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Terms of Service

Peach Technology Inc.
Last Updated: April 20, 2026

These Terms of Service (the "Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Peach Technology, Inc., a Delaware corporation ("Peach," "Company," "we," "us," or "our"), governing your access to and use of the Peach mobile application and all related services (collectively, the "Services").

By accessing or using the Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, you must not access or use the Services.

These Terms contain a binding arbitration agreement, a class action waiver, and a jury trial waiver (Section 15). These provisions materially affect how disputes between you and Peach are resolved. Please read them carefully. You may opt out of the arbitration agreement within thirty (30) days of first accepting these Terms (Section 15.10).

The Services are non-custodial. Peach does not have access to your private keys or digital assets and cannot initiate, authorize, or execute transactions on your behalf. The use of digital assets and DeFi protocols involves substantial risk of loss, up to and including the total loss of your funds.

1. Definitions

In these Terms, the following capitalized terms have the meanings set forth below.

1.1. "Services" means all products, functionality, and features provided by Peach through the App, including wallet provisioning, token swaps, DeFi yield deposits, perpetual futures trading interfaces, analytics, and any ancillary features.

1.2. "App" means the Peach mobile application distributed through the Apple App Store, Google Play Store, or any other distribution channel designated by Peach.

1.3. "Digital Asset" means any cryptocurrency, token, stablecoin, or other asset issued or transferred on a blockchain network.

1.4. "Wallet" means the non-custodial blockchain wallet generated and managed on your device through the infrastructure provided by Turnkey Global, Inc. ("Turnkey").

1.5. "Private Key" means the cryptographic key used to sign transactions that transfer Digital Assets held in your Wallet.

1.6. "Third-Party Protocol" means any smart contract-based DeFi protocol (including decentralized exchanges, lending protocols, yield aggregators, and similar systems) developed and operated by parties other than Peach.

1.7. "Hyperliquid" means the third-party perpetual futures protocol made accessible through the Services.

1.8. "Gas Fee" means the fee payable to validators on a blockchain network for recording and executing a transaction.

2. Nature of the Services; Role of Peach

2.1. Technical Interface Only. Peach provides a front-end technical interface that enables you to access public blockchain networks and Third-Party Protocols. Peach is not an exchange, broker, dealer, intermediary, investment adviser, financial institution, or regulated financial entity, and Peach is not a counterparty to any of your transactions.

2.2. Non-Custodial Service. The Services are non-custodial. Peach does not have, and cannot acquire, any of the following:

  • (a) access to your Private Keys, seed phrases, or recovery phrases;
  • (b) custody, possession, or control over your Digital Assets;
  • (c) the ability to initiate, authorize, execute, cancel, or modify transactions on your behalf; or
  • (d) the ability to reverse, refund, or roll back any confirmed blockchain transaction.

2.3. No Order Matching. Peach does not operate an order-matching engine, maintain an order book, or quote bid or ask prices. All transactions are signed by you on your device and broadcast to Third-Party Protocols or blockchain networks.

2.4. No Advice. Peach does not provide investment, tax, legal, or financial advice. All information displayed within the Services (including interest rates, total value locked ("TVL"), risk assessments, and analytics) is provided for informational purposes only and does not constitute a recommendation, solicitation, or offer to buy or sell any Digital Asset.

2.5. Scope of Functionality. Current and future functionality of the Services may include:

  • (a) Wallet provisioning and management interface;
  • (b) Token swaps, including across EVM-compatible networks and any other networks that Peach may support in the future;
  • (c) Deposits and withdrawals to and from Third-Party DeFi yield protocols;
  • (d) Access to perpetual futures trading via Hyperliquid and other third-party platforms;
  • (e) Protocol analytics (interest rates, TVL, risk scoring, and similar data); and
  • (f) Such other ancillary features as Peach may introduce.

2.6. Changes to Functionality. Peach may, at its sole discretion and without prior notice, add, modify, restrict, suspend, or discontinue any feature, supported network, supported protocol, or supported Digital Asset.

3. Eligibility and Access Restrictions

3.1. Age. You must be at least 18 years of age to use the Services. If the age of majority in your jurisdiction of residence is higher than 18, you must have attained such age.

