PUMPR Terms of Service

Terms of Service

Welcome to https://www.pumpr.xyz, an online platform (referred to as the "Platform" or "App") provided by Pumpr ("we", "our", or "us"). Our Platform grants access to a decentralized protocol operating across multiple public blockchains, including but not limited to Solana. This protocol enables users to trade compatible digital assets, referred to as the "Pumpr protocol" or the "Protocol." While the Platform serves as one avenue to access the Protocol, it is not the sole method. Access to the Platform requires the utilization of non-custodial wallet software, enabling interaction with public blockchains. Your relationship with the non-custodial wallet provider is subject to their specific terms of service and not governed by this Agreement (the "Agreement").

This Agreement states the terms and conditions governing your usage of the Platform. It is imperative to thoroughly review this Agreement. By accessing or using the Platform, you demonstrate your acknowledgment, comprehension, and consent to abide by the entirety of this Agreement. If you do not concur, you are not permitted to access or utilize the Platform.

1. Registration of Pumpr Account

To access and utilize the Pumpr Services, you must register for a Pumpr account (a "Pumpr Account") by providing essential details like your name, email address, and password. Completing designated verification procedures and agreeing to the terms outlined in this Agreement is also required. By using a Pumpr Account, you confirm and warrant that the Pumpr Services will be used solely for your own purposes and not on behalf of any third party. Each user is allowed to register only one Pumpr Account. You are responsible for all activities conducted under your Pumpr Account. Pumpr reserves the right, at its discretion, to refuse the opening of a Pumpr Account, suspend or terminate any Pumpr Accounts (including duplicate accounts), or suspend or terminate the trading of specific digital assets within your Pumpr Account or the transfer of digital assets from your Pumpr Account.

2. Eligibility

To access or use the Platform, you must be able to form a legally binding contract with us. Accordingly, you represent that you are at least the age of majority in your jurisdiction (e.g., 18 years old in the United States) and have the full right, power, and authority to enter into and comply with the terms and conditions of this Agreement on behalf of yourself and any company or legal entity for which you may access or use the Platform. You further represent that you are not (a) 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 but not limited to the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury) or (b) a citizen, resident, or organized in a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions by the United States. Finally, you represent that your access and use of the Platform will fully comply with all applicable laws and regulations, and that you will not access or use the Platform to conduct, promote, or otherwise facilitate any illegal activity.

3. Proprietary Rights

We own all intellectual property and other rights in the Platform and its contents, including (but not limited to) software, text, images, trademarks, service marks, copyrights, patents, and designs. This intellectual property is available under the terms of our copyright licenses and our Trademark Guidelines.

4. Additional Rights

We reserve the following rights, which do not constitute obligations of ours: (a) with or without notice to you, to modify, substitute, eliminate or add to the Platform; (b) to review, modify, filter, disable, delete and remove any and all content and information from the Platform; and (c) to cooperate with any law enforcement, court or government investigation or order or third party requesting or directing that we disclose information or content or information that you provide.

5. Privacy

When you use the Platform, the only information we collect from you is your blockchain wallet address, completed transaction hashes, and the token names, symbols. We do not collect any personal information from you (e.g., your name or other identifiers that can be linked to you). We do, however, use third-party service providers which may receive or independently obtain your personal information from publicly-available sources. We do not control how these third parties handle your data and you should review their privacy policies to understand how they collect, use, and share your personal information. By accessing and using the Platform, you understand and consent to our data practices and our service providers' treatment of your information.

We use the information we collect to detect, prevent, and mitigate financial crime and other illicit or harmful activities on the Platform. For these purposes, we may share the information we collect with blockchain analytics providers. We share information with these service providers only so that they can help us promote the safety, security, and integrity of the Platform.

Please note that when you use the Platform, you are interacting with Ethereum or another public blockchain, which by nature may provide transparency into your transactions. Pumpr does not control and is not responsible for any information you make public on blockchains by taking actions through the Platform.

6. Prohibited Activity

You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activity in relation to your access and use of the Platform:

- Intellectual Property Infringement.

- Cyberattack.

- Fraud and Misrepresentation.

- Market Manipulation.

- Securities and Derivatives Violations.

- Any Other Unlawful Conduct.

7. Not Registered with the SEC or Any Other Agency

We are not registered with the U.S. Securities and Exchange Commission as a national securities exchange or in any other capacity.

