Terms of Use

TERMS OF USE

These Terms of Use (the “Terms”) govern the User’s (“User” “you” “your”) access to and use of the services, which include, but are not limited to, Telegram bots, channels, groups and any application (hereinafter referred to as “Services”) that are created and distributed by PlonkBot. (hereinafter referred to as the “Company”) when accessed via computer or any other electronic mobile device.

1. ACCEPTANCE OF AGREEMENT

These Terms of Service outline the legally binding rules and conditions that apply to your use of our services, including any associated tools, web and mobile apps, smart contracts, and APIs offered through our platform. This includes any current or future websites or applications operated by us (collectively referred to as the “Platform”). By accessing or using the Platform for any reason—such as browsing, trading, or viewing token-related data—you acknowledge and agree to comply with these Terms, as well as any additional terms referenced within them. By agreeing to these Terms, you also confirm that you are at least 18 years old. If you do not accept these Terms, you are not permitted to use or access the Platform or any of its tools or features.

Please note that Section 11.4 of these Terms requires that any disputes be resolved through individual arbitration, rather than through jury trials or class action lawsuits. Additionally, your options for legal remedies in the event of a dispute may be limited under these Terms.

By using the Services, submitting any information, or signing in through a Wallet or Telegram, you agree to comply with these Terms and our Privacy Policy, which is incorporated by reference. You also confirm that you will follow all relevant laws and regulations, including but not limited to those concerning federal, state, and local taxes and tariffs. If you are located in the European Union, you acknowledge and consent—under Article 6 of the General Data Protection Regulation (GDPR)—to our processing of your personal data as necessary for fulfilling this Agreement and providing access to the Services. If you do not accept these Terms, please do not use the Services. These Terms of Service are collectively referred to as the “Agreement.”

2. AMENDMENTS

We reserve the right to modify this Agreement and our Privacy Policy (outlined in Section 5) at any time, with reasonable notice as determined at our discretion. Any changes will be published on the Platform. Users are encouraged to check this Agreement and the Privacy Policy regularly to stay informed of any updates. Continued use of the Platform or Services after changes are posted will be considered acceptance of those changes. If you do not agree with any revised terms, you must discontinue use of the Platform and Services immediately. For questions regarding this Agreement or our Privacy Policy, feel free to contact us at [email protected]

3. DEFINITIONS AND INTERPRETATION

3.1 Definitions. Unless otherwise indicated by the context, the terms listed below shall have the following meanings throughout this Agreement:

• “Affiliate” refers to any individual or entity (such as a company, corporation, partnership—whether general or limited—limited liability partnership, or limited liability company) that currently or in the future directly controls, is controlled by, or is under common control with a given party.

• “Applicable Law” refers to all relevant federal and state statutes, regulations, rules, and legal obligations.

• “Business Day” means any calendar day that is not a Saturday, Sunday, or officially recognized public holiday.

• “Profile Information” refers to the data a User provides when registering for the Services, which may include, but is not limited to, wallet address, name, physical address, username, and password used to access the Services.

• “Wallet” refers to a Solana-compatible digital wallet that enables Users to store tokens or cryptocurrencies and to sign or participate in transactions on the Solana blockchain.

3.2 Interpretation. Unless stated otherwise, references to “Sections” and “Appendices” refer to those within this Agreement. Words used in the singular form also apply to the plural, and vice versa. Terms like hereof, herein, hereunder, and similar expressions relate to this Agreement in its entirety. The terms include and including are to be interpreted as non-exhaustive. All mentions of “days” refer to calendar days unless specifically stated as “Business Days.” Whenever “including” is used to introduce examples, it shall be interpreted as “including, without limitation” or “including but not limited to,” and should not be understood as a complete list.

4. THE SERVICE

4.1 Purpose of the Services. The Services are intended to provide Users with a platform to purchase tokens and access aggregated information for their convenience. The Platform and its content are offered strictly for educational and informational purposes, and do not constitute financial advice or imply any specific trading recommendations. The Company makes no guarantees regarding the accuracy, completeness, or usefulness of the content available through the Platform, as external factors beyond the Company’s control may impact such information. Users choose to rely on any content at their own discretion and risk. The Company is not liable for any actions taken based on the content provided, whether by Users, site visitors, or third parties. Any personal data Users submit or that the Company gathers through the Platform will be managed in accordance with our Privacy Policy.

