Terms of Service
Last Updated: March 13, 2025
1. Introduction
Welcome to Fan App ("fan.fun," "we," "us," or "our"), a Web3 social-trading application built on HyperEVM that unifies exclusive content access with social-trading features on Hyperliquid. These Terms of Service ("Terms") govern your access to and use of Fan App's website, mobile web application, and services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
2. Eligibility
You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.
3. Account Registration
3.1 Account Creation
To access certain features of our Services, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.2 Account Security
You are responsible for safeguarding your account credentials and for any activities or actions under your account.
4. Creator Keys and Content Access
4.1 Creator Keys
Creator Keys are digital assets that grant access to a creator's exclusive content on Fan App. Creator Keys operate on a bonding curve mechanism and are subject to dynamic pricing based on market demand.
4.2 Key Consumption
When you consume a Creator Key to access content, the key grants access for up to 24 hours. Consumed keys cannot be refunded or transferred.
4.3 Key Trading
Creator Keys can be purchased (minted) or sold (burned) through our platform. All trading activities are subject to price fluctuations based on the bonding curve mechanism.
4.4 Fee Distribution
A portion of fees generated through the Fan App platform will be distributed to Creator Key holders according to the mechanisms described in our documentation.
4.5 Creator Key Risks
TRADING CREATOR KEYS INVOLVES SUBSTANTIAL RISK OF LOSS AND IS NOT SUITABLE FOR ALL USERS. You acknowledge and agree that:
a) Creator Keys are subject to extreme price volatility based on market demand and the bonding curve mechanism;
b) The value of Creator Keys may decrease substantially or become worthless, resulting in partial or complete loss of your invested funds;
c) Creator Keys prices may be influenced by factors outside of Fan App's control, including but not limited to creator activity, market sentiment, and overall platform usage;
d) Due to their speculative nature, Creator Keys should not be considered investments or financial instruments with guaranteed returns;
e) Fan App makes no guarantees regarding the future value, performance, or liquidity of any Creator Keys.
YOU SHOULD ONLY PARTICIPATE IN CREATOR KEY TRADING WITH FUNDS YOU CAN AFFORD TO LOSE. Fan App strongly recommends that you carefully consider your financial situation and risk tolerance before engaging in Creator Key transactions.
5. Content and Intellectual Property
5.1 User Content and Ownership
You retain all ownership rights to content you submit, post, or display on or through the Services ("User Content"). By submitting User Content, you grant Fan App a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such User Content in connection with the Services.
5.2 Content Guidelines
You agree not to post User Content that:
Is illegal, fraudulent, deceptive, or misleading
Infringes on intellectual property rights of others
Contains personally identifiable information about others without their consent
Is defamatory, obscene, pornographic, or offensive
Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group
Contains software viruses or any other malicious code
Constitutes unauthorized or unsolicited advertising, junk or bulk email ("spamming")
5.3 Fan App Content and Rights
All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are owned by Fan App or its licensors and are protected by copyright, trademark, and other intellectual property laws.
5.4 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to use our Services for personal, non-commercial purposes in accordance with these Terms.
5.5 Content Removal
We reserve the right to remove any User Content that violates these Terms or that we find objectionable for any reason, without prior notice.
6. Trading Features
6.1 Trading Risks
Trading digital assets involves significant risk, including but not limited to, the potential for complete loss of value. You understand and agree that you are solely responsible for any decision to trade digital assets through our Services.
6.2 Market Orders
All trading activities conducted through Fan App are subject to the terms and conditions of Hyperliquid L1 and HyperEVM.
6.3 No Investment Advice
Fan App does not provide investment advice. Information shared by creators or users on the platform should not be considered financial advice.
7. Third-Party Services and Integrations
7.1 Hyperliquid and HyperEVM Integration
Fan App integrates with and relies upon the Hyperliquid L1 blockchain and HyperEVM. You acknowledge that:
a) Fan App is not the owner, operator, or controller of the Hyperliquid L1 blockchain or HyperEVM;
b) Fan App makes no representations or warranties regarding the functionality, security, availability, or performance of Hyperliquid L1 or HyperEVM;
c) Any transactions processed through Hyperliquid L1 or HyperEVM are subject to the terms, conditions, and technical limitations of those networks;
d) Fan App is not responsible for any delays, failures, errors, or losses that may occur due to issues with Hyperliquid L1 or HyperEVM;
e) Protocol upgrades, forks, or changes to Hyperliquid L1 or HyperEVM may impact the functionality of Fan App and your ability to access or use the Services.
7.2 Other Third-Party Services
The Services may contain links to third-party websites, applications, or services that are not owned or controlled by Fan App. You acknowledge that:
a) Fan App has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party services;
b) Fan App shall not be liable for any damage or loss caused or alleged to be caused by or in connection with the use of any third-party service;
c) Your interactions with any third-party service are solely between you and the third party, and Fan App is not responsible for any transactions or agreements entered into between you and such third parties.
7.3 Smart Contract Risks
The Services rely on smart contracts deployed on HyperEVM. You acknowledge and agree that:
a) Smart contracts are subject to technical risks and vulnerabilities that may result in unexpected behaviors or losses;
b) Fan App does not guarantee the security or proper functioning of any smart contracts utilized by the Services;
c) You are solely responsible for understanding the risks associated with interacting with smart contracts before engaging with the Services.
8. Privacy
Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and disclose information about you.
9. Prohibited Activities
You agree not to engage in any of the following prohibited activities:
Circumventing, disabling, or interfering with security-related features of the Services
Using the Services for any illegal purpose or in violation of any local, state, national, or international law
Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Services
Taking any action that imposes an unreasonable or disproportionately large load on our infrastructure
Uploading invalid data, viruses, worms, or other software agents through the Services
Collecting or harvesting any personally identifiable information from the Services
Using the Services for any commercial solicitation purposes without our prior written consent
Impersonating another person or otherwise misrepresenting your affiliation with a person or entity
Automating access to the Services or adding users to the Services without the permission of their owners
10. Disclaimers
10.1 "As Is" and "As Available"
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
10.2 No Warranty
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10.3 Blockchain Risks
YOU ACKNOWLEDGE THE INHERENT RISKS ASSOCIATED WITH BLOCKCHAIN TECHNOLOGY, INCLUDING BUT NOT LIMITED TO NETWORK FAILURES, PROTOCOL CHANGES, FORKS, AND SMART CONTRACT VULNERABILITIES.
11. Limitation of Liability
IN NO EVENT SHALL FAN APP, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
12. Indemnification
You agree to defend, indemnify, and hold harmless Fan App, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.
13. Modifications to the Terms
We reserve the right to modify these Terms at any time. If we make changes, we will provide notice by updating the "Last Updated" date at the top of these Terms and, in some cases, we may provide additional notice. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.
14. Termination
We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease.
15. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
16. Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Fan App regarding the Services and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy, or precedent.
17. Contact Information
If you have any questions about these Terms, please contact us at:
Email: support@fan.fun
By using Fan App, you acknowledge that you have read, understood, and agree to the Terms of Service.
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