8. Non-Solicitation; No Investment Advice

You agree and understand that: (a) all trades you submit through the Platform are considered unsolicited, which means that they are solely initiated by you; (b) you have not received any investment advice from us in connection with any trades.

9. Non-Custodial and No Fiduciary Duties

The Platform 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. This Agreement is not intended to, and does not, create or impose any fiduciary duties on us.

10. Compliance and Tax Obligations

The Platform may not be available or appropriate for use in your jurisdiction. By accessing or using the Platform, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you.

11. Assumption of Risk

By accessing and using the Platform, you represent that you are financially and technically sophisticated enough to understand the inherent risks associated with using cryptographic and blockchain-based systems.

13. Indemnification

You agree to indemnify, defend, and hold Pumpr and its affiliates, directors, officers, employees, agents, and representatives harmless from and against any and all claims, demands, suits, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

(a) Your breach or violation of this Agreement;

(b) Your access or use of the Platform;

(c) Any content or information you submit, post, transmit, or otherwise make available through the Platform;

(d) Any violation of applicable laws or regulations by you;

(e) Any third-party claims alleging infringement of intellectual property rights or other rights arising from your access or use of the Platform; and

(f) Any unauthorized use of your account or any breach of security related to your account.

Pumpr reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate fully with Pumpr in asserting any available defenses and providing any requested information or assistance.

This indemnification clause shall survive the termination or expiration of this Agreement.

14. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement, other than payment obligations, if such delay or failure is caused by an event beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, strikes, lockouts, labor disputes, governmental actions, internet or power outages, or any other similar event (collectively, "Force Majeure Event").

If a Force Majeure Event occurs, the party affected by such event shall promptly notify the other party in writing of the nature and extent of the Force Majeure Event and the anticipated duration of the delay. The party affected by the Force Majeure Event shall use commercially reasonable efforts to mitigate the impact of the event and to resume the performance of its obligations under this Agreement as soon as reasonably practicable.

During the period of any Force Majeure Event, the party affected by such event shall be excused from performance of its obligations under this Agreement to the extent such performance is prevented or delayed by the Force Majeure Event. The time for performance of the affected obligations shall be extended for a period equal to the duration of the Force Majeure Event.

If the Force Majeure Event continues for a period of more than [number] days, either party may terminate this Agreement by providing written notice to the other party. In such event, neither party shall be liable to the other for any damages or losses arising out of or related to the termination of this Agreement due to the Force Majeure Event.

The provisions of this clause shall survive the termination or expiration of this Agreement.

15. Crypto Launchpad - Utility Token Creation and Sale

Our platform offers users the ability to create and sell utility tokens through our launchpad feature ("Launchpad"). By utilizing the Launchpad, you acknowledge and agree to the following:

1. Utility Tokens: Users may create utility tokens that serve a specific purpose within their respective projects or ecosystems. These tokens are intended for use within their designated platforms and do not represent securities or These tokens are intended for use within their designated platforms and do not represent securities or equate to investment offerings. You understand and agree that utility tokens launched through our platform are for utility purposes only and do not entitle holders to ownership stakes, dividends, or profit-sharing from the issuing projects.

2. Compliance with SEC Regulations: Our platform strictly prohibits the launch of security tokens or conducting Initial Coin Offerings (ICOs) that fall under the jurisdiction of the U.S. Securities and Exchange Commission (SEC). Users are solely responsible for ensuring that the tokens they create and offer comply with SEC laws and regulations pertaining to utility tokens. Any breach of these regulations will result in immediate suspension and potential legal action.

3. Prohibited Offerings: You expressly agree not to create or promote security tokens, ICOs, or tokens that represent securities on our platform. Additionally, any attempt to misrepresent utility tokens as securities or conduct activities that violate SEC guidelines will result in account suspension and potential legal consequences.

4. Compliance Responsibility: As a user utilizing the Launchpad, you bear full responsibility for understanding and complying with the legal and regulatory framework governing utility tokens in your jurisdiction. We do not provide legal advice or determine the regulatory status of tokens launched on our platform. Therefore, it's incumbent upon users to seek legal counsel to ensure compliance with local laws and regulations.

5. Platform Oversight: We reserve the right to review, assess, and verify token offerings on our Launchpad to ensure compliance with our terms and industry regulations. We may reject, remove, or suspend any token project that violates our terms or regulatory standards without prior notice.

By utilizing the Launchpad feature on our platform, you acknowledge and agree to adhere strictly to these provisions, understanding the limitations and regulatory constraints surrounding utility token creation and sales.