4.2 Use of the Services. The Company grants Users a limited, non-exclusive, and revocable license to access and use the Services—including the Website and any associated data, materials, content, or information—strictly for personal, non-commercial purposes. Unless explicitly authorized by the Company, use of the Services for commercial activities is not permitted. Users agree to use the Services only in accordance with applicable laws and regulations, and to comply with all rules and guidelines governing any interactions or transactions conducted through the Platform.

Eligibility Requirements. To register for a PlonkBot Account and access the Services, you must meet the following conditions:

a. You must be an individual, company, legal entity, or organization with the full legal authority and capacity to (1) use the Services and (2) enter into and fulfill the obligations set forth in these Terms.

b. If you are registering as an individual, you must be at least 18 years of age.

c. If you are acting on behalf of a legal entity (e.g., as an employee or agent), you must have proper authorization to accept these Terms and bind that entity accordingly.

d. You must not have been previously banned, suspended, or removed from using the Services.

e. You must not be classified as a Restricted Person.

f. You must not currently hold another PlonkBot Account.

g. You must not reside in, be incorporated in, operate from, or be otherwise associated with any jurisdiction where accessing or using the Services would violate applicable laws or regulations, or where such use would cause the Company or others to breach any laws. This includes, but is not limited to:

i. Any jurisdiction where your use of the Services would be illegal under local laws or would cause legal complications for the Company or third parties;

ii. Any of the countries listed in the Company’s Prohibited Countries list, including: Cuba, Iran, North Korea, Syria, Russia, and any other territory subject to sanctions imposed by the United States, United Kingdom, European Union, or United Nations.

4.2.3 Responsibility for Your Account. You acknowledge and agree that you are solely responsible for securing your account and maintaining control over any login credentials, including usernames, passwords, public or private keys, and any other access codes used to interact with the Services. If you create or are assigned a password to use the Platform, it is your responsibility to keep that password—and your account—confidential. If you use a Wallet to access the Platform, please note that the Company cannot restore access if you lose control of your Wallet. You are fully accountable for all activity conducted through your account, and you agree to promptly notify the Company if you suspect any unauthorized access or use. The Company is not liable for any losses or damages resulting from unauthorized access to your account, Wallet, or credentials.

4.2.4 Additional Considerations

4.2.4.1 Blockchain Transactions Are Public. All transactions conducted through the Platform are processed and recorded on public blockchain networks, such as the Solana blockchain. By using the Platform, you acknowledge and accept that your public blockchain address will be visible to others whenever you perform a transaction. The Company does not own or operate any Wallet, the Solana blockchain, other blockchain networks, or any third-party websites or services that may be used in connection with accessing or using the Platform’s features. The Company assumes no responsibility for the actions or failures of any such third parties, and will not be held liable for any loss or damage resulting from your transactions or interactions with them.

4.2.4.2 Gas / Transaction Fees. All transactions conducted via the Services are executed through smart contracts on blockchain networks. These transactions require the payment of gas fees, the cost of which can fluctuate significantly and is entirely beyond the Company’s control. By using the Services, you acknowledge and accept that gas fees may be unpredictable or high, and you agree that transactions will not be reversed, cancelled, or refunded on the basis of dissatisfaction with, or lack of awareness about, the associated gas fees.

4.2.4.3 Use of Account Information. Verified Users grant the Company permission to use their account information strictly for purposes related to the operation and delivery of the Services. This access will be limited to activities necessary to provide and maintain the Services as described in this Agreement.

4.3 License. Provided you comply with this Agreement and all applicable laws, the Company grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for your personal, non-commercial use only. This license is subject to the terms outlined herein and may be revoked at any time at the sole discretion of the Company.

4.4 Prohibitions and Restrictions

4.4.1 Prohibited Activities. By using the Services, you agree not to engage in any of the following actions:

• Use the Services in a way that may damage, disrupt, overload, or negatively affect the functionality or performance of the Platform.

