Terms of Service

1. INTRODUCTION AND ACCEPTANCE

1.1 Platform Overview Welcome to Impact.fun (the “Platform”), The Platform allows you to create and buy digital assets (“Digital Assets”). In addition, the Platform enables users to create and participate in community-driven activities, including Lucky Pots, where participants may pay a nominal fee (e.g., $1) to potentially receive a prize based on parameters set by the creator. The Platform does not control, manage, or guarantee the outcome of any Lucky Pot.

1.2 Acceptance of Terms By accessing or using the Platform, you (“you” or “your”) acknowledge that you have read, understood, and agree to be bound by these Terms of Use (the “Terms”) in their entirety, along with any other policies or notices incorporated by reference. If you do not agree, you must immediately cease your use of the Platform.

1.3 Additional Agreements Certain services or features on the Platform may require you to agree to supplemental terms, which are incorporated by reference. In the event of a conflict between these Terms and any supplemental terms, the supplemental terms shall govern with respect to those services.

2. KEY DEFINITIONS

Throughout these Terms, the following capitalized terms have specific meanings:

• “Digital Assets” means cryptographically secured virtual tokens, coins, or similar digital items, often using blockchain or other distributed ledger technology. • “Instructions” means any orders or requests (e.g., to buy, create) that you submit via the Platform in relation to Digital Assets. • “User Materials” includes any text, images, files, data, code, or other content that you upload, post, or otherwise transmit to or through the Platform. • “Created IP” refers to any intellectual property (e.g., minted NFTs, designs, code) that you develop or generate using tools or features provided by the Platform. • “Force Majeure Event” includes unforeseen circumstances beyond our reasonable control, such as natural disasters, acts of terrorism, war, internet disruptions, or government actions.

Additional terms may be defined in specific sections below.

3. RISK DISCLOSURE

3.1 Volatility of Digital Assets Digital Assets are highly volatile and may fluctuate significantly in value. You could lose your entire investment.

3.2 Personal Responsibility You accept all risks associated with Digital Assets, including price volatility, regulatory uncertainties, and potential technical failures. Seek professional advice when needed.

Furthermore, participation in community-driven activities such as Lucky Pots does not guarantee any outcome or reward; you assume full responsibility for any participation and understand that results are determined solely by user-defined parameters and participation.

3.3 No Advice or Fiduciary Duty The Platform does not provide investment, legal, or tax advice, and no fiduciary relationship is created with you. All decisions you make are your own, and the Platform will not be liable for losses arising from those decisions.

4. ELIGIBILITY CRITERIA

4.1 Legal Capacity You must be of the age of majority in your jurisdiction and legally capable of forming a binding contract.

4.2 Jurisdictional Restrictions You represent that you are not located in, under the control of, or a national or resident of any country where the provision of Services would be illegal or subject the Platform to legal restrictions.

4.3 Use on Behalf of an Entity If you are acting on behalf of a legal entity (e.g., a company, trust, or partnership), you warrant that you are fully authorized to bind that entity to these Terms.

5. RECORDS

5.1 Maintenance of Records The Platform maintains logs of user activity, transaction history, and user data as needed to meet legal obligations (e.g., AML, tax) and to provide customer support.

5.2 User’s Responsibility You agree to keep your own records of relevant information such as transaction confirmations and communications. The Platform is not responsible for maintaining information beyond what is legally or operationally required.

5.3 Accuracy and Updates Although the Platform strives for accurate recordkeeping, errors or corruption may occur. Contact the Platform promptly if you identify any discrepancy in your account records.

6. ACCESS TO THE PLATFORM

6.1 Technical Requirements You are responsible for acquiring and maintaining the devices, internet connection, and software needed to access the Platform. No guarantee is given that the Platform will be compatible with your setup.

6.2 Availability and Modifications The Platform may modify, update, suspend, or discontinue any aspect of its services at its sole discretion. The Platform is not liable for delays or unavailability caused by maintenance, upgrades, or external factors.

6.3 Automated Tools Unless explicitly permitted, you agree not to use bots, crawlers, or automated tools to access or interact with the Platform. Unauthorized automated use may lead to suspension or termination of your account.

7. FEES AND PAYMENT TERMS

7.1 Applicable Fees Fees for creating and listing Digital Assets will be displayed on the Platform or otherwise communicated. By proceeding, you agree to pay all applicable fees.

