Terms of Use

These Terms of Use, together with any documents and additional terms they expressly incorporate by reference, which includes any other terms and conditions or other agreement that Ahoy Labs, Inc. and its affiliates (“Ahoy,” “we,” “us” or “our”) post publicly or make available to you or the company or other legal entity you represent (“you” or “your”) (collectively, these “Terms”), are entered into between Ahoy and you concerning your use of, and access to, Ahoy's website-hosted user interface at https://ahoy.fund (the “Interface”). The Interface provides access to a decentralized protocol on the Solana blockchain (the "Protocol") that allows users to create and participate in crowdfunded bounty campaigns (the “Services”). The Interface is one, but not the exclusive, means of accessing the Protocol.

These Terms explain the terms and conditions by which you may access and use the Interface and/or the Services. You must read these Terms carefully. By accessing or using the Interface and/or the Services, you signify that you have read, understand, and agree to be bound by these Terms in their entirety. If you do not agree, you are not authorized to access or use the Interface or the Services and should not use the Interface or the Services.

1. Modification, Suspension, and Termination

We reserve the right, in our sole discretion, to modify these Terms from time to time. If we make any modifications, we will notify you by updating the date at the top of these Terms and by maintaining a current version of these Terms at https://ahoy.fund/terms. All modifications will be effective when they are posted, and your continued accessing or use of the Interface and/or the Services will serve as confirmation of your acceptance of those modifications. If you do not agree with any modifications to these Terms, you must immediately stop accessing and using the Interface and the Services.

We may, at our sole discretion, from time to time and with or without prior notice to you, modify, suspend or disable (temporarily or permanently) the Services, in whole or in part, for any reason whatsoever. Upon termination of your access, your right to use the Services will immediately cease. We will not be liable for any losses suffered by you resulting from any modification to any Services or from any modification, suspension or termination, for any reason, of your access to all or any portion of the Interface or the Services. The following sections of these Terms will survive any termination of your access to the Interface or the Services, regardless of the reasons for its expiration or termination, in addition to any other provision which by law or by its nature should survive: Sections 4 (Content), 6 (Proprietary Rights), 10 (Assumption of Risk), 12 (Release of Claims), 13 (Indemnity), 14 (Limitation of Liability), 15 (Dispute Resolution), 16 (Class Action and Jury Trial Waiver), 17 (Governing Law), and 18 (Entire Agreement).

2. Eligibility

As a condition to accessing or using the Interface and/or Services, you represent and warrant to Ahoy the following:

  • if you are entering into these Terms as an individual, then you are of legal age in the jurisdiction in which you reside and you have the legal capacity to enter into these Terms and be bound by them;
  • you must not be a resident, citizen or agent of, or incorporated in, and do not have a registered office in Iran, Cuba, North Korea, Syria, Myanmar (Burma), the regions of Crimea, Donetsk or Luhansk, or any other country or region that is the subject of comprehensive country-wide or region-wide economic sanctions by the United States (collectively, “Restricted Territories”);
  • you are not the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury) (collectively, “Sanctioned Person”);
  • you do not intend to transact with any Restricted Person or Sanctioned Person;
  • you do not, and will not, use a VPN or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the Services; and
  • your access to the Services (a) is not prohibited by and does not otherwise violate or assist you to violate any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or another directive, requirement, or guideline, published or in force that applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority having jurisdiction over Ahoy, you, the Interface or the Services, or as otherwise duly enacted, enforceable by law, the common law or equity (collectively, “Applicable Laws”); and (b) does not contribute to or facilitate any illegal activity.

