Terms of use

General Terms and Conditions

The present terms and conditions regulate the execution of SmartCredit.io (hereinafter referred to as “Platform“), any User’s rights and obligations on the Platform, and the rights and obligations of the Platform.

1. Platform Management

1. The Platform is owned and operated by Decentral Autonomous Blatform Ltd, a British Virgin Islands company (hereinafter referred to as the “Platform Operator“).
2. The active legislation of the British Virgin Islands applies to any agreements or transactions made through the Platform.

2. Access to Services

1. You are not permitted to access the Platform if you are a citizen or resident of, or physically located in, any of the following jurisdictions: Cuba, Iran, Democratic People’s Republic of Korea (North Korea), Syria, the Crimea, Donetsk, and Luhansk regions of Ukraine, or the Russian Federation and Belarus, or any other state, country, or region that is subject to comprehensive sanctions enforced by the U.S. Office of Foreign Assets Control (OFAC), the European Union, or the United Kingdom. You must not use any software or networking techniques, including a Virtual Private Network (VPN), to modify your internet protocol address or otherwise circumvent or attempt to circumvent this prohibition.

3. Registration on the Platform and Creation of a User Account

1. Only registered users who have accepted these Terms and Conditions are deemed to enter into an agreement with the Platform Operator. Only such registered Users are entitled to use the services offered by the Platform, including the opportunity to enter into Loan Agreements with other users acting as either Lenders or Borrowers.
2. In order to submit a Registration Application and to conclude the Agreement, the User must be eligible, and the User shall confirm that, throughout the use of the Platform, according to the following criteria:
   1. a User is a physical person or legal entity in their respective domicile;
   2. if the User is an individual, the User must be at least 18 years old;
   3. no insolvency procedures of the User have been initiated to the best of the User’s knowledge;
   4. cryptocurrencies are legal in the User’s domicile;
   5. pursuant to a judgment that has taken effect, the User does not have limited legal capacity due to disorders of a mental nature.
3. The User shall acknowledge that, at the time of submitting the Registration Application and at the conclusion of the Agreement, he/she is fully legally capacitated and is not under the influence of alcohol, drugs, psychoactive, toxic, or other intoxicating substances.
4. The User shall register on the Platform and confirm the present Terms and Conditions. After the user has been registered, a User’s Account is automatically created on the Platform. Upon registration of the User on the Platform, the Platform assigns a unique User ID number.
   1. In order to activate the account and gain full User access to the Platform and services, the User must go through the KYC procedure. Failure to provide information necessary for the KYC policy may result in the termination of the account.
5. To access and use the User’s Account, the Platform identifies the User by the User’s wallet address.
6. If the User is a legal entity, then the legal entity shall provide all documents to the Platform via email.
7. To use services offered on the Platform, and to enter into Loan Agreements, the User must take the steps prescribed in Section 4 of these Terms and Conditions to enable the Platform to identify the User in accordance with the applicable AML policy.
8. The Platform may reject the registration of a new user on the Platform without giving a reason for rejection.
9. The User’s Account is private, and only the owner of the User’s Account (the User) is authorized to enter into and use it.
   1. The Platform may provide access to third parties in accordance with applicable law or on the basis of a related court ruling.
10. No provision herein shall constitute investment or loan advice or consultation, and in no way shall any Party view the Platform as an investment advisor or a loan intermediary. All Parties confirm that they understand and accept that the Platform is a marketplace that creates an opportunity for the Parties to enter into loan agreements and use crypto-assets (virtual value in the understanding of applicable legislation) as collateral for such agreements.

