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.
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).
As a condition to accessing or using the Interface and/or Services, you represent and warrant to Ahoy the following:
As a condition to accessing the Interface or using the Services, you acknowledge, understand, and agree to the following:
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.
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.
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.
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.
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:
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.
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.
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.
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.
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."
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.
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.
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 email@example.com 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.
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.
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.
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.