Dispute Resolution & Refund Policy

Applies to all escrow-based transactions for goods, services, and live events conducted via SmartShell contracts. This policy is incorporated by reference into the Fisheez Terms of Service and SmartShell Escrow Agreement.)

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1. Purpose and Scope

This Policy explains how disputes, appeals, returns, and refunds are handled for all escrow-based transactions conducted on the Fisheez platform through SmartShell smart contracts.

This Policy is incorporated by reference into:

• The Fisheez Terms of Service
• The SmartShell Escrow Agreement
• The Peacemaker Governance & Charter
• Any category-specific marketplace rules published by Fisheez

It applies to all users, including buyers, sellers, service providers, promoters, and Peacemakers.

Fisheez operates as a non-custodial marketplace facilitator. Fisheez is not a bank, money transmitter, escrow agent, trustee, or fiduciary. All funds movements occur automatically through smart contracts deployed on supported blockchains.

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2. Core Principles

2.1 Non-Custodial Execution

• Payments are made directly between buyer and seller wallets via SmartShell contract logic.
• Fisheez does not receive, hold, re-route, or pool user funds off-chain.
• Fisheez cannot manually pause, reverse, or redirect escrowed funds once a SmartShell contract is live.

2.2 Deterministic Timers

• All escrow, dispute, appeal, and return windows operate on fixed, pre-defined durations.
• Once a timer starts, Fisheez cannot extend, shorten, or otherwise alter it except where expressly permitted and agreed by both parties in writing (e.g., technical error correction).

2.3 Transparency and Auditability

• Dispute- and appeal-related events (filings, submissions, votes, and outcomes) are timestamped and recorded on-chain or in associated verifiable logs.
• Peacemaker voting and outcomes are recorded in a manner that allows independent verification of process integrity.

2.4 No Partial Refunds

• SmartShell supports only binary outcomes:
  • Forward – full release of escrowed funds to the seller; or
  • Backward – full refund of escrowed funds to the buyer.
• Partial, percentage-based, or split payments within a single escrow contract are not supported.

2.5 Good-Faith Participation

All users participating in a dispute or appeal must:

• Provide truthful statements and evidence
• Respond within required timeframes
• Refrain from harassment, abuse, or frivolous filings
• Refrain from manipulating the Peacemaker process or creating duplicate or bad-faith cases

Violation of these expectations may result in account suspension or removal from the marketplace.

2.6 Temporary Service Degradation and Dispute Continuity

In limited circumstances where a verified platform outage or technical failure materially prevents users from accessing standard dispute or escrow interfaces (“Degraded Service Event”), SmartShell may temporarily pause applicable dispute- and escrow-related timers in accordance with the SmartShell Escrow Agreement.

During any such temporary pause:

(a) active disputes, appeals, return windows, and review periods remain open but do not progress toward expiration;
(b) no escrow funds are released, refunded, reallocated, or otherwise modified;
(c) no votes, evidence submissions, or dispute outcomes are reset, invalidated, or altered; and
(d) no party gains additional dispute rights, extensions, or procedural advantages.

Any temporary pause has a fixed, non-extendable duration and may be applied no more than once per escrow. Upon expiration of the pause, all dispute and escrow timers automatically resume from the point at which they were paused and proceed under the same rules and deadlines that would have applied absent the pause.

Temporary service degradation does not permit unilateral cancellation of disputes, avoidance of outcomes, or indefinite suspension of escrow resolution. All disputes and appeals are designed to resolve deterministically in accordance with this Policy and the SmartShell Escrow Agreement.

2.7 Uncontrollable Service Interruptions

Certain events may occur that are outside the reasonable control of Fisheez, including but not limited to widespread power outages, internet backbone failures, data center disruptions, cloud service provider outages, blockchain network halts, natural disasters, acts of war, terrorism, government action, or other force majeure events (“Uncontrollable Interruptions”).

In the event of an Uncontrollable Interruption:

(a) Fisheez may be unable to provide access to standard platform interfaces, fallback interfaces, or emergency access tools;
(b) SmartShell escrow contracts continue to exist and operate on the underlying blockchain according to their encoded logic;
(c) no manual intervention, discretionary fund movement, or custodial control will occur; and
(d) escrow outcomes will proceed automatically once applicable contract conditions, deadlines, or pause periods expire.

