Terms of Service
Last Updated: May 7, 2026
Definitions and Overview
These Terms of Service (“Terms”) govern your access to and use of the technology platform and related services (the “Services”) provided by Echlon Ltd (“Echlon,” “we,” “us,” or “our”), a company incorporated in the British Virgin Islands (Company No. 2199509). “You” or “user” means the individual or entity accessing the Services. “Partners” means the regulated third-party financial institutions and service providers integrated into the Platform. “Platform” means our website, applications, and software interfaces through which the Services are accessed. “Digital Assets” means virtual assets, cryptocurrencies, stablecoins, tokens, and any other digital representation of value that is recorded on a distributed ledger or blockchain.
Echlon designs and operates software infrastructure enabling cross-border payments, settlement, and treasury workflows through Partners. Echlon provides technology only. All regulated financial activities — including payment processing, money transmission, settlement, custody, and foreign exchange — are performed by licensed Partners operating under their own regulatory authorisations. Echlon does not itself perform any regulated financial service, and its role is limited to providing the technology layer through which users interact with Partner services.
These Terms incorporate any supplemental terms published on the Platform. Where a Partner provides separate terms for a specific service, the Partner terms govern that regulated service. In the event of conflict between these Terms and Partner terms regarding a regulated service, the Partner terms control.
Regulatory Status
Echlon operates as a non-custodial technology platform. Echlon does not custody, hold, transmit, or exercise control over user funds or virtual assets at any point. Users interact with regulated financial services solely through the Platform’s licensed Partners, each of which holds the necessary licences and registrations to provide those services in its applicable jurisdiction.
Echlon is not registered as a Virtual Asset Service Provider (“VASP”) under the British Virgin Islands Virtual Assets Service Providers Act, 2022 (the “VASP Act”). The Company’s position is that its technology-only, non-custodial operating model falls within the categories of activity excluded from the VASP Act’s scope — specifically, the provision of software and technology services that do not extend to engaging in or actively facilitating the exchange, transfer, safekeeping, or administration of virtual assets on behalf of another person as a business. All such regulated activities are performed exclusively by the Company’s licensed Partners. The Company voluntarily maintains an AML/CFT/CPF compliance programme aligned with BVI regulatory standards.
The regulatory classification of digital assets and related services is evolving. Changes in applicable law or regulatory interpretation may affect Echlon’s regulatory status, the availability of certain Services, or the terms on which Services are offered.
Nothing in these Terms or the provision of the Services should be construed as Echlon offering or performing any regulated financial service, including but not limited to the exchange, transfer, or custody of virtual assets or fiat currency. Echlon’s role and obligations are limited to the provision of its technology platform and the transmission of user instructions to licensed Partners.
Eligibility
To use the Services, you must:
- Be at least eighteen (18) years of age or the age of legal majority in your jurisdiction, whichever is greater;
- If registering on behalf of a business entity, have the legal authority to bind that entity and confirm it is duly organised under the laws of its jurisdiction;
- Not have been previously suspended or removed from the Services;
- Not be located in, a national or resident of, or operating from any Prohibited Jurisdiction (see Section 8);
- Not be designated on any applicable sanctions list;
- Not maintain more than one account without our written consent;
- Not be acting on behalf of any undisclosed principal, or for the benefit of any person or entity that is subject to sanctions or located in a Prohibited Jurisdiction; and
- Confirm that your use of the Services complies with all laws applicable to you in both your jurisdiction of residence and the British Virgin Islands.
It is your responsibility to confirm that using the Services does not conflict with any laws applicable to you. The Services may not be available in all jurisdictions. The list of supported countries and corridors is published on the Platform and may change at any time. Echlon reserves the right to refuse access, deny registration, or close any account at any time in its sole discretion.
Account Registration and Verification
4.1 Registration
You must register for an account (“Account”) and provide accurate, complete, and current information. You agree to promptly update your information if it changes. You are permitted only one Account at a time. By registering, you also accept Echlon’s Electronic Signature Disclosure and Consent, which governs the delivery of all communications and the use of electronic signatures in your relationship with Echlon.
4.2 Identity Verification
Access is contingent upon successful completion of our Know Your Customer (“KYC”) or Know Your Business (“KYB”) onboarding process and compliance screening conducted in accordance with our AML/CFT/CPF policies. You authorise Echlon and its third-party providers to collect, verify, and process your information for these purposes, including document authentication, biometric verification, sanctions and PEP screening, and adverse media screening.
