General terms & conditions for FCS staking services

Delegated proof of stake (DPoS) (sometimes known as nominated proof of stake (NPoS)) is a blockchain consensus mechanisms which allows owners of Crypto Assets (hereinafter described as "Infrastructure") to delegate Crypto Assets to third-party validators without transferring their Crypto Assets, whereby those third-party validators offer the corresponding technical infrastructure to the Crypto Assets owners to enable them to stake their Crypto Assets, thus potentially generating rewards (hereinafter described as “Staking Rewards”), which the Crypto Assets owners receive from the blockchain network.
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The Validator is in the business of operating technical infrastructure, which helps to run certain chosen supported blockchain networks (hereinafter described as "Supported Networks”) and by doing so enables owners of Crypto Assets of Supported Networks to earn Staking Rewards (also described as “Validation Service”). The Supported Networks are listed on finoa-fcs.io/protocols-overview.
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The Client owns Crypto Assets of at least one of the Supported Networks and wishes to delegate its Crypto Assets of this or more networks (hereinafter “Chosen Network”) to the Validator in order to exercise its staking rights and by doing so to qualify to receive future Staking Rewards from this network.
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For the Validation Services Validator will receive a fee (hereinafter "Validation Fee”) from the Supported Networks. The Validation Fee is a compensation based on a “Validation Rate” also known as “Commisson”, which is a variable percentage applied to the Staking Rewards.

2.1. The Client acknowledges that Staking Rewards are only earned when a total amount of Crypto Assets is delegated to the selected node which is sufficient to keep this node active (hereinafter “Minimum Required Stake”). The Validator cannot guarantee that such a Minimum Required Stake is delegated to the nodes operated by Validator at all times. The Client also acknowledges that the amount of Staking Rewards to be earned is not guaranteed, but depends on various factors. For example, even if the Minimum Required Stake is delegated to a Validator Node, the amount of Staking Rewards to be distributed by the network depends on the total amount of Crypto Assets of a network being staked.

2.2. By participating in Staking, the Client can achieve relatively high returns in the form of the Staking Rewards compared to other investment products. It is explicitly pointed out that this is only possible due to the risks associated with staking. The risks associated with staking also essentially depend on the specifications of the respective network as well as the performance of the selected node. In general, however, the following risks are to be expected:

During staking, a (partial) loss of the Crypto Assets used or a loss of reward can occur. This is the case if the Validator Node violates the applicable rules or technical requirements of the respective blockchain network and is "punished" by the blockchain network for this. A "punishment" by the blockchain network is currently conceivable for the following:

2.3. The Client acknowledges that Validator only supports non-custodial staking and the Parties hereby agree that the Validator shall in no event become, act as, or be deemed as the custodian of the Crypto Assets staked by the Client. In case that one of the Supported Networks changes to custodial staking, Validator is entitled to terminate the support of that Supported Network immediately.

2.4. The Validator is not an asset manager or investment adviser to the Client. The Validator does not make any recommendations to the Client in relation to financial services, investments, taxation, legal matters or accounting. In particular, the technical support of a specific network is not to be understood as a recommendation to buy Crypto Assets of this network.

2.5. As staking is a relatively new mechanism, it is currently not foreseeable whether or in which cases Validators or other third parties interposed by the Validator will require a license from the German Federal Financial Supervisory Authority (BaFin) or the corresponding authorities in their home countries. Currently, validators do not have such a permit as they see themselves as information technology (IT) providers. Therefore, the Validator is currently not holding a license for validation services.

2.6. The Supported Networks, like other decentralized, open-source blockchains networks, may be subject to "forks." Forks occur when some or all persons running the software clients for a particular blockchain network adopt a new client or a new version of an existing client that: (a) changes the protocol rules in backwards-compatible or backwards-incompatible manner that affects which transactions can be added into later blocks, how later blocks are added to the blockchain, or other matters relating to the future operation of the network; or (b) reorganizes or changes past blocks to alter the history of the blockchain. Some forks are "contentious" and thus may result in two or more persistent alternative versions of the network or blockchain, either of which may be viewed as or claimed to be the legitimate or genuine continuation of the original. The Validator may not be able to anticipate, control or influence the occurrence or outcome of forks of the network, and does not assume any risk, liability or obligation in connection therewith. Without limiting the generality of the foregoing, the Validator does not assume any responsibility to notify the Client of pending, threatened or actual forks. The Validator will respond to any forks as the Validator determines in its sole and absolute discretion and shall not have any obligation or liability to the Client if such response benefits the Validator to the detriment of the Client. Without limiting the generality of the foregoing, the Validator's possible and permissible responses to a fork include, among others: (i) continuing to serve as a Validator on both networks; (ii) serving as a Validator only on one network; (iii) ceasing to be a Validator on both networks; or (iv) switching from serving as Validator on one such network to serving as a Validator on the other, or vice versa, based on various factors. In the event of a fork of the network, it is possible (but not guaranteed) that the same number of Crypto Assets that were delegated to Validator on the original network will by default be delegated to Validator on the forked network. In the event that the Validator does not choose to support both networks, Client's validation rights and voting rights may go unexercised on the network the Validator does not support, and the Client may temporarily or permanently lose Crypto Assets, staking rewards or transaction fees on the unsupported network. The Client assumes full responsibility to independently remain apprised of and informed about possible forks, and to manage Client's own interests in connection therewith, including by potentially retracting a delegation to the address of Validator's node on a fork that Validator does not support.

