Terms of Service
Effective date: 02/10/2026
Updated date: 02/10/2026
Version 2.1
Introduction
Please review these Terms carefully. By accessing or using Caplito, clicking “I Accept,” or creating an account, you confirm that: (1) you have read and understand these Terms; (2) you are of legal age to form a binding contract; and (3) you accept these Terms and agree to be bound by them. If you do not agree, do not access or use Caplito.
Important notice: Caplito is a non-custodial platform. We cannot initiate transfers of your digital assets or access your funds. We are not a bank, broker, financial institution, custodian, or fiduciary. We do not provide investment, tax, or legal advice. All transactions are executed through your wallet and are governed by the applicable blockchain network.
Agreement to Terms
When you access or utilize Caplito ("Service"), you enter into a binding agreement governed by these Terms of Service ("Terms"). Should you be acting on behalf of a business or organization, you confirm that you possess proper authority to commit that entity to these Terms. The "Effective Date" of this agreement is the earlier of: (i) your acceptance of these Terms by clicking "I Accept," or (ii) your first use of the Service.
Description of Service
Caplito provides a non-custodial digital wallet interface connected to your verified phone number. Through this interface, you can transfer and receive stablecoins—digital assets designed to maintain consistent value—with other users and participating merchants.
Non-Custodial Nature: Caplito does not hold, control, or have access to your digital assets. Your assets exist solely on the underlying blockchain, and transfers occur on that blockchain—not within our Service. We cannot reverse, cancel, or modify any blockchain transaction once submitted.
What We Are Not: We operate independently from banks and traditional financial institutions. We are not a broker, investment advisor, custodian, or fiduciary. We do not provide investment guidance, financial planning, tax advice, or legal counsel.
Eligibility Requirements
Age and Capacity
You must be at least 13 years of age to access Caplito. You must possess legal capacity within your jurisdiction and maintain a functioning mobile phone number for identity verification.
Regulatory Compliance
You confirm that you are not: (a) listed on any U.S. government register of sanctioned, prohibited, or restricted individuals; or (b) physically located within a country under comprehensive U.S. economic sanctions. If registering on behalf of an organization, that organization must hold legal standing to engage with the Service under these Terms.
Account Security
You commit to supplying truthful and complete information during registration. Safeguarding your account credentials, private keys, and mobile device remains your sole responsibility. Should we detect potential unauthorized activity, we reserve the right to suspend or deactivate your account as a protective measure.
You are responsible for all activities conducted through your account and wallet. You accept full responsibility for any authorized or unauthorized access to your wallet and agree to monitor usage to restrict access by minors.
SMS and Messaging Consent
By submitting your phone number, you authorize Caplito (HIG Inc.) to deliver SMS communications regarding your account activity, transactions, and service announcements. Message volume varies based on activity. Standard carrier message and data charges may apply.
- To discontinue SMS messages, respond STOP at any point
- To request assistance via text, respond HELP at any point
- For additional support, contact help@Caplito.xyz
License and Permitted Uses
License Grant
Subject to your compliance with these Terms, Caplito grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service solely for your personal, non-commercial purposes (or internal business purposes if you are a business entity).
Permitted Activities
You may use Caplito to:
- Establish and operate your personal digital wallet interface
- Transfer stablecoins to and from other Caplito users or enrolled merchants
- Submit payment requests and engage with available platform features
You commit to utilizing Caplito exclusively for legitimate purposes consistent with these Terms. We may implement transaction thresholds, identity verification protocols, or additional requirements to uphold legal compliance and platform security. When legally obligated, we may furnish information to regulatory bodies or law enforcement agencies.
Service Provisions
Hosting and Availability
Caplito will provide hosting for the Service at our expense. However, we bear no responsibility for telecommunications, internet connectivity, or hardware required for you to access the Service.
Updates and Modifications
You acknowledge that the Service is evolving. We may update, modify, or discontinue features at any time with or without notice. You may need to update third-party software periodically to maintain access.