4. User Identification and Confirmation of Transactions

1. The Platform identifies the User according to the rules of the internal control system and AML policies of the Platform.
2. In order to identify the User sufficiently, the Platform may, at its sole discretion, at any time, upon getting in touch with the User, request additional documents or information confirming the User’s identity and unilaterally determine any additional requirements for the User identification, as well as introduce changes in the User identification process.
3. The present Agreement is considered to have come into force from the moment the User agrees to it and the Platform accepts him/her as a User by creating a corresponding User Account on the Platform.
4. The Registration Application filed in compliance with procedures established in these Terms and Conditions confirms that the User wishes to use the Platform and the services offered therein pursuant to the Agreement provisions.
5. While registering and logging into the User’s Account on the Platform, the User must log in with their wallet address.
6. The User’s activities performed on the Platform after login shall be regarded as the User’s signature or acceptance. All payments, payment orders, instructions, applications, agreements, and other documents confirmed or submitted by the User on the Platform after login shall be binding upon the User and the Platform.
7. If the User’s private key has become known or may have become known to a third party, the User must immediately inform the Platform in writing. Once such information is provided, the Platform shall block access to the User’s Account as soon as possible.
8. The Platform is entitled, but not obliged, to block access to the User’s Account in cases when the Platform suspects that the User’s Account has been accessed without due authorization, including but not limited to: if the Platform suspects that the User’s password has become known or may have become known to a third party, or the Platform has suspicions of the execution of illegal transactions, as well as in other cases at the discretion of the Platform, in order to ensure the safety of services, inviolability, the confidentiality of the User, or to prevent losses that might be inflicted upon the Platform or the Users.
9. The Platform shall be entitled not to approve a transaction if:
   1. the User fails to comply with these Terms and Conditions or the relevant Loan Agreement signed through the Platform;
   2. the Platform has suspicions about the identity of the User, and the Platform has not been able to contact the User to confirm the content of the transaction;
   3. the User’s instruction is unclear or corrupted due to an interruption in communication;
   4. in other cases stipulated in Clause 4.9 herein.

5. Currencies and Transfer of Funds

1. The Platform selects ERC20 cryptocurrencies to be used as collateral for the purpose of the loans.
2. The loans issued through the Platform will be denominated in (Loan Underlying):
   • Ethereum
   • SMARTCREDIT token
3. The loans may also be issued in stablecoins (Loan Underlying):
   • DAI
   • USDC
   • USDT
   • Other stablecoins
4. The Platform is entitled to make changes to the given list of stablecoins at any time in the future. Loans already active shall remain active despite any changes made to this list after the loan was granted.
5. The minimum loan amount that can be granted through the Platform shall be equivalent to 200 USD.
6. The Platform shall not be liable for the inability to transfer funds due to force majeure circumstances, including unforeseeable and uncontrollable changes in the field of electronic payments or crypto-asset turnover, or relevant changes in applicable legislation.
7. The Platform shall be entitled to make deductions from User interest payments in order to ensure that the User’s obligations arising from Loan Agreements are performed, including payment of the Platform’s commission fees and Loss Provision Fund fees.
8. If, at the time of registering a User or during the period of validity of the Agreement, any suspicions arise about money laundering, terrorism financing, or any other illegal activity, the Platform shall be entitled to decline to register the User, decline to accept funds from the User, and/or block the User’s access to the Platform.

6. Entering into Loan Agreements

1. Following the User’s identification, the User shall be entitled to submit a Loan Request by filling out the relevant form.
2. A Borrower wishing to submit a Loan Request must make an appropriate application through the Platform, filling out the provided form and listing the required information, including:
   • Loan Amount;
   • Loan Repayment Date;
   • Additional optional parameters provided by the Loan Agreement form;
   • Provision of the necessary amount of crypto-assets as Loan Collateral.
3. The Lender shall, at their own discretion, define their personal Fixed Income Funds, which invest automatically in Borrowers’ Loan Requests.
4. The Lender and Borrower enter into a Loan Agreement at the moment the funds are transferred from the Lender’s Fixed Income Fund to the Borrower.
5. If no Fixed Income Fund accepts a Borrower’s Loan Request, the Loan Request is terminated.

