⚪Terms of Service

Terms of Service Agreement

Last updated: January 28, 2024

Welcome. You agree and understand that by accessing or using the Shush Finance LLC’s (“HShush Finance”) website, you are agreeing to enter into this terms of service agreement, and any terms and conditions hereunder, which includes the Shush Finance Privacy Policy, incorporated herein by reference, which governs the terms of service by and between you and Shush Finance, and to be legally bound by its terms and conditions. (“Agreement”)

Shush Finance own and operates this website, https://www.shush.fi, other websites we own (collectively, the “Sites”), transactional services we facilitate, other products, functionality, and staking services, offered on or through our online services that link to this Agreement (collectively, the “Services”). Please note that there may be specific terms or conditions in this Agreement applicable to you as a user in a given jurisdiction, as detailed herein. Your use of our Services is subject to you complying with and agreeing to the terms and conditions set out herein in their entirety.

Use of the words “we”, “us” or “our” herein refers to Shush Finance. “You”, “your” and “user” refers to any individual who accesses the Services. If you access the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these this Agreement and, in that case, “you”, “your” or “user” will refer to that entity.

By accessing the Services, or by acknowledging your agreement to this Agreement, you agree that you have read, understood, comply with and agree to this Agreement. You further agree that the defined terms used in this Agreement, if defined in the Privacy Notice, shall have the meanings set forth herein. In the circumstance where any of the Services are subject to additional terms or agreements to this Agreement, in the event of conflict, the provisions of the additional terms or agreements shall prevail.

Please read this Agreement carefully. Feel free to print and keep a copy but please understand that we reserve the right to change any of the terms and conditions of at any time. The latest version of this Agreement, with its date of update, can be always found on this page. You agree and understand that by accessing or using the Services following any change to the this Agreement your access or use of the Services shall constitute your agreement to the amended Agreement, and you agree to be legally bound by its terms and conditions as amended. You should, therefore, read the this Agreement from time to time. In the event that you do not agree with any such amended terms and conditions, your sole and exclusive remedy is to cease your use of the Services.

IF ANY TERM OR CONDITION OF THIS STAKING AGREEMENT IS UNACCEPTABLE TO YOU, YOU SHOULD NOT ACCESS THE SERVICES.

Transactions

A transactional related event accessed by the Services, such as a “swap”, “send” or “cross-chain swap”, requires the use of cryptocurrency, digital tokens or digital assets (“Digital Assets”) (collectively “Transaction”). Transactions occur on a blockchain, which is a distributed ledger with growing lists of records, known as blocks, that are securely linked together via cryptographic hashes (collectively “Blockchain”). In order for a Transaction to complete it must be confirmed and recorded on its associated Blockchain. Blockchains are decentralized, peer-to-peer networks supported by independent third parties, which we do not own, control, or operate. By accessing the Service, you acknowledge and agree that any Transaction may not be completed, or may be substantially delayed.

The Services do not store, transfer, transmit, convert, broker, hold, escrow, mint, mine, or otherwise interact with any Digital Assets, security, financial instruments, or other digital or physical assets. The performance of all Transactions occurs on third-party platforms and are subject to their associated third-party terms.

WE DO NOT GUARANTEE THAT ANY TRANSACTION WILL BE PROCESSED AND CONFIRMED, OR THAT WE CAN AFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY DIGITAL ASSETS. YOU ACCEPT AND ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THAT YOU MAKE IN CONNECTION WITH ANY TRANSACTION AND RELATED DIGITAL ASSETS WHEN USING Shush Finance.

We strongly encourage you to review any order details carefully when accessing the Services.

iFrame Integration

You agree and understand that by accessing or using our inline frame (“iFrame”), you are agreeing to the terms herein. If any term or condition of this Agreement is unacceptable to you, you must not use our iFrame. If you would like to integrate our iFrame you will need to contact us. Please feel free to contact us by clicking the link below.

