Terms and Conditions

These terms and conditions (these “Terms”) constitute a binding legal agreement between each individual, entity, group or association who views, interacts, links to or otherwise uses or derives any benefit from the Spunk bot (as defined below) (“Users”) and the owner/operator of the Spunk Bot and each of its successors and assigns (the “Spunk bot”).

By accessing this Spunk bot or utilizing any services provided on this Spunk bot, you agree to be bound by these Terms and affirm that you are of legal age to enter into these Terms where you live and have the legal capacity to enter into these Terms. Without limiting the foregoing, by using the Spunk bot, you acknowledge and understand that laws regarding digital assets, financial instruments, or investment products which may include digital assets, may vary from jurisdiction to jurisdiction, and it is your sole obligation to ensure that you fully comply with any law, regulation or directive, relevant to your jurisdiction with regard to the use of the Spunk bot. For the avoidance of doubt, the ability to access the Spunk bot does not necessarily mean that the Spunk bot, or your activities through it, are legal under the laws, regulations or directives relevant to your jurisdiction. All of the Bot or the services made available through the Spunk bot may not be available to all users, and we reserve the right to assess or reassess at any time your eligibility to use all or part of the Spunk bot. The Spunk bot does not constitute, and may not be used for the purposes of, an offer or solicitation to anyone in any jurisdiction in which such offer or solicitation is not authorized, or to any person to whom it is unlawful to make such an offer or solicitation.

Summary

Among other things, the Terms and Conditions provide that you must:

• be at least eighteen years of age, of sound mental capacity and have all technical knowledge necessary or advisable to understand and evaluate the risks of the Spunk Bot,

• agree that the Spunk bot is only being provided as an aid to your own independent research and evaluation of Spunk Bot and that no representation or warranty is being made as to the accuracy or completeness of information on the Spunk bot,

• agree that the ability of the Spunk bot to connect with third-party wallet applications or devices is not an endorsement or recommendation thereof by or on behalf of the operators of the Spunk bot, and you must assume all responsibility for selecting and evaluating and incurring the risks of any bugs, defects, malfunctions or interruptions of any third-party wallet applications or devices you directly or indirectly use in connection with the Spunk bot.

• comply with all applicable laws, rules and regulations.

• not be a person who is subject to national or international sanctions or located or ordinarily resident in Cuba, Iran, North Korea, Sudan, Syria, the Crimea region or any other country or jurisdiction against which the U.S. or the United Nations maintains economic sanctions.

• not hold the operator of the Spunk bot or any of its representatives or affiliates liable for any damages you suffer in connection with your use of the Spunk Bot.

• waive your right to initiate or participate in class actions relating to the Spunk bot.

• resolve any disputes regarding the Spunk bot pursuant to binding, confidential arbitration and waive your right to a jury trial in connection with such disputes.

The above is only a partial summary. You should read the Terms and Conditions in their entirety. In the event of any conflict or consistency on between this summary and the Terms and Conditions relating to any issue, the Terms and Conditions will be determinative of the issue.

Binding provisions

1. Spunk bot overview

1.1 About the Spunk Bot

The Spunk bot is a front-end user interface for a decentralized non-custodial two-sided blockchain protocol.

The Spunk bot also offers interaction methods whereby the User can indicate a transaction the User would like to perform in connection with the Smart Contract System (such as swapping one token for another). When used in this way, the Spunk bot can generate a draft transaction message which the User can independently utilize in conjunction with a third-party wallet application or device to conduct transactions on Solana.

1.2 About Spunk Bot

Spunk Bot is a Telegram-based tool that interacts with the Smart Contract Protocol, which is open-source software freely licensed to the public.

The Spunk Bot does not own, operate, or control Solana or the Smart Contract System. Using Solana or the Smart Contract System does not require the use of Spunk Bot. The bot serves to aggregate and present publicly available information about Solana and the Smart Contract System in a user-friendly and convenient format. This information is also independently accessible from other sources, such as Solana block explorers, where users can directly review transaction histories, account balances, and interactions with the Smart Contract System.

Through user interactions with Spunk Bot, the bot can generate draft transaction messages compatible with the Smart Contract System to help achieve the user’s goals as expressed through their actions within the bot. Users can choose to broadcast these messages to Solana to initiate token transactions.

All draft transaction messages generated by Spunk Bot are delivered via API to a compatible third-party Solana wallet application or device chosen by the user after connecting their wallet through the bot. Users must independently review and authorize all transaction messages they intend to send to Solana. Authorization requires users to sign the transaction message with their private cryptographic key, which remains inaccessible to Spunk Bot. Once authorized, the user-broadcasted message will be sent to Solana Validators through their wallet application or device, and the user may pay a network fee to have the Solana Validators execute the transaction on the Smart Contract System and record the results on the Solana blockchain.

