Terms of Service
§4 Smart Contract & Escrow Terms
Last updated February 7, 2026
4.1 Overview of Smart Shell Escrow
This section applies only to transactions conducted through SmartShell escrow.
All financial transactions conducted through the Fisheez Platform are executed using Smart Shell Escrow contracts deployed on the Base blockchain network.
The Smart Shell Escrow system operates autonomously and non-custodially—Fisheez PBC and the Fishlanthropy Foundation never hold, route, or transmit user funds.
Each escrow transaction is governed entirely by the code of the relevant Smart Shell contract, which automatically controls how funds are locked, released, or refunded based on defined conditions, timers, and dispute outcomes.
4.2 Function of Smart Shell Escrow
When a Buyer confirms a purchase, the total transaction amount—including any listed price, applicable platform fees, and taxes—is transferred directly from the Buyer’s connected wallet into the Smart Shell Escrow contract.
Funds remain securely locked until one of the following events occurs:
- The Buyer confirms receipt or satisfaction of goods or services;
- The escrow timer expires without an open dispute; or
- The Peacemaker System finalizes a decision directing payment or refund.
Upon completion of any of the above, the Smart Shell Escrow automatically releases funds to the proper recipients according to encoded logic.
Escrow conditions may include mutually approved deadline extensions as described in §4.5, which do not alter the non-custodial nature of SmartShell or create any custodial responsibility for Fisheez PBC.
4.3 Automated Splits and Distributions
Each Smart Shell Escrow transaction may contain multiple automatic payout destinations, including but not limited to:
- The Seller (primary payment recipient);
- Any Promoter or Reseller entitled to a commission on the sale;
- Fisheez PBC (for applicable platform and service fees);
- Tax authorities (calculated and remitted through Avalara or integrated tax processors); and
- The Fishlanthropy Foundation (for designated charitable contributions or benefit allocations).
All such distributions occur automatically on-chain as part of the same transaction.
Neither Fisheez PBC nor any employee has the ability to intercept, redirect, or manually adjust these payouts.
4.4 Buyer and Seller Acknowledgements
By using the Platform, both Buyers and Sellers acknowledge and agree that:
- Smart Shell Escrow transactions are final, non-reversible, and governed by contract code;
- The Platform acts only as a technical facilitator, not as an intermediary or money transmitter;
- Fisheez PBC does not guarantee delivery, condition, or performance of goods or services;
- Buyers are responsible for verifying transaction details before confirming any purchase; and
- Sellers must fulfill their listings in accordance with Platform policies and applicable laws.
- Any extension of an escrow deadline must be mutually approved by the parties, and the Platform plays no role in granting or withholding such extensions.
4.5 Timing and Expiration
Each Smart Shell Escrow includes an internal timer that defines when funds will automatically release if no dispute or appeal is filed.
If a Buyer files a dispute before expiration, the timer pauses until the Dispute Resolution process concludes.
Once any dispute or in-dispute extension is concluded — including completion of the Q&A phase, Extension Review Phase, Peacemaker voting, or Appeal — SmartShell executes the resulting payment (release or refund) immediately and irreversibly. If no dispute is filed before the applicable escrow deadline (including any mutually approved extensions), SmartShell releases funds automatically according to its encoded expiration logic.
In the event of Platform downtime, users may interact directly with the Smart Shell contracts (e.g., through Etherscan or any compatible blockchain interface) to perform the same actions—file disputes, appeals, or confirm early release—before escrow expiration.
Temporary front-end unavailability does not create or imply custody or liability by Fisheez PBC.
Disputes and appeals are governed exclusively by the Peacemaker System described in § 7, and Smart Shell timers automatically adjust according to that process.
4.5(a) Extensions to Escrow Deadlines
SmartShell Escrow supports two types of deadline extensions, each requiring Buyer approval:
- Pre-Dispute Extensions
- The Seller or Buyer may request additional time before the original escrow expiration, so long as the request is submitted before the current deadline.
- The requesting party may enter a custom number of days between 1 and 28.
- If the other party approves the request, SmartShell extends the escrow expiration by the agreed number of days.
- Pre-dispute extensions may be requested multiple times, provided each extension is mutually approved.
- In-Dispute Extensions (Q&A Phase Only)
- Once a dispute is filed, extensions are limited to the Q&A phase only and require explicit Buyer approval.
- Each in-dispute extension may specify 1–28 days, but only one in-dispute extension may occur per dispute cycle.
- After the in-dispute extension concludes, SmartShell automatically enters an Extension Review Phase, where the Buyer may confirm resolution or assert non-performance.
No extensions of any kind are permitted once voting has begun or during the Appeal Phase.
4.5(b) Effect of Extensions on Expiration
- If the parties mutually approve a pre-dispute extension and no dispute is filed before the new deadline, SmartShell releases funds to the Seller automatically at expiration.
- If an in-dispute extension expires, SmartShell opens an Extension Review Window (typically 48 hours).
- If the Buyer confirms resolution, funds release to the Seller.
