Terms of Service

1.1We develop, maintain and provide access to the Platform and the Services.

1.2By using the Platform or any of the Services you enter into a legally binding agreement with us. These Terms govern your use of the Platform and of all of the Services.

1.3You acknowledge that you must read these Terms, together with the documents referred to in them, carefully.

1.4Incorporated Documents. The following documents, as published on the Platform and updated from time to time in accordance with Section 20, are incorporated into and form part of these Terms (the “Incorporated Documents”):

1. a.the Privacy Policy published at stayd.fun/privacy; and
2. b.the fee schedule published at stayd.fun/fees (the “Fees Page”).

1.5Third-Party Services. The Services give you access to technology that is provided by third parties and that we do not control, including pump.fun, decentralised exchanges and liquidity venues, routing services, wallet infrastructure, bridging services, blockchain networks and data providers (“Third-Party Services”). Your use of a Third-Party Service is governed by the terms of its provider, which you are solely responsible for finding, reading and accepting. In particular, where you Launch, trade or Back a Coin that was created on pump.fun, the terms of use, the fee schedule and the rules published by pump.fun apply to that Coin, and you must read and accept them before you do so. We make no representation regarding any Third-Party Service, and anything done or not done by a Third-Party Service is not our responsibility.

1.6Restricted Features. Certain Services are not available to persons located, incorporated or resident in certain jurisdictions, or to certain other categories of person, as identified in these Terms or on the Platform (each such Service, a “Restricted Feature”). You must not access or use, or attempt to access or use, a Restricted Feature if you are a person to whom it is not available, and you must not assist any other person to do so. We may use location, network, device, Wallet, transaction and other signals to determine whether a Restricted Feature is available to you, and our determination is final.

2.1To be eligible to use the Platform and the Services you must:

1. a.be an individual, company or other legal person with the full power, authority and capacity to access and use the Platform and to enter into and comply with these Terms and, if you are an individual, be at least 18 years of age and of the legal age of majority in your jurisdiction;
2. b.if you act as an employee or representative of a legal entity, be duly authorised to bind that entity to these Terms;
3. c.not be located, incorporated or otherwise established in, resident of, or carrying on business in (i) a jurisdiction in which it would be unlawful under Applicable Law for you to access or use the Platform or the Services, or in which your doing so would cause us or any third party to contravene Applicable Law, or (ii) a Prohibited Jurisdiction; and
4. d.not be the subject of sanctions administered or enforced by the United States of America, the United Kingdom, the European Union or the United Nations, and not act for the benefit of any person who is.

2.2We may amend our eligibility criteria at any time at our sole discretion. Any such amendment is made in accordance with Section 20.

2.3Eligibility to use a Restricted Feature is in addition to, and not in place of, the criteria in Section 2.1. A person who is eligible to use the Platform generally may nonetheless be ineligible to use a Restricted Feature.

3.1Use of the Platform and the Services is provided at our absolute discretion. We reserve the right to refuse any use of, or to restrict your access to, the Platform and the Services for any reason, or for no reason, at any time.

3.2You must not post, upload or publish to the Platform any message that is abusive, defamatory, dishonest or obscene, that is intended to manipulate a market or to spread false or misleading information, or that otherwise contravenes Applicable Law.

3.3You must not post, upload or publish to any other platform or medium, in respect of any Coin that is created, traded or Backed through the Services, any message that is intended to manipulate a market, that spreads false or misleading information, or that otherwise contravenes Applicable Law.

3.4A breach of Section 3.2 or 3.3 may result in the termination of, or restrictions on, your access to the Platform and the Services.

4.1The fees for the use of the Services are set out on the Fees Page.

4.2You agree to pay all fees that apply to your use of the Services. You acknowledge and agree that fees are collected as part of each Transaction, and you authorise their deduction from the Digital Assets used in that Transaction. Any other sum that you owe us under these Terms is payable on demand.

4.3Third-party fees. Third-Party Services charge fees and impose costs of their own, which we do not set or control and of which, other than the Creator Fees described in Section 8, we receive no part. On a Coin created on pump.fun, the fees described in pump.fun’s own fee schedule apply in addition to ours, as do the fees of any liquidity venue through which a Transaction is routed and any difference between the expected and the actual price of a Transaction. These amounts may not be separately stated on the Platform, and you are solely responsible for them.

4.4Network costs. Blockchain network fees, and the cost of creating an account on a network, apply to Transactions. We may, at our discretion, bear some of these costs, and we may stop doing so at any time and without notice. Where they are charged to you they are deducted from the amount of the Transaction.

4.5Changing our fees. We may change our fees at any time by updating the Fees Page. A change takes effect when it is published. If you do not wish to accept a changed fee you must cease to use the Platform and the relevant Services; your continued use of them is deemed acceptance of the changed fee.

4.6Calculations. Any calculation made by us or by the Program in connection with your use of the Services, including any calculation of fees, Rewards, refunds, Levels or rankings, is final and binding on you in the absence of Manifest Error.

4.7Any fee or amount displayed on the Platform before or after a Transaction is an estimate. The amount actually applied is determined by the Transaction as it settles and may differ from the estimate, for example because of slippage, network conditions or rounding.

5.1The Wallet that is generated when you sign in to the Platform for the first time is provided by Privy, a third-party wallet infrastructure provider that is not affiliated with us, and remains the responsibility of Privy and of you. You are solely responsible for reading and understanding Privy’s terms as they relate to your Wallet.

5.2Your Wallet is non-custodial. We have no access to the private keys to your Wallet. By using the Services you authorise the Platform to prepare the Transactions that carry out your Instructions and to submit them for signature by your Wallet.

5.3You are solely responsible for safeguarding access to your Wallet, including the account or other credentials you use to sign in, and any private key or recovery phrase that you view or export. You accept the risks of viewing, exporting, storing or transmitting your keys or credentials, including loss, theft and unauthorised access.