Third-Party Services

We engage with third-party providers, such as cryptocurrency exchanges, who provide products and services, and which may include the use of third-party APIs, over which we have no direct or indirect control (“Third-Party Service”). Third-Party Services are governed by their respective terms and conditions. Such terms and conditions may include separate fees and charges, as well as disclaimers or risk warnings on the accuracy of the information or the services they individually provide which may include a privacy policy that differs from our Privacy Notice. You should read and understand the terms and conditions of Third-Party Services, including how they may collect and use your personal information. The respective terms and conditions of Third-Party Services also govern other matters, including but not limited to their eligible use requirements, restrictions on certain localities, Prohibited Users hereunder, or any other eligibility-related terms. As a result, your access to certain aspects of the Services may be restricted by those third-party providers.

YOU AGREE AND UNDERSTAND THAT TRANSACTIONS ARE NOT PROVIDED BY US. YOU ACCEPT THEY ARE THE SOLE RESPONSIBILITY OF THIRD-PARTY PROVIDERS. WE DO NOT ACCEPT ANY RESPONSIBILIITY FOR ANY SERVICES, ACTIONS, OR ACTIVITIES CONDUCTED BY THIRD-PARTY PROVIDERS.

You hereby acknowledge that Third-Party Services are the sole responsibility of the third-party providers providing them. You hereby expressly release us from any liability arising from the use of any Third-Party Service, third-party website, or content and any resulting harm, loss, or damage.

Third-Party Resources and Promotions

The Services may contain references or links to third-party resources, including, but not limited to, information, materials, products, or services, that we do not own or control. In addition, third-parties may offer promotions related to your access and use of the Services. We do not endorse or assume any responsibility for any such resources or promotions. If you access any such resources or participate in any such promotions, you do so at your own risk, and you understand that this Agreement does not apply to your dealings or relationships with any third parties. You expressly relieve us of any and all liability arising from your use of any such resources or participation in any such promotions.

Compliance

The Services may not be available or appropriate for use in all jurisdictions. By accessing or using the Services, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you. You further agree that we have no obligation to inform you of any potential liabilities or violations of law or regulation that may arise in connection with your access and use of the Services and that we are not liable in any respect for any failure by you to comply with any applicable laws or regulations.

We reserve the right, to use publicly available information, as well as personal information we collect subject to our Privacy Policy, incorporated by reference herein, to assess the risks associated with illicit or non-compliant activities, phishing, or other potential threats. You acknowledge and understand that when you access the Services compliance assessments of your use an be undertaken by Third-Party Services, the results of which are at the sole discretion of the third-party provider. Shush Finance has no control over these Third-Party Services. We are not and cannot be responsible for the accuracy of the information or the services of such providers. These Third-Party Services are governed by their respective terms of use. We recommend you read them carefully prior to further accessing the Services.

We reserve the right, but have no obligation, to provide respective warnings to you. You hereby acknowledge that we have no responsibility and shall not be held liable for such assessment, restriction, results, or accuracy thereof. We reserve the right, but have no obligation, to block or restrict any activity on the Services that may be associated with any illicit and/or non-compliant activities. If you believe you or your wallet address has been blocked or restricted from using the Services in error, please contact our Support Team.

Phishing Alerts

Shush Finance may occasionally provide phishing and other potential risk alerts through the Services. These risk alerts are provided for informational purposes only, and we do not make any representations or warranties regarding their accuracy, completeness or reliability. You are solely responsible for the final decision as to the applicability and fitness of such alerts. You hereby acknowledge and agree that risk alerts are provided on an “as-is” basis, without any warranties or guarantees, and that you assume all the associated risks. Shush Finance has no responsibility and shall not be held liable for any claims, damages or losses arising from or in any way relating to such alerts.

