Terms of Use
1. Acceptance of the Terms of Use
THIS WEBSITE WAS NOT DEVELOPED FOR AND IS NOT OFFERED TO PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE OR PRINCIPAL PLACE OF BUSINESS IN ANY RESTRICTED JURISDICTION OR COUNTRY SUBJECT TO ANY SANCTIONS OR RESTRICTIONS UNDER ANY APPLICABLE LAW, INCLUDING THE CRIMEA REGION, CUBA, DONETSK PEOPLE’S REPUBLIC REGION OF UKRAINE, IRAN, LUHANSK PEOPLE’S REPUBLIC REGION OF UKRAINE, NORTH KOREA, RUSSIA,
SOUTH SUDAN, SUDAN (NORTH), SYRIA OR ANY OTHER COUNTRY IN WHICH THE UNITED STATES, THE UNITED KINGDOM, THE EUROPEAN UNION, THE UNITED NATIONS SECURITY COUNCIL OR ANY OTHER JURISDICTION EMBARGOES GOODS OR IMPOSES SIMILAR SANCTIONS, OR ANY JURISDICTIONS IN WHICH THE TRANSACTING OF CRYPTOCURRENCIES IS PROHIBITED OR RESTRICTED IN ANY FORM OR MANNER (COLLECTIVELY, THE “RESTRICTED JURISDICTIONS” AND EACH A “RESTRICTED JURISDICTION”) OR ANY PERSON OWNED, CONTROLLED, LOCATED IN OR ORGANIZED UNDER THE LAWS OF ANY RESTRICTED JURISDICTION OR AFFILIATED WITH ANY SUCH PERSON, ANY PERSON LISTED ON ANY SANCTIONS LIST MAINTAINED BY THE UNITED STATES, THE UNITED KINGDOM, THE EUROPEAN UNION, THE UNITED NATIONS SECURITY COUNCIL OR ANY OTHER JURISDICTION, OR A RESIDENT OF OR LOCATED IN ANY COUNTRY OR JURISDICTION THAT RESTRICTS ACCESS TO OR PROHIBITS USE OF DIGITAL ASSETS OR CRYPTOCURRENCIES (COLLECTIVELY, “RESTRICTED PERSONS”). THERE ARE NO EXCEPTIONS. IF YOU ARE A RESTRICTED PERSON, OR LOCATED IN A RESTRICTED JURISDICTION, THEN DO NOT USE OR ATTEMPT TO USE THE SERVICES EITHER DIRECTLY OR INDIRECTLY. USE OF ANY TECHNOLOGY OR MECHANISM, SUCH AS A VIRTUAL PRIVATE NETWORK, TO CIRCUMVENT OR ATTEMPT TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS STRICTLY PROHIBITED.
BY USING THE WEBSITE, YOU WARRANT TO REPRESENT THAT (I) YOU ARE NOT A RESTRICTED PERSON; AND (II) YOU (INCLUDING, IF APPLICABLE, ANY OF YOUR DIRECT OR INDIRECT OWNERS, SHAREHOLDERS, SUBSIDIARY UNDERTAKINGS, REPRESENTATIVES, OFFICERS, EMPLOYEES, OR ANY OTHER PERSON WITH ACCESS TO YOUR ACCOUNT) WILL NOT COORDINATE, CONDUCT OR CONTROL (INCLUDING BY, IN SUBSTANCE OR EFFECT, MAKING DECISIONS CONCERNING) YOUR USE OF THE SERVICES FROM WITHIN ANY RESTRICTED JURISDICTION.
YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT YOU ARE NOT PERMITTED TO, AND COVENANT AND UNDERTAKE TO US NOT TO MODIFY, DISASSEMBLE, DECOMPILE, ADAPT, ALTER, TRANSLATE, REVERSE ENGINEER, OR CREATE DERIVATIVE WORKS OF THE SERVICES TO MAKE THEM AVAILABLE TO ANY RESTRICTED PERSONS OR IN ANY RESTRICTED JURISDICTION.
