Terms of Service
These Terms of Service (“Terms”) are a legal agreement between you (“you” or “your”) and JMD Labs Inc (“Encifher”, “we”, “us”, or “our”) that govern your access to and use of our decentralized privacy-preserving token interface built on the Jupiter aggregator over the Solana blockchain (“Encifher” or “the Interface”). Please read these Terms carefully before using the Interface. By accessing or using Encifher, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use Encifher.
By accessing, browsing, connecting your wallet to, or otherwise using the Encifher interface, you confirm that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy (which is incorporated into these Terms by reference). If you do not agree to these Terms or the Privacy Policy , you must not use Encifher. Your continued use of the interface will be considered your ongoing acceptance of any updates to these Terms.
The Interface
The main purpose of the Interface is to provide you with access to private and compliant token swaps using decentralized infrastructure. We offer only the software-based interface that facilitates access to blockchain protocols and third-party APIs, but we have no control over your blockchain interactions or any outcomes that arise from them. All token swaps and transactions occur on public blockchain networks, primarily the Solana blockchain, which are decentralized and cryptographically secured systems (“Blockchain Networks”) that we do not own, control, or operate. We are not responsible for services provided by third parties, the final execution of transactions, or any behaviour of such third-party providers. We reserve the right to modify, enhance, suspend, or discontinue any part of the Interface, including products or features, without notice.
Products and Features
The Interface integrates the Jupiter aggregator and other third-party protocols (“Protocol”) to give you access to a wide range of liquidity sources on the Solana blockchain. The Interface may also include additional tools and features for usability, information, compliance, or privacypreservation purposes. These are intended to enhance your experience but do not alter the primary function of enabling private token swaps through Jupiter.
We act only as a technical facilitator of access to the relevant protocols and user interfaces. We do not encourage or promote any specific interaction and exercise no control over the blockchain transactions that you initiate through the Interface. All usage of the Interface and related actions are your sole responsibility.
Blockchain Networks Transactions
Any transaction involving digital tokens or assets (“digital assets”) initiated via the Interface must be validated and confirmed by the applicable Blockchain Network. These Blockchain Networks are decentralized and maintained by independent nodes or validators, which we do not own or control. We have no influence over these networks and cannot ensure that any transaction you submit will be confirmed or successfully processed. By using the Interface, you understand and accept that your transaction could be delayed, rejected, or fail entirely due to conditions or issues within the Blockchain Network.
We do not store, hold, send, receive, convert, or otherwise directly interact with any virtual currency or digital asset. All swaps and transfers initiated through the Interface are executed on external networks, subject to their own rules and terms. The completion of any transaction is entirely reliant on the Blockchain Network, not on the Interface. We therefore do not warrant or represent that the transfer of title or rights in any asset will be completed or recognized. You are solely responsible for verifying all transaction details before executing a transaction. Any mistakes or omissions on your part are not our responsibility.
The success of your transactions through the Interface is subject to the continued operation and stability of the underlying Blockchain Networks. Technical issues such as forks, reorgs, or outages on these networks may lead to transaction failures or inconsistencies. Because Blockchain Networks are decentralized, there is no central party responsible for resolving such errors. Neither Encifher nor any associated party shall be held liable for such failures or any losses arising from them. When you use the Interface to execute transactions on the Solana blockchain via the Jupiter aggregator, you may be required to pay transaction fees (“Gas Fees”) to the network. These fees are entirely determined by the Blockchain Network and are not under our control. You are solely responsible for ensuring you have adequate funds to cover such fees. A failure to pay the required Gas Fee may result in your transaction being declined or failing altogether. Gas Fees are non-refundable and can vary based on blockchain usage conditions beyond our control.
Certain token swap transactions conducted via the Interface may result in a “Swap Surplus.” This refers to a favourable discrepancy between the expected token output and the actual amount received, often due to price improvements or routing efficiencies achieved through the Jupiter aggregator. This surplus is not guaranteed for every transaction and is not controlled by Encifher.
Any Swap Surplus generated may be automatically retained by third-party infrastructure providers (such as aggregators or re-layers) as compensation for their services. The handling of Swap Surplus may also be subject to Jupiter’s protocol-level governance decisions and may be further explained in documentation provided through the Interface. Encifher does not retain any Swap Surplus on its own behalf.