3.2. Capacity. You must have the legal capacity to enter into a binding contract under these Terms.

3.3. Restricted Persons. The Services are not available to, and may not be used by, any of the following:

  • (a) any person who is a resident of, or citizen of, the United States, the United Kingdom, or Canada;
  • (b) any person or entity located in, organized under the laws of, or a resident of any country or territory subject to comprehensive sanctions administered by the U.S. Office of Foreign Assets Control ("OFAC"), the United Nations, the European Union, the United Kingdom, or any other applicable governmental authority, including without limitation Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine;
  • (c) any person or entity identified on the OFAC Specially Designated Nationals and Blocked Persons List, the UN Consolidated List, or any other applicable sanctions list; or
  • (d) any person whose use of the Services would violate applicable law in their jurisdiction of residence.

3.4. Your Compliance Obligation. You are solely responsible for determining whether your use of the Services complies with all laws applicable to you in your jurisdiction of residence. Peach makes no representation that the Services are available or lawful in any particular jurisdiction.

3.5. Representations. By using the Services, you represent and warrant on a continuing basis that:

  • (a) you meet all requirements of Sections 3.1 through 3.4;
  • (b) you are not a Restricted Person and are not accessing the Services from a Restricted Territory;
  • (c) you are not using the Services for money laundering, terrorism financing, tax evasion, fraud, or any other unlawful purpose; and
  • (d) all information you provide to Peach is true, accurate, and complete.

4. Account Creation and Management

4.1. Account Creation. To use the Services, you must create an account by authenticating through one of the following methods: email one-time password ("OTP"), Apple Sign-In, or Google Sign-In.

4.2. Wallet Provisioning. Upon account creation, a non-custodial blockchain Wallet is automatically generated through Turnkey's infrastructure. You are the sole signer authorized to sign transactions from your Wallet. Private Key operations occur exclusively within the secure environment on your device and within Turnkey's infrastructure. Peach does not have, and cannot acquire, access to your Private Key.

4.3. No Account Recovery by Peach. Peach does not provide any independent account recovery mechanism. Your ability to access your account depends entirely on your continued access to the email account or social sign-in provider (Apple or Google) you used to authenticate. If you lose access to that email or social account and cannot recover it through the provider's own recovery procedures, you may permanently and irretrievably lose access to your Wallet and all Digital Assets held therein. Peach has no ability, technical or otherwise, to restore your access.

4.4. Account Security. You are solely responsible for:

  • (a) the security of the email account or social sign-in account used to authenticate;
  • (b) the security of your device (smartphone, tablet, or otherwise);
  • (c) the protection of any PIN, biometric, or other local security mechanism used to access the App; and
  • (d) any unauthorized use of your account or Wallet by third parties.

4.5. No KYC. Peach does not currently perform know-your-customer ("KYC") verification, identity verification, or source-of-funds checks. Peach reserves the right, at its sole discretion, to implement such procedures at any time, and may restrict your access to the Services if you decline to comply.

4.6. Suspension and Termination. Peach may suspend or terminate your access to the Services at any time, with or without prior notice, if:

  • (a) Peach believes, in its sole discretion, that you have violated these Terms;
  • (b) such action is necessary to comply with applicable law, regulation, or legal process;
  • (c) an order or request from a court, regulator, or other competent authority so requires;
  • (d) Peach reasonably believes that suspension is necessary to protect the security, integrity, or availability of the Services; or
  • (e) you are determined to be a Restricted Person or located in a Restricted Territory.

5. Transaction Execution

5.1. User Signature Required. Every blockchain transaction initiated through the Services requires your express authorization and on-device signature. Peach cannot execute any transaction on your behalf without your signature.

5.2. Transaction Bundling. The Services may bundle multiple blockchain operations (such as bridging, swapping, approval, and deposit) into a single user-facing transaction, using third-party routing infrastructure and account abstraction technologies (including EIP-7702 and EIP-4337). If any component of a bundled transaction fails, the entire transaction may fail or produce unexpected results, and Peach bears no liability for such outcomes.