Spunk Bot and its operators are not agents or intermediaries of users. They do not store, access, or control any tokens, private keys, passwords, accounts, or other assets belonging to users. Spunk Bot cannot perform transactions or send transaction messages on behalf of users. The bot also does not hold, purchase, sell, or trade any tokens. All transactions involving the Smart Contract System are conducted and recorded solely through the interactions of users with Solana Validators, which are independent entities not affiliated with or controlled by Spunk Bot or its operators.

2.1 Content

Spunk bot makes no representations or warranties as to the quality, origin, or ownership of any content found on or available through the Bot. Spunk bot shall not be liable for any errors, misrepresentations, or omissions in, of, and about, the content, nor for the availability of the content. Spunk bot shall not be liable for any losses, injuries, or damages from the purchase, inability to purchase, display, or use of content.

2.2 Token Lists and Token Identification

In providing information about tokens, the Spunk bot associates or presumes the association of a token name, symbol or logo with a specific smart contract deployed to one or more blockchain systems. In making such associations, the Spunk bot relies upon third-party resources which may not be accurate or may not conform to a given User’s expectations. Multiple smart contracts can utilize the same token name or token symbol as one another, meaning that the name or symbol of a token does not guarantee that it is the token desired by the User or generally associated with such name or symbol. Users must not rely on the name, symbol or branding of a token on the Spunk bot, but instead must examine the specific smart contract associated with the name, symbol or branding and confirm that the token accords with User’s expectations.

2.3 User Responsibility for Accounts & Security

Users are solely responsible for all matters relating to their accounts, addresses and tokens and for ensuring that all uses thereof comply fully with these Terms. Users are solely responsible for protecting the data integrity and confidentiality of their login information and passwords or private keys for the Spunk bot or any wallet applications or devices used in connection with the Bot. The compatibility of the Spunk bot with Solana wallet applications and devices or other third-party applications or devices is not intended as, and you hereby agree not to construe such compatibility as, an endorsement or recommendation thereof or a warranty, guarantee, promise or assurance regarding the fitness or security thereof.

2.4 Spunk bot Operator Has No Business Plan and May Discontinue, Limit, Terminate or Refuse Support for the Spunk bot or any Smart Contracts, Tokens or Pools

The Spunk bot Operator assumes no duties, liabilities, obligations or undertakings to continue operating or maintaining the availability of the Bot and may terminate or change it in any or all respects at any time. The Spunk bot Operator has no business plan or revenue model for the Spunk bot. The Spunk bot Operator does not have revenues or a viable long-term business plan or capital-raising plan, and may become unable or unwilling to fund the operational costs of the Bot on a long-term basis or to fund the upgrade costs required to keep the Spunk bot up to date with current technologies.

The Spunk bot Operator has no obligation to ensure that the Bot is a complete and accurate source of all information relating to the Smart Contract System or any other subject matter. The Spunk bot does not necessarily display all tokens that are available for trading in connection with the Smart Contract System. Even if the Spunk bot currently displays a particular token or token pair, the Bot may discontinue tracking and publishing information about that token or token pair at any time, in the Spunk bot Operator’s sole and absolute discretion. In the event of such a discontinuation, Users may need to rely on third-party resources such as block explorers or Solana Core Nodes in order to get equivalent information, and, depending on the User’s level of expertise and the quality of such third-party resources, this may result in the User incurring financial losses due to delays or mistakes in processing information or transactions.

The Smart Contract Protocol is available under a free open-source license , and the Spunk bot Operator does not have proprietary or exclusive rights in the Smart Contract Protocol. It is possible that additional copies of the Smart Contract Protocol or derivatives thereof will be deployed to Solana or other blockchain systems in the future by any person, resulting in the existence of multiple smart contract systems. The Spunk bot Operator is under no obligation to publish information for all such copies of the Smart Contract Protocol or to warn Users regarding the existence of such alternatives.

2.5 Spunk bot Operator May Deny or Limit Access on a Targeted Basis

The Spunk bot Operator reserves the right to terminate or limit any person’s User status or access to or use of the Bot at any time, with or without notice, as determined in the Spunk bot Operator’s sole and absolute discretion. Such terminations and limitations may be based on any factor or combination of factors, including a person’s identity, blockchain address, IP address, internet service provider, virtual provider network provider, metadata, browser software, device type, wallet application, wallet device, region of citizenship or residence or current location, or suspicion that User has engaged or intends to engaged in any Prohibited Use.

2.6 Spunk bot Operator May Cooperate with Investigations and Disclose Information

The Spunk bot Operator reserves the right at all times to cooperate with any governmental or law enforcement investigation or to disclose any information it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, based on any applicable law, regulation, legal process or governmental request, in the Spunk bot Operator’s sole and absolute discretion.

2.7 No Regulatory Supervision

The Spunk bot Operator and the Bot are not registered or qualified with or licensed by, do not report to and are not under the active supervision of any government agency or financial regulatory authority or organization. No government or regulator has approved or consulted with the Spunk bot Operator regarding the accuracy or completeness of any information available on the Bot. Similarly, the technology, systems, tokens and persons relevant to information published may not be registered with or under the active supervision of or be registered or qualified with or licensed by any government agency or financial regulatory authority or organization. The Spunk bot Operator is not registered as a broker, dealer, advisor, transfer agent or other intermediary.