18. Temporary Downtime

Pumpr's web-based platform may undergo temporary downtime for updates or maintenance. The platform may not operate continuously or error-free. Pumpr holds no responsibility for damages or losses due to website downtime or account access suspension during technical problems.

19. Computer Security

Pumpr is not liable for damages caused by computer malware affecting users' devices or any phishing, spoofing, or similar attacks. Users are advised to use reputable virus screening software and log into their Pumpr account through the official platform for authentication.

20. Disclaimers

20.1. Holding cryptographic tokens involves substantial risks due to their volatile nature. Users should consider their financial situation before holding such tokens, acknowledging the possibility of rapid value fluctuations and the risk of losing their value entirely. Pumpr does not bear responsibility for losses due to market changes or account misappropriation.

20.2. Pumpr disclaims responsibility for unforeseen adverse changes in market forces, technology, or regulatory environments affecting its performance. This includes but is not limited to hacking attacks, theft, regulatory actions, or unclear legal/tax statuses of cryptographic tokens.

20.3. Pumpr cannot guarantee that its services or platform are immune to hacker attacks, which might lead to the theft or loss of users' confidential information or data.

21. Limitations of Liability

Pumpr is not liable for losses incurred during minting, including gas fees for failed transactions, excessive gas fees due to website or smart contract bugs, or product loss due to such bugs.

22. No Guarantees or Future Commitments

Pumpr's future commitments outlined in the roadmap are not guaranteed, as ideas and projects may evolve. Users acknowledge that their purchase from Pumpr's launch is the guaranteed product, and any future benefits are additional and not assured.

23. Release of Liability

Users release Pumpr, its affiliates, and service providers from claims and damages arising from disputes with projects or other users. This release covers known and unknown claims at the time of agreeing to these terms.

24. Children Disclaimer

Pumpr's services are not targeted at children. Users affirm they are of legal age or have parental supervision if under 18 when participating.

25. Website Disclaimer

26.1. Users acknowledge that accessing and using the Pumpr website is at their sole risk. The website is provided "as is," and Pumpr disclaims all representations and warranties, including merchantability, fitness for a particular purpose, and non-infringement.

26.2. All content available on the website, including whitepapers, is for informational purposes only and should not be considered binding.

26.3. Pumpr does not warrant the accuracy, availability, or lawfulness of the website, its software, content, or services. The platform may discontinue without notice.

26.4. While Pumpr aims for accurate and timely information, there might be technical inaccuracies, typographical errors, or information changes without notice. Users are responsible for verifying information before acting on it.

26.5. Pumpr does not guarantee the security, uninterrupted operation, error-free nature, or virus-free status of the website. No information or advice from Pumpr will create a warranty. Users assume the risk of using the website.

26.6. Some jurisdictions might not permit the disclaimer of implied warranties, hence some disclaimers may not apply, and users agree that their use of the website is at their own risk.

26.7. Users waive all warranties, whether express or implied, including merchantability, fitness for a particular purpose, title, or non-infringement.

26. Non-Financial Advice

The Agreement does not serve as investment solicitation and should not be construed as an offer for securities or financial instruments.

27. Token Disclaimer

28.1. Users confirm reading, understanding, and accepting the Agreement before purchasing tokens. Failure to agree implies refraining from using the website or purchasing tokens.

28.2. Participants acknowledge the risks associated with crypto-assets and that the market price may fluctuate significantly, absolving Pumpr from liabilities arising from such risks.

28.3. Users accessing Pumpr services agree to be bound by this Agreement and should refrain from accessing the services if they do not agree.

28. Risk Statement Disclaimer

Pumpr's offerings aim at private token sales for business financing and not financial advisory services. Users are responsible for understanding associated risks and agreeing to this Agreement.

29. Compliance With Local Laws

Participants and Projects agree to comply with applicable laws, regulations, and authorities' requirements. It's their responsibility to adhere to local laws related to DAO Maker's digital ecosystem.

30. Changes

We reserve the right, in our sole discretion, to modify this Agreement from time to time. If we make any modifications, we will notify you by updating the date at the top of the Agreement and by maintaining a current version of the Agreement at Pumpr's terms of services. All modifications will be effective when they are posted, and your continued accessing or use of the Platform will serve as confirmation of your acceptance of those modifications. If you do not agree with any modifications to this Agreement, you must immediately stop accessing and using the Platform.