Terms of Service
The terms that govern your access to and use of the Coinwave website, application and services.
These Terms of Service (the "Terms") constitute a legally binding agreement between you and Coinwave ("Coinwave", "we", "us" or "our") governing your access to and use of the website at coinwave.gg, the Coinwave application and any related services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.
You must be at least 18 years old, or the age of majority in your jurisdiction, and have the legal capacity to enter into these Terms. By using the Services, you represent and warrant that you meet these requirements and that you are not located in, or a resident or national of, any jurisdiction where use of the Services is prohibited, and that you are not the subject of any sanctions administered by any governmental authority.
Coinwave complies with the economic sanctions laws of the United States, including those administered by the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC"). The Services are not available in, and may not be accessed or used from, any country or region subject to comprehensive U.S. sanctions or embargoes, including Cuba, Iran, North Korea, Syria and the Crimea, Donetsk and Luhansk regions of Ukraine (each, a "Restricted Jurisdiction").
By using the Services, you represent and warrant that:
- You are not located in, organised in, or a resident or national of any Restricted Jurisdiction;
- You are not listed on, or owned or controlled by any person listed on, the OFAC Specially Designated Nationals and Blocked Persons List or any other sanctions list maintained by the United States or any other applicable authority;
- You will not use the Services on behalf of, or for the benefit of, any person or entity described above; and
- You will not use a virtual private network, proxy or any other means to circumvent restrictions on access to the Services.
We may use geolocation and other tools to restrict access from Restricted Jurisdictions, and we may update the list of Restricted Jurisdictions at any time. If we determine or reasonably suspect that you are in breach of this section, we may immediately suspend or terminate your access to the Services and take any other action required by applicable law.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate information, keep it up to date, and notify us promptly of any unauthorised access to or use of your account.
The Services allow you to create, import and manage blockchain wallets and to interact with digital assets and third-party protocols. You acknowledge that:
- Transactions on blockchain networks are irreversible once confirmed, and Coinwave cannot cancel, reverse or modify them;
- Coinwave stores the private keys of wallets you create or import in encrypted form on our systems, and uses them only to sign transactions and perform actions you request through the Services;
- You may export a wallet's private key at any time and use it to control that wallet independently of Coinwave. You are solely responsible for securing any private key you export; anyone with access to a private key can control the associated wallet, and Coinwave cannot recover assets moved using an exported key;
- Digital assets are highly volatile and may lose some or all of their value; and
- Network fees, third-party protocol fees and other charges may apply to transactions and are outside our control.
Certain features of the Services may be subject to fees. Applicable fees will be disclosed to you before you confirm the relevant action. Unless otherwise stated, fees are non-refundable. We may change our fees at any time, and changes will apply to actions taken after the change takes effect.
You agree not to use the Services to:
- Violate any applicable law, regulation or third-party right;
- Engage in fraud, market manipulation, wash trading, pump-and-dump schemes or other deceptive or manipulative practices;
- Launder money, finance terrorism or evade sanctions;
- Infringe the intellectual property rights of others, including by launching tokens that impersonate other persons, brands or projects;
- Interfere with, disrupt or attempt to gain unauthorised access to the Services or related systems;
- Reverse engineer, scrape or copy any part of the Services except as permitted by law;
- Access the Services through bots, scripts, crawlers or other automated means not provided by Coinwave, exceed any rate limits, or place an unreasonable load on our infrastructure, except through automation features we make available within the Services;
- Create multiple accounts to abuse referral rewards, promotions or limits, or otherwise circumvent restrictions we place on the Services; or
- Use the Services in any manner that could harm Coinwave, our users or third parties.
We take the security of the Services seriously and use commercially reasonable measures designed to protect them. However, no system is completely secure. The Services, the wallets and digital assets you manage through them, and the blockchain networks and third-party services they rely on may be subject to hacks, exploits, vulnerabilities, outages, smart contract failures and other security incidents. You acknowledge that we do not guarantee the security of the Services or of any digital assets, and to the maximum extent permitted by law, Coinwave is not liable for any loss arising from any such incident.
The Services may integrate with or link to third-party protocols, launchpads, exchanges, wallets and other services that we do not own or control. Your use of third-party services is at your own risk and subject to their terms and policies. Coinwave is not responsible for the availability, accuracy, security or conduct of any third-party service.
