Effective Date: October 8th, 2024

These Terms of Use (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Fun.xyz (“Checkout“, “Fun”, “we”, “us”, or “our”), concerning your access to and use of the Fun website (https://fun.xyz/), as well as all web-hosted user interfaces, website sub-pages, software, applications, mobile websites, mobile applications, media, content, and channels related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

YOU MAY NOT USE OUR SITE OR SERVICES IF YOU ARE A CITIZEN OR RESIDENT OF THE UNITED STATES OF AMERICA. IN ADDITION, YOU MAY NOT USE OUR SITE OR SERVICES IF YOU: (A) ARE NOT THE OLDER OF (i) AT LEAST EIGHTEEN (18) YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT; (B) ARE A CITIZEN OR RESIDENT OF, OR LOCATED IN, ANY COUNTRY WHERE THE USE OF THE SITE IS ILLEGAL OR IMPERMISSIBLE OR WHICH WOULD SUBJECT US TO ANY REGISTRATION REQUIREMENT WITHIN SUCH JURISDICTION; OR (C) ARE OTHERWISE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE’S FUNCTIONALITIES BY THESE TERMS OR BY APPLICABLE LAW.

Supplemental terms and conditions or policies that may be posted on the Site from time to time, including but not limited to our Privacy Policy, are incorporated into these Terms by reference and you hereby agree to be bound by such supplemental terms and conditions or policies. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use and provide other forms of notice in our reasonable discretion. You agree that your use of the Site will be subject to the most current version of these Terms of Use at the time of such use.

You may contact us by emailing support@fun.xyz with any questions you have about these Terms, the Site, or our other services.

The Site connects you to a series of smart contracts that enable you to sell your tokens for USDC. The Site does not custody or exchange tokens on your behalf. Rather, by using the Site, you agree to sell your tokens for the price quoted to you.

The Fun Checkout process makes it easy for you to generate quotes for the purchase and sale of your tokens, and presents valuations of assets based on data available to it. You should compare those prices available to you and make your own decision about whether to accept any swap offer. The liquidity and marketability of tokens varies widely and Fun makes no guarantee that the prices presented to you are comparable to what would be available elsewhere. Any data that is presented on costs in the transaction, such as gas, liquidity, and market making costs, are for illustrative purposes only. You should evaluate the final offer and determine whether you want to enter the transaction for the price quoted. Once agreed, USDC (Polygon) is released into your wallet. Fun does not custody, transfer, or exchange any token or cryptocurrency on your behalf.

By using the Fun Checkout process, you acknowledge that you are using it “as is.” You also certify that you are not from a restricted jurisdiction. You agree that all representations you make and/or information you provide to interact with the Site are correct, current, and complete.

To use Fun, you must connect your cryptocurrency or token wallet (“Wallet”). You agree that you hold the private keys to your Wallet and understands the risks of compromise of those keys, including total loss of your crypto assets. You must immediately inform Fun of any suspected unauthorized use of the Site or unauthorized disclosure of account credentials. In the event your wallet credentials are compromised, you acknowledge and understand that all of your related crypto-assets may be compromised as well, and waive any and all responsibility of and liability against Fun related to any losses in any such event.

Except any open-source software or third-party material incorporated into the Site, Fun owns the Site, and all information about its use that does not allow for the identification of individuals. We may use any feedback you provide about the Site or Checkout without compensating you.

1. Checkout Tool. Aside from the limited license granted to you in these Terms, Fun retains all right, title and interest in the Checkout Tool, Documentation, and all Updates.
2. Usage Information. Fun owns all data regarding installation, account creation, and use of the Site, and related to Site performance, including response times, load averages, usage statistics, and activity logs, (collectively, “Usage Information”). Usage Information is used to monitor and improve the Site and to perform Fun’s obligations under this Agreement.
3. Marks. “Fun.xyz”, “Checkout”, and all related names, logos, product and service names, designs, and slogans are trademarks of Fun or its affiliates or licensors. You must not use such marks without the prior written permission of Fun; provided, however, you are hereby granted a limited, revocable, non-transferrable permission and license to use the term “Checkout” and any related names, logos (excluding the Checkout logo), product and service names, designs, and slogans in any way that does not breach these Terms and your obligations hereunder. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

Except as may be provided in these Terms, no right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Fun.

The Site may include content and materials provided by third parties (“Third-Party Content”), including (without limitation) materials provided by Fun contributors, bloggers, blockchain users, other decentralized applications, aggregators, and/or reporting services. The Site may also contain links (or you may be sent via the Site) to other websites (“Third-Party Websites”) or we may make services provided by third parties available through the Site as a convenience to our users. We do not investigate, monitor or check Third-Party Websites, Third-Party Content or Third-Party Services for accuracy, appropriateness or completeness, and our inclusion of such does not imply our approval or endorsement thereof. We are not responsible, or liable to you or any third party, for any Third-Party Websites, Third-Party Content or Third-Party Services made available or accessed through the Site. You understand that Third Party Websites and Third-Party Content may be protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You agree that you bear sole and absolute responsibility to evaluate and select any third-party functionality with which you interact via the Site. Your use of Third-Party Websites, Third-Party Content, and Third-Party Services is subject to the applicable terms of use set out by the relevant third-party.

We strive to keep the Site available at all times, but access may be suspended for maintenance, for protection from attacks or other threats, or due to events beyond our reasonable control. We protect the Site with robust physical, network, and data security measures. Online support for the Site is available through a live chat.

