Last update: 28th May, 2026
These Terms of Use (the “Terms”) govern your access to and use of DeFi Account, including access to certain utilities and features offered by third parties, as further described below.
1. Introduction
1.1. DeFi Account is a self-custody solution supported by TON Space Ltd. It operates independently and is neither a subsidiary nor an affiliate of Telegram FZ-LLC.
1.2. DeFi Account is an interface that enables users to interact with The Open Network blockchain (“TON Blockchain”), a decentralized, peer-to-peer network maintained by independent third parties. DeFi Account does not own, control, or operate the TON blockchain and, therefore, cannot guarantee its availability, security, or functionality. We are not responsible for any issues or losses arising from the operation of the TON blockchain, including, but not limited to, delays, failures, or disruptions.
1.3. By accessing or using DeFi Account, you agree to be bound by these Terms along with the Privacy Policy referenced herein, which constitute a legally binding agreement between you (“you” or “User”) and us.
1.4. If you disagree with any part of these Terms, or if they conflict with the laws applicable in your country of residence or citizenship, you should not use DeFi Account.
2. RISK DISCLOSURE
2.1. DeFi Account is built on novel and rapidly evolving technologies, including the TON blockchain. Your use of DeFi Account involves heightened risks, including misuse of cryptographic tools (such as public/private keys) or failure to update software for protocol changes, such as changes to consensus mechanisms. By using DeFi Account, you expressly acknowledge and accept these risks. You represent that you have sufficient financial and technical expertise to understand the risks associated with blockchain technologies, digital assets, and protocol upgrades.
2.2. DeFi Account operates on the principle of user autonomy and responsibility. You agree and acknowledge that you are solely responsible for any actions you take within the DeFi Account, including but not limited to the management, storage, and transfer of your Digital Assets. You also acknowledge the inherent risks associated with self-custody and Digital Asset management, and accept that safeguarding your Digital Assets requires your full caution, diligence, and awareness.
2.3. You are solely responsible for any transaction or permission granted through cryptographic signatures, including in response to third-party prompts. You understand that social engineering scams, such as impersonation fraud schemes (e.g., so-called 'pig butchering'), pose a significant risk, and you bear full responsibility for engaging with third parties.
2.4. DeFi Account does not verify or guarantee the legitimacy of any third-party applications, smart contracts, or tokens. DeFi Account makes no representation as to the legitimacy, value, or legal status of any token accessible through a Third-Party Utility, including xStocks or other asset-backed tokens. Use of these tokens via the wallet interface is at your own risk and discretion.
2.5. You further acknowledge that digital assets involve market volatility, technical failures, regulatory uncertainty, and cybersecurity threats. Network fees and speeds may fluctuate and are outside DeFi Account’s control. Protocol upgrades may introduce bugs or vulnerabilities, potentially resulting in loss of functionality or Digital Assets.
2.6. DeFi Account does not control the functioning or transition of any blockchain protocol, including changes in consensus mechanisms. You bear full responsibility for all transactions and interactions with blockchain protocols and Digital Assets accessed via DeFi Account.
2.7. Some Digital Assets accessible via DeFi Account may represent tokenized securities or other real-world assets. These assets are subject to evolving laws and regulations. Regulatory authorities may deem certain tokens as securities or otherwise restrict their use. By using DeFi Account to hold or transact such tokens, you acknowledge the risk that legal or regulatory action could impact the value, transferability, or legality of those assets. You are responsible for understanding and complying with any legal requirements applicable to such assets, and your ability to engage with them, in your jurisdiction.
2.8. Tokenized assets like xStocks rely on third-party issuers and custodians to hold underlying real-world assets. DeFi Account does not verify or guarantee any such backing or custody arrangement. You assume the risk that the issuer or custodian may fail to honor the token’s value (for example, due to insolvency, fraud, or loss of underlying assets), which could result in the token becoming worthless or non-redeemable.
2.9. Holding a tokenized asset (xStock) does not confer rights in the underlying company. Holders of xStocks are typically not entitled to shareholder voting rights or direct dividends. The token’s value is derived from the underlying asset’s price, but it is not an actual share of the company.