3. Intellectual property matters

3.1 License to Use Spunk bot

Each User, subject to and conditioned upon such User’s eligibility under and acceptance of and adherence to these Terms, is hereby granted a personal, revocable, non-exclusive, non-transferable, non-sub-licensable license to view, access and use the Spunk bot for the Permitted Uses in accordance with these Terms.

3.2 Spunk bot Code & License

The HTML and other software code and text used in the Bot (other than certain proprietary third-party fonts) will be available in various repositories at https://github.com/, and will be freely licensed under the applicable license set forth in each such repository.

3.3 Marks, Logos and Branding

All Spunk bot related marks, logos and branding used are non-proprietary and freely licensed under the Spunk bot Brand Policy. All other marks, logos and branding appearing (including token names, symbols and logos which may trade in connection with the Smart Contract) are the property of their respective owners.

3.4 Privacy Policy

The Spunk bot may directly or indirectly collect and temporarily store personally identifiable information for operational purposes, including for the purpose of identifying blockchain addresses or IP addresses that may indicate use of the Spunk bot from prohibited jurisdictions or by sanctioned persons or other Prohibited Uses. Except as required by applicable law, the Spunk bot Operator will have no obligation of confidentiality with respect to any information collected by the Bot.

Smart Contract Protocol

The Smart Contract will be available in various repositories at GitHub, and will be freely licensed under the applicable license set forth in each such repository.

4. Permitted & Prohibited Uses

4.1 Permitted Uses

The Spunk Bot is available exclusively for use by technologically and financially sophisticated persons who wish to use the Spunk Bot for informational purposes only as an aid to their own research, due diligence and financial decision making. Before utilizing information from the Spunk Bot (including any draft transaction messages) to engage in transactions, each User must independently verify the accuracy of such information (and the consistency of such draft transaction messages with the User’s intentions). The foregoing are the “Permitted Uses” .

4.2 Prohibited Uses

Each User must not, directly or indirectly, in connection with their use of the Spunk Bot:

• utilize the Spunk Bot other than for the Permitted Uses;

• utilize the Spunk Bot at any time when any representation of User set forth in Section 5 is untrue or inaccurate;

• rely on the Spunk Bot as a basis for or a source of advice concerning any financial decision making or transactions;

• employ any device, scheme or artifice to defraud, or otherwise materially mislead, any person;

• engage in any act, practice or course of business that operates or would operate as a fraud or deceit upon the Spunk Bot Operator or any other person;

• violate, breach or fail to comply with any applicable provision of these Terms or any other terms of service, privacy policy, trading policy or other contract governing the use of the Spunk Bot;

• engage or attempt to engage in or assist any hack of or attack on the Spunk Bot or any wallet application or device, including any “sybil attack”, “DoS attack” or “griefing attack” or theft;

• commit any violation of applicable laws, rules or regulations;

• engage in or knowingly facilitate any “front-running,” “wash trading,” “pump and dump trading,” “ramping,” “cornering” or fraudulent, deceptive or manipulative trading activities, including:

• trading at successively lower or higher prices for the purpose of creating or inducing a false, misleading or artificial appearance of activity, unduly or improperly influencing market prices or establishing a price which does not reflect the true state of the market;

• trading without changes in material beneficial ownership for the purpose of creating or inducing a false or misleading appearance of trading activity or creating or inducing a false or misleading appearance with respect to market conditions;

• participating in, facilitating, assisting or knowingly transacting with any pool, syndicate or joint account organized for the purpose of unfairly or deceptively influencing market prices;

• transact in securities, commodities futures, trading of commodities on a Lavaraged, margined or financed basis, binary options (including prediction-market transactions), real estate or real estate leases, equipment leases, debt financings, equity financings or other similar transactions, in each case, if such transactions do not comply with all laws, rules and regulations applicable to the parties and assets engaged therein;

• or engage in token-based or other financings of a business, enterprise, venture, DAO, software development project or other initiative, including ICOs, DAICOs, IEOs, or other token-based fundraising events. The foregoing matters are referred to herein as “Prohibited Uses” .

4.3 Eligibility

Our Interface is NOT offered to persons or entities who reside in, are citizens of, are incorporated in, or have a registered office in the United States of America or any other Prohibited Localities (as defined below), or any Restricted Persons (as defined below). We do not make exceptions. If you are from a Prohibited Locality or a Restricted Person, then do not attempt to access or use the Interface. Use of a virtual private network (e.g., a VPN) or other means to circumvent the restrictions to access or use the Interface is prohibited.

TL;DR: if you use the Interface you state that you (a) are at least 18; (b) don’t break any laws of your jurisdiction by using the Interface; (c) are not located, established or registered in any of the jurisdictions enlisted below titled “Prohibited Localities” or a “Restricted Person”.

General. You may not use the Interface if you are otherwise barred from using the Interface under applicable law.

