TERMS OF USE

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS. PLEASE READ THE AGREEMENT CAREFULLY BEFORE USING OUR SITE AND SERVICES.

IF YOU DO NOT AGREE TO OUR TERMS, THEN YOU MAY NOT ACCESS OR USE OUR SITE AND SERVICES.

The F9 Launchdapp. ("The Launchdapp", "we", "us", or "our") is the leading blockchain decentralized Launchdapp. With a focus on utilizing decentralized technologies, such as Ethereum, by which our Launchdapp is powering a revolution in token and NFT launches, and helping to optimize initial decentralized offering processes.

The Launchdapp hosts a domain website, www.launchdapp.io, that serves information regarding The Launchdapp and our offerings, as well as sub-domains for our offerings (the "Site"), which include text, images, audio, code and other materials or third party information.

These Terms of Use (the "Terms", "Terms of Use" or "Agreement") contain the terms and conditions that govern your access to and use of our Site and Services (as defined below) provided by us and is an agreement between us and you or the entity you represent ("you" or "your").

Please read these Terms of Use carefully before using our Site or Services. By using the Site, or clicking a button or checkbox to accept or agree to these Terms where that option is made available or, completing an order form for Services, or, if earlier, using or otherwise accessing the Services (the "Effective Date"), you (1) accept and agree to these Terms and any additional terms, rules and conditions of participation issued by The Launchdapp from time to time and (2) consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy.

1. The Services

1.1 Generally. You may access and use our Services in accordance with this Agreement. You agree to comply with the terms of this Agreement and all laws, rules and regulations applicable to your use of our Service Offerings.

1.2 Offerings and Access. The Launchdapp offers a number of products (each a "Service"). Services are accessed through the Site.

2. Changes

2.1 To the Services. We may change or discontinue any or all of the Services or change or remove functionality of any or all of the Services. For any discontinuation of or material change to a Service, we will not continue supporting the previous version of the Service after the change or discontinuation, especially if doing so (a) would pose a security or intellectual property issue, (b) is economically or technically burdensome, or (c) would cause us to violate the law or requests of governmental entities.

2.2 To this Agreement. We reserve the right, at our sole discretion, to modify or replace any part of this Agreement (including any Policies) at any time.

IT IS YOUR RESPONSIBILITY TO CHECK THIS AGREEMENT PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF OR ACCESS TO THE SERVICES FOLLOWING THE POSTING OF ANY CHANGES TO THIS AGREEMENT CONSTITUTES ACCEPTANCE OF THOSE CHANGES.

3. Your Responsibilities

3.1 Your Activity. You, (a) are responsible for all activities that occur under your Use, regardless of whether the activities are authorized by you or undertaken by you, your employees or a third party (including your contractors, agents or End Users), and (b) we and our affiliates are not responsible for unauthorized access to our Services.

3.2 Your Use. You will ensure that Your Use of the Services does not violate any applicable law. You are solely responsible for Your Use of the Services.

3.3 Your Security. You are responsible for properly configuring and using the Services and otherwise taking appropriate action to provide appropriate security and protection, which might include use of encryption.

4. Temporary Suspension.

4.1 Generally. We may suspend Your right to access or use any portion or all of our Services immediately without notice to you if we determine:

(a) your use of the Services (i) poses a security risk to the Services or any third party, (ii) could adversely impact our systems, the Services or the systems of any other user, (iii) could subject us, our affiliates, or any third party to liability, or (iv) could be fraudulent;

(b) you are, or any End User is, in breach of this Agreement;

4.2 Effect of Suspension. If we suspend your right to access or use any portion or all of the Services:

(a) you remain responsible for all losses you incur during the period of suspension; and

(b) you will not be entitled to any service credits for any period of suspension.

4.3 Limiting Usage of Services. If applicable to a particular Service, we retain sole discretion to limit your usage of the Services, including limiting without limitation your usage of all the Services.

5. Term; Termination

5.1 Term. The term of this Agreement will commence on the Effective Date and will remain in effect until terminated under this Section 5.

5.2 Termination.

(a) Termination for Convenience. You may terminate this Agreement for any reason by ceasing use of Our Services. In addition, we may terminate this Agreement for any reason by ceasing Your use of Our Services.

(b) Termination for Cause.

(i) By Either Party. Either party may terminate this Agreement for cause if the other party is in breach of this Agreement.

(ii) By Us. We may also terminate this Agreement immediately (A) for cause if we have the right to suspend under Section 4, (B) if our relationship with a third-party partner who provides contracts, code or other technology we use to provide the Services expires, terminates or requires us to change the way we provide this part of the Services, or (C) in order to comply with the law or requests of governmental entities.

5.3 Effect of Termination. Upon the Termination Date:

(i) all your rights under this Agreement immediately terminate;

(ii) you remain responsible for your losses incurred through the Termination Date and are responsible for any losses incurred during the post-termination period;

(iii) All Sections will continue to apply in accordance with their terms.

For any use of the Services after the Termination Date, the terms of this Agreement will again apply immediately.

6. Disclaimers; Risk

9.1 DISCLAIMER. THE SERVICE OFFERINGS ARE PROVIDED “AS IS”. EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, WE AND OUR AFFILIATES (A) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE OFFERINGS, AND (B) DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE, (III) THAT THE SERVICE OFFERINGS WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED.

9.2 RISKS. OUR SERVICES RELY ON EMERGING TECHNOLOGIES, SUCH AS ETHEREUM. SOME SERVICES ARE SUBJECT TO INCREASED RISK THROUGH YOUR POTENTIAL MISUSE OF THINGS SUCH AS PUBLIC/PRIVATE KEY CRYPTOGRAPHY. BY USING THE SITE AND SERVICES YOU EXPLICITLY ACKNOWLEDGE AND ACCEPT THESE HEIGHTENED RISKS.