Third-Party Services
In order to deliver the functionalities of the Interface, we rely on a range of external service providers (“Third-Party Services”), including Jupiter for liquidity routing, RPC node providers for blockchain access, compliance APIs for wallet screening, and other infrastructure or analytics tools. These services are independently operated and governed by their own terms of service and privacy policies. By using the Interface, you agree to comply with the terms of such Third-Party Services, where applicable. You are responsible for reviewing those terms, and Encifher makes no guarantees about the availability, accuracy, or reliability of any Third-Party Service. You understand that the functionalities enabling token swaps and other blockchain interactions are powered by Third-Party Services, and that we do not operate, endorse, or control these services. We reserve the right to change, disable, or restrict access to any Third-Party Service at any time without notice. These services may impose their own technical limitations, fees, or operational restrictions. You acknowledge and accept that your use of any Third-Party Service via the Interface is entirely at your own risk. Encifher disclaims all liability for any harm, loss, or dispute arising out of such use. We reserve the right, in our sole discretion, to update, change, or discontinue any portion of the Interface or its functionalities, including adding or removing products or services, without prior notice. Such changes will not affect your access to your digital assets, except in rare situations where continued access could pose a security risk, violate intellectual property rights, or expose Encifher or its users to legal risks. Where additional terms apply to specific features, those terms shall be read in conjunction with these Terms. In case of conflict, the specific terms will prevail.
Third-Party Integration (Jupiter)
Encifher connects to decentralized liquidity aggregation and routing infrastructure provided by third-party protocols, including but not limited to Jupiter. When you use Encifher, you acknowledge and agree that your activity may directly rely on the performance and availability of Jupiter and other integrated blockchain services. By accessing and using Encifher, you also agree to be bound by the Terms of Service and Privacy Policy of Jupiter and any other integrated services, as applicable. These third-party terms are independent of Encifher and may include their own restrictions, eligibility conditions, privacy practices, and risk disclosures. We do not own, operate, or control Jupiter or any of its related components or smart contracts. All routing, pricing, transaction paths, or order execution facilitated via Jupiter are handled onchain and outside of Encifher’s direct control. We make no guarantees about the reliability, uptime, accuracy, or continued availability of Jupiter or any other third-party protocol that may be integrated with Encifher. You understand and accept that your transactions may be delayed, fail, or incur higher costs depending on how Jupiter or related networks operate at the time of your use. Any such issues are not within Encifher’s responsibility, and we will not be held liable for delays, failed transactions, losses, or inaccuracies caused by the performance or behaviour of Jupiter or any other third-party protocol. Before using Encifher, you are encouraged to review the Terms of Service and Privacy Policy of Jupiter and any other integrated services to ensure you understand their rules and risks. If you do not agree to their terms, you must refrain from using Encifher.
Third-Party API Disclaimer
Encifher uses or intends to use third-party compliance and risk assessment services such as Chain analysis, TRM Labs, Elliptic, and others to help assess the safety and legality of blockchain wallets before allowing users to perform token swaps through the Interface. These services are known as compliance APIs and are designed to detect wallets that may be linked to criminal activity, fraud, money laundering, terrorist financing, sanctions violations, stolen funds, or other high-risk or blacklisted behaviours. Their function is to scan blockchain activity and flag wallets that show signs of association with prohibited or suspicious transactions, including connections to mixers, darknet markets, sanctioned entities, or known exploits.
You acknowledge that these APIs are owned and operated by independent third parties and are not under the control of Encifher. While we integrate their services into our compliance process, we do not manage, influence, or modify the data, rules, or decisions generated by these tools. The risk scoring and wallet assessments returned by these providers are based on their own algorithms, data sets, and risk models, which may evolve over time without notice. We cannot guarantee the accuracy, reliability, or timeliness of the data provided by these APIs, nor do we verify or independently audit the decisions made by them.