• Attempt to access or retrieve any content or information from the Services by means not intentionally provided or authorized by the Company.

• Seek unauthorized access to any accounts, systems, or networks connected to the Website or operated by the Company.

• Launch or participate in any denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks targeting the Services.

• Falsely represent yourself as the Company, one of its employees, another user, or any other individual or entity.

• Alter, adapt, or create derivative works based on any part of the Services without prior written consent.

4.4.2 Restrictions on Use. Unless expressly permitted in this Agreement, you may not copy, reproduce, distribute, republish, or transmit any part of the Services in any form or by any means. All copyright, trademark, and proprietary notices must remain intact on all copies of any content from the Services. Additionally, you agree not to use the Services for any unlawful or prohibited activities.

4.5 Changes to the Services. The Company reserves the right to alter, suspend, or remove all or any portion of the Services at any time, with or without prior notice. You acknowledge and agree that the Company is not liable to you or any third party for any such modifications, interruptions, or discontinuation of access to the Services.

4.6 No Ongoing Support. You understand and accept that the Company is under no obligation to provide continuous support, updates, or maintenance for the Services.

4.7 Account Suspension. The Company reserves the right to immediately suspend or terminate your access to the Services, Website, and Platform if it reasonably suspects that (i) your account is involved in illegal activities; (ii) you have engaged in fraudulent behaviour; or (iii) you have conducted transactions that violate these Terms of Use, at the Company’s sole discretion.

4.8 Affiliates. The Company and its Affiliates, as well as their subcontractors and agents, may perform or exercise the rights and obligations outlined in this Agreement. The Company accepts full responsibility for any actions or omissions by its Affiliates, subcontractors, or agents related to this Agreement. You agree that any claims or legal actions arising from such acts or omissions must be directed solely against the Company, and not against its Affiliates, subcontractors, or agents.

5. PRIVACY

You agree to the Company’s Privacy Policy, which shall be recognized as a part of this Agreement as if it were set forth herein in its entirety. The Privacy Policy describes the methods in which we collect, use, and disclose information that is provided by you. By using the Services, you agree to be bound by the terms of the Privacy Policy.

6. THIRD-PARTY LINKS, PRODUCTS AND APPLICATIONS

6.1 Third-Party Websites. The Services may include links to websites operated by third parties (“Linked Sites”), such as solscan.io, Token project pages, Twitter profiles, Telegram Groups or Discord servers. These Linked Sites are not controlled by the Company, and we do not take responsibility for their content, updates, or functionality. We are not liable for any issues you may encounter when using Linked Sites, including viruses, malware, or other harmful software. The presence of a link does not imply endorsement or affiliation with the operators of the Linked Sites. You are responsible for reviewing and complying with the privacy policies and terms of use of any Linked Sites you visit. Additionally, any interactions or transactions with third parties linked through the Services, including payments and delivery of goods or services, are solely your responsibility. The Company does not retain any personal information you share with Linked Sites and is not liable for any data shared with them.

6.2 Third-Party Applications. You understand and agree that using any third-party applications or software accessible through our Services is done at your own risk. The Company assumes no responsibility or liability for any issues resulting from your use of such third-party applications. We make no warranties or guarantees—whether express, implied, or statutory—about the merchantability, fitness for a particular purpose, availability, features, accuracy, completeness, or legality of these third-party applications. You agree to indemnify and hold the Company harmless from any damages, including direct, indirect, incidental, punitive, or consequential losses, that arise from your use or reliance on third-party applications. The Company is not responsible for any personal information you may share with these third-party applications.

6.3 Release of Liability. You hereby fully release and discharge the Company, including its officers, employees, agents, successors, and assigns, from any and all past, present, or future claims, disputes, demands, causes of action, liabilities, or controversies of any kind that arise directly or indirectly from your use of the Services. This includes any matters related to interactions with our partners, third parties, or any third-party links and applications.