5.4The Platform displays as “Cash” the balance of the USDC stablecoin held in your Wallet. Cash is your own Digital Asset, in your own Wallet. It is not a deposit with us, it is not held by us, and it earns no interest. USDC is issued by a third party and is subject to its issuer’s own terms, including any right of the issuer to freeze or restrict it.

5.5Deposits and withdrawals. A transfer of Digital Assets into or out of your Wallet, including from or to another network or another asset, may be carried out by third-party bridging and exchange services. It may be delayed or may fail, it is subject to those services’ own fees, limits and terms, and it cannot be reversed once submitted. You are solely responsible for the accuracy of any address and network that you provide, and we are not responsible for Digital Assets sent to an incorrect address, to an unsupported network or in a form that the Platform does not recognise.

5.6We are not responsible for the operation or the features of the Wallet, and we are not liable for any loss or damage incurred or suffered, directly or indirectly, as a result of its use.

6.1You must ensure that every Instruction you submit is complete and accurate. We are not required to verify the accuracy, authenticity or validity of any Instruction, and we will not monitor or reject Instructions on the basis that they are, or appear to be, duplicates. At our sole and absolute discretion we may refuse to act upon, or defer acting upon, any Instruction, or seek further information about it.

6.2You acknowledge and agree that Instructions are irrevocable. Once an Instruction has been submitted you have no right to rescind or withdraw it. An Instruction is not deemed to be received by us until it has been received by our server, and our record of all Instructions is conclusive and binding on you for all purposes.

6.3By submitting an Instruction you authorise the Platform to initiate the corresponding Transaction using your Wallet. If your Wallet holds insufficient Digital Assets to settle the Transaction and to pay all the fees associated with it, we may refuse to effect it. It is your responsibility to hold sufficient Digital Assets in your Wallet.

6.4We do not represent or warrant that any action you take on the Platform will be completed successfully or within any period of time. Transactions execute and settle automatically on third-party networks and venues, and a Transaction that has been confirmed is final and irreversible.

6.5Trades are executed on third-party venues, including pump.fun’s bonding curve and liquidity pools that are reached through routing services. The price at which a Transaction executes may differ, potentially materially, from any price displayed on the Platform, including as a result of slippage, price impact, market volatility, network congestion or the activity of other market participants. We do not represent or warrant that any Transaction will execute at the best available price or at the price displayed.

6.6You agree that we are permitted, but not required, to keep a record of all Transaction information related to your use of the Platform and the Services, for as long as it is required to fulfil its intended purpose or for any other period required by Applicable Law.

6.7Your activity on the Platform may be subject to limits that we determine from time to time at our sole discretion.

7.1The Platform enables you to create a Coin (a “Launch”). You are the creator of every Coin that you Launch. We do not review, select, verify or approve any Coin, its name, symbol, image or description, or its creator, and we are not responsible for any of them.

7.2A Launch is initiated and authorised solely by you. It is carried out by the Program: a Program-controlled launcher submits the Coin to pump.fun and, in the same step, sets the allocation of the Coin’s Creator Fees described in Section 8 and locks it. The launcher is used for that purpose alone. No person at Stayd Labs signs, reviews or approves an individual Launch.

7.3A Coin that is Launched through the Platform is a pump.fun coin. It is created, priced and traded by pump.fun’s smart contracts, which we do not operate or control. The terms of use, the fee schedule and the rules published by pump.fun apply to the Coin, including any process under which pump.fun may change the recipient of its creator fees, and you must read and accept them before you Launch. Anything done or not done by pump.fun or by its smart contracts is a matter for pump.fun and is not our responsibility.

7.4You pay the costs of a Launch that are shown on the Platform, including the network costs of creating the Coin and its accounts, and the cost of any first purchase of the Coin that you choose to make.

7.5In respect of every Coin that you Launch, you represent and warrant that:

1. a.you have enforceable rights to use, or have obtained all permissions necessary to use, its name, symbol, image and description, and none of them infringes the rights of, or impersonates, any person;
2. b.the Coin and its Launch comply with Applicable Law, and you alone are responsible for determining whether they do; and
3. c.you are not Launching the Coin in order to raise capital for, or to represent an ownership, creditor or investment interest in, any business or enterprise.

7.6A Launch may fail, in whole or in part, or be delayed, including as a result of network conditions or of a Third-Party Service. A Coin, once created, cannot be deleted or reversed.

7.7We may remove, hide or restrict any Coin on the Platform at any time and for any reason. A Coin that is removed from the Platform continues to exist on its network and on pump.fun, where it may continue to trade.

8.1A coin created on pump.fun may carry fees that pump.fun’s protocol collects on each transaction for the creator of the coin (“Creator Fees”). For a Coin that is Launched through the Platform, the Creator Fees are allocated, by the configuration that is set and locked at Launch, between a Program-controlled wallet for that Coin, for allocation as Rewards under Section 10, and the Foundation. No part of them is allocated to the person who Launched the Coin.

8.2Once it has been locked, that allocation cannot be changed by us or by the person who Launched the Coin.

8.3We make no representation or warranty regarding Creator Fees to you or to any creator of a Coin. Creator Fees depend on trading activity, on network conditions, on pump.fun’s smart contracts and on other Third-Party Services. We do not guarantee that Creator Fees will be successfully charged, collected, converted or distributed for any particular transaction, and we are not liable for any failure, delay or error in their collection or distribution.

8.4Creator Fees are received in the asset in which pump.fun’s protocol pays them, and may be converted by the Program into USDC through third-party venues, at the price then available and net of the costs of conversion.

8.5We do not control how any amount that is paid to you is ultimately used, shared or distributed. Any arrangement between you and any other person in respect of such an amount is strictly between you and that person.

8.6You are solely responsible for determining and fulfilling any tax obligation that arises from Creator Fees, from Rewards or from any other activity on the Platform, including the reporting and payment of income, capital gains, value added or similar taxes. We do not provide tax advice in any jurisdiction or for any purpose.

8.7You agree that you will use any amount you receive through the Services in compliance with Applicable Law, and that you will not use it to launder money, to finance terrorism or to engage in fraud or any other unlawful activity.