If your wallet is flagged or if a transaction is blocked based on a report from any of these compliance screening tools, Encifher reserves the right to restrict your access to the Interface or your use of the Interface or prevent the execution of a swap or any other transaction. We do this in good faith to maintain legal compliance, protect our users, and reduce the risk of illicit activity on the platform. You understand and agree that such actions may occur automatically and without any prior notice. Encifher shall not be held liable for any loss, damage, inconvenience, or denial of service you may experience as a result of a third-party API's decision or flagging of your wallet. This includes but is not limited to rejected transactions, inability to use the Interface, delays in service, or reputational harm. If you believe a risk flag was applied to your wallet in error, you may contact the respective third-party API provider directly to dispute the result or request additional information. Encifher is not responsible for the outcome of any such dispute and cannot override or bypass decisions made by these independent services. By using Encifher, you agree to the integration of such compliance APIs and accept all associated risks, including potential access restrictions based on their findings.
Additional Terms
Certain Interface features may be governed by additional terms and conditions. These will be communicated to you within the relevant section of the Interface or via official documentation. All such additional terms are incorporated into these Terms by reference.
Eligibility
Encifher is not available to individuals or entities who are located in, incorporated in, citizens or residents of, or otherwise associated with any Prohibited Localities, or who qualify as Restricted Persons as described below. This restriction is absolute. If you fall into any of these categories, you must not access or use the Encifher Interface. Attempting to use the Interface from a Prohibited Locality, or by using tools such as virtual private networks (VPNs), proxy servers, or any other method to obscure your location or identity, is strictly prohibited and constitutes a violation of these Terms. By using Encifher, you confirm and guarantee that you (a) are at least eighteen (18) years old or of legal age in your jurisdiction to form a binding contract, (b) are not violating any law or regulation applicable to you by using the Interface, (c) are not located in, established in, or a citizen or resident of any jurisdiction listed under the “Prohibited Localities” section below, and (d) are not a “Restricted Person” as defined below.
You may not use the Interface if your use would be contrary to any applicable laws, rules, or regulations. You are solely responsible for ensuring that your use of the Interface is lawful in your jurisdiction. We make no representations or warranties that access to or use of the Interface is lawful or permitted outside of jurisdictions where we operate. Your access to Encifher is entirely at your own risk, and you are responsible for compliance with all local laws that apply to your use of the Interface. By accessing or using the Interface, you further confirm that you are not listed on or otherwise subject to any international sanctions or trade embargoes. This includes, but is not limited to, the sanctions programs administered by the United Nations, the European Union and its member states, the United States (including those administered by OFAC), and the United Kingdom. These sanctions lists are collectively referred to in these Terms as “Sanction Lists.” You also represent that you are not owned or controlled by any person or entity that appears on any Sanction List. We reserve the right to restrict or deny access to the Interface for users in any jurisdiction at our sole discretion, including jurisdictions where we believe that operating or offering access to the Interface would expose Encifher to legal liability, regulatory consequences, or sanctions risk.
Restricted Persons
You may not access or use the Interface if you are a “Restricted Person.” A Restricted Person includes any individual or entity that has been identified on any Sanction List as a sanctioned or blocked person, or that is affiliated with, acting on behalf of, or owned or controlled by any such person. For the purposes of these Terms, Restricted Persons also include individuals or entities who are located, established in, or residents or citizens of the Prohibited Localities.
Third-Party Restrictions
Encifher relies on certain third-party services and APIs (such as Jupiter aggregator, RPC nodes, and wallet screening services) to provide its functionality. These third-party services may impose their own access restrictions or eligibility requirements, which we do not control. Such restrictions may include prohibitions against use by certain individuals, wallets, or jurisdictions. As a result, access to certain features or services within the Interface may be blocked or limited by the providers of these Third-Party Services. Encifher is not responsible for the availability or enforcement of any such restrictions, and it is your sole responsibility to review and comply with the applicable terms of use and eligibility conditions of any Third-Party Service used in connection with the Interface.
Non-Circumvention
You agree that you will not attempt to access or use the Interface in any way that circumvents these Terms, including the restrictions related to your location, identity, or eligibility. You must not use any tools, technologies, or services such as VPNs, proxy services, or falsified documentation that are intended to mask your true jurisdiction or identity in order to access the Interface in violation of these Terms.
Risk Assessment and Monitoring
Encifher may use publicly available information, as well as third-party services, to evaluate the risks related to wallets or activities that may be associated with illegal behaviour, fraud, phishing, or other non-compliant use. These assessments may rely on services offered by independent providers such as TRM Labs, Block Aid, Synaps, MEW, and others. providers such as TRM Labs, Block Aid, Synaps, MEW, and others.