These terms of use are entered into by and between you and Kairos Medallion Corp., a corporation duly organized and existing under the laws of the Republic of Panama, with domicile at Panama City, Panama (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of Kairos, including any content, functionality, and services offered on or through kairos.win (the “Website” and our proprietary website application available therefrom, collectively, the “Services”-), whether as a guest or a registered user, but excluding any third-party materials, technology, smart contracts, or applications.
The Website provides a means for users to interact with a decentralized Protocol. While this Website is maintained by us, the underlying Protocol is composed of autonomous, open-source smart contracts deployed on public blockchains. These smart contracts are not subject to centralized control or modification. We offer one implementation of an access layer to the Protocol, and it is technically feasible for third parties to develop and deploy alternative interfaces to interact with the same set of on-chain contracts. Users may, therefore, engage with the Protocol either through the Interface provided here or through independent applications developed by unaffiliated parties.
The Company does not guarantee the availability, uptime, or performance of the Website, nor does it exert control over how other parties may present or utilize the Protocol. All interactions are executed through user-initiated transactions from self-custodied digital wallets. The Company cannot reverse, modify, or censor such transactions.
If you engage with the Website under authority from a different party or on another party’s behalf, then “you” (and its variants, including “your”) as used herein refers to that person on whose behalf the Website are used (e.g., an employer). If the person engaging with our Services is an individual, acting in their capacity, then “you” (and its variants) refers to that individual. If any person is using the Website on your behalf, you agree that you are responsible for the actions and inactions of all such persons.
Please read these Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not wish to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
NEITHER WE NOR OUR SERVICE PROVIDERS ARE RESPONSIBLE FOR ANY ACTIVITIES THAT YOU ENGAGE IN WHEN USING ANY ONLINE SERVICES OR BLOCKCHAIN TECHNOLOGIES NOT PROVIDED BY US.
The Services are not intended to be used by persons who are under the age of eighteen (18) years. You represent and warrant throughout the term of your use of the Website that you are of the age of eighteen (18) years or over or otherwise of legal age to form a binding contract, and that you have the legal and mental capacity to enter these Terms of Use.
You further represent and warrant that: (i) your funds are not derived from or in any way connected to any illegal, unauthorized, or restricted sources (including any Restricted Jurisdictions or Restricted Persons); (ii) you have the right to engage in all transactions and all activities that you participate in on or through the Website; and (iii) you are not a Restricted Person or connected to one in any way, and you are not located in a Restricted Jurisdiction.
2. Changes to Terms of Use
We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them on the Website and apply to all access to, and activities conducted through, the Website thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction section below will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Your continued use of the Website following the posting of the revised Terms of Use means that you accept and agree to the changes. You are expected to read this page each time you access the Website, so you are aware of any changes, as they are binding on you.
We may update the content on our Website occasionally at our discretion. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
WE WILL NOT BE LIABLE FOR ANY LOSSES RESULTING FROM ANY CHANGES TO THE TERMS OF USE, THE SERVICES OR THE SERVICES AVAILABLE.
3. Access to the Website
We reserve the right to withdraw or modify our Website, and any service or material we provide on or in connection with the Website, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or the entire Services to users, including registered users, at our discretion.
WE WILL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES YOU MAY SUFFER AS A RESULT OF, OR IN CONNECTION WITH, THE SERVICES OR ANY PART OF THEM BEING INACCESSIBLE TO YOU AT ANY TIME OR FOR ANY REASON.
You are responsible for: Making all arrangements that are or may be necessary for you to have access to the Website. Ensuring that any persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with the Website or otherwise, including but not limited to using any interactive features on the Website or through your social media accounts, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
You understand and acknowledge that your content may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to the technical requirements of connecting networks or devices.
4. Use of the Website
The Website enables interaction with decentralized protocol components that comprise the Protocol ("Protocol"), which is a social, decentralized prediction and decision-making market.
