000). We will never be required to deliver virtual currency as a remedy, provide specific performance, or offer any similar relief. If damages are calculated in reference to the value of virtual currency, both you and we agree that such value will be deemed to be the lowest market price of the relevant virtual currency between the date the claim arose and the date damages are awarded.

Some jurisdictions do not permit the exclusion or limitation of certain liabilities or warranties. Where applicable law does not allow these exclusions or limitations, our liability and obligations will be limited to the minimum extent required by law.

Indemnity

You agree to take responsibility for, and protect us against, any claims, losses, damages, liabilities, costs, or expenses (including legal fees) that arise out of or relate to:

  • Your misuse or improper use of the Services;
  • Any breach of these Terms by you;
  • Your violation of applicable laws or regulations;
  • Your infringement or violation of the rights of third parties;
  • Your reliance on or use of any third-party product, service, or website in connection with the Services;
  • Any false, misleading, or inaccurate statements or representations made by you.

If any such claim arises, we may, at our discretion, assume exclusive control of the defense and resolution of the matter, at your expense. You agree to fully cooperate with us in defending against such claims, and you will not agree to any settlement or resolution without our prior written approval.

Dispute Resolution

Before starting any legal proceeding against us, including arbitration (as described below), both you and we agree to first try to resolve any dispute, claim, or controversy arising from or relating to these Terms or the Services (each, a "Dispute") through good faith discussions. At minimum, this process requires the party raising the Dispute to provide the other party with written notice describing the issue in detail. The recipient of the notice will have thirty (30) days to respond. Within sixty (60) days of the original notice, the parties must meet and confer in good faith, either by videoconference or telephone, in an effort to reach a resolution. If the Dispute has not been resolved within ninety (90) days of the initial notice, the parties may choose to mediate the matter, or else either party may proceed to arbitration as outlined below.

If a Dispute cannot be resolved through the negotiation process described above, it will be settled by binding arbitration in accordance with the International Arbitration Rules of the International Centre for Dispute Resolution. The arbitration will take place in the Cayman Islands, and the proceedings will be conducted in English. The arbitrator(s) must have experience in matters involving internet technologies, software, financial transactions, and, preferably, blockchain systems. Any award of damages must be consistent with the "Limitation of Liability" section of these Terms, including restrictions on the types and amounts of damages available.

The prevailing party in any arbitration will be entitled to recover reasonable legal fees and related costs. Except where disclosure is required by law, neither party nor their representatives may reveal the existence, details, or outcome of any arbitration conducted under this agreement without prior written consent of both parties.

Waiver of Equitable Remedies

To the fullest extent allowed by law, you agree that you will not seek injunctive or other equitable remedies that could restrict, delay, or interfere with the operation, development, or use of the Services, or with any other website, application, content, submission, product, service, or intellectual property owned, licensed, operated, or controlled by us or any indemnified party.

Severability

If any provision of the Agreement (including these Terms) is determined to be unenforceable, unlawful or otherwise void in your particular jurisdiction, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Agreement. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Governing Law

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Cayman Islands. All disputes arising out of or in connection with this Agreement, including disputes on its conclusion, binding effect, amendment and termination, shall be resolved by the laws of the Cayman Islands.

Governing Language

These Terms may be translated into other languages for convenience. In the event of any inconsistency or conflict between the English version and a translated version, the English version shall prevail.

Amendments or Updates

We reserve the right to update or change these Terms with a newer amended version. The amendments or updates shall be effective at the time of publication. The continued use the Services after you are notified of such amendments constitutes acceptance of the amended Terms and an agreement to be bound by them.

We reserve the right, but not the obligation to update the services at any time, including the removal of services or content for definite or indefinite periods of time, without notice. It is your responsibility to monitor changes in that may affect you.

If you do not agree with any modifications to this Agreement, you must immediately stop accessing and using the Interface.

Communication

For any inquiries, comments or feedback, you may contact us using one of the following channels:

  • Email: contact@ern.app