Maintenance and Support
We will use commercially reasonable efforts to maintain the Service and respond to technical issues within 72 hours during normal business operations.
Equipment and Software
You must provide all equipment, software, and internet connectivity necessary to access the Service. You are solely responsible for any fees incurred, including mobile data charges. You are solely responsible for securing your devices; Caplito bears no liability if unauthorized parties access your device and initiate transactions.
Restrictions
You agree not to, and will not permit any third party to:
Technical Restrictions
- Reverse engineer, decompile, disassemble, or attempt to derive source code, algorithms, or underlying structure of the Service
- Modify, adapt, translate, or create derivative works based on the Service
- Interfere with operation of the Service or underlying hardware and networks
- Access the Service through any unauthorized interface or automated means
- Bypass or circumvent any security measures, content filters, or access restrictions
Commercial Restrictions
- Sublicense, lease, sell, resell, rent, loan, or distribute access to the Service
- Use the Service to build a similar or competitive product
- Sell, rent, or transfer access to your account without authorization
General Restrictions
- Allow unauthorized third parties to access the Service through your account
- Remove, alter, or obscure any proprietary notices, trademarks, or branding
- Use the Service for time-critical or mission-critical functions without acknowledging inherent risks
Prohibited Activities
The following activities are expressly forbidden:
Financial Crimes
- Engaging in fraud, money laundering, terrorism financing, or trafficking in prohibited goods
- Transmitting, accepting, or holding stolen, counterfeit, or unauthorized assets
- Using Caplito for any illegal activity under applicable law
Obfuscation and Evasion
- Concealing or misrepresenting the source or destination of funds through mixing services, anonymization tools, or transaction structuring
- Circumventing any transaction limits established by Caplito
Market Manipulation
- Front-running, wash trading, pump and dump schemes, ramping, cornering, or other fraudulent trading activities
- Creating false or misleading appearance of market activity in any digital asset
- Entering orders with knowledge that offsetting orders of similar size and price exist
- Participating in pools or syndicates organized to manipulate asset prices
Prohibited Business Activities
- Operating gambling services, pyramid schemes, or unlawful investment arrangements
- Conducting securities offerings, ICOs, or fundraising without proper authorization
- Using the Service for activities requiring registration or licensing you do not possess
- Creating, listing, or purchasing assets redeemable for securities or that provide financial rewards (including DeFi yields, staking bonuses, or burn discounts)
Platform Abuse
- Deploying bots, scripts, crawlers, or automated tools without explicit authorization
- Collecting or harvesting user data for direct marketing purposes
- Sending spam, phishing attempts, or unsolicited communications
- Interfering with other users' ability to use the Service
Identity Violations
- Misrepresenting yourself as another individual or entity
- Using another user's wallet without authorization
- Providing false or misleading information to Caplito
Intellectual Property Violations
- Making available any content that infringes patents, trademarks, trade secrets, copyrights, or publicity rights
Caplito maintains authority to monitor platform activity and flag suspicious behavior. We may restrict, freeze, or terminate accounts when we reasonably believe these Terms or applicable laws have been violated. Any unauthorized use immediately terminates all licenses granted herein.
Investigations and Enforcement
Caplito may, but is not obligated to, monitor the Service and user content at any time. We reserve the right, in our sole discretion, to:
- Remove any user content for any reason or no reason
- Investigate potential violations of these Terms
- Immediately terminate your license and access without prior notice
- Report suspected illegal activity to law enforcement
If we become aware of possible violations, we may take immediate action including changing, altering, or removing your content without prior notice.
Intellectual Property
Service Ownership
Except for open-source components and your user content, Caplito and its licensors own all rights, title, and interest in the Service, including all intellectual property rights. You will not remove, alter, or obscure any copyright, trademark, or proprietary notices.
Open-Source Software
The Service may incorporate open-source software subject to separate license terms. Nothing in these Terms limits your rights under, or grants rights superseding, applicable open-source licenses. We will make open-source components and modifications available upon written request where required.