Coinwave does not provide investment, financial, legal or tax advice. Nothing in the Services constitutes a recommendation to buy, sell or hold any digital asset. You are solely responsible for evaluating the risks of any transaction and should consult qualified professionals before making any decision. Coinwave does not act as your broker, agent, adviser or fiduciary, and owes you no fiduciary duties.
Coinwave provides software tools that allow you to interact with blockchain networks and third-party protocols. Coinwave is not a bank, broker-dealer, exchange, money transmitter, investment adviser or financial institution, and is not registered as any of these with any regulatory authority. Funds and digital assets held in wallets you manage through the Services are not deposits, and are not insured by the Federal Deposit Insurance Corporation (FDIC), the Securities Investor Protection Corporation (SIPC) or any other governmental or private insurer.
You understand and accept that using the Services and dealing in digital assets involves significant risk, and that you may lose some or all of the funds and digital assets you use with the Services. To the maximum extent permitted by law, Coinwave is not responsible for any loss of funds or digital assets, however caused, including losses resulting from:
- Market volatility, price movements, slippage, low liquidity or the loss of value of any digital asset;
- Tokens that fail, are abandoned, or are the subject of a "rug pull", scam, exploit or fraud by their creators or others;
- Front-running, sandwich attacks, MEV or other actions of third parties on blockchain networks;
- Failed, delayed, stuck, reverted or incorrectly executed transactions, including those caused by network congestion, fees or settings you choose;
- Errors you make, such as sending assets to the wrong address, choosing incorrect amounts or settings, or approving unintended transactions;
- Automated, scheduled or bulk actions you configure, which will run as instructed whether or not market conditions change;
- The loss, theft or compromise of your account credentials, devices or exported private keys;
- The failure, suspension, upgrade or malfunction of any blockchain network, smart contract, launchpad, exchange or other third-party service;
- Hacks, exploits, vulnerabilities or other security incidents affecting the Services or any third party; and
- Changes in law or regulation, or actions taken by governmental authorities.
You are solely responsible for your decisions and for any transactions made through your account. Coinwave does not insure, guarantee or reimburse any funds or digital assets.
The Services allow users to create and launch tokens. Coinwave is not the issuer, promoter or sponsor of any token created through the Services, does not review, verify or endorse any token or its creator, and makes no representation about its legitimacy, value or utility. Users who create tokens are solely responsible for them, including for compliance with applicable securities, consumer protection and other laws.
You are solely responsible for determining, reporting and paying any taxes that apply to your transactions and use of the Services. Coinwave does not provide tax advice and is not responsible for calculating, withholding or reporting taxes on your behalf, except where required by law.
Coinwave may offer a referral program that rewards you for inviting others to use the Services. Rewards, eligibility and program terms are determined by Coinwave in its sole discretion and may be changed, suspended or discontinued at any time without notice. Self-referrals, referrals through multiple or fake accounts, spam and any other abuse are prohibited, and may result in the forfeiture of rewards and the termination of your account. You are responsible for any taxes on rewards you receive.
The Services, including all software, designs, text, graphics, logos and trademarks, are owned by or licensed to Coinwave and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to use the Services for their intended purpose. You retain ownership of content you submit, and grant us a worldwide, royalty-free licence to use it as necessary to operate the Services.
Coinwave respects the intellectual property rights of others. If you believe content on the Services, including a token name, symbol, image or description, infringes your copyright or trademark, please send a notice to support@coinwave.gg that includes:
- Your physical or electronic signature;
- Identification of the copyrighted work or trademark you claim has been infringed;
- Identification of the infringing material and information reasonably sufficient for us to locate it;
- Your contact information, including your address, telephone number and email address;
- A statement that you have a good faith belief that the use is not authorised by the owner, its agent or the law; and
- A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorised to act on the owner's behalf.
We may remove or disable access to content that we believe infringes the rights of others, and we may terminate the accounts of users who repeatedly infringe.
If you provide us with any ideas, suggestions or other feedback about the Services, you grant Coinwave a perpetual, irrevocable, worldwide, royalty-free licence to use it for any purpose without restriction or compensation to you.
We may add, change, limit, suspend or discontinue any part of the Services, including any feature, supported network, launchpad or integration, at any time and without notice or liability to you.