Legality. You are solely responsible for adhering to all laws and regulations applicable to you and your use or access to the Interface. Your use of the Interface is prohibited by and otherwise violate or facilitate the violation of any applicable laws or regulations, or contribute to or facilitate any illegal activity.

By using or accessing the Interface, you represent to us that you are not a Restricted Person (which includes any US persons and entities as per the definition below).

We make no representations or warranties that the information, products, or services provided through our Interface, are appropriate for access or use in other jurisdictions. You are not permitted to access or use our Interface in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction or if it would subject us to the laws of, or any registration requirement with, such jurisdiction. We reserve the right to limit the availability of our Interface to any person, geographic area, or jurisdiction, at any time and at our sole and absolute discretion.

Prohibited Localities. The following countries are “Prohibited Localities”: United States of America, Myanmar (Burma), Cote D`'Ivoire (Ivory Coast), Cuba, Crimea and Sevastopol, Democratic Republic of Congo, Iran, Iraq, Libya, Mali, Nicaragua, Democratic People’s Republic of Korea (North Korea), Somalia, Sudan, Syria, Yemen, Zimbabwe or any other state, country or region that is included in the Sanction Lists.

Restricted Persons. “Restricted Persons” means any person or legal entity that is (i) on a sanctions list as per Section 5.4 of these Terms (the “Sanction Lists”), and/or (ii) residing in, are citizens of, are incorporated in, or have a registered office in the Prohibited Localities.

Any wallets that are linked to Restricted Person are prohibited from using the Interface and we reserve the right to technically enforce any such restriction in our sole discretion. You must not use any software or networking techniques, including use of a Virtual Private Network (VPN) to modify your internet protocol address or otherwise circumvent or attempt to circumvent this prohibition.

Non-Circumvention. You agree not to access the Interface using any technology for the purposes of circumventing these Terms.

The foregoing matters are referred to herein as “Prohibited Uses”.

5. Representations and warranties of users

Each User hereby represents and warrants to Spunk bot Operator that the following statements and information are accurate and complete at all relevant times. In the event that any such statement or information becomes untrue as to a User, User shall immediately cease accessing and using the Bot.

5.1 Adult Status; Capacity; Residence; Etc.

If User is an individual, User is of legal age in the jurisdiction in which User resides (and in any event is older than eighteen years of age) and is of sound mind. If User is a business entity, User is duly organized, validly existing and in good standing under the laws of the jurisdiction in which it is organized, and has all requisite power and authority for a business entity of its type to carry on its business as now conducted.

5.2 Power and Authority

User has all requisite capacity, power and authority to accept the terms and conditions of these Terms and to carry out and perform its obligations under these Terms. These Terms constitute a legal, valid and binding obligation of User enforceable against User in accordance with its terms.

5.3 No Conflict; Compliance with Law

User agreeing to these Term and using the Spunk Bot does not constitute, and would not reasonably be expected to result in (with or without notice, lapse of time, or both) a breach, default, contravention or violation of any law applicable to User, or contract or agreement to which User is a party or by which User is bound.

5.4 Absence of Sanctions

User is not acting on behalf of any other person who is, identified on any list of prohibited parties under any law or by any nation or government, state or other political subdivision thereof, any entity exercising legislative, judicial or administrative functions of or pertaining to government such as the sanctions lists maintained by the United Nations Security Council, the U.S. government (including the U.S. Treasury Department’s Specially Designated Nationals list and Foreign Sanctions Evaders list), the European Union (EU) or its member states, and the government of a User home country. User is not, (and, if User is an entity, User is not owned or controlled by any other person who is), and is not acting on behalf of any other person who is, located, ordinarily resident, organized, established, or domiciled in Cuba, Iran, North Korea, Sudan, Syria, the Crimea region (including Sevastopol) or any other country or jurisdiction against which the U.S. maintains economic sanctions or an arms embargo. The tokens or other funds User uses to participate in the Smart Contract System are not derived from, and do not otherwise represent the proceeds of, any activities done in violation or contravention of any law.

5.5 Non-Reliance

User is knowledgeable, experienced and sophisticated in using and evaluating blockchain and related technologies and assets, including Solana, tokens, yield-generating smart contract systems, automated market making smart contract systems, bonding curve systems and “smart contracts” (runtime bytecode deployed to Solana or another blockchain). User has conducted its own thorough independent investigation and analysis of the Smart Contract System and the other matters contemplated by these Terms, and has not relied upon any information, statement, omission, representation or warranty, express or implied, written or oral, made by or on behalf of Spunk Bot Operator in connection therewith, except as expressly set forth by Spunk Bot Operator in these Terms.

6. Risks, Disclaimers and Limitations of Liability

Each User hereby acknowledges and agrees and consents to, and assumes the risks of, the matters described in this Section 6.

