# Conditions générales DATE D’ENTRÉE EN VIGUEUR: 15 juillet 2025 Le document juridique contraignant est actuellement disponible en anglais. La navigation et les titres de cette page sont traduits pour en faciliter la consultation. Effective Date: July 15, 2025 ## 1. Acceptance of Terms By downloading, installing, or using the Fiber application or any related services (collectively, the "Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree, do not use the Service. The Service is operated by Merkle Software Inc., a Delaware corporation ("Merkle Software"). "Fiber" is a brand of Merkle Software Inc. References in these Terms to "Fiber," "we," "our," or "us" mean Merkle Software Inc. ## 2. Nature of Service Fiber is a non-custodial software interface that enables users to manage digital assets directly on public blockchains. Fiber is a software interface, not a financial institution. Fiber does not hold, custody, or control your assets at any time. All transactions are executed directly on-chain by you. Fiber does not provide investment advice, financial advice, legal advice, or tax advice. Nothing in the Service constitutes a solicitation or offer to buy or sell any securities or financial instruments. ## 3. Eligibility To use the Service, you must: - Be of legal age in your jurisdiction (at least 18 years old, or the applicable age of majority where you reside) - Have the legal capacity to enter into a binding agreement - Not be located in, a citizen of, or a resident of any Restricted Jurisdiction (as defined in Section 5) - Not be listed on any Sanctions List (as defined in Section 5) - Not be prohibited from using the Service under applicable law If you are under the age of majority in your jurisdiction, you may not use the Service. If a minor accesses the Service, a parent or legal guardian must review and accept these Terms on their behalf and supervise their use. ## 4. Non-Custodial Use and User Responsibility Fiber is a non-custodial application. This means: - You are solely responsible for the security of your private keys, seed phrase, and wallet credentials - You must maintain a secure backup of your recovery phrase in a safe, offline location - Fiber does not have access to your private keys or recovery phrase and cannot recover them on your behalf - If you lose your private keys or recovery phrase, your assets may be permanently and irrecoverably lost - All transactions you sign are final and irreversible on-chain You accept full responsibility for all activity conducted through your wallet, including unauthorized access resulting from your failure to maintain security. ## 5. Restricted Jurisdictions and Sanctions Compliance By accessing or using the Service, you represent and warrant that you are: (1) not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (i.e., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, the United Kingdom, or other applicable government authority; and (2) not located in any country subject to a comprehensive sanctions program implemented by the United States. You agree not to use the Service to circumvent applicable sanctions or export control laws, and you will not use a VPN, proxy, or other means to access the Service from a sanctioned jurisdiction. Fiber reserves the right to restrict, suspend, or terminate access to the Service immediately and without notice if it determines, in its sole discretion, that you are in violation of this Section. ## 6. Prohibited Uses You agree not to use the Service to: - Violate any applicable law, regulation, or these Terms - Engage in money laundering, terrorist financing, or any other illegal financial activity - Evade, circumvent, or violate any sanctions, embargo, or export control law - Access the Service from a Restricted Jurisdiction or on behalf of a sanctioned person - Conduct, facilitate, or promote fraud, market manipulation, or deceptive practices - Interfere with or disrupt the integrity or performance of the Service - Attempt to gain unauthorized access to any component of the Service or related systems - Distribute malware, viruses, or any harmful code - Use the Service for any purpose that violates the rights of any third party ## 7. Blockchain and Protocol Risks You acknowledge and accept the following risks inherent in using blockchain-based services: - Blockchain transactions are irreversible. Fiber cannot reverse, cancel, or modify any transaction once broadcast to the network - Smart contract vulnerabilities, protocol failures, or network outages may result in loss of assets - Digital asset values are highly volatile and may decrease to zero - Network congestion, high gas fees, or forks may delay or prevent transactions - Slashing events in proof-of-stake protocols may reduce staked assets - Social engineering, phishing, and other attacks targeting your credentials remain your responsibility to guard against Fiber is not responsible for any losses arising from these or any other blockchain-related risks. ## 8. Rewards Disclosures Any rewards, staking returns, or yield-like distributions accessible through the Service: - Are determined by underlying protocols, third-party providers, or market conditions, not by Fiber - Are not guaranteed. Rates are variable and may change or cease at any time without notice - Do not constitute investment income, interest, or a guaranteed return - Do not represent an offer of securities or financial products by Fiber - May be subject to applicable taxes, which are your sole responsibility Nothing in the Service or related materials constitutes investment advice. You should consult qualified financial and tax advisors before making any investment decisions. ## 9. Intellectual Property All intellectual property rights in the Service, including the software, design, trademarks, and content, are owned by or licensed to Fiber. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial purposes in accordance with these Terms. You may not copy, modify, distribute, sell, reverse engineer, or create derivative works of any part of the Service without prior written consent from Fiber. ## 10. Privacy Your use of the Service is governed by our Privacy Policy, available at https://fiber.so/privacy. By using the Service, you consent to the data practices described therein. ## 11. Security You are responsible for maintaining the security of your device, credentials, and private keys. Fiber is not liable for losses resulting from: - Phishing attacks or social engineering targeting your credentials - Malware or compromised devices - Unauthorized access resulting from your failure to secure your recovery phrase or private keys - User negligence or error You agree to notify Fiber immediately at legal@fiber.so if you become aware of any unauthorized use of your account or any security breach. ## 12. Third-Party Services The Service may integrate with or link to third-party protocols, services, or content. Fiber does not endorse, warrant, or assume responsibility for any third-party services. Your use of such services is at your own risk and subject to their applicable terms. ## 13. Disclaimers THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. FIBER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES. FIBER DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICE. ## 14. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIBER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR DIGITAL ASSETS, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. IN NO EVENT SHALL FIBER'S TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO FIBER IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) USD $100. ## 15. Indemnification You agree to indemnify, defend, and hold harmless Fiber and its officers, directors, employees, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: - Your use or misuse of the Service - Your violation of these Terms - Your violation of any applicable law or regulation, including sanctions laws - Your violation of any third-party rights ## 16. Dispute Resolution and Arbitration PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. ### 16.1 Binding Arbitration Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. ### 16.2 Class Action Waiver YOU AGREE THAT ANY CLAIMS WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. ### 16.3 Opt-Out Right You may opt out of this arbitration agreement by notifying Fiber in writing at legal@fiber.so within 30 days of first accepting these Terms. Your opt-out notice must include your name, address, and a clear statement that you wish to opt out of arbitration. ### 16.4 Exceptions Either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration. ## 17. Governing Law These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law provisions. Subject to Section 16, you consent to the exclusive jurisdiction of the state and federal courts located in Delaware for any disputes not subject to arbitration. ## 18. Export Compliance You agree to comply with all applicable U.S. and international export control laws and regulations. You represent that you are not located in, under the control of, or a national or resident of any country to which the U.S. has embargoed goods or services. ## 19. Changes to Terms Fiber reserves the right to modify these Terms at any time. We will provide at least 30 days' notice of material changes by posting the updated Terms at https://fiber.so/terms and updating the Effective Date. Your continued use of the Service after the effective date of changes constitutes your acceptance of the updated Terms. ## 20. Termination Fiber may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including violation of these Terms or applicable law. Upon termination, your right to use the Service ceases immediately. Sections 4, 5, 6, 9, 13, 14, 15, 16, and 17 survive termination. ## 21. Force Majeure Fiber shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government actions, blockchain network failures, cyberattacks, or internet disruptions. ## 22. General Provisions - Severability: If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect. - Waiver: Failure by Fiber to enforce any right or provision shall not constitute a waiver of that right or provision. - Assignment: Fiber may assign these Terms or any rights hereunder without restriction. You may not assign your rights or obligations without Fiber's prior written consent. - No Third-Party Beneficiaries: These Terms do not confer any rights on any third party. - Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Fiber regarding the Service. - Language: These Terms are provided in English. In the event of any conflict between an English version and a translated version, the English version shall prevail. - Suggestions: Any feedback or suggestions you provide may be used by Fiber without restriction or compensation to you. ## 23. Contact If you have any questions about these Terms, please contact us at: Merkle Software Inc. (operating as Fiber) Mailing Address: 169 Madison Ave STE 11546, New York, NY 10016, USA Email: legal@fiber.so Website: https://fiber.so ## 24. Acknowledgment By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. You further acknowledge that: - Fiber is a non-custodial software interface and not a financial institution or custodian - You are solely responsible for the security of your private keys and recovery phrase - Blockchain transactions are irreversible and Fiber cannot recover lost assets - You are not located in a Restricted Jurisdiction and are not a sanctioned person - Digital asset investments involve significant risk, including the risk of total loss --- Fiber is a financial technology company, not a bank. Banking services are provided by SSB, Member FDIC. Funds deposited at SSB are eligible for FDIC insurance up to $250,000 per depositor, per insured bank, subject to applicable limitations and FDIC rules.