We reserve the right, in our sole discretion, to suspend, restrict or terminate your account and your access to all or any part of the Services at any time, for any reason or no reason, with or without notice, and without liability to you. Reasons may include, without limitation, a suspected violation of these Terms or applicable law, a request by law enforcement or another governmental authority, security concerns, or the discontinuation of the Services. You may stop using the Services at any time. Provisions of these Terms that by their nature should survive termination will survive, including the sections on fees, intellectual property, disclaimers, limitation of liability, indemnification and dispute resolution.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OR GUARANTEE OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COINWAVE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, COINWAVE DOES NOT WARRANT OR GUARANTEE THAT: (A) THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) ANY TRANSACTION WILL BE EXECUTED, CONFIRMED OR COMPLETED AT ANY PARTICULAR PRICE, SPEED OR TIME; (C) ANY INFORMATION, PRICES OR DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE, COMPLETE OR CURRENT; (D) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (E) THE SERVICES WILL PRODUCE ANY PARTICULAR RESULT, PROFIT OR OUTCOME.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COINWAVE AND ITS AFFILIATES, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA OR DIGITAL ASSETS, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF THE FEES YOU PAID TO US IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE OR ONE HUNDRED US DOLLARS (US$100).
You agree to indemnify and hold harmless Coinwave and its affiliates, officers, employees and agents from any claims, liabilities, damages, losses and expenses, including reasonable legal fees, arising out of or relating to your use of the Services, your violation of these Terms or your violation of any rights of a third party.
Coinwave will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labour disputes, governmental actions, changes in law, pandemics, power or internet failures, failures of blockchain networks or third-party services, and cyberattacks.
These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Delaware, United States, and applicable U.S. federal law, including the Federal Arbitration Act, without regard to conflict of law principles.
- Binding arbitration
- You and Coinwave agree that any dispute, claim or controversy arising out of or relating to these Terms or the Services (a "Dispute") will be resolved exclusively by final and binding arbitration on an individual basis, rather than in court. The arbitration will be administered by the American Arbitration Association under its applicable rules, conducted in English, and held in Delaware or remotely. The arbitrator's decision will be final and may be entered as a judgment in any court of competent jurisdiction.
- Class action waiver
- YOU AND COINWAVE AGREE THAT EACH MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION OR PROCEEDING. The arbitrator may not consolidate the claims of more than one person or preside over any form of class or representative proceeding.
- Jury trial waiver
- YOU AND COINWAVE EACH WAIVE ANY RIGHT TO A TRIAL BY JURY.
- Exceptions
- Either party may bring an individual claim in small claims court within its jurisdictional limits, and either party may seek injunctive relief in court to protect its intellectual property rights.
- Informal resolution
- Before starting arbitration, you agree to first contact us at support@coinwave.gg with a description of your Dispute and attempt to resolve it informally for at least sixty (60) days.
- Mass arbitration
- If twenty-five (25) or more similar demands for arbitration are filed against Coinwave by or with the assistance of the same law firm or organisation, the demands will be administered in batches of no more than fifty (50), with only one batch proceeding at a time and the remaining demands held in abeyance. The parties agree that this procedure is fair and efficient, and that any statute of limitations will be tolled for demands held in abeyance.
- Opt-out
- You may opt out of this arbitration agreement by emailing support@coinwave.gg within thirty (30) days of first accepting these Terms, stating your name, the email address associated with your account and that you wish to opt out of arbitration. Opting out does not affect any other part of these Terms, including the class action waiver to the extent permitted by law.
- Time limit
- To the extent permitted by law, any Dispute must be brought within one (1) year after the claim arises, or it is permanently barred.
- Severability
- If the class action waiver is found unenforceable with respect to any Dispute, that Dispute will proceed in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of those courts.
By using the Services, you consent to receive communications from us electronically, including by email and through notices in the Services, and agree that all agreements, notices, disclosures and other communications we provide electronically satisfy any legal requirement that they be in writing. Your acceptance of these Terms electronically constitutes your signature and has the same effect as a handwritten signature.
We may modify these Terms from time to time. If we make material changes, we will notify you by updating the date at the top of these Terms and, where appropriate, through the Services. Your continued use of the Services after changes take effect constitutes your acceptance of the revised Terms.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Coinwave regarding the Services. If any provision is found unenforceable, the remaining provisions will remain in full effect. Our failure to enforce any right or provision will not be deemed a waiver. You may not assign these Terms without our prior written consent; we may assign them without restriction.
If you have any questions about these Terms, please contact us at support@coinwave.gg.