7.2 Adjustments and Updates The Platform may modify its fee schedule at any time. Notice will be provided, and continued use following the effective date of any changes constitutes acceptance.

7.3 Payment Authorization By initiating a transaction, you authorize the Platform (or its payment partners) to charge applicable fees against your connected wallet or selected payment method.

7.4 No Refunds All fees are non-refundable unless expressly stated otherwise. If you believe a fee was charged in error, contact the Platform’s support for review.

8. THE PLATFORM

8.1 Nature of Services The Platform offers a venue for users to create and buy Digital Assets, and supports user-generated activities such as Lucky Pots. The Platform provides the infrastructure for these activities but does not determine their outcomes. The platform may also provide tools like analytics or messaging.

8.2 No Guarantee of Success The Platform does not guarantee that any listing or creation of Digital Assets will complete successfully. Delays or failures may occur due to blockchain issues, user error, or third-party disruptions.

8.3 Third-Party Services The Platform may integrate or link to third-party services (e.g., wallet providers, payment processors). Such services are governed by their own terms; the Platform is not responsible for their content or security practices.

9. TRANSACTIONS AND INSTRUCTIONS

9.1 Transaction Initiation When you submit Instructions (e.g., buy, sell, create, participate), you authorize the Platform to process or facilitate those Instructions within its capabilities.

9.2 Irrevocability Once confirmed, Instructions are generally irrevocable unless the Platform provides a cancellation option prior to final blockchain confirmation.

9.3 Improper Intent You must not use the Platform to conduct fraudulent, manipulative, or illegal transactions. The Platform may reverse or block transactions believed to involve improper intent or legal violations.

9.4 Disclosure of Transactions The Platform may share transaction details with affiliates, partners, or authorities if required by law or reasonably deemed necessary.

10. SUBMISSION OF INSTRUCTIONS

10.1 Accuracy of Instructions You are solely responsible for ensuring that all details (e.g., addresses, amounts) are correct. The Platform is not responsible for losses due to your errors.

10.2 Receipt and Processing An Instruction is not deemed received by the Platform until it reaches our servers. We are not liable for delays or lost Instructions due to transmission issues.

10.3 Sufficient Balances You must have sufficient Digital Assets in your connected wallet to cover transaction amounts and fees. The Platform may refuse to execute Instructions if your balance is insufficient.

11. TRANSACTION LIMITS

11.1 Limits Imposed The Platform may impose limits on transaction size, frequency, or total volume. These limits may change over time.

11.2 Adjustments to Limits We reserve the right to modify limits for risk management, security, or compliance reasons. Notice of material changes will be provided if feasible.

11.3 Exceeding Limits If an Instruction exceeds permitted limits, the Platform may pause or reject the Instruction. We are not responsible for losses due to inability to transact beyond specified limits.

12. MATERIAL INTERESTS & CONFLICTS

12.1 Multiple Roles The Platform and its affiliates may act in multiple capacities, such as listing or creating Digital Assets, and may receive fees from various parties.

12.2 No Additional Duties No fiduciary duties or agency relationship is created by these Terms. The Platform is not obliged to disclose specific profits or benefits gained from transactions.

12.3 Conflict Management The Platform uses internal controls to manage conflicts of interest but may suspend or decline services if a conflict cannot be resolved effectively.

13. SECURITY OBLIGATIONS

13.1 User’s Responsibility You must secure your devices, wallets, and credentials. This includes protecting passwords and keeping software up to date.

13.2 Notification of Breach If you suspect unauthorized account access, contact the Platform immediately. Delays in reporting may limit our ability to assist or mitigate harm.

13.3 Platform’s Measures The Platform employs security protocols (e.g., encryption, firewalls) but cannot guarantee total protection against hacking or data breaches. By using the Platform, you acknowledge these risks.

14. PRIVACY & DATA RETENTION

14.1 Personal Data Collection When you use the Platform, we may collect personal data that you voluntarily provide, including but not limited to your name, email address, contact details, and wallet addresses. We may also automatically collect non-personal data such as IP addresses, browser type, device information, and usage statistics through cookies or similar technologies.