As a condition to accessing the Interface or using the Services, you acknowledge, understand, and agree to the following:

  • from time to time, the Interface and/or the Services may be inaccessible or inoperable for any reason, including any of the following: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs that Ahoy or any of our suppliers or contractors may undertake from time to time; (c) causes beyond Ahoy’s reasonable control or that Ahoy could not reasonably foresee; (d) disruptions and temporary or permanent unavailability of underlying blockchain infrastructure; or (e) unavailability of third-party service providers or external partners for any reason;
  • we reserve the right to review, modify, filter, disable, delete and remove any and all content and information from the Interface and/or the Services, and revoke access to the Interface and/or the Services (such as restricting features of the Services) at any time in the event of any breach of these Terms, including if we reasonably believe any of your representations and/or warranties may be untrue or inaccurate, and we will not be liable to you for any losses or damages you may suffer as a result of or in connection with the Interface and/or the Services being inaccessible to you at any time or for any reason;
  • the Interface and the Services may evolve, which means Ahoy may apply changes to, replace, or discontinue (temporarily or permanently) the Interface and/or the Services at any time in our sole discretion;
  • Ahoy does not act as an agent for you or any other user of the Interface or the Services;
  • you are solely responsible for your use of the Services, including all of your transfers of digital assets such as bitcoin (BTC), Ether (ETH), Solana (SOL), and other digital tokens (“Digital Assets”);
  • you are solely responsible for reporting and paying any taxes applicable to your use of the Services;
  • you are solely and entirely responsible for compliance with all laws and regulations that may apply to you;
  • we have no control over, or liability for, the delivery, quality, safety, legality, or any other aspect of any Digital Assets that you may transfer to or from a third party, and we are not responsible for ensuring that a person or entity with whom you transact completes the transaction or is authorized to do so, and if you experience a problem with any transactions in Digital Assets using the Services, then you bear the entire risk;
  • we may, from time to time, operate contests, promotions, sweepstakes or other activities or offer referral programs (“Promotions and Referrals”), which may be governed by separate terms and conditions and rules that may contain certain eligibility requirements; and you are responsible for reading all terms and conditions and rules relating to the Promotions and Referrals to determine whether you are eligible to participate; if you enter or participate in any Promotions and Referrals, then you agree to abide by and to comply with all terms and conditions and rules of such Promotions and Referrals; all Promotions and Referrals will be optional so you should not enter or participate in such Promotions and Referrals if you do not agree to abide by and comply with all such terms and conditions and rules.

3. Fees

In connection with your use of the Services, unless expressly stated otherwise pursuant to a promotion operated by Ahoy, you are required to pay all fees necessary for interacting with the Solana blockchain, including “gas” costs, as well as all other fees reflected on the Interface at the time of your use of the Services. Although we attempt to provide accurate fee information, this information reflects our estimates of fees, which may vary from the actual fees paid to use the Services and interact with the Solana blockchain.

4. Content

You hereby grant to us a royalty-free, fully paid-up, sublicensable (through multiple tiers), transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, copy, modify, create derivative works of, display, perform, publish and distribute, in any form, medium or manner, any content that is available to other users as a result of your use of the Interface and/or the Services (collectively, “Your Content”), including for promoting Ahoy, the Interface, and/or the Services. You represent and warrant that (a) you own Your Content or have all necessary rights to grant the rights and licenses in these Terms; and (b) Your Content and our use of Your Content, as licensed herein, does not and will not violate, misappropriate or infringe on any third party’s rights.

5. Non-Custodial and No Fiduciary Duties

The Interface is a purely non-custodial application, meaning you are solely responsible for the custody of the cryptographic private keys to the Digital Asset wallets you hold. These Terms are not intended to, and do not, create or impose any fiduciary duties on us. To the fullest extent permitted by Applicable Laws, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in these Terms.

All information provided in connection with your access to and use of the Interface and/or the Services is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained on the Interface or any other information that we make available at any time, including blog posts, data, articles, links to third-party content, Discord content, news feeds, tutorials, tweets, and videos. Before you make any financial, legal, or other decisions involving the Services, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate. You further agree that the only duties and obligations that we owe you are those set out expressly in these Terms.

