Liability disclaimer and limitation

§ 01

1. Why this document is written this way

A clause purporting to exclude all liability would contain, by construction, wilful misconduct and gross negligence. Swiss law renders void any stipulation releasing a party in advance from those two, and consumer law sets aside terms that limit a customer’s rights inappropriately. An over-broad clause is therefore not more protective: it invites being set aside, sometimes in full.

This document aims at enforceability, not at maximum exclusion. It proceeds in six tiers, in this order: what is described, what is owed, what falls outside the service, what is never excluded, what is capped, and the case of the third parties we rely on. The order is not decorative: it puts the weight on what we owe before what we limit.

No sentence in this document purports to set liability aside wholesale, to cover every imaginable cause, or to sweep negligence in with the rest. Those formulas swallow wilful misconduct and gross negligence and weaken everything else; their absence is deliberate and checked automatically at every publication.

§ 02

2. Tier 1: what we describe, and what can be checked

What follows is not a limitation of liability: these are architectural facts, each verifiable independently of what this contract asserts.

• You alone hold your keys. We do not hold, generate, back up or reconstitute any private key, recovery phrase, cryptographic share or co-signing capability.
• In SEMI-AUTO mode, you alone sign: no transaction leaves without your approval, in your own wallet.
• In FULL AUTO mode, nothing executes outside the policy envelope you signed: caps per operation, per day and cumulative, named chains and contracts, expiry. We can neither widen it, nor extend it, nor reactivate it after revocation; only you can, with a new signature.
• We have no technical means of moving your assets, whether lastingly or momentarily.
• We never receive your assets. The only amount paid to us is the subscription price.
• You can revoke at any moment your sessions, devices, permissions and declared addresses, without our agreement.

§ 03

3. Tier 2: what we actually warrant

Defining positively what is owed is stronger, and more honest, than negatively excluding what is not. Here is what we undertake.

• The software works as described in article 3 of the terms of service and in the documentation in force on the date you subscribed.
• We fix defects reported to us or found by us, within a reasonable time proportionate to their severity, and we inform you of the security fixes that concern you.
• We maintain the service: monitoring, tested backups, fixes, publication of incidents. If the analysis service is unavailable through our own fault for more than seven consecutive days, the corresponding fraction is refunded to you on request.
• We do not reduce a function, a quota or a scope without a written reason, without notice and without giving you the right to cancel with a refund of the unused balance.
• We never block the export of your data, the revocation of your access, your access to your wallets or your cancellation, whatever the state of the account.
• This is a best-efforts obligation, defined by verifiable commitments. We take on no obligation of result relating to a market, an eligibility or an allocation: no one can hold such a commitment, and making it would be the first lie in the contract.

§ 04

4. Tier 3: what falls outside the service

The items below are not waivers you would be granting: they delimit the very object of what is sold to you. They therefore do not fall under the regime of exclusion clauses, and they are listed so that the perimeter is stated rather than assumed.

• The evolution of an asset’s value, and the economic outcome of your operations.
• Your decision to commit funds, to sign or not to sign a transaction, to choose an operating mode, and the content of the policy envelope you sign: caps, chains, contracts, duration.
• The behaviour of a third-party protocol, platform, issuer or network: rule changes, postponement, restriction, exclusion, interruption, failure, or shutdown.
• The non-allocation of a campaign, distribution or reward by a third party, for whatever reason.
• The loss, disclosure or compromise of your keys, recovery phrases or devices.
• A transaction you sign outside the product, or a signature made on a third-party interface.
• The tax treatment of your operations and the consequences of a return you file.
• The unavailability of a public blockchain network, of an explorer or of a public data source.

§ 05

5. Tier 4: what is never excluded

This clause is written in so many words because its absence would weaken everything else in the document.

• Our liability for wilful misconduct and for gross negligence is not excluded and cannot be: Swiss law renders void any stipulation releasing a party in advance from those two. No limitation in this document applies to them, including the cap in article 6.
• Our liability in case of harm to life, bodily integrity or health is neither excluded nor limited.
• Nothing in this document restricts the rights applicable mandatory law gives you, in particular if you contract as a consumer. Where a clause would be less favourable than that law, that law applies.
• Our data-protection obligations are neither limited nor excluded by this document; they follow the privacy policy and applicable law.
• If a clause of this document were held unenforceable, it would be reduced to what is permissible and the other clauses would remain in force. That severability is express: it prevents an over-broad wording from bringing the whole down.

§ 06

6. Tier 5: cap on liability

For damage that falls neither under article 5 nor under tier 3, and subject to applicable mandatory law, our contractual liability is capped at the total of the amounts you actually paid us for the subscription during the twelve months preceding the triggering event.

The cap is tied to an objective, verifiable magnitude, what you paid, rather than to an arbitrary figure. Two reasons: it stays proportionate to the price of software sold by subscription, and it depends on no interpretation.

The cap does not apply to wilful misconduct, to gross negligence, to harm to life or bodily integrity, or where mandatory law sets it aside. Nor does it apply to refunds due under the refund policy: a refund is not compensation, it is the return of a price paid for a service that was not supplied.

This cap will be reviewed with legal counsel and tested against insurance cover before commercial launch. A cap the publisher could not honour is a cap that will be set aside; we would rather announce that than discover it.

§ 07

7. Tier 6: the third parties we rely on

Running the service requires auxiliaries: a host, blockchain access providers, a payment provider, an e-mail sending service, providers of artificial-intelligence models and of public data.

Our liability for the acts of those auxiliaries is excluded to the extent permitted by applicable law, and that exclusion never extends to our own wilful misconduct or our own gross negligence, in particular in selecting, configuring or supervising the auxiliary.

In exchange we undertake to do two concrete things: to inform you without delay when an auxiliary’s failure affects you, and to pursue, or assign to you where legally possible, the recourse available to us against it.

The named list of our processors and the location of their processing are in the versioned annex to the privacy policy.

§ 08

8. What this document does not do

• It does not deny our role. We design this software, we operate it, we update it and we invoice it: writing that automated processing acts in our place would be false, and a clause resting on a false fact protects nothing.
• It does not shift the burden of a danger by the mere effect of your acceptance. Confirming that you were informed proves the information; it does not convert our fault into your responsibility.
• It does not legally qualify the service or its regulatory regime, and asserts neither compliance nor absence of scope.
• It does not restrict your right to go to court, nor your right to bring a matter before a competent data-protection or mediation authority.

§ 09

9. Complaints

If you consider that a loss is attributable to us, write to support describing the facts, the date and what you are asking for. We acknowledge receipt, state a handling time and answer in writing, giving reasons for a refusal where applicable.

This prior step is not a condition of your right to go to court and suspends no time limit applicable to you.