You understand and agree that your wallet address or any content you interact with on Encifher may be reviewed using such third-party services. These reviews are designed to identify potential threats such as links to sanctioned entities, stolen assets, scams, or illicit behaviour. If any risk is detected, Encifher reserves the right but is not obligated to block or limit access to the Interface for the wallet address or other digital identifier in question.
These risk assessments are conducted entirely at the discretion of third-party compliance vendors. Encifher does not control these third-party services, nor does it guarantee their accuracy or the outcomes they generate. No additional personal information is collected by Encifher in this process, and the results are entirely dependent on data available in the public domain or derived by those external services. Each third-party service may have its own terms of use and privacy practices. You are responsible for reading and understanding them before use. Encifher makes no promises or guarantees regarding the availability, accuracy, or completeness of these risk assessments. We do not bear responsibility for false positives, blocked addresses, or missed threats. If your wallet is mistakenly restricted, you may contact us at: help@encifher.io. Encifher may also display phishing alerts or other risk notices within the Interface. These are informational only and should not be treated as exhaustive or definitive. We do not warrant the correctness or reliability of any such warnings, and we disclaim any liability arising from decisions you make based on them. By using the Interface, you acknowledge that all risk alerts and wallet compliance checks are provided “as-is,” with no guarantees, and that you assume full responsibility for your use of the Interface, including your reliance on any alerts or third-party screening tools.
Permitted Use and Access Restrictions
Encifher provides a user interface that enables individuals to interact with decentralized finance (DeFi) protocols for the purpose of initiating and viewing token swaps and related blockchain activities. The Interface itself does not control or interfere with any of the transactions performed. All blockchain interactions that users initiate through Encifher occur directly on decentralized, third-party networks that Encifher neither owns nor controls. As such, any transaction you carry out via the Interface is performed on-chain and is subject solely to the functionality, conditions, and risks inherent to those blockchain networks. Encifher has no role in executing, validating, or reversing such transactions.
We may change or restrict access to the Interface at any time, for any reason, particularly if we determine that your actions violate these Terms or applicable law. Access may also be limited based on jurisdiction, technological restrictions, or risk assessments. Encifher is not responsible for any losses or damages that may result if your access is disabled, restricted, or unavailable for any reason, including scheduled or unscheduled downtime or technical issues. By accessing or using the Interface, you agree that you understand the risks associated with blockchain technologies, including digital assets, virtual currencies, decentralized protocols, and the fluctuating nature of gas fees and market conditions. Encifher does not own, operate, or control any of the decentralized protocols or liquidity sources that may be accessible through the Interface. Any interaction you make is solely your responsibility, and you must ensure that your transaction details are accurate and valid before confirming. Encifher cannot reverse or cancel any transactions once they are submitted on-chain.
The Interface may present price data or other information related to digital assets, but this information does not constitute an offer, solicitation, or advice of any kind. You acknowledge that Encifher is not acting as your broker, agent, or intermediary in any capacity. Encifher does not guarantee the accuracy or timeliness of any information made available through the Interface, and any reliance you place on such information is at your own risk. You are solely responsible for determining the suitability of any transaction or use of the Interface and for obtaining independent professional advice as needed.
You agree not to use the Interface in any way that could harm or interfere with its functionality or with the experience of other users. This includes, but is not limited to, introducing malware, attempting unauthorized access to the Interface or other user wallets, reverse engineering, data scraping, using automated trading bots, engaging in spoofing or wash trading, submitting false or misleading information, or attempting to manipulate the Interface or associated blockchain protocols. You must not use software or network techniques to mask your IP address or location to circumvent restrictions. You further agree not to transmit funds through the Interface that originate from criminal or fraudulent activity and not to use the Interface in connection with any unlawful financial schemes or to evade sanctions or legal restrictions. You remain solely responsible for complying with all applicable laws and regulations in your jurisdiction, including tax obligations and reporting requirements related to your use of digital assets. Encifher has no duty to monitor your compliance or to advise you of any legal implications of your activities. The Interface is intended solely for direct, human use. Any attempt to access or interact with the Interface using automated systems or technologies, including but not limited to bots, scripts, crawlers, or front-running tools, is prohibited. Any such misuse may result in immediate suspension or permanent restriction of access. Nothing in these Terms creates or implies any fiduciary duty by Encifher to you. To the maximum extent permitted by applicable law, you acknowledge that Encifher owes you no fiduciary or special duties beyond those explicitly set forth in these Terms. You also agree that all obligations arising from your use of the Interface are governed strictly by these Terms and not by any implied duty or equitable principle.