7. Personal Investment Funds

1. The Platform offers Personal Investment Funds (“PIFs“), a portfolio investment product separate and distinct from Fixed Income Funds. Fixed Income Funds involve peer-to-peer lending to Borrowers, as described in Sections 6 and 20; PIFs involve no Borrower counterparty and instead allocate a User’s assets between a base asset and one or more investment assets according to a pre-defined, automated rebalancing strategy.
2. To create a PIF, a User selects an available Investment Product, sets an allocation between the base asset and investment asset(s), and confirms the transaction from their wallet, which deploys the PIF on-chain. The User then deposits the assets to be invested into the PIF.
3. The Platform does not exercise discretion over, and does not actively manage, any PIF. A PIF operates solely according to the automated rebalancing rules of the Investment Product selected by the User and the allocation set by the User at creation. The Platform does not select investments on the User’s behalf, does not vary a PIF’s strategy once created, and provides no discretionary portfolio management, investment advisory, or similar service.
4. The Platform may add, modify, or discontinue Investment Products available for new PIFs at any time. Changes to available Investment Products do not affect the strategy or fee structure of a PIF already created, unless otherwise stated at the time of the change.

8. Investment Products and Performance Data

1. Each Investment Product available on the Platform defines: a base asset; one or more investment assets; a rebalance strategy and the drift threshold that triggers an automatic rebalance; and a fee structure, as described in Section 10.
2. The Platform may display pre-computed performance data for an Investment Product at different allocation ratios, including metrics such as annualised return, standard deviation, maximum drawdown, Sortino ratio, and Sharpe ratio, over historical periods such as 1, 3, 5, or 10 years.
3. This performance data is historical or modeled and is provided for informational purposes only. It is not a prediction, projection, or guarantee of future performance, and a PIF created using a given Investment Product and allocation may perform materially differently from the displayed data. Past performance is not indicative of future results.

9. Personal Investment Fund Risks

1. You represent and warrant that you understand and accept that a PIF is an investment product and its value may decrease, including to zero, due to market conditions, the performance of the investment assets selected, or the specific allocation and rebalancing strategy chosen. The Platform does not guarantee any return, and you may lose some or all of the assets deposited into a PIF.
2. Automatic rebalancing depends on third-party price feeds, oracles, and on-chain execution outside the Platform’s control. Rebalancing may be delayed, executed at a different price than expected, or fail to execute, due to network congestion, oracle unavailability or delay, market volatility, or other conditions beyond the Platform’s control. The Platform does not guarantee that a rebalance will occur at any particular time or price.
3. A PIF is deployed and operates as an on-chain smart contract, and is subject to the same smart contract, blockchain, and irreversibility risks described elsewhere in these Terms and Conditions.
4. You are solely responsible for selecting the Investment Product and allocation that suit your own risk tolerance and objectives. Nothing in the Platform’s description of an Investment Product, including its performance data, constitutes investment advice, a recommendation, or a suitability assessment. You hereby irrevocably waive, release, and discharge all claims, whether known or unknown to you, against the Platform, its affiliates, and their respective shareholders, members, directors, officers, employees, agents, and representatives related to any of the risks set forth in this Section.

10. Fees for Personal Investment Funds

1. Each Investment Product has its own fee structure, which may include a Sales Fee charged when a PIF is created, a Management Fee applied on an ongoing basis to assets under management, and a Withdrawal Fee charged when assets are withdrawn from a PIF.
2. Fees vary by Investment Product and are displayed to the User before a PIF is created. The User is responsible for reviewing the applicable fee structure before confirming the transaction that creates a PIF.
3. The Platform may change the fee structure applicable to new PIFs at any time. A PIF already created retains the fee structure in effect at the time of its creation, unless otherwise stated.