Uncontrollable Interruptions do not create an obligation for Fisheez to pause, reverse, manually resolve, or otherwise interfere with escrow outcomes. All parties acknowledge that SmartShell escrows are designed to resolve deterministically based on contract rules, even if access to user interfaces is temporarily unavailable.

By using the Platform, Buyers and Sellers accept the inherent risks associated with distributed systems, blockchain infrastructure, and global network dependencies, including the possibility that access to dispute or escrow interfaces may be temporarily unavailable due to events beyond Fisheez’s control.

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3. Escrow Duration and Settlement (All Categories)

3.0 Seller Acknowledgment Window (72 Hours)

When a Buyer funds a SmartShell contract, the transaction first enters a Pending Acceptance state.

Within 72 hours of funding, the Seller must either:

• Accept the order → the escrow becomes Active, and the standard escrow timers and rules in this Policy and the SmartShell Escrow Agreement apply;
• Decline the order → SmartShell automatically refunds the full escrowed amount to the Buyer; or
• Fail to respond within 72 hours → SmartShell automatically cancels the transaction and refunds the Buyer in full.

No dispute is required for a Seller non-response or decline during this Seller Acknowledgment Window.

During this window, the escrow is not treated as Active and the dispute, return, and appeal processes do not apply.

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3.1 Default Escrow Expiration

Once an escrow becomes Active and the applicable escrow timer is running, if the contract reaches its scheduled expiration time and:

• no dispute has been filed; and
• no return request process is active; and
• the Buyer has not otherwise requested cancellation;

then SmartShell automatically releases funds to the Seller. This release is final and irreversible.

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3.2 Buyer Early Release

At any time before expiration of an Active escrow, a Buyer may voluntarily mark a transaction as complete or approve early release of funds. When a Buyer does so:

• SmartShell immediately releases funds to the Seller; and
• the Buyer waives all dispute rights related to that escrow contract.

Early Release is final and irreversible.

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3.3 Escrow Extensions (Pre-Dispute)

Before a dispute is filed on an Active escrow, Buyers and Sellers may extend the escrow expiration by mutual agreement.

Either party may request an extension and must specify a custom number of additional days between 1 and 28.

Extensions:

• must be submitted before the current escrow deadline;
• take effect only upon mutual approval;
• may be requested multiple times; and
• result in automatic release to the Seller at the extended expiration unless a dispute is filed before the new deadline.

SmartShell only adjusts timers based on direct user approval and does not create any custodial obligations for Fisheez.

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4. Standard Dispute and Appeal Cycles (All Categories)

The following dispute and appeal rules apply to all escrow contracts, with additional rules for shipped physical goods in Section 6.

4.1 Dispute Filing

• Either party may file a dispute any time before the active escrow timer expires, or within the specialized windows indicated for shipped goods (see Section 6).
• Filing a dispute replaces the existing escrow timer with a 7-day Dispute Cycle handled under this Policy.

4.1(a) Effect on Extensions

Once a dispute is filed, all outstanding or pending Pre-Dispute Extension requests are locked.

Any additional deadline extensions may occur only during the Q&A portion of the Dispute Cycle, and only through a mutually approved In-Dispute Extension.

Only one In-Dispute Extension may be granted per dispute.

4.2 Dispute Cycle (7 Days)

During the Dispute Cycle:

1. Both parties may submit written statements, documents, photos, or video evidence.
2. Peacemakers may pose follow-up questions to clarify the record.
3. At the end of the cycle, Peacemakers vote to determine whether the Buyer or Seller should receive the funds.

If fewer than the required minimum number of valid votes are cast or a tie occurs, the matter is escalated to an Appeal Cycle.

4.2(a) In-Dispute Extensions

During the Private Response and Public Rebuttal phases of the Dispute Cycle (collectively, “Q&A”), either party may request an In-Dispute Extension specifying a custom number of days between 1 and 28.

Such extensions:

• require explicit approval by the other party;
• pause the Dispute Cycle and temporarily close the dispute;
• may be used only once per dispute.

When an In-Dispute Extension ends, the contract automatically enters the Extension Review Window described in §4.5.

No extensions of any kind may be requested once the Voting Window opens.

