Terms of Service

Gains App Terms of Service

Last Updated June 8, 2026

Site Operations, LLC, and its parent companies, affiliates, and group companies (“Gains” or “we” or “us” or “our”) make available to users certain software services accessible via mobile device application, including self-custodial externally owned accounts (each, an “EOA”) and a mobile software application that enables users with an EOA to access onchain applications and protocols and engage in peer-to-peer transactions on blockchain networks (the “Gains App” or the “Services”).

Agreement to Terms

By clicking “Accept terms” or by accessing or using any or all of the Services through any means, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, you may not access or use the Services.

You also agree that you have read, understand, and except where prohibited by law, accept the Arbitration Agreement in Appendix 1 of these Terms.

By agreeing to the Arbitration Agreement, you and we agree to resolve disputes we may have with each other via binding arbitration or in small claims court (instead of a court of general jurisdiction), and you agree to do so as an individual (instead of as a member of a class in a class action). To the extent that the law allows, you also waive your right to a trial by jury. For more information, see the section in these Terms entitled “Dispute Resolution, Arbitration Agreement, Class Action Waiver, and Jury Trial Waiver” and the Arbitration Agreement in Appendix 1 of these Terms.

It is also important that you review the “Limitation of Liability” and “Warranty Disclaimer” sections of these Terms.

Privacy Policy

Please refer to the Gains Privacy Policy for information on how we collect, use, disclose and share information from you when you use the Services. The Privacy Policy is incorporated into these Terms.

If you are not a resident of the European Economic Area (the “EEA”), you acknowledge and agree that your use of the Services is subject to the Privacy Policy. You further agree that we may collect, use and/or disclose your information (including any personal data you provide to us) in accordance with the Privacy Policy.

If you reside in the EEA, you acknowledge that we process personal data in accordance with the Privacy Policy, which you have read and understood.

Changes to Terms or Services

We may modify the Terms at any time at our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the App, by providing you a notice through the Services, or through other reasonable methods of communication. The modified Terms will be effective at the time they are posted on the App. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have modified the Terms, you are agreeing to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you must cease using the Services. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Who May Use the Services

Eligibility

You may use the Services if you are 18 years or older and are not barred from using the Services under applicable law. Notwithstanding the foregoing, you may not use the Services if you are located in, ordinarily resident in, or organized under the laws of: (i) any jurisdiction subject to comprehensive sanctions administered by the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC"), including Cuba, Iran, North Korea (the Democratic People's Republic of Korea), Syria, or the Crimea, Donetsk, or Luhansk regions of Ukraine; or (ii) the United Kingdom. By accessing or using the Services, you represent and warrant that you are not located in, ordinarily resident in, or organized under the laws of any such jurisdiction.

Registration and Your Information

EOA. In order to access certain functionality in the Gains App, you'll have to create an EOA on the Solana Blockchain. Do not share your EOA private key or other login information with any other person. If you suspect that your EOA or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you or your EOA, you should discontinue your use of that EOA on the Gains App. You're responsible for all activities that occur under your EOA whether or not you know about them. We reserve the right to suspend or terminate your access to the Services for any reason.

Embedded Wallet. The Gains App may create an externally owned account on your behalf (an "Embedded Wallet"). An Embedded Wallet is an EOA whose private key is generated and secured by the Gains App using login credentials you provide for a supported third-party authentication service (e.g., Sign in with Apple, Google, or another OAuth 2.0-compatible service) (each, an "OAuth Provider"). By using an Embedded Wallet, you authorize the Gains App to derive and manage the private key associated with that EOA on your behalf, with access to that private key gated by your authentication with the applicable OAuth Provider. You understand and agree that: (i) your Embedded Wallet and the digital assets held therein are accessible only through valid authentication with your OAuth Provider credentials; (ii) you are solely responsible for maintaining the security of your OAuth Provider account, including your username, password, and any multi-factor authentication methods associated with that account; (iii) any person who gains access to your OAuth Provider credentials may be able to access your Embedded Wallet and the digital assets held therein; (iv) Gains does not store your OAuth Provider credentials and is not responsible for any compromise of those credentials or any resulting loss of access to your Embedded Wallet or digital assets; and (v) if your OAuth Provider account is suspended, terminated, or otherwise made inaccessible, you may permanently lose access to your Embedded Wallet and any digital assets held therein. YOU AGREE TO HOLD GAINS AND ITS AFFILIATES HARMLESS FOR ANY LOSSES ARISING FROM THE COMPROMISE, SUSPENSION, OR TERMINATION OF YOUR OAUTH PROVIDER ACCOUNT OR CREDENTIALS. You may be able to export the private key for your Embedded Wallet. Once exported, we may be unable to recover the private key for your Embedded Wallet. By exporting the private key for your Embedded Wallet, you agree that such Embedded Wallet shall be treated as an EOA under these Terms.

