Terms of Service

Last Updated: January 22, 2026

These Terms of Service (these “Terms”) constitute a legally binding agreement between you (“you” or “your”) and the operator of the Platform (“Company”, “we”, “our”, or “us”). These Terms govern your access to and use of the apps.fun website, platform, and all related services (collectively, the “Platform” or “Services”).

BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE PLATFORM.

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS, YOU ARE AGREEING (WITH LIMITED EXCEPTIONS) TO RESOLVE ANY DISPUTE BETWEEN YOU AND THE COMPANY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW SECTION 22 (“DISPUTE RESOLUTION”) CAREFULLY. YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AS SET FORTH IN SECTION 22.

Critical Eligibility Restriction

THE PLATFORM AND SERVICES ARE NOT AVAILABLE TO U.S. PERSONS (AS DEFINED BELOW). BY ACCESSING OR USING THE PLATFORM, YOU REPRESENT AND WARRANT THAT YOU ARE NOT A U.S. PERSON. IF YOU ARE A U.S. PERSON, YOU MUST IMMEDIATELY CEASE ALL ACCESS TO AND USE OF THE PLATFORM.

Risk Warning

The Platform involves interaction with blockchain-based digital assets, including user-generated tokens. Digital assets are highly speculative, volatile, and risky. You should not participate in any activities on the Platform unless you fully understand the nature of digital assets and are prepared to lose the entire value of any digital assets you acquire or hold.

The value of digital assets, including tokens created or traded on the Platform, can fluctuate significantly and rapidly. There is a substantial risk of economic loss when buying, selling, holding, or interacting with any digital asset. Past performance is not indicative of future results.

You acknowledge and agree that:

We are not your broker, intermediary, agent, advisor, or fiduciary;
No communication from us constitutes financial, investment, legal, or tax advice;
We do not recommend that any digital asset be bought, sold, earned, or held;
You are solely responsible for your own due diligence and investment decisions;
You should consult qualified professionals before making any financial decisions.

1. Definitions

In these Terms, unless the context requires otherwise:

“Applicable Law” means all applicable laws, statutes, regulations, rules, orders, judgments, and other requirements of any governmental authority in any jurisdiction.

“Digital Asset” means any digital representation of value or rights that is recorded on a distributed ledger or blockchain, including cryptocurrencies, tokens, and other blockchain-based assets.

“Protocol” means the autonomous, decentralized smart contract system deployed on the applicable blockchain network that enables the creation, trading, and interaction with User-Generated Tokens.

“Protocol Rewards” means any digital assets that may be distributed by the Protocol to holders of User-Generated Tokens based on the autonomous operation of the Protocol's smart contracts. Protocol Rewards are not dividends, interest, profits, returns on investment, or any form of guaranteed payment. The distribution, timing, and amount of any Protocol Rewards are determined solely by the Protocol's smart contract code and are not controlled, guaranteed, or influenced by the Company.

“Prohibited Jurisdiction” means the United States of America (including all territories and possessions), Cuba, Iran, North Korea, Syria, the Crimea, Donetsk, and Luhansk regions of Ukraine, Russia, Belarus, and any other jurisdiction subject to comprehensive sanctions by the United States, European Union, or United Nations, or where access to or use of the Platform would be illegal or prohibited.

“Smart Contract” means self-executing code deployed on a blockchain network that automatically executes predefined functions when certain conditions are met.

“U.S. Person” means: (i) any natural person resident in the United States; (ii) any partnership or corporation organized or incorporated under the laws of the United States; (iii) any estate of which any executor or administrator is a U.S. Person; (iv) any trust of which any trustee is a U.S. Person; (v) any agency or branch of a foreign entity located in the United States; (vi) any non-discretionary account or similar account (other than an estate or trust) held by a dealer or other fiduciary for the benefit or account of a U.S. Person; (vii) any discretionary account or similar account (other than an estate or trust) held by a dealer or other fiduciary organized, incorporated, or (if an individual) resident in the United States; (viii) any partnership or corporation if organized or incorporated under the laws of any non-U.S. jurisdiction and formed by a U.S. Person principally for the purpose of investing in securities not registered under the U.S. Securities Act of 1933; or (ix) any other “U.S. person” as defined in Rule 902(k) of Regulation S under the U.S. Securities Act of 1933, as amended.