We may request additional documentation at any time, including information regarding beneficial owners, source of funds, or business activities. Failure to comply may result in suspension or termination of your Account.
4.3 Business Accounts
Business users must provide incorporation documents, beneficial ownership information for all individuals holding 25% or more ownership (or exercising significant control), authorised representative identification, source of funds documentation, and other information required under our onboarding procedures.
4.4 Account Security
You are solely responsible for maintaining the confidentiality of your Account credentials and for all activity under your Account, whether authorised or not. You must notify us immediately at [email protected] of any suspected unauthorised access or security breach. Echlon is not liable for loss arising from unauthorised use of your Account prior to your notification to us. Any instruction submitted under your credentials will be assumed to have come from you. You are responsible for maintaining the security of any device or system used to access the Platform, including keeping software up to date. If Echlon becomes aware of a suspected security compromise affecting your Account, Echlon will take commercially reasonable steps to secure the Account and notify you promptly.
Services
5.1 Scope
The Platform provides technology infrastructure enabling access to cross-border payment, settlement, and treasury services through Partners. Through the Platform, you may:
- Initiate payment and settlement instructions;
- Interact with regulated banks and licensed providers integrated into the Platform;
- Manage financial workflows using self-custodied assets or Partner-custodied accounts;
- Access multi-currency payment, conversion, and settlement services provided by Partners; and
- Access treasury and yield products offered by Partners.
All transactions are user-authorised and executed by Partners. Echlon’s role is limited to providing the technology interface through which you submit instructions to Partners. Echlon does not intermediate, custody, or control user funds or virtual assets at any point in the transaction lifecycle. Echlon does not determine exchange rates, execute conversions, or settle transactions — these activities are performed by the applicable Partner under its own regulatory authorisation.
5.2 Partner Services
Certain services are provided directly by Partners (“Partner Services”) and may require separate registration, verification, or acceptance of Partner terms. You acknowledge that:
- Partner Services are governed by the applicable Partner’s terms;
- Echlon does not control and assumes no responsibility for the performance, acts, or omissions of any Partner;
- Partners may impose additional requirements, fees, or restrictions; and
- Echlon may share your information with Partners as necessary to facilitate the Services.
5.3 Wallets and Digital Assets
Where the Services involve digital asset wallets, wallets are provisioned through a third-party non-custodial wallet infrastructure provider integrated into the Platform. Neither Echlon nor the wallet infrastructure provider has access to, custody of, or control over your digital assets. You are responsible for maintaining access to your Account, through which your wallet is accessed. Echlon does not store, manage, or have the ability to recover private keys. Loss of access to your wallet may result in permanent loss of digital assets, for which Echlon has no liability.
5.4 Transaction Finality
Transactions submitted through the Platform may be irreversible once initiated. You are solely responsible for verifying the accuracy of all transaction details — including recipient information, amounts, and destination addresses — prior to submission. Echlon is not liable for transactions executed based on incorrect or incomplete instructions. You are also solely responsible for confirming that you are interacting with the correct blockchain network and token contract; Echlon is not liable for losses resulting from user-initiated transactions on an incorrect network or to an incorrect contract address.
5.5 Exchange Rates and Conversion
Where the Services involve currency conversion or exchange, such activities are performed by Partners. Exchange rates are determined by the applicable Partner at the time of execution and may include a spread or margin retained by the Partner. Rates are subject to market fluctuation and are not guaranteed until a transaction is confirmed. Neither Echlon nor its Partners are responsible for losses arising from exchange rate movements between the time a quote is provided and the time a transaction is executed.
5.6 Transaction Limits
Partners may impose minimum and maximum limits on transaction amounts, frequency, and volume. These limits may vary by account type, jurisdiction, and risk assessment, and may be modified at any time. Echlon may enforce platform-level usage limits, including limits arising from Enhanced Due Diligence requirements or account risk tier. Transactions exceeding applicable limits will be declined.
5.7 Payment Holds and Reviews
Echlon may decline to transmit, or delay the transmission of, any transaction instruction pending compliance review. Partners may independently hold, delay, or cancel transactions for fraud prevention, sanctions screening, or other regulatory purposes. We will make reasonable efforts to notify you of any such action, except where prohibited by law.