Account name. When using the Gains App for the first time, you may be required to claim a account name. Your account name will serve as your primary username in the Gains App, and it will be associated with any EOA or Embedded Wallet you control and use in the Gains App. You may change your account name from time to time.

Recovery Phrase and Passkeys

You are solely responsible for the retention and security of your twelve word recovery phrase for any EOA you access using the Gains App or any recovery key you create for your EOA (in each case, a “Recovery Phrase”), as well as your unique digital or hardware credentials (for example, iCloud and Google Passkeys and, hardware authentication devices such as Yubikeys) that are tied to your EOAs (“Passkeys”). Your Recovery Phrase and/or Passkeys are the only way to access the cryptocurrency associated with your EOA. Anyone that has access to your Recovery Phrase and/or Passkeys can access your cryptocurrency. IF YOU SHARE YOUR RECOVERY PHRASE WITH A THIRD PARTY, IF YOUR RECOVERY PHRASE IS COMPROMISED, OR IF YOU SUSPECT YOUR RECOVERY PHRASE IS COMPROMISED, YOU SHOULD IMMEDIATELY MOVE YOUR ASSETS INTO A NEW, UNCOMPROMISED WALLET. IF YOU LOSE YOUR RECOVERY PHRASE AND/OR PASSKEYS, YOU WILL NOT BE ABLE TO ACCESS YOUR CRYPTOCURRENCY USING THE SERVICES. YOU ACKNOWLEDGE THAT Gains DOES NOT STORE AND IS NOT RESPONSIBLE IN ANY WAY FOR THE SECURITY OF YOUR RECOVERY PHRASE AND/OR PASSKEYS. YOU AGREE TO HOLD Gains AND ITS AFFILIATES HARMLESS FOR ANY LOSSES ARISING FROM YOU LOSING YOUR RECOVERY PHRASE AND/OR PASSKEYS. YOU AGREE THAT Gains AND ITS AFFILIATES SHALL NOT BE LIABLE IN ANY WAY IF YOU LOSE YOUR RECOVERY PHRASE AND/OR PASSKEYS AND CANNOT ACCESS YOUR CRYPTOCURRENCY.

Onchain Transactions

The Gains App enables you to interact with Third Party Services by signing and authorizing onchain transactions (each, an “Onchain Transaction”) using an EOA or Embedded Wallet, including transactions that transfer digital assets between your EOA or other wallet addresses. For certain Onchain Transactions that involve multiple signing steps, the Gains App may enable you to authorize the bulk signing of all such messages using an alternative key or signer that is under your sole control. Onchain Transactions that you sign using your EOA, Embedded Wallet, or that you otherwise authorize cannot be reversed once they have been broadcast to the relevant digital asset network (although they may be in a pending state, and designated accordingly, while the transaction is processed by network operators). We make no guarantee that an Onchain Transaction will be confirmed by the Solana Blockchain.

Pending Transactions

Once an Onchain Transaction is submitted to the Solana Blockchain, the transaction will be unconfirmed and remain in a pending state for a period of time sufficient to allow confirmation of the transaction by the Solana Blockchain. An Onchain Transaction is not complete while it is in a pending state. Pending Onchain Transactions that are initiated using an EOA or Embedded Wallet will reflect a pending transaction status and are not complete while the transaction is pending. We are not liable for any losses you may incur as a result of issues with the Solana Blockchain (e.g., network outages or excessive network congestion) that causes any Onchain Transaction to remain in a pending state for an extended duration.

