TERMS OF SERVICE

1. Introduction

Welcome to Shift ("we," "our," or "us"). By accessing or using our platform at shift.finance ("Platform") and applying for membership, you agree to be bound by these Terms of Service ("Terms").

Read these Terms carefully before using the Platform or submitting a membership application. If you don't agree, you cannot access the Platform or apply for membership.

2. Eligibility

To use the Platform and apply for membership, you must:

• Be at least 18 years of age
• Have legal capacity to enter binding contracts
• Not be prohibited from using the Platform under applicable laws
• Provide accurate, current, and complete information in your application
• Be able to verify your identity through our KYC procedures

3. Membership Application and Account

3.1 Application Process

Shift operates on an invite only basis. Membership applications require personal information including name, contact details, and other information as specified in our membership signup application. By submitting an application, you agree that:

• All information provided is accurate, current, and complete
• You'll maintain and promptly update this information
• We reserve the right to accept or reject applications at our sole discretion
• Membership approval may take several weeks as we conduct thorough due diligence

3.2 Account Security

If approved for membership, you're responsible for:

• Maintaining confidentiality of your account credentials and private keys
• All activities occurring under your account
• Immediately notifying us of any unauthorized access
• Understanding that Shift operates on a self custodial model - you control your assets and we cannot recover lost credentials or private keys

4. Services

4.1 Self Custodial Model

Shift provides a noncustodial platform. You maintain full control and ownership of your assets. We do not hold, custody, or have access to your private keys or funds at any time.

4.2 Financial Services

Our Platform offers:

• Self custodial crypto asset management
• Fiat banking services through regulated partner institutions
• Payment card services with cashback rewards
• Yield generating opportunities (APY rates are variable and not guaranteed)

4.3 Third Party Services

Certain services are provided through regulated third party partners. Use of these services is subject to additional terms imposed by those partners.

5. Privacy and Data Use

Your personal information is governed by our Privacy Policy at shift-apply.com/privacy. By using the Platform, you consent to collection, use, and sharing of information as described in our Privacy Policy.

We may use your information to:

• Process and manage your membership application
• Provide requested services
• Send administrative updates and service notifications
• Send marketing communications (where you've consented)
• Improve our Platform and services
• Detect fraud and ensure security
• Comply with legal and regulatory obligations

6. User Conduct

You agree not to:

• Use the Platform to violate any laws or regulations
• Impersonate others or misrepresent your identity or affiliation
• Interfere with or disrupt Platform operations
• Submit false or misleading information
• Use the Platform for fraudulent, illegal, or unauthorized purposes
• Attempt to gain unauthorized access to other users' accounts or assets
• Use the Platform for money laundering, terrorist financing, or sanctions violations

7. Financial Disclaimers

7.1 Investment Risk

Cryptocurrency assets are highly volatile and speculative. You may lose some or all of your capital. Past performance doesn't guarantee future results.

7.2 Yield and Returns

APY rates advertised are variable and not guaranteed. Actual returns may differ and depend on market conditions, performance, and other factors beyond our control.

7.3 No Financial Advice

Nothing on the Platform constitutes financial, investment, legal, or tax advice. You should consult qualified professionals before making financial decisions.

8. Fees and Payments

We reserve the right to charge fees for Platform services. Current fee structures are available in your account dashboard. We may modify fees with reasonable notice.

9. Intellectual Property

All Platform content; text, graphics, logos, images, software, and trademarks - is owned by Shift or our licensors and protected by intellectual property laws. You may not reproduce, distribute, or create derivative works without written permission.

10. Limitation of Liability

To the fullest extent permitted by law, Shift shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, or use resulting from:

• Your use or inability to use the Platform
• Unauthorized access to your account or assets
• Loss of private keys or access credentials
• Interruption or cessation of Platform services
• Third party actions or service failures
• Cryptocurrency price volatility or market losses
• Smart contract failures or blockchain network issues

11. Disclaimers

The Platform is provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or noninfringement.

We don't guarantee:

• Continuous, uninterrupted, or error free Platform access
• Specific investment returns or APY rates
• Security of blockchain networks or smart contracts
• That the Platform will meet your requirements

12. Regulatory Compliance

You're responsible for compliance with all applicable laws and regulations in your jurisdiction, including tax obligations on cryptocurrency holdings and transactions.

13. Changes to Terms

We may modify these Terms at any time. We'll notify you of significant changes via email or Platform notice. Continued use after modifications constitutes acceptance of updated Terms.

14. Account Termination

We may suspend or terminate your access to Platform services immediately, without notice, if you breach these Terms or for any other reason at our discretion.

However, because Shift operates on a self custodial model, termination of Platform access does not affect your ability to manage and withdraw your funds. You will always retain full control of your assets through your private keys, regardless of your Platform membership status.

You may close your account at any time by withdrawing all assets and contacting support.

15. Dispute Resolution

Any disputes shall be resolved through binding arbitration in accordance with American Arbitration Association rules, except where prohibited by law. You waive the right to participate in class actions.

16. Governing Law

These Terms are governed by the laws of The United States, without regard to conflict of law provisions.

17. Contact

Questions about these Terms? Contact us at:

hello@shift-apply.com

18. Acknowledgment

By using the Platform and submitting a membership application, you acknowledge you've read, understood, and agree to be bound by these Terms.