7. INTELLECTUAL PROPERTY

7.1 Company Intellectual Property. You acknowledge that the Company owns all rights, title, and interest in and to the Services, including but not limited to the Company logo, graphics, design, user interface, website layout, software code, data, and all other components of the Platform (collectively, the “Company Assets”). These Company Assets and the Content are protected by copyright, trademark, and other intellectual property laws. You may only use the Services and Content as explicitly permitted by this Agreement. Unauthorized copying, reproduction, modification, publication, transmission, or distribution of the Services or Content is prohibited.

Furthermore, you understand that you do not own any rights or interests in your account; all rights to your account remain exclusively with the Company.

7.2 Intellectual Property of Third Parties. All trademarks, product names, logos, and other intellectual property displayed on the Platform that are not owned by the Company belong to their respective owners. You may not copy, imitate, or use these third-party intellectual properties without obtaining permission from their rightful owners.

8. INDEMNIFICATION

You agree to fully release, indemnify, and hold harmless the Company, its Affiliates, and their respective officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, and expenses—including reasonable legal and accounting fees—that arise from or relate to: (a) your access to or use of, or inability to access or use, the Services; (b) your violation of this Agreement; (c) infringement of any third party’s rights; (d) breach of any applicable laws; and (e) any financial losses you or others may incur from buying or selling tokens, regardless of whether those trades were based on information obtained from the Platform or Services.

8.1 User Assumption of Risk Regarding Cryptocurrency and Smart Contracts. You acknowledge that you understand and accept the inherent risks involved in using cryptographic technologies, including smart contracts and public blockchain networks such as the Solana blockchain.

8.2 Company Disclaimer for Blockchain Technical Issues. The Company is not liable for any losses resulting from issues related to blockchain networks, including Solana or any other blockchain incorporated into the Services or Platform. This includes, but is not limited to, losses caused by network forks, technical malfunctions, wallet issues, or any other problems that may lead to financial loss. Updates to blockchain platforms, hard forks, or changes in transaction validation processes may have unintended negative consequences on the blockchains and associated token standards supported by the Services.

8.3 User Acknowledgment of Platform Risks. You recognize that the Platform may contain errors, inaccuracies, or outdated information, and you take full responsibility for independently assessing the reliability of any information provided. The warnings and disclaimers in this Agreement do not create any ongoing obligation for the Company to notify you of every potential risk associated with using the Platform. Additionally, the Platform may be vulnerable to complex cyber-attacks, unexpected traffic spikes, or other technical and operational issues that could lead to service interruptions or delays. By using the Platform, you accept the risk of such failures or disruptions and agree not to hold the Company liable for any losses resulting from these events.

8.4 No Representations on the Value of Digital Assets. The value of blockchain-based assets can be highly volatile, with significant fluctuations influenced by market demand, supply, and the popularity of specific tokens. Prices of other digital assets may also impact the value of tokens on the Platform. Additionally, cryptocurrencies, NFTs, and other digital assets may be subject to regulatory investigations or actions that could affect their value. The Company makes no guarantees or warranties concerning the value or price of any tokens or digital assets offered or displayed on the Platform.

8.5 User Acknowledgment of Financial Risks. Trading or dealing in digital assets involves significant risk of financial loss. You should carefully assess whether creating, buying, or selling digital assets is appropriate for your individual financial situation and resources. By using the Platform, you confirm that you take full responsibility for conducting your own independent evaluation and research into the risks associated with any transaction and the digital assets involved. You further represent that you possess the necessary knowledge, experience, and, if applicable, professional advice to assess the potential risks and rewards. The Company shall not be held financially responsible for any losses or damages arising from your use of the Platform or any digital asset transactions you undertake.

8.6 Liability for Other Users’ Violations. You hereby irrevocably release, discharge, and hold harmless the Company, its subsidiaries, affiliates, officers, and successors from any and all claims, disputes, or legal actions—past, present, or future—that arise from another User’s breach of these Terms.