Supported Assets

We assume no responsibility in connection with any attempt to use your EOA or Embedded Wallet to store, receive or otherwise transact with any digital asset that is on a blockchain or network not supported by the Gains App, which generally includes all blockchains except for the Solana Blockchain. As such, if you or a third party attempts to send digital assets to your EOA or Embedded Wallet that are not on a supported blockchain or network, you understand and agree that you may not be able to access such digital assets.

Third Party Services and Environments

You can use the Services to access third-party services, such as decentralized exchanges, lending protocols, social media protocols, messaging protocols, and other services (“Third Party Services”, for the avoidance of doubt, Third Party Services refers to and includes all services offered by and through the pump.fun token launching, AMM, and social media platform), and interact with such Third Party Services using your EOA or Embedded Wallet. We provide access to Third Party Services in the Gains App only as a convenience, do not have control over their content, do not warrant or endorse, and are not responsible for the availability or legitimacy of, the content, products, assets, or services on or accessible from those Third Party Services (including any related websites, resources or links displayed therein). When accessing and transacting on or with Third Party Services, you understand that unless otherwise stated, you are transacting with third parties or the providers of those services. Your use of any Third Party Service may also be subject to additional terms and conditions between you, on the one hand, and the provider(s) of such Third Party Service, on the other hand.

To the extent that you interact with services provided by the pump.fun platform, you are agreeing to the terms of service of that platform (the “Pump Terms”).

Certain Third Party Services, such as decentralized exchanges and decentralized lending protocols, may provide access to services and assets that have high risks of illiquidity, devaluation, lockup, or loss. Before you initiate any transaction with or through any Third Party Service, it is important for you to understand that you are transacting directly with a third party. You should assume that we have not verified the safety or legitimacy of any Third Party Service, and have not reviewed (or approved of) the services it provides or any representations it has made. It is your responsibility to ensure that you fully understand the nature of the services being provided by any Third Party Service, including the financial risks that you may be exposed to as a result of using such Third Party Service.

Content Moderation

We expect you to comply with local laws and regulations. The Pump Terms generally control what content is permitted on the Gains App. The Pump Terms prohibit content that:

Facilitates unlawful gambling;
Facilitates sexually related services such as prostitution, pornography and escort services;
Facilitates sale of narcotics, regulated goods and controlled substances;
Contains child exploitation content, including images that depict minors in the nude or in suggestive poses, or any content involving minors;
Facilitates or enables fundraising and support for terrorist organizations; or
Threatens violence.

We comply with the Digital Millennium Copyright Act (the “DMCA”) according to our DMCA policy.

We will take down content that is not consensual and will comply with Right to Be Forgotten requests where valid. Also, you are not permitted to impersonate others; if you create a profile that pretends to be someone else, we may take it down and may ban you from using certain features of the Gains App.

No fraudulent, deceptive, or scammy activity. If you post scams, malware, phishing, or other similar content that violates local law or consumer protection guidelines, we will take it down and ban you. We will also report fraud on our platform to local authorities.

We allow legal adult and sensitive content where permitted by law. The Services are 18+, but not everyone wants to see sensitive or graphic content. It's on you to label any content you post as NSFW.

If you report content in the Gains App that you believe violates these moderation principles, we will review it to determine whether it should be removed from the app. Note that any content we remove will no longer be viewable in the Gains App, but may persist on other protocols or services.

Although we have no obligation to monitor any User Content (as defined below) that you publish using the Gains App, we have absolute discretion to remove User Content at any time and for any (or no) reason from the Gains App without notice. You understand that by using the Services, you may be exposed to third party content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any such content.

If you see content on the Gains App that you believe violates your intellectual property rights, please follow the remedies provides in the DMCA policy. Furthermore, if you believe that content on the Gains App violates a trademark which you own, please submit a notice to us in accordance with the trademark policy.

Ownership and Control

You own and control digital assets held in your EOA or Embedded Wallet you access using the Gains App. As the sole owner of such digital assets, you shall bear all risk of loss of such digital assets. We shall have no liability for digital asset fluctuations or loss associated with your use of the Services. At any time, subject to outages, downtime, and other applicable policies, you may withdraw your digital assets by sending it to a different blockchain address. You acknowledge that by engaging the Services you are at no time transferring your assets to us.