14.2 Purpose of Data Processing We may use the collected data to:

• Provide and improve the Platform and its services;

• Verify your identity and ensure compliance with applicable laws

• Process transactions and provide customer support;

• Communicate with you regarding service updates, important notifications, and marketing (where permitted by law);

• Maintain and secure our systems and to monitor Platform activity.

14.3 Legal Basis for Processing Where required by applicable law, our processing of your personal data is based on your consent, the necessity to perform a contract with you, and/or our legitimate interests in operating the Platform, preventing fraud, and complying with legal obligations.

14.4 Data Sharing and Disclosure We may share your personal data with:

• Service providers and third parties who help operate the Platform (e.g., payment processors, hosting services, or customer support);

• Regulatory or law enforcement authorities when required by law or if necessary to protect our rights or the rights of others;

• Our affiliates or business partners for purposes consistent with these Terms.

14.5 Data Retention We will retain your personal data only for as long as is necessary to fulfill the purposes outlined in these Terms or as required by applicable law. For example, transactional data may be kept for periods mandated by regulatory requirements, while other personal data may be retained as long as your account is active and for a reasonable period thereafter for legitimate business purposes.

14.6 Data Security We implement reasonable security measures (such as encryption and access controls) to protect your personal data. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security.

14.7 Changes to Our Privacy Practices Any material changes to our privacy practices will be reflected in this section and, where appropriate, communicated to you directly. Your continued use of the Platform signifies your acceptance of any updates to these privacy practices.

15. PROHIBITED CONDUCT

15.1 Illegal Activities You shall not use the Platform for unlawful or infringing activities, including money laundering, financing of terrorism, or rights infringements.

15.2 Market Manipulation Activities designed to artificially control or affect market prices or volumes—such as pump-and-dump or wash trading—are strictly prohibited.

15.3 Automated Interference Unless expressly authorized, automated scripts, bots, or scrapers are not allowed, and their use may lead to immediate termination of service.

15.4 Security Violations Any attempt to breach the Platform’s security measures is grounds for account termination and possible legal action.

16. INTELLECTUAL PROPERTY & CONTENT

16.1 Ownership of Platform IP All trademarks, logos, designs, text, and other intellectual property related to the Platform (collectively, “Platform IP”) belong to the Platform or its licensors. You receive no license except to access the Platform as allowed by these Terms.

16.2 User Materials License By posting any User Materials, you grant the Platform a global, royalty-free, irrevocable, sublicensable license to reproduce, distribute, and display such content to operate and promote the Platform.

16.3 Representations of Ownership You warrant that you have the rights to any User Materials you upload and that your User Materials do not infringe any third-party rights.

17. CREATED IP

17.1 Definition “Created IP” refers to Digital Assets or related content (e.g., NFTs) developed using features on the Platform.

17.2 Ownership and Assignment Unless stated otherwise, you own your Created IP. However, you grant the Platform the right to display and distribute the Created IP as needed for Platform operation and marketing.

17.3 Third-Party Content If Created IP includes third-party materials, you must have all required licenses or permissions to incorporate them.

18. WALLETS

18.1 Third-Party Wallets The Platform may allow connection to external wallets. These are not under the Platform’s control, and the Platform is not responsible for their security or functionality.

18.2 Platform-Provided Wallets If the Platform offers a native or custodial wallet, additional terms may apply. In a conflict between those terms and these Terms, the specific wallet terms govern.

18.3 Security of Wallets You acknowledge that wallet security depends largely on your protection of private keys and credentials. You assume all risks of unauthorized wallet access.

19. REPRESENTATIONS & WARRANTIES

19.1 Your Representations You represent that (a) you have the authority to agree to these Terms, (b) all information you provide is accurate, and (c) you understand the inherent risks of Digital Assets and participation in any user-generated activities such as Lucky Pots.

19.2 Platform as-is Except as explicitly stated, the Platform is provided “as is.” All implied warranties are disclaimed to the fullest extent permitted by law.

20. INDEMNIFICATION

20.1 Scope of Indemnity You agree to indemnify and hold harmless the Platform, its affiliates, and their respective officers, directors, and employees from any and all liabilities, losses, damages, and expenses arising from your use of the Platform, violation of these Terms, or infringement of third-party rights.

20.2 Defense & Control The Platform may assume defense of any matter subject to indemnification, requiring your cooperation. This indemnification survives termination of these Terms.