5.8 Fees
Echlon charges technology and platform access fees for the use of the Services. The applicable fee schedule is published on the Platform and may be updated upon not less than thirty (30) days’ prior notice. Your use of the Services may also involve banking partner fees, including transaction processing fees, exchange margins, settlement fees, and network costs. The total cost of each transaction, inclusive of all applicable fees, will be disclosed to you prior to execution. Transaction-level pricing, including spreads, margins, and exchange markups, may vary and is disclosed at the time of each transaction; such pricing is not subject to the advance notice requirement applicable to the published fee schedule. You are responsible for all fees and charges associated with your use of the Services. All fees are exclusive of applicable taxes. Fees may be collected directly by Echlon or deducted from transaction proceeds by banking partners on Echlon’s behalf.
5.9 Modification of Services
Echlon may update, modify, suspend, or discontinue any aspect of the Services at any time. We will use commercially reasonable efforts to provide advance notice of material changes.
Echlon may also suspend, restrict, modify, or discontinue any Service, feature, jurisdiction, asset type, or transaction capability at any time if Echlon determines that such action is necessary or advisable to comply with applicable law, regulatory guidance, sanctions obligations, Partner requirements, or Echlon’s internal risk management policies. Echlon may take any such action immediately and without prior notice where necessary to maintain compliance with legal or regulatory obligations or to protect the Platform, its users, its Partners, or Echlon from legal, compliance, operational, or reputational risk.
5.10 Echlon Card Program
Echlon Card Program. Echlon makes available a payment card program (the “Echlon Card”) through which eligible users may access a Visa-branded card. The Echlon Card is issued by Third National (the “Issuer”) under license from Visa. The Issuer, and not Echlon, is the creditor and the party responsible for funding card transactions, extending any credit, setting rates, and determining repayment terms. Consistent with Section 2, Echlon provides technology services only in connection with the Echlon Card, is not a bank, credit union, or money services business, and does not extend credit, set interest rates, determine repayment terms, or hold collateral. Your use of the Echlon Card is governed by the separate card terms applicable to your program (the “Card Terms”), which form a binding agreement between you and the Issuer and are incorporated into these Terms by reference. These Terms constitute the “User Terms” and “User Agreement” referred to in the Card Terms and any related Authorized User Terms. The applicable Card Terms are published on the Platform, including: U.S. Consumer Card Terms; U.S. Business Card Terms; International Consumer Card Terms; and International Business Card Terms. Authorized users under a business program are additionally subject to the Authorized User Agreement.
In the event of any conflict between these Terms and the applicable Card Terms with respect to the Echlon Card, the Card Terms control. Conversely, these Terms, and not the Card Terms, continue to govern your access to and use of all non-card Services provided by Echlon, and any dispute relating solely to such platform Services will be governed exclusively by these Terms.
User Obligations and Prohibited Activities
You will not use the Services, directly or indirectly, for:
- Money laundering, terrorist financing, proliferation financing, or any activity facilitating criminal financial conduct;
- Transactions involving proceeds of criminal activity or designed to evade sanctions, reporting thresholds, or regulatory requirements;
- Activity involving sanctioned individuals, entities, or jurisdictions;
- Operating as an unlicensed money service business, exchange, or financial intermediary through the Platform;
- Weapons or arms dealing, or activity involving controlled substances where prohibited by applicable law;
- Fraud, identity theft, impersonation, or misrepresentation;
- Interfering with or attempting to compromise the security, integrity, or availability of the Platform;
- Reverse engineering, decompiling, or disassembling any Platform software;
- Using automated tools, bots, or scrapers without our written consent;
- Circumventing or attempting to circumvent access controls, geo-blocking, or security features; or
- Any other activity Echlon determines to be harmful to the Platform, Partners, other users, or our reputation.
Echlon may, without prior notice, suspend or terminate your Account, restrict access, report activity to relevant authorities, and take any other action necessary to protect the Platform and its users.
Certain industries — including gambling, gaming, and adult entertainment — are subject to restrictions. Users operating in these industries must hold all licences and registrations required under applicable law in every relevant jurisdiction and must provide evidence of such licensing upon request. Access for operators in these industries who are not fully licensed is prohibited outright; there is no case-by-case exception for unlicensed operators. Even where an operator holds the required licences, Echlon reserves the right to restrict or deny access based on the applicable banking partner’s policies or the Company’s compliance requirements. Echlon reserves the right, in its sole discretion, to determine whether any activity or use of the Services constitutes prohibited conduct, presents legal, compliance, security, or reputational risk, or is otherwise inconsistent with the intended use of the Platform.