“User-Generated Token” means any Digital Asset created by a user through the Platform or Protocol.

“Wallet” means a blockchain-based digital wallet that you use to interact with the Platform, over which you maintain sole custody and control of the private keys.

2. Eligibility and Access Restrictions

2.1 General Eligibility. To access and use the Platform, you must:

Be at least eighteen (18) years of age or the age of legal majority in your jurisdiction, whichever is higher;
Have full legal capacity and authority to enter into and be bound by these Terms;
Not be a U.S. Person;
Not be located in, incorporated in, organized in, a citizen of, or a resident of any Prohibited Jurisdiction;
Not be subject to any sanctions administered by the U.S. Office of Foreign Assets Control (OFAC), the United Nations Security Council, the European Union, or any other governmental authority.

2.2 U.S. Person Prohibition and Attestation. THE PLATFORM IS NOT OFFERED TO AND MAY NOT BE USED BY U.S. PERSONS. By accessing or using the Platform, you expressly represent, warrant, and attest under penalty of perjury that: (i) you are not a U.S. Person; (ii) you are not accessing the Platform from within the United States or any of its territories or possessions; (iii) you are not accessing the Platform on behalf of any U.S. Person; and (iv) you will immediately cease all use of the Platform if you become a U.S. Person or relocate to the United States. These representations and warranties are material inducements for the Company to provide you access to the Platform. Any breach of these representations constitutes a material breach of these Terms and may result in immediate termination of your access, forfeiture of any associated assets to the extent technically feasible, and potential legal action including claims for damages.

2.3 Organizational Users. If you are accessing or using the Platform on behalf of a legal entity, you represent and warrant that: (i) you have full authority to bind such entity to these Terms; (ii) you have read and understood these Terms; and (iii) you agree to these Terms on behalf of such entity. The entity shall be jointly and severally liable with you for any breach of these Terms.

2.4 Verification. We reserve the right to require verification of your eligibility at any time and to deny or terminate access to anyone who fails to meet the eligibility requirements or who we reasonably believe has provided false or misleading information.

2.5 Changes to Eligibility. We may modify the eligibility requirements at any time in our sole discretion. Continued use of the Platform after any such changes constitutes your acceptance of the modified eligibility requirements.

3. Platform Description and Non-Custodial Nature

3.1 Platform Overview. The Platform provides a user interface that enables users to interact with the Protocol, a decentralized smart contract system that facilitates the creation of and interaction with User-Generated Tokens on supported blockchain networks.

3.2 Non-Custodial Service. THE PLATFORM IS A NON-CUSTODIAL SERVICE. We do not at any time have custody, possession, or control over your Digital Assets, including any User-Generated Tokens or Protocol Rewards. You interact with the Protocol directly through your own Wallet, and you maintain sole custody and control of your private keys and Digital Assets at all times.

3.3 Smart Contract Autonomy. The Protocol operates through autonomous Smart Contracts deployed on blockchain networks. Once deployed, the Protocol's Smart Contracts execute automatically based on their code without the ability of the Company or any other party to alter, reverse, or interfere with transactions. YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT CONTROL THE PROTOCOL'S SMART CONTRACTS AND CANNOT MODIFY, REVERSE, OR INTERVENE IN ANY TRANSACTION PROCESSED BY THE PROTOCOL.

3.4 User-Generated Content. User-Generated Tokens and associated content (names, symbols, images, descriptions) are created entirely by users, not by the Company. We do not endorse, verify, or take responsibility for any User-Generated Token or associated content. You acknowledge that User-Generated Tokens may include content that is offensive, inaccurate, misleading, or infringing, and you use the Platform at your own risk.

3.5 No Investment Advice. Nothing on the Platform constitutes investment, financial, legal, or tax advice. We do not make any recommendations regarding the purchase, sale, or holding of any Digital Asset. You should consult with qualified professionals before making any decisions related to Digital Assets.

