Terms and Conditions

1. Introduction

These Terms and Conditions constitute a legally binding agreement governing the use of the finDeFi platform, encompassing its website, web applications and mobile applications (collectively referred to as the “Platform”). This document outlines the terms under which users may access and utilize the Platform’s services, which are designed to facilitate the automated buying and selling of crypto assets built on the Solana blockchain. By accessing or using the Platform, users expressly agree to be bound by these Terms and Conditions.

The Platform provides a service that allows users to automate trading strategies for crypto assets on the Solana network. Users will be required to log in to the Platform using their Phantom wallet credentials, thereby linking their wallet to the Platform. Once logged in, users can manage and customize the platform to execute trades on their behalf, based on parameters and strategies they define.

It is imperative that all users carefully read and understand these Terms and Conditions before utilizing the Platform’s services, as this document contains important information regarding their rights, obligations, and the inherent risks associated with crypto asset trading. These terms may be modified periodically, and continued use of the Platform signifies ongoing acceptance of any such revisions.

2. Acceptance of Terms

The act of accessing, browsing, or using any part of the Platform, including but not limited to creating an account (if applicable beyond Phantom wallet login) or utilizing the automated trading platform services, constitutes an explicit agreement to these Terms and Conditions by the user. This agreement is legally binding between the user and the provider of the Platform.

Users may be required to explicitly acknowledge their acceptance of these terms, such as by clicking an “I Agree” button during the login or registration process. This affirmative action further solidifies the contractual relationship.

If a user does not agree to all of the terms and conditions outlined herein, they are expressly prohibited from using the Platform and must immediately cease any access or use. The consistent requirement for users to agree to terms before accessing platform services across the crypto asset domain underscores the fundamental legal principle of establishing a clear contractual relationship, which is essential for managing liabilities and ensuring a secure trading environment, especially given the volatile nature of digital assets.

3. Eligibility and Account Registration

To be eligible to use the Platform, users must be at least 18 years of age or the legal age of majority in their jurisdiction, whichever is greater, and possess the legal capacity to enter into binding contracts.

The Platform’s services are accessed through the connection of a user’s Phantom wallet. While the Platform itself might not require a separate registration process beyond this wallet connection, users are responsible for ensuring their Phantom wallet account is secure and properly configured.

The Platform provider may, however, require users to provide certain information to comply with legal and regulatory obligations, such as Know Your Customer (KYC) and Anti-Money Laundering (AML) procedures. Users are solely responsible for maintaining the confidentiality and security of their Phantom wallet private keys and any other credentials associated with accessing the Platform.

The provider reserves the right to restrict access to the Platform in certain jurisdictions where the use of cryptocurrency trading platforms may be prohibited or restricted. The widespread practice of including eligibility criteria and emphasizing account security across cryptocurrency platforms highlights the importance of verifying user identity and ensuring responsible use of the services. The potential need for KYC/AML procedures stems from the regulatory landscape surrounding cryptocurrency transactions to prevent illicit activities. Users also undertake to notify the platform in the event of any changes to their contact details or other information that may be relevant to their use of the Platform.

4. Platform Services

The Platform offers services that enable users to automate the buying and selling of crypto assets on the Solana blockchain. Users can connect their Phantom wallet to the Platform to manage a customized trading platform. This platform can be configured by users to execute trades based on predefined parameters and trading strategies chosen by the user.

The Platform acts as a technology provider, offering tools for automated trading based on user-defined instructions, and explicitly does not function as a broker, financial advisor, or investment manager. All trading decisions are made solely by the user, and the Platform operates on an execution-only basis. The integration with Phantom wallet allows users to seamlessly interact with the Solana blockchain for trading activities.

It is crucial to understand that the Platform merely provides the technological infrastructure for automated trading and does not offer any advice or recommendations regarding specific crypto assets or trading strategies. The user bears the complete responsibility for the selection, configuration, and performance of their account on the trading platform. The consistent disclaimer of providing investment advice across cryptocurrency platforms underscores the legal necessity to clearly define the platform’s role as a technology enabler rather than a financial advisor, especially in the context of highly speculative assets like meme coins.