General Terms Regarding Content Ownership, Responsibility and Removal

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; (ii) “User Content” means any Content that EOA holders (including you) make available through the Services; and (iii) “Gains Content” means all Content except for User Content. Content includes without limitation User Content.

We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content.

Subject to the foregoing, we, or our affiliates, exclusively own all right, title and interest in and to the Services and the Gains Content, including all associated intellectual property rights. You acknowledge that the Services and the Gains Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or the Gains Content.

Rights in User Content Granted by You

In order to operate and provide our Services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, copy, distribute, create derivative works of, display, and perform the User Content that you upload, submit, store, send, or receive through your use of the Services. The rights you grant in this license are for the limited purpose of operating and providing our Services. Additional information about your privacy and how we use User Content is available in the Privacy Policy.

You warrant and represent that you have the right and authority to submit your User Content and that the User Content or any part thereof does not infringe the intellectual property rights or any other rights of any third party.

You acknowledge that, in certain instances, where you have removed your User Content by deleting it, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services or on public blockchains. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Rights in Content Granted by Gains

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services.

Rights in App and Services Granted by Gains

The App and Services are proprietary to Gains and its licensors and must not be used other than strictly in accordance with these Terms. Gains grants to you a limited, non-exclusive, non-transferable, non-sublicensable license to use the App and the Services in accordance with these Terms.

Fees

We may charge fees for some or part of the Services we make available to you. Presently, the fee charge by Gains is one half of one percent of the total amount of the transaction. We reserve the right to change those fees at our discretion, with reasonable advanced notice to you. We will disclose the amount of fees we will charge you for the applicable Service at the time that you access the Service or at the time indicated in any notice to you. Note that for transaction involving the Pump Platform, those transactions will be subject to Pump related fees.

You may incur charges from third parties for use of services that you access using your EOA or Embedded Wallet, including through the Gains App. Certain transactions conducted through the Gains App require the payment of network transaction fees (commonly referred to as "gas fees") to validators and other participants on the Solana Blockchain. These fees are not charged by or paid to Gains, and Gains does not collect or retain any portion of such fees. Although network transaction fees may be displayed or estimated within the Gains App for your convenience, they are determined by conditions on the Solana Blockchain and are a prerequisite to executing any Onchain Transaction on that network. You are solely responsible for ensuring that your EOA or Embedded Wallet holds sufficient assets to cover any applicable network transaction fees.

Acceptable Use and Enforcement Rights

You agree not to use the Services in ways that:

Violate, misappropriate, or infringe the rights of Gains, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights;
Are illegal, defamatory, threatening, intimidating, or harassing;
Involve impersonating someone;
Breach any duty toward or rights of any person or entity, including rights of publicity, personality, privacy, or intellectual property rights;
Involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our service providers or any other third party (including another user) to protect the Services or Content;
Disguise your location through IP proxying or other methods;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.

You agree to comply with all applicable laws including but not limited to export restrictions, end-user restrictions, antiterrorism laws, and economic sanctions. You are not permitted to use the Services if doing so would violate applicable laws and regulations, including but not limited to those promulgated by the United Nations Security Council, Singapore, the United Kingdom, the United States (including those prohibiting dealings with sanctioned persons identified by the U.S. Department of the Treasury's Office of Foreign Assets Control Specially Designated Nationals and Blocked Persons (“SDN”), or other U.S. non-SDN restricted or prohibited parties lists, and those prohibiting dealings with persons organized, resident, or located in comprehensively sanctioned jurisdictions), and/or any other applicable national, provincial, federal, state, municipal or local laws and regulations (each as amended from time to time).

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of Services, (i) all rights and/or licenses granted to you under these Terms shall immediately cease and terminate and you shall forthwith cease the use and/or access of the App, Services and Content in any way whatsoever; and (ii) notwithstanding the foregoing, the following provisions will survive: General Terms Regarding Content Ownership, Responsibility and Removal (save for the subsection "Rights in Content Granted by Gains"), Termination, Warranty Disclaimers, Indemnity, Limitation of Liability, Dispute Resolution, Arbitration Agreement, Class Action Waiver, and Jury Trial Waiver, and General Terms.