2.10. Third-party token issuers may employ controls on tokenized assets. For instance, an issuer could pause or restrict transfers of a tokenized asset under certain conditions (such as legal compliance measures or blockchain protocol issues). DeFi Account has no ability to prevent or reverse such actions. This means your ability to transfer or swap xStock tokens could be temporarily or permanently interrupted by the issuer’s actions outside of DeFi Account’s control.
2.11. Markets for tokenized assets can be less liquid and more volatile than major cryptocurrencies. Pricing may rely on external oracles and could be impacted by traditional stock market closures or events. You acknowledge the risk of price gaps, liquidity shortfalls, or conversion delays when dealing with xStocks.
3. Eligibility By accessing DeFi Account, you represent and warrant that:
3.1. You are of legal age in your jurisdiction of residence and possess the legal capacity to consent to and be bound by these Terms;
3.2. You are not currently located or ordinarily resident in any of the Restricted Jurisdictions;
3.3. You are not using Tor (The Onion Router), virtual private networks (VPNs), or any other tools to misrepresent your IP address and/or geographic location;
3.4. You are not listed on Sanctions Lists;
3.5. You comply with all applicable laws, rules, and regulations in your jurisdiction, and your use of DeFi Account is not prohibited by, and does not violate or facilitate the violation of, any such laws, regulations, or sanction regimes, nor does it contribute to or support any unlawful activity;
3.6. You are not a resident or citizen of jurisdictions where you are forbidden to access and use DeFi Account;
3.7. You confirm that you are using DeFi Account with legally obtained Digital Assets that rightfully belong to you.
4. Your Responsibilities
4.1. You are solely responsible for all activities that occur in connection with your use of DeFi Account, regardless of whether such activities were authorized by you. We disclaim all liability for any unauthorized access to your account, including access resulting from phishing, fraud, or other criminal activity perpetrated by third parties. You must ensure that your use of DeFi Account complies with all applicable laws and regulations.
4.2. You are solely responsible for configuring and using DeFi Account in a secure manner. This includes taking all necessary steps to protect and back up your account, devices, and any data or Digital Assets associated with your use of DeFi Account. Security measures may include enabling encryption, storing Recovery Phrase offline, and maintaining up-to-date software. If you are unwilling or unable to manage your own account security, you should not use DeFi Account.
4.3. You must promptly install all available software updates or upgrades to ensure the secure and reliable use of DeFi Account. Please also make sure to store your Recovery Phrase and Passcode in a safe and secure manner. You acknowledge that storing Recovery Phrase digitally (whether on your personal device or in cloud storage) may increase the risk of compromise. If you have enabled a Backup, you must also maintain secure access to the associated accounts (such as your email or Telegram). You agree not to share your Recovery Phrase, Passcode, email and Telegram credentials with us or any third party, and you understand that we are not responsible for any loss resulting from such disclosure, whether intentional or inadvertent. For the avoidance of doubt, we assume no responsibility for any theft or compromise of credentials arising from unauthorized access to your personal device or any third-party storage system.
4.4. You agree and acknowledge that it is your sole responsibility to conduct your own research and due diligence before engaging in any activity involving Digital Assets using DeFi Account. This includes, but is not limited to, evaluating the legitimacy, legality, risks, and suitability of any third-party services, tokens, protocols, or projects. We do not endorse or guarantee the accuracy, reliability, or security of any external content or services that may be accessible through or interact with DeFi Account.
4.5. You agree not to use DeFi Account, and not to permit any third party to use DeFi Account, in any way that:
5. DeFi Account Solution
5.1. Self-custody solution: DeFi Account is a non-custodial wallet based on the TON blockchain (“Non-Custodial Wallet”). This means that DeFi Account operates solely as a user interface enabling you to access self-custody services that allow you to hold and manage your Digital Assets directly on the TON blockchain. When you create a DeFi Account, a TON blockchain wallet address and the associated private keys are generated locally on your device. DeFi Account does not store, retain, or have access to your private keys or Digital Assets. You retain sole responsibility, control, and ownership over your Digital Assets at all times. You agree and acknowledge that you (not DeFi Account) are solely responsible for safeguarding your private keys, and any other access credentials that grant access to your Digital Assets.