8.8If you make any public statement or publish any material about a Coin, including about its Creator Fees, its Rewards, its Rounds or its Level, you must ensure that the statement or material is accurate and not misleading. You must not state or suggest that Creator Fees or Rewards are guaranteed, fixed, periodic or assured, and you must disclose any financial interest that you have in the Coin where Applicable Law requires you to do so. We are not a party to, and do not police, your statements to your followers, users or investors, and you remain solely responsible for them.

9.1The Platform enables users to contribute Cash towards a Coin (“Backing”, and to “Back”). Backing takes place in rounds (each a “Round”), each of which has a target amount and a time limit that are displayed on the Platform. Rounds, their targets and time limits, and the conditions for taking part in them, are set by the Program and may change at any time.

9.2A Back is an Instruction. By submitting it you instruct the Program to receive the amount you specify (the “Backed Amount”) from your Wallet into the Program-controlled wallet for that Coin, and to apply it according to the outcome of the Round. A Back is irrevocable once it has been submitted: you cannot cancel it, withdraw it or reduce it while the Round is open.

9.3Where a Round is won. If a Round reaches its target within its time limit, the Program uses the Backed Amounts of that Round, less the fees set out on the Fees Page, to purchase the Coin on third-party venues, and burns the Coins purchased. Your Backed Amount is then spent. It is not returned to you, and you receive no Coin, no other Digital Asset and no right of any kind in exchange for it, other than the possibility of Rewards described in Section 10.

9.4Where a Round is not won. If a Round does not reach its target within its time limit, your Backed Amount becomes available for you to claim back through the Platform. When you claim it, the Program sends it to your Wallet, less any fees and network costs that apply.

9.5Backed Amounts are held by the Program, in the Program-controlled wallet for the relevant Coin, until they are applied under Section 9.3 or sent under Section 9.4. The Program operates in accordance with fixed rules, and no person at Stayd Labs decides how an individual Backed Amount is applied.

9.6Purchases and burns are carried out programmatically, over a period determined by the Program, at the prices then available on third-party venues. We do not guarantee the price at which any Coin is purchased, the number of Coins that are burned, or that the burning of Coins will have any effect on the price, the supply or the liquidity of a Coin.

9.7The “Level” of a Coin, and any stage, badge, rank or similar marker displayed on the Platform, records Rounds that were won and Rounds that were not. It is a feature of the Platform only. It has no monetary value, it confers no right on any person, and it may be changed, reset or removed at any time.

9.8Backing is not an investment, a deposit, a loan or a purchase. It does not give you any ownership, creditor, profit-sharing, voting or other interest in a Coin, in its creator, in the Program, in the Foundation or in us.

9.9The Program is software, depends on Third-Party Services that we do not control, and may be delayed, may fail or may operate incorrectly as a result. Where a Backed Amount is applied or sent in error, in an incorrect amount or to a Wallet that should not have received it, we may, but are not obliged to, correct the error, and you agree to return on request anything that you received in error.

9.10We may modify, pause, suspend or discontinue Backing, any Round or the Program at any time and without notice. Where a Round is ended before its outcome, Section 9.4 applies to it as if it had not reached its target.

10.1The Platform may allocate amounts to users who have Backed a Coin (“Rewards”). Rewards are funded solely from fees generated by transactions in that Coin, being the part of our fees, and the part of the Coin’s Creator Fees, that the Fees Page designates for Rewards. If there is no trading activity in a Coin, or insufficient fees are generated, no Rewards will accrue.

10.2Programmatic operation. The accrual, calculation and allocation of Rewards are carried out by the Program in accordance with the parameters published on the Platform from time to time (the “Reward Parameters”), which include who is eligible for an allocation, how an allocation is shared among eligible users, the minimum amount that may be claimed and the period within which Rewards must be claimed. No person at Stayd Labs calculates, reviews or approves an individual allocation.

10.3Claiming. Rewards allocated to you are displayed on the Platform as an amount that you may claim. They are paid only when you claim them, only once they reach the minimum set in the Reward Parameters (at the date of these Terms, US$10), and net of any fees and network costs that apply. Rewards that are not claimed within the period set in the Reward Parameters (at the date of these Terms, ninety (90) days from the date on which they were allocated) lapse, and will not be paid at a later date.

10.4RESERVED RIGHT NOT TO PAY. ALTHOUGH THE PROGRAM OPERATES PROGRAMMATICALLY, WE RESERVE THE RIGHT, AT OUR SOLE AND ABSOLUTE DISCRETION, TO PAUSE, SUSPEND, DELAY, REDUCE, WITHHOLD OR CANCEL REWARDS OR ANY PAYMENT OF THEM, IN WHOLE OR IN PART AND IN RESPECT OF ANY OR ALL COINS, USERS OR WALLETS, AT ANY TIME, FOR ANY REASON OR FOR NO REASON, WITHOUT NOTICE AND WITHOUT LIABILITY TO YOU OR TO ANY OTHER PERSON.

10.5Backing a Coin does not create any entitlement, right, claim or expectation to receive Rewards. No Rewards are owed to, earned by or vested in you unless and until they are actually delivered to your Wallet. Until they are delivered, amounts designated for Rewards are not held for your benefit or on your behalf, and they are not your property.

10.6Screening. We may subject any Wallet to sanctions, anti-money laundering and related compliance screening before, as part of or after any payment of Rewards, using automated tools, on-chain analysis and third-party providers, and we may exclude from any or all payments a Wallet that does not pass that screening, or that we determine or reasonably suspect to be connected with a sanctioned person, with a Prohibited Jurisdiction or with unlawful activity. Rewards that would otherwise have been attributable to an excluded Wallet are forfeited. We are not required to notify you that a Wallet has been excluded, to disclose the basis for that determination or to reconsider it.

10.7Other exclusions. We may also exclude from Rewards any user or Wallet that has engaged in Prohibited Use, has breached these Terms, is or has been subject to termination, suspension or restriction under Section 21, or has used multiple accounts or Wallets or otherwise structured Backs or Transactions in order to obtain Rewards, or where we reasonably suspect Improper Intent or Manifest Error.