Trademarks
Caplito and all related graphics, logos, service marks, and trade names are our trademarks and may not be used without permission. Other marks appearing in the Service are property of their respective owners.
Your Content
We do not claim ownership of content you create or upload. However, by posting content through the Service, you grant Caplito a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content for operating and improving the Service.
Feedback
Any ideas, suggestions, or proposals you submit to Caplito are provided at your own risk. You grant us a fully paid, royalty-free, perpetual, transferable, irrevocable, worldwide, sublicensable license to use, reproduce, modify, and commercially exploit any feedback for any purpose.
Blockchain Technology Risks
You acknowledge and accept the following risks:
Transaction Finality
Blockchain transactions must be confirmed and recorded on the underlying network. Caplito cannot ensure transaction validation, facilitate cancellations, or modify submitted transactions. Transaction details may be delayed or fail due to network conditions beyond our control.
Technical Expertise
You represent that you: (a) possess necessary technical ability to evaluate wallet security and operation; (b) have knowledge and professional advice to evaluate risks and compliance requirements; (c) understand and accept risks associated with blockchain technology; and (d) are responsible for independent analysis of specific digital asset risks.
Price Volatility
Digital asset prices can be extremely volatile. We make no warranties regarding markets, pricing, or trading conditions.
Tax Responsibility
You are solely responsible for determining applicable taxes on your transactions. We do not provide tax advice or calculate tax obligations.
Network Risks
Digital assets exist solely on their supporting blockchains. We do not store, send, or receive digital assets directly. Risks include but are not limited to:
- Hardware, software, and internet connection failures
- Malicious software introduction
- Unauthorized third-party access to wallet information
- Counterfeit assets, mislabeled assets, metadata decay
- Smart contract bugs rendering assets untransferable
- Communication failures, disruptions, errors, or delays
Regulatory Uncertainty
The regulatory environment for blockchain technology is evolving. New regulations may materially affect the Service and utility of digital assets.
Blockchain Governance
We make no guarantees regarding blockchain governance, which may result in delays, conflicts of interest, or unfavorable operational decisions. Protocol rules may change suddenly, affecting asset value and functionality.
Security
We make no guarantees regarding blockchain security. We are not liable for hacks, double-spending attacks, stolen assets, or other blockchain attacks.
Third-Party Dependencies
The Service relies on third-party wallets and ecosystem partners. We make no guarantees regarding their functionality, availability, or security.
Disclaimers and Assumption of Risk
Service Provided As-Is
Your engagement with Caplito occurs at your sole discretion and risk. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, Caplito DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
No Guarantees
We make no warranty that: (1) the Service will meet your requirements; (2) the Service will be uninterrupted, timely, secure, or error-free; or (3) results obtained will be accurate or reliable. Any content downloaded or accessed through the Service is at your own risk.
Not a Financial Institution
Caplito does not function as a bank or licensed financial institution. Assets accessed through Caplito carry no FDIC insurance or government backing. We are not a payroll provider and make no warranties regarding compliance with wage payment obligations.
No Financial Advice
We explicitly disclaim responsibility for losses from price movements or market instability. We provide no legal, tax, or investment counsel. Consult qualified professionals regarding your specific circumstances.
Third-Party Conduct
We are not liable for conduct of third parties, including external websites, ecosystem partners, or other users. The risk of injury from third parties rests entirely with you. We make no warranties regarding third-party goods, services, or content accuracy.
Digital Asset Disclaimers
We have no obligation to inquire into and shall not be liable for: (i) ownership, validity, or genuineness of any digital asset; (ii) collectability, insurability, or marketability of any digital asset; (iii) losses from activity signed by your private keys; or (iv) losses from circumstances beyond our control, including blockchain failures or third-party service disruptions.