Important Notices and Disclaimer of Guarantees
You understand and agree that Encifher is a software interface that helps you access blockchainbased systems. We do not control any blockchain network or protocol, nor do we access your private keys or interact directly with your Digital Assets. Your wallet, your assets, and the actions you take are entirely your responsibility. Encifher does not guarantee, and hereby expressly disclaims all guarantees and warranties that the information you see on the Interface such as token prices, gas fees, transaction fees, APRs, liquidity, or staking details is always correct, up-todate, or suitable for your needs. This information may come from third parties or may be based on estimates or trends. You use this information at your own risk, and Encifher is not responsible in any manner whatsoever for your use thereof or for any decisions you make based on it. Encifher is not registered with or supervised by any financial authority, and nothing on the Interface is intended to be or should be taken as financial, legal, or investment advice. The services are based on public blockchain infrastructure, and Encifher does not act as a broker, an intermediary, or regulated party in any transaction.
We provide the Interface “as-is” and “as-available,” without any promises. No guarantees or warranties whether express, written, spoken, or implied about how the Interface works are made. This includes no guarantees of ownership, safety, accuracy, reliability, performance, merchantability, or fitness for a specific use. We also do not promise the Interface will be errorfree or secure at all times. You understand that Encifher does not hold or protect your private keys. If you lose access to your wallet or private key, we cannot help recover it, and we are not responsible for any losses that result from such issues. Blockchain systems are based on code, and all code can have bugs or weaknesses. You should understand how blockchain technology works, including the risks involved. Blockchain markets can be extremely volatile, and the fees and transaction times can change quickly. Encifher has no control over any of these factors and is not responsible for any losses related to them. Sometimes, Encifher may include links or references to third-party content, services, or promotions. We don’t control these and don’t take any responsibility for them. If you interact with such third-party content or services, you do so entirely at your own risk. The Terms of Service you agree to here do not apply to those thirdparty services, and Encifher is not liable for anything that happens as a result.
Beta Disclaimer
Encifher is currently in a beta phase of development and testing. This means that some features may not work as intended, the platform may experience downtime, and bugs, errors, or unexpected behavior may occur. By using Encifher in its beta phase, you acknowledge and accept that the Interface is provided “as-is” without any warranties or guarantees of performance, uptime, security, or correctness. Your use of the Interface during this beta period is at your own risk, and we disclaim all liability arising from its use.
Prohibited Use
You are strictly prohibited from using Encifher for any illegal, harmful, abusive, or otherwise unauthorized activities. This includes, but is not limited to, engaging in or facilitating money laundering, terrorism financing, sanctions evasion, or any activity that violates financial, trade, or criminal laws in any jurisdiction. You may not use Encifher to trade, swap, or transfer tokens or digital assets that are known or suspected to be associated with stolen funds, hacks, exploits, or other illicit origins. Any interaction with wallets or addresses linked to mixers, tumblers, privacyenhancing tools designed to obscure asset origin, darknet marketplaces, ransomware, child exploitation content, or any individual or entity that appears on applicable global sanctions lists (such as those issued by the United Nations, United States, European Union, United Kingdom, or other competent authorities) is strictly forbidden. You may not use Encifher to bypass, avoid, or evade any laws, rules, or regulatory requirements, including those related to anti-money laundering (AML), counter-terrorist financing (CTF), securities and commodities regulation, or tax compliance. Attempting to gain unauthorized access to Encifher’s systems, infrastructure, or other users’ information is also strictly prohibited. This includes hacking, probing, scraping, or introducing any form of malware, bots, exploits, or denial-of-service attacks. You are also prohibited from using Encifher in any manner that is intended to manipulate market activity, impersonate another person or entity, or otherwise deceive, defraud, or harm others. We may partner with third-party compliance and risk-screening services to help detect potentially suspicious or non-compliant activity. If your wallet is flagged by one of these services, or if we reasonably believe that your activities violate these Terms or any applicable laws, we reserve the right to suspend, restrict, or permanently block your access to Encifher without prior notice. You understand and agree that we are not obligated to provide an explanation or appeal process in such cases, and you waive any claims against us arising from such access restrictions.