Permitted Use and License

In order to access the Services you agree, represent, and warrant that; (i) you are at least 18 years of age; (ii) you have the legal capacity to enter into this Agreement; (ii) you are not a person or entity who resides in, are citizens of, are incorporated in, or have a registered office in, the United States of America; (iii) you are not engaged in the direct or indirect proceeds of any criminal, fraudulent or otherwise or illicit activity; (iv) your access, or attempt to access, the Services will not use any technology for the purposes of circumventing this Agreement; (v) you agree to be legally bound by the terms and conditions of this Agreement in their entirety.

If you satisfy all of the eligibility requirements set forth herein, and your access to and use of the Services complies with this Agreement, we hereby grant you a non-assignable, non-exclusive, worldwide, and royalty-free limited license to use the Services. The license is freely revocable by us at any time, without notice or cause, and at our sole discretion. Use of the Services for any purpose not expressly permitted by this Agreement is prohibited.

Amendment, Suspension or Termination

You agree and understand that we may, in our sole discretion, change, suspend, discontinue, or terminate any aspect of the Services, or its availability to you, at any time and without notice and we do not accept any responsibility for any losses, whether direct or indirect, that you may incur as a result our doing so.

Prohibited Use

We do not permit access to the Services for any prohibited activity that would violate, assist in violation of, or cause Shush Finance to violate any applicable laws and regulations or which would involve proceeds of any unlawful activity.

We do not provide the Services or enter into relationships with individuals and institutions pursuant to the economic sanctions programs administered by, but not limited to the U.S. Department of Treasury's Office of Foreign Assets Control (OFAC) or identified by law enforcement or regulatory agencies as being involved in illegal money laundering or terrorist financing (“Prohibited Users”). In the event that we identify you as being a Prohibited User, we may block your access to the Services without notice.

The details of our Compliance Policy can be found by clicking the link below.

Force Majeure

For the avoidance of doubt, you agree and understand that in no event shall we be liable for any delays, failure in performance or interruption of the Services which result directly or indirectly from any cause or condition, whether or not foreseeable, beyond our reasonable control, including, but not limited to, any act of God, nuclear or natural disaster, epidemic, action or inaction of civil or military authorities, act of war, terrorism, sabotage, civil disturbance, strike or other labor dispute, accident, state of emergency or interruption, loss, or malfunction of equipment or utility, communications, computer (hardware or software), Internet or network provider services.

Limitation of Liability

All information provided in connection with your access and use of the Services is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information displayed in the Services or any other information that we make available at any time, including, without limitation, blog posts, articles, links to third-party content, news feeds, tutorials, tweets and videos. Before you make any financial, legal, or other decisions involving the Services, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice is appropriate.

This Agreement is not intended to, and expressly does not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set forth expressly herein.

Intellectual Proprietary Rights

We own all intellectual property and other rights in Shush Finance and the Services, including, but not limited to, software, text, images, trademarks, service marks, copyrights, patents, and designs. Unless expressly authorized by us, or expressly authorized hereunder, you may not copy, modify, adapt, rent, license, sell, publish, distribute, or otherwise permit any third party to access or use the Services or any of its contents. Accessing or using the Services does not constitute a grant to you of any proprietary intellectual property or other rights in Shush Finance or the Services.

You retain ownership of all intellectual property and other rights in any information and materials you submit through the Services. However, by forwarding to us or uploading such information or materials, you grant us a worldwide, royalty-free, irrevocable license to use, copy, distribute, publish and send this data in any manner in accordance with applicable laws and regulations. You may choose to submit comments, bug reports, ideas or other feedback about the Services, including, without limitation, about how to improve the Services (collectively, “Feedback”). By submitting Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis or otherwise). If necessary under applicable law, you then hereby grant us a perpetual, irrevocable, nonexclusive, transferable, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.