Limitation of Liability
Disclaimer of Certain Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, Caplito AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS ("Caplito PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Lost profits, revenue, or data
- Loss of digital assets or cryptocurrency
- Business interruption
- Cost of substitute goods or services
- Unauthorized access to or alteration of transmissions or data
- Statements or conduct of third parties
- Any other matter related to the Service
This applies regardless of legal theory (contract, tort, negligence, strict liability, or otherwise) and whether or not we were advised of the possibility of such damages.
Liability Cap
OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED DOLLARS ($100); OR (B) THE AMOUNTS YOU PAID TO Caplito IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Exceptions
The foregoing limitations do not apply to liability for: (i) death or personal injury caused by our negligence; or (ii) fraud or fraudulent misrepresentation.
Jurisdictional Variations
Some jurisdictions prohibit exclusion of certain damages or liability limitations. In such cases, these limitations apply to the maximum extent permitted by law.
Basis of Bargain
These limitations are fundamental elements of the agreement between you and Caplito. The Service would not be provided without these limitations.
Indemnification
Your Obligations
You agree to defend, indemnify, and hold harmless Caplito Parties from any claims, losses, liabilities, damages, costs, or expenses (including reasonable attorneys' fees) arising from:
- Your user content
- Your use of, or inability to use, the Service
- Your breach of these Terms
- Your violation of any third-party rights
- Your violation of any applicable laws
We reserve the right to assume exclusive defense and control of any indemnified matter, in which case you will cooperate fully. This provision survives termination.
Our Obligations
Caplito will defend any suit alleging that the Service infringes third-party patents, copyrights, or trade secrets under U.S. law, and will pay settlements we approve or damages finally awarded. If the Service becomes subject to an infringement claim, we may: (a) procure rights for continued use; (b) replace with non-infringing alternatives; (c) modify to become non-infringing; or (d) terminate and refund unused prepaid fees.
We have no indemnification obligation for claims based on: (i) use not in accordance with these Terms; (ii) combination with products not supplied by us; or (iii) modifications by parties other than Caplito.
Procedure
Indemnification is conditioned on: (a) prompt written notice of claims; (b) sole control of defense by the indemnifying party; and (c) reasonable cooperation by the indemnified party.
Confidentiality
Confidential Information
"Confidential Information" means nonpublic information identified as confidential or that the receiving party should reasonably understand is confidential. The Service, pricing, and these Terms constitute Caplito's Confidential Information.
Protection Obligations
You agree not to use or disclose our Confidential Information except as permitted under these Terms. You will protect Confidential Information using at least reasonable care and limit access to those with a need to know. Upon termination or our request, you will return or destroy all Confidential Information.
Exceptions
Confidentiality obligations do not apply to information that: (a) becomes publicly available through no fault of yours; (b) is lawfully provided by third parties without confidentiality restrictions; (c) was already known to you without restrictions; or (d) you independently developed without access to Confidential Information. You may disclose Confidential Information as required by law, provided you give us prompt notice and cooperate with protective measures.
Term and Termination
Term
These Terms commence on the Effective Date and continue until terminated.
Our Termination Rights
We may suspend or terminate your access at any time, with or without notice, for any reason—including suspected violations or at our sole discretion. We will not be liable for any suspension or termination.
Your Termination Rights
You may terminate by ceasing use of the Service. You may continue accessing your wallet directly or through other services not provided by Caplito.
Termination for Breach
Either party may terminate immediately upon notice if the other materially breaches these Terms and fails to cure within thirty (30) days of written notice.
Post-Termination
Upon termination:
- You must not attempt to access the Service again
- You should withdraw all assets from your wallet before closure
- We will attempt to facilitate return of remaining balances, minus applicable fees
- We may delay or withhold funds as required for legal compliance or fraud prevention
- Extended inactivity may result in account closure under applicable unclaimed property laws
No Refunds
Regardless of termination reason, Caplito shall not owe refunds for any payments.
Survival
All provisions that by their nature should survive termination shall survive, including ownership, disclaimers, indemnification, limitation of liability, and confidentiality.
No Subsequent Use
If your access is terminated, you agree not to attempt access through different wallets, accounts, or other means. We reserve the right to take immediate action against violations without notice.
