Terms of Service
Governing use of the Yieldz platform, wallet, and investment features
1. Acceptance of These Terms
These Terms of Service govern use of the Yieldz mobile application, web application, and related services (together, the "Platform"), including the self-custodial wallet available to every account and the investment features available to verified investors. By creating an account, you agree to these Terms and to the Privacy Policy, which is incorporated by reference, and you acknowledge that you have received the Privacy Notice.
Acceptance occurs at the point of account creation: the sign-up screen requires you to check a box agreeing to these Terms and the Privacy Policy and acknowledging receipt of the Privacy Notice, with each presented as a direct link beside the box. The account cannot be created until the box is checked. If you do not agree, do not create an account or otherwise use the Platform.
2. Eligibility
The Platform is available only to individuals eighteen years of age or older, or the age of legal majority in their jurisdiction of residence if higher, who are capable of forming a binding contract, and who are not barred from using the Platform under the laws of the United States. The Platform is offered only within the United States; Yieldz makes no representation that it is accessible or appropriate for use elsewhere. Additional eligibility requirements apply to investment features and are described in the Investor Terms and Conditions.
3. What the Platform Provides
The Platform provides two related sets of features:
- A self-custodial digital asset wallet, available to any account in good standing, described fully in the Custody Model document maintained by Yieldz.
- Access to invest in securities offerings listed by participating organizations, available only to accounts that complete the additional verification described in the Investor Terms and Conditions.
Yieldz is a technology platform. It is not the issuer of any security offered through it, does not act as a broker-dealer, transfer agent, or custodian in the traditional sense of those terms, and does not provide investment, legal, or tax advice.
4. Your Account
You are responsible for the accuracy of the information you provide, for maintaining the confidentiality of your credentials, and for all activity that occurs through your account. You agree to notify Yieldz promptly of any unauthorized access. Yieldz may require identity verification as a condition of account access, decline to open an account, or restrict or close an existing one, consistent with the eligibility and compliance requirements described elsewhere in these Terms.
5. Your Wallet
Every account includes a self-custodial wallet. Access to the wallet requires both a key share held on your device and a key share held by Yieldz; neither party can act without the other. You are solely responsible for maintaining access to your device and any recovery materials associated with your account. Yieldz cannot recover assets in a wallet if you lose access to both your device and your recovery materials, and has no obligation to do so.
6. Investing Through the Platform
Investment features are available only to accounts that complete identity and accreditation verification, and are governed by the Investor Terms and Conditions in addition to these Terms. By using any investment feature, you agree to the Investor Terms and Conditions and acknowledge the Risk Disclosure, both incorporated by reference.
7. Fees
Yieldz charges a platform fee, expressed as a percentage, on transactions on the Platform. The fee is currently 0%. The fee that applies to a transaction is shown to you before you complete it, and a change takes effect only for later transactions. Fees are described in the Token Purchase, Redemption, and Withdrawal Policy and, where applicable, the Refund and Cancellation Policy.
8. Prohibited Conduct
You agree not to:
- use the Platform for any unlawful purpose, or in a way that violates any applicable securities, commodities, or anti-money-laundering law;
- attempt to manipulate the price, supply, or availability of any token, or engage in market manipulation or fraud in connection with any transaction;
- misrepresent your identity, your eligibility, or your authority to act on behalf of another person or entity;
- attempt to gain unauthorized access to the Platform, another user's account, or any system connected to it;
- interfere with the proper operation of the Platform, including through a denial-of-service attack, malicious code, or automated scraping;
- circumvent, disable, or attempt to defeat any verification, eligibility, or security control described in these Terms or elsewhere in Yieldz's published policies; or
- use the Platform to transmit content that is unlawful, infringing, or fraudulent.
A violation of this section may result in restriction or termination of your account, in addition to any other remedy available to Yieldz.
9. Third-Party Services
The Platform relies on independent third parties for specific functions: identity and business verification, accredited-investor verification, document signing, and fiat on-ramp services, among others. These parties act on their own behalf as well as, in some cases, on behalf of Yieldz, and Yieldz is not responsible for their independent acts or omissions. Your use of a third-party service accessed through the Platform may be subject to that provider's own terms, which you are responsible for reviewing.
10. No Investment Advice
Nothing on the Platform constitutes investment, legal, accounting, or tax advice, or a recommendation to buy, sell, or hold any asset. Yieldz does not evaluate the suitability of any offering for any particular investor. You are solely responsible for your own investment decisions and are encouraged to consult your own professional advisors before investing.
11. Intellectual Property
The Platform and its content, including all software, text, graphics, and design, are owned by Yieldz or its licensors and are protected by applicable intellectual property law. You may use the Platform only for its intended purpose and may not copy, modify, distribute, or create derivative works from it except as necessary to use it as intended.
12. Disclaimer of Warranties
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, YIELDZ DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YIELDZ DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY BLOCKCHAIN NETWORK THE PLATFORM RELIES ON WILL OPERATE WITHOUT DISRUPTION.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, YIELDZ AND ITS OFFICERS, EMPLOYEES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR DIGITAL ASSETS, ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION DOES NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, OR TO LIABILITY ARISING FROM YIELDZ'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
14. Indemnification
You agree to indemnify and hold harmless Yieldz, its officers, employees, and service providers from any claim, liability, or expense, including reasonable attorneys' fees, arising from your violation of these Terms or your misuse of the Platform.
15. Dispute Resolution and Arbitration
Any dispute arising from these Terms or your use of the Platform will be resolved through binding individual arbitration rather than in court, except that either party may bring an individual claim in small claims court where it qualifies. You and Yieldz each waive the right to a jury trial and to participate in a class action. Arbitration will be seated in Texas, where Yieldz's operations are based. This section is governed by the Federal Arbitration Act.
16. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law principles, except where the Federal Arbitration Act applies as described above.
17. Term and Termination
These Terms remain in effect for as long as you maintain an account. Yieldz may suspend or terminate your account, with or without notice, for a violation of these Terms, a compliance requirement described elsewhere in Yieldz's published policies, or at Yieldz's discretion. Termination does not affect your ownership of assets already held in your self-custodial wallet, and does not relieve either party of obligations that by their nature survive termination, including Sections 12 through 16.
18. Changes to These Terms
Yieldz may update these Terms from time to time. A material change will be disclosed through the Platform before it takes effect. Continued use of the Platform after a change takes effect constitutes acceptance of the revised Terms.
19. Notices
Yieldz may provide notices under these Terms by posting on the Platform, through your account, or to the email address on file, consistent with the Electronic Delivery provisions of the Investor Terms and Conditions.
20. Entire Agreement; Severability
These Terms, together with the Privacy Policy, the Investor Terms and Conditions, the Risk Disclosure, and any other policy referenced in them, constitute the entire agreement between you and Yieldz regarding the Platform. If any provision is found unenforceable, that provision will be limited to the minimum extent necessary and the remainder will continue in full force.
21. Contact
Questions about these Terms may be directed to legal@yieldz.net.