These Terms of Use (“Terms”) govern your access to and use of the Kickoff website, platform, tools, smart contract integrations, marketing services, and related services (collectively, the “Platform” or “Services”).

These Terms constitute a legally binding agreement between you (“User,” “You,” or “Your”) and Kickoff (“Kickoff,” “Company,” “We,” “Us,” or “Our”).

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.

#1. Eligibility & Representations

By using the Platform, you represent and warrant that:

• You are at least 18 years old and legally capable of entering into a binding contract.
• You are not subject to sanctions or located in a sanctioned jurisdiction.
• Your use of the Platform is lawful in your jurisdiction.
• You will not use the Platform in violation of securities, commodities, or financial laws.
• You are not using the Platform to conduct illegal offerings or unlawful solicitations.
• If acting on behalf of an entity, you are authorized to bind that entity.

You agree that any violation of these representations may result in immediate suspension or termination.

#2. Nature of Services

Kickoff provides software tools and marketing support services to independent third-party blockchain projects.

Kickoff:

• Is not a token issuer
• Does not sell digital assets
• Is not a broker, dealer, exchange, or investment adviser
• Does not underwrite offerings
• Does not custody user assets
• Does not execute trades
• Does not control blockchain networks

All digital asset transactions occur directly between users and third-party smart contracts or project teams. Kickoff is not a party to any transaction between users and projects.

#3. No Investment Advice or Solicitation

Nothing on the Platform constitutes:

• Investment advice
• A securities offering
• A solicitation to buy or sell securities
• A recommendation to acquire digital assets

All interactions are initiated solely by users at their own discretion. Kickoff does not conduct suitability analysis or due diligence on behalf of users.

#4. Assumption of Risk

You acknowledge and accept that:

• Digital assets are highly speculative.
• Tokens may lose all value.
• Regulatory authorities may classify tokens as securities.
• Smart contracts may contain vulnerabilities and you may lose all deposited funds.
• Liquidity may be insufficient or disappear.
• Market manipulation may occur.
• Projects may fail or act fraudulently.

You assume all risks associated with your use of the Platform.

#5. No Control Over Projects

Kickoff does not:

• Control project management
• Verify project legality
• Guarantee project compliance
• Approve token classifications
• Guarantee accuracy of project information

Projects are independent third parties solely responsible for their actions.

#6. Non-Custodial Acknowledgment

Kickoff:

• Does not hold private keys
• Does not control wallets
• Cannot reverse blockchain transactions
• Cannot recover lost funds

You are solely responsible for safeguarding your wallet credentials.

#7. Platform Modifications & Termination

Kickoff may, at its sole discretion and without notice:

• Modify the Platform
• Add or remove features
• Suspend services
• Terminate user access
• Refuse service to any person

Kickoff has no obligation to maintain the Platform in any particular state.

#8. Prohibited Conduct

You agree not to:

• Engage in fraud
• Conduct unregistered securities offerings
• Manipulate markets
• Use the Platform for money laundering
• Scrape data
• Interfere with system security
• Misrepresent project information
• Violate applicable laws

Kickoff reserves the right to cooperate with regulatory authorities.

#9. Indemnification

You agree to defend, indemnify, and hold harmless Kickoff and its officers, directors, employees, contractors, and affiliates from any claims, liabilities, damages, penalties, losses, or expenses (including legal fees) arising from:

• Your use of the Platform
• Your violation of these Terms
• Your violation of applicable laws
• Any regulatory investigation related to your conduct
• Any claims related to projects you launch or promote

This indemnification survives termination.

#10. Disclaimer of Warranties

The Platform is provided “as is” and “as available.”

Kickoff disclaims all warranties, including:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Continuous availability
• Security or error-free operation

Kickoff does not guarantee:

• Project legitimacy
• Token performance
• Regulatory compliance
• Market liquidity

#11. Limitation of Liability

To the maximum extent permitted by law, Kickoff shall not be liable for:

• Loss of funds
• Market losses
• Lost profits
• Lost data
• Regulatory penalties
• Project misconduct
• Smart contract failures
• Indirect, incidental, or consequential damages

Total aggregate liability shall not exceed $100 USD. You waive any claim exceeding this amount.

#12. No Fiduciary Duties

Nothing in these Terms creates:

• A fiduciary relationship
• A partnership
• A joint venture
• An agency relationship

Kickoff owes no fiduciary duties to users or projects.

#13. Regulatory Cooperation

Kickoff reserves the right to:

• Comply with regulatory requests
• Disclose information as required by law
• Restrict access in response to legal concerns

Use of the Platform does not guarantee immunity from regulatory action.

#14. Arbitration & Class Action Waiver

Any dispute arising out of or relating to these Terms or the Platform shall be resolved through binding arbitration administered by JAMS under its Comprehensive Arbitration Rules.

Arbitration shall be conducted on an individual basis. You waive:

• Jury trial rights
• Participation in class actions
• Representative proceedings

If class waiver is deemed unenforceable, arbitration shall not proceed.

#15. Governing Law

These Terms shall be governed by the laws of the applicable jurisdiction, without regard to conflict of law principles.

#16. Severability

If any provision is found unenforceable, remaining provisions remain in full force.

#17. Entire Agreement

These Terms, together with the Legal Disclosure and Privacy Policy, constitute the entire agreement between You and Kickoff.