3.6 Third-Party Applications and Websites. The Platform may enable users to create, launch, list, or promote applications, websites, tokens, or other projects (“Third-Party Projects”). You acknowledge and agree that: (a) Third-Party Projects are created, operated, and maintained entirely by third parties, not by the Company; (b) we do not review, audit, verify, endorse, or assume any responsibility for any Third-Party Project, including its functionality, security, legality, or accuracy of any associated information; (c) your interaction with any Third-Party Project is entirely at your own risk; (d) we make no representations or warranties regarding any Third-Party Project, including its safety, quality, legality, or fitness for any purpose; and (e) you are solely responsible for conducting your own research and due diligence before interacting with, participating in, or investing in any Third-Party Project. THE COMPANY SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF OR INTERACTION WITH ANY THIRD-PARTY PROJECT.

4. Protocol Rewards

4.1 Nature of Protocol Rewards. The Protocol may distribute Protocol Rewards to holders of certain User-Generated Tokens based on the autonomous operation of the Protocol's Smart Contracts. You acknowledge and agree that:

Protocol Rewards are determined and distributed solely by the Protocol's Smart Contract code;
The Company does not control, determine, guarantee, or influence the amount, timing, or distribution of any Protocol Rewards;
Protocol Rewards are not dividends, interest, profit-sharing, returns on investment, or any form of guaranteed payment;
There is no guarantee that any Protocol Rewards will be distributed or that they will have any value;
The receipt of Protocol Rewards may have tax implications in your jurisdiction, and you are solely responsible for determining and fulfilling any tax obligations.

4.2 No Expectation of Profit. User-Generated Tokens are designed to facilitate interaction with decentralized applications and communities. They are not investment contracts and should not be acquired with any expectation of profit from the efforts of the Company or any third party. Any value that User-Generated Tokens or Protocol Rewards may have is incidental and not the result of the Company's efforts.

4.3 Disclaimers Regarding Value. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE VALUE OF ANY USER-GENERATED TOKEN OR PROTOCOL REWARD. DIGITAL ASSETS ARE HIGHLY VOLATILE AND MAY LOSE ALL VALUE. YOU SHOULD NOT PARTICIPATE IN ANY PLATFORM ACTIVITIES UNLESS YOU ARE PREPARED TO LOSE THE ENTIRE VALUE OF ANY DIGITAL ASSETS INVOLVED.

5. User Conduct and Prohibited Activities

5.1 General Conduct. You agree to use the Platform only for lawful purposes and in accordance with these Terms. You are solely responsible for your conduct and any content you create or interact with on the Platform.

5.2 Prohibited Activities. You agree not to:

Violate any Applicable Law or these Terms;
Access the Platform if you are a U.S. Person or are located in a Prohibited Jurisdiction, or misrepresent your eligibility to access the Platform;
Provide false, inaccurate, or misleading information;
Engage in market manipulation, including wash trading, spoofing, front-running, pump-and-dump schemes, or any other manipulative trading practices;
Engage in fraud, money laundering, terrorist financing, or any other financial crime;
Create User-Generated Tokens that infringe on intellectual property rights of third parties;
Create User-Generated Tokens that impersonate any person or entity or misrepresent your affiliation with any person or entity;
Upload or distribute malware, viruses, or other harmful code;
Attempt to gain unauthorized access to the Platform, other users' Wallets, or any related systems;
Interfere with or disrupt the Platform or servers or networks connected to the Platform;
Use bots, scripts, or automated tools to access the Platform except as expressly permitted;
Reverse engineer, decompile, or attempt to extract source code from the Platform;
Create or distribute content that is unlawful, defamatory, obscene, pornographic, harassing, threatening, or promotes violence or discrimination;
Assist, encourage, or enable any third party to do any of the foregoing.

5.3 Consequences of Violation. Violation of these Terms may result in immediate termination of your access to the Platform, forfeiture of any associated assets to the extent technically possible, and potential legal action. We reserve the right to report any suspected illegal activity to relevant authorities.

6. Fees

6.1 Platform Fees. The Platform may charge fees for certain Services as disclosed on the Platform or in related documentation. All fees are denominated in the applicable Digital Asset and are collected automatically by the Protocol's Smart Contracts.

6.2 Network Fees. You are solely responsible for paying all blockchain network transaction fees (“gas fees”) associated with your use of the Platform. Network fees are paid to blockchain validators, not to the Company, and are outside of our control.

6.3 Third-Party Fees. You may incur fees from third-party service providers (such as wallet providers or exchanges) in connection with your use of the Platform. We are not responsible for any third-party fees.

6.4 Fee Changes. We reserve the right to modify fees at any time. Changes to fees will be posted on the Platform. Your continued use of the Platform after fee changes constitutes acceptance of the new fees.