Warranty Disclaimers

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES (INCLUDING ANY PRIVATE KEY STORAGE SERVICE OFFERED AS PART OF THE SERVICES, WHETHER CLOUD OR HARDWARE-BASED) AND CONTENT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE APP AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GAINS SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. GAINS MAKES NO REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SERVICES OR ANY OF THE MATERIALS CONTAINED THEREIN WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. SERVICE INTERRUPTIONS MAY CAUSE YOU TO BE SIGNED OUT OF THE SERVICES AND REQUIRE YOU TO RE-ENTER YOUR RECOVERY PHRASE OR PASSKEY, AS THE CASE MAY BE, TO REGAIN ACCESS.

USE OF ANY PRIVATE KEY STORAGE SERVICE INCLUDED AS PART OF THE SERVICES IS OFFERED TO YOU AS A CONVENIENCE, SUBJECT TO THE LIMITATIONS ABOVE. YOU ARE SOLELY IN CONTROL OF AND RESPONSIBLE FOR STORING AND SECURING YOUR PRIVATE KEY AND RECOVERY PHRASE FOR THE PRODUCT. NEITHER GAINS NOR ANY OTHER MEMBER OF THE GAINS GROUP STORES A BACKUP OF, AND WILL NOT BE ABLE TO RECOVER, YOUR PRIVATE KEY, RECOVERY PHRASE, OR PASSKEY. IF YOU LOSE YOUR RECOVERY PHRASE OR PASSKEY, THEN YOU WILL LOSE ACCESS TO ALL ASSETS YOU HAVE STORED IN YOUR WALLET. DO NOT LOSE YOUR RECOVERY PHRASE OR PASSKEY. YOU SHOULD ALWAYS BACKUP YOUR PRIVATE KEY AND PASSKEY VIA SECONDARY MEANS.

GAINS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE VALUE, PRICE, SUITABILITY, PROFITABILITY, OR FUTURE PERFORMANCE OF ANY DIGITAL ASSET, TOKEN, OR OTHER ASSET PURCHASED, ACQUIRED, SOLD, OR OTHERWISE TRANSACTED THROUGH OR IN CONNECTION WITH THE GAINS APP OR THE SERVICES. THE VALUE OF DIGITAL ASSETS IS HIGHLY VOLATILE AND MAY FLUCTUATE SIGNIFICANTLY IN SHORT PERIODS OF TIME. YOU ACKNOWLEDGE AND AGREE THAT ANY PURCHASE OR ACQUISITION OF A DIGITAL ASSET USING THE GAINS APP IS MADE ENTIRELY AT YOUR OWN RISK. GAINS EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY LOSS IN VALUE, DEPRECIATION, OR COMPLETE LOSS OF ANY ASSET PURCHASED OR OTHERWISE ACQUIRED THROUGH THE GAINS APP, REGARDLESS OF THE CAUSE OF SUCH LOSS.

Indemnity

You agree that you will indemnify and hold harmless Gains, any affiliated entity, and their respective affiliates, officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, (iii) your use of any Third Party Services, or (iv) your violation of these Terms.

Limitation of Liability

TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, GAINS SHALL NOT BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES ALLEGEDLY ARISING FROM THE COMPROMISE OR LOSS OF YOUR LOGIN CREDENTIALS OR FUNDS, OR LOSS OF OR INABILITY TO RESTORE ACCESS FROM YOUR RECOVERY PHRASE OR PASSKEY, OR FOR MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN THE TRANSMISSION OF TRANSACTIONS OR MESSAGES TO ANY DIGITAL ASSET NETWORK, OR THE FAILURE OF ANY MESSAGE TO SEND OR BE RECEIVED BY THE INTENDED RECIPIENT IN THE INTENDED FORM, OR FOR DIMINUTION OF VALUE OF SOL OR ANY OTHER DIGITAL TOKEN OR DIGITAL ASSET ON A DIGITAL ASSET NETWORK. GAINS SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SERVICES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF GAINS HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

GAINS MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ABOUT LINKED THIRD PARTY SERVICES, THE THIRD PARTIES THEY ARE OWNED AND OPERATED BY, THE INFORMATION CONTAINED ON THEM, ASSETS AVAILABLE THROUGH THEM, OR THE SUITABILITY, PRIVACY, OR SECURITY OF THEIR PRODUCTS OR SERVICES. YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING FROM YOUR USE OF THIRD-PARTY SERVICES, THIRD-PARTY WEBSITES, APPLICATIONS, OR RESOURCES, INCLUDING RISK OF LOSS FOR ASSETS TRADED THROUGH SUCH THIRD-PARTY SERVICES. GAINS SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO SOFTWARE, PRODUCTS, SERVICES, AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTIES AND ACCESSED THROUGH THE SITE OR SERVICES, INCLUDING ANY DAPPS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL GAINS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTION.

