GENERAL

These terms and conditions (“Terms”) govern your use of the Site (defined below) and the Services (defined below). These Terms also include any guidelines, announcements, additional terms, policies and disclaimers made available or issued by us from time to time, these Terms constitute a binding and enforceable legal agreement between FUMEME (“FUMEME”, “we”, “us”) and you, an end user of the Services ( “you” or “User” ). at https://www.FUMEME.com ( “Services” ). By accessing, using or clicking on our website (and all related subdomains) or its mobile applications (“Site”) or accessing, using or attempting to use the Services, you agree that you have read, understood and are bound by these Terms and that meets the requirements listed here. If you do not agree to all of these Terms or comply with the requirements herein, do not access or use the Site or Services. Additionally, when using certain features of the Services, you may be subject to specific additional terms and conditions applicable to those features.

We may modify, suspend or discontinue the Site or Services at any time without notice to you. We may also change, update, add or remove provisions of these Terms from time to time. Any and all modifications or changes to these Terms will be effective upon publication on our Site or release to Users. Therefore, your continued use of our Services is considered your acceptance of the modified Terms and rules. If you do not agree to any changes to these Terms, do not access or use the Site or Services. Please note that these Terms between you and us do not enumerate or cover all of each party’s rights and obligations and do not guarantee full alignment with needs arising from future development. Therefore, our privacy policy which can be viewed under the “Privacy Policy” link at the bottom of our Site, the platform rules, guidelines and all other agreements entered into separately between you and us are considered supplementary terms that are an integral part of these Terms. and will have the same legal effect. Your use of the Site or Services is also deemed to be your acceptance of any supplemental terms.

ELIGIBILITY

By registering to use a FUMEME account (“Account”) or using the Services, you represent and warrant that:

as an individual, legal entity or other organization, you have full legal capacity and authority to agree to and be bound by these Terms;

you are at least 18 years old or of legal age to form a binding contract under applicable law;

your use of the Services is not prohibited by applicable law and is always in compliance with applicable law, including, without limitation, Anti-Money Laundering, Anti-Corruption and Anti-Terrorist Financing ( “CTF” ) regulations;

you have not previously been suspended or removed from using our Services;

you do not currently have an account;

if you act as an employee or agent of a legal entity and enter into these Terms on its behalf, you represent and warrant that you have all rights and consents necessary to bind such legal entity; It is

you are solely responsible for your use of the Services and, if applicable, for all activities that occur on or through your user account.

IDENTITY VERIFICATION

Given that FUMEME is a permissionless and fully decentralized platform for token sales, we have no role in enforcing anti-money laundering (“AML”) and know-your-customer (“KYC”) checks by default. However, we understand the need for some token projects to require AML and KYC procedures for their token sale participants, and we provide some AML and KYC tools for fundraising entities that use FUMEME to impose such procedures on their users, if the projects token holders choose to do so at their own discretion. Token projects will determine whether any user will satisfy AML and KYC procedures at their sole discretion.

Please note that we cannot control, nor will we be responsible for the AML and KYC procedures to be conducted by the token projects, the keeping of any AML and KYC documentation, or the violation of any AML and KYC laws, rules or regulations. thereof, or any other act or omission pertaining thereto and any compliance of the token project with applicable privacy laws or regulations. We advise you to read our privacy policy and the respective privacy policy of any relevant third party and use your best judgment.

We and our affiliates may, but are not obligated to, collect and verify information about you to maintain proper records of our customers, protect ourselves and the community against fraudulent users, and identify traces of money laundering, terrorist financing, fraud and other financial crimes or for other legal purposes.

All customers who wish to use the Services are required to establish an account:

providing your name, email address, telephone number and country of residence;

prove that you are 18 years old or over;

accept the terms of use and privacy policy; It is

verify your identity by submitting the following documentation (FUMEME reserves the right to request additional information as necessary): a government-issued ID with your full name, date of birth, and social security number (or identification number); a proof of address stating your current physical address; and a selfie photo from your webcam or cell phone.

Notwithstanding the above minimum verification procedures, we may require you to provide or verify additional information before allowing you to use any Service. [Only one User may be registered at a time, but each individual User (including any User who is a legal entity or business) may maintain only one Primary Account at any time.] We may refuse, in its sole discretion, to open an Account for you . We may also: (a) suspend, restrict or terminate your access to any or all of the Services; (b) deactivate or cancel your account; or (c) blacklist you from opening any future Accounts with us if we reasonably suspect that you are using your Account in connection with any prohibited use or business; your use of your Account or our Services is subject to any pending litigation, investigation or government proceeding and/or we perceive an elevated risk of legal or regulatory non-compliance associated with your activity; or you take any action that we consider to circumvent our controls, including, but not limited to, opening multiple accounts or abusing promotions that we may offer from time to time.

