Terms of Service
§9 Warranty Disclaimer & Limitation of Liability
Last updated February 10, 2026
9.1 Platform Provided “As Is”
The Fisheez Platform, Smart Shell smart-contract system, and all related tools are provided “as is” and “as available.”
Fisheez PBC makes no warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, accuracy, reliability, or uninterrupted availability.
Operation of the Platform depends on decentralized networks, oracles (including Chainlink), shipping APIs, and other external systems outside Fisheez’s control.
Interruptions or delays inherent in distributed-ledger or third-party networks do not constitute a breach of warranty.
9.2 User Responsibility
Each User is solely responsible for:
- the accuracy of listings, pricing, and descriptions;
- verifying counterparties before transacting;
- maintaining secure control of their wallet and private keys; and
- complying with all applicable laws and regulations.
Fisheez PBC cannot recover lost keys or restore wallet access and bears no liability for user error, loss, or mis-sent funds.
9.3 Non-Custodial Limitation
Funds and digital assets used in transactions are never held in custody by Fisheez PBC or the Fishlanthropy Foundation.
All deposits, holds, and releases occur automatically through Smart Shell Escrow contracts deployed on public blockchains.
Because Fisheez has no control once funds enter a smart contract, it cannot reverse, freeze, or reissue payments.
Users acknowledge that blockchain transactions are irreversible and final.
9.4 Third-Party Integrations
The Platform may interface with third-party wallets, carriers, tax engines, analytics tools, or communication services.
Such integrations operate independently and are governed by their own terms.
Fisheez PBC is not liable for downtime, errors, or losses resulting from third-party systems or blockchain-network congestion.
9.5 No Guarantee of Listings or Outcomes
Fisheez PBC does not guarantee or warrant:
- the existence, legality, or quality of any item or service;
- the identity, reliability, or performance of any Buyer, Seller, or Promoter; or
- that any transaction will reach completion or hold value.
All participation occurs at the User’s own risk, subject to the Peacemaker System (§ 7) for dispute resolution.
9.6 Limitation of Liability
To the maximum extent permitted by law:
- Fisheez PBC, its directors, officers, employees, agents, licensors, and affiliates are not liable for any indirect, incidental, consequential, exemplary, or punitive damages, including lost profits, data, goodwill, or digital assets.
- Aggregate liability for any claim shall not exceed the greater of (i) USD $100 or (ii) the total fees paid to Fisheez PBC by that User in the preceding 12 months.
Where local law limits liability exclusions, the restrictions apply to the fullest extent permitted.
9.7 Indemnity for User Actions
Users agree to defend, indemnify, and hold harmless Fisheez PBC and its affiliates from any claim, loss, or expense (including attorneys’ fees) arising out of:
- User listings, transactions, or conduct;
- breach of these Terms or violation of law;
- infringement or misuse of third-party intellectual property; or
- misuse of Platform data, NFTs, or smart-contract tools.
Fisheez PBC retains the right—but not the obligation—to assume control of any defense subject to indemnification.
9.8 No Fiduciary or Advisory Role
Fisheez PBC is not a fiduciary, broker, custodian, escrow agent, or financial advisor.
Participation in the Platform does not create a partnership, agency, or employment relationship between Fisheez PBC and any User.
For the avoidance of doubt, the Platform does not provide professional advice of any kind. Use of the Platform is further governed by the No Professional Advice Disclaimer, which is incorporated by reference.
9.9 Public Benefit Statement (Non-Waiver)
As a Delaware Public Benefit Corporation, Fisheez PBC pursues a mission to promote fair commerce and transparent, community-driven dispute resolution.
This public-benefit purpose does not expand liability or create enforceable third-party rights beyond those expressly provided in these Terms.
9.10 Survival
All disclaimers, limitations, and indemnification provisions in this Section 9 survive termination of these Terms or closure of any User account.
9.11 No Professional Advice
Information provided through the Platform, including listings, messages, content, tools, or communications facilitated through Classifieds or other features, is provided for general informational purposes only and does not constitute legal, financial, tax, investment, real estate, employment, or other professional advice.
Fisheez PBC does not provide professional advice and does not recommend or endorse any specific course of action, listing, user, transaction, or decision.
Users are solely responsible for seeking independent professional advice from qualified professionals before making decisions or entering into agreements.
Additional disclosures regarding professional advice are provided in the No Professional Advice Disclaimer, which is incorporated by reference.