6.5 No Refunds. All fees paid are final and non-refundable, except as required by Applicable Law.

7. Intellectual Property

7.1 Company IP. The Platform, including all software, code, designs, text, graphics, logos, and other content created by the Company (collectively, “Company IP”), is owned by or licensed to the Company and is protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Company IP solely for your personal, non-commercial use of the Platform in accordance with these Terms.

7.2 User Content. You retain ownership of any content you create and upload to the Platform, including images, names, and descriptions associated with User-Generated Tokens (“User Content”). By creating User Content, you grant the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, distribute, and display your User Content in connection with operating and promoting the Platform.

7.3 User Representations. You represent and warrant that: (i) you own or have all necessary rights to your User Content; (ii) your User Content does not infringe any third party's intellectual property or other rights; and (iii) you have obtained all necessary consents for the use of your User Content.

7.4 DMCA Compliance. We respect the intellectual property rights of others. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our designated agent with a notice containing the information required by the Digital Millennium Copyright Act (17 U.S.C. § 512) or equivalent local law.

7.5 Trademark Guidelines. You may not use the Company's trademarks, logos, or service marks without our prior written consent. Any unauthorized use of Company trademarks may result in legal action.

8. Privacy and Data

8.1 Privacy Policy. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the collection and use of your information as described in the Privacy Policy.

8.2 Blockchain Data. You acknowledge that blockchain transactions are publicly recorded and permanently stored on the applicable blockchain network. The Company cannot delete, modify, or control information recorded on a blockchain.

8.3 Compliance Disclosures. We may disclose your information to government authorities, law enforcement, or other third parties if required by Applicable Law or if we believe disclosure is necessary to protect our rights, your safety, or the safety of others.

9. Third-Party Services and Links

9.1 Third-Party Services. The Platform may integrate with or provide links to third-party services, including wallet providers, blockchain networks, and other decentralized applications. We do not control and are not responsible for any third-party services.

9.2 No Endorsement. Links to or integrations with third-party services do not constitute an endorsement by the Company. You use third-party services at your own risk and subject to the terms and conditions of such services.

9.3 Wallet Providers. You are solely responsible for the security and management of your Wallet. The Company is not responsible for any loss or damage resulting from your use of any wallet provider or your failure to secure your private keys.

10. Disclaimers

10.1 AS-IS BASIS. THE PLATFORM AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

10.2 No Guarantee of Availability. We do not warrant that the Platform will be uninterrupted, timely, secure, or error-free. The Platform may be unavailable due to maintenance, upgrades, or factors beyond our control.

10.3 No Guarantee of Accuracy. We do not warrant the accuracy, completeness, or reliability of any content on the Platform, including information about User-Generated Tokens, Protocol Rewards, or market data.

10.4 Smart Contract Risks. We do not warrant that the Protocol's Smart Contracts are free from bugs, errors, or vulnerabilities. Smart Contracts may contain defects that could result in the loss of Digital Assets.

10.5 Blockchain Risks. Blockchain networks are subject to various risks, including network congestion, hard forks, 51% attacks, and other technical issues that could affect the Platform or your Digital Assets.

10.6 Regulatory Uncertainty. The regulatory status of Digital Assets and blockchain technology is unclear and evolving. Changes in Applicable Law could adversely affect the Platform, User-Generated Tokens, or your ability to use the Services.

10.7 NOT SECURITIES. USER-GENERATED TOKENS AND PROTOCOL REWARDS ARE NOT INTENDED TO CONSTITUTE SECURITIES, INVESTMENT CONTRACTS, OR ANY OTHER REGULATED FINANCIAL INSTRUMENTS IN ANY JURISDICTION. THE COMPANY HAS NOT REGISTERED ANY USER-GENERATED TOKEN OR PROTOCOL REWARD WITH ANY SECURITIES REGULATORY AUTHORITY. NOTHING ON THE PLATFORM CONSTITUTES AN OFFER TO SELL OR A SOLICITATION OF AN OFFER TO BUY ANY SECURITY.

