FUNKI Terms of Use

GIN Management Company Limited ("FUNKI", "we", "our", or "us") provides certain technology, infrastructure, interface, and connectivity services relating to blockchain networks, digital assets, smart contracts, and related functionality (collectively, the "Services"). Certain Services may, where made available, enable eligible users to access network-related, bridge-related, wallet-related, or other blockchain-related functionality. Certain Services, features, or functionality may be modified, suspended, disabled, or discontinued at any time.

These Terms of Use ("Terms") govern your access to and use of the Services. By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and any policies incorporated by reference. If you do not agree to these Terms, you must not access or use the Services.

To access or use the Services, you must:

• be at least 18 years of age;
• have the legal capacity to enter into binding agreements;
• not be prohibited from using the Services under any applicable law, regulation, sanctions regime, or other legal restriction; and
• comply with these Terms at all times.

You represent and warrant that you meet all eligibility requirements. If you do not meet these requirements, you must not access or use the Services.

You are solely responsible for ensuring that your access to and use of the Services is lawful in your jurisdiction and complies with all laws, rules, regulations, sanctions requirements, licensing requirements, tax obligations, and other legal obligations applicable to you.

FUNKI does not provide legal, tax, regulatory, financial, or investment advice. You are solely responsible for obtaining your own independent advice regarding the legality and consequences of accessing or using the Services.

Nothing in the Services, including any content, communication, feature, functionality, or reference to digital assets or blockchain-related activity, constitutes or is intended to constitute an offer, invitation, solicitation, recommendation, endorsement, or financial promotion in any jurisdiction where such conduct would be unlawful or restricted.

FUNKI does not offer, provide, or make available the Services, or any specific feature or functionality, in any jurisdiction where such Services or functionality would be prohibited, restricted, sanctioned, unlawful, or require registration, licensing, approval, or authorization not obtained by FUNKI.

Your ability to access the Services does not mean that the Services are available, appropriate, or lawful in your jurisdiction.

Your ability to access the Services, connect a wallet, or view or interact with any feature does not create any representation, warranty, or assurance by FUNKI regarding legality, availability, suitability, or compliance in your jurisdiction.

The Services are made available on a global, non-targeted basis, and nothing in the Services is intended to target, solicit, or actively market to any person in any specific jurisdiction where the relevant Services, features, or functionality would be unlawful, restricted, or require authorization not obtained by FUNKI.

FUNKI may, at any time and in its sole discretion, modify, suspend, disable, discontinue, replace, or limit any part of the Services, including any feature, functionality, content, interface, protocol access, integration, or availability, with or without notice.

FUNKI shall not be liable to you or any third party for any modification, suspension, discontinuation, or limitation of the Services.

The Services may provide access or connectivity to third-party services, applications, protocols, infrastructure, or decentralized applications ("Third-Party Services"). FUNKI does not own or control such Third-Party Services and is not responsible for their availability, legality, content, functionality, security, performance, or compliance.

Your use of any Third-Party Services is entirely at your own risk and subject to the terms, policies, and practices of the relevant third party. FUNKI is not responsible for any losses, damages, liabilities, or disputes arising from or related to your use of Third-Party Services.

Certain Services may require you to use a compatible non-custodial digital wallet. You are solely responsible for maintaining the security, confidentiality, and control of your wallet, private keys, seed phrases, credentials, devices, and related access methods.

FUNKI does not custody your wallet, private keys, seed phrases, or digital assets, and cannot recover or restore access if you lose control of them.

You acknowledge that transactions involving wallets, smart contracts, or blockchain networks may be irreversible.

You acknowledge and accept all risks associated with blockchain networks, digital assets, smart contracts, wallets, third-party services, bridge-related functionality, network congestion, technological failures, pricing volatility, cyber incidents, and regulatory changes.

You further acknowledge that:

• blockchain transactions may be irreversible;
• smart contracts may contain bugs, defects, vulnerabilities, or unintended consequences;
• digital assets may lose value or functionality;
• third-party services may fail, become unavailable, or behave unexpectedly; and
• the legality, availability, and permissible scope of the Services may vary by jurisdiction and may change at any time.

You assume full responsibility for all risks arising from your access to and use of the Services.