Modifications to Terms
Caplito may revise these Terms at any time. We will notify you of material changes via SMS, email, or in-app notification and update the Effective Date.
Changes are effective immediately for new users. For existing users, changes are effective upon the earlier of: (a) thirty (30) days after the updated Effective Date; or (b) your acceptance through a click-through mechanism if provided.
If you disagree with revised Terms, discontinue use before the effective date. Continued use after the effective date constitutes acceptance. You agree that our continued provision of the Service constitutes adequate consideration for updated Terms.
Third-Party Services
The Service may integrate with or link to third-party services, websites, wallets, and ecosystem partners. When you access third-party services:
- You leave Caplito and become subject to their terms and policies
- We do not control, review, approve, monitor, or endorse third-party services
- We make no representations regarding their quality, accuracy, or availability
- You bear all risks associated with third-party interactions
Review applicable third-party terms and conduct appropriate investigation before transacting.
Privacy
Your privacy matters to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy at https://Caplito.xyz/privacy-policy. By using Caplito, you acknowledge and accept our Privacy Policy.
General Provisions
Governing Law and Venue
These Terms are governed by Delaware state law, excluding conflict of law principles. You consent to exclusive jurisdiction in federal and state courts located in Delaware. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Assignment
You may not assign or transfer your rights under these Terms without our prior written consent. Any attempted assignment in violation is void. We may assign our rights without restriction.
Force Majeure
We shall not be liable for delays or failures resulting from circumstances beyond reasonable control, including acts of God, war, terrorism, riots, embargoes, government actions, epidemics, pandemics, fire, floods, accidents, strikes, or shortages of transportation, fuel, energy, labor, or materials.
Notice
You may provide notice to Caplito at: HIG Inc., help@Caplito.xyz. Notice is deemed given when received by nationally recognized delivery service, first-class mail, or email with confirmation within 24 hours.
Waiver
Failure to enforce any provision on one occasion does not waive that provision or any other provision on any other occasion.
Severability
If any provision is held invalid or unenforceable, it shall be construed to reflect original intentions as nearly as possible, and remaining provisions remain in full effect.
Export Control
You may not use, export, import, or transfer the Service except as authorized by U.S. law and applicable jurisdiction laws.
Independent Contractors
Your relationship with Caplito is that of independent contractor. Neither party is an agent or partner of the other. You have no authority to act on our behalf.
Electronic Communications
You consent to receive communications electronically. You agree that electronic communications satisfy any legal requirement for written communications, consistent with the Electronic Signatures in Global and National Commerce Act (15 U.S.C. §7001 et seq.).
International Users
The Service is controlled from the United States. We make no representations regarding appropriateness for other locations. Users accessing from other jurisdictions do so at their own risk and are responsible for local law compliance.
Entire Agreement
These Terms, together with our Privacy Policy and any referenced policies, constitute the complete agreement regarding the Service and supersede all prior discussions.
Contact Information
Questions or support needs? Contact us at help@Caplito.xyz
For SMS assistance, text HELP.
Definitions
"Confidential Information" means nonpublic information identified as confidential or that a reasonable party would understand to be confidential.
"Connected Content" means any content or data you provide or store through your wallet interface.
"Content" means any information, data, text, software, messages, or other materials.
"Digital Asset" means any cryptocurrency, blockchain-based token, stablecoin, or other digital asset supported by the Service.
"Ecosystem Partner" means supported third-party applications, DeFi protocols, and integrated services.
"Effective Date" means the earlier of your acceptance of these Terms or first use of the Service.
"Feedback" means ideas, suggestions, or proposals submitted to Caplito.
"Service" means all products, features, and services provided by Caplito, including the website, mobile application, and wallet interface.
"Caplito Parties" means Caplito and its affiliates, officers, directors, employees, agents, and representatives.
"User Content" means content you create, upload, or make available through the Service.
"Wallet" means a digital wallet compatible with the Service used to hold and transact digital assets.