4.3 Appeal Cycle (7 Days)

• Either party may initiate an appeal within the designated appeal filing period.
• An Appeal Cycle is handled by a different Peacemaker pool.
• The Appeal Cycle lasts 7 days, during which the panel reviews the evidence and prior decision.
• Appeal outcomes are final. There is no second appeal.

4.4 Final Execution

At the conclusion of the Dispute Cycle or Appeal Cycle:

• If the Buyer prevails, SmartShell refunds the full escrowed amount to the Buyer (Backward).
• If the Seller prevails, SmartShell releases the full escrowed amount to the Seller (Forward).

No manual intervention by Fisheez staff is required or permitted for this execution, except in the case of verified technical malfunction of SmartShell, (see section 9.1).

4.5 Extension Phase and Review

4.5.1 Extension Phase

When an In-Dispute Extension is approved:

• the dispute closes temporarily;
• SmartShell extends the escrow deadline by the mutually agreed number of days (1–28); and
• the Seller performs the agreed corrective actions (or the Buyer awaits performance).

During this Extension Phase, new disputes cannot be filed regarding the same escrow; instead, any concerns are addressed during the Extension Review Window.

4.5.2 Extension Review Window (48 Hours)

When the In-Dispute Extension expires, SmartShell automatically initiates a 48-hour Extension Review Window:

• If the Buyer confirms resolution → SmartShell releases funds to the Seller.
• If the Buyer asserts non-performance → the case proceeds directly to the Voting Phase without restarting the Dispute Cycle.
• If the Buyer does not respond → SmartShell releases funds to the Seller automatically.

Only evidence relating to performance during the extension may be submitted during this window.

4.5.3 No Extensions During Voting or Appeal

Extensions cannot be requested:

• once the Voting Window opens,
• during the Appeal Filing Window, or
• during any Appeal Cycle.

Appeal outcomes are final and binary: full release to the Seller or full refund to the Buyer.

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5. Mutual Cancellations

A Buyer may request cancellation at any time before funds are released.

5.1 Mutual Cancellation — Non-Shipped Transactions

If the Seller accepts the cancellation request for local goods or services, SmartShell immediately returns the escrowed amount to the Buyer.

If the Seller declines or does not respond, the Buyer may file a dispute, which is resolved under the Standard Dispute and Appeal Cycles.

Pre-Dispute Extensions do not affect the Buyer’s right to request cancellation during the active escrow period, and do not create a prohibition on dispute filing.

5.2 Mutual Cancellation — Shipped Physical Goods

If the transaction involves shipped physical goods, and the Buyer has already received or is in possession of the goods, or the goods have already been shipped by the Seller, any mutual cancellation is treated as a return.

Accordingly:

• The cancellation converts into ReturnRequired under Section 6;
• The 21-Day Buyer Return Window begins immediately;
• The Buyer must return the item in accordance with the rules of Section 6; and
• Refunds may only be issued after the return process is completed.

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6. Shipped Physical Goods — Returns, Disputes, and Refunds

This Section applies to any transaction where goods are shipped from a Seller to a Buyer (including postal services, couriers, and freight). Where this Section conflicts with general provisions above, this Section controls for shipped goods.

6.1 Carrier Independence

Fisheez and SmartShell:

• Do not integrate with, query, or rely on carrier APIs (e.g., USPS, UPS, FedEx) to manage escrow timing or releases.
• Do not automatically release funds based on delivery scans or shipping status updates.

All decisions are based solely on:

• Contract timers, and
• User actions recorded via the Fisheez platform (e.g., return requests, tracking submission, dispute filings).

6.2 Recommended Escrow Duration for Shipped Goods

• Fisheez recommends that Sellers select an escrow duration of at least 30 days for shipped goods to allow for transit, potential returns, and any necessary dispute process.
• Buyers are responsible for understanding the chosen escrow duration and acting promptly if problems arise.

6.3 Return Request – Seller Response Window (72 Hours)

When the Buyer requests a return for shipped physical goods:

• The original escrow expiration timer is replaced and rendered inoperative.
• SmartShell creates a 72-hour Seller Response Window that governs the next required action.