The Website enables interaction with decentralized components that comprise the Protocol (“Protocol”), which facilitates a social, decentralized prediction and decision-making market.
The Website solely provides access to user interfaces and tools that allow you to interact with the Protocol. via connection to a compatible, non-custodial digital wallet. You retain sole control over your wallet and any digital assets associated with it. The Website and its operators do not have access to, custody of, or control over your wallet, your private keys, or any digital assets you may use when interacting with the Protocol. These tools enable actions such as market creation, participation, and information retrieval. The Website and its operators do not assume responsibility for the initiation, operation, promotion, or outcome of any markets or activities facilitated through the Protocol.
You acknowledge that markets created using the Protocol are executed through autonomous smart contracts and are subject to blockchain network conditions. Once deployed, such contracts operate independently, and we do not control or guarantee their functionality, uptime, or results.
You are solely responsible for ensuring that your use of the Protocol complies with all applicable laws and regulations in your jurisdiction, including but not limited to those relating to the creation, distribution, and trading of prediction markets.
WE DISCLAIM ALL RESPONSIBILITY FOR ANY MARKETS CREATED BY YOU OR OTHER USERS, INCLUDING THOSE ACCESSIBLE THROUGH THE WEBSITE OR PROTOCOL. WE DO NOT CURATE, MODERATE, OR VERIFY THE CONTENT OR OUTCOMES OF ANY MARKETS CREATED OR TRADED.
4.1 Wallet
To participate in the Protocol, you may need to connect a compatible digital wallet (“Wallet”) to access and interact with decentralized smart contracts. You acknowledge and agree that your Wallet is non-custodial, not provided by us, and not under our control. You will interface directly with third-party wallet providers, where you alone are responsible for generating, managing, and safeguarding your private keys and seed phrase.
This means that only you can authorize transactions, including market creation, participation, or settlement. We do not hold, store, or recover your keys, and we cannot assist you in accessing your Wallet if you lose your credentials. You accept all risks associated with managing your keys and interacting with the blockchain.
It is your sole responsibility to securely back up and protect your seed phrase and private keys. If you lose access to them, your ability to interact with the Protocol, including any prediction markets you have created or participated in, may be permanently lost.
When using the Services, you acknowledge that you are interacting directly with decentralized technologies, such as smart contracts deployed on public blockchains. These are operated and maintained by third parties or decentralized networks, not by us. You agree to hold us harmless and waive any claims related to the functionality, performance, or outcomes of such third-party components.
YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT HOLD OR HAVE CUSTODY OF, OR HAVE ANY RESPONSIBILITY FOR, OR CONTROL OVER, YOUR PRIVATE KEYS OR DIGITAL ASSETS. YOU HEREBY HOLD US HARMLESS AND INDEMNIFY US AGAINST ANY CLAIMS OR LOSSES ARISING IN CONNECTION WITH YOUR USE OF YOUR WALLET OR YOUR KEYS.
4.2 Creation of Prediction Markets
We provide you with a permissionless, no-code tool to create and manage prediction markets, either privately or made public to all users. The Services enable you to deploy your own market instances according to your specifications, without requiring pre-approval or permission from us or any intermediary (subject to our rights as outlined in these Terms of Use).
You acknowledge and agree that all prediction markets generated using the Services are classified as User Contributions and must adhere to the Content Standards set out below and all other provisions of these Terms of Use.
We do not provide additional vetting processes for any prediction market you create using our Services. We solely provide you with the tools and infrastructure necessary for market creation, without assuming responsibility for the accuracy, legality, promotion, or outcome of the markets you deploy. You acknowledge that markets created using our Services are subject to blockchain network protocols and smart contract functionalities, and that we do not control or guarantee their performance once deployed.
You further acknowledge and agree that the Services, including the market creation tools, do not guarantee anonymity, and that other users or third parties may be able to identify market creators.