In addition to providing such information, you agree to allow us to maintain a record of this information for as long as your account is active and within five (5) years after your account is terminated. You also authorize us to share the information and documentation you submit with third parties to verify the authenticity of such information. We may also conduct necessary investigations directly or through third parties to verify your identity or protect you and/or us against financial crimes, such as fraud, and to take necessary action based on the results of such investigations. We will collect, use and share this information in accordance with our privacy policy.

Upon registration, you must ensure that the information is true, complete and timely updated when changed. If there is any reason to believe that any of the information you have provided is incorrect, untrue, out of date or incomplete, we reserve the right to send you a notice to require correction, directly delete the relevant information and, as appropriate, terminate all or part of the Services we provide to you. You will be fully responsible for any loss or expense caused to us while using the Services. You acknowledge and agree that you have the obligation to keep all information accurate, current and correct at all times.

We reserve the right to confiscate any and all funds that violate relevant and applicable AML or CFT laws and regulations, and to cooperate with competent authorities when and if necessary.

RESTRICTIONS

You shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you may NOT:

Use the Services in any dishonest or illegal manner, for fraudulent or malicious activity, or in any way inconsistent with these Terms;

Violate applicable laws or regulations in any way;

Infringe any proprietary rights, including without limitation, copyrights, patents, trademarks or trade secrets of FUMEME;

Use the Services to transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or any other harmful computer programs or codes designed to affect adversely affect the operation of any computer software or hardware;

Use any deep links, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy, monitor, replicate or bypass the Site or Services;

Make backup or archival copies of the Site or any part thereof, including disassembling or decompiling the Site;

Violate public interests, public morals or the legitimate interests of third parties, including any actions that may interfere with, disrupt, negatively affect or prohibit other Users from using the Services;

Use the Services for market manipulation (such as pump and dump schemes, wash trading, proprietary trading, front running, quote stuffing, and forgery or layering, regardless of whether prohibited by law);

Attempt to access any part or function of the Site without authorization, or connect to the Site or Services or any FUMEME servers or any other systems or networks of any Services provided through the Services through hacking, password mining or any other illegal means or prohibited;

Probe, scan or test the vulnerabilities of the Site or Services or any network connected to the Properties, or breach any security or authentication measures on the Site or Services or any network connected thereto;

Reverse, trace or seek to trace any information of any other Users or visitors to the Site or Services;

Use any devices, software or routine programs to interfere with the normal operation of any transactions on the Site or the Services, or with any other person’s use of the Site or the Services; or

Forge headers, impersonate or otherwise manipulate identification in order to disguise your identity or the origin of any messages or transmissions you send to FUMEME or the Site.

By accessing the Services, you agree that we have the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take action in accordance with relevant regulations without your consent or prior notice.

FUMEME SERVICES AND STAKING

We provide a staking or deposit service in which users can delegate or deposit their FUMEME tokens or FUMEME-LP tokens to receive FUMEME in exchange for a share of the rewards on the FUMEME platform. You will enter the amount of FUMEME and/or FUMEME-LP tokens to be staked on the platform. Once staking instructions are confirmed, the system will record those instructions. When the FUMEME website connects to your Solana wallet, you will be able to view your level based on the number of FUMEME held in your wallet. We note that FUMEME is a ‘score’ calculated based on the amount of FUMEME and/or FUMEME-LP tokens you stake, along with the locking time period of such FUMEME and/or FUMEME-LP tokens in the FUMEME staking protocol . Your tier level (ranging from 1 to 5) will affect the number of Initial DEX Offering (“IDO”) tokens you will receive. For Tiers 1-3, the allocation for FUMEME users will be given based on a fair lottery system, while the allocation for FUMEME Tier 4 and Tier 5 users will be distributed to all participants proportionately within their respective Tier level.

You acknowledge that we cannot promise or guarantee the right amount of reward received for staking your FUMEME and/or FUMEME-LP tokens to participate in any fundraising project event. You must conduct your own due diligence in relation to each fundraising project and fully understand the significant information and conditions before participating in such an event, such as the allocation date, the underlying technology, the features and functions of such tokens of project.

You further acknowledge and agree that we have sole discretion to reject your participation in staking if you are unable to meet our identity verification requirements or for any other suspicious activity detected while participating in our Services.