Seller actions during this window:

1. Accept Return → initiates ReturnRequired under Section 6.4
2. Reject Return → triggers the Standard Dispute Cycle
3. No Response → SmartShell automatically triggers a dispute

The consequences are:

• Accept Return → the contract enters ReturnRequired status (Section 6.4).
• Reject Return → a dispute is opened and the matter enters the Standard Dispute Cycle (Section 4), which may result in ReturnRequired if the Buyer prevails.
• No Response → SmartShell automatically treats the non-response as if the Buyer filed a dispute and moves the matter to the Standard Dispute Cycle.

6.4 ReturnRequired Status

“ReturnRequired” means that, as a condition of receiving a refund, the Buyer must ship the goods back to the Seller.

ReturnRequired may arise from:

• Seller accepting a return request;
• Buyer prevailing in a dispute where the remedy is “return for refund”; or
• Buyer prevailing in an appeal with the same remedy.

Once ReturnRequired is activated, the transaction enters the Buyer Return Window (Section 6.5).

6.5 Buyer Return Window — 21 Days

The Buyer Return Window lasts 21 consecutive calendar days from the moment ReturnRequired is activated.

Within this 21-day window, the Buyer must:

1. Ship the item back to the Seller using a carrier of the Buyer’s choosing; and
2. Enter valid tracking information for the return shipment into the Fisheez platform before the 21-day deadline.

If the Buyer is unable to return the goods within the 21-day window (for example, due to hospitalization or severe emergency), the Buyer must file or maintain a dispute before the close of the window, explaining why additional time is needed. Peacemakers may consider that circumstance when ruling on the dispute.

The Seller may at any time during the Buyer Return Window file a dispute related to:

• Fraudulent or obviously invalid tracking;
• Repeated return attempts that fail for reasons attributable to the Buyer; or
• Any clear abuse of the return process.

6.5.1 End of Buyer Return Window — Outcomes

At the end of the 21-day Buyer Return Window:

• If the Seller has filed a dispute:

  → The matter enters the Return Dispute Cycle (Section 6.7).

• If the Buyer has entered tracking and the Seller has not filed a dispute:

  → The contract automatically transitions into the Seller Review Window (Section 6.6).

• If the Buyer has not entered tracking and no dispute is open:

  → SmartShell treats the return as incomplete and releases the escrowed funds forward to the Seller. This outcome is final.

6.6 Seller Review Window — 3 Days

The Seller Review Window lasts 3 consecutive calendar days and exists to protect Sellers in situations where deliveries occur near a deadline, during weekends or holidays, or where a Seller reasonably could not inspect the package immediately.

During this 3-day window:

• Only the Seller may file a dispute (a “Return Issue Dispute”) relating to:
  • Non-receipt of the package;
  • Receipt of the wrong or incomplete item(s);
  • Damaged, tampered, or obviously fraudulent returns (e.g., empty boxes, substituted items);
  • Any other serious defect in the return.
• The Buyer cannot initiate new disputes during this window but may respond with evidence if a Seller dispute is opened.

6.6.1 End of Seller Review Window — Outcomes

At the end of the 3-day Seller Review Window:

• If the Seller has opened a Return Issue Dispute:

  → The matter enters the Return Dispute Cycle (Section 6.7).

• If the Seller has not opened a dispute:

  → SmartShell refunds the full escrowed amount backward to the Buyer. This outcome is final.

6.7 Return Dispute and Return Appeal Cycles

If the return request becomes a dispute (either due to rejection or Seller non-response):

• The case proceeds through the 7-Day Dispute Cycle.
• If the Buyer prevails, the remedy is always ReturnRequired, unless Peacemakers specify otherwise.
• Immediately upon that decision, SmartShell initiates the 21-Day Buyer Return Window (Section 6.5), after which the Seller Review Window (Section 6.6) applies.
• If the Seller prevails, SmartShell releases funds forward to the Seller.

This ensures that all return-required disputes re-enter the full return workflow, preserving the Seller’s right to inspect.

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7. In-Person Goods and Services (Non-Shipped Transactions)

This Section applies to:

• Local or in-person goods hand-offs,
• Digital services (e.g., design, software, consulting), and
• Physical services (e.g., repair work, home services, live performances) that do not require shipping goods back to the Seller.

