Terms of Service
1. Introduction
These Terms of Service (these "Terms") form a binding legal agreement between any individual or entity ("User", "you", "your") that accesses, interacts with, or otherwise uses the website located at https://orchid.credit (the "Site", "Interface", or "Website") and Orchid Credit Ltd., including its affiliates, successors, and assigns ("Orchid", "we", "our", or "us").
The Interface provides access to a non-custodial, permissionless lending and financial protocol (the "Protocol") deployed on public blockchain networks, including MegaETH (the "Blockchain"), through the use of self-executing smart contracts ("Smart Contracts").
The Interface is not the Protocol itself. The Protocol may be accessed independently of the Interface, and Orchid does not control how users choose to interact with it.
By accessing or using the Interface in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access or use the Interface.
These Terms include provisions that govern dispute resolution, including mandatory arbitration and a waiver of class actions and jury trials.
2. Changes to These Terms
We reserve the right to modify these Terms at any time, in our sole discretion.
When changes are made, we will update the "Last updated" date and publish the revised Terms on the Site. Your continued access to or use of the Interface after such changes constitutes your acceptance of the updated Terms.
If you do not agree with any modification, you must immediately stop using the Interface.
3. Eligibility and Representations
By accessing or using the Interface, you represent and warrant that:
- You are at least 18 years old or the legal age of majority in your jurisdiction.
- You have the legal capacity to enter into these Terms.
- You are acting on your own behalf and not on behalf of another person or entity.
- You understand the risks associated with blockchain technology, smart contracts, and digital assets.
- You have obtained any professional advice you deem necessary before using the Interface.
- You own or control the digital assets you use and have full legal authority over them.
- You will comply with all applicable laws and regulations.
Restricted Jurisdictions
Access to the Interface or Protocol may be restricted or prohibited in certain jurisdictions. You must not use the Interface if doing so would violate any applicable law, regulation, or sanction.
We reserve the right to restrict or block access from any jurisdiction and may use technical measures to enforce such restrictions.
You represent that you are not accessing the Interface from a prohibited jurisdiction and have not used any method to conceal or misrepresent your location.
4. Privacy and Data Use
The Interface may collect limited technical information, such as blockchain addresses or IP-related data, for purposes including:
- Preventing prohibited use.
- Enforcing jurisdictional restrictions.
- Protecting protocol integrity.
We do not custody user funds or private keys.
Transactions executed through the Interface occur on public blockchains and are inherently transparent. Orchid does not control and is not responsible for information you make public through blockchain interactions.
Please refer to our Privacy Policy for further details.
5. Nature of the Interface and Protocol
The Interface is a non-custodial access tool. Orchid does not:
- Hold user assets.
- Control user wallets or private keys.
- Execute transactions on your behalf.
- Act as a broker, agent, or fiduciary.
All transactions occur directly on the Blockchain via Smart Contracts.
Blockchain transactions are irreversible. Orchid cannot reverse, cancel, or refund any transaction.
You are responsible for paying all applicable blockchain fees, including gas fees.
6. User Responsibilities
As a condition of using the Interface, you agree to:
- Use the Interface only for lawful purposes.
- Maintain the security of your wallet and private keys.
- Verify Smart Contract addresses and transaction details.
- Monitor your positions and risks.
- Exercise caution against phishing, scams, or impersonation.
Orchid is not responsible for losses caused by user error, malicious third parties, or misuse of the Interface.
7. Prohibited Activities
You agree not to engage in any activity that:
- Violates any applicable law or regulation.
- Infringes intellectual property rights.
- Attempts to exploit, manipulate, or disrupt the Protocol or Interface.
- Involves fraud, deception, or misrepresentation.
- Interferes with other users' access or use.
- Attempts to bypass geographic or technical restrictions.
- Facilitates illicit financial activity.
We reserve the right to restrict access or take other actions in response to prohibited activity.
8. Assumption of Risk
You acknowledge and agree that:
- Digital assets are volatile and may lose value.
- Smart Contracts may contain vulnerabilities.
- Blockchain networks may experience congestion, delays, or failures.
- Liquidation, slippage, or loss of funds may occur.
- The Protocol may be upgraded, paused, or discontinued.
You assume full responsibility for all risks associated with using the Interface and interacting with the Protocol.
9. Third-Party Services
The Interface may reference or link to third-party services or protocols. Orchid does not control or endorse any third-party services and is not responsible for their operation, availability, or terms.
Your use of third-party services is at your own risk and subject to their terms.
10. Intellectual Property
All content, branding, and software related to the Interface are owned by Orchid or its licensors.
You may not copy, modify, distribute, or exploit any part of the Interface without prior written consent.
You retain ownership of content you submit, but grant Orchid a worldwide, royalty-free license to use it for Interface-related purposes.
11. No Investment Advice
Nothing on the Interface constitutes financial, investment, or legal advice.
Orchid does not recommend or endorse any strategy, asset, or transaction. You are solely responsible for evaluating whether any action is appropriate for you.
12. Disclaimer of Warranties
The Interface is provided "as is" and "as available".
To the fullest extent permitted by law, Orchid disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
We do not guarantee uninterrupted, secure, or error-free operation.
13. Indemnification
You agree to indemnify and hold harmless Orchid and its affiliates from any claims, losses, damages, or expenses arising from:
- Your use of the Interface.
- Your violation of these Terms.
- Your violation of any law or third-party rights.
14. Assignment
Orchid may assign or transfer these Terms without notice. You may not assign these Terms without our prior written consent.
15. Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
16. Governing Law and Dispute Resolution
These Terms are governed by the laws of the British Virgin Islands, without regard to conflict of law principles.
Any dispute arising out of or relating to these Terms shall be resolved through binding arbitration conducted in English, seated in London, under applicable arbitration rules.
You waive the right to participate in class actions or jury trials.
17. Entire Agreement
These Terms constitute the entire agreement between you and Orchid regarding use of the Interface and supersede all prior agreements or communications.
18. Contact
For questions regarding these Terms, please reach out on our Discord.