If you wish to undo or withdraw your FUMEME and earn the reward, you will provide disbursement instructions through our Site. You acknowledge and agree that when unwrapping your FUMEME and/or FUMEME-LP tokens, you may only unwrap all of your FUMEME and/or FUMEME-LP tokens in their entirety (i.e. 100% of the relevant tokens). The delivery time for such FUMEME or FUMEME-LP tokens not deposited into your Solana wallet may vary depending on the time of day of request and execution. You further acknowledge and agree that, after releasing all of your FUMEME and/or FUMEME-LP tokens, your FUMEME balance will return to zero and you will no longer (i) maintain the Tier level previously allocated to you, (ii ) receive any benefits or rewards associated with your previous FUMEME level or (iii) have access to IDO’s upcoming fundraising projects.

We will not be responsible for any losses caused by time differences associated with the actual delivery of any IDO tokens. You acknowledge and agree that we reserve the right to change any terms relating to any particular staking protocol implemented by us at any time in our sole discretion. We will not be responsible for any losses due to your misunderstanding of the terms and conditions of our staking protocol terms and changes to such terms. We will also not be responsible for any third-party intrusions, unauthorized access, hacks or attacks on the FUMEME staking protocol that may result in a complete loss of funds that a FUMEME user may incur while staking FUMEME and/or FUMEME tokens -LP. You acknowledge and agree that staking your FUMEME and/or FUMEME-LP tokens potentially carries a certain degree of risk and may lead to a loss of value of your FUMEME and/or FUMEME-LP tokens.

TERMINATION

FUMEME may terminate, suspend or modify your access to the Services, or any part thereof, immediately and at any time, in its sole discretion.

FUMEME will not be liable to you or any third party for any termination, suspension or modification of your access to the Services.

Upon termination of your access to the Services, these Terms will terminate, except those provisions that expressly or are intended to survive termination or expiration.

DISCLAIMERS

OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY OTHER STATEMENT OR AGREEMENT, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE OF AND ACCESS TO THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. FUMEME MAKES NO REPRESENTATION OR WARRANTY THAT ACCESS TO THE SITE, ANY PART OF THE SERVICES, INCLUDING MOBILE SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY OR ERROR-FREE AND SHALL NOT BE RESPONSIBLE FOR ANY LOSS RELATED TO THIS. FUMEME DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICES OR ANY FUMEME MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FUMEME OR ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, OFFICERS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OF OR INTANGIBLE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO:

ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF FUMEME OR ITS AFFILIATES;

ANY AUTHORIZED OR UNAUTHORIZED USE OF THE SITE OR SERVICES, OR IN CONNECTION WITH THIS AGREEMENT;

ANY INACCURACY, DEFECT OR OMISSION IN ANY DATA OR INFORMATION ON THE SITE;

ANY ERROR, DELAY OR INTERRUPTION IN THE TRANSMISSION OF SUCH DATA;

ANY DAMAGES INCURRED BY ANY ACTIONS, OMISSIONS OR VIOLATIONS OF THESE TERMS BY THIRD PARTIES; OR

ANY DAMAGE CAUSED BY ILLEGAL ACTIONS OF OTHER THIRD PARTIES OR ACTIONS WITHOUT THE AUTHORIZATION OF FUMEME.

EVEN IF FUMEME KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY AGREED REMEDY OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE THE RESULT OF OUR GROSS, ACTUAL NEGLIGENCE FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW OR EXCEPT IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS PROVISION SHALL SURVIVE TERMINATION OF THESE TERMS.

WE MAKE NO WARRANTY AS TO THE MERIT, LEGALITY OR LEGAL NATURE OF ANY TOKEN SOLD ON OUR PLATFORM (INCLUDING WHETHER OR NOT IT IS CONSIDERED A SECURITY OR FINANCIAL INSTRUMENT UNDER ANY APPLICABLE SECURITIES LAWS).

INTELLECTUAL PROPERTY

All present and future copyright, title, interest in the Services, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of rights of intellectual property that exists on or in relation to the use of and access to the Site and Services are owned by or otherwise licensed to FUMEME. Subject to your compliance with these Terms, we grant you a non-exclusive, non-sublicensed, and any limited license to merely use or access the Site and Services as permitted herein.

Except as expressly stated in these Terms, nothing in these Terms shall be construed as conferring any right or license to our or any third party’s intellectual rights.

If and to the extent such intellectual property rights are conferred on you by operation of law or otherwise, you agree to do any and all acts and execute any and all documents that we may reasonably request to assign such intellectual property. rights back to us.