Disclaimer of Warranties

We provide no representations or warranty as to the Services. You expressly agree that your use of Shush Finance is at your sole risk. We expressly disclaim all representations and warranties, express, implied or statutory, with respect to the Services. We specifically do not represent and do not warrant and expressly disclaim any representation or warranty, express, implied or statutory, including without limitation, any representations or warranties of title, non-infringement, merchantability, usage, security, suitability or fitness for any particular purpose, or as to the workmanship or technical coding thereof, or the absence of any defects therein, whether latent or patent. We do not represent or warrant that the Services, code and any related information are accurate, complete, reliable, current or error-free.

For the avoidance of doubt, we expressly disclaim all representations and warranties that we provide investment advice, tax advice, legal advice, or other professional advice by allowing you to use the Services. In addition, we do not recommend, or endorse Transactions with Digital Assets. We further expressly disclaim all representations and warranties for information displayed in the Services, including but not limited to information relating to Transaction coversion rates of Digital Assets, the prices of Digital Assets, Staking Service, or any other, which may or may not be provided by third-party providers. Such information displayed in the Services is calculated and/or provided for informational purposes only. Shush Finance does not represent or guarantee that any of the information available through the Services is accurate, reliable, current, complete or appropriate for your needs.

The Services are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that no advice, information, or statement that we make should be treated as creating any warranty concerning the Services. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning Shush Finance or the Services.

Disclaimer of Liability

Except to the extent required by law, we shall not be liable to you, whether in contract or tort, for any punitive, special, indirect, consequential, incidental, or similar damages, including lost trading or other profits, diminution in asset value, or lost business opportunities (even if we have been advised of the possibility thereof) in connection herein, your use or attempted use of the Services, or any of the information, services or Transactions contemplated herein. Shush Finance’s total liability for breach hereof shall be limited to one hundred US dollars ($100.00). If this disclaimer of liability section is deemed to conflict with any other section herein, this disclaimer of liability section supersedes the other section.

Code of Conduct

We work hard to ensure the Services are safe, secure, and compliant. To that end, we expect that you treat our team members, including our Customer Support Team, with the same respect you would expect to be treated yourself. Any use of inappropriate or abusive language or conduct towards any of our team members is strictly prohibited. Examples include, but are not limited to, verbal threats, harassment, aggressive comments, or behavior that is disrespectful. This type of behavior is a direct violation of this Agreement. If you engage in this type of behavior, we will politely ask you to stop. If you continue to engage in this type of behavior, we will take any and all actions necessary to prevent you from communicating with us further.

Press Guidelines

We encourage and hereby authorize press and media to refer to Shush Finance, provided that any reference is accompanied by:

• Attribution to Shush Finance, and

• A hyperlink to shush.fi, when possible.

For all press and media inquiries, please email [e-mail]

Dispute Resolution

You and Shush Finance agree and understand that any controversy, claim, or dispute arising out of or relating to this Agreement or the Services – past, present, or future – shall be settled solely and exclusively by binding arbitration. Arbitration is to be held in England, or another mutually agreeable location, including remotely by way of video conference. A mediator may be appointed by mutual agreement, or else by the Centre for Effective Dispute Resolution (CEDR) and conducted in English.

You and Shush Finance expressly agree that any dispute about the scope of this Agreement to arbitrate and/or the arbitrability of any particular dispute shall be resolved in arbitration in accordance with this section. You and Shush Finance expressly agree that an arbitrator may issue all appropriate declaratory and injunctive relief necessary to ensure the arbitration of disputes (but 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).

You and Shush Finance agree that the arbitrator shall have the authority to order any remedies, legal or equitable, which a party could obtain from a court of competent jurisdiction in an individual case based on the claims asserted, and nothing more. The arbitrator shall not award punitive or exemplary damages to either party, unless such remedies would otherwise be available under applicable law. You and Shush Finance agree to keep any arbitration strictly confidential.

