Terms of Service
Last updated: 2026-06-02
Draft — pending legal review. This document reflects how OrangeCat intends to operate, but it has not yet been finalized with counsel and may change.
These Terms of Service ("Terms") govern your access to and use of OrangeCat (the "Service"), operated by Mao Nakamoto (pending incorporation of a successor corporate entity, herein "we," "us," "our"). By accessing or using the Service, you agree to be bound by these Terms.
If you do not agree, do not use the Service.
1. The Service
OrangeCat is an online marketplace that connects buyers and sellers transacting in Bitcoin and Lightning Network. The Service provides listing, discovery, communication, and (optionally) escrow functionality. We are not a party to transactions between users; we are an intermediary platform.
2. Eligibility
You must be at least 18 years old and capable of forming a legally binding contract under applicable law. You must not be located in, ordinarily resident in, or a national of any country subject to a comprehensive sanctions program of Switzerland, the United States, the European Union, or the United Nations, or appear on any government sanctions list.
By using the Service, you represent that you meet these requirements.
3. Accounts
- You are responsible for safeguarding your account credentials and wallet keys.
- You agree to provide accurate information and keep it current.
- You may close your account at any time, subject to completion of pending transactions.
- We may suspend or terminate accounts that violate these Terms.
4. Marketplace role
We are not a party to transactions. OrangeCat provides the platform; buyers and sellers form their own contracts. We do not:
- Take title to goods or services listed
- Verify the quality, safety, or legality of listings unless explicitly stated
- Guarantee that any transaction will be completed
- Mediate disputes except where escrow or trust-and-safety policies explicitly provide
You assume all risks of transacting on the platform.
5. Listings and acceptable use
Sellers may not list, and buyers may not purchase:
- Illegal goods or services under the laws of either party's jurisdiction
- Stolen, counterfeit, or infringing goods
- Goods or services that violate sanctions or export controls
- Firearms, ammunition, or weapons where regulated by jurisdiction
- Controlled substances or drug paraphernalia
- Adult content involving minors or non-consensual material
- Items that promote violence, terrorism, or hate
- Live animals, hazardous materials, or items subject to special regulation without proper licensing
- Personal data, identity documents, or hacked accounts
- Pyramid schemes, multi-level marketing, or fraudulent investment schemes
We reserve the right to remove any listing and suspend any user at our sole discretion.
6. Payments and Bitcoin
- Transactions on OrangeCat are denominated in Bitcoin (BTC) and may be settled on-chain or via Lightning Network.
- Bitcoin is a volatile asset. Prices may change between listing and settlement. You acknowledge and accept this risk.
- Bitcoin transactions are generally irreversible once confirmed. We cannot reverse on-chain or Lightning payments.
- Custody: OrangeCat is non-custodial — payments flow directly between buyer and seller wallets, and we do not hold your funds. If an escrow feature is ever offered, its custody terms will be disclosed before you use it.
- We do not provide banking, investment, or financial advice. Nothing on the Service constitutes such advice.
- You are responsible for all taxes arising from your transactions on the Service.
7. AML, KYC, and sanctions compliance
We reserve the right to:
- Collect identity verification information for high-value transactions, suspicious activity, or as required by law
- Screen users and transactions against government sanctions lists
- Report transactions to financial-crime authorities where required by law
- Freeze, hold, or refuse to process transactions reasonably believed to involve money laundering, terrorist financing, sanctions evasion, fraud, or other illegal activity
You agree to cooperate with such requests and provide documentation as reasonably required.
8. Disputes between users
- Buyers and sellers should first attempt to resolve disputes directly through in-platform communication.
- If escrow is used, dispute-resolution procedures will be disclosed separately.
- We may, at our discretion, mediate or arbitrate disputes, but we are not obligated to do so.
- Our decisions, where rendered, are based on available evidence and made in good faith. They do not constitute legal adjudication.
9. Fees
- We may charge listing fees, transaction fees, payment-processing fees, or other fees as disclosed in the Service.
- Fees are disclosed before any transaction is finalized.
- Fees are generally non-refundable except as required by law or as explicitly stated.
10. Your content
- You retain ownership of all content you publish to the Service (listings, images, reviews, messages, profile information).
- You grant us a worldwide, non-exclusive, royalty-free license to host, display, reproduce, and distribute Your Content to the extent necessary to operate the Service.
- You represent that you have all necessary rights to Your Content and that it does not infringe any third party's rights.
11. Reviews and reputation
- Reviews must reflect genuine experience and may not contain fraudulent, misleading, defamatory, or harassing content.
- We may remove reviews that violate these standards but are not obligated to monitor reviews.
12. Our intellectual property
- The Service, its software, design, brand (including the OrangeCat name and visual identity), and documentation are our proprietary property.
- These Terms do not grant you any rights to our intellectual property except the limited right to use the Service as described above.
- Feedback, suggestions, or ideas you provide may be used by us without compensation or attribution.
13. Third-party services
The Service integrates with third-party services (Bitcoin nodes, Lightning providers, AI providers, payment processors, identity verification, etc.). Your use of those services is subject to their respective terms and policies. We are not responsible for third-party services.
14. Service availability
We strive for high availability but do not guarantee uninterrupted service. We may modify, suspend, or discontinue the Service or any portion of it at any time, with reasonable notice where feasible. Blockchain network conditions (congestion, fork events) may affect transaction settlement times.
15. Termination
- You may terminate your account at any time, subject to completion of pending transactions.
- We may suspend or terminate your access immediately, with or without notice, if you breach these Terms, are sanctioned, engage in fraudulent or illegal activity, or to protect the Service or other users.
- Upon termination, your right to access the Service ceases. The sections on marketplace role, payments, compliance, your content, intellectual property, disclaimers, limitation of liability, indemnification, and changes survive termination.
16. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OF LISTINGS OR USER CONTENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF MALICIOUS CODE.
WE MAKE NO REPRESENTATIONS REGARDING THE LEGALITY, SAFETY, OR QUALITY OF GOODS OR SERVICES LISTED. WE MAKE NO REPRESENTATIONS REGARDING THE IDENTITY OR INTENT OF OTHER USERS.
17. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) CHF 500.
WE SHALL NOT BE LIABLE FOR (i) LOSSES ARISING FROM TRANSACTIONS BETWEEN USERS, (ii) LOSSES DUE TO BITCOIN PRICE VOLATILITY, (iii) LOSSES FROM IRREVERSIBLE BLOCKCHAIN TRANSACTIONS, (iv) LOSSES FROM COMPROMISED WALLETS OR USER CREDENTIALS, OR (v) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY.
18. Indemnification
You agree to indemnify, defend, and hold harmless us, our affiliates, officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from (a) your use of the Service, (b) Your Content or listings, (c) your transactions with other users, (d) your breach of these Terms, or (e) your violation of any law or third-party right.
19. Governing law and disputes
These Terms are governed by the laws of Switzerland, without regard to conflict-of-law principles. Any dispute arising under these Terms shall be resolved exclusively in the courts of Zurich, Switzerland, unless mandatory consumer-protection law of your jurisdiction provides otherwise.
20. Changes to Terms
We may update these Terms from time to time. Material changes will be notified by email or in-product notice at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance.
21. General
- Severability: if any provision is unenforceable, the rest remains in effect.
- No waiver: our failure to enforce any provision is not a waiver of future enforcement.
- Assignment: you may not assign your rights without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
- Entire agreement: these Terms and our Privacy Policy constitute the entire agreement between you and us regarding the Service.
22. Contact
Mao Nakamoto (pending incorporation of a successor corporate entity) — mao@orangecat.ch