7. Limitations of Liability

7.1 Limitation of Liability. BY USING THE SITE AND SERVICES YOU AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE LAUNCHDAPP, INCLUDING, SMART CONTRACTS AND CODE, LINKS OR ITEMS ON THE WEBSITE, AND ITS SUPPLIERS OR ITS THIRD PARTY AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE LAUNCHDAPP OR ANY PROVISION OF TERMS.

YOU AGREE THAT WE ARE NOT LIABLE FOR YOUR ACTIONS.
YOU AGREE TO USE THE SITE AND SERVICES FULLY AT YOUR OWN RISK.
YOU AGREE THAT THE LAUNCHDAPP IS BEING PROVIDED AS IS.

YOU AGREE THERE CAN BE NO ASSURANCE THAT THE LAUNCHDAPP WILL WORK AS INTENDED, AND YOU MAY EXPERIENCE DELAYS, FAILURES, ERRORS, OMISSIONS OR COMPLETE LOSS OF TRANSMITTED INFORMATION. YOU AGREE THAT THE LAUNCHDAPP CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS.

YOU AGREE THAT USING THE LAUNCHDAPP SHOULD BE CONDUCTED ALWAYS IN ACCORDANCE WITH APPLICABLE LAWS.- YOU AGREE TO REPRESENT AND WARRANT THAT YOU ARE IN COMPLIANCE WITH LOCAL AND FOREIGN LAWS.

YOU AGREE THAT NOTHING IN THESE TERMS SHOULD BE CONSTRUED AS INVESTMENT ADVICE OR LEGAL ADVICE FOR ANY PARTICULAR FACTS OR CIRCUMSTANCES, AND IS NOT MEANT TO REPLACE COMPETENT FINANCIAL AND LEGAL COUNSEL.

YOU AGREE THAT FOR ANY QUESTIONS OR CONCERNS WITH RESPECT THERETO, YOU SHOULD CONTACT A REPUTABLE FINANCIAL OR LEGAL COUNSELOR IN YOUR JURISDICTION.

8. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

8.1 Binding Arbitration. Any dispute, claim or controversy ("Claim") relating in any way to this Agreement, the Site, or your use of the Services will be resolved by binding arbitration as provided in this Section 8, rather than in court.

8.2 Class Action Waiver. YOU EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.

9. Miscellaneous

9.1 Assignment. You will not assign or otherwise transfer this Agreement or any of your rights and obligations under this Agreement. Any assignment or transfer in violation of this Section 9.1 will be void.

9.2 Entire Agreement and Modifications. This Agreement incorporates the Policies by reference and is the entire agreement between you and us regarding the subject matter of this Agreement. If the terms of this document are inconsistent with the terms contained in any Policy, the terms contained in this document will control. Any modification to the terms of this Agreement may only be made in writing.

9.3 Force Majeure. Neither party nor their respective affiliates will be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond such party’s reasonable control, including but not limited to acts of God, utilities or other telecommunications failures, cyber attacks, earthquake, storms or other elements of nature, pandemics, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

9.6 Eligibility. If you are under the age of majority in your jurisdiction of residence, you may not use the Site or Services, even not with the consent of or under the supervision of your parent or legal guardian.

NOTICE TO PARENTS AND GUARDIANS: By granting your minor permission to access the Site or Services, you agree to these Terms of Use on behalf of your minor. You are responsible for exercising supervision over your minor’s online activities. If you agree to these Terms of Use, YOU DO NOT LET YOUR MINOR USE OUR SITE OR SERVICES.

9.7 Language. All communications and notices made or given pursuant to this Agreement must be in the English language. If we provide a translation of the English language version of this Agreement, the English language version of the Agreement will control if there is any conflict.

9.8 No Third-Party Beneficiaries. Except as otherwise set forth herein, this Agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to this Agreement.

9.9 No Waivers. The failure by us to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.

9.10 Severability. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement but the rest of the Agreement will remain in full force and effect.

10. Definitions

"Use Policy" means the policy set forth below, as it may be updated by us from time to time. You agree not to, and not to allow third parties to, use our Services:

  1. to violate, or encourage the violation of, the legal rights of others;
  2. to engage in, promote or encourage any illegal or harmful activity or infringing, offensive or harmful content;
  3. for any unlawful, invasive, infringing, defamatory or fraudulent purpose;
  4. to intentionally distribute items of a destructive or deceptive nature;
  5. to interfere with the use of our Services;
  6. to disable, interfere with or circumvent any aspect of our Services;
  7. to use our Services, or any interfaces provided with the Services, to access any other product or service in a manner that violates our terms or the terms of service of such other product or service.

"Content" means code, data, text, audio, video or images and any documentation we offer for the Services.

"End User" means any individual or entity that directly or indirectly through another user: (a) accesses our Services; or (b) otherwise accesses or uses the Service Offerings.

"Losses" means any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees.’

"Policies" means this Agreement, and any supplemental policies or addendums applicable to any Service as provided to you, and any other policy or terms referenced in or incorporated into this Agreement, each as may be updated by us from time to time.

"Privacy Policy" means the privacy policy located at https://f9launch.com/privacy-policy (and any successor or related locations designated by us), as it may be updated by us from time to time.

"Service" means each of the services and any other features, tools, materials, or services offered from time to time, by us or our affiliates.

"Service Offerings" means our Services, and any other product or service provided by us under this Agreement.

"Term" means the term of this Agreement.

"Termination Date" means the effective date of termination