10.8No guarantee; not income. Rewards do not guarantee any minimum or fixed rate of return, yield, income or recovery of any Backed Amount, fee or trading cost. The present availability of Rewards does not guarantee their future availability or level. Rewards are not interest, dividends, profit share, revenue share or any other form of guaranteed or periodic payment. The amount of Rewards that you receive, if any, depends on the volume of transactions in the Coin, on your share relative to other eligible users, on the Reward Parameters and on rounding, and it may be zero.

10.9Errors. Where Rewards are allocated or paid in error, in an incorrect amount or to a Wallet that should not have received them, we may, but are not obliged to, correct the error. You agree to return on request any Rewards that you received in error, and you authorise us to set off any amount overpaid in accordance with Section 32.13.

10.10Changes and discontinuance. We may change the Reward Parameters, and may modify, suspend or discontinue Rewards for any or all Coins, at any time and without notice.

11.1We may offer a referral programme, the details of which are published on the Platform. We may modify or cancel the referral programme at any time, with or without notice.

11.2Any amount payable under the referral programme is calculated by the Program and paid at our sole discretion. Such amounts are treated as Rewards for the purposes of Sections 10.3 to 10.10, which apply to them accordingly.

11.3You must not refer yourself, refer an account that you own or control, or otherwise engage in self-referral. Self-referral includes creating multiple accounts in order to obtain referral benefits, referring an account over which you exercise direct or indirect control, and coordinating with others in order to generate referral benefits artificially. Whether any activity is self-referral or referral manipulation is determined by us at our sole discretion.

11.4We reserve the right, at our sole discretion, to void, reverse, claw back or withhold any referral benefit that was obtained through self-referral, manipulation or fraud, or through any conduct that we determine to be inconsistent with the intended purpose of the referral programme.

11.5Where there is a dispute about any amount under the referral programme, we will review it and make a decision at our sole discretion, and you agree to be bound by that decision.

12.1A “Drop” is a gift of Cash that a user (a “Giver”) or the Foundation makes available to be claimed by eligible new users of the Platform.

12.2A Giver’s Drop is funded from the Giver’s own Wallet into a Program-controlled wallet for that Drop, from which the Program pays each gift that is claimed. Creating a Drop is an Instruction, and a gift that has been claimed is final. Any amount that has not been claimed when the Drop closes is sent back to the Giver’s Wallet, less any fees and network costs that apply.

12.3The conditions for claiming a Drop are determined by us and may change at any time. They may include the age and prior activity of your account, device, network and other signals, the linking of a social media account to your account, and the publication of a post from that social media account. Where a post is required, you instruct the Platform to publish it from your linked account when you claim, and you confirm that you are entitled to give that instruction.

12.4We may refuse any claim to a Drop, at our sole discretion and without giving a reason. A person may claim one Drop only. You must not use multiple accounts, devices, networks or identities, or any automated means, in order to claim a Drop to which you would not otherwise be entitled.

12.5A Drop is a gift. It is not a payment for any service, and it creates no obligation on a Giver, on the Foundation or on us to make any further gift. Drops may be modified, paused or discontinued at any time and without notice.

12.6The STAYD Foundation (the “Foundation”) is a programme operated by Stayd Labs. It receives the part of Creator Fees allocated to it under Section 8 and any other amount that these Terms or the Fees Page direct to it. We may use, hold or apply any amount received by the Foundation for any purpose, at any time and at our sole discretion, including Drops and other initiatives. No person has any right to, or interest in, any amount received by the Foundation, and nothing obliges the Foundation to make any Drop.

13.1The Platform may enable users to publish calls, theses and similar content about Coins. That content is User Material. It is the opinion of the user who published it, it is not advice, and it is not reviewed or endorsed by us.

13.2The Platform may display leaderboards, rankings, profit and loss figures, statistics about calls, points, badges, crowns and other indicators of performance or status (together, “Metrics”). You agree not to manipulate, game or artificially inflate any Metric by any means, including selective transfers between Wallets, wash trading, coordinated activity with other accounts, or the exploitation of any technical feature of the Services.

13.3We reserve the right, at our sole discretion and without prior notice, to disqualify, adjust, reverse or void any Metric that we determine was obtained through manipulation; to recalculate or reset any Metric at any time; to modify the method by which any Metric is calculated; and to void or claw back any reward, prize, recognition or other benefit associated with a manipulated Metric.

13.4Points and similar indicators have no monetary value. They are not transferable, they cannot be exchanged for money or for any Digital Asset unless we expressly say so, and they may expire, be reset or be withdrawn at any time.

14.1Your username, display name, biography, profile picture, banner and any other content that identifies your account (together, “Account Content”) are licensed to you by us on a revocable, non-exclusive and non-transferable basis. You do not own your username, and no property right, goodwill or other interest accrues to you by reason of your choice or use of it.

14.2We reserve the right, at our sole discretion and without prior notice or liability, to reclaim, reassign, rename or otherwise modify any Account Content for any reason, including inactivity, impersonation, infringement of the rights of a third party or offensive material; to remove, edit or require the modification of any Account Content; and to suspend or terminate any account that breaches this Section.

14.3You may not sell, offer for sale, trade, transfer, license or otherwise commercialise or assign your account, your username or any Account Content to any third party, for any consideration. Any attempted transfer in breach of this Section is void.

14.4A verification mark or similar marker displayed on an account or on a Coin indicates only that a step offered on the Platform was completed. It is not an endorsement, a recommendation or a representation by us as to any person or any Coin, and it may be removed at any time.

15.1As between you and us, you retain ownership of the intellectual property rights in your User Materials. You grant to us a perpetual, irrevocable, royalty-free, worldwide, non-exclusive and sub-licensable licence to use, host, store, reproduce, display, distribute and make available your User Materials to the extent necessary to provide you and other users with access to the Platform and the Services, and to operate, promote and improve them.