8.7 Alpha Callers The Company does not guarantee the accuracy or reliability of any content shared within the Services. Alpha Callers are independent contributors and are not employees, agents, or representatives of the Company. Any advice, predictions, or information they provide should not be interpreted as financial advice. Alpha Callers are not licensed investment professionals, and their content is intended solely for entertainment purposes. You acknowledge that relying on information from Alpha Callers involves risks, including potential financial loss. You agree not to hold any Alpha Caller responsible for any losses you may incur from purchasing tokens, NFTs, or other assets based on their content.

9. LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER

9.1 Limitation of Liability. To the fullest extent permitted by law, the Company shall not be liable to you or any third party for any financial loss or damages arising from or related to these Terms, your use or inability to use the Platform, Website, Services, Content, or any information accessed through the Website or any linked sites. This includes, without limitation, losses resulting from interruptions, delays, or performance issues, even if the Company has been advised of the possibility of such damages. Your use of the Platform and Services is at your own risk, and you assume full responsibility for any damage to your personal property or loss of data.

9.2 No Warranties. All information and services provided by the Company through the Services, including all Content, are offered “as is” and “as available,” without any warranties of any kind. The Company and its third-party licensors expressly disclaim all warranties, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Company makes no guarantees regarding the accuracy, completeness, quality, timeliness, security, or availability of the Website or its Content. Additionally, the Company does not warrant that the Services will be free from viruses, malware, or other harmful components, nor that the Services will be compatible with any other software or products. Your use of the Services is entirely at your own risk, and the Company is not responsible for any service interruptions, errors, defects, or failures. Your sole remedy if dissatisfied with the Services or Content is to discontinue use of the Platform, Website, and Services.

9.3 No Financial or Investment Advice. The Company, Platform, and Services are not intended to provide investment, financial, tax, or legal advice. The Company does not act as a financial planner, investment advisor, or legal consultant for any user of the Services.

10. TERM AND TERMINATION

This Agreement remains effective as long as you continue to use the Platform or Services (the “Term”). The Company reserves the right to suspend or terminate your access to the Platform or Services at any time, for any reason, at its sole discretion, including if you violate any terms of this Agreement. You may terminate this Agreement at any time by discontinuing your use of the Platform and Services and notifying the Company at [email protected]. Upon termination, your access and rights to use the Platform and Services will end immediately. The Company will not be liable for any damages or losses resulting from the termination of your access. Any provisions of this Agreement that naturally extend beyond termination, such as ownership rights, disclaimers, and liability limitations, will continue to apply after termination.

11. GENERAL TERMS

11.1 Amendments to Terms of Use. The Company may revise or update these Terms periodically to reflect modifications to its Products or Services, changes in applicable laws, or for other reasons it deems necessary. Any updates will be indicated by the “Last Updated” date at the top of these Terms. By continuing to use the Services after such changes are communicated, you agree to be bound by the updated Terms.

11.2 Waiver. Any waiver of a breach of this Agreement by the Company must be in writing and shall not be interpreted as a waiver of any future breaches or of the provision itself.

11.3 Governing Law & Jurisdiction. These Terms shall be governed by and interpreted in accordance with the laws of Cayman Islands without giving effect to any choice or conflict of law provision or rule (whether of this or any other jurisdiction). You irrevocably agree that any disputes arising out of or related to your use of the Services—except those covered by the arbitration clause in Section 11.4—will be subject to the exclusive jurisdiction and venue of the courts located in the Cayman Islands.

11.4 Dispute Resolution. Please review this arbitration agreement (“Arbitration Agreement”) carefully. It requires that any disputes between you and the Company be resolved through binding arbitration and restricts the ways you can pursue legal remedies against us. This agreement is an integral part of your contract with the Company and impacts your rights, including a waiver of class action claims.

11.4(a) Scope of Arbitration Agreement. Any claims or disputes related to this Agreement or your use of any Product or Service provided by the Company that cannot be resolved informally—except for claims seeking injunctive or other equitable relief as described below—must be resolved through binding arbitration on an individual basis according to this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings will be conducted in English. This Arbitration Agreement applies to you and the Company, including their subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns, as well as any authorized or unauthorized users or beneficiaries of the services or goods covered by this Agreement. It also applies to all claims or disputes that arose or were asserted before the effective date of this Agreement or any earlier version.