You and Shush Finance agree to act in good-faith, informal efforts to resolve any disputes. A party who intends to seek arbitration must first send to the other a written Notice of Dispute (“Dispute Notice”). Any Dispute Notice to Shush Finance must be sent to [e-mail] (“Notice Address”). Any Dispute Notice to you by Shush Finance will be sent to the email address, or social media profile, made available to us through your accessing the Services. Any Dispute Notice must include: (a) the name, address, and email address of the party providing the Dispute Notice; (b) a description of the nature and basis of the claim or dispute; (c) an explanation of the specific relief sought and the basis for this relief. Any Dispute Notice from you must be individualized, meaning it can only concern your dispute and no other person’s dispute. Any Dispute Notice from Shush Finance must be individualized, meaning it can only concern you and no other person. You also agree that, after sending a Demand Notice to Shush Finance, at our request you will personally participate in a discussion by telephone, or via an agreed third-party platform such as Telegram, with us to discuss whether an agreement can be reached to resolve the claim before arbitration is initiated. We also agree to participate in such a telephone discussion at your request. Any informal dispute resolution conferences shall be individualized, such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference, unless mutually agreed to by the parties. You agree that compliance with these informal dispute resolution procedures is a condition precedent to commencing arbitration, and that the arbitrator shall dismiss any arbitration filed without fully and completely complying with these informal dispute resolution procedures.

If you and Shush Finance do not reach an agreement to resolve a claim within 60 days after a Demand Notice is received, you or Shush Finance may commence an arbitration proceeding; except that, if either you or Shush Finance send the other an incomplete Dispute Notice, the 60-day period begins only after a complete Dispute Notice is received, and if either you or Shush Finance request a telephone discussion, the 60-day period begins only after the discussion has occurred. Any statute of limitations and any filing fee deadlines shall be tolled while the parties engage in these informal dispute resolution procedures.

Should any dispute proceed to arbitration, you and Shush Finance agree that; (i) the arbitration shall be conducted by one neutral arbitrator; (ii) each side agrees to bear its own legal fees, costs, and expenses, unless such remedies would otherwise be available under applicable law, or unless the arbitrator finds that a claim, counterclaim, or defense is frivolous or brought for an improper purpose; and, (iii) all pleadings submitted in arbitration are subject to sanctions being imposed where the arbitrator finds the pleadings are submitted for an improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation. The arbitrator may issue orders (including subpoenas to third-parties, to the extent permitted by law) allowing the parties to conduct discovery sufficient to allow each party to prepare that party's claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes. You and Shush Finance agree to abide by all decisions and awards rendered in such proceedings and you and Shush Finance agree that such decisions and awards rendered by the arbitrator shall be final and conclusive.

To the extent you or Shush Finance seek emergency relief in connection with any controversy, claim, or dispute arising out of or relating to this Agreement or the breach thereof, or your relationship with Shush Finance, you and Shush Finance agree that the this Agreement restricts you or Shush Finance from seeking emergency relief from any court, including without limitation temporary restraining orders and/or preliminary injunctions, and you and Shush Finance agree that, to the extent either party breaches this Agreement by seeking such relief from a court, that party shall be responsible for paying the opposing party’s legal fees in opposing such relief, and the arbitrator shall render an award of such legal fees at the earliest possible time after such fees are incurred. You and Shush Finance agree that you or Shush Finance may, without inconsistency with this arbitration provision, apply to any competent court hereunder for an order enforcing the arbitral award. You and Shush Finance irrevocably and unconditionally agree to waive any objection that you or Shush Finance may now or hereafter have to the laying of a venue of any action or proceeding relating to enforcement of the arbitral award in the courts of England.

In arbitration the parties waive their rights to have a jury trial. If for any reason this arbitration section becomes not applicable or for any other reason litigation proceeds in court then you and Shush Finance agree; (i) to the fullest extent permitted by applicable laws and regulations, hereby irrevocably waive all right to trial by jury as to any issue relating hereto in any action, proceeding, or counterclaim arising out hereof, or any other matter involving us hereto; and, (ii) submit to the exclusive jurisdiction and venue of the relevant courts located in England and you agree not to institute any such action or proceeding in any other court in any other jurisdiction.