By using our Site, you agree to comply with these Terms and all applicable laws, and to provide information to Fun when requested on the Site. You agree that you will not:

1. Access or use the site for any purpose, whether illegal or legal, other than its intended use;
2. Engage with the Site through automated or non-human means, whether through a bot, script, or otherwise;
3. Circumvent or disable security features of the site, or attack the Site, any of the Site’s underlying blockchain networks or technologies, or any other functionality with which the Services interact whether by a Denial-of-Service attack or by uploading or transmitting viruses, spam, or other harmful material,
4. Introduce any material that is malicious or technologically harmful to the Site, its users, any underlying blockchain, or any of the Site’s related utilities or functionalities, or otherwise interfering with the proper functioning of the Site, the Site’s underlying blockchain, or associated networks;
5. Attempt to trick, defraud, manipulate, or mislead, and will not cause harm to, others, including any Blockchain Networks or the users thereof;
6. Impersonate or attempt to impersonate others or misrepresent affiliation;
7. Disparage or harm the reputation of the site or its owner;
8. Share illegal, harmful, fraudulent, or offensive content;
9. Use private information of third parties without consent;
10. Disclose confidential information without permission;
11. Attempt unauthorized access of the Site;
12. Encourage or induce others to engage in prohibited or illegal activities.

Any use of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Site.

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

You are responsible for any fees in connection with use of your digital wallet. Your full use and enjoyment of the Site may require you to pay transactional fees required by the underlying blockchain or distributed ledger service, by applicable Blockchain Networks (“Blockchain Fees”). You acknowledge that Fun has no control over Blockchain Fees, whether related to your use of the Site or otherwise, and you agree that in no event will Fun be responsible to you or any other part for the payment, repayment, refund, disbursement, indemnity, or for any other aspect of your use or transmission of Blockchain Fees.

By using the Site, you agree to be bound by our Privacy Policy posted on the Site. Please be advised that this Site is operated based on the laws of the British Virgin Islands (BVI). If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the BVI, then through your continued use of the Site, you are transferring your data to BVI, and you agree to have your data transferred to and processed in the BVI subject to applicable local laws and regulations.

These Terms shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, AT ANY TIME, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, LIMIT, DENY, OR TERMINATE YOUR ACCESS TO AND USE OF THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED. If we block your access to the Site for any reason, you are prohibited from circumventing it, even if you may be acting on behalf of the third party. We reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Blockchain Networks, DEXs, DeFi, crypto-assets, and their related technologies and functionalities are still emerging innovations that carry a relatively high amount of foreseeable and unforeseeable risk from security, financial, technical, political, social, and personal safety standpoints. You understand that crypto-assets may have no present or future value and are highly volatile in nature due to many diverse factors, including without limitation use and adoption, speculation, manipulation, technology, security, and legal and regulatory developments and application. Furthermore, the speed and cost of transacting with cryptographic technologies, such as blockchains, are variable and highly volatile. You understand that the transparent nature of many blockchains means that any interactions you have with a blockchain may be publicly visible and readable in human form.

You are expected to be familiar with Blockchain Networks and the risks they represent (including without limitation the possibility of your crypto-assets being forfeited or being lost for any other reason) before accessing Checkout (whether accessed via the Site or otherwise). The risks of depositing funds via Checkout are subject to the risks associated with the selected strategy and the risks associated with Blockchain Networks or underlying technologies, including vulnerability to hacking and risks of stablecoins losing their peg to the U.S. Dollar.

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR ANY THIRD-PARTY CONTENT AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR ACCESS TO AND USE OF SITE OR OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR AS A RESULT OF A THIRD PARTY’S INTERACTIONS WITH THE SITE, BLOCKCHAIN NETWORKS, OR THEIR UNDERLYING BLOCKCHAIN TECHNOLOGIES, INCLUDING ANY LOSS OR THEFT OF, OR INABILITY TO USE, ANY DIGITAL ASSETS. MOREOVER, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OR INTERACTION WITH BLOCKCHAIN NETWORKS IS AT YOUR OWN RISK AND FUN WAIVES ALL LIABILITY OR RESPONSIBILITY, AND MAKES NO WARRANTIES, RELATED TO BLOCKCHAIN NETWORKS, WHETHER OR NOT THESE ARE ACCESSED VIA OUR SITE.

1. No professional advice. The content and information presented on or through the Site is made available solely for informational purposes. and should not be construed as professional advice (including, without limitation, tax, legal, or financial advice). We recommend you conduct your own diligence and consult a professional advisor before making any decisions relating to our use of the information provided via the Site.
2. No fiduciary duty. These Terms are not intended to create any fiduciary duties between us and you or any third party. Fun never takes possession, custody, control, ownership, or management of your crypto-assets. To the fullest extent permissible by law, you agree that your use of the Site does not cause us or any other user to owe fiduciary duties or liabilities to your or any third party, and if any such duties or liabilities are afforded by law or by equity, they are hereby irrevocably disclaimed, waived, and eliminated to the fullest extent permissible by law.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, OR AGENTS (“FUN PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER OF LIABILITY EXTENDS TO ANY AND ALL DAMAGES CAUSED BY ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, THOSE CAUSED BY FRAUD, DECEIT, OR MANIPULATION) OR ANY FAILURE, EXPLOIT, OR VULNERABILITY OF THE SITE, YOUR WEB3 UTILITIES, OR THE UNDERLYING BLOCKCHAINS OR RELATED BLOCKCHAIN FUNCTIONALITIES. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAWS, THE AGGREGATE LIABILITY OF FUN IN CONNECTION WITH THESE TERMS OF USE AND THE SITE WILL NOT EXCEED THE AMOUNT OF ANY FEES YOU MAY PAY TO THE SITE.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; or (3) any breach of your representations and warranties set forth in these Terms of Use. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

You agree that any dispute under these Terms will be resolved under the laws and in the courts of the Cayman Islands.