You agree to comply with all applicable laws and regulations related to the creation, distribution, use, and promotion of prediction markets. It is your sole responsibility to ensure that your use of the Services complies with legal and regulatory requirements in your jurisdiction.
Prediction markets created on the Services are non-refundable and cannot be redeemed for cash (or its equivalent value in any other digital asset). Furthermore, markets and positions created through the Services: (i) do not represent any shareholding, ownership, participation, right, title, or interest in any company or entity; (ii) are not a representation of money (including electronic money, digital assets, or fiat), payment instrument, security, commodity, bond, debt instrument, unit in a collective investment or managed investment scheme, or any other kind of financial instrument or investment; (iii) do not entitle holders to any promise of revenue, fees, profits, or investment returns; (iv) do not represent a loan to any third party and do not include any expectation of interest or principal return; and (v) may have no value, and there is no guarantee or representation of liquidity or value.
WE HAVE NO RESPONSIBILITY FOR ANY PREDICTION MARKET YOU MAY CREATE, EVEN IF MADE AVAILABLE ON OR THROUGH THE SERVICES, AND ARE NOT RESPONSIBLE FOR THE CONTENT OR OUTCOME OF ANY MARKET POSTED OR TRADED ON OUR SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT MARKETS CREATED BY USERS MAY INCLUDE TOPICS THAT OFFEND YOUR SENSIBILITIES OR THAT MAKE USE OF MATERIALS SUBJECT TO INTELLECTUAL PROPERTY PROTECTIONS OF THIRD PARTIES. COMPANY IS NOT LIABLE FOR, AND HAS NO RESPONSIBILITY TO YOU OR ANY OTHER PERSON WITH RESPECT TO, SUCH MATERIALS. WE DO NOT CONTROL OR MONITOR THE CONTENT OF USER-GENERATED MARKETS, AND WHILE WE RESERVE THE RIGHT TO TAKE DOWN OR PREVENT ACCESS TO ANY MARKET THAT WE BELIEVE, IN OUR SOLE DISCRETION, VIOLATES THESE TERMS OF USE, WE DO NOT UNDERTAKE AND HAVE NO RESPONSIBILITY FOR MONITORING OR POLICING THE CONTENT OF MARKETS GENERATED ON THE SERVICES.
4.3 Social Features
The Protocol includes optional social and challenge features. Users may add each other as friends to build a network of trusted participants. This enables access to two distinct activity feeds: a Global Feed, which displays public market activity across all users, and a Friend Feed, which filters that activity to only those users with whom you’ve established a connection. These feeds allow users to observe and learn from the strategies and behaviors of others on the Protocol.
Users can copy trade the positions of other participants. When copy trading is enabled, their selected markets will be added to your watchlist, and with a single click, you may auto-bet on the same outcome via a guided prompt. Alternatively, you may place a mirrored bet directly from the copy trade interface without leaving the page.
The Protocol also offers a Challenge Mode, where users can engage in friendly competition to determine who earns the highest return over a defined time period. You may initiate a challenge by selecting another user, and both participants must agree to a fixed time limit. At the end of the challenge period, the Protocol will automatically determine the winner based on relative profit. By default, the winner receives 10% of the loser’s profits, but in advanced challenges, the participants can mutually agree to increase the staked share up to 100% of the loser's profits.
All social and challenge interactions occur natively within the Protocol. Publicly visible data, such as usernames or other wallet-linked identifiers, may be used to populate feeds and enable the discoverability of users’ activity. You retain full control over whether to engage in social or challenge features, and all such participation is entirely optional and governed by the smart contracts underlying the Protocol.
The Protocol includes an optional community feature referred to as “Cabals.” Cabals are user-created groups that enable participants to organize around shared interests and collaborate, compete, or interact within the Services. A Cabal may consist of one or more users, with one user designated as the Cabal leader.
The Cabal leader may manage membership and group interactions, including by inviting or removing members and overseeing a shared treasury, if applicable. Cabals may choose to coordinate prediction market activity, but doing so is not required. The existence or participation in a Cabal does not alter the decentralized and permissionless nature of the Protocol.