11.4(b) Notice Requirement and Informal Resolution. Before initiating arbitration, the party seeking to resolve a dispute must first provide the other party with a written Notice of Dispute (“Notice”) outlining the details and basis of the claim, along with the relief sought. Notices sent to the Company should be emailed to:

Address: [email protected] Subject: Attn: Legal

Once the Notice has been received, both you and the Company may try to resolve the dispute informally. If the matter is not settled within thirty (30) days after the Notice is received, either party may initiate arbitration. Any settlement offers made during this period shall remain confidential and will not be disclosed to the arbitrator until after a determination has been made regarding any award to which either party may be entitled.

11.4(c) Waiver of Jury Trial. Both parties waive their constitutional and statutory rights to a trial by judge or jury and agree that all disputes and claims will be resolved exclusively through binding arbitration as outlined in this Arbitration Agreement. Arbitration is generally more streamlined, cost-effective, and limited in scope compared to court proceedings, with minimal judicial review. In the event of any court action to confirm, enforce, or challenge an arbitration award, both you and the Company waive the right to a jury trial and agree that such matters will be decided by a judge.

11.4(d) Waiver of Class or Consolidated Actions. All claims and disputes covered by this Arbitration Agreement must be resolved individually through arbitration or litigation. Class actions, collective actions, or any consolidated claims involving multiple customers or users are prohibited.

11.4(e) Confidentiality. All details of the arbitration process, including the arbitrator’s award and related compliance, shall remain strictly confidential. Both parties agree to keep this information private unless disclosure is legally required. However, this confidentiality obligation does not restrict either party from providing necessary information to a court for purposes of enforcing this Agreement, enforcing an arbitration award, or pursuing injunctive or equitable relief.

11.4(f) Severability. If any provision of this Arbitration Agreement is determined to be invalid or unenforceable by a court with proper authority, that provision will be removed and will have no effect, while the rest of the Agreement will remain fully effective and enforceable.

11.4(g) Right to Waive. The party against whom a claim is made may choose to waive any or all rights and limitations within this Arbitration Agreement. Such a waiver, however, does not impact or waive any other part of this Agreement.

11.4(h) Continuation After Termination. This Arbitration Agreement remains in effect even after your relationship with the Company ends

11.4(i) Emergency Equitable Relief. Despite the arbitration requirement, either party may seek urgent equitable relief from a state or federal court to preserve the current situation while arbitration is pending. Seeking such interim relief does not waive any other rights or obligations under this Arbitration Agreement.

11.4(j) Courts. In any situation where this Arbitration Agreement allows either party to pursue litigation in court, both parties agree to submit to the personal jurisdiction of the courts located in Curaçao for that purpose.

11.5 Attorneys’ Fees and Costs. Beyond any relief or award granted by an arbitrator or court, the party deemed to be the substantially losing party in a dispute must cover the reasonable attorneys’ fees and costs of the party determined to be the substantially prevailing party. Additionally, the losing party will reimburse or pay any arbitrator fees and expenses incurred by the prevailing party during arbitration.

11.6 Third-Party Beneficiaries. Except as provided in Section 11.7, this Agreement and all associated rights and obligations apply to and benefit only the parties involved and their respective successors and permitted assigns. This Agreement is not intended, either explicitly or implicitly, to grant any rights to any other individuals or entities beyond those parties and their successors or permitted assigns.

11.7 Entire Agreement. This Agreement, including all exhibits and appendices, represents the complete and exclusive understanding between the parties regarding its subject matter, superseding all prior or simultaneous oral or written agreements. Each party acknowledges that no other representations, warranties, or agreements have been made except those explicitly stated in this Agreement.

11.8 Severability. If any part or provision of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement will continue in full force and effect, binding the parties as if the invalid or unenforceable provision had never been included.

11.9 Assignment. You are not permitted to assign or transfer any of your rights under this Agreement without the Company’s prior written approval. Any attempt to assign rights or delegate duties without such consent will be considered invalid. Conversely, the Company reserves the right to assign this Agreement or its rights without needing your consent.