User Responsibility for Local Law Compliance
You are entirely responsible for making sure that your access to and use of Encifher is legal under the laws of your country, state, or any other jurisdiction you are located in. Encifher is a global, decentralized interface, and while it is designed to be widely accessible, we do not and cannot guarantee that it is lawful or appropriate to use everywhere. Laws related to digital assets, decentralized protocols, taxation, data privacy, consumer protection, financial services, and sanctions can vary significantly depending on where you are. You are expected to know and comply with all such laws that apply to you. This includes, but is not limited to, understanding and fulfilling any tax reporting or payment obligations, complying with import or export restrictions, and ensuring that your use of digital assets and cryptographic tools is permitted by law in your location.
We do not provide legal, tax, or regulatory advice, and we are not responsible for informing you about your obligations under local law. If your use of Encifher or any interaction with blockchain networks via our Interface violates any local, national, or international laws or regulations, you do so at your own risk. We disclaim any liability for your failure to comply with applicable laws. If it is determined that you have violated any laws while using Encifher, you agree to bear full responsibility, including any penalties, investigations, or legal consequences that may arise.
You are strongly encouraged to consult with a qualified legal, financial, or tax advisor in your jurisdiction before using Encifher especially if you are unsure whether your use complies with local laws.
No Custody or Financial Services
Encifher is a non-custodial interface, meaning we never hold, manage, or access your digital assets, private keys, seed phrases, or wallet credentials at any time. You remain in full control of your tokens and your wallet throughout your interaction with the platform. At no point do we take custody of your funds, authorize transactions on your behalf, or access the assets in your wallet. Encifher simply provides a technical user interface that helps you connect with decentralized protocols such as liquidity aggregators and decentralized exchanges to initiate and execute swaps or other on-chain activities. These actions are performed directly between your wallet and the smart contracts of the relevant protocol, without any involvement or interference from Encifher once the transaction is submitted. We do not execute, guarantee, or reverse transactions on your behalf. Encifher does not provide financial, legal, investment, tax, or accounting advice of any kind. Nothing you see on the Interface should be interpreted as a recommendation, endorsement, or solicitation to buy, sell, or hold any digital asset. Any decisions you make regarding token swaps or other interactions with decentralized protocols through Encifher are made entirely at your own discretion and risk. We are not a broker, financial advisor, exchange, dealer, or bank. Using Encifher does not create a relationship of trust or fiduciary duty between you and us. You are solely responsible for understanding the risks involved in decentralized finance (DeFi), including but not limited to price volatility, smart contract bugs, gas fees, MEV (miner extractable value) risks, and potential loss of funds. Before making any transaction, you should do your own research or consult a qualified professional. By using Encifher, you acknowledge and agree that all interactions facilitated through the Interface are strictly peer-toprotocol and carried out entirely at your own risk
Limitation of Liability
To the fullest extent permitted by law, Encifher, along with its officers, directors, employees, contractors, agents, affiliates, and subsidiaries, shall not be liable to you under any theory of liability whether based in contract, tort, negligence, strict liability, or otherwise for any indirect, incidental, consequential, special, exemplary, or punitive damages. This includes, without limitation, any loss of profits, loss of goodwill, loss of data, loss of tokens, loss of digital assets, business interruption, computer damage, system failure, or other intangible losses that result from (i) your access to or use of, or inability to access or use, the Encifher Interface; (ii) any unauthorized access to or use of the Interface or of any servers we use and the information stored on them, including personal information or digital wallet data; (iii) any errors, bugs, viruses, Trojan horses, or other harmful code that may be transmitted to or through the Interface by any third party; (iv) any interruption or cessation of the Interface or your access to it; (v) any mistakes, inaccuracies, omissions, or defects in any content or information made available via the Interface; or (vi) any conduct by a third party that is defamatory, offensive, illegal, or otherwise harmful.
We do not assume responsibility for any damages or losses that may arise from events beyond our control, including, but not limited to, failures in blockchain networks, smart contract vulnerabilities, network congestion, or any technological or security issues that affect your transactions or use of the Interface. We also shall not be liable for any issues arising from your failure to comply with these Terms or from your reliance on information available via the Interface.