- If the Buyer claims non-performance, the system immediately proceeds to Peacemaker voting.
- A Buyer’s failure to respond during the Extension Review Window results in automatic release to the Seller.
4.5(c) Mutual Extensions Do Not Create Custody
All extensions—whether pre-dispute or in-dispute—must be initiated and approved solely by the transacting parties. SmartShell merely updates its internal expiration timestamp upon such mutual approval.
Fisheez PBC does not:
- alter deadlines on behalf of users,
- unilaterally grant extensions,
- hold funds while extensions are negotiated, or
- modify escrow terms outside the actions taken directly by users.
These safeguards maintain the Platform’s non-custodial and non-intermediary status.
4.5(d) Temporary Service Degradation and Emergency Pause
In limited circumstances where a verified platform outage or technical failure materially prevents Buyers or Sellers from accessing standard SmartShell controls (“Degraded Service Event”), SmartShell Escrow supports a one-time Emergency Pause mechanism as further defined in the SmartShell Escrow Agreement.
During an Emergency Pause:
(i) all active escrow timers, including delivery windows, inspection periods, dispute cycles, voting periods, and appeal windows, are temporarily paused;
(ii) no escrow funds are released, refunded, reallocated, or modified;
(iii) the underlying escrow or dispute state remains unchanged; and
(iv) no votes, evidence, or outcomes are reset, altered, or invalidated.
Each Emergency Pause has a fixed, non-extendable duration encoded in SmartShell protocol logic. Upon expiration, all escrow timers automatically resume from the point at which they were paused, and the escrow proceeds under the same rules and deadlines that would have applied absent the pause.
Only one Emergency Pause may be applied per escrow. Emergency Pauses may not be stacked, renewed, or used to cancel disputes, avoid outcomes, or extend escrow beyond the maximum periods otherwise permitted under SmartShell rules.
Emergency Pauses are executed automatically by smart-contract logic. Fisheez PBC does not manually approve, deny, extend, or terminate Emergency Pauses and does not exercise custodial control or discretionary authority over escrowed funds.
Temporary front-end unavailability does not create custody, fiduciary responsibility, or money-transmission liability for Fisheez PBC. All escrows are designed to resolve deterministically in accordance with encoded contract rules and the SmartShell Escrow Agreement.
4.6 Taxes and Regulatory Compliance
Taxes, fees, and deductions applicable to a transaction are automatically calculated through Avalara or a comparable tax service.
All relevant amounts are automatically separated and remitted to their respective destinations during contract execution.
Users are solely responsible for reporting and paying any additional taxes required under federal, state, or local law.
4.7 Charitable Allocations
Certain transaction types may include a small percentage automatically routed to a charitable wallet associated with the Fishlanthropy Foundation, a related nonprofit organization.
Fisheez PBC may, at its discretion, manage this wallet temporarily until full control is transferred to the Foundation.
Charitable funds are not user deposits and are not refundable once distributed.
4.8 Non-Custodial Disclaimer
Fisheez PBC provides Smart Shell Escrow solely as a software service and not as a financial custodian.
At no point does Fisheez PBC:
- take possession of, or exert control over, user funds;
- hold or transmit fiat currency; or
- act as a payment processor, escrow agent, or fiduciary.
All transactions are executed directly between users through blockchain technology, and Fisheez PBC’s role is limited to developing, maintaining, and facilitating that technology.
4.9 Liability & Technical Limitations
This Section 4 defines the entirety of Fisheez PBC’s technical obligations with respect to escrow functionality. All other responsibilities are limited to maintaining the interface and ensuring access to the deployed smart-contract addresses.
Fisheez PBC is not liable for any losses, delays, or errors resulting from:
- user mistakes in entering wallet addresses or transaction data;
- blockchain network congestion or gas-price fluctuations;
- smart contract exploits or third-party security breaches;
- non-performance or fraud by counterparties; or
- any cause beyond Fisheez PBC’s reasonable control.
Users assume all risk of blockchain-based transactions and agree to hold Fisheez PBC harmless for outcomes governed by immutable contract code.
4.10 Regulatory Classification
Under applicable U.S. Treasury and FinCEN guidance (31 CFR § 1010.100(ff)), Fisheez PBC does not constitute a “money services business” or “money transmitter,” because:
- it does not accept or transmit value on behalf of others;
- all value transfers occur directly between users via self-executing Smart Shell contracts; and
- Fisheez PBC’s role is limited to providing software and interface tools enabling such transactions.
Fisheez PBC operates as a technology platform and escrow facilitator, not as a financial intermediary or custodian.
4.11 Incorporation of SmartShell Escrow Agreement
All escrow-based transactions on the Fisheez platform are additionally governed by the SmartShell Escrow Agreement, which forms a binding part of these Terms and is incorporated herein by reference. By participating in any transaction that uses SmartShell, you agree to the terms of the SmartShell Escrow Agreement. If you do not agree, you must not use SmartShell or participate in escrow-based transactions.