User Representations and Warranties
By using the Services, you represent and warrant that: (a) all information you have provided to Echlon is accurate, complete, and not misleading; (b) you are the beneficial owner of any funds or digital assets used in connection with the Services, or you are duly authorised to act on behalf of the beneficial owner; (c) your use of the Services does not violate any agreement, law, or regulation to which you are subject; (d) any funds or digital assets used in connection with the Services are not derived from or connected to any unlawful activity, including money laundering or terrorist financing; and (e) you will not use the Services to disguise the origin or nature of proceeds of criminal activity. These representations are deemed to be made on an ongoing basis throughout the duration of your use of the Services, and any breach constitutes a material violation of these Terms.
Compliance and Regulatory Obligations
7.1 Ongoing Monitoring
Echlon conducts ongoing compliance monitoring on all active accounts, including periodic rescreening against sanctions lists, PEP databases, and adverse media sources, as well as platform activity monitoring and blockchain analytics. You acknowledge and consent to this monitoring as a condition of using the Services.
7.2 Cooperation
You agree to cooperate with any compliance investigation or inquiry initiated by Echlon or its Partners, including providing additional documentation or information upon request. Failure to cooperate may result in suspension or termination of your Account. Compliance-related correspondence should be directed to [email protected].
7.3 Account Restrictions
Echlon may restrict or block access to your Account at any time if required by applicable law, sanctions obligations, or compliance reviews. Partners may independently freeze or restrict assets or transactions under their control. Such actions may be taken without prior notice and may remain in effect until the matter is resolved.
7.4 No Disclosure Obligation
Echlon is under no obligation to disclose the reasons for any account restriction, suspension, termination, or transaction delay, and may be legally prohibited from doing so. You acknowledge that compliance with applicable law may require Echlon to take action without explanation. Where legally permitted, Echlon will use reasonable efforts to provide you with general information regarding the nature and expected duration of any restriction on your Account.
7.5 Record Retention
Echlon retains your information and transaction records in accordance with applicable law, including for a minimum of five (5) years following the end of the business relationship, and longer where required by regulatory or legal obligations.
Sanctions and Restricted Jurisdictions
8.1 Prohibited Jurisdictions
Users located in, or operating from, the following jurisdictions are prohibited from accessing the Services:
- Cuba;
- Iran;
- North Korea;
- Syria;
- The Crimea, Donetsk, and Luhansk regions of Ukraine; and
- Any additional jurisdictions designated by Echlon from time to time.
Echlon employs geo-blocking controls, IP monitoring, and other technical measures to enforce these restrictions. Attempts to circumvent these controls may result in immediate Account suspension and reporting to the appropriate authorities. Sanctions-related enquiries should be directed to [email protected].
8.2 High-Risk Jurisdictions
Users associated with the following jurisdictions are subject to Enhanced Due Diligence, including additional verification, source of funds documentation, and enhanced ongoing monitoring:
- Russia;
- Belarus;
- Venezuela;
- Myanmar; and
- South Sudan.
This list reflects current FATF advisories, applicable sanctions designations, and Echlon’s internal risk assessments. It may be updated at any time without prior notice to reflect changes in regulatory guidance, sanctions designations, or the Company’s AML/CFT/CPF programme. Users from high-risk jurisdictions may be denied access if Enhanced Due Diligence requirements cannot be satisfied.
Taxes
You are solely responsible for determining and fulfilling any tax obligations arising from your use of the Services, including income, capital gains, withholding, value-added, or other applicable taxes in your jurisdiction. Echlon does not provide tax advice and makes no representations regarding the tax treatment of any transaction. Echlon, as a British Virgin Islands company, does not impose or collect taxes on transactions. However, Partners operating in other jurisdictions may be required to deduct, withhold, or report amounts in accordance with their local tax obligations.
Intellectual Property
All content, software, trademarks, and intellectual property associated with the Platform are the property of Echlon or its licensors. You are granted a limited, non-exclusive, non-transferable, revocable licence to access the Platform for the purposes contemplated by these Terms. You may not copy, modify, distribute, or create derivative works without our written consent.