Dispute Resolution, Arbitration Agreement, Class Action Waiver, and Jury Trial Waiver

If you have a dispute with us, you agree to first contact our support using legal@pump.fun. If we are unable to resolve your dispute, you agree to follow the formal complaint process described herein (the “Formal Complaint Process”). You begin this process by submitting a detailed complaint to legal@pump.fun. If you would prefer to send a written complaint via mail, please include as much information as possible in describing your complaint, how you would like us to resolve the complaint, and any other relevant information to us at 525 Randall Ave Ste 100, PMB 968, Cheyenne, WY 82001. The Formal Complaint Process is completed when we respond to your complaint or 45 business days after the date we receive your complaint, whichever occurs first. You agree to complete the Formal Complaint Process before filing an arbitration demand.

Class, Collective, Representative, and Mass Action Waiver and Jury Trial Waiver. You and Gains agree that, except as specified in the Batch Arbitration Provision set forth in Appendix 1, each of us may bring claims against the other only on an individual basis and not on a class, representative, or collective basis or as part of a mass action (such as a mass arbitration), and the parties hereby waive all rights to bring or to participate in such actions in arbitration or in court to the maximum extent permitted by applicable law. This provision does not prevent you or Gains from participating in a class-wide settlement of claims. YOU AND WE AGREE TO WAIVE OUR RIGHTS TO A JURY TRIAL. To the extent that any Dispute proceeds in court, and to the maximum extent permitted by applicable law, you and we agree to waive any right to a jury trial and have such matter resolved by a judge (also known as a bench trial).

General Terms

These Terms constitute the entire and exclusive understanding and agreement between Gains and you regarding the Services, and any Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Gains and you regarding the Services, and any Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the Arbitration Agreement or by a court of competent jurisdiction), then that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given by posting to the App or in the Gains App, and/or through other electronic communication. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your use of the Services.

These Terms and any action related thereto will be governed by the laws of the state of Delaware in the United States, without regard to Delaware’s conflict of laws provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Gains. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

These Terms are written in English (U.S.). Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls.

Appendix 1: Arbitration Agreement

Disputes Defined. "Disputes" are defined as any dispute, claim, or disagreement arising out of or relating in any way to our relationship with you, the Services, the App, any Communications you receive, any products or services sold or distributed through the App, or these Terms. The term "Disputes" is intended to be interpreted broadly. The provisions below describe which Disputes belong in arbitration, small claims court, or a court of general jurisdiction.

Pre-Filing Formal Complaint Requirement. Before an arbitration demand or small claims action is filed, you and we agree to exhaust the Formal Complaint Process. See section entitled “Dispute Resolution, Arbitration Agreement, Class Action Waiver, and Jury Trial Waiver” above.

Arbitration Agreement. Except where prohibited by law, you and we agree to arbitrate all Disputes in binding arbitration except for the following types of Disputes:

Disputes about whether the Dispute is arbitrable. You and we agree that any Disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including Disputes about the enforceability, revocability, scope, or validity of the Dispute Resolution section or any portion of the Dispute Resolution section (including the Arbitration Agreement) shall be resolved in a court of competent jurisdiction, not arbitration. This includes, but is not limited to, any dispute about whether the Batch Arbitration provision applies to the Dispute.
Disputes that are within the jurisdiction of a small claims court. You and we agree that if a Dispute could be brought in a small claims court in the county or parish in which you reside, then it must be brought in that small claims court, not arbitration, provided that it remains in that court and is not removed or appealed to a court of general jurisdiction.
Disagreements about whether a Dispute is within the jurisdiction of a small claims court. You and we agree that any disagreement about whether a Dispute is within the jurisdiction of a small claims court will be resolved by the small claims court in the first instance. Disagreements about whether a Dispute is within the jurisdiction of a small claims court may otherwise be resolved in a court of competent jurisdiction, but only after you or we have exhausted resolution from the small claims court.
Disputes about or related to infringement or misuse of intellectual property ("IP") rights (e.g., trademarks, trade dress, domain names, trade secrets, copyrights, and patents). You and we agree that you or Gains must resolve IP Disputes outside of arbitration (e.g., in a court of competent jurisdiction). This means, for example, if you have a Dispute that contains an IP cause of action, which is not arbitrable under this agreement, and other causes of action that are arbitrable, then the arbitrable causes of action must proceed in arbitration and the IP cause of action must proceed outside of arbitration consistent with these Terms. You and we agree that all IP Disputes shall not be stayed solely on the grounds that there exists a pending arbitration of arbitrable causes of action.
Disputes about whether you or we have violated securities laws. In the event that there is a Dispute about whether you or we have violated state, territorial or federal securities laws or the securities laws applicable to provinces or territories, you and we agree that such Disputes shall be resolved by a court of competent jurisdiction. This means, for example, if you have a Dispute that contains causes of action under the state or federal securities laws and other causes of action that are arbitrable, then the arbitrable causes of action must proceed in arbitration and the state or federal securities laws causes of action must proceed in a court of competent jurisdiction.

Arbitration Procedure. You and we agree that arbitration under this Arbitration Agreement will, depending on the circumstance, be administered by the American Arbitration Association ("AAA") subject to the AAA's Consumer Arbitration Rules then in effect, except as modified by this Arbitration Agreement. If the AAA is unable or unwilling to administer the arbitration consistent with the Arbitration Agreement, or if the Dispute is part of a Batch Arbitration, you and we agree that JAMS will administer the arbitration subject to the JAMS Rules and Procedures then in effect, including any Mass Arbitration Procedures and Guidelines applicable to the Dispute, except as modified by this Arbitration Agreement. You and we agree that if JAMS is unable or unwilling to administer the arbitration consistent with the Arbitration Agreement, and the parties cannot agree on an alternative provider that will do so, then you or we may petition a court of competent jurisdiction to appoint an administrator that will do so. The AAA and JAMS rules are available at https://adr.org/Rules and https://www.jamsadr.com/adr-rules-procedures/. You and we agree that these Terms evidence a transaction involving interstate commerce and notwithstanding any other provision with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq. and federal arbitration law (not state arbitration law) will govern any proceedings regarding enforcement of this Arbitration Agreement. Any applicable limitations periods (including statutes of limitations) shall apply in arbitration like in court. You and we agree that an arbitral award shall have no preclusive effect in any other proceeding involving other Users. You and we (and your and our counsel, if represented) agree to work together in good faith to ensure that arbitration remains efficient and cost-effective for all parties. The arbitrator shall have the authority to award sanctions against parties and their counsel consistent with the standard set forth in Federal Rule of Civil Procedure 11.

Severability. You and we agree to sever arbitrable Disputes (which shall be resolved in arbitration) from Disputes that are not arbitrable (which shall be resolved in court); you and we also agree that if any provision of this Arbitration Agreement is found unenforceable, then that portion of the Arbitration Agreement shall be severed and the remainder of the Arbitration Agreement shall continue to control. Notwithstanding the foregoing, if the "Batch Arbitration" provision would otherwise apply to the Dispute, but a court of competent jurisdiction determines that the "Batch Arbitration" provision is unenforceable as to the Dispute or a portion of the Dispute (and all appeals have been exhausted or the ruling is otherwise final) or JAMS or a JAMS arbitrator refuses to apply all of the provisions of the Batch Arbitration provision as written, then the affected Dispute or portion of the Dispute cannot proceed in arbitration and may proceed in a court of competent jurisdiction consistent with the other provisions of these Terms unless the parties agree otherwise in writing.

Confidentiality. You and we agree that any information exchanged between us in an arbitration may be used solely for that arbitration. You and we agree that we may not, for example, use information you or we obtained from the other party in one arbitration proceeding in another arbitration proceeding. You and we also agree to keep any information exchanged between us in any arbitration proceeding confidential between us, you, your and our attorneys, and the arbitrator. To the extent additional persons require access to information exchanged for purposes of the arbitration, you and we agree to negotiate in good faith for the entry of a protective order that will impose similar confidentiality obligations.