6. Proprietary Rights

We own all intellectual property and other rights in the Interface, the Services and their contents, including (but not limited to) software, text, images, trademarks, service marks, copyrights, patents, and designs. Unless expressly authorized by us, you may not copy, modify, adapt, rent, license, sell, publish, distribute, or otherwise permit any third party to access or use the Interface, the Services or any of their contents. Provided that you are eligible, you are hereby granted a single, personal, limited license to access and use the Interface and the Services. This license is non-exclusive, non-transferable, and freely revocable by us at any time without notice or cause. Use of the Interface, the Services or their contents for any purpose not expressly permitted by these Terms is strictly prohibited. Unlike the Interface and the Services, the Protocol is comprised entirely of open-source or source-available software running on the public Solana blockchain.

7. Prohibited Activity

YYou agree not to engage in, or attempt to engage in, any of the following categories of prohibited activity in relation to your access to and use of the Interface and/or the Services:

  • Intellectual Property Infringement. Activity that infringes on or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under Applicable Laws;
  • Cyberattack. Activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including (but not limited to) the deployment of viruses and denial of service attacks;
  • Fraud and Misrepresentation. Activity that seeks to defraud us or any other person or entity, including (but not limited to) providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another;
  • Securities and Derivatives Violations. Activity that violates any Applicable Laws concerning the trading of securities or derivatives;
  • Use the Interface and/or the Services in any way that is, in our sole discretion, libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, stalking, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable, or likely or intended to incite, threaten, facilitate, promote, or encourage hate, racial intolerance or violent acts against others;
  • Use the Interface and/or the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Interface and/or the Services, or that could damage, disable, overburden, or impair the functioning of the Interface or the Services in any manner; circumvent any content-filtering techniques, security measures or access controls that Ahoy employs on the Interface and/or the Services, including through the use of a VPN;
  • Engage or attempt to engage, or encourage, induce or assist any third party to engage or attempt to engage in any of the activities prohibited under this Section or any other provision of these Terms;
  • Violate federal, state, or local campaign finance laws and/or regulations;
  • Any Other Unlawful Conduct. Activity that violates any Applicable Laws of the United States or another relevant jurisdiction, including (but not limited to) the restrictions and regulatory requirements imposed by U.S. law;

8. Privacy

We care about your privacy. Although we will comply with all valid subpoena requests, we will carefully consider each request to ensure that it comports with the spirit and letter of the law, and we will not hesitate to challenge invalid, overbroad, or unconstitutional requests as appropriate. We use commercially reasonable safeguards to preserve the integrity and security of your personally identifiable information (“PII”) and aggregate data. However, we cannot guarantee that unauthorized third parties will never be able to obtain or use your PII or aggregate data for improper purposes. You acknowledge that you provide your PII and aggregate data at your own risk. By accessing and using the Interface and/or the Services, you understand and consent to our collection, use, and disclosure of your PII and aggregate data.

9. Compliance Obligations

The Interface and the Services are operated from facilities within the United States. The Interface and/or the Services may not be available or appropriate for use in other jurisdictions. By accessing or using the Interface and/or the Services, you agree that you are solely and entirely responsible for compliance with all Applicable Laws.

10. Assumption of Risk

By accessing and using the Interface and/or the Services, you represent that you are financially and technically sophisticated enough to understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of Digital Assets. In particular, you understand that blockchain-based transactions are irreversible.

You further understand that the markets for these Digital Assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems such as Solana are variable and may increase dramatically at any time. You further acknowledge and accept the risk that your Digital Assets may lose some or all of their value while they are supplied to the Protocol through the Interface, and that you may suffer loss due to the fluctuation of prices of tokens. You further acknowledge that we are not responsible for any of these variables or risks, do not own or control the Protocol, and cannot be held liable for any resulting losses that you experience while accessing or using the Interface and/or the Services. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Interface to interact with the Protocol.