6.1 No Consequential, Incidental or Punitive Damages

Notwithstanding anything to the contrary contained on the Spunk Bot, in these Terms, or in any other agreement or publication, Spunk Bot Operator shall not be liable to any person, whether in contract, tort (including pursuant to any cause of action alleging negligence), warranty or otherwise, for any economic or other damages to any User or other person, including any special, incidental, consequential, indirect, punitive or exemplary damages (including but not limited to lost data, lost profits or savings, loss of business or other economic loss) arising out of or related to these Terms, whether or not Spunk bot Operator has been advised or knew of the possibility of such damages, and regardless of the nature of the cause of action or theory asserted.

6.2 Disclaimer of Representations

The Spunk bot is being provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, Spunk bot Operator is not making, and hereby disclaims, any and all information, statements, omissions, representations and warranties, express or implied, written or oral, equitable, legal or statutory, in connection with the Spunk bot and the other matters contemplated by these Terms, including any representations or warranties of title, non-infringement, merchantability, usage, security, uptime, reliability, suitability or fitness for any particular purpose, workmanship or technical quality of any code or software used in or relating to the Spunk bot. User acknowledges and agrees that use of the Spunk bot is at the User’s own risk.

6.3 No Responsibility for Tokens; No Guarantee of Uniqueness or IP

Spunk bot has no responsibility for the tokens traded by Users on the Smart Contract System. Spunk bot does not investigate and cannot guarantee or warrant the authenticity, originality, uniqueness, marketability, legality or value of any token traded by Users on the Smart Contract System, even if information about such token is available on the Spunk bot.

6.4 No Professional Advice or Liability

All information provided by or on behalf of Spunk bot is for informational purposes only and should not be construed as professional, accounting or legal advice. Users should not take or refrain from taking any action in reliance on any information contained in these Terms or provided by or on behalf of Spunk bot. Before Users make any financial, legal, or other decisions involving the Spunk bot, Users should seek independent professional advice from persons licensed and qualified in the area for which such advice would be appropriate.

6.5 Limited Survival Period for Claims

Any claim or cause of action a User may have or acquire in connection with the Spunk bot or any of the other matters contemplated by these Terms shall survive for the shorter of, and may be brought against Spunk bot solely prior to: (a) the expiration of the statute of limitations applicable thereto; and (b) the date that is six months after the date on which the facts and circumstances giving rise to such claim or cause of action first arose.

6.6 Third-Party Offerings and Content

References, links or referrals to or connections with or reliance on third-party resources, products, services or content, including smart contracts developed or operated by third parties, may be provided to Users in connection with the Spunk bot. In addition, third parties may offer promotions related to the Spunk bot. It does not endorse or assume any responsibility for any activities of or resources, products, services, content or promotions owned, controlled, operated or sponsored by third parties. If Users access any such resources, products, services or content or participate in any such promotions, Users do so solely at their own risk. Each User hereby expressly waives and releases Spunk bot from all liability arising from User’s use of any such resources, products, services or content or participation in any such promotions. User further acknowledges and agrees that Spunk bot shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such resources, products, services, content or promotions from third parties.

6.7 Certain Uses and Risks of Blockchain Technology

1. Use of Blockchain Technology. Spunk bot or third parties may utilize experimental cryptographic technologies and blockchain technologies, including tokens, cryptocurrencies, stablecoins, “smart contracts,” consensus algorithms, voting systems and distributed, decentralized or peer-to-peer networks or systems in connection with the Spunk bot or systems about which the Spunk bot provides information Each User acknowledges and agrees that such technologies are novel, experimental, and speculative, and that therefore there is significant uncertainty regarding the operation and effects and risks thereof and the application of existing law thereto.

2. Certain Risks of Blockchain Technology. The technologies relevant to the Spunk bot depend on public peer-to-peer networks such as Solana that are not under the control or influence of Spunk bot and are subject to many risks and uncertainties. Such technologies include the Smart Contract System, which Spunk bot has no ability to change, other than ceasing to display information about certain “smart contracts” or adding information about new “smart contracts”. Users are solely responsible for the safekeeping of the private key associated with the blockchain address used in connection with the Smart Contract System. Spunk bot will not be able to restore or issue any refund in respect of property lost or frozen due to loss of private keys or otherwise. If a User is not able to spend or use tokens due to loss or theft of the corresponding private key or otherwise, a User will be unable to enjoy the benefits of such tokens.

3. Certain Risks of Smart Contract Technology. Digital assets relevant to the Spunk bot depend on the smart contracts deployed to Solana or other blockchain systems, which may be coded or deployed by persons other than Spunk bot. Once deployed to Solana, the code of Smart Contract System, cannot be modified. In the event that the smart contracts are adversely affected by malfunctions, bugs, defects, malfunctions, hacking, theft, attacks, negligent coding or design choices, or changes to the protocol rules of Solana, Users may be exposed to a risk of total loss and forfeiture of all relevant digital assets. Spunk bot assumes no liability or responsibility for any of the foregoing matters.