2.7. The Client further acknowledges that:

3.1. Liability for damages, irrespective of the legal grounds, in particular for impossibility, delay, breach of contract, breach of duties during contractual negotiations and tort, shall be limited in accordance with the provisions of this section 3 if fault is involved.

3.2. The Validator is not liable in the case of simple negligence of its organs, legal representatives, employees or other vicarious agents, insofar as it does not involve a breach of essential contractual obligations.

3.3. Insofar as the Validator is liable on the merits for damages in accordance with § 3 (2), this liability is limited to damages which the Validator foresaw as a possible consequence of a breach of contract at the time of conclusion of the contract or which he should have foreseen by exercising due care. Indirect damage and consequential damage are also only eligible for compensation insofar as such damage is typically to be expected when the Validation-Service is used for its intended purpose. The above provisions of this Paragraph 3 shall not apply in the event of intentional or grossly negligent conduct on the part of members of the Validator's executive bodies or senior employees.

3.4. In the event of liability for simple negligence, the Validator's liability to pay compensation for damage to property and further financial losses resulting therefrom shall be limited to an amount equal to the Validation Fee earned by Validator in the contractual relationship with Client in the 12 months prior to the damaging event per case of damage, even if it is a breach of essential contractual obligations.

3.5. The above exclusions and limitations of liability shall apply to the same extent in favour of the organs, legal representatives, employees and other vicarious agents of the Validator.

3.6. Insofar as the Validator provides technical information or acts in an advisory capacity and this information or advice is not part of the contractually agreed scope of services owed by the Validator, this shall be done free of charge and to the exclusion of any liability.

3.7. The limitations of this section 3 do not apply to the Validator's liability for intentional conduct, for guaranteed characteristics, for injury to life, limb or health or under the Product Liability Act.

4.1. The Validation Fee is calculated on the basis of the Staking Rewards, which the Validator enabled for the Client multiplied with the Validation Rate also known as “Commission” applicable for the Chosen Network. The Validation Rate applicable for each Supported Network is published on finoa-fcs.io/protocols-overview. In some cases, the Validation Fee is calculated independently of the Staking Rewards and/or distributed in other Crypto Assets from the Network.

4.2. Staking Rewards and the Validation Fee are automatically generated and assigned to the Validator and the Client by the Chosen Network or in some cases need to be actively claimed from the Chosen Network by Client.

4.3. Validator may and upon request of the Client shall invoice the Client for the fees in Crypto Assets of the Chosen Network including an equivalent in Euro (EUR). On the Client's request, he may invoice the fees - possibly for an additional fee - in other currencies.

4.4. If it is necessary under this Agreement to calculate the value for the Crypto Assets in EUR, the value shall be based on the market prices determined by CoinGecko (https://www.coingecko.com/) at the end of the monthly payment period, even if calculated retrospectively.

The Client shall indemnify, defend, and hold the Validator and its officers, agents, employees, and affiliates harmless from and against all claims, causes of action, damages, fines, third-party claims, penalties, losses, expenses, costs (including reasonable attorney’s fees), and liabilities the Validator incurs which relate to or arise out of any breach of this Agreement by the Client or of any express or implied representation or warranty by the Client, or any negligent or wilful acts or omissions of the Client or its Personnel.

6.1. This Agreement may - after expiry of any minimum term - be duly terminated by either of the Parties at any time with a notice period of three months by notification in text form (sec. 126b BGB) to the other party.

6.2. Either Party may terminate this Agreement for cause with immediate effect.

6.3. If an event which prevents one Party from providing a service and for which it is not responsible (§ 276 BGB) lasts for more than fifteen consecutive calendar days, the other Party may terminate this Agreement with a notice period of fifteen days.

