Terms of Service

1.1. You must be at least 18 years of age to use the Services.

1.2. By using the Services, you represent and warrant that you: (a) are at least 18 years old; (b) have the legal capacity to enter into these Terms; (c) are not located in, incorporated in, or a citizen or resident of any jurisdiction where use of the Services would be prohibited by applicable law or regulation; and (d) are not identified on any sanctions list maintained by the U.S. Office of Foreign Assets Control ("OFAC"), the United Nations, the European Union, or any other applicable governmental authority.

1.3. The Services are not available to persons or entities located in, organized in, or residents of any country or territory subject to comprehensive U.S. sanctions, including but not limited to Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine (collectively, "Restricted Territories"). We reserve the right to restrict access from additional jurisdictions at our sole discretion.

2.1. Peach provides a mobile application that enables users to interact with decentralized finance ("DeFi") protocols on supported blockchain networks. The Services include:

(a) Token Trading: The ability to swap digital assets across supported EVM-compatible networks in a single transaction, including cross-chain swaps;

(b) Yield Deposits: The ability to deposit digital assets into third-party DeFi yield-generating protocols through simplified, bundled transactions;

(c) Perpetual Futures Trading: The ability to access perpetual futures markets through integrated third-party platforms (such as Hyperliquid);

(d) Protocol Analytics: Information and analysis regarding yield pools, including historical interest rates, total value locked ("TVL"), and risk assessments.

2.2. Peach is a non-custodial application. We do not hold, control, or have access to your private keys or digital assets at any time. Your wallet is generated and secured through Turnkey's wallet infrastructure, with private key signing performed exclusively on your local device. Peach cannot initiate, authorize, or execute transactions on your behalf without your explicit on-device approval.

2.3. Peach facilitates interactions with third-party protocols and smart contracts. We do not own, operate, or control these third-party protocols, and we are not responsible for their functionality, security, or availability.

3.1. To use the Services, you must create an account by authenticating through a supported method (email OTP, Apple Sign-In, or Google Sign-In).

3.2. You are solely responsible for maintaining the security of your account credentials and any devices used to access the Services. You agree to notify us immediately of any unauthorized access to or use of your account.

3.3. We reserve the right to suspend or terminate your account at any time, with or without cause, and with or without notice.

4.1. Upon account creation, a blockchain wallet is generated for you through Turnkey's infrastructure. Your private keys are stored securely and are accessible only through your local device. Peach does not have access to, and cannot retrieve, your private keys.

4.2. Transactions initiated through the Services may involve account abstraction technologies (EIP-7702 and EIP-4337) to bundle multiple operations into a single transaction and to sponsor gas fees. While Peach may sponsor gas fees for certain transactions, we reserve the right to modify or discontinue gas sponsorship at any time.

4.3. Transaction bundling is facilitated through third-party routing infrastructure (including Enso). While we endeavor to provide accurate transaction previews, the final outcome of any transaction is determined by on-chain execution and may differ from estimates due to price slippage, network congestion, or other factors.

4.4. All blockchain transactions are irreversible once confirmed on-chain. Peach cannot reverse, cancel, or modify any confirmed transaction.

5.1. Peach may charge fees for certain Services, including but not limited to token trading and perpetual futures trading. Applicable fee rates will be disclosed within the App prior to transaction execution.

5.2. Fee schedules are subject to change. We will provide reasonable notice of material changes to fee structures through the App or other appropriate communication channels. Your continued use of the Services following any fee change constitutes acceptance of the updated fees.

5.3. In addition to Peach's fees, you may incur fees charged by third-party protocols, bridges, or networks. Such third-party fees are not controlled by Peach and are your sole responsibility.

6.1. General Risk. Digital assets and DeFi protocols involve substantial risk of loss. The value of digital assets is highly volatile and may decline to zero. You should not use the Services with funds you cannot afford to lose.

6.2. Smart Contract Risk. The third-party protocols accessible through the Services rely on smart contracts that may contain bugs, vulnerabilities, or design flaws. Exploits, hacks, or failures in these smart contracts may result in partial or total loss of your deposited assets.