4. Asset Prices. The fiat-denominated prices and value in public markets of cryptocurrencies and tokens (including $SOL, $BTC, and $HBB) have historically been subject to dramatic fluctuations and may be highly volatile. As relatively new products and technologies, blockchain-based assets are not widely accepted as a means of payment for goods and services. A significant portion of demand for these assets is generated by speculators and investors seeking to profit from the short- or long-term holding of blockchain assets. The market value of any token may decline below the price for which a User acquires such asset through the Smart Contract System or on any other platform. User acknowledges and agrees that the costs and speeds of transacting with cryptographic and blockchain-based systems such as Solana are variable and may increase or decrease dramatically at any time, resulting in prolonged inability to access or use any tokens.

5. Regulatory Uncertainty. Blockchain technologies and digital assets are subject to many legal and regulatory uncertainties, and the Smart Contract System or any tokens could be adversely impacted by one or more regulatory or legal inquiries, actions, suits, investigations, claims, fines or judgments, which could impede or limit the ability of User to continue the use and enjoyment of such assets and technologies.

6. Cryptography Risks. Cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to Solana, the Smart Contract System or tokens, including the theft, loss or inaccessibility thereof.

7. Fork Handling. Solana, the Smart Contract System, and all tokens may be subject to “forks.” Forks occur when some or all persons running the software clients for a particular blockchain system adopt a new client or a new version of an existing client that: (i) changes the protocol rules in backwards-compatible or backwards-incompatible manner that affects which transactions can be added into later blocks, how later blocks are added to the blockchain, or other matters relating to the future operation of the protocol; or (ii) reorganizes or changes past blocks to alter the history of the blockchain. Some forks are “contentious” and thus may result in two or more persistent alternative versions of the protocol or blockchain, either of which may be viewed as or claimed to be the legitimate or genuine continuation of the original. Spunk bot may not be able to anticipate, control or influence the occurrence or outcome of forks, and does not assume any risk, liability or obligation in connection therewith. Without limiting the generality of the foregoing, Spunk bot does not assume any responsibility to notify a User of pending, threatened or completed forks. Spunk bot will respond (or refrain from responding) to any forks in such manner as Spunk bot determines in its sole and absolute discretion, and it shall not have any duty or obligation or liability to a User if such response (or lack of such response) acts to a User detriment. Without limiting the generality of the foregoing, Spunk bot's possible and permissible responses to a fork may include: (i) honoring the Smart Contract System and tokens on both chains; (ii) honoring the Smart Contract System and tokens on only one of the chains; (iii) honoring the Smart Contract System and tokens in different respects or to a different extent on both chains; or (iv) any other response or policy or procedure, as determined by Spunk bot in its sole and absolute discretion. Each User assumes full responsibility to independently remain apprised of and informed about possible forks, and to manage the User’s own interests and risks in connection therewith.

8. Essential Third-Party Software Dependencies. The Smart Contract System and other smart contracts deployed to Solana are public software utilities which are accessible directly through any Solana node or indirectly through any compatible Solana “wallet” application (such as the web browser plugin Phantom) which interacts with such a node.

6.8 Tax Issues

The tax consequences of purchasing, selling, holding, transferring or locking tokens or otherwise utilizing the Smart Contract System are uncertain, may vary by jurisdiction and may be adverse to a User. Spunk bot has undertaken no due diligence or investigation into such tax consequences, assumes no obligation or liability to optimize the tax consequences to any person and is not providing any tax advice.

6.9 Legal Limitations on Disclaimers

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 in full to specific Users. The disclaimers and limitations of liability provided in these terms shall apply to the fullest extent permitted by applicable law.

6.10 Officers, Directors, Etc.

All provisions of these Terms which disclaim or limit obligations or liabilities of Spunk bot shall also apply, mutatis mutandis , to the officers, directors, members, employees, independent contractors, agents, stockholders, debtholders and affiliates of Spunk bot.

6.11 Indemnification

Each User shall defend, indemnify, compensate, reimburse and hold harmless Spunk bot (and each of its officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) User’s use of, or conduct in connection with, the Spunk bot; (b) User’s violation of these Terms or any other applicable policy or contract of Spunk bot; or (c) User’s violation of any rights of any other person or entity.

7. Governing law; Dispute Resolution

7.1 Governing Law

These Terms shall be governed by and construed and interpreted in accordance with the laws of the British Virgin Islands (irrespective of the choice of laws principles) as to all matters, including matters of validity, construction, effect, enforceability, performance and remedies. Although the Spunk bot may be available in other jurisdictions, each User hereby acknowledges and agrees that such availability shall not be deemed to give rise to general or specific personal jurisdiction over Spunk bot Operator in any forum outside the British Virgin Islands.

7.2 Settlement Negotiations

If a User has a potential legal dispute, claim or cause of action against Spunk bot, the User shall first (prior to initiating any litigation proceedings) contact Spunk bot Operator by sending an email to [e-mail] describing the nature of the potential dispute, claim or cause of action and providing all relevant documentation and evidence thereof. If so elected by Spunk bot, User shall use commercially reasonable efforts to negotiate a settlement of any such legal dispute, claim or cause of action within 60 days of the delivery of such email. Any such dispute, claim or cause of action that is not finally resolved by a binding, written settlement agreement within such 60 days shall be brought and resolved exclusively in accordance with the following provisions of this Section 7.