11. Categories Based Portfolio and Other Portfolio Optimization Tools

1. The Platform provides certain portfolio optimization tools, including the Categories Based Portfolio AI chat interface, free of charge. These tools use mathematical optimization methods (including Markowitz-style optimization) based on historical return, volatility, and correlation data to generate outputs such as suggested category or asset allocations, performance metrics, and correlation data.
2. Outputs generated by these tools, including any AI-generated response, are informational only. They do not constitute investment, financial, or other advice, and are not a recommendation to adopt any particular allocation or strategy. The Platform does not execute any transaction, deploy any fund, or otherwise act on an output generated by these tools; any decision to act on such an output, including by creating a Personal Investment Fund or otherwise, is made solely by the User, at the User’s own discretion and risk.
3. These tools are based on historical data, and historical return, volatility, and correlation relationships between assets or categories may not hold in the future. An allocation optimized against historical data may perform materially differently going forward. AI-generated outputs may also contain errors or inaccuracies. The Platform does not guarantee the accuracy, completeness, or suitability of any output for any particular User.

12. Compare Historical Rates

1. The Platform provides a free tool that displays historical borrowing rate data for the Platform and for third-party DeFi protocols named by the Platform from time to time (which may include, among others, Aave, Compound, and MakerDAO), across selectable assets and timeframes.
2. Rate data for platforms other than SmartCredit.io is obtained from public or third-party sources not controlled by the Platform. The Platform does not guarantee the accuracy, completeness, or timeliness of any such third-party data, and displayed data may differ from the rates actually available on the referenced platform at any given time. Users should verify current rates directly with the relevant third-party platform before making any borrowing or financial decision.
3. References to third-party platforms in this tool are provided solely for informational and comparative purposes. Nothing in this tool constitutes an endorsement, criticism, or other characterization of any third-party platform by the Platform, and the Platform does not warrant the ongoing accuracy of any historical pattern or comparison described or displayed.
4. This tool is based on historical data only. It is not designed to, and does not, predict future interest rates on the Platform or on any third-party platform. Past rate behavior is not indicative of future rate behavior.

13. Protection Agent

1. The Platform provides Protection Agent, a free liquidation risk monitoring tool for DeFi lending positions on supported third-party protocols (which may include, among others, Aave V3, Compound V3, and Morpho, as availability is expanded from time to time). Protection Agent displays a position’s health factor and a modeled liquidation probability derived from collateral volatility, and can send Telegram alerts when a monitored position approaches liquidation.
2. A User may look up the liquidation risk of any public wallet address without connecting a wallet. To receive alerts, a User must connect a wallet, connect a Telegram account, and add one or more positions to monitor. A User may add a wallet address that the User does not own to a monitoring subscription.
3. The liquidation probability displayed by Protection Agent is a statistical estimate modeled from historical collateral volatility. It is informational only and does not constitute advice to add collateral, repay a position, or take any other action.

14. Protection Agent – No Guarantee of Alerts; Third-Party Platform Risk

1. The Platform does not operate, control, or have any relationship with the third-party protocols monitored through Protection Agent. Any loan, position, or liquidation on a third-party protocol is governed entirely by that protocol’s own terms and mechanisms, not by the Platform. The Platform is not a party to, and has no responsibility for, any position or liquidation on a third-party protocol.
2. Alerts are provided on a best-efforts basis only. The Platform does not guarantee that any alert will be sent, will be delivered, will be delivered before liquidation occurs, or will be accurate. Alert delivery depends on third-party infrastructure, including Telegram, and on third-party protocol and on-chain data, all of which are outside the Platform’s control and may be delayed, unavailable, or inaccurate. The Platform does not guarantee continuous or uninterrupted monitoring of any position.
3. Modeled liquidation probability is an estimate and not a guarantee. A position classified in a lower risk tier may nonetheless be liquidated, and a position classified in a higher risk tier may not be. The Platform does not guarantee the accuracy of any health factor, liquidation probability, or risk tier displayed.
4. Where a User adds a wallet address that the User does not own to a monitoring subscription, the Platform has no relationship with, and owes no duty of care or notification to, the owner of that wallet. Only the User who created the subscription is entitled to receive alerts in connection with it.
5. The User remains solely responsible for the health of any monitored position and for taking any action to prevent liquidation on a third-party protocol, regardless of whether, when, or whether accurately an alert is received. Use of Protection Agent does not transfer to the Platform any responsibility for a position held on a third-party protocol, and the Platform bears no responsibility for any liquidation, loss, or damage arising from a position monitored, or intended to be monitored, through Protection Agent.