15.2You agree not to post, upload, transmit or otherwise make available through the Services any User Material that:

1. a.is obscene, pornographic or sexually explicit, or depicts a minor;
2. b.is harassing, threatening, intimidating or abusive towards any individual or group;
3. c.promotes hatred, discrimination or violence on the basis of any protected characteristic;
4. d.impersonates any person or entity, or falsely states or misrepresents your affiliation with any person or entity;
5. e.contains the personal or confidential information of another person without that person’s consent;
6. f.is fraudulent, deceptive or misleading, or is intended to manipulate the market for any Digital Asset;
7. g.infringes any intellectual property right or other right of any person; or
8. h.is otherwise objectionable, as determined by us at our sole discretion.

15.3We reserve the right, but are not obliged, to monitor, review and moderate any User Material. We may, at our sole and absolute discretion and without prior notice, remove, modify or reject any User Material for any reason, issue a warning, and suspend or terminate your access to the Platform and the Services. We are not liable for any action taken or not taken in respect of any User Material or of the conduct of any user.

15.4The Platform may enable the creator of a Coin, and persons whom the creator appoints, to remove messages from the room of that Coin. They act for themselves and not for us, and we are not responsible for what they remove or do not remove.

15.5You agree and acknowledge that we are not responsible for any User Materials, whether provided by you or by third parties, including any Coin, and that the use of, or reliance on, any User Material is at your own risk.

15.6If you provide us with feedback, suggestions or ideas about the Services, you agree that we may use them without restriction and without any obligation to you.

16.1The Platform may offer features for a price that is displayed on the Platform (“Paid Features”). Unless the Platform expressly states otherwise, payment for a Paid Feature is due in advance and is not refundable.

16.2A Paid Feature is not an endorsement of any user or of any Coin. We may refuse, suspend or withdraw any Paid Feature at any time.

17.1You understand and agree that neither your relationship with us, nor any service we provide to you, nor any other matter, gives rise to any duty on our part, whether legal, equitable or fiduciary in nature, save as is expressly set out in these Terms. In particular, we may act in more than one capacity, and we may receive fees from more than one user, including you.

17.2You understand that we, our personnel and our affiliates may hold, trade, Launch or Back Digital Assets, including through the Platform. We are under no obligation to disclose any such activity.

17.3You acknowledge that we may receive general market information in the course of providing the Services, which we may use in the ordinary course of our business, and that we are not required to disclose any such information to you or to use it for your benefit.

18.1You are responsible for taking appropriate action to protect your hardware and your data from viruses and malicious software. We are not responsible for any claim or loss that results from your failure to do so.

18.2At all times you must maintain adequate security and control of all of the information that is used to access the Platform and the Services. Under no circumstances will we ask you to share the private keys to your Wallet, a seed or recovery phrase, your sign-in credentials or a one-time code. You should never disclose these if you are asked.

18.3You should monitor your activity on the Platform so that any unauthorised or suspicious activity is identified. You agree to notify us as soon as possible of any suspected Security Breach, to keep us provided with accurate and up-to-date information for as long as it continues, and to take any other step that we may reasonably require to reduce, manage or report it.

18.4You acknowledge that a Security Breach may result in unauthorised access to your Wallet by third parties and in the loss or theft of any Digital Assets in your Wallet.

19.1Our collection, use, storage, disclosure and other processing of personal data in connection with these Terms, with your access to the Platform and with your use of the Services is governed by our Privacy Policy, which forms part of these Terms.

19.2Such processing may include, where applicable, the processing that is necessary to provide the Services, to authenticate users, to maintain the security of the Platform, to prevent fraud and market abuse, to carry out compliance screening of Wallets, to comply with Applicable Law, to enforce these Terms, to moderate User Materials and to determine your location for the purpose of applying jurisdictional restrictions.

19.3You acknowledge that your personal data may be transferred to, stored in and processed in jurisdictions other than your own, and that information recorded on a public blockchain cannot be erased or altered by us.

20.1We may amend these Terms and any Incorporated Document at any time and at our sole discretion. An amendment takes effect when the amended version is published on the Platform, and the “Last updated” date at the top of these Terms shows when that was. You acknowledge and agree that you are required to check these Terms periodically so that you are aware of any and all changes.

20.2If you do not wish to accept these Terms or any amended Terms, you must cease to use the Platform and the Services. Your continued access to or use of the Platform and the Services after an amendment has been published is deemed acceptance of the amended Terms.

20.3An amendment to Section 30 does not apply to a Dispute of which we had actual notice before the amendment was published.

21.1We may at any time modify or discontinue, temporarily or permanently, any part or feature of the Platform or the Services. In particular we may refuse to complete, block, cancel or, where it is possible and permitted by Applicable Law, reverse any action you have undertaken; terminate, suspend or restrict your access to any or all of the Platform and the Services; and take whatever other action we consider necessary, in each case with immediate effect and for any reason, including where:

1. a.you are not, or are no longer, eligible to use the Platform, the Services or a Restricted Feature;
2. b.we reasonably suspect that the person using your account is not you, or that you have used or will use the Platform or the Services for any unlawful, fraudulent or unauthorised purpose;
3. c.we reasonably suspect that information you have provided is wrong, untruthful, outdated or incomplete;
4. d.we reasonably consider that we are required to do so by Applicable Law or by any court or authority;
5. e.we reasonably suspect linked accounts or Wallets, coordinated activity, impersonation or any other conduct that presents an elevated fraud, sanctions, legal or integrity risk;
6. f.your use is the subject of any pending, ongoing or threatened litigation or regulatory proceedings;
7. g.you have taken any action that may circumvent our controls; or
8. h.there is any other valid reason for which we need to do so.

21.2You acknowledge and agree that the examples set out above are not exhaustive, and that our decision to terminate, suspend or restrict access may be based on confidential criteria that are essential to our risk management and security. We are under no obligation to disclose those criteria to you.