11. Limitation of Liability

11.1 EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Specific Exclusions. Without limiting the foregoing, the Company shall not be liable for any loss or damage arising from:

Your use of or inability to use the Platform;
Any transaction or interaction involving User-Generated Tokens or Protocol Rewards;
Fluctuations in the value of any Digital Asset;
Unauthorized access to or alteration of your transmissions or data;
Statements or conduct of any third party on the Platform;
Any bugs, errors, or vulnerabilities in Smart Contracts;
Any blockchain network issues, including forks, congestion, or attacks;
Loss of private keys or unauthorized access to your Wallet;
Any other matter relating to the Platform.

11.3 AGGREGATE LIABILITY CAP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (I) THE TOTAL AMOUNT OF FEES PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (II) ONE HUNDRED U.S. DOLLARS (USD $100).

11.4 Basis of the Bargain. You acknowledge that the Company has offered the Platform and entered into these Terms in reliance upon the disclaimers and limitations of liability set forth herein, which reflect a reasonable and fair allocation of risk and form an essential basis of the bargain between you and the Company.

12. Indemnification

12.1 Indemnification Obligation. You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, agents, and licensors (collectively, “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

Your access to or use of the Platform;
Your violation of these Terms;
Your violation of any Applicable Law or third-party rights;
Any User Content you create or upload;
Any User-Generated Token you create;
Any dispute between you and any third party.

12.2 Indemnification Procedure. We will provide you with prompt written notice of any claim subject to indemnification. You shall not settle any claim without our prior written consent. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification at your expense.

13. Termination and Suspension

13.1 Termination by You. You may stop using the Platform at any time. These Terms will continue to apply to your past use of the Platform.

13.2 Termination by Company. We may terminate or suspend your access to the Platform immediately, without prior notice or liability, for any reason, including but not limited to:

Breach of these Terms;
Suspected fraud, money laundering, or other illegal activity;
Failure to meet eligibility requirements;
Requests by law enforcement or government authorities;
Technical or security issues;
Discontinuation of the Platform or any part thereof.

13.3 Effect of Termination. Upon termination: (i) your right to access the Platform ceases immediately; (ii) you remain liable for all obligations incurred prior to termination; and (iii) Sections 1, 4, 7, 10, 11, 12, 14, 19, 20, 21, and 22 shall survive termination.

13.4 No Liability. The Company shall not be liable to you or any third party for any termination or suspension of your access to the Platform.

14. Modifications to Terms and Platform

14.1 Modifications to Terms. We reserve the right to modify these Terms at any time in our sole discretion. If we make material changes, we will notify you by updating the “Last Updated” date at the top of these Terms and/or by other means we deem appropriate. Your continued use of the Platform after any modification constitutes your acceptance of the modified Terms.

14.2 Modifications to Platform. We reserve the right to modify, suspend, or discontinue the Platform or any part thereof at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Platform.

14.3 Responsibility to Review. You are responsible for regularly reviewing these Terms. If you do not agree to any modified Terms, you must immediately stop using the Platform.

15. Security

15.1 Your Responsibilities. You are solely responsible for:

Maintaining the security and confidentiality of your Wallet private keys and seed phrases;
All activity that occurs through your Wallet on the Platform;
Ensuring your devices and software are secure and free from malware;
Implementing appropriate backup procedures for your private keys.

15.2 Security Breaches. If you suspect any unauthorized access to your Wallet or any security breach affecting your use of the Platform, you should take immediate steps to secure your Wallet and notify us promptly.

15.3 No Recovery. THE COMPANY CANNOT RECOVER LOST PRIVATE KEYS OR SEED PHRASES. IF YOU LOSE ACCESS TO YOUR WALLET, YOU MAY PERMANENTLY LOSE ACCESS TO YOUR DIGITAL ASSETS. THE COMPANY SHALL HAVE NO LIABILITY FOR ANY SUCH LOSS.

16. Taxes

16.1 Tax Responsibility. You are solely responsible for determining and fulfilling all tax obligations arising from your use of the Platform, including but not limited to obligations relating to the creation, acquisition, holding, transfer, or receipt of User-Generated Tokens or Protocol Rewards.

16.2 No Tax Advice. The Company does not provide tax advice. You should consult a qualified tax professional regarding your specific tax obligations.

16.3 Tax Reporting. The Company may be required to report certain information to tax authorities. You agree to provide any information reasonably requested by the Company for tax compliance purposes.

17. Force Majeure

The Company shall not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, blockchain network failures, cyberattacks, power outages, or telecommunications failures.

18. Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of the Company. The Company may assign or transfer these Terms or any rights or obligations hereunder without restriction. Any attempted assignment in violation of this Section shall be null and void.

19. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent.

20. Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any failure of the Company to enforce a right or provision of these Terms shall not constitute a waiver of such right or provision.

21. Entire Agreement

These Terms, together with the Privacy Policy and any other documents incorporated by reference, constitute the entire agreement between you and the Company regarding the Platform and supersede all prior agreements and understandings, whether written or oral.

22. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

22.1 Governing Law. These Terms and any dispute arising out of or relating to these Terms or the Platform shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles.

22.2 Informal Resolution. Before initiating any formal dispute resolution proceeding, you agree to first contact us at legal@apps.fun and attempt to resolve the dispute informally for at least thirty (30) days. Most disputes can be resolved informally.

22.3 Binding Arbitration. If we cannot resolve a dispute informally, all disputes arising out of or relating to these Terms or the Platform shall be finally resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules in effect at the time of filing. The arbitration shall be conducted by a single arbitrator. The seat of arbitration shall be Cheyenne, Wyoming, provided that hearings may be conducted virtually at the arbitrator's discretion or by mutual agreement of the parties. The language of the arbitration shall be English. The Federal Arbitration Act (9 U.S.C. §§ 1-16) shall govern the interpretation and enforcement of this arbitration agreement.

22.4 Arbitration Procedures. The arbitration shall be conducted on a confidential basis. The arbitrator shall have the authority to award any relief that would be available in a court of law. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

22.5 Costs. Each party shall bear its own costs and attorneys' fees in connection with the arbitration, unless the arbitrator determines that a party's claims or defenses were frivolous, in which case the arbitrator may award costs and fees to the prevailing party.

22.6 CLASS ACTION WAIVER. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. UNLESS BOTH YOU AND THE COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

22.7 JURY TRIAL WAIVER. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM.

22.8 Exceptions. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

22.9 Time Limitation. Any claim arising out of or relating to these Terms or the Platform must be filed within one (1) year after the cause of action arose, or such claim shall be permanently barred.

22.10 Survival. This arbitration agreement shall survive the termination of these Terms.

23. Contact Information

If you have any questions about these Terms or the Platform, please contact us at:

Fun Software LLC
A Wyoming limited liability company
Email: legal@apps.fun

The Platform is operated by Fun Software LLC, a Wyoming limited liability company. For support inquiries, please visit our support channels as listed on the Platform.

24. Additional Provisions

24.1 No Partnership. Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between you and the Company.

24.2 No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights in any person.

24.3 Headings. Section headings are for convenience only and shall not affect the interpretation of these Terms.

24.4 Language. These Terms are written in English. Any translations are provided for convenience only. In the event of a conflict between the English version and any translation, the English version shall prevail.

24.5 Electronic Communications. You consent to receive communications from us electronically. We may communicate with you through the Platform, by email, or by posting notices on the Platform. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

24.6 Export Controls. You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce and sanctions programs maintained by OFAC.

24.7 Government Use. If you are a government entity, you acknowledge that the Platform and related documentation are “commercial items” as defined in 48 C.F.R. § 2.101, consisting of “commercial computer software” and “commercial computer software documentation.”

24.8 Electronic Signatures. You agree that your cryptographic wallet signature constitutes your electronic signature and manifests your intent to be bound by these Terms. Such signature shall have the same legal effect as a handwritten signature under applicable law, including the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN) and the Uniform Electronic Transactions Act (UETA). You further agree that any attestations, representations, or warranties made in connection with your wallet signature are binding and enforceable as if made in a signed written document.

User Acknowledgment

BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT:

You have read, understood, and agree to be bound by these Terms;
You are NOT a U.S. Person and are not located in any Prohibited Jurisdiction;
You understand the risks associated with Digital Assets and blockchain technology;
You are solely responsible for your own investment decisions and due diligence;
User-Generated Tokens and Protocol Rewards are NOT securities and are NOT intended to provide any expectation of profit;
The Platform is provided on a non-custodial basis and the Company does not control your Digital Assets;
You are waiving your right to participate in class actions and agree to resolve disputes through binding arbitration;
You are solely responsible for determining and fulfilling your tax obligations.