15. User’s Rights and Obligations

1. The User shall undertake:
   1. not to use the Platform for illicit conduct, including but not limited to fraud and money laundering;
   2. upon registration and when using the Platform, to provide only true information;
   3. to use only secure means and devices of electronic communication and data transfer;
   4. to promptly, and no later than within 3 (three) Business Days, inform the Platform in writing if the User’s name, surname, email address, account number, or other information provided on the Platform changes;
   5. in communication with the Platform, to exercise decency and observe universal moral standards.
2. By accepting these Terms and Conditions, the User asserts that they are capable of making decisions on entering into Loan Agreements.
3. The User is solely responsible if any third party has obtained the User’s private key and accessed the User’s Account due to the User’s negligence.
4. Any User acting as a Borrower under a Loan Agreement acknowledges that they shall not be able to borrow funds in an amount that exceeds the LTV of the crypto-assets provided as collateral.
5. The User shall be personally liable, shall release the Platform from any liability, and shall compensate for any costs, losses, and damages that may occur due to the specifics of the crypto-asset regulations of the User’s home jurisdiction.
6. The User shall be personally liable for any tax obligations arising from their actions on the Platform and shall not hold the Platform responsible for payment of any taxes arising from such actions.

16. Loan Interest and Loan Amount

1. The Borrower must pay the Loan Amount and Loan Interest by the Loan Repayment Date. If this does not occur, Borrower’s Default occurs.

17. Borrower’s Default

1. If the Borrower does not pay the Loan Amount, Loan Interest, plus Service Fees (Borrower’s Obligation) by the Loan Repayment Date, the Borrower will Default.
2. A Defaulted Borrower’s Loan Collateral will be liquidated and exchanged into the Loan Underlying.
3. If the liquidation results exceed the Borrower’s Obligation, the Borrower can claim back the remaining funds via the Platform.
4. If the liquidation results are less than the Borrower’s Obligation, the Borrower’s obligation to pay the Remaining Amount will be transferred from the Lender to the Loss Provision Fund.

18. Borrower’s Collateral Liquidation

1. Any User acting as a Borrower is obligated to personally review cryptocurrency exchange rates to maintain the collateral at a sufficient LTV, and to act accordingly should the collateral value drop below the required level.
2. Should the collateral value drop below the limit set by the Platform, the Platform may (but is not obligated to) notify the Borrower, who will be obligated to remedy the situation in accordance with the signed Loan Agreement.
3. Should the Borrower fail to remedy the situation, the Borrower’s obligation to pay will be transferred from the Lender to the Loss Provision Fund. The Loss Provision Fund is entitled to convert the Loan Collateral to the Loan Underlying of the Loan Agreement, repay the Loan Amount and Loan Interest, retain its Service Fees, and return any remaining funds to the Borrower.
4. If the Borrower’s collateral liquidation results in more than the Loan Amount plus Loan Interest plus Service Fees, the Borrower can claim back the remaining funds after the Loan Repayment Date.
5. If the Borrower’s collateral liquidation does not cover the Loan Amount plus Loan Interest plus Service Fees, the Borrower’s loan remains open for the Remaining Amount. Interest continues to accumulate on the Remaining Amount until the Borrower pays it to the Loss Provision Fund. The Borrower’s loan will be closed once all obligations are fulfilled.