You and Shush Finance agree to arbitrate solely on an individual basis, and agree and understand that this Agreement does not permit a class action or private attorney general litigation or arbitration of any claims brought as a plaintiff or class member in any class or representative arbitration proceeding or litigation (“Class Action Waiver”). The arbitral or other tribunal may not consolidate more than one claimant’s claims and may not otherwise preside over any form of a representative or class proceeding. Nothing in this paragraph shall be construed to prohibit settlements on a class-wide or representative basis. If any portion of this arbitration clause is held to be invalid or unenforceable, the remaining portions will nevertheless remain in force. In any case in which (i) the dispute is filed as a class or representative action and (ii) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class and/or representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration. Additionally, if a court determines that a public injunctive relief claim may proceed notwithstanding the Class Action Waiver, and that determination is not reversed on appeal, then the public injunctive relief claim will be decided by a court after any individual claims are arbitrated, and the parties will ask the court to stay the public injunctive relief claim until the other claims have been finally concluded in arbitration.

Even if you and Shush Finance have entered into any other agreement, this dispute resolution section shall govern the resolution of any and all disputes arising from or related to the relationship between you and Shush Finance. You agree that this section herein has been included to rapidly and inexpensively resolve any disputes with respect to the matters described herein, and that this section shall be grounds for stay or dismissal of any court action commenced by you with respect to a dispute arising out of such matters. A printed version of this Agreement shall be admissible in judicial or administrative proceedings.

General

Severability

You agree that if any provision herein, or application thereof, shall be determined to be invalid or unenforceable under any rule, law, or regulation or by any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law. You further agree that the validity of or enforceability of any other provision (or of such provision, to the extent its application is not invalid or unenforceable) of this Agreement shall not be affected.

Change of Control

In the event that we are acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.

Survival

You agree that all provisions herein, which by their nature extend beyond the termination or expiration hereof, including, but not limited to, sections pertaining to suspension, investigations, remedies for breach, termination, debts owed, right to offset, unclaimed funds, general use of the Services, disputes with us, and general provisions, shall survive the termination or expiration hereof.

Miscellaneous

Section headings herein are for convenience only, and do not govern the meaning or interpretation of any provision hereof. Unless the express context otherwise requires: (i) the words “hereof,” “herein,” “hereunder” “hereto” and words of similar import, when used herein, shall refer to this Agreement as a whole and not to any particular provision; (ii) the terms defined in the singular have a comparable meaning when used in the plural and vice versa; (iii) wherever the word “include,” “includes” or “including” is used herein, it shall be deemed to be followed by the words “without limitation”; (iv) the word “extent” in the phrase “to the extent” shall mean the degree to which a subject or other thing extends and such phrase shall not mean simply “if”; and (v) the word “or” shall not be interpreted to be exclusive.

English Language Controls

Notwithstanding any other provision herein, any translation of this Agreement is provided for your convenience. The meanings of terms, conditions, and representations herein are subject to their definitions and interpretations in the English language.

Assignment

This Agreement, or your rights and obligations hereunder, may not be transferred by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void. This Agreement shall be binding and inure to the benefit of the parties hereto, our successors, and permitted assigns.

Governing Law

This Agreement, your use of the Services, your rights and obligations, and all actions contemplated by, arising out of or related to herein shall be governed by the laws of England, as if this Agreement is a contract wholly entered into and wholly performed within England.

Entire Agreement

This Agreement comprises the entire understanding and agreement entered into by and between you and Shush Finance as to the subject matter hereof, and supersedes any and all prior discussions, agreements, and understandings of any kind (including without limitation any prior versions of this Agreement), as well as every nature between and among you and us.

Questions and Feedback

If you have any questions, would like to provide feedback, or would like more information about our this Agreement of the Services, please feel free to contact our Support Bot.