You agree that, to the extent any liability exists, your exclusive and sole remedy for any dissatisfaction with the Interface, its functionality, or the content made available through it, is to stop using the Interface. In no event shall our total liability to you for any and all claims, damages, or losses arising out of or relating to these Terms or your use of the Interface exceed the greater of (a) the amount you paid to us in connection with your use of the Interface, or (b) USD 100.
Ownership and Use of Intellectual Property
Everything you see on the Encifher Interface such as the software, logos, designs, graphics, text, trademarks, service marks, and other content is owned by us or our licensors. All rights in this content, including copyrights, trademarks, patents, and design rights, are protected by law and remain with us. Unless we specifically give you written permission, you are not allowed to copy, modify, publish, rent, license, distribute, sell, or let others use any part of the Interface or its contents. Just because you use the Interface doesn’t mean you get any ownership or rights in our content. If you upload or submit any information or materials through the Interface for example, text or data you still own that content. However, by submitting it, you give us a free, worldwide, permanent license to use, copy, distribute, and share that information as needed to provide our services, in line with applicable laws.
If you send us suggestions, ideas, bug reports, or any feedback about how to improve Encifher (collectively called “Feedback”), you agree that we can use it however we want, without owing you anything. We may use, share, or publish your Feedback with others, whether confidentially or not, and without needing your further permission. If required under local laws, you grant us a permanent, worldwide, transferable, non-exclusive license to use your Feedback for any purpose. As long as you meet all the eligibility requirements described in these Terms, and you follow the rules set out in them, we give you a limited, personal license to use the Encifher Interface. This license is non-exclusive, meaning others can use it too, and non-transferable, meaning you can’t give or sell it to anyone else. We can cancel this license at any time, for any reason, and without advance notice. You must not use the Interface in any way that goes beyond what is allowed under these Terms. While the Encifher Interface is our proprietary software, it connects to decentralized blockchain protocols that are open-source and run independently on public blockchain networks like Solana and Layer 2 solutions. These protocols are not owned or operated by Encifher, and we make no claims of ownership over them.
Indemnification
You agree to fully indemnify, defend, and hold harmless Encifher, along with its officers, directors, developers, employees, contractors, affiliates, and service providers, from and against any and all claims, damages, losses, liabilities, demands, costs, and expenses this includes reasonable legal and attorney fees that arise from or relate to your use or misuse of the Encifher Interface. This includes, but is not limited to: (i) your violation of these Terms of Service or any applicable law or regulation; (ii) your infringement or violation of any rights of another person or entity, including intellectual property rights or privacy rights; (iii) your use of a wallet or address linked to unlawful or fraudulent activities, such as money laundering, terrorism financing, or trading in tokens linked to hacks or sanctions violations; or (iv) any activity carried out through your wallet that results in harm to another user, third party, or to Encifher itself.
You understand that this indemnity obligation applies even if the issue in question arises from an action performed by someone else using your wallet or device. It is your responsibility to safeguard your access credentials and wallet information. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defense. This clause remains enforceable even after you stop using Encifher.
Termination
We may suspend or permanently terminate your access to Encifher, in whole or in part, at any time and for any reason, without prior notice or liability. This includes, but is not limited to, situations where we reasonably suspect that you have violated these Terms, broken any applicable laws or regulations, engaged in fraudulent or harmful behaviour, or used Encifher in a way that poses legal, reputational, or security risks to us or others. Our decision to suspend or terminate access may be based on internal assessments, third-party reports, compliance screening tools, or external regulatory inquiries. We are not required to disclose the specific reasons for suspension or termination, nor are we liable for any losses you may suffer as a result of losing access to Encifher. We may also limit your access to specific features of Encifher, restrict use of particular wallets or protocols, or disable swaps or wallet interactions entirely. You are free to stop using Encifher at any time by simply disconnecting your wallet and ceasing to interact with the interface. No formal notice is required from you. However, any rights or obligations that, by their nature, should survive termination will remain in full effect even after you stop using Encifher. These include, without limitation, sections related to disclaimers of warranties, limitation of liability, indemnification, dispute resolution, intellectual property, and governing law. Please understand that termination does not relieve you of any obligations you incurred before termination such as liabilities arising from past use of the interface or violations of these Terms and does not entitle you to any refund or compensation.
