🎃👑 Terms of Use
Last Modified: October 25, 2024
Introduction
Welcome to PumpKing - Bundler & Launch Bot on PumpFun (hereinafter referred to as "PumpKing," "we," "us," or "our"). By accessing or using our Telegram bot (the "Bot") and related services (collectively, the "Services"), you agree to be bound by these Terms of Use ("Terms") and our Privacy Policy, which is incorporated herein by reference. If you do not agree with these Terms, please do not use the Services.
User Control and Decentralization
No Custody of User Funds: We do not hold users' funds. When creating or adding wallets, users receive private keys and retain full control over their transactions and assets associated with these wallets. We do not have access to these keys and do not interfere with user operations.
Decentralized Utility: Our service is not an exchange and does not provide financial services. The Bot functions solely as a utility, providing access to decentralized systems and enabling users to interact with external platforms, such as pump.fun.
Private Key Management
When you create or add wallets through our Services, we generate and store your private keys solely for the purpose of facilitating specific actions within the Bot. This storage is only applicable to wallets created on the Telegram Bot and is necessary to provide you with the intended functionalities of the Services. We provide you with your private keys, granting you full control over your transactions and assets associated with these wallets.
Transmission and Security of Private Keys
You acknowledge and agree that the private keys will be transmitted to you unencrypted through Telegram or other communication channels. While we store your private keys to enable certain features, we do not provide custodial services, and you are solely responsible for the security of your private keys and seed phrases after they have been provided to you.
User Responsibility
Security Measures: You are solely responsible for maintaining the confidentiality and security of your private keys and seed phrases. If you lose access to your private keys or seed phrases, you may permanently lose access to your digital assets.
Assumption of Risk: You understand and accept the risks associated with transmitting private keys over the internet, including the potential for unauthorized access or interception by third parties.
No Recovery Assistance: We do not store backup copies of your private keys accessible to you and cannot assist you in recovering them if lost.
Acknowledgment of Risks
By using the Services, you acknowledge and accept the following risks:
Security Risks: The transmission and storage of private keys involve inherent security risks. Unauthorized parties may gain access to your private keys, resulting in the loss of your digital assets.
Technological Risks: Our Services rely on third-party technologies, networks, and protocols over which we have no control. Malfunctions, bugs, or changes in these technologies may affect your access to or control over your digital assets.
Limitation of Liability
We make no representations or warranties regarding the security or safety of your private keys, seed phrases, or digital assets. You agree to release and hold harmless PumpKing and its affiliates, officers, directors, employees, agents, and licensors (collectively, the "Company Parties") from and against any and all losses, liabilities, or damages arising from:
The loss or theft of your private keys or seed phrases.
Unauthorized access to your digital wallets or assets.
Any interruption or cessation of transmission to or from the Services.
Decentralized Utility
Our Services function solely as a utility, providing access to decentralized systems and enabling you to interact with external platforms, such as pump.fun. We are not an exchange and do not provide financial services. We do not process transactions or hold custody of any digital assets beyond the temporary storage of private keys as described above.
Restricted Jurisdictions and Users*
Eligibility
The Services are not intended for use by individuals or entities who reside in, are citizens of, are located in, are incorporated in, or have a registered office or principal place of business in the United States, or any other jurisdiction where cryptocurrency operations are regulated or prohibited, including but not limited to Algeria, Cuba, North Korea, and other countries subject to sanctions or restrictions pursuant to any applicable law (collectively, "Restricted Jurisdictions").
Prohibition of Use
If you are located in or are a resident of a Restricted Jurisdiction, or are otherwise a Restricted Person (as defined below), you are strictly prohibited from accessing or using the Services. Use of any technology or mechanism, such as a Virtual Private Network ("VPN"), to circumvent or attempt to circumvent the restrictions set forth herein is strictly prohibited.
By accessing or using the Services, you represent and warrant that:
You are not a Restricted Person.
You will not use the Services from within any Restricted Jurisdiction.
Definition of Restricted Persons
"Restricted Persons" means any individual or entity that is:
A resident, citizen, or national of a Restricted Jurisdiction.
Subject to any sanctions list maintained by the United Nations, United States, European Union, United Kingdom, or any other governmental authority.
Owned or controlled by, or acting on behalf of, any person or entity described above.
Information Collection and Use
We may collect minimal personal information, such as identifiers, your Solana wallet address, transaction history, and trading data on pump.fun. This data is collected to enable access to the Services, improve performance, enhance security, and personalize content. Please refer to our Privacy Policy for more information on how we collect, use, and protect your information.
Intellectual Property Rights
Ownership
PumpKing and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by PumpKing, its licensors, or other providers of such material and are protected by international intellectual property laws.
License Grant
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use.
Restrictions
You must not:
Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content, software, products, or services obtained from the Services.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.
Trademarks
PumpKing and all related names, logos, product and service names, designs, and slogans are trademarks of PumpKing or its affiliates or licensors. You must not use such marks without the prior written permission of PumpKing. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
Feedback
You may from time to time provide us with feedback, suggestions, or ideas ("Feedback") regarding the Services. By providing any Feedback, you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable right and license to use, reproduce, modify, perform, display, distribute, and otherwise exploit the Feedback for any purpose.
You represent and warrant that:
You own or control all rights in and to the Feedback and have the right to grant the license granted above.
All of your Feedback does and will comply with these Terms.
Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to:
Use the Services in any way that violates any applicable federal, state, local, or international law or regulation.
Exploit, harm, or attempt to exploit or harm minors in any way.
Transmit or procure the sending of any advertising or promotional material without our prior written consent.