5. Risk Disclosure

Trading cryptocurrencies, and particularly meme coins, involves a high degree of risk, and users should be aware of the potential for significant financial loss. The value of cryptocurrencies is highly volatile and unpredictable, and meme coins are particularly susceptible to extreme price swings due to their speculative nature and reliance on social media sentiment rather than intrinsic value. Users should be prepared to potentially lose their entire investment.

The Platform does not guarantee any profits, and past performance is not indicative of future results. Users are exposed to the risk of market manipulation, including pump-and-dump schemes, which are prevalent in the meme coin market. Technical issues, such as platform downtime, connectivity problems, or errors in the trading platform’s programming, can also lead to losses. Furthermore, the integration with third-party services like Phantom wallet introduces additional risks related to the security and functionality of those services, which are beyond the Platform’s control. Cryptocurrency holdings are generally not insured by government schemes like the Federal Deposit Insurance Corporation (FDIC) or the Securities Investor Protection Corporation (SIPC). The overwhelming emphasis on risk disclosure in the cryptocurrency domain, especially for volatile assets like meme coins, highlights its critical importance for legal protection and informed user decision-making.

Key Risks Associated with Meme Coin Trading

Risk	Description
High Volatility	Meme coins experience rapid and unpredictable price fluctuations, often within short timeframes.
Lack of Intrinsic Value	Most meme coins lack fundamental utility or real-world applications, deriving their value primarily from community hype and speculation.
Susceptibility to Pump-and-Dump Schemes	These schemes involve artificially inflating a coin’s price through coordinated buying and misleading positive statements, followed by a large sell-off, leaving later investors with losses.
Potential for Scams and Rug Pulls	Developers of meme coins may abscond with investors’ funds after initial hype, known as a “rug pull.”
Market Manipulation	The decentralized nature of meme coins makes them vulnerable to manipulation by large holders or coordinated groups.
Limited Liquidity	Many meme coins have low trading volumes, making it difficult to buy or sell large amounts at desired prices.
Regulatory Uncertainty	The legal and regulatory landscape for meme coins is still evolving and may impact their market availability and value.
Risk of Losing Entire Investment	Due to the aforementioned risks, users could lose all the funds they allocate to trading meme coins.

6. User Responsibilities and Conduct

Users are solely responsible for their conduct while using the Platform and agree to comply with all applicable local, state, federal, and international laws and regulations related to cryptocurrency trading. This includes ensuring they are not involved in any illegal activities, such as money laundering, terrorist financing, or market manipulation.

Users are responsible for maintaining the security of their Phantom wallet and any Platform account credentials, and must not share their login information with others. Prohibited activities include, but are not limited to, engaging in fraudulent or deceptive practices, attempting to manipulate market prices, using the Platform for any unlawful purpose, and interfering with the Platform’s functionality or security.

Users must ensure that any information they provide to the Platform is accurate and up-to-date. Attempting to circumvent any security measures implemented by the Platform is strictly prohibited. The detailed list of prohibited trade practices found in some cryptocurrency platforms highlights the need for users to avoid strategies that exploit platform vulnerabilities or engage in manipulative tactics. Setting clear expectations for user behavior is crucial for maintaining a safe and compliant trading environment.

7. Intellectual Property

The Platform, its software, design, content, logos, and any other proprietary materials are the sole and exclusive intellectual property of the Platform provider. By agreeing to these Terms and Conditions, users are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform solely for its intended purpose of automated crypto asset trading. This license does not grant users any ownership rights to the Platform or its intellectual property.

Users are strictly prohibited from copying, modifying, distributing, reverse-engineering, decompiling, or creating derivative works based on the Platform’s software or content without the express written consent of the Platform provider. Any unauthorized use of the Platform’s intellectual property may result in immediate termination of access and potential legal action. Standard intellectual property clauses are essential to protect the platform provider’s ownership rights and prevent unauthorized exploitation of their technology and branding.

8. Data Privacy and Third-Party Wallet Integration (Phantom)

The Platform’s collection, use, and disclosure of user data are governed by a separate Privacy Policy, which users are strongly encouraged to review.