5.2. Private keys: Your wallet address is cryptographically linked to your private keys; together, they enable access to your Digital Assets and authorise the execution of transactions involving Digital Assets to and from that address.
5.3. Telegram contacts transfers: DeFi Account allows users to transfer Digital Assets directly to their Telegram contacts via an escrow mechanism on the TON blockchain. When a transfer is initiated, the Digital Assets are sent to a smart contract escrow, and the recipient is notified within DeFi Account. The recipient may either accept or reject the transfer. If accepted, the Digital Assets are released to the recipient’s DeFi Account; if rejected or unclaimed within 14 calendar days, sent Digital Assets are automatically returned to the sender. A higher transaction fee may apply in such cases to cover the costs associated with escrow submission, attempted delivery, and return.
5.4. TON blockchain transfers: DeFi Account enables you to facilitate the submission of transfer instructions for TONcoin and TON-based jettons to the TON blockchain. You will be required to enter your Passcode in order to confirm any such transfer. The TON blockchain is the sole authoritative ledger of Digital Asset transactions. DeFi Account merely provides the interface and tools needed to initiate transactions — all proposed transfers must be confirmed and recorded by the decentralized TON blockchain network to be considered complete. Finalization of transactions depends entirely on the TON blockchain network and its validators.
5.5. NFT Functionality: DeFi Account enables you only to view and transfer non-fungible tokens (“NFTs”) stored on the TON blockchain. The purchase and sale of NFTs are supported through the Third-Party Utility, as described below. DeFi Account does not take custody of your NFTs. All assets remain directly on-chain, and you maintain full control over them at all times.
6. Third-Party Utilities
6.1. DeFi Account may provide access to Third-Party Utilities as well as Third-Party Content. Your use of any Third-Party Utilities is entirely voluntary and at your own risk, and is governed by the applicable third-party terms.
6.2. Third-Party Utilities are offered for your convenience only. DeFi Account does not verify, control, or endorse any Third-Party Utilities and makes no guarantees about their accuracy, reliability, or suitability. We are not responsible for any loss or issues arising from your use of them.
6.3. Importantly, DeFi Account does not take custody of your Digital Assets at any time. All transactions, including staking or swapping, occur directly between you and the relevant third-party protocol via smart contract interactions initiated by you. DeFi Account cannot access, control, store, buy, sell, or authorize transactions on your behalf.
6.4. The decision to access or rely on any Third-Party Content or to use Third-Party Utilities is entirely your own. You are solely responsible for ensuring that such access or use complies with all applicable laws and regulations. Any dealings, interactions, or correspondence with a third party that provides such content or services are solely between you and that third party. We reserve the right, at our sole discretion, to change, suspend, remove, disable, or impose access restrictions or limits on any Third-Party Utility at any time and without prior notice.
6.5. Third-Party Utilities may charge their own fees or commissions for using their services. These fees are set and governed entirely by the third party’s own terms of use. Be sure to review those terms carefully before proceeding. DeFi Account doesn’t set, collect, or control these fees and isn’t responsible for any charges from third parties. If you have questions or issues related to those fees, please contact the Third-Party Utility provider directly.
6.6. The following Third-Party Utilities, among others, may be accessed through DeFi Account:
6.6.1. Swap: Through DeFi Account, you may access a Swap feature exclusively supported by the third-party de-fi protocol Omniston by Ston.fi (“Omniston”). This feature allows you to exchange supported Digital Assets for other Digital Assets using Omniston. When you initiate a swap through the DeFi Account interface, Omniston obtains an available exchange rate from third-party sources and facilitates your transaction accordingly. The transaction is executed directly on-chain through your interaction with Omniston and the applicable smart contracts. DeFi Account does not control, execute, or intervene in any part of the transaction. All swap transactions are governed solely by Omniston’s Terms of Use. Swapping xStocks may be subject to additional terms or eligibility criteria imposed by the third-party provider (for example, geographic or KYC restrictions on who can trade certain assets).