We do not control or moderate the conduct of Cabals or their members. Cabals are solely responsible for their internal governance, communications, and any activity they facilitate. All Cabals and their members must comply with these Terms of Use. Any User Contributions or market activity undertaken within or through a Cabal are subject to the same disclaimers, responsibilities, and content standards applicable to other areas of the Services.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT CABALS ARE USER-GOVERNED AND OPERATED, AND THAT WE BEAR NO RESPONSIBILITY OR LIABILITY FOR ANY ACTIONS, OMISSIONS, OR LOSSES ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN A CABAL, INCLUDING BUT NOT LIMITED TO ACTIVITY RELATING TO MEMBERSHIP, TREASURY MANAGEMENT, OR PREDICTION MARKET ENGAGEMENT.
Participation in social features, copy trading, and challenge mode is entirely optional and at your own risk. We do not guarantee the accuracy, profitability, or reliability of any user’s trades or performance history. Copy trading does not constitute financial advice or endorsement. You are solely responsible for your decision to follow or replicate another user’s trades. Outcomes in challenge mode are determined algorithmically and based on the terms agreed upon by users. We do not mediate disputes or manually adjust outcomes.
The Protocol does not take custody of any funds or enforce side payments off-chain. All interactions must occur through the smart contract logic as deployed.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT WE DO NOT GUARANTEE PROFITS OR OUTCOMES FROM SOCIAL FEATURES OR CHALLENGES, AND YOU INDEMNIFY US FROM ANY CLAIMS OR LOSSES ARISING FROM YOUR USE OF THESE FEATURES.
5. Fees
We may charge a fee for offering some of the Website. There will also be a fee when you trade tokens. We may not inform you of the applicable fees in advance of you incurring them. You should also understand that there may be fees associated with the use of the Blockchain networks.
Our fees are subject to change at any time without notice, even if we have provided an estimate of the same in advance.
Note that all third-party fees are likely also subject to change, but you must confirm such fees with the third parties whose technology you use.
Under no circumstances shall the Company incur any liability, of any kind, in connection with our fees or those charged by third parties. You hereby release us and hold us harmless from and against any and all liability or losses associated with fees related to the Website and underlying or connected third-party technologies.
6. Content Standards
These Content Standards apply to any and all User Contributions and use of Services. User Contributions must in their entirety comply with all applicable laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, threatening, harassing, violent, hateful, inflammatory, degrading, fraudulent, tortious, illegal or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or which is regarded as a protected characteristic.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may conflict with these Terms of Use and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any illegal or unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising, to the extent not related to the Company or the Services.
Give the impression that they emanate from or are endorsed by the Company or any other person or entity, where this is not the case.
Function as investment vehicles or offer equity or debt; or
Involve or contain illegal or dangerous content, political fundraising, financing, or investment schemes, or discriminatory or intolerant materials.
7. Intellectual Property Rights
The Website and its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your access to and viewing of those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print a copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
You must not:
Modify copies of any materials from the website.
Use any images, video, or audio separately from the text that accompanies it.
Delete or alter any copyright, trademark, or other intellectual or proprietary rights notices from copies of materials from the website.
You must not access or use any part of the website or any services or materials available through the website for the benefit of third parties.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the website will stop immediately and you must, upon our demand, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred or licensed to you, and all rights not expressly granted are reserved by the Company. Any use of the website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws or rights of intellectual property holders.
8. Trademarks
Company’s name, trade names, logos, service marks, product and service names, designs, slogans, and trade dress are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.
9. Reliance on Information Posted / Third-Party Materials
The information presented on or through the Website is made available solely for general information purposes. We do not warrant or represent the accuracy, completeness, or usefulness of any of this information, even if we have created the information ourselves. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the website, or by anyone who may be informed of any of its contents.