Arbitrator Appointment. Any arbitrator appointed under the Arbitration Agreement will be selected by the parties from the AAA or JAMS's roster of arbitrators. If the matter is proceeding before JAMS, then you and we agree that the arbitrator shall be appointed in accordance with JAMS's strike and rank process set forth in Rule 15 of the Comprehensive Arbitration Rules & Procedures. If the matter is proceeding before AAA, you and we agree that the arbitrator will be appointed through a strike and rank process consistent with the approach taken by JAMS in Rule 15 of the Comprehensive Arbitration Rules & Procedures.

Attorneys' Fees and Costs. The parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Dispute was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Gains need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Formal Complaint Process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys' fees and costs.

Waiver of Class, Collective, Representative, Mass Actions, and Other Non-Individualized Relief. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND GAINS AGREE THAT, EXCEPT AS SPECIFIED IN THE BATCH ARBITRATION PROVISION SET FORTH BELOW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, LITIGATED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION (SUCH AS A MASS ARBITRATION) BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED, LITIGATED, OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this provision entitled "Waiver of Class, Collective, Representative, Mass Actions and Other Non-Individualized Relief," are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Gains agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in a court of competent jurisdiction consistent with the other terms of these Terms. This provision does not prevent you or Gains from participating in a class-wide settlement of claims.

Batch Arbitration. You and we agree to abide by this Batch Arbitration provision in the event that: (a) there are twenty-five (25) or more individual arbitration demands of substantially similar nature filed by us against you and other customers or by you and others against us and (b) such arbitration demands are filed with the assistance of the same law firm, group of law firms, or organizations. You and we agree that arbitration demands will not be deemed "substantially similar" if they involve claims seeking relief in connection with alleged losses of assets arising from different facts and circumstances. Arbitration demands that trigger the application of this Batch Arbitration provision can be administered in arbitration only pursuant to the provisions of this Batch Arbitration Provision. See Severability, above.

If this Batch Arbitration provision is triggered, then JAMS shall:

administer the arbitration demands in batches;
appoint a single, different arbitrator for each batch unless the parties agree otherwise; and
provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one in-person or video hearing (if any) in a format to be determined by the arbitrator that shall be convenient for the parties. You and we agree that if the Dispute is subject to this Batch Arbitration process, you will personally appear at any hearing (with counsel, if you are represented).

The number of batches will depend on the number of arbitration demands that were filed. The batching methodology is set forth below:

If there are more than 25 but fewer than 2,000 arbitrations, then there will be 20 batches.
If there are 2,000 or more arbitrations, then they will be batched into batches of 100 arbitrations per batch.
In deciding which arbitration demands will go in which batch, JAMS shall make the batches as equal as possible in terms of cumulative amount demanded and number of arbitration demands.

You and Gains (and your and our counsel, if represented) agree to cooperate in good faith with JAMS to implement the Batch Arbitration process including the payment of single filing and administrative fees for each Batch, as well as any steps to minimize the burdens and costs of arbitration. You and Gains (and your and our counsel, if represented) agree to work together in good faith throughout the Batch Arbitration process to streamline procedures, modify the number of arbitrations to proceed per batch as appropriate, increase efficiencies, and seek to resolve Disputes.

You and we agree that arbitrations administered pursuant to this Batch Arbitration provision may be administered concurrently to the extent administratively feasible.

Arbitrators appointed pursuant to this Batch Arbitration provision shall issue separate awards for each Gains User involved in a batched proceeding.

This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

Modification. If we make any updates to the Arbitration Agreement, we will make the updated terms available to you by publishing them on the App. We will provide you with notice of material changes to the Arbitration Agreement at least thirty (30) days before they become effective. If you do not agree to the updated Arbitration Agreement, you may opt out by providing written notice to us within thirty (30) days of the notice. Your continued use of the App and/or Services after the thirty (30) day period constitutes your acceptance of any such changes.

Severability. If any provision of this Arbitration Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Arbitration Agreement shall not be affected.