5.3. Irreversibility of Transactions. All transactions confirmed on the blockchain are final and irreversible. Peach has no authority or technical ability to cancel, modify, refund, or reverse any confirmed transaction, including in any of the following circumstances:

  • (a) you input an incorrect recipient address;
  • (b) you input an incorrect amount or select an incorrect asset;
  • (c) you are the victim of phishing, fraud, or hacking;
  • (d) a display error or malfunction in the interface occurs.

5.4. Transaction Previews. Any preview of a transaction's outcome displayed within the Services (including expected receipt amounts, slippage, and fees) is an estimate only. Actual results depend on on-chain execution conditions at the time of confirmation, including market conditions, network congestion, liquidity, and price movement.

5.5. Gas Fee Sponsorship. Peach currently sponsors Gas Fees for transactions initiated through the Services. Peach may, at any time and without prior notice, modify, reduce, suspend, or discontinue Gas Fee sponsorship. If Gas Fee sponsorship is not available, you will be responsible for paying the applicable Gas Fees directly.

5.6. Network Risk. Peach is not responsible for any delay, failure, or other outcome resulting from blockchain network congestion, forks, halts, reorganizations ("reorgs"), or other technical conditions outside Peach's control.

6. Fees

6.1. Swap Fees. Peach may charge a fee on token swaps executed through the Services. The applicable fee rate is disclosed within the App prior to transaction execution, and by authorizing a transaction, you accept the disclosed fee.

6.2. No Fees on Certain Features. As of the Effective Date, Peach does not charge users direct fees for:

  • (a) deposits to or withdrawals from DeFi yield protocols; or
  • (b) perpetual futures trading via Hyperliquid or similar third-party platforms.

6.3. Changes to Fees. Peach may modify its fee structure at any time. Peach will provide reasonable advance notice of material fee changes through the App or other appropriate means. Your continued use of the Services after such change constitutes acceptance of the modified fees.

6.4. Third-Party Fees. In addition to any fees charged by Peach, you may be subject to the following third-party fees:

  • (a) fees charged by Third-Party Protocols, including trading fees, protocol fees, borrowing costs, liquidation fees, and funding rate payments;
  • (b) bridge fees for cross-chain transactions;
  • (c) blockchain network Gas Fees (except where sponsored by Peach under Section 5.5); and
  • (d) costs arising from slippage and price impact.

6.5. Taxes. You are solely responsible for determining, reporting, and paying any taxes (including income tax, capital gains tax, and value-added tax) arising from your use of the Services and your Digital Asset transactions. Peach does not undertake to provide any tax reporting, statements, or filings on your behalf.

7. Third-Party Services

7.1. Third-Party Protocols. The Services provide interfaces to Third-Party Protocols including, without limitation, Aave, Morpho, Hyperliquid, and a variety of other DeFi protocols that Peach may support from time to time. Peach does not own, operate, or control any Third-Party Protocol, and makes no warranty as to their functionality, security, availability, yield, accuracy, or continuity.

7.2. Third-Party Service Providers. Peach relies on the following categories of third-party service providers to operate the Services:

  • (a) Turnkey for wallet infrastructure and cryptographic key management;
  • (b) Swap routing providers for trade path discovery and transaction bundling;
  • (c) Data and analytics providers for market data, interest rates, TVL, and similar information;
  • (d) Hyperliquid for perpetual futures trading; and
  • (e) such other service providers as Peach may engage from time to time.

7.3. Third-Party On/Off-Ramps. Peach may, in the future, integrate third-party fiat on-ramp and off-ramp services (such as MoonPay or similar providers). Your use of any such service is governed by that provider's terms of service and privacy policy, and Peach bears no responsibility for the operation, accuracy, payment processing, or disbursement functions of such third-party service.

7.4. Independence of Third-Party Services. All risks associated with the use of Third-Party Protocols and third-party services are borne exclusively by you, and your relationship with any third party is governed by that third party's terms. Peach shall have no liability whatsoever for any failure, hack, exploit, downtime, governance action, liquidation, insolvency, or other adverse event affecting any Third-Party Protocol or third-party service.