The Website may include content provided by third parties, including, potentially, materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials and all articles and responses to questions and other content, other than the content provided by the Company, are the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY THIRD PARTY MATERIALS, INFORMATION, SDKs, PROTOCOLS, NETWORKS, INFRASTRUCTURE, RESOURCES, APPLICATIONS, DATA, CONTENT OR SERVICES, EVEN IF AVAILABLE ON, THROUGH OR FROM THE SERVICES. WE HAVE NO RESPONSIBILITY FOR, NO CONTROL OVER, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES WITH RESPECT TO, THE QUALITY, SECURITY, ACCURACY, RELIABILITY, OR UPTIME OF SUCH THIRD-PARTY MATERIALS. YOU HEREBY HOLD US HARMLESS FROM AND AGAINST ANY LOSSES OR DAMAGES YOU MAY SUFFER AS A RESULT OF YOUR USE OF SUCH ITEMS.
10. User Marks and Feedback
You grant to the Company a perpetual, irrevocable, non-exclusive, worldwide, fully paid up and royalty free right and license to use, reproduce, modify, display and otherwise disclose to third parties your name, logos and trademarks (“User Marks”) on: (a) internal and public materials (including the Website); and (b) as part of press releases made by the Company.
You may from time to time provide us with feedback about your experience on the Services, recommendations for modifications or other information relating to the Services (collectively, “Feedback”). You agree that we may use the Feedback in our business without restriction, and such Feedback will be considered non-confidential and non-proprietary. By providing any Feedback, you grant us and our service providers, and each of their and our respective licensees, successors, and assigns a perpetual, irrevocable, non-exclusive, worldwide, fully paid up and royalty free right and license to use, reproduce, modify, perform, display and otherwise disclose to third parties any such material for any purpose.
11. User Contributions
The Services contain various feeds, likes and comments features, profiles and other features allowing users to interact with the Services and with each other (collectively, “Interactive Services”) pursuant to which users can post, like, comment, submit, publish, display and transmit to other users or other persons (collectively “post”) content or materials, and allow you to create meme tokens that incorporate pictures and other content (collectively, “User Contributions”) on or through the Services.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the Services will be treated as non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You warrant, represent, and undertake that:
You own or control all rights in and to your User Contributions and have the right to grant the license above.
All of your User Contributions do and will comply with the Content Standards and these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you have sole responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any person for the content or accuracy of any User Contributions posted by you or any other user of the Services.
12. Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason at our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate at our sole discretion, including where we believe that such User Contribution violates the Content Standards or other Terms of Use, infringes any intellectual property right or other right of any person, threatens the personal safety of users of the Services or the public or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or rights to privacy under applicable law.
Take appropriate legal action, including without limitation referral to law enforcement, for any illegal, unlawful or unauthorized use of the Services.
Refuse you access to the Services, lock up your digital assets and make them inaccessible to you, and blacklist you and your associated accounts from using the Services, if we determine, at our sole discretion, that there is a risk of fraudulent activity (e.g., past instances of rug pulls by you, or any other deceptive practice we believe or suspect you are or have been engaged in).
Flag or close your account or delist any digital asset you created or acquired using the Services, if we detect deceptive practices such as wash trading or market manipulation. Terminate your access to and use of the Services in whole or in part, in our discretion, if we believe or suspect that you have breached or are breaching these Terms of Use in any way.
Terminate your access to and use of the Services at any time, for any reason or for no reason, at our sole discretion and without notice of any kind, without incurring liability of any kind to you as a result of such suspension or termination.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.
You can flag or report to us User Contributions you believe to be problematic, fraudulent, or in violation of these Terms of Use. Although we are not obliged to review or verify your reports regarding User Contributions, we reserve the right to do so and to take appropriate action, including flagging, blocking access to or closing accounts, at our discretion.
However, we do not undertake to review all material before it is posted on the Services, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
13. Reporting Claims of Copyright Infringement
If you, acting reasonably and in good faith, believe that material available on the Services infringes your copyright, you (or your agent) may send to the Company a written notice by email at [email address], requesting that we remove such material or block access to it.:
WE RESERVE THE RIGHT TO REMOVE ANY CONTENT REPORTED TO US AS INFRINGING COPYRIGHT.