6.6.2. Swaps.xyz: Through DeFi Account, you may access a feature enabling the bridging and top-up of certain Virtual Assets between the TON blockchain and other supported blockchains, which is exclusively operated and provided by the third-party service provider Swaps.xyz. All transactions initiated via Swaps.xyz are executed directly between you and Swaps.xyz in accordance with its applicable terms of service. DeFi Account does not guarantee the availability, security, accuracy, fees, exchange rates, processing times, or successful completion of any such transaction and disclaims any responsibility or liability for losses arising from cross-chain transfers, smart contract failures, network disruptions, or actions or omissions of Swaps.xyz.
6.6.3. Getgems: You may access the Getgems interface, which is supported by the third-party service provider Getgems. This Third-Party Utility enables you to buy and sell NFTs with other users of the Getgems platform via TON blockchain. When you offer an NFT for sale through Getgems in DeFi Account, this offer is automatically made available on the Getgems platform (https://getgems.io/). Your NFT offered for sale may be purchased at the price you have specified on the Getgems platform. Once purchased, the NFT is automatically transferred to the buyer’s wallet, and you will receive the corresponding sale amount credited to your DeFi Account. The Getgems interface in DeFi Account does not include a public storefront or catalogue of NFTs. Access to a specific NFT purchase page may be available only via a direct link to that NFT on Getgems through DeFi Account. All NFT purchase and sale transactions are executed directly on-chain and cannot be reversed. DeFi Account does not control, execute, or intervene in any part of these transactions and merely provides an interface for convenient access to the service. All activities related to the purchase and sale of NFTs carried out through Getgems are governed solely by Getgems’ Terms of Use. Please review those terms carefully before using the service.
6.6.4. Apps: DeFi Account may provide access to a dedicated “Apps” tab within the interface (the “Apps”), which displays third-party applications developed and operated by independent partners. The Apps tab functions solely as a showcase of partner applications. You may browse banners of partner applications and, upon selection, be redirected to the respective third-party application via a tracking link. Such redirection may lead to a Telegram Mini App (TMA) or to an external website. Partner applications accessible through the Apps are Third-Party Utilities. DeFi Account does not operate, control, host, or maintain such applications and does not guarantee their availability, functionality, security, legality, or compliance with applicable laws. Your access to and use of any partner application is governed exclusively by the applicable third-party terms and conditions. DeFi Account does not process payments on behalf of partner applications and does not act as a merchant, intermediary, agent, or service provider in relation to any goods or services offered by such applications. DeFi Accountsolely provides a technical interface enabling you to discover and access partner applications. DeFi Account disclaims any responsibility or liability for the content, functionality, services, transactions, or data practices of any partner application displayed within the Apps tab.
6.7. DeFi Account may provide access to certain staking, lending, liquidity, or similar features (“Earn Interface”) developed, operated, and maintained exclusively by Third-Party Utilities. The Earn Interface is optional and is made available through DeFi Account solely for your convenience. All transactions are executed directly on-chain via the smart contracts of the relevant Third-Party Utility. Use of any feature available via the Earn Interface involves material risks and may be subject to lock-up periods, withdrawal limitations, eligibility criteria, or geographic restrictions, as determined solely by the applicable Third-Party Utility.
6.8. Your use of the Earn Interface is voluntary and at your own risk. Participation in any program available via the Earn Interface is governed exclusively by the applicable third-party terms, and you are solely responsible for reviewing and complying with them. DeFi Account disclaims any responsibility or liability for losses, delays, unavailability, or failures arising from or related to the Earn Interface, including actions or omissions of Third-Party Utilities, smart contracts, validators, custodians, or underlying blockchain protocols.
6.9. The following Third-Party Utilities may be available through the Earn Interface from time to time:
6.9.1. TON Earn: you may access the TON Earn interface, which is supported by a third-party service provider, TON Stakers. This Third-Party Utility enables you to stake Toncoin and receive a liquid staking token (“LST”) issued programmatically by the TON Stakers smart contract. The LST represents your ownership of the staked Toncoin and any associated network rewards. When you stake through the DeFi Account interface, the transaction is executed directly on-chain via your interaction with the TON Stakers smart contracts. All staking transactions are governed solely by the TON Stakers’ Terms of Use.