7.3 Agreement to Binding, Exclusive Arbitration

1. Mandatory Binding Arbitration. All claims, disputes and controversies directly or indirectly arising out of or in connection with or directly or indirectly relating to these Terms or any of the matters or transactions contemplated by these Terms (for the avoidance of doubt, including any claim seeking to invalidate, or alleging that, all or any part of these Terms is unenforceable, void or voidable) (such claims, disputes and controversies, collectively, “ Disputes ”) shall be resolved by confidential, binding arbitration to be seated in the British Virgin Islands and conducted in the English language by a single arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association (the “ Rules ”). The arbitrator shall be appointed in accordance with the procedures set out in the Rules. The award or decision of the arbitrator shall be final and binding upon the parties and the parties expressly waive any right under the laws of any jurisdiction to appeal or otherwise challenge the award, ruling or decision of the arbitrator. The judgment of any award or decision may be entered in any court having competent jurisdiction to the extent necessary. If the Spunk bot elects to have a Dispute resolved by arbitration pursuant to this provision, no party hereto shall (or shall permit its representatives to) commence, continue or pursue any Dispute in any court; provided, however, that the Spunk bot shall be entitled to obtain an injunction or injunctions to prevent breaches of this provision and to enforce specifically the terms and provisions thereof, this being in addition to any other remedy to which the Spunk bot is entitled at law or in equity, and the parties hereto hereby waive the requirement of any posting of a bond in connection with such injunctive relief or specific performance.

2. Waiver of Jury Trial. The parties hereby acknowledge, represent and warrant that they understand that: (i) there is no judge or jury in arbitration, and, absent this mandatory provision, the parties would have the right to sue in court and have a jury trial concerning Disputes; (ii) in some instances, the costs of arbitration could exceed the costs of litigation; (iii) the right to discovery may be more limited in arbitration than in court; and (iv) court review of an arbitration award is limited. Each of the parties hereto hereby irrevocably waives any and all right to trial by jury in any action, suit or other legal proceeding arising out of or related to these Terms or the transactions contemplated hereby.

3. Confidentiality of Arbitration. Except to the extent necessary to enforce their respective rights under these Terms or as otherwise required by applicable law, the parties undertake to maintain confidentiality as to the existence and events of the arbitration proceedings and as to all submissions, correspondence and evidence relating to the arbitration proceedings. This provision shall survive the termination of the arbitral proceedings.

7.4 Court Jurisdiction

To the extent that any court is required to weigh on the enforceability of Section 7.3, to enforce any judgment of the arbitrator, then, without limiting Section 7.3 or any other provision of this Agreement, the User (A) hereby irrevocably and unconditionally submit to the jurisdiction of the courts of the British Virgin Islands for such purpose; (B) agrees not to commence any suit, action or other proceeding arising in connection with or based upon this instrument or the matters contemplated by this instrument except before the courts of the British Virgin Islands, and (C) hereby waives, and agrees not to assert, by way of motion, as a defense, or otherwise, in any such suit, action or proceeding, any claim that it is not subject personally to the jurisdiction of the above-named courts, that its property is exempt or immune from attachment or execution, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper or that this instrument or the subject matter hereof or thereof may not be enforced in or by such court.

7.5 Class Action Waiver

1. No Class Actions Permitted. All Users hereby agree that any arbitration or other permitted action with respect to any Dispute shall be conducted in their individual capacities only and not as a class action or other representative action, and the Users expressly waive their right to file a class action or seek relief on a class basis. USERS SHALL BRING CLAIMS AGAINST SPUNK BOT ONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Agreements if

2. Class Action Waiver Unenforceable. If any court or arbitrator makes a final, binding and non-appealable determination that the class action waiver set forth in this Section 7.8 is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void with respect to any Dispute that would thus be required to be resolved by arbitration on a class basis, and the parties shall be deemed to have not agreed to arbitrate such Dispute. In the event that, as a result of the application of the immediately preceding sentence or otherwise, any Dispute is not subject to arbitration, the parties hereby agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Wilmington, Delaware and to accept service of process by mail with respect to such Dispute, and hereby waive any and all jurisdictional and venue defenses otherwise available with respect to such Dispute.

7.6 California End-User Consumer Rights

In accordance with Cal. Civ. Code Sec. 1789.3, if a User is a California State resident, the User may file grievances and complaints regarding the Spunk bot with the California Department of Consumer Affairs, Consumer Information Division; 1625 North Market Blvd., Suite N 112, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by phone at 800-952-5210; or by email to: [e-mail].

8. Miscellaneous

8.1 Headings

The headings and captions contained in these Terms are for convenience of reference only, shall not be deemed to be a part of these Terms and shall not be referred to in connection with the construction or interpretation of these Terms.