8. User Obligations and Prohibited Conduct

8.1. Compliance. You agree to use the Services in compliance with all laws and regulations applicable to you.

8.2. Prohibited Conduct. You shall not, and shall not attempt to:

  • (a) use another person's account, Wallet, email, or authentication credentials without authorization;
  • (b) provide false or misleading information, or impersonate any person or entity;
  • (c) use the Services for money laundering, terrorism financing, sanctions evasion, tax evasion, fraud, or any other unlawful purpose;
  • (d) access the Services using bots, scrapers, crawlers, automated scripts, or any other automated means, or extract data from the Services, without Peach's prior written consent;
  • (e) circumvent, disable, or otherwise interfere with any geographic restrictions, access controls, or security features of the Services, including through the use of VPNs, proxies, or false location information;
  • (f) interfere with, disrupt, damage, or impair the integrity, availability, or performance of the Services, or reverse engineer, decompile, or disassemble any portion of the Services;
  • (g) engage in or facilitate market manipulation, wash trading, spoofing, pump-and-dump schemes, front-running, or any other fraudulent, deceptive, or manipulative trading activity;
  • (h) transmit, upload, or distribute any malware, viruses, or other harmful code through the Services;
  • (i) infringe the intellectual property, privacy, publicity, or other rights of any third party; or
  • (j) engage in any other activity that violates these Terms or that Peach reasonably determines is contrary to the intended purpose of the Services.

8.3. Consequences of Violation. If you violate this Section 8, Peach may, without prior notice, suspend or terminate your access to the Services and seek damages or other remedies available under applicable law.

9. Risk Acknowledgement

9.1. Acknowledgement of Risk. You acknowledge that use of the Services, and the trading, holding, depositing, or lending of Digital Assets through Third-Party Protocols and perpetual futures platforms, involves substantial risk of financial loss, including the total loss of your funds. You agree that:

  • (a) you have sufficient knowledge and experience to evaluate the risks of using the Services, or you have sought independent professional advice;
  • (b) you will use the Services only with funds you can afford to lose entirely; and
  • (c) you have read and agree to be bound by Peach's Risk Disclosure, which is incorporated into these Terms by reference.

9.2. Incorporation by Reference. The Risk Disclosure published separately by Peach forms an integral part of these Terms and binds you together with these Terms.

9.3. Perpetual Futures Risks. You further acknowledge that perpetual futures trading accessed through the Services (including via Hyperliquid) involves leverage, automatic liquidation, funding rate payments, and other specific risks that may cause rapid and total loss of your margin collateral. Peach does not impose its own leverage limits on perpetual futures trading. The maximum leverage and other trading parameters are determined solely by the applicable third-party platform.

10. Intellectual Property

10.1. Ownership. Peach and its licensors own all right, title, and interest in and to the Services, including without limitation the App, the website, all designs, text, graphics, logos, trademarks, user interfaces, source code, and documentation. All such rights are reserved.

10.2. License to You. Subject to your compliance with these Terms, Peach grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use.

10.3. Restrictions. Except as expressly permitted by these Terms or by applicable law, you shall not reproduce, modify, distribute, publicly display, publicly perform, create derivative works of, reverse engineer, decompile, disassemble, or commercially exploit any portion of the Services without Peach's prior written consent.

10.4. Feedback. You grant Peach a worldwide, perpetual, irrevocable, royalty-free, fully sublicensable and transferable license to use, reproduce, modify, and commercialize any feedback, suggestions, or ideas you provide to Peach, without any obligation or compensation to you.

11. Privacy

The collection, use, disclosure, and retention of your personal information in connection with the Services is governed by the Peach Privacy Policy, which is incorporated into these Terms by reference. You should review the Privacy Policy before using the Services.

12. Disclaimer of Warranties

12.1. "AS IS" and "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION:

  • (a) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
  • (b) WARRANTIES AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICES;
  • (c) WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; OR
  • (d) WARRANTIES AS TO ANY SPECIFIC OUTCOME, INVESTMENT RETURN, OR PROFIT.

12.2. Third Parties. Peach makes no warranty or representation with respect to any Third-Party Protocol, third-party service provider, blockchain network, Turnkey, Hyperliquid, on-ramp or off-ramp provider, or any other third party, and disclaims all liability for the acts, omissions, performance, security, and availability of any such party.

12.3. Informational Content. Interest rates, TVL figures, risk assessments, pricing information, and analytics displayed within the Services are sourced from third parties and are provided for informational purposes only. Peach does not warrant the accuracy, completeness, or timeliness of such information, and you are responsible for independently verifying any information before making transaction decisions.