You agree and acknowledge that all content on the Site shall not be copied or reproduced, modified, redistributed, used, created for derivative works or otherwise treated for any other reason without our written consent.

Third parties participating in the Site may allow us to use trademarks, copyrighted materials and other intellectual property associated with their businesses. We do not guarantee or represent that the content of the Site does not infringe the rights of third parties.

INDEPENDENT PARTIES

FUMEME is an independent contractor, but not your agent in enforcing these Terms. These Terms should not be construed as facts or evidence of association, joint venture, partnership or franchise between the parties.

INDEMNITY

You agree to indemnify and hold harmless FUMEME and its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors from and against any potential or actual claims, actions, proceedings, investigations, demands, proceedings, costs, expenses and damages (including legal fees, fines or penalties imposed by any regulatory authority) arising out of or related to:

your use of or conduct in connection with the Site or Services;

your breach or our enforcement of these Terms; or

your violation of any applicable law, regulation or third-party rights while using the Site or Services.

If you are required to indemnify FUMEME and its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors in accordance with these Terms, FUMEME will have the right, in its sole discretion, to control any action or process and determine whether FUMEME wishes to settle and, if so, on what terms.

Your obligations under this indemnification provision will continue even after these Terms expire or are terminated.

CONFIDENTIALITY

You acknowledge that the Services contain trade secrets and confidential information of FUMEME and its affiliates. You agree to maintain and maintain the Services in confidence and not to provide any other person with any confidential information from the Services or the Site.

You agree to exercise a reasonable degree of care to protect the confidentiality of the Services. You will not remove or alter any proprietary notices of FUMEME or its affiliates.

Your obligations under this provision will continue even after these Terms expire or are terminated.

COMBATING MONEY LAUNDERING

FUMEME expressly prohibits and rejects the use of the Site or Services for any form of illicit activity, including money laundering, terrorist financing or violations of trade sanctions. By using the Site or Services, you represent that you are not engaging in any such activities.

FORCE MAJEURE

FUMEME shall have no liability to you if it is prevented or delayed in fulfilling its obligations or in carrying out its Services and business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, failure of a public utility or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or guidance.

JURISDICTION AND APPLICABLE LAW

The parties will attempt, in good faith, to mutually resolve any and all disputes, whether in law or in fact, and of any nature, arising out of or relating to these Terms.

These Terms and any dispute or claim arising out of or relating to the Services or the Site will be governed by and construed in accordance with the laws of the British Virgin Islands.

DIVISIBILITY

If any provision of these Terms is determined by any court or other competent authority to be illegal or unenforceable, the other provisions of these Terms will remain in effect.

If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted and the rest of the provision will continue in effect (unless this would contradict the clear intent of the provision, in which case the entirety of the relevant provision will be considered deleted).

NOTICES

All notices, requests, demands and determinations to us under these Terms (except routine operational communications) must be sent to [email protected] .

ASSIGNMENT

You may not assign or transfer any right to use the Services or any of your rights or obligations under these Terms without our prior written consent, including any rights or obligations relating to the application of laws or change of control. We may assign or transfer any or all of your rights or obligations under these Terms, in whole or in part, without prior notice to you or without obtaining your consent or approval.

THIRD PARTY RIGHTS

No third party shall have any right to enforce any terms contained herein.

THIRD-PARTY WEBSITE COMPLAINANT

Any links to third-party websites from our Services do not imply our endorsement of any product, service, information or disclaimer therein, nor do we guarantee the accuracy of the information contained therein. If you suffer losses when using third-party products and services, we will not be responsible for such losses. Additionally, because we have no control over the terms of use or privacy policies of third-party sites, you should read and understand those policies carefully.

BY USING OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (A) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF ENCRYPTED OR DIGITAL TOKENS OR CRYPTOCURRENCIES OF A CERTAIN VALUE THAT ARE BASED ON BLOCKCHAIN AND CRYPTOGRAPHY TECHNOLOGIES AND ARE ISSUED AND MANAGED IN A DECENTRALIZED FORM ADO (“ DIGITAL CURRENCIES”); (B) YOU ASSUME ALL RISKS RELATED TO YOUR USE OF THE SERVICES AND DIGITAL CURRENCY TRANSACTIONS; AND (C) FUMEME SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE RESULTS. AS WITH ANY ASSET, THE VALUES OF DIGITAL CURRENCIES ARE VOLATILE AND MAY FLUCT SIGNIFICANTLY AND THERE IS A SUBSTANTIAL RISK OF ECONOMIC LOSS WHEN BUYING, HOLDING OR INVESTING IN DIGITAL CURRENCIES.