21.3Where we terminate, suspend or restrict your access:

1. a.any Instruction of yours that is open may be closed or cancelled by you or by us, depending on the circumstances;
2. b.any unpaid fees and costs remain payable by you on demand;
3. c.any Rewards and referral benefits allocated to you that have not been paid are forfeited; and
4. d.any Backed Amount of yours remains subject to Section 9 and, where it becomes available to be claimed under Section 9.4, may be sent to your Wallet, less any fees and network costs that apply, unless we are prevented from doing so by Applicable Law.

21.4If we are informed, and reasonably believe, that any Digital Assets in your Wallet are stolen or are not lawfully possessed by you, we may, but are not obliged to, terminate your use of the Platform and the Services. Except where required by law, we will not become involved in any dispute relating to such assets or their origin.

22.1The Platform and the Services, and all of their content, features and functionality, other than User Materials, are owned by us or by our licensors and are protected by intellectual property laws. At no point do users of the Platform obtain any right in them unless these Terms expressly provide otherwise.

22.2We grant to you a non-exclusive, non-transferable and revocable licence, for the duration of these Terms or until we suspend or terminate your use of the Platform, whichever is sooner, to use the Platform and the Services for your own personal use and in accordance with these Terms.

22.3Our name, our logos and all related names, designs and slogans are our trade marks. You must not use them without our prior written permission, or in any manner that suggests an association with, or endorsement by, us.

By using the Platform and the Services, including by carrying out any Transaction, and without prejudice to any other restriction or limitation set out in these Terms, you agree that you will not:

1. a.breach these Terms or any agreement entered into pursuant to, or in connection with, these Terms;
2. b.use the Platform or the Services to execute Transactions for, or to hold or manage Digital Assets for, any other person as that person’s broker, custodian or manager, or resell or otherwise commercially exploit access to the Platform or the Services, unless we have expressly agreed to it in writing;
3. c.use the Platform or the Services for anything which, in our sole opinion, is conduct designed to control or artificially affect the price of any Digital Asset, including pump and dump schemes, wash trading, self-trading, spoofing and layering;
4. d.engage in fraudulent activity, or cause us to suspect that you have engaged in fraudulent activity;
5. e.use the Platform or the Services in a manner that results in, or may result in, complaints, disputes, claims, reversals, fees, fines, penalties or other liability to us, to other users or to third parties;
6. f.provide false, inaccurate or misleading information in connection with your use of the Platform or the Services, in communications with us or otherwise in connection with these Terms;
7. g.use any bot, crawler, scraper, script or other automated means to create accounts, to submit Instructions, to post content or to access, obtain, copy or monitor any part of the Platform or the Services, except as we expressly permit;
8. h.attempt to access any part or function of the Platform or the Services without authorisation, probe, scan or test their vulnerability, or breach any of their security or authentication measures;
9. i.track, or seek to track, any information about any other user of or visitor to the Platform;
10. j.take any action that imposes an unreasonable or disproportionately large load on the Platform or on any system or network connected to it, or use any device, software or routine to interfere with its normal operation or with any other person’s use of it;
11. k.forge headers, impersonate any person or otherwise manipulate identifiers in order to disguise your identity or the origin of anything you send to us;
12. l.modify, adapt, disassemble, decompile or reverse-engineer the Platform or the Services or any component of them, or combine or incorporate them into another programme or application;
13. m.copy, reproduce, distribute, publish, sell, license or create derivative works from any part of the Platform or the Services, or remove or alter any proprietary notice on them;
14. n.transmit or facilitate any virus, Trojan horse, worm or other code that may damage, interfere with, intercept or expropriate any system, data or information;
15. o.violate, or attempt to violate, any Applicable Law, or the intellectual property rights or the rights of publicity or privacy of us or of any third party;
16. p.access or use, or attempt to access or use, the Platform or the Services directly or indirectly from, or for the benefit of any person located, incorporated or resident in, a Prohibited Jurisdiction, or while you or any person for whose benefit you act is the subject of sanctions administered or enforced by the United States of America, the United Kingdom, the European Union or the United Nations;
17. q.use a VPN, a proxy, location spoofing, a false or borrowed identity, linked accounts or any other technical means to evade jurisdictional, sanctions, fraud or integrity controls;
18. r.engage in any conduct outside the Platform, including through social media, messaging applications or synthetic media, that is reasonably intended to manipulate, misrepresent or artificially affect the market for any Coin that is created, traded, Backed or discussed through the Services;
19. s.create, distribute or use deceptive synthetic media, including any image, video, voice or likeness generated by artificial intelligence, falsely to imply endorsement, affiliation, authorship or market intent;
20. t.use the Platform, the Services or any Coin in connection with any capital raise, pooled investment scheme, profit-sharing arrangement or revenue participation right, or with any other activity that is intended to represent an ownership, creditor or investment interest in a business or enterprise, provided that Backing a Coin and receiving Rewards in accordance with these Terms does not, by itself, breach this paragraph;
21. u.create, use or control multiple accounts or Wallets, split or structure Backs or Transactions, generate Transactions without genuine economic purpose, or otherwise manipulate any balance or record, in order to obtain Rewards, referral benefits, Drops or Metrics to which you would not otherwise be entitled;
22. v.sell, transfer or otherwise commercialise your account, your username or any Account Content;
23. w.access or use a Restricted Feature if you are a person to whom it is not available, or use any technical or other means to circumvent any restriction that we apply to it; or
24. x.encourage, assist or enable any other person to do any of the foregoing.

You represent and warrant to us, at all times, that:

1. a.all of your decisions in connection with these Terms and the Services were and will be made solely and exclusively on the basis of your own judgement;
2. b.you have full power, authority and capacity to access and use the Platform and the Services and to enter into and perform your obligations under these Terms;
3. c.you have independently assessed every Coin that you trade, Launch or Back, and you are using no more of your financial resources than is prudent and reasonable;
4. d.the Digital Assets that you use on the Platform are lawfully yours and do not derive from, and are not connected with, any unlawful source;
5. e.you have enforceable rights to use, or have obtained all permissions necessary to use, all User Materials that you make available;
6. f.you are not located, incorporated or resident in a Prohibited Jurisdiction, and you are not the subject of any sanctions referred to in Section 2.1;
7. g.these Terms constitute valid and legally binding obligations that are enforceable against you; and
8. h.your access to and use of the Platform and the Services will not breach any agreement to which you are a party, or cause any person to breach any Applicable Law.