6.3. Leverage and Liquidation Risk. Perpetual futures trading involves leverage, which amplifies both potential gains and potential losses. Positions may be liquidated automatically if margin requirements are not met, resulting in significant or total loss of collateral.

6.4. Protocol and Counterparty Risk. Third-party protocols may become insolvent, be exploited, change their terms, or cease operations without notice. Peach does not guarantee the performance, security, or continued availability of any third-party protocol.

6.5. Bridging and Cross-Chain Risk. Cross-chain transactions involve additional risks, including bridge exploits, delays, and potential loss of assets during transfer.

6.6. Regulatory Risk. The regulatory environment for digital assets is evolving. Changes in applicable laws or regulations may adversely affect the availability of the Services or the value of your digital assets.

6.7. No Guarantee of Returns. Historical yield rates displayed in the App are not indicative of future performance. Yields may decline, and principal is not guaranteed.

6.8. You acknowledge and accept all risks associated with the use of the Services and agree that Peach shall not be liable for any losses arising from such risks.

7.1. You agree not to use the Services to: (a) violate any applicable law, regulation, or these Terms; (b) engage in money laundering, terrorist financing, or other financial crimes; (c) circumvent any access restrictions, including geographic restrictions; (d) interfere with or disrupt the integrity or performance of the Services; (e) use any automated means (bots, scrapers, or similar) to access the Services without our prior written consent; (f) engage in market manipulation, wash trading, or other deceptive trading practices; or (g) access the Services from a Restricted Territory.

8.1. The Services, including all content, features, and functionality (including but not limited to the App's design, text, graphics, logos, and software), are owned by Peach or its licensors and are protected by copyright, trademark, and other intellectual property laws.

8.2. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes in accordance with these Terms.

9.1. Your use of the Services is subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand our practices regarding the collection and use of your information.

10.1. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2. PEACH DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10.3. PEACH DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PROTOCOL, SMART CONTRACT, OR SERVICE ACCESSIBLE THROUGH THE APP.

10.4. THE ANALYTICS, RISK ASSESSMENTS, AND INFORMATION PROVIDED THROUGH THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE FINANCIAL, INVESTMENT, TAX, OR LEGAL ADVICE. YOU SHOULD CONSULT QUALIFIED PROFESSIONALS BEFORE MAKING ANY FINANCIAL DECISIONS.

11.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PEACH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF DIGITAL ASSETS, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES.

11.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PEACH'S TOTAL AGGREGATE LIABILITY 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 PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

11.3. THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER PEACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.1. You agree to indemnify, defend, and hold harmless Peach and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) your violation of any rights of a third party.

13.1. Informal Resolution. Before initiating any formal dispute resolution, you agree to first contact us at support@peach.technology to attempt to resolve any dispute informally. We will endeavor to resolve the dispute within thirty (30) days of receiving your notice.

13.2. Binding Arbitration. If a dispute cannot be resolved informally, you and Peach agree to resolve it through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration will be conducted in English, and the seat of arbitration shall be Wilmington, Delaware.

13.3. Class Action Waiver. YOU AND PEACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

13.4. Exceptions. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights.

14.1. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

15.1. We reserve the right to modify these Terms at any time. Material changes will be communicated through the App or via the contact information associated with your account. Your continued use of the Services after such modifications constitutes acceptance of the updated Terms.

15.2. If you do not agree with the modified Terms, your sole remedy is to discontinue use of the Services.

16.1. You may terminate your use of the Services at any time by ceasing to use the App. Note that because the Services are non-custodial, your wallet and any on-chain assets remain accessible to you through your private keys independently of Peach.

16.2. We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice.

16.3. Sections 6, 10, 11, 12, 13, 14, and any other provisions that by their nature should survive, shall survive any termination of these Terms.

17.1. Entire Agreement. These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Peach regarding the Services.

17.2. Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

17.3. Waiver. The failure of Peach to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

17.4. Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Peach may assign its rights and obligations without restriction.