Governing Law
These Terms of Use, and any dispute or claim arising out of or in connection with your access to or use of the Encifher platform, shall be governed by and construed in accordance with the laws of Panama, without regard to conflict of law principles.
Arbitration and Class Action Waiver
You irrevocably agree that any legal action or proceeding arising under or in connection with these Terms shall be resolved exclusively and finally by binding arbitration, as described below. You consent to such arbitration in accordance with the rules of the Republic of Panama, which are deemed incorporated by reference into this clause.
Except for disputes where either party seeks injunctive or equitable relief to prevent the unauthorized use or abuse of intellectual property (such as copyrights, trademarks, trade secrets, or patents), or to prevent unauthorized access to the platform, you and Encifher agree that any dispute, controversy, or claim arising out of or relating to these Terms or the use of the Encifher interface (each a “Dispute”) shall be exclusively referred to and finally resolved by binding arbitration under the rules of the Republic of Panama. The arbitration will take place in the Republic of Panama, and be conducted in English. The arbitration shall be conducted by a single arbitrator appointed in accordance with the applicable rules. The decision of the arbitrator shall be final and binding, and judgment on the arbitration award may be entered in any court of competent jurisdiction.
No Class Actions or Representative Proceedings. You and Encifher agree that any Dispute is personal to you and Encifher and that such Dispute shall only be resolved through individual arbitration. Neither you nor Encifher shall bring or participate in a class arbitration, class action, or other representative proceeding, whether in arbitration or otherwise. The arbitrator shall not have authority to combine or aggregate claims, or to preside over any form of a representative or class proceeding. You acknowledge and agree that by entering into these Terms, you and Encifher are each waiving the right to a trial by jury and to participate in a class action or class arbitration.
Notice and Informal Dispute Resolution. Before initiating arbitration, you and Encifher agree to notify the other party of the Dispute in writing and attempt to resolve the matter informally. Notification must include:Time Limitation for Claims. Any arbitration or claim arising out of or relating to these Terms must be filed within one (1) year after the Dispute arises. Otherwise, such claim is permanently barred.
Jurisdictional Disclaimer. You agree that the Encifher interface shall be deemed solely based in the Republic of Panama, and does not give rise to personal jurisdiction in any other jurisdictions. Availability of the platform in other locations does not constitute a solicitation or subject Encifher to jurisdiction in those places.
Changes to these Terms
We may modify any part of these Terms at any time by publishing an updated version on the Interface with a revised effective date. Such changes will take effect immediately and shall be deemed accepted by you the first time you access or use the Interface following the updated posting. These changes will apply on a forward-looking basis to your use of the Interface, including any activity or transactions initiated after the update. If you do not agree with any modifications, your sole remedy is to stop using the Interface.
Entire Agreement
These Terms, along with any additional terms, rules, or conditions that may be displayed on the Encifher Interface from time to time (including the Privacy Policy ), represent the complete agreement between you and us with respect to your use of the Interface. They supersede all prior agreements, understandings, or representations,whether oral or written,relating to the Interface.
Privacy Policy
Our Privacy Policy explains how we collect, use, store, and share your personal data. By using the Interface, you acknowledge and agree to the collection, processing, storage, and disclosure of your information in accordance with our Privacy Policy .
Decentralized Autonomous Organizations (DAOs)
We may interact with, or grant access to certain features of the Interface through, DAOs operating in connection with the Encifher protocol. Where any DAO takes a binding vote or decision regarding the use, access, or modification of the Interface or its products, such DAO shall be deemed to have agreed to and accepted these Terms, including any incorporated terms by reference.
Survival
Upon termination of these Terms for any reason, all provisions which by their nature are intended to survive such termination shall continue in full force and effect, including without limitation provisions relating to ownership, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law.
Severability
If any part of these Terms is held to be invalid or unenforceable, that portion shall be interpreted in a manner that most closely reflects the intent of the original provision, and the remaining provisions shall remain in full force and effect. If interpretation is not possible, the unenforceable portion will be deemed severed from these Terms without affecting the rest.
Captions and Summaries
Section titles and captions are for convenience only and do not affect the meaning or interpretation of the Terms. Any brief summaries or "TL;DR" explanations are provided to help users understand the key points of a section, but are not legally binding and do not modify the content of the Terms themselves.