25.1The Platform and the Services are provided on an “as is” and “as available” basis, without any representation or warranty, whether express or implied, to the maximum extent permitted by Applicable Law. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

25.2We do not warrant that access to the Platform or the Services will be continuous, uninterrupted, timely or free of errors. Delays, interruptions and failures of time-sensitive Transactions may occur.

25.3The Platform displays data, prices, charts, market capitalisations, holder counts, statistics and other information that is obtained from third-party sources or calculated from them (“Third-Party Data”). Third-Party Data is provided for information only and may be incomplete, inaccurate, delayed or unavailable. We do not verify, audit or guarantee it, any reliance on it is at your sole risk, and we have no responsibility or liability for any loss that arises from your use of, or reliance on, it.

25.4Links to third-party websites and services may be provided as a convenience. They are not controlled by us, and we are not responsible for any aspect of their content or services.

25.5You are responsible for obtaining the network access and the compatible hardware that are necessary to use the Platform and the Services. We do not guarantee that the Platform or any part of it will function on any particular hardware or device.

26.1WE ARE NOT A BROKER, DEALER, EXCHANGE, TRADING FACILITY, CUSTODIAN, INVESTMENT ADVISER, FUND MANAGER OR FIDUCIARY, AND WE ARE NOT LICENSED OR AUTHORISED BY ANY REGULATORY AUTHORITY TO ACT AS ONE. NOTHING ON THE PLATFORM, IN THE SERVICES OR IN THESE TERMS IS AN OFFER TO SELL, A SOLICITATION OF AN OFFER TO BUY, OR A RECOMMENDATION OF, ANY SECURITY OR OTHER REGULATED FINANCIAL INSTRUMENT IN ANY JURISDICTION. THE PLATFORM IS SOFTWARE THAT ENABLES YOU TO INTERACT, USING YOUR OWN WALLET, WITH THIRD-PARTY PROTOCOLS AND WITH THE PROGRAM. ALL TRANSACTIONS ARE INITIATED AND AUTHORISED SOLELY BY YOU. IF YOU REQUIRE A REGULATED INTERMEDIARY, YOU MUST OBTAIN ONE INDEPENDENTLY.

26.2We do not provide financial, investment, tax, legal or other advice. No communication or information that we provide, and no User Material, is intended to be, or should be construed as, advice of any kind.

27.1You undertake and agree to indemnify us, our affiliates and our and their personnel, and to hold each of them harmless upon demand, from and against any claims, suits, actions, demands, disputes, allegations or investigations brought by any person, including any third party, governmental authority or industry body, and all liabilities, damages, losses, costs and expenses, including interest, penalties and reasonable legal and other professional fees (“Losses”), arising out of or in any way connected with:

1. a.your access to or use of the Platform and the Services;
2. b.your breach or alleged breach of these Terms;
3. c.your contravention of any Applicable Law;
4. d.any Coin that you Launch, any User Material that you make available and any statement that you make about a Coin; and
5. e.your violation of the rights of any third party.

27.2You irrevocably and unconditionally agree to release us from any and all claims and demands, and you waive any rights that you may have now or in the future, arising directly or indirectly out of the acts or omissions of another user or of a third party with whom you have a dispute that is connected in any way with the Platform, the Services or these Terms.

28.1We are not responsible for any loss suffered by you or by any third party, except where that loss arises solely and directly from our own wilful misconduct or actual fraud. We are not liable for any loss relating to any Coin.

28.2Our total aggregate liability to you arising out of or in connection with these Terms, the Platform and the Services, whether in contract, in tort (including negligence), for breach of statutory duty or otherwise, will not exceed the greater of (a) the amount of the fees you paid to us in respect of the Transaction giving rise to the Claim and (b) one hundred United States dollars (US$100).

28.3Notwithstanding any other provision of these Terms, you acknowledge and agree that in no event will we be responsible or liable to you or to any other person for any direct or indirect loss, damage or cost arising out of or in connection with:

1. a.the operation, the functionality, the security or the availability of any Third-Party Service, including pump.fun, any liquidity venue, any routing or bridging service, any wallet provider and any blockchain network;
2. b.any action or inaction in accordance with these Terms;
3. c.any inaccuracy, defect, omission, delay or interruption in any price or other Third-Party Data;
4. d.any maintenance of the Platform, and any interruption or change that results from it;
5. e.the acts, omissions or breaches of other users, and any damage caused by other users or by third parties, including fraud and scams;
6. f.any virus, malware, phishing, spoofing or other attack, any failure of or damage to your hardware, and any breach of the security of your Wallet, your sign-in credentials, your accounts or your devices;
7. g.any termination, suspension or restriction of access to the Platform or the Services;
8. h.the failure of any Transaction, the time needed to complete it, or the price at which it executes;
9. i.our refusal or delay in acting upon any Instruction;
10. j.any Coin, including its Launch, its removal from the Platform, its value and its liquidity;
11. k.any Round, any purchase or burn of Coins, any Level, and any Backed Amount that is applied or sent in accordance with Section 9;
12. l.any Rewards, Creator Fees, referral benefit, Drop or Metric, including any decision to delay, reduce, withhold, suspend or cancel any of them, any screening or exclusion, any change to the Reward Parameters, and any error, failure or delay in the Program or in the infrastructure on which it relies;
13. m.any User Material, and any decision, or failure to decide, about its moderation;
14. n.any loss of business, profits, anticipated savings or opportunities, and any special, punitive, aggravated, incidental, indirect or consequential loss or damage; and
15. o.any Manifest Error, any extreme market volatility, and any cancellation or amendment of a Transaction, even if we were aware of the possibility of the loss or it was reasonably foreseeable.