You retain ownership of data you submit to the Platform. By submitting content, you grant Echlon a non-exclusive, worldwide, royalty-free licence to use, process, and store it for the purpose of providing the Services. If you submit comments, ideas, or suggestions regarding the Services, you grant Echlon an unrestricted, irrevocable right to use such feedback without obligation or compensation.
Privacy and Data Protection
This section constitutes Echlon’s public-facing privacy notice. The full internal framework governing Echlon’s data protection practices is set out in the Company’s Data Protection Policy, which is aligned with the principles of the General Data Protection Regulation (“GDPR”) and the Data Protection Act, 2021 (BVI).
11.1 Data Controller
Echlon Ltd, a company incorporated in the British Virgin Islands (Company No. 2199509), is the data controller in respect of personal data collected through the Platform. In certain contexts, licensed payment Partners may act as independent or joint controllers in respect of data they receive to fulfil their own regulatory obligations.
11.2 Information We Collect
| Category | Examples |
|---|---|
| Identity data | Full legal name, date of birth, nationality, government-issued photo ID. |
| Contact data | Email address, phone number, residential address. |
| Biometric / liveness data | Selfie photograph and liveness check result, processed by our third-party verification provider. |
| Financial data | Source of funds documentation; source of wealth documentation (where EDD is triggered). |
| Technical data | IP address, device identifiers, browser metadata, geolocation signals. |
| Compliance data | Sanctions and PEP screening results, adverse media findings, risk tier ratings, EDD decision records. |
| Business customer data | Incorporation documents, UBO declarations, shareholder registries, authorised representative identification. |
11.3 How We Use Your Data
| Purpose | Legal Basis |
|---|---|
| Identity verification and KYC/KYB onboarding | Legal obligation; contract performance |
| AML/CFT/CPF screening (sanctions, PEP, adverse media) | Legal obligation; legitimate interests |
| Enhanced Due Diligence (EDD) for high-risk customers | Legal obligation; legitimate interests |
| Suspicious Activity Reporting to BVI FIA | Legal obligation |
| Geo-blocking and fraud prevention | Legitimate interests; contract performance |
| Provision of platform services and payment orchestration | Contract performance |
| Ongoing customer monitoring and periodic review | Contract performance; legal obligation |
| Law enforcement and regulatory cooperation | Legal obligation |
| Marketing communications (opt-in only) | Consent — may be withdrawn at any time by contacting [email protected] |
11.4 How We Share Your Data
We share data only as follows:
- Licensed payment Partners — to facilitate regulated financial services, including KYC/KYB status, identity verification outcomes, and transaction data required by Partners under their own regulatory obligations;
- Third-party verification and screening providers — for identity document authentication, biometric/liveness verification, and sanctions/PEP/adverse media screening;
- Blockchain analytics providers — for wallet address and transaction risk screening;
- Regulatory and law enforcement authorities — where required by applicable law, court order, or AML/CFT/CPF reporting obligations, including the filing of SARs/STRs with the BVI Financial Investigation Agency (“FIA”);
- Corporate transaction counterparties — in connection with any merger, acquisition, financing, or sale of assets, subject to confidentiality obligations and applicable data protection requirements; and
- Cloud and infrastructure providers — acting as data processors under contractual data protection obligations.
Note: Echlon may be legally prohibited from disclosing that a disclosure to law enforcement or regulatory authorities has been made, or the reasons for any account action taken in connection with such a disclosure.
11.5 Data Retention
| Category | Retention Period |
|---|---|
| KYC/KYB onboarding records | 5 years from end of business relationship |
| Transaction records and monitoring data | 5 years from end of business relationship |
| EDD files and compliance decision records | 5 years from end of business relationship or policy retirement, whichever is later |
| SAR/STR reports | 5 years minimum from date of filing |
| OFAC sanctions screening records | 10 years |
| Marketing consent records | Duration of consent plus 3 years following withdrawal |
Records may be retained for longer periods where required by court order, regulatory authority, or law enforcement.
11.6 International Data Transfers
Your personal data may be transferred to and processed in jurisdictions outside the British Virgin Islands, including the United States and the European Union, where Echlon’s Partners, verification providers, and infrastructure vendors operate. All such transfers are subject to appropriate contractual safeguards, including data processing agreements and, where applicable, standard contractual clauses. Personal data is not transferred to any jurisdiction designated as prohibited under Section 8.1.