19. Loss Provision Fund

1. The Loss Provision Fund is managed by the Platform.
2. The Borrower shall pay a Service Fee to the Loss Provision Fund for every Loan Agreement.
3. If the Borrower’s Collateral Liquidation does not cover the Loan Amount and Loan Interest, the Loss Provision Fund will cover the missing amount.
4. If the Borrower Defaults, the Borrower’s obligation to pay the Remaining Amount will be transferred from the Lender to the Loss Provision Fund.
5. If the Borrower’s Collateral Liquidation does not cover the Loan Amount, Loan Interest, and Service Fees, the Borrower’s obligation to pay the Remaining Amount will be transferred from the Lender to the Loss Provision Fund.
6. If the Borrower pays the Remaining Amount, the loan will be closed.
7. The Loss Provision Fund has the right to sell its claims against the Borrower to loan liquidation companies.

20. Lender

1. The Lender defines their personal Fixed Income Funds and deposits assets into them.
2. The Lender enters into Loan Agreements with the Borrower automatically after the Platform matches Loan Requests with Fixed Income Funds and transfers the funds from the Lender’s Fixed Income Fund to the Borrower.

21. Service Fees of the Platform

1. The Borrower shall pay a Service Fee to the Platform.
2. The Borrower shall pay a Service Fee to the Loss Provision Fund for loss provisions.
3. In the case of Borrower’s Collateral Liquidation, the Platform may charge a conversion fee.
4. In the case of Borrower’s Default, the Loss Provision Fund may charge late payment fees.

22. Ethereum Gas Charges

1. Some Services involve the use of the Ethereum Blockchain, which may require you to pay a fee, commonly known as “Ethereum Gas Charges,” for the computational resources required to perform a transaction on the Ethereum Blockchain. You acknowledge and agree that the Platform has no control over:
   1. any Ethereum Blockchain transactions;
   2. the calculation or method of payment of any Ethereum Gas Charges;
   3. any actual payments of Ethereum Gas Charges. Accordingly, you must ensure that you have a sufficient balance of Ether stored at your Ethereum Address to complete any transaction on the Ethereum Blockchain before initiating such a transaction.

23. No Broker, Legal or Fiduciary Relationship

1. The Platform is not your broker, lawyer, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you regarding any decisions or activities you undertake when using the Platform.
2. Neither our communications nor any information we provide to you is intended as, or shall be considered or construed as, advice.

24. Liability

1. The User shall be held liable for all losses incurred as a result of unauthorized conduct if the User has acted illicitly, intentionally (on purpose), or due to gross negligence failed to fulfill the requirements prescribed in these Terms and Conditions.
2. The User shall assume liability for all losses, assumed commitments, or other activities carried out on the User’s Account until the Platform has been warned about situations stipulated in these Terms and Conditions and has had sufficient time to block access to the User’s Account.
3. The Platform shall be fully released from any liability towards the User for any losses that the User has or might suffer as a result of using the Platform, including:
   1. if the User fails to uphold their obligations under the Loan Agreement;
   2. if the User has failed to observe the Agreement provisions;
   3. as a result of the illicit conduct of third parties, until the moment the User’s Account is blocked pursuant to procedures established by these Terms and Conditions;
   4. due to interrupted communications and other interruptions or obstacles not dependent on the Platform;
   5. if, pursuant to these Terms and Conditions, the User’s access to the User’s Account has been blocked;
   6. due to the User infringing the Loan Agreement or the User’s illicit conduct;
   7. due to the specifics of the legal regulation of the User’s home jurisdiction regarding crypto-asset turnover or taxation.

25. Your Assumption of Risks

1. You represent and warrant that you:
   1. know, understand, and accept the risks associated with your Ethereum Address(es), Ethereum Private Key(s), the Ethereum Blockchain, and Ether;
   2. accept the risks associated with Borrower’s Collateral Liquidation, and are responsible for conducting your own independent analysis of the risks specific to any Loan Request. You hereby assume, and agree that the Platform will have no responsibility or liability for, such risks. You hereby irrevocably waive, release, and discharge all claims, whether known or unknown to you, against the Platform, its affiliates, and their respective shareholders, members, directors, officers, employees, agents, and representatives related to any of the risks set forth herein.