8.2 Successors and Assigns

These Terms shall inure to the benefit of Spunk bot, the Users, and their respective permitted successors, permitted assigns, permitted transferees and permitted delegates and shall be binding upon all of the foregoing persons and any person who may otherwise succeed to any right, obligation or liability under these Terms by operation of law or otherwise. A User shall not assign any of a User rights or delegate any of a User liabilities or obligations under these Terms to any other person without Spunk bot advance written consent. Spunk bot may freely assign, transfer or delegate its rights, obligations and liabilities under these Terms to the maximum extent permitted by applicable law.

8.3 Severability

In the event that any provision of these Terms, or the application of any such provision to any person or set of circumstances, shall be determined by an arbitrator or court of competent jurisdiction to be invalid, unlawful, void or unenforceable to any extent: (a) the remainder of these Terms, and the application of such provision to persons or circumstances other than those as to which it is determined to be invalid, unlawful, void or unenforceable, shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law; and (b) Spunk bot shall have the right to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner in order that the transactions contemplated hereby be consumed as originally contemplated to the fullest extent possible.

8.4 Force Majeure.

Spunk bot shall not incur any liability or penalty for not performing any act or fulfilling any duty or obligation hereunder or in connection with the matters contemplated hereby by reason of any occurrence that is not within its control (including any provision of any present or future law or regulation or any act of any governmental authority, any act of God or war or terrorism, any epidemic or pandemic, or the unavailability, disruption or malfunction of the Internet, the World Wide Web or any other electronic network, the Solana network or blockchain or Smart Contract System or any aspect thereof, or any consensus attack, or hack, or denial-of-service or other attack on the foregoing or any aspect thereof, or on the other software, networks and infrastructure that enables Spunk bot operator to provide the Bot), it being understood that Spunk bot shall use commercially reasonable efforts, consistent with accepted practices in the industries in which Spunk bot operates, as applicable, to resume performance as soon as reasonably practicable under the circumstances.

8.5 Amendments and Modifications

These Terms may only be amended, modified, altered or supplemented by or with the written consent of Spunk bot. Spunk Bot reserves, the right, in its sole and absolute discretion, to amend, modify, alter or supplement these Terms from time to time. The most current version of these Terms will be posted on the Site. Any changes or modifications will be effective immediately upon the modified Agreement being posted to the Spunk bot. A User shall be responsible for reviewing and becoming familiar with any such modifications. Each User hereby waives any right such User may have to receive specific notice of such changes or modifications. Use of the Spunk bot by a User after any modification of these Terms constitutes the User’s acceptance of the modified terms and conditions. If a User does not agree to any such modifications, the User must immediately stop using the Spunk bot.

8.6 No Implied Waivers

No failure or delay on the part of Spunk bot in the exercise of any power, right, privilege or remedy under these Terms shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. Spunk bot shall not be deemed to have waived any claim arising out of these Terms, or any power, right, privilege or remedy under these Terms, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of Spunk bot, and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.

8.7 Entire Agreement

These Terms constitutes the entire agreement between the parties relating to the subject matter hereof and supersede all prior or contemporaneous agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof.

8.8 Rules of Interpretation

1. “hereof,” “herein,” “hereunder,” “hereby” and words of similar import will, unless otherwise stated, be construed to refer to these Terms as a whole and not to any particular provision of these Terms;

2. “include(s)” and “including” shall be construed to be followed by the words “without limitation”;

3. “or” shall be construed to be the “inclusive or” rather than “exclusive or” unless the context requires otherwise;

4. any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in the construction or interpretation of these Terms;

5. section titles, captions and headings are for convenience of reference only and have no legal or contractual effect.;

6. whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders;and the neuter gender shall include the masculine and feminine genders; and

7. except as otherwise indicated, all references in these Terms to “Sections,” “clauses,” etc., are intended to refer to Sections of Sections, clauses, etc. of these Terms.

8. the captions identifying the various sections and subsections of these Terms are for reference only and do not define, modify, expand, or limit any of the provisions of these Terms and shall not affect the interpretation of these Terms.

By accessing this Spunk bot or utilizing any services provided on this Spunk bot, you agree to be bound by these Terms and affirm that you are of legal age to enter into these Terms where you live and have the legal capacity to enter into these Terms. Without limiting the foregoing, by using the Bot, you acknowledge and understand that laws regarding digital assets, financial instruments, or investment products which may include digital assets, may vary from jurisdiction to jurisdiction, and it is your sole obligation to ensure that you fully comply with any law, regulation or directive, relevant to your jurisdiction with regard to the use of the Bot. For the avoidance of doubt, the ability to access the Bot does not necessarily mean that the Bot, or your activities through it, are legal under the laws, regulations or directives relevant to your jurisdiction. All of the Bot or the services made available through the Bot may not be available to all users, and we reserve the right to assess or reassess at any time your eligibility to use all or part of the Bot. The Bot does not constitute, and may not be used for the purposes of, an offer or solicitation to anyone in any jurisdiction in which such offer or solicitation is not authorised, or to any person to whom it is unlawful to make such an offer or solicitation.