12.4. No Other Warranties. No oral or written advice or information obtained from Peach or its representatives shall create any warranty not expressly stated in these Terms.

13. Limitation of Liability

13.1. Exclusion of Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PEACH, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, AFFILIATES, EMPLOYEES, AGENTS, OR LICENSORS (COLLECTIVELY, THE "PEACH PARTIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST GOODWILL, LOST DATA, LOSS OF DIGITAL ASSETS, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS, REGARDLESS OF WHETHER THE PEACH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY.

13.2. Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE PEACH PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO PEACH IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

13.3. Non-Waivable Liabilities. The limitations in this Section 13 do not apply to any liability that cannot be excluded or limited under applicable law, including liability for gross negligence, willful misconduct, fraud, or death or personal injury caused by negligence.

13.4. Specifically Excluded Causes. You expressly agree that the Peach Parties shall not be liable for losses arising from, among other things:

  • (a) loss of access to your Private Keys, email account, or social sign-in account;
  • (b) bugs, vulnerabilities, exploits, or failures of any Third-Party Protocol, smart contract, bridge, or Hyperliquid;
  • (c) blockchain network congestion, forks, reorgs, or halts;
  • (d) automatic liquidations, slippage, funding rate payments, or Gas Fee fluctuations;
  • (e) phishing attacks, social engineering, malware, or compromise of your device;
  • (f) incorrect input of addresses or amounts by you;
  • (g) volatility or collapse of the market value of any Digital Asset;
  • (h) regulatory changes restricting the availability or use of the Services or Digital Assets; or
  • (i) force majeure events (Section 18).

13.5. Basis of the Bargain. You acknowledge that the limitations in this Section 13 are essential elements of the bargain between you and Peach, and that Peach would not provide the Services without these limitations.

14. Indemnification

You agree to defend, indemnify, and hold harmless the Peach Parties from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

  • (a) your use of the Services;
  • (b) your breach of these Terms;
  • (c) your violation of any applicable law or the rights of any third party;
  • (d) any false or inaccurate information you provide to Peach;
  • (e) your failure to comply with any tax reporting or payment obligation; or
  • (f) any damage caused to any third party by your willful misconduct or negligence.

15. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT MATERIALLY AFFECTS YOUR RIGHTS. IT CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER.

15.1. Scope. This Section 15 governs any dispute, claim, or disagreement arising out of or relating to these Terms, the Services, or the relationship between you and Peach (each, a "Dispute"), except for the following claims, which are excluded from arbitration:

  • (a) claims seeking injunctive or equitable relief for the infringement or misuse of intellectual property rights; and
  • (b) claims that qualify for, and are brought in, small claims court.

15.2. Informal Resolution. Before commencing arbitration, the party initiating a Dispute must provide the other party with a written notice describing the Dispute and the relief sought (a "Notice"), and the parties shall meet and confer in good faith by telephone, video, or in writing for a period of thirty (30) days following receipt of the Notice. You may send a Notice to Peach at support@peach.technology.

15.3. Arbitration Agreement. If the Dispute is not resolved through informal resolution under Section 15.2, the parties agree that the Dispute shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules (or, in the case of a consumer Dispute, its Consumer Arbitration Rules) then in effect.

15.4. Seat and Language. The seat of arbitration shall be Wilmington, Delaware, United States of America, and the arbitration shall be conducted in English. The parties may agree to conduct hearings by telephone or videoconference, or on a documents-only basis.

15.5. Arbitrator. The arbitrator shall be selected in accordance with the AAA rules. The arbitrator shall have exclusive authority to resolve any question concerning the interpretation, applicability, enforceability, or formation of these Terms, except that the validity and enforceability of the Class Action Waiver in Section 15.6 shall be decided by a court of competent jurisdiction, not by the arbitrator.

15.6. Class Action Waiver. YOU AND PEACH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MASS, OR CONSOLIDATED ACTION OR PROCEEDING. The arbitrator may award relief only in favor of the individual party seeking relief, and only to the extent necessary to provide relief warranted by that party's individual claim. If a court of competent jurisdiction finds this Section 15.6 to be unenforceable as to a particular claim, then that claim (and only that claim) shall be severed and brought in court, while all other Disputes shall remain subject to arbitration.