11. Third-Party Resources and Promotions

The Interface and the Services may contain references or links to third-party resources, including (but not limited to) information, materials, products, or services, that we do not own or control. In addition, third parties may offer promotions related to your access to and use of the Interface and/or the Services. We do not endorse or assume any responsibility for any such resources or promotions. If you access any such resources or participate in any such promotions, you do so at your own risk, and you understand that these Terms do not apply to your dealings or relationships with any third parties. You expressly relieve us of any and all liability arising from your use of any such resources or participation in any such promotions.

12. Release of Claims

You expressly agree that you assume all risks in connection with your access to and use of the Interface and/or the Services and your interaction with the Protocol. You further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Interface and/or the Services and your interaction with the Protocol. If you are a California resident, you waive the benefits and protections of California Civil Code § 1542, which provides: "[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

13. Indemnity

You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your access to and use of the Interface and/or the Services; (b) your violation of (i) any term or condition of these Terms, (ii) the rights of any third party, or (iii) any Applicable Laws; and (c) any other party's access to and use of the Interface and/or the Services with your assistance or using any device or account that you own or control.

14. Limitation of Liability

Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages, including (but not limited to) damages for loss of profits, goodwill, use, data, or other intangible property, arising out of or relating to any access to or use of the Interface and/or the Services, nor will we be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access to or use of the Interface and/or the Services or the information contained therein. We assume no liability or responsibility for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from any access to or use of the Interface and/or the Services; (c) unauthorized access to or use of any secure server or database in our control, or the use of any information or data stored therein; (d) interruption or cessation of function related to the Interface and/or the Services; (e) bugs, viruses, trojan horses, or the like that may be transmitted to or through the Interface and/or the Services; (f) errors or omissions in, or loss or damage incurred as a result of the use of, any content made available through the Interface and/or the Services; and (g) the defamatory, offensive, or illegal conduct of any third party. Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to us in exchange for access to and use of the Interface and/or the Services, or USD$100.00, whichever is greater. This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if we have been advised of the possibility of such liability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in these Terms may not apply to you. This limitation of liability shall apply to the fullest extent permitted by Applicable Laws.

15. Dispute Resolution

We will use our best efforts to resolve any potential disputes through informal, good faith negotiations. If a potential dispute arises, you must contact us by sending an email to legal@ahoy.fund so that we can attempt to resolve it without resorting to formal dispute resolution. If we aren't able to reach an informal resolution within sixty (60) days of your email, then you and we both agree to resolve the potential dispute according to the process set forth below.

Any claim or controversy arising out of or relating to the Interface, the Services, these Terms, or any other acts or omissions for which you may contend that we are liable, including (but not limited to) any claim or controversy as to arbitrability ("Dispute"), shall be finally and exclusively settled by arbitration under the JAMS Optional Expedited Arbitration Procedures. You understand that you are required to resolve all Disputes by binding arbitration. The arbitration shall be held on a confidential basis before a single arbitrator, who shall be selected pursuant to JAMS rules. The arbitration will be held in San Francisco, CA, unless you and we both agree to hold it elsewhere. Unless we agree otherwise, the arbitrator may not consolidate your claims with those of any other party. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

16. Class Action and Jury Trial Waiver

You must bring any and all Disputes against us in your individual capacity and not as a plaintiff in or member of any purported class action, collective action, private attorney general action, or other representative proceeding. This provision applies to class arbitration. You and we both agree to waive the right to demand a trial by jury.

17. Governing Law

You agree that the laws of the State of California, without regard to principles of conflict of laws, govern these Terms and any Dispute between you and us. You further agree that the Interface and the Services shall be deemed to be based solely in the State of California, and that although the Interface and/or the Services may be available in other jurisdictions, their availability does not give rise to general or specific personal jurisdiction in any forum outside the State of California. Any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act. You agree that the federal and state courts of San Francisco County, California are the proper forum for any appeals of an arbitration award or for court proceedings in the event that these Terms’ binding arbitration clause is found to be unenforceable.

18. Entire Agreement

These Terms constitute the entire agreement between you and us with respect to the subject matter hereof. These Terms supersede any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of these Terms.