6.9.2. USDe Earn: you may access the USDe Earn interface, which is supported by a third-party service provider, Ethena. This Third-Party Utility enables you to stake USDe and receive a liquid staking token (“tsUSDe”) that is programmatically minted by Ethena’s smart contract protocol. The tsUSDe token reflects your ownership of the staked USDe and any associated network rewards. When you initiate staking via the DeFi Account interface, the transaction is executed directly on-chain through your interaction with Ethena’s smart contracts. Please note that staked USDe is subject to a 7-day cooldown period, meaning that once you initiate an unstaking request, your USDe and any accrued rewards will become available for claiming only after seven calendar days. This delay is enforced by the Ethena protocol to maintain liquidity management and system stability. All staking activities are governed solely by Ethena's Terms of Service.
6.9.3. Gold Earn: You may access the Gold Earn interface, which is supported by the third-party service provider Affluent (https://affluent.org/). This Third-Party Utility enables you to transfer your XAUt0 into the XAUt0 Multiply Vault, which is managed by SingularV and maintained by Affluent. Within the Vault, a portion of your XAUt0 may be supplied to a lending market as collateral against the borrowed TON which is subsequently staked. The specific allocation of assets and strategy parameters is determined solely in accordance with the respective Vault terms. Withdrawals may be executed either instantly, if available as determined by Affluent, or within up to 24 hours through a regular withdrawal process. Affluent may charge withdrawal or management fees for the service. All services provided under Gold Earn are governed solely by Affluent’s Terms of Use.
6.9.4. ETH Earn: You may access the ETH Earn interface, which is supported by the third-party service provider Morpho (https://app.morpho.org/ethereum/earn). This Third-Party Utility enables you to transfer wrapped Ether (wETH) into a wETH Vault maintained by Morpho via the DeFi Account interface. Within the Vault, a portion of your wETH may be utilised for lending activities within a lending market maintained by Morpho, in accordance with the Vault’s mechanics, and may result in associated rewards, subject to respective Vault terms [https://lite.morpho.org/tac/earn]. Withdrawals may be executed instantly, where available, subject to sufficient liquidity in the applicable Morpho lending market, as determined by Morpho. DeFi Account solely provides an interface for convenient access to the ETH Earn service. All services provided under the ETH Earn are governed solely by Morpho's Terms of Use.
6.9.5. BTC Earn: You may access the cbBTC Earn interface, which is supported by the third-party service provider Morpho (https://app.morpho.org). This Third-Party Utility enables you to transfer cbBTC into a cbBTC Vault maintained by Morpho via the DeFi Account interface. Within the Vault, a portion of your cbBTC may be utilised for lending activities within a lending market maintained by Morpho, in accordance with the Vault’s mechanics, and may result in associated rewards, subject to respective Vault terms.
6.9.6. Within the Earn Interface, multiple Third-Party Utilities may support features involving USDT. Without limitation, the following options may be available from time to time:
a. USDt Earn by Affluent: You may access the USDT Earn by Affluent interface, which is supported by the third-party service provider Affluent (https://affluent.org/). This Third-Party Utility enables you to transfer USDT into the USDT Lending Vault, which is managed by SingularV and maintained by Affluent. Within the Vault, a portion of your USDT is converted into USDe and subsequently staked through the Ethena protocol to generate associated network rewards, while another portion may be used for lending transactions secured by collateral, as defined under the respective Vault terms. The allocation ratio between staking and lending is determined solely in accordance with the applicable Vault terms and may vary over time. Withdrawals may be executed either instantly, if available as determined by Affluent, or within up to 24 hours through a regular withdrawal process. Affluent may charge withdrawal or management fees for the service. All commitments, associated rewards, and withdrawals are executed directly on-chain through smart contracts, without DeFi Account’s participation or control. All services provided under the USDT Earn, including staking and reward mechanisms, are governed solely by Affluent’s Terms of Use.
b. USDt Earn by Morpho: You may access the USDt Earn by Morpho interface, which is supported by the third-party service provider Morpho (https://app.morpho.org). This Third-Party Utility enables you to transfer USDt into a USDt Vault maintained by Morpho via the DeFi Account interface. Within the Vault, a portion of your USDt may be utilised for lending activities within a lending market maintained by Morpho, in accordance with the Vault’s mechanics, and may result in associated rewards, subject to respective Vault terms. Withdrawals may be executed instantly, where available, subject to sufficient liquidity in the applicable Morpho lending market, as determined solely by Morpho. All services provided under the USDt Earn by Morpho are governed solely by Morpho's Terms of Use.