You may not:

• access or use the Services from, in, or on behalf of any jurisdiction where such access or use is prohibited, restricted, sanctioned, or otherwise unlawful;
• circumvent or attempt to circumvent any geo-blocking, IP-based restriction, jurisdiction-based restriction, screening measure, compliance control, or other access control implemented by FUNKI, including through the use of a VPN, proxy service, relay, false geolocation data, or similar method;
• use the Services in any manner that could cause FUNKI or any of its affiliates, service providers, or counterparties to violate applicable law, sanctions requirements, export controls, licensing conditions, or other regulatory obligations;
• use the Services for unlawful, fraudulent, deceptive, abusive, or manipulative purposes;
• interfere with, disrupt, overload, impair, or compromise the integrity, security, or proper functioning of the Services;
• introduce malicious code, viruses, malware, or harmful software into or through the Services;
• reverse engineer, decompile, disassemble, copy, scrape, or otherwise misuse the Services except as expressly permitted by law;
• impersonate any person or entity or misrepresent your affiliation, jurisdiction, or eligibility;
• use the Services in a manner that infringes third-party rights; or
• assist, encourage, or permit any third party to engage in any prohibited activity.

The Services, including all software, code, interfaces, technology, content, text, graphics, logos, designs, databases, compilations, and related materials made available by FUNKI ("FUNKI Content"), are owned by or licensed to FUNKI and are protected by applicable intellectual property laws.

Subject to your compliance with these Terms, FUNKI grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for lawful, personal, or internal business purposes.

You may not use FUNKI’s names, logos, marks, or branding without FUNKI’s prior written consent.

Your use of the Services is also subject to the FUNKI Privacy Policy, as updated from time to time. By accessing or using the Services, you acknowledge that you have read and understood the Privacy Policy.

The Services are provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, to the fullest extent permitted by law.

FUNKI disclaims all warranties, including any warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, availability, security, uninterrupted operation, or error-free performance.

Without limiting the foregoing, FUNKI makes no representation or warranty that:

• the Services will be available at any particular time or in any particular jurisdiction;
• the Services will be lawful for your use in your jurisdiction;
• any feature or functionality will continue to be offered;
• any transaction, interaction, or technical process will be completed successfully; or
• any content or information made available through the Services is accurate, complete, or current.

To the fullest extent permitted by applicable law, FUNKI and its affiliates, directors, officers, employees, agents, licensors, and service providers shall not be liable for any indirect, incidental, special, consequential, punitive, or similar damages, or for any loss of profits, revenues, business opportunity, goodwill, data, digital assets, or other intangible losses arising out of or related to:

• your access to or use of, or inability to access or use, the Services;
• any Third-Party Services;
• any wallet, smart contract, blockchain, or digital asset issue;
• any denial, suspension, restriction, or termination of access;
• any legal, regulatory, or jurisdictional restriction affecting the Services; or
• any unauthorized access, cyber incident, bug, exploit, system failure, or technical malfunction.

You agree to defend, indemnify, and hold harmless FUNKI, its affiliates, and their respective directors, officers, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable legal fees, arising out of or relating to:

• your access to or use of the Services;
• your violation of these Terms;
• your violation of applicable law or third-party rights; or
• any dispute, claim, or investigation arising from your conduct.

FUNKI may, at any time and in its sole discretion, restrict, suspend, disable, deny, or terminate access to the Services or any part thereof for legal, regulatory, compliance, sanctions, security, technical, operational, product, or jurisdiction-related reasons, with or without prior notice.

FUNKI may terminate or suspend your access to the Services at any time, with or without notice, if FUNKI determines, in its sole discretion, that:

• your access to or use of the Services violates these Terms;
• your conduct creates legal, regulatory, sanctions, security, compliance, technical, or operational risk; or
• your access to or use of the Services is prohibited, restricted, or otherwise unlawful.

Upon termination, the rights granted to you under these Terms will immediately cease.

Certain Services, features, or functionality may be subject to additional or service-specific terms, policies, notices, or eligibility requirements. In the event of any conflict between these Terms and any service-specific terms, the service-specific terms shall govern with respect to the relevant Service, feature, or functionality.

These Terms shall be governed by and construed in accordance with the laws of the British Virgin Islands, without regard to conflict of laws principles.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved exclusively by binding arbitration, unless otherwise required by applicable law.

The seat, rules, language, and procedure of arbitration may be specified by FUNKI in a dispute notice or in a service-specific notice, provided that such procedure is commercially reasonable and legally enforceable.

Nothing in these Terms prevents FUNKI from seeking injunctive or equitable relief in any court of competent jurisdiction where necessary to protect its rights or prevent harm.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

FUNKI’s failure to enforce any right or provision under these Terms shall not constitute a waiver of that right or provision.

These Terms, together with any policies or documents incorporated by reference, constitute the entire agreement between you and FUNKI regarding the Services and supersede all prior or contemporaneous understandings relating to the Services.

If you have questions regarding these Terms, please contact: [email protected]