Terms of Service
Last updated: March 23, 2026
1. Platform Description
defi.xwire.ai ("the Platform") is a decentralized finance (DeFi) lending and borrowing marketplace operated by Xwire AI, Inc. ("Xwire," "we," "us," or "our"). The Platform enables users to deposit USDC into lending pools, borrow against collateral, and invest in tokenized real estate debt instruments.
The Platform is not a bank. We are not a depository institution, broker-dealer, investment adviser, or insurance company. Deposits on the Platform are not bank deposits and are not insured by the Federal Deposit Insurance Corporation (FDIC), the Securities Investor Protection Corporation (SIPC), or any other governmental agency.
By using the Platform, you acknowledge that you understand these distinctions and the associated risks described in our Risk Disclosure.
2. Eligibility
To use the Platform, you must:
- Be at least 18 years of age (or the age of majority in your jurisdiction).
- Complete identity verification (KYC) as required by applicable regulations.
- Not be a resident of, or located in, any jurisdiction where the Platform's services are prohibited.
- Not be listed on any government sanctions list (OFAC SDN list, EU sanctions, etc.).
For tokenized real estate investments: you must additionally qualify as an "accredited investor" under SEC Regulation D, Rule 506(c). We will verify accredited investor status before permitting access to these investment opportunities.
3. Risk Disclosures
Use of the Platform involves substantial risks. By using the Platform, you acknowledge and accept the following:
- Smart Contract Risk: The Platform relies on smart contracts that may contain bugs, vulnerabilities, or exploits. Smart contracts have not yet undergone an independent security audit.
- Liquidation Risk: Borrowed positions may be liquidated if collateral value falls below required thresholds. Liquidation incurs a 5% penalty.
- Rate Variability: Advertised APY and APR rates are variable and depend on pool utilization, market conditions, and protocol parameters. Rates shown are targets, not guarantees.
- Not FDIC Insured: Deposits are not insured by any governmental agency. You may lose some or all of your deposited funds.
- USDC Depeg Risk: While USDC is designed to maintain a 1:1 peg with USD, there is no guarantee that this peg will be maintained at all times.
- Regulatory Risk:DeFi regulations are evolving. Changes in law or regulation may affect the availability or legality of the Platform's services.
For comprehensive risk information, please review our Risk Disclosure page.
3a. Money Transmission
We are not a money transmitter. Xwire AI, Inc. does not transmit, hold in trust, or custody customer funds. USDC transactions on the Platform are facilitated through Circle Technologies, Inc., a licensed money services business (MSB) registered with FinCEN. Fiat on-ramp/off-ramp services are provided by third-party payment processors (Circle, MoonPay, Ramp Network) that maintain their own money transmitter licenses.
You acknowledge that Xwire AI, Inc. is a technology platform provider, not a financial institution, money transmitter, or payment processor. We do not hold customer deposits in omnibus bank accounts.
4. User Obligations
As a user of the Platform, you agree to:
- Provide accurate and complete information during registration and KYC verification.
- Maintain the confidentiality of your account credentials and wallet private keys.
- Comply with all applicable laws and regulations, including tax reporting obligations.
- Monitor your positions and maintain adequate collateral for any borrowed amounts.
- Promptly report any unauthorized access to your account.
- Not use the Platform for any unlawful purpose, including money laundering or terrorist financing.
5. Prohibited Activities
You may not use the Platform to:
- Engage in market manipulation, wash trading, or any form of fraudulent activity.
- Circumvent or attempt to circumvent any security measures, rate limits, or access controls.
- Use automated systems (bots, scrapers) to interact with the Platform without prior written consent.
- Exploit smart contract vulnerabilities or protocol mechanics for unauthorized gain.
- Transfer funds derived from illegal activities or in violation of sanctions laws.
- Impersonate another person or entity, or misrepresent your affiliation or credentials.
- Interfere with or disrupt the Platform's infrastructure or other users' experience.
6. Fees
The Platform charges fees as follows:
- Protocol spread between deposit APY and borrow APR.
- Liquidation penalty: 5% of liquidated collateral (split between liquidator and protocol).
- Secondary market trading fee: 1% of transaction value.
- Advisory fees (if using advisor services): 0.5-1% of assets under management.
Fees are subject to change. We will provide notice of fee changes through the Platform.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XWIRE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- Your use of or inability to use the Platform.
- Smart contract failures, bugs, or exploits.
- Liquidation of your collateral or positions.
- Loss of deposited funds due to any cause.
- Unauthorized access to your account.
- Changes in APY/APR rates or pool conditions.
- Third-party actions, including USDC issuer actions.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT OF FEES PAID BY YOU TO THE PLATFORM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
8. Intellectual Property
All content, trademarks, logos, and intellectual property on the Platform are owned by or licensed to Xwire AI, Inc. You may not reproduce, distribute, or create derivative works from any Platform content without our prior written consent.
9. Termination
We may suspend or terminate your access to the Platform at any time for violation of these Terms, suspected fraudulent activity, regulatory requirements, or at our sole discretion. Upon termination:
- You must repay any outstanding borrowed amounts.
- You may withdraw deposited funds, subject to any applicable lock-up periods and pool liquidity.
- We will provide reasonable notice where practicable.
10. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.
Any disputes arising out of or relating to these Terms or the Platform shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Wilmington, Delaware. You agree to waive any right to a jury trial or to participate in a class action.
11. Changes to These Terms
We reserve the right to modify these Terms at any time. We will notify users of material changes through the Platform or via email. Your continued use of the Platform after such notification constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Platform.
12. Contact Information
For questions about these Terms, please contact us at legal@xwire.ai.