c. USDt Earn by Midas (Re7 Lab Vault): You may access the USDt Earn by Midas interface, which is supported by the third-party service provider Midas. This Third-Party Utility enables you to convert USDt into mRe7YIELD, a token issued in connection with the Re7 Lab Vault. The mRe7YIELD token represents participation in a market-neutral, on-chain vault strategy operated in accordance with the Re7 Lab Vault’s documentation. Committed assets are dynamically allocated across multiple decentralised finance strategies, which may include liquidity provisioning, lending, restaking, funding rate arbitrage, and options-based strategies, based on liquidity conditions, risk parameters, and strategy-defined criteria, as determined solely by the vault operator. Any rewards, if applicable, are derived from the performance of such underlying strategies and are determined in accordance with the Re7 Lab Vault terms. The vault is designed to maintain liquidity of the mRe7YIELD token; however, liquidity, performance, and outcomes are not guaranteed. By accessing or using this option, you confirm that you meet Midas’ applicable Eligibility requirements and agree to Midas’ terms and conditions, as well as its risk disclosures. Use of USDt Earn by Midas involves material risks, including the risk of partial or total loss of Digital Assets.
d. USDt Earn by Sentora: You may access Sentora Earn, which is supported by the third-party provider Sentora. This Third-Party Utility enables you to convert USDt into RLUSD, which is further transferred to the Sentora Vaults subject to respective third-party provider' [terms of use](third-party provider). Within the Vault, a portion of your RLUSD may be utilised in lending activities within Euler and Morpho lending markets, Sentora has deployed vaults on both markets and distributes funds depending on where there is more liquidity, in accordance with the Vaults' mechanics, and may result in associated rewards, subject to the applicable terms. Any rewards, if applicable, are derived from the performance of the underlying strategy and may be reflected through changes in the value of vault shares or other accounting mechanisms, as determined by the Vault. DeFi Account does not determine or guarantee any returns. Withdrawals may be executed instantly, where available as determined by the relevant Third-Party Utility, or may be processed through a withdrawal queue, which may involve delays of up to twenty-four (24) hours or longer. Applicable fees, including withdrawal or management fees, may be charged by the Third-Party Utility in accordance with its terms.
Availability of any USDt Earn options may vary based on jurisdiction, eligibility criteria, or Third-Party Utility restrictions. You must check your eligibility before accessing any such option.
6.10. From time to time, you may be able to access Third-Party Utilities not explicitly listed herein. The most complete and up-to-date list of such utilities is available within the DeFi Account interface. Before using any Third-Party Utility, you must review and comply with the third party’s terms of use. DeFi Account disclaims any responsibility or liability arising from your use of or reliance on any Third-Party Utility, whether or not it is specifically identified in these Terms.
6.11. Third-Party Utilities may not be available in all jurisdictions or to all users. In particular, RWA tokens, including tokenized assets (such as xStocks), may be unavailable to users located in certain jurisdictions, in accordance with the applicable laws and the third parties’ regulatory obligations. Without limitation, access to RWA tokens may be restricted for users located in the United States of America. DeFi Account may, where feasible, restrict access to such features based on your location or other eligibility criteria, and it is your obligation not to circumvent these restrictions.
7. Warranty Disclaimer
7.1. DeFi Account is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, and unless specific statutory rights apply that cannot be excluded or waived, we and our affiliates and service providers:
a. Make no representations or warranties of any kind, express, implied, or statutory, regarding DeFi Account, any Third-Party Content, or any Third-Party Utilities accessible through DeFi Account; and
b. disclaim all warranties, including but not limited to: (i) any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and quiet enjoyment; (ii) warranties arising out of any course of dealing or usage of trade; (iii) warranties that DeFi Account, Third-Party Content, or Third-Party Utilities will be uninterrupted, secure, or error-free or that they will be free of harmful components; and (iv) warranties that any content, assets, or data will be preserved without loss, corruption, or unauthorized alteration.