21. LIABILITY & LIMITATION

21.1 Exclusion of Certain Damages To the maximum extent permitted by law, the Platform is not liable for indirect, incidental, special, punitive, or consequential damages, including loss of data or profits.

21.2 Liability Cap In no event will the Platform’s total liability exceed the fees you paid to the Platform in the three (3) months preceding the event giving rise to the claim.

21.3 No Liability for Network Events The Platform does not control blockchain networks and is not liable for losses arising from forks, reorganizations, or consensus failures.

21.4 No Liability for Force Majeure The Platform is not liable for delays or failures due to any Force Majeure Event.

22. TECHNOLOGY DISCLAIMERS

22.1 Blockchain Risks Transactions rely on underlying blockchain protocols, which may have vulnerabilities or experience malfunctions (e.g., forks, 51% attacks).

22.2 Software and Protocols Smart contracts and other software used for Digital Assets may have bugs or coding errors. The Platform is not liable for losses due to technical defects.

22.3 Third-Party Integrations The Platform may use third-party APIs or oracles for price data or transaction confirmation. We do not guarantee the accuracy or reliability of external data.

23. AMENDING THESE TERMS

23.1 Right to Amend The Platform may modify these Terms at any time. Changes take effect upon posting on the Platform or on the date specified in any notice.

23.2 Continued Use By continuing to use the Platform after changes become effective, you accept the updated Terms. If you disagree, discontinue use immediately.

23.3 Notification Where feasible, the Platform will provide advance notice of significant changes, but lack of notice does not negate their effect.

24. SUSPENSION & TERMINATION

24.1 Termination by the Platform We may suspend or terminate your access immediately if you breach these Terms or if required by law. This may happen with or without prior notice.

24.2 Termination by User You may stop using the Platform at any time, but remain liable for obligations incurred before termination.

24.3 Effect of Termination Upon termination, any pending Instructions may be canceled, and you may lose access to data stored on the Platform. The Platform is not liable for any resulting losses.

25. GOVERNING LAW & ARBITRATION

25.1 Governing Law These Terms are governed by the laws of the British Virgin Islands, without reference to conflict-of-law principles.

25.2 Dispute Resolution Disputes not settled by negotiation will be finally resolved by arbitration in the British Virgin Islands under an established arbitral institution. Proceedings will be in English, and the award will be binding.

25.3 Confidentiality All arbitration proceedings will be confidential except where disclosure is required by law.

26. CLASS ACTION WAIVER

You agree that any dispute will be resolved on an individual basis, and you waive the right to participate in any class or representative action.

27. INTERPRETATION

27.1 Singular/Plural Words in the singular include the plural and vice versa, as the context requires.

27.2 Headings Section headings are for convenience only and do not affect interpretation.

27.3 Including References to “including” or similar words mean “including but not limited to.”

27.4 Order of Precedence In case of conflicts, supplemental terms override these Terms for the relevant service or feature.

28. MISCELLANEOUS

28.1 Entire Agreement These Terms and any referenced policies constitute the entire agreement between you and the Platform and supersede prior discussions or agreements.

28.2 Assignment The Platform may assign or transfer its rights or obligations under these Terms at any time without notice. You may not assign these Terms without the Platform’s prior written consent.

28.3 Severability If any provision is deemed invalid or unenforceable, the remaining provisions remain in full force and effect.

28.4 No Waiver A delay or failure to enforce any right does not waive that right or any future enforcement thereof.

28.5 Notices The Platform may deliver notices by email, website posting, or other reasonable methods. You are responsible for keeping your contact information current.

28.6 Force Majeure Neither party will be liable for delays or failures caused by a Force Majeure Event.

29. CONTACT INFORMATION

If you have questions, complaints, or feedback about these Terms or the Platform, DM us at: https://x.com/impactdotfun

30. EFFECTIVE DATE AND SURVIVAL

30.1 Effective Date These Terms are effective as of the date shown at the top of this document. By continuing to access or use the Platform, you confirm your acceptance of the Terms as of that date.

30.2 Survival Any sections that by their nature should survive termination (e.g., intellectual property, indemnification, liability limitations, dispute resolution) will remain in effect.

By using or accessing the Platform after the date these Terms have been updated, you acknowledge that you have read, understood, and agreed to be bound by them.