28.4We are not liable for malware, phishing or spoofing attacks. You are responsible for protecting the credentials that give access to your Wallet and your devices.

28.5Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under Applicable Law, including liability for fraud or fraudulent misrepresentation, or for death or personal injury caused by negligence. If Applicable Law gives you, as a consumer, rights that cannot be excluded or limited by contract, those rights are not affected by these Terms, and the exclusions and limitations in Sections 25, 27 and 28 apply only to the extent permitted by that law.

Save where Applicable Law requires or provides you with a choice otherwise, these Terms, including the arbitration agreement in Section 30, are governed by, and are to be construed in accordance with, the laws of the British Virgin Islands.

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

30.1Binding arbitration. Except for a Dispute in which either party seeks injunctive or other equitable relief to protect its intellectual property rights or to prevent unauthorised access to or misuse of the Platform, you and we each waive the right to have a Dispute decided in court or before a jury. All Disputes must be resolved by binding arbitration in accordance with this Section 30.

30.2Informal resolution first. Before commencing arbitration, the party raising a Dispute must give the other party written notice that describes the Dispute and the relief sought (a “Dispute Notice”). A Dispute Notice to us must be sent to the address in Section 31.1; we will send a Dispute Notice to you using the details referred to in Section 31.2. The parties agree to engage in a good faith informal resolution process, including at least one conversation by telephone or video, for a period of sixty (60) days from receipt of the Dispute Notice before either party may commence arbitration.

30.3Arbitration process. The arbitration will be seated in Tortola, British Virgin Islands, will be conducted under the BVI Arbitration Act 2013, and will be administered by the BVI International Arbitration Centre in accordance with its Arbitration Rules in force at the time the request for arbitration is filed. A single arbitrator with relevant experience will be appointed in accordance with those rules. The language of the arbitration is English. The arbitration is private and confidential, unless disclosure is required by law.

30.4No class actions; jury waiver. All Disputes must be brought individually. Class arbitrations, class actions and representative actions are prohibited. To the extent permitted by Applicable Law, you and we each waive any right to a trial by jury.

30.5Arbitrations may be consolidated where appropriate, such as where they share common facts or legal issues. Where twenty-five (25) or more similar claims are brought, they will be heard in batches: selected test cases will be arbitrated first, followed by mediation of the remaining claims, and any claims that are not resolved will return to arbitration in batches.

30.6If any part of this Section 30 is found to be unenforceable, the rest of it continues to apply, except that if the prohibition on class and representative proceedings in Section 30.4 is found to be unenforceable in respect of a particular Dispute, this Section 30 does not apply to that Dispute, which will instead be resolved in the courts of the British Virgin Islands.

30.7The arbitrator has exclusive authority to determine the scope, the validity and the arbitrability of any Dispute. This Section 30 survives the termination of these Terms.

30.8Time limit for claims. To the extent permitted by Applicable Law, any Claim must be commenced by filing a request for arbitration under Section 30.3, or, where Section 30.1 permits, by commencing court proceedings, within one (1) year after the date on which the facts giving rise to the Claim first arose, failing which the Claim is permanently barred. That period is suspended while the informal resolution process in Section 30.2 is in progress.

30.9Opt-out. You may opt out of the agreement to arbitrate in this Section 30 by sending written notice to the address in Section 31.1 within thirty (30) days after the date on which you first accept these Terms, identifying your account and stating that you wish to opt out of arbitration. If you opt out, Section 30.4 continues to apply to the extent permitted by Applicable Law, and any Dispute will be resolved exclusively in the courts of the British Virgin Islands.

31.1If you have questions, feedback or complaints, you can contact us at support@stayd.fun. Formal legal notices to us, including a Dispute Notice under Section 30.2, must be sent by email to the same address and marked “Legal notice”.

31.2Where necessary, and in accordance with our Privacy Policy, we will contact you using the details that you have provided to us or that are associated with your account, including by a notice within the Platform.

32.1You must comply with all Applicable Law, licensing requirements and third-party rights, including data protection and anti-money laundering laws.

32.2We may give notice to you electronically, including through the Platform. You must give notice to us as directed in these Terms.

32.3Official announcements are made on the Platform and from our official social media account.

32.4These Terms, together with the Incorporated Documents, constitute the whole agreement between you and us in relation to the Platform and the Services.

32.5You may not assign your rights under these Terms without our prior written consent. We may assign ours freely.

32.6If any provision of these Terms is found to be invalid, the remainder of the Terms remains in effect.

32.7In the case of any conflict, the English version of these Terms prevails over any translation.

32.8These Terms do not create rights for any third party.

32.9Provisions that by their nature survive termination remain binding after these Terms end.

32.10These Terms do not establish a partnership, a joint venture or an agency relationship between you and us.

32.11We are not liable for any delay or failure to perform that is due to a Force Majeure Event.

32.12No delay or omission in enforcing a right is a waiver of that right or of its future enforcement.

32.13We may set off any amount that you owe us against any amount that would otherwise be paid to you. You must pay what you owe free from any deduction or counterclaim.

32.14If you receive another user’s information, you must keep it confidential and use it only lawfully.

32.15If you breach these Terms, we may disclose the breach and related information where we consider that the safety of users requires it.

32.16You are responsible for determining and paying all taxes that apply to your use of the Platform and the Services.

33.1Section headings and numbering are for convenience only and do not affect the meaning or interpretation of these Terms.

33.2“Include” and “including” mean without limitation.

33.3Any obligation not to do something includes an obligation not to permit it to be done.

33.4Words in the singular include the plural and the other way round.

33.5A reference to a document includes that document as varied or amended from time to time.

33.6In case of inconsistency:

1. a.in relation to the collection, use and other processing of personal data, the Privacy Policy prevails over these Terms; and
2. b.in all other cases, these Terms prevail over the Incorporated Documents and over any other document referred to in them.

33.7Capitalised terms have the meanings given to them in these Terms, including in the list that follows, unless the context requires otherwise.