15.7. Jury Trial Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND PEACH WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

15.8. Governing Law. These Terms and any Dispute shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict-of-law principles, and by the Federal Arbitration Act with respect to the arbitration agreement. Nothing in this Section 15 shall be interpreted to deprive you of the protection of any mandatory consumer protection law of your country of residence that applies to you notwithstanding a choice-of-law clause.

15.9. Arbitration Costs. Filing fees and AAA administrative costs shall be allocated in accordance with the AAA rules. The arbitrator may award the prevailing party reasonable attorneys' fees and costs as permitted by applicable law.

15.10. 30-Day Right to Opt Out. You may opt out of this Section 15 (except Sections 15.1, 15.2, 15.6, and 15.7, which remain in force to the extent applicable under applicable law) by delivering written notice of your decision to opt out to support@peach.technology within thirty (30) days of your first acceptance of these Terms. Your notice must include: (a) your full name, (b) the email address associated with your account, and (c) a clear statement that you wish to opt out of the arbitration agreement. If you opt out, all other provisions of these Terms remain in full force and effect, and Disputes shall instead be resolved in accordance with Section 16.

16. Forum for Non-Arbitrable Disputes

For any Dispute not subject to arbitration under Section 15, or where you have validly opted out of arbitration under Section 15.10, the parties agree to submit to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware, United States, except where mandatory law in your country of residence grants exclusive jurisdiction to the courts of that country, in which case such courts shall have jurisdiction.

17. Modification and Termination

17.1. Modification of Terms. Peach may modify these Terms from time to time. Peach will provide notice of any material modification through the App, by email, or by other reasonable means, at least seven (7) days before the modification takes effect (or at least thirty (30) days in the case of modifications materially adverse to users). Your continued use of the Services after the effective date constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must cease using the Services.

17.2. Termination by You. You may terminate these Terms at any time by discontinuing your use of the Services and deleting your account. Because the Services are non-custodial, your continued access to your Wallet depends on your continued access to your email or social sign-in account and to Turnkey's infrastructure, independent of Peach.

17.3. Termination by Peach. Peach may terminate these Terms and your access to the Services at any time, with or without notice, if:

  • (a) you have breached these Terms;
  • (b) you no longer meet the eligibility requirements in Section 3;
  • (c) termination is necessary to comply with applicable law or regulation; or
  • (d) Peach discontinues the Services in whole or in part for business or technical reasons.

17.4. Survival. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, governing law, forum, and general provisions) shall survive termination of these Terms.

18. Force Majeure

Peach shall not be liable for any delay, failure, or suspension of performance resulting from causes beyond its reasonable control, including without limitation acts of God, war, terrorism, epidemic, civil unrest, governmental order or action, strike, blockchain network failure, fork, reorg, or attack, smart contract exploit, failure of any third-party service provider, outage of internet or telecommunications networks, hacking, or cyberattack.

19. General Provisions

19.1. Electronic Notices. You consent to receive notices, disclosures, and other communications from Peach electronically, including through the App, by email, or by other electronic means. Such electronic communications shall satisfy any legal requirement that such communications be in writing.

19.2. Severability. If any provision of these Terms is held invalid or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be construed or modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

19.3. No Waiver. No failure or delay by Peach in exercising any right under these Terms shall operate as a waiver of such right.

19.4. Assignment. You may not assign or transfer any of your rights or obligations under these Terms without Peach's prior written consent. Peach may assign its rights and obligations under these Terms freely.

19.5. Entire Agreement. These Terms, together with the Privacy Policy, the Risk Disclosure, and any other documents incorporated by reference, constitute the entire agreement between you and Peach regarding the Services and supersede all prior or contemporaneous agreements, whether oral or written.

19.6. Language. These Terms may be made available in English and Korean. In the event of any inconsistency between the two versions, the interpretation more favorable to the user shall prevail.

19.7. Contact. Any questions or notices regarding these Terms may be directed to:

Peach Technology, Inc.

Address: 169 Madison Ave STE 15544 New York, NY, 10016 US
Email: support@peach.technology