7.2. You agree and acknowledge that you have not relied, and are not relying, on any representation or warranty from TON Space Ltd. or its affiliates other than those expressly set forth in these Terms or in a separate written agreement signed by us. You further agree not to assert any claim or take any position inconsistent with this provision.
8. Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless DeFi Account, its affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers, and contractors from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or relating to:
9. Limitation of Liability
9.1. Except for claims arising from indemnification obligations under Section 8 (Indemnification), in no event shall the aggregate liability of either party, together with its affiliates, arising out of or related to these Terms — whether based in contract, tort (including negligence), strict liability, or any other legal or equitable theory — exceed the total amount paid by you for your use of DeFi Account during the twelve (12) months immediately preceding the first incident giving rise to the liability. If no such fees have been paid, the total liability shall not exceed five thousand U.S. dollars ($5,000).
9.2. This limitation shall apply notwithstanding the failure of any remedy to fulfill its essential purpose and shall not affect your obligation to pay any fees as described under the Terms, if applicable. TON Space Ltd. shall have no liability to you with respect to DeFi Account except as determined by the final judgment of a court or arbitrator with jurisdiction.
9.3. To the maximum extent permitted by applicable law, in no event shall either party or its affiliates be liable under these Terms for any indirect, incidental, special, consequential, punitive, exemplary, or reliance damages of any kind, including but not limited to loss of profits, revenue, goodwill, data, or business opportunities, or for business interruption, regardless of the form of action, whether in contract, tort (including negligence), strict liability, or any other theory of liability—even if the party was advised of the possibility of such damages or if any remedy fails of its essential purpose. This exclusion shall not apply to the extent prohibited by applicable law.
10. Termination
10.1. Termination by You: You may terminate these Terms by ceasing your use of DeFi Account at any time. You remain solely responsible for managing and securing your private keys and Backup information.
10.2. Termination by DeFi Account: We may suspend or terminate your access to interfaces, APIs, updates, or other services provided by us or respective Third-Parties in connection with DeFi Account, without prior notice, if:
10.3. Effect of Termination: DeFi Account is a self-custodial interface, there is no user account or profile for us to close or delete on your behalf. Upon termination, you will no longer be able to use DeFi Account to access or manage your Digital Assets. Your Recovery Phrase cannot be recovered or used within DeFi Account after termination. It does not affect the existence of your wallet or your Digital Assets on the blockchain. You may still access the same wallet and your Digital Assets using your Recovery Phrase through other compatible interfaces that support the TON Blockchain. You are solely responsible for copying and securely storing your Recovery Phrase in a safe location, separate from the DeFi Account interface. While DeFi Account allows you to view and copy your Recovery Phrase during active use, it does not support recovery or reactivation of access after termination.
11. Communication
11.1. All notices, updates, and other communications under these Terms may be provided by us electronically, including through in-app notifications, email, or by posting within DeFi Account. By using DeFi Account, you agree and consent to receive all communications from us in electronic form. This includes, but is not limited to, agreements, policies, disclosures, updates, and other information related to your use of DeFi Account. You acknowledge that such electronic communications satisfy any legal requirement that such communications be in writing.
11.2. If you have questions about these Terms, your use of DeFi Account, or any other matter, you may contact us via @wallet_supportbot.
12. Governing Law, Waiver of Class Action & Agreement to Arbitrate
12.1. These Terms, including its formation, performance, interpretation, and enforcement, as well as any disputes arising out of or in connection with it, shall be governed by and construed in accordance with the laws of Seychelles, without regard to its conflict of law principles.
12.2. You and DeFi Account agree that any claims arising from these Terms or your use of DeFi Account - whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether the claims arise before, during, or after the termination of this Agreement (“Claim”) — shall be referred to and finally resolved by courts of Seychelles.