7.1. Amendments to the FCS GTC shall be offered to the Client in text form (sec. 126b BGB) no later than two months before the proposed date of their entry into force. The offer may also be sent to an e-mail address provided by the Client to the Validator for communication purposes. The Client may either agree or reject the changes before the proposed date of their entry into force. Insofar as the changes are necessary due to legal or technical developments and they do not affect the mutual cardinal obligations, the Client shall be deemed to have given consent if no notification of rejection is made before the proposed date on which the changes are to take effect. The Validator shall specifically draw the Client’s attention to this effect of approval in its offer.

7.2. The contractual relationship between Validator and Client shall be governed by German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of 11.4.1980 (UN Sales Convention). Place of jurisdiction is Frankfurt am Main, Germany.

7.3. Should any provision of the FCS GTC be or become invalid, the validity of the remaining provisions shall not be affected thereby. The parties shall immediately replace the invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision. The same shall apply if a gap requiring supplementation becomes apparent during the execution of the FCS GTC.

7.4. These GTCs have been drafted in both German and English. In the event of any disputes arising between the two versions the German version shall supersede and replace in its entirety any interpretation or ambiguity.

This addendum outlines the specific terms governing the use of the Stake Desk, a software user interface (UI) provided by the Validator. These terms supplement and are subject to the existing Finoa Consensus Services GTC. By using the Stake Desk, the Client acknowledges and agrees to both the Finoa Consensus Services GTC and this addendum.

1. Nature of Service (software UI)
The Stake Desk is a software user interface that assembles standard staking transactions and passes unsigned transactions to the Client’s self-custodial wallet for review and signature (hereinafter “Stake Desk”). Client acknowledges and agrees that the actions occur on the underlying blockchain, not on the Stake Desk and the Validator does not store, send, or receive Crypto Assets.

2. Self-custodial Wallet
The Client acknowledges and agrees that access to and use of the Stake Desk requires the use of a self-custodial wallet, meaning a digital wallet that is operated and maintained solely by the Client, without any access, custody, or control by the Validator (hereinafter, the “Self-Custodial Wallet”). By connecting such a Self-Custodial Wallet to the Stake Desk, the Client represents and warrants that it retains sole and exclusive control over its Self-Custodial Wallet  and any Crypto Assets held therein. Under no circumstances shall the Validator be considered or deemed to act as a custodian of any such Crypto Assets.The Validator does not provide wallet services and shall not, at any time, open, host, recover, access, or manage any wallet on behalf of the Client. Furthermore, the Validator does not have access to, and shall not be provided with, the Client’s private keys, passcodes, or any other authentication or signing credentials for Client’s Self-Custodial Wallet.The Client shall bear sole responsibility for the security of its Self-Custodial Wallet, associated devices, and access credentials, and acknowledges that any compromise thereof may result in the loss of Crypto Assets, for which the Validator shall have no liability whatsoever.

3. Execution-Only Interface; No Advisory Services
The Stake Desk operates on an execution-only basis. It does not provide, and shall not be construed as providing, any form of investment, legal, tax, accounting, or other professional advice. Any display of a blockchain network, validator, or related service within the user interface is provided solely for technical execution purposes and shall not be interpreted as a recommendation, endorsement, or guarantee.

4. Validator Compatibility and Selection Responsibility
The Client acknowledges that the Stake Desk operates exclusively with the Validator and is only compatible with the Validator. For user convenience, this Validator may be pre-selected by default within the Stake Desk. Such pre-selection is provided solely as a technical facilitation and does not constitute investment, legal, or other advice.

The Client remains solely and fully responsible for the validator delegation decisions, including the decision to use the Stake Desk and the associated Validator. Subject to the technical capabilities of the relevant blockchain networks, the Client may choose to perform staking, unstaking, or reward claiming actions through other compatible wallets, user interfaces, or third-party dashboards outside the Stake Desk.

5. Transaction Submission, Finality, and Execution Risk
Transactions are initiated via the Stake Desk interface but are only executed upon explicit authorization and cryptographic signature by the Client through their Self-Custodial Wallet. Once a transaction is broadcast to the applicable blockchain network, it may become irreversible and outside the control of both the Client and the Validator.The Validator makes no representations or warranties regarding the inclusion, timing, ordering, confirmation, or finality of any transaction.

The Validator has neither the technical means nor the legal authority to reverse, cancel, amend, or otherwise interfere with any transaction once it has been submitted to the network.The Client bears all risks associated with transaction execution, including but not limited to failures, delays, rejections, reordering, or reversion of transactions by the network or related infrastructure.