14. No Advice
The Company does not provide investment services, manage pooled capital, or act as an investment fund, investment advisor, or financial intermediary. The platform does not solicit or manage investments, nor does it offer profits based on the managerial efforts of the Company.
More broadly, you understand that we do not act as your financial advisor, investment manager, arranger, introducer, or commodity or other trading advisor, nor do we give you any investment advice of any kind with respect to what assets you choose to create or purchase or any trading thereof. As with any trading activity, it is your responsibility, and you are solely responsible for your purchase decisions, how and when you trade virtual assets, and with whom. It is also your responsibility to ensure you understand virtual assets, how they work, what their value is, and about trading and purchasing such assets, as there are significant risks in doing so, all of which you solely assume.
We may suspend or cancel your use of the Website for any reason, including if we believe you have engaged in or are about to engage in any kind of fraud or other illegal, unlawful, or tortious activity, if required pursuant to applicable laws, or if you violate these Terms of Use.
We may provide you with notice of suspension, but do not undertake to do so. We may change the functionality of the Website at any time, which means some networks may no longer be supported after a time. You acknowledge that this is the case and accept this risk. We do not perform any activities to vet users prior to allowing them to post on the Website or to create or trade assets. You acknowledge that this is a risk you accept when you interact with our Website.
You agree and understand that all decisions you make on the Website are made solely by you. You agree and understand that under no circumstances will the operation of our Website and your use of it be deemed to create a relationship that includes the provision of or tendering of investment advice. NO FINANCIAL, INVESTMENT, LEGAL, TAX, SECURITIES, OR OTHER PROFESSIONAL ADVICE IS GIVEN THROUGH OR IN CONNECTION WITH THE SERVICES. No content found on our Website, whether created by us, our service providers, our business partners, or another user, is or should be considered as investment advice. You agree and understand that we accept no responsibility whatsoever for and shall in no circumstances be liable to any person in connection with your decisions or your use of the Website.
15. Risk
You acknowledge and agree that virtual assets are volatile and risky, and that their trading is affected by many factors outside our or your control. You are solely responsible for any transactions, and for all fees that you may incur as a result of your acquisition or sales of digital assets. Our Website does not control the timing of any transaction, yet you acknowledge that the time of a transaction can affect the value of the asset or the fees associated with a transaction or both. You hereby hold us harmless against any and all claims arising from the transaction of your virtual assets, or the timing of such transactions.
Virtual assets are not backed by any government and are not legal tender in most jurisdictions. Virtual assets are not subject to local protections by governmental bodies. We are not a bank, and we have no fiduciary duty to you. We make no guarantee as to the functionality of any virtual asset network which might cause delays, conflicts of interest, or might be subject to operational decisions of third parties that are unfavorable to you or affect your digital assets, or which might lead to your inability to complete a transaction using our Website.
You acknowledge that our software and smart contracts could have bugs or security vulnerabilities, and you hereby accept this risk. You hereby hold us harmless from any losses you suffer as a result of your use of our Website, which you agree you use at your sole risk.
Virtual assets and use of our Website may be subject to expropriation and/or theft. Hackers or other malicious actors may attempt to interfere with our Website or your use thereof in a variety of ways, including, but not limited to, the use of malware, denial of service attacks, Sybil attacks, and spoofing. Accordingly, you should verify all information before relying on it. All decisions you make based on information provided through the Website are your sole responsibility, and you hold us harmless from and against any losses you suffer as a result of such decisions.
WE SHALL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES IN CONNECTION WITH YOUR USE OF THE WEBSITE FOR ENGAGING IN DIGITAL ASSET TRANSACTIONS.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR THE RISKS SET FORTH IN THIS SECTION.
