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Legal

Risk disclosure

Last updated: 10 August 2026 · Reviewed by Bahraini and Kuwaiti-qualified counsel, 7 August 2026

Read this before you use the service

Escrow reduces one specific risk: that your counterparty takes your money and does not perform. It does not remove the other risks in a digital asset transaction. This page sets them out.

Digital assets carry risk

The value of digital assets can move sharply and can fall to zero. Nothing we do protects the value of the asset being exchanged. We hold what you send; we do not insure what it is worth. A deal denominated in a volatile asset can complete exactly as agreed and still leave you worse off than when you started.

Stablecoins are not exempt. They depend on an issuer's ability and willingness to redeem, and have broken their peg before.

Transactions cannot be reversed

Blockchain transactions are final once confirmed. If funds are sent to the wrong address, including one given to you by someone impersonating us, they cannot be recovered by us, by the network, or by anyone else.

Always confirm the escrow address through a channel you initiated. Never one sent to you.

Losing keys means losing funds

Escrow funds are held in a 2-of-3 multi-signature address. If one key is lost the remaining two still complete the deal. If two of the three keys are lost, the funds are permanently unreachable by anyone, including us.

We state this plainly because the alternative is worse: any service able to recover from two lost keys was never genuinely constrained by the third, which means it could always have moved your funds alone.

We are not a bank

We do not accept deposits. We do not pay interest. We do not lend. Funds held in escrow are not protected by any deposit guarantee or insurance scheme, in any jurisdiction.

We are not an investment service

We do not offer investment advice, portfolio management, or any product with a return. Nothing on this site is an offer or solicitation to invest in anything.

Counterparty risk remains

Escrow ensures funds are not released unless the agreed conditions are met. It does not make your counterparty honest, solvent, or capable of performing. It does not verify that goods are genuine, that a company is what it claims, or that a promise can be kept. Do your own diligence on who you are dealing with.

Dispute outcomes are decisions, not guarantees

Where parties disagree we decide against the recorded terms and the evidence submitted. A decision may go against you. Our process, timings and escalation routes are on the Complaints & Disputes page.

Regulatory risk

The legal treatment of digital assets in Kuwait and elsewhere may change, potentially at short notice, and may affect our ability to provide this service or your ability to use it. Kuwait currently prohibits virtual-asset activity and licenses no provider. See Regulatory status.

Operational and technology risk

Software fails. Smart contracts contain defects. Providers go out of business. Our custody arrangement is designed so that our own failure does not strand your funds, but no arrangement removes operational risk entirely.

On Ethereum, funds are held in a smart-contract account. That contract is widely used and heavily reviewed, but it is code, and code can be wrong.

Blockchain and network risk

Networks can congest, fork, or halt. Fees can spike. A transaction can take far longer than expected through no fault of either party. Where a chain forks, the treatment of escrowed assets may be unclear.

Tax

Using escrow does not change your tax position and we do not advise on it. Whether a transaction is taxable, where, and at what rate is a matter for you and your own adviser.

Availability

We may decline any deal. We may be unable to act for parties in certain jurisdictions. See Restricted jurisdictions. Where we decline for anti-money-laundering reasons we may be legally prohibited from telling you why.

This is not advice

Nothing on this page is legal, tax or investment advice to you. If any of it matters to your circumstances, take your own advice before proceeding.

Questions about this policy? Contact us at hello@kafil.com or on +965 2249 5500.