7.1 Standard Escrow and Dispute Timing

For these categories:

• The transaction remains in Escrow Active status until:
  • the buyer releases funds;
  • escrow expires; or
  • a dispute is filed.
• Dispute and appeal cycles follow the general timing in Section 4 (7-day Dispute, 7-day Appeal).
• In-Person and service-based transactions may still use Pre-Dispute Extensions or a single In-Dispute Extension as described in Sections 3.3 and 4.5.

7.2 No ReturnRequired State

Because there is no physical return shipment:

• The ReturnRequired, Buyer Return Window, and Seller Review Window described in Section 6 do not apply.
• All disagreements must be addressed through the standard Dispute and Appeal Cycles during the active escrow period.

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8. Milestone-Based Service Contracts

For complex or long-duration projects (for example: construction, software development, ongoing marketing services), Sellers may structure work into multiple milestones, each governed by its own SmartShell contract.

8.1 Independent Milestones

• Each milestone has its own funding amount, escrow duration, and expiration date.
• Milestones may be funded sequentially or simultaneously.
• Disputes, appeals, and refunds apply only to the milestone at issue; they do not automatically affect other milestones.

8.2 Escrow Duration for Milestones

• Each milestone’s escrow duration must be equal to or longer than the expected completion period for that milestone, taking into account inspection or acceptance periods agreed between Buyer and Seller.
• Buyers must raise concerns and file disputes within the active escrow period for the milestone in question.

8.3 Early Release Per Milestone

• If a Buyer releases funds for a milestone, that milestone is considered complete and no further disputes may be raised for that milestone.

8.4 Cancellations and Scope Changes

• Mutual cancellations of a milestone follow the Mutual Cancellation rules in Section 5.
• Substantial changes in project scope should be handled by creating new milestones or separate contracts rather than informally altering expectations for an existing one.

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9. Refund Pathways

Refunds occur only under the following conditions:

1. The Buyer prevails in a Dispute or Appeal (including Return Disputes and Return Appeals);
2. The Seller accepts a Buyer-initiated mutual cancellation;
3. A SmartShell contract malfunction prevents execution of the originally encoded outcome.

9.1 SmartShell Malfunction Clause

A SmartShell malfunction refers only to a verifiable on-chain execution error in which the contract cannot perform the result specified by a dispute decision, appeal decision, or escrow rule.

In such a case:

• Fisheez may deploy a corrective contract patch or migration mechanism strictly to enable execution of the originally encoded outcome;
• Fisheez cannot reroute funds, make discretionary decisions, or select winners;
• All corrective actions must be nondiscretionary and fully transparent.

Nothing in this subsection authorizes Fisheez to manually move funds, override final decisions, or exert custodial control.

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10. Enforcement and Penalties

• Users who submit falsified evidence, abuse the dispute process, attempt to manipulate Peacemaker voting, or engage in repeated bad-faith behavior may face suspension or permanent banning from the Fisheez platform.
• Criminal or fraudulent conduct may be reported to appropriate authorities.

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11. Legal Framework and References

SmartShell and the dispute system are designed to operate within, and be interpreted consistently with, the following legal frameworks (as applicable by jurisdiction):

• Uniform Electronic Transactions Act (UETA) (as adopted by U.S. states)
• Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. §§ 7001–7031
• Federal Arbitration Act (FAA), 9 U.S.C. §§ 1–16
• 47 U.S.C. § 230 (Communications Decency Act – Safe Harbor for online intermediaries)
• Applicable state contract law, commercial law, and smart-contract/escrow precedents in relevant jurisdictions
• Applicable consumer protection, unfair practices, and electronic commerce laws

Nothing in this Policy is intended to:

• Expand Fisheez’s obligations beyond those imposed by applicable law; or
• Waive any disclaimers, limitations of liability, or arbitration provisions contained in the Fisheez Terms of Service.

In the event of a conflict between this Policy and the Fisheez Terms of Service, the Terms of Service control.

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12. Purpose of This Policy

This Policy is intended to provide:

• A predictable, time-bounded, and community-governed mechanism for resolving disputes;
• A clear path for returns and refunds in a non-custodial environment; and
• A consistent framework that supports shipped goods, in-person goods, services, live events, and milestone-based projects.

By using the Fisheez platform and SmartShell escrow, you agree to be bound by this Dispute Resolution & Refund Policy.