11.7 Cookies and Technical Tracking
The Platform uses cookies and similar tracking technologies for session management and authentication (essential), platform performance measurement (analytics), and fraud prevention and geo-blocking enforcement. Essential cookies cannot be disabled as they are required for the Platform to function. You may manage non-essential cookie preferences through your browser settings, though doing so may affect platform functionality. The Platform does not use tracking technologies for advertising or marketing profiling. The Platform does not currently respond to “Do Not Track” browser signals.
11.8 Your Rights
| Right | Description | Key Limitations |
|---|---|---|
| Access | Obtain a copy of personal data held about you. | May be limited where disclosure would prejudice an AML/CFT/CPF investigation or conflict with the tipping-off prohibition. |
| Rectification | Request correction of inaccurate data. | Corrections to compliance-relevant data may require re-verification. |
| Erasure | Request deletion of your data. | Cannot be exercised where data must be retained to fulfil a legal obligation, including mandatory AML/CFT/CPF retention periods. |
| Restriction | Request that processing be restricted. | Subject to overriding legal obligations. |
| Portability | Receive your data in a machine-readable format. | Applies only to data processed on the basis of consent or contract. |
| Object | Object to processing based on legitimate interests. | Subject to overriding legitimate grounds, including legal obligations. |
| Automated decision-making | Request human review of decisions made solely by automated means that significantly affect you, including automated risk-scoring that results in denial of access. | Does not apply where automated processing is necessary for contract performance or where you have given explicit consent. |
To exercise any of these rights, contact our Compliance Team at [email protected]. We will respond within a reasonable timeframe and may verify your identity before processing a request.
11.9 Children’s Privacy
The Platform is not directed at individuals under the age of 18. Echlon does not knowingly collect personal data from minors. If we become aware that a minor’s data has been collected without verified parental consent, we will take prompt steps to delete it. To report a concern, contact [email protected].
11.10 Contact
Compliance Team: [email protected]
General Support: [email protected]
Postal: Echlon Ltd, British Virgin Islands
Disclaimers and Limitation of Liability
12.1 Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ECHLON DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
Echlon makes no representations regarding the accuracy or timeliness of information provided through the Services, including exchange rates or transaction status. You acknowledge that digital assets are volatile and carry inherent risk, including total loss.
12.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ECHLON, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES.
ECHLON’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) FEES PAID BY YOU TO ECHLON IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) USD $100.
The limitations of liability in this Section 12.2 do not apply to: (a) your indemnification obligations under Section 13; (b) damages arising from the willful misconduct or fraud of either party; or (c) your breach of the Prohibited Activities provisions in Section 6.
12.3 Partner and Third-Party Disclaimer
Your use of Partner Services is at your own risk and subject to the Partner’s terms. You acknowledge that you have no contractual relationship with any Partner through Echlon unless you separately accept that Partner’s terms. Echlon assumes no responsibility for third-party websites or content linked from the Platform.
12.4 Digital Asset Risk
Echlon is not liable for loss of digital assets resulting from smart contract vulnerabilities, blockchain failures, wallet compromise, loss of account access, regulatory action, market volatility, or acts of third parties. By using the Services, you represent that you understand the risks associated with digital assets and blockchain technology and accept those risks.
Blockchain networks are decentralised systems that operate independently of Echlon and are not owned, controlled, or operated by Echlon. Echlon is not responsible for any blockchain network’s operation, including any congestion, delay, failure, fork, protocol change, validator action, smart contract malfunction, transaction confirmation failure, or other technical disruption. Echlon shall not be liable for any loss, damage, cost, or delay arising from or relating to the operation, interruption, failure, or modification of any blockchain network or related infrastructure.
Indemnification
You agree to indemnify and hold harmless Echlon, its directors, officers, employees, and affiliates from all claims, losses, liabilities, damages, and expenses (including legal fees) arising from: (a) your use of the Services; (b) your violation of these Terms or any applicable law; (c) your violation of any third party’s rights; (d) information you provide through the Platform; or (e) any dispute between you and a third party, including any Partner or fund recipient.
To receive indemnification, the indemnified party must: (i) provide prompt written notice of the claim; (ii) grant the indemnifying party sole control of the defence and settlement (provided no settlement imposes obligations on the indemnified party without its consent); and (iii) provide reasonable cooperation at the indemnifying party’s expense.