6. Client Input Accuracy and Responsibility for Errors
The Client is solely responsible for the accuracy and correctness of all transaction inputs, instructions, and wallet configurations.The Validator disclaims all liability for (a) erroneously submitted transactions,  (b) incompatible or incorrect addresses,  (c) duplicate or unintended submissions, and (d) any losses arising from misconfigured wallets, compromised seed phrases, insecure devices, or phishing attacks.

7. Gas Fees and Cost Responsibility
Blockchain transaction fees ("gas") are determined entirely by the underlying network protocols and/or the Client’s wallet settings, and must be borne solely by the Client. The Validator has no influence over, and disclaims any liability in connection with, gas fees, including without limitation high, volatile, underestimated, or failed-fee transactions. The Client acknowledges that gas fees may be incurred even where a transaction fails, is reverted, or remains unconfirmed. No gas fees are refundable by the Validator.

8. Service Availability, Third-Party Dependencies, and Access Controls
The Stake Desk relies on third-party infrastructure and services, the performance and availability of which may be interrupted, delayed, or degraded without prior notice.In case of unavailability, the Client may exercise all staking-related actions via third-party compatible tools or wallets, and is under no obligation to use the Stake Desk exclusively.The Validator reserves the right to rate-limit, suspend, or restrict access to the Stake Desk in the event of abuse, technical maintenance, or security risk.

9. Third Party Services
The Stake Desk may include links or deep-links to third-party dashboards, wallet interfaces, platforms, or other services (collectively, “Third-Party Services”).

Such links are provided strictly on an “as is” basis for the Client’s convenience and do not constitute, and shall not be construed as, any form of recommendation, endorsement, guarantee, or warranty by the Validator.The Validator does not control, monitor, audit, or assume any responsibility or liability for the availability, functionality, content, accuracy, security, or legal compliance of any Third-Party Services.
The Client acknowledges that use of any Third-Party Services is at their own risk and is subject exclusively to the applicable terms and conditions, privacy policies, and regulatory obligations of the respective third-party provider.

10. Inherent Risks
The Client acknowledges and assumes all inherent and systemic risks associated with the use of blockchain technologies, including but not limited to network congestion or delays, blockchain forks or protocol changes, slashing penalties, validator-set reconfigurations, governance-related decisions, bugs or vulnerabilities in smart contracts, malware or keyloggers, phishing attacks or fake interfaces, key compromise or credential loss, inaccurate or outdated data. The Validator does not insure, indemnify, or guarantee against such risks, and the Client remains solely responsible for conducting appropriate due diligence.

11. No Custody, Escrow, or Asset Transfer Functionality
The Stake Desk does not offer any custodial, escrow, or transfer services on behalf of the Client. At no point does the Validator take possession of, or acquire control over, the Client’s Crypto Assets. All transactions are constructed, signed, and submitted exclusively by the Client via their Self-Custodial Wallet. The Validator cannot sign, initiate, cancel, move, freeze, or dispose of any assets on the Client's behalf.

12. Data Accuracy and Latency Disclaimer
The Client acknowledges that the Stake Desk operates in connection with decentralized networks and third-party data sources, and as such, may display information that is incomplete, outdated, or subject to latency — particularly during periods of network congestion, high activity, or external service disruptions.The Validator does not guarantee, and expressly disclaims, any representations or warranties—whether express or implied—regarding the accuracy, completeness, timeliness, reliability, or real-time availability of any information displayed through the Stake Desk interface.Displayed data is provided for informational purposes only and should not be relied upon as a basis for making delegation or other transactional decisions without independent verification by the Client.

13. No Warranty
The Stake Desk is provided strictly "as is" and "as available", without any warranties of any kind, whether express, implied, or statutory.To the maximum extent permitted under applicable law, the Validator expressly disclaims all warranties, including but not limited to fitness for a particular purpose, merchantability, non-infringement, and uninterrupted availability.

14. Liability
Without prejudice to Article 3 of the Finoa Consensus Services GTC and subject to mandatory provisions under German law, the Validator shall not be liable for (i) failed, reverted, or unconfirmed transactions, (ii) incorrect or unauthorized transactions, (iii) mistakes or errors made by the Client, (iv) network-related delays or gas fee fluctuations, (v) reliance on third-party services or data, or (vi) events or failures occurring at the protocol or network layer.

15. Legal Eligibility
By connecting a wallet and using the Stake Desk, the Client represents and warrants that, the Client is not subject to any sanctions, restrictions, prohibitions, or designations imposed by any competent authority and the Client shall use the Stake Desk in full compliance with all applicable laws.