Impersonate or attempt to impersonate PumpKing, a PumpKing employee, another user, or any other person or entity.
Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services.
Additionally, you agree not to:
Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services.
Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose.
Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services.
Use any technology or mechanism to circumvent any content protection measures or access control technology associated with the Services.
Third-Party Services and DEX Disclaimer
PumpKing serves solely as a utility to facilitate interaction with decentralized systems, including but not limited to third-party services, decentralized exchanges ("DEXs"), and other decentralized technologies over which we have no control or influence.
Third-Party Control
Transactions, trades, or any other interactions initiated through our Services are processed through third-party infrastructures and technologies. PumpKing does not operate as a DEX, broker, or exchange, and does not host, execute, or process transactions on its own infrastructure. Any third-party services, including DEXs accessed through our Services, operate independently of PumpKing.
Limited Liability
We are not responsible for any losses, errors, or issues that may arise from the use of third-party DEXs or services, including but not limited to failed transactions, security breaches, or issues with third-party protocol functionality. PumpKing expressly disclaims any liability arising from reliance on, or interactions with, such third-party services.
No Warranty on Third-Party Services
PumpKing makes no guarantees regarding the quality, security, availability, or accuracy of any third-party service accessed through our Services. Your use of such services is at your own risk, and you are responsible for reviewing and understanding the applicable terms of each third-party service. PumpKing is not liable for any losses incurred as a result of the performance or inaccessibility of these third-party services.
Third-Party Terms and Conditions
By engaging with third-party services through our Services, you agree to comply with their respective terms and conditions. We do not provide these terms on our platform, and it is your responsibility to seek out and review these terms. Any failure to adhere to third-party conditions may result in the loss of access or additional liabilities, which are solely your responsibility.
No Financial or Investment Advice
The Services are not registered with or licensed by any regulatory authority. We do not act as your financial advisor, investment manager, or broker, and do not provide any financial, investment, tax, legal, or securities advice. All transactions are initiated solely by you, and you are solely responsible for your investment decisions. You acknowledge that digital assets are volatile and risky, and you assume all risks associated with trading or holding digital assets.
Risks Associated with Digital Assets
You acknowledge and agree that:
Volatility: Digital assets are subject to high volatility and speculative risk.
Regulatory Uncertainty: The legal and regulatory framework governing digital assets is uncertain and may change.
Technological Risks: Digital asset technologies, including blockchain and smart contracts, are experimental and subject to technological risks.
Security Risks: Unauthorized parties may attempt to gain access to your private keys or digital assets.
You accept all risks associated with the use of the Services and digital assets and agree that PumpKing is not responsible for any losses you may incur.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will PumpKing, its affiliates, or their respective licensors, service providers, employees, agents, officers, or directors (collectively, the "Company Parties") be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Services, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to loss of profits, loss of data, or other damages, even if foreseeable.
Refunds and Cancellations
No Refund for Fully Provided Services
Once the Services have been provided, including the successful launch of a token using the Bundler (which may involve token issuance, purchase, and the option to sell through the Bundler), no refunds will be issued. You acknowledge and agree that any amounts paid by you are final and non-refundable once the Services have been rendered in this manner.
Disclaimer of Warranties
Your use of the Services is at your own risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind. We disclaim all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that:
The Services will meet your requirements.
The Services will be uninterrupted, timely, secure, or error-free.
The results that may be obtained from the use of the Services will be accurate or reliable.
Indemnification
You agree to defend, indemnify, and hold harmless the Company Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
Your violation of these Terms.
Your use of the Services.
Your violation of any law or the rights of any third party.
Arbitration and Dispute Resolution
Informal Dispute Resolution
In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Services, you agree to first attempt to resolve the dispute amicably by contacting us at Support — @PumpKingSupportBot.
Binding Arbitration
If the dispute is not resolved within sixty (60) days, either party may elect to have the dispute finally resolved by binding arbitration. The arbitration will be conducted confidentially in accordance with the rules of an established arbitration organization agreed upon by the parties.
Arbitration Terms
Seat of Arbitration: The seat of arbitration shall be determined by mutual agreement of the parties.
Language: The arbitration shall be conducted in English.
Confidentiality: All proceedings shall be confidential.
Governing Law
All matters relating to the Services and these Terms, and any dispute or claim arising therefrom, shall be governed by and construed in accordance with applicable laws without regard to any choice or conflict of law provisions.
Class Action Waiver; Jury Trial Waiver
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You hereby waive any right to a jury trial in any legal proceeding arising out of or related to these Terms or the Services.
Taxes
You are solely responsible for determining what, if any, taxes apply to your transactions involving digital assets. PumpKing is not responsible for determining the taxes that apply to your transactions and does not act as a tax agent.
Changes to the Services
We reserve the right to withdraw or amend the Services, and any service or material we provide, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.
Termination
We may terminate or suspend your access to and use of the Services at any time, for any reason or no reason, in our sole discretion and without notice.
Data Security
We take reasonable measures to protect your personal information, but we cannot guarantee the absolute security of data transmitted over the internet. Your use of the Services and any transmission of data is at your own risk.
Changes to Terms of Use
We reserve the right to modify these Terms at any time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.
Waiver and Severability
No waiver by PumpKing of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, such provision shall be eliminated or limited, and the remaining provisions of the Terms will continue in full force and effect.
Entire Agreement
These Terms and our Privacy Policy constitute the sole and entire agreement between you and PumpKing regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
Contact Information
If you have any questions or concerns about these Terms or the Services, please contact Support at @PumpKingSupportBot.
By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.
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