12.3. Class Action Waiver: By using DeFi Account, you agree that any dispute or claim must be pursued on an individual basis only, and not as part of any group, class, or representative action. You expressly give up any right to participate in or initiate a class action, collective claim, or similar representative legal process. Unless both you and DeFi Account agree in writing, no arbitrator or court shall have the authority to join or combine claims involving different individuals, nor to oversee any case brought on behalf of others. Any relief granted by an arbitrator, including injunctive or equitable remedies, may be awarded only to the individual party seeking such relief, and solely to the extent required to resolve that party’s specific claim. If an arbitrator finds that this waiver cannot be applied to a particular claim due to applicable law, then that claim alone will be excluded from arbitration and may be brought in court. Should any court or arbitrator determine that this collective proceedings waiver is invalid or unenforceable in whole or in part, or that an arbitration may proceed on a class basis, then the entire agreement to arbitrate shall be considered null and void.
13. Miscellaneous 13.1. Assignment. You may not assign or otherwise transfer these Terms, or any of your rights or obligations under them, without our prior written consent. Any attempted assignment or transfer in violation of this provision will be null and void. We may assign these Terms without your consent (a) in connection with a merger, acquisition, or sale of all or substantially all of our assets, or (b) to an affiliate or as part of a corporate reorganization. Upon such assignment, the assignee shall be deemed substituted for us as a party to these Terms, and we shall be fully released from all obligations and liabilities hereunder. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.
13.2. Updates: We may update these Terms from time to time. Unless otherwise specified, the revised Terms will become effective upon being posted within DeFi Account. Your continued use of DeFi Account following any such update constitutes your acceptance of the revised Terms.
13.3. Force Majeure. Neither party, nor their respective affiliates, shall be liable for any delay or failure to perform any obligation under these Terms due to causes beyond their reasonable control, including but not limited to acts of God, natural disasters, pandemics, utility or telecommunications failures, cyberattacks, blockades, embargoes, civil disturbances, governmental actions or orders, acts of terrorism, or war.
13.4. Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, the remaining provisions shall remain in full force and effect. To the extent permissible, any such unenforceable provision shall be reformed or interpreted by a court of competent jurisdiction to reflect the original intent of the parties while maintaining enforceability.
13.5. No Waivers. Our failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision, nor shall it affect our right to enforce such provision in the future. Any waiver by us must be in writing and expressly acknowledged to be effective.
13.6. Language and Governing Version. All communications and notices under these Terms must be in English. If a translation of these Terms is provided for convenience, the English version shall govern in the event of any conflict or inconsistency. Capitalised terms used in these Terms and not otherwise defined shall have the meanings ascribed to them in Annex I.
Here are some definitions included in these Terms of Use to help clarify and better understand certain provisions. Unless otherwise defined or the context otherwise requires, all capitalised terms shall have the meaning given to them:
Backup means a method supported via the email address provided by you and your Telegram account to securely recover access to your DeFi Account, which may be used to restore access in the event of loss of your Recovery Phrase.
Digital Assets mean any digital asset supported on TON blockchain, including TONcoin and TON-jettons, non-fungible tokens (NFTs), and tokens representing real-world assets or securities (tokenized assets).
Passcode means a four-digit numeric code used to enhance the security of your DeFi Account, which may be optionally set by you to protect access to your DeFi Account and to authorise transactions.
Restricted Jurisdictions mean the following countries and regions: Cuba, Iran, North Korea, Syria and unrecognized territories, including the Crimea, Donetsk, and Luhansk, Zaporizhzhia regions of Ukraine.
Recovery Phrase means a secret individual set of 24 unique words, arranged in a specific order, that serves as the primary means to access, restore, or recover your DeFi Account and Digital Assets associated with it.
Sanctions Lists means any sanctions-related or restricted persons lists maintained by the United States government (including the U.S. Department of the Treasury’s Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List, the Foreign Sanctions Evaders List, or the U.S. Department of Commerce’s Bureau of Industry and Security Entity List), the United Nations Security Council, the United Kingdom government, the European Union or its member states, or any other relevant sanctions authority.
Telegram means a third-party platform Telegram Messenger where the DeFi Account mini app is integrated and accessible.
Third-Party Content means any information, materials, links, or resources provided or made accessible by third parties through DeFi Account, including but not limited to pricing data, token information, project descriptions, or promotional content.
Third-Party Utility means any software, interface, protocol, application, feature, or functionality developed and operated by a third party and made accessible through DeFi Account.