Users log in to the Platform using their Phantom wallet, which is a third-party service. Phantom wallet has its own terms of service and privacy policy that users must agree to in order to use it. The Platform provider does not have control over the user’s Phantom wallet, including its security measures or data handling practices. Users are responsible for understanding and agreeing to Phantom’s terms and privacy policy.

The Platform may collect certain non-personal information about users’ interactions with the Platform for analytical and improvement purposes. Any personal data collected by the Platform will be handled in accordance with its Privacy Policy. The Platform may display information about users’ on-chain activities and transactions that are publicly available on the blockchain or provided by Phantom.

The Platform provider disclaims any responsibility for the security, functionality, or data practices of third-party services like Phantom wallet. Given the integration with a third-party wallet, it is crucial to clearly define the responsibilities for user data between the Platform and the wallet provider. Users must be aware of and agree to the privacy policies of both entities.

9. Disclaimers and Limitation of Liability

The Platform is provided on an “as is” and “as available” basis without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. The Platform provider does not warrant that the Platform will be error-free, uninterrupted, or secure, or that any defects will be corrected.

To the maximum extent permitted by applicable law, the Platform provider shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to losses of profits, data, or goodwill, arising out of or in connection with the use or inability to use the Platform, even if the Platform provider has been advised of the possibility of such damages. This limitation of liability includes, but is not limited to, losses resulting from trading activities, technical failures, security breaches, or the actions or omissions of third parties, including Phantom wallet.

The Platform provider shall not be held liable for any delays or failures in processing transactions due to technical issues or network congestion on the Solana blockchain. The Platform provider is also excused from liability for any failure or delay in performance due to events beyond its reasonable control, such as natural disasters, acts of terrorism, cyberattacks, or changes in laws or regulations (force majeure). Robust disclaimers and limitations of liability are essential for mitigating the legal risks associated with operating a cryptocurrency trading platform.

10. Fees (If Applicable)

The Platform may charge fees for the use of certain services, such as transaction fees on trades executed by the trading platform or subscription fees for premium features. The fee structure, including the amount and method of calculation, will be clearly outlined on the Platform.

The Platform provider reserves the right to modify its fee structure at any time, and users will be notified of any such changes. Continued use of the Platform after the notification of fee changes constitutes acceptance of the new fees. Accepted payment methods for any applicable fees will be specified on the Platform. Transparency regarding fees is essential for maintaining user trust and avoiding disputes.

11. Termination and Suspension

Users may terminate their use of the Platform at any time by ceasing to access it. The Platform provider reserves the right to suspend or terminate a user’s access to the Platform at any time, with or without notice, for reasons including but not limited to violation of these Terms and Conditions, engagement in illegal or prohibited activities, security concerns, or at the Platform provider’s sole discretion.

Upon termination, the user’s right to access and use the Platform will immediately cease. Given the integration with Phantom wallet, any digital assets remain in the user’s control within their wallet and are not held by the Platform. Clearly defined termination and suspension procedures are necessary for the Platform provider to maintain control and address any potential issues.

12. Governing Law and Dispute Resolution

These Terms and Conditions shall be governed by and construed in accordance with the laws of. Any dispute arising out of or in connection with these Terms and Conditions, including any question regarding their existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts of. Users agree to waive any right they may have to a jury trial in connection with any such dispute, to the extent permitted by law. Choosing a governing law and establishing a clear dispute resolution process provides legal certainty for both the Platform provider and its users.

13. Modifications to Terms

The Platform provider reserves the right to modify these Terms and Conditions at any time, without prior notice. Any changes to these Terms will be posted on the Platform, and the date of the latest revision will be indicated at the top of this document. In some cases, users may be notified of significant changes through other means, such as email or in-app notifications. The user’s continued access to or use of the Platform after the effective date of any modifications constitutes their acceptance of the revised Terms and Conditions. If a user does not agree with the modified terms, they must cease using the Platform. A clear mechanism for modifying the terms is essential for the Platform provider to adapt to changes in the legal and technological landscape.

14. Contact Information

For any questions, concerns, or inquiries regarding these Terms and Conditions or the Platform’s services, users may contact the Platform provider at legal@findefi.io.