WE DO NOT HAVE CONTROL OVER AND ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY USERS OR THE BLOCKCHAIN NETWORK.
16. Taxes
You are solely responsible for any tax liability that may arise from purchasing or reselling digital assets or other activities you engage in while on the Website or which occur as a result of your activities on the Website. It is your responsibility to ensure you have accounted for, reported to the proper taxation authority, and paid all such taxes to the applicable taxation authority. We do not undertake any obligation to report any such taxes, nor collect or disburse them on your behalf. You hold us harmless and release us from and against any claims, losses, damages, or demands arising in connection with taxes you may owe as a result of your transactions on the Website.
17. Information About You
All information we collect on the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
18. Disclaimer of Warranties and Limitation on Liability
You understand that we cannot and do not guarantee, warrant, or represent that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, CONDUCT OF THIRD PARTIES OR USERS, INCLUDING THREAT ACTORS, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.
YOUR USE OF THE WEBSITE, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THEY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY WARRANTS OR REPRESENTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE HAVE NO RESPONSIBILITY OR LIABILITY TO ANY PERSON FOR ANY LOSSES THAT YOU MAY INCUR AS A RESULT OF SWAPS, TRADES, OR OTHER TRANSACTIONS THAT YOU MAY ENGAGE IN CONNECTION WITH THE SERVICES FOR ANY REASON WHATSOEVER, INCLUDING WITHOUT LIMITATION LOSSES ARISING FROM SOFTWARE DEFECTS, MALFUNCTIONS, OR A LACK OF ACCESS TO THE WEBSITE.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
YOU ACKNOWLEDGE THAT YOUR DATA AND ASSETS ON THE WEBSITE MAY BECOME IRRETRIEVABLY LOST CORRUPTED OR TEMPORARILY UNAVAILABLE AS A RESULT OF A VARIETY OF CAUSES, AND YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACKS, SOFTWARE FAILURES, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIALS (INCLUDING THOSE WHICH MAY INFECT YOUR COMPUTER EQUIPMENT OR DEVICES), PROTOCOL CHANGES BY THIRD-PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENTS OR OTHER DISASTERS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OF OUR CONTROL.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE COMPANY HAS NO LIABILITY FOR THE LOSS OR THEFT OF YOUR WALLET KEYS OR ANY OTHER KEYS USED TO ACCESS OTHER DIGITAL WALLETS YOU MIGHT USE.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
WE HAVE NO CONTROL OVER, TAKE NO RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR THE CONDUCT OF, THIRD PARTIES, INCLUDING WITHOUT LIMITATION THREAT ACTORS.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
19. Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees and legal costs) arising out of, in connection with or relating to your violation of these Terms of Use or your use of the Website.
20. Governing Law and Arbitration Clause
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Republic of Panama without giving effect to any choice or conflict of law provision or rule (whether of the Republic of Panama or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website must be decided by Arbitration, following an attempt at Conciliation, administered by the Panama Conciliation and Arbitration Centre (CECAP) in accordance with its procedural rules, by its procedural rules. The number of arbitrators shall be three. The seat, or legal place, of arbitration, shall be Panama City. The language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive law of the Republic of Panama. The arbitral award shall be final for the Parties, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue in such courts.
21. Class Action Waiver; Waiver of Jury Trial
THE PARTIES AGREE TO LITIGATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THESE TERMS OF USE DO NOT PERMIT CLASS ACTION LITIGATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. THE COURT MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY UNCONDITIONALLY, IRREVOCABLY, AND EXPRESSLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, SUIT OR PROCEEDING ARISING IN CONNECTION WITH THE SERVICES OR THESE TERMS OF USE.
22. Limitation on Time to File Claims
ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST ANY PERSON ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
23. Other
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use, or any part of any such provision, is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be deemed to be deleted or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms of Use and our Privacy Policy constitute the entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
24. Your Comments and Concerns
All Feedback, comments, requests for technical support, and other communications relating to the Website should be directed to X
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