26. User’s Personal Data

1. The Platform is entitled to process all of the User’s personal data received from the User in accordance with the Privacy Policy available for review at smartcredit.io/privacy-policy. By entering into the present Agreement, the User also accepts the provisions of the Privacy Policy.
2. The purpose of processing the User’s personal data is keeping User records, offering, rendering, and maintaining services, financial and statistical analysis, and exercising and protecting the rights of the Platform and/or User arising from the Agreement.
3. The crypto credit score used by the Platform is provided by a third-party analytics provider, chainaware.ai. The credit score is informational and does not guarantee the creditworthiness or repayment behaviour of any User; the Platform, not the third-party provider, makes the final lending decision.

27. Termination of the Agreement

1. The Platform is entitled to restrict the User’s right to use the Platform and/or terminate the present Agreement and delete the User’s Account without warning if:
   1. the User breaches these Terms and Conditions or the Loan Agreement, or otherwise illicitly uses the Platform;
   2. the User has provided false or misleading information or counterfeit documents;
   3. the Platform suspects money laundering, terrorism financing, or an attempt to do so, involving the User or the User’s Account.
2. The Platform has the right to unilaterally terminate the Agreement at any time.

28. Conduct in Case of the Platform Operator’s Insolvency

1. In case the Platform Operator becomes insolvent, the conclusion of new Loan Agreements on the Platform shall be immediately stopped.
2. In case the Platform Operator becomes insolvent, Users shall be given complete information from the Platform’s database about the transactions concluded on the Platform.

29. Other Terms and Conditions

1. All transactions on the Platform are executed in the crypto-assets set out in Sections 5.1, 5.2, and 5.3.
2. To develop and improve the services offered on the Platform, the Platform is entitled to introduce unilateral amendments to these Terms and Conditions. If the User continues to use the Platform, this is considered acceptance of the amended Terms and Conditions.
3. The Platform is entitled to unilaterally amend the price of its Service Fees at any time, including to determine new commission fees, at the Platform’s sole discretion.
4. The Parties shall undertake not to divulge to any third parties information that derives from the present Agreement, except as prescribed by law or in cases established in the Agreement.
5. These Terms and Conditions are binding until the moment all commitments of the User originating from Loan Agreements have been fully met.
6. These Terms and Conditions are drawn up in English.

DISCLAIMER

THE BORROWING/LENDING SERVICES AT THE PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE PLATFORM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, AND INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE PLATFORM BEARS NO RESPONSIBILITY IN THE CASE OF LIQUIDATIONS. IN ADDITION, THE PLATFORM MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE PLATFORM OR ANY INFORMATION REQUESTED OR OBTAINED THROUGH THE USE OF THE PLATFORM, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM, AND ANY INFORMATION REQUESTED OR OBTAINED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATIONS

WHERE PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE PLATFORM OR ANY OF ITS SERVICE PROVIDERS, SUPPLIERS, OR REPRESENTATIVES (INCLUDING DIRECTORS AND EMPLOYEES) BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY: (A) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT, OR LOSS OF DATA OR DIMINUTION IN VALUE, OR (B) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, ARISING FROM YOUR USE OF THE PLATFORM, REGARDLESS OF WHETHER YOU OR SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THE PLATFORM’S AGGREGATE LIABILITY UNDER THESE TERMS OF USE WILL NOT EXCEED ONE HUNDRED US DOLLARS ($100).

30. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the British Virgin Islands, without regard to its conflict of law principles.

Any dispute, controversy, or claim arising out of or relating to this Agreement, including its formation, interpretation, breach, or termination, shall be finally resolved by arbitration administered under the arbitration rules of the British Virgin Islands International Arbitration Centre (BVI IAC), by a sole arbitrator, seated in the British Virgin Islands, with proceedings conducted in English. The arbitrator’s decision shall be final and binding on both parties, and judgment on the award may be entered in any court of competent jurisdiction.