Echlon will indemnify and hold you harmless from claims, losses, and expenses directly arising from Echlon’s willful misconduct or fraud in the provision of the Services, subject to the same procedural requirements set forth above.
Governing Law and Dispute Resolution
14.1 Governing Law
These Terms are governed by the laws of the British Virgin Islands.
14.2 Arbitration
ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT.
Arbitration shall be conducted in English and administered by the London Court of International Arbitration (“LCIA”) under its then-current rules, or by such other institution as the parties may mutually agree in writing. If the parties cannot agree, the arbitration shall be administered by the LCIA. The seat of arbitration shall be the British Virgin Islands. The arbitrator’s decision is final, binding, and may be entered as a judgment in any court of competent jurisdiction.
Notwithstanding the foregoing, either party may seek emergency or interim injunctive relief from any court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration.
14.3 Individual Claims Only
YOU AND ECHLON AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
Suspension and Termination
15.1 Suspension
Echlon may suspend your access, in whole or in part, without prior notice if we reasonably believe your Account involves prohibited activity, violates these Terms, poses a risk to the Platform or its users, or if required by law, regulatory guidance, or Partner request. During suspension, you may not be able to access your Account or associated transactions.
15.2 Termination by You
You may terminate your Account through the self-service account termination functionality available through the Platform’s settings. Termination does not relieve you of obligations accrued prior to termination.
15.3 Termination by Echlon
Echlon may terminate your Account upon thirty (30) days’ written notice, or immediately where required by applicable law, sanctions obligations, compliance concerns, or suspected prohibited activity. Upon termination, your right to access the Services ceases immediately. We will use commercially reasonable efforts to facilitate wind-down of pending transactions, subject to legal and compliance requirements.
15.4 Survival
Sections 7 (Compliance), 9 (Taxes), 10 (Intellectual Property), 11 (Privacy), 12 (Disclaimers), 13 (Indemnification), 14 (Governing Law), and 15 (Suspension and Termination) survive termination.
Modifications to Terms
Echlon may modify these Terms at any time. Material changes will be communicated via email, in-Platform notification, or by posting on the Platform with not less than thirty (30) days’ prior notice, unless a shorter period is required by law, regulatory guidance, or changes to applicable sanctions, FATF advisories, or the Company’s compliance obligations. Continued use of the Services after the effective date of any amendment constitutes acceptance. If you do not agree, you must discontinue use and close your Account.
Electronic Communications
By creating an Account, you accept Echlon’s Electronic Signature Disclosure and Consent and consent to receive all communications from Echlon electronically, including notices, disclosures, and agreements, via email or in-Platform notifications. Electronic communications satisfy any legal requirement that communications be in writing. Notices to Echlon must be sent to [email protected].
General Provisions
Entire Agreement. These Terms, together with any supplemental terms referenced herein, constitute the entire agreement between you and Echlon regarding the Services.
Severability. If any provision is held unenforceable, the remaining provisions continue in full force. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
Waiver. No failure or delay by Echlon in exercising any right operates as a waiver.
Assignment. You may not assign these Terms without our consent. Echlon may assign these Terms in connection with a merger, acquisition, or sale of assets, provided that Echlon gives you notice of the assignment and the assignee agrees to be bound by these Terms.
Force Majeure. Echlon is not liable for delays or failures due to causes beyond its reasonable control, including acts of God, war, natural disasters, pandemics, government actions, sanctions, network failures, or failures of third-party infrastructure providers.
No Third-Party Beneficiaries. These Terms do not create third-party beneficiary rights, except that Partners may enforce provisions expressly intended for their benefit.
Relationship. Nothing in these Terms creates a joint venture, partnership, or agency relationship between you and Echlon.
No Fiduciary Relationship. Nothing in these Terms or in the provision of the Services creates any fiduciary, advisory, brokerage, agency, or trust relationship between you and Echlon. Echlon does not act as your agent, trustee, broker, financial adviser, or fiduciary in connection with any transaction or activity conducted through the Platform. You acknowledge that Echlon’s role is limited to providing the technology platform through which you access services offered by third-party providers.
Contact
For questions or concerns regarding these Terms or the Services:
Echlon Ltd
British Virgin Islands
General Support: [email protected]
Compliance Matters: [email protected]
Website: https://www.echlon.xyz