Terms of Service

Last Updated: 1/30/2025

These Terms of Service ("Terms") govern your access to and use of the application, website, and services ("Service") provided by Sendy Labs LLC ("Sendy," "we," "us," or "our"). By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must immediately discontinue use of the Service.

PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 16, AS THEY AFFECT YOUR LEGAL RIGHTS.

1. Eligibility

You must be at least 18 years old and an individual (not acting on behalf of any entity) to use our Service. By using the Service, you represent and warrant that you are at least 18 years of age and legally capable of entering into a binding agreement.

2. Description of the Service

Sendy facilitates memecoin trading on the Solana blockchain, provides portfolio tracking tools, and offers market data. The Service is accessible globally, subject to any restrictions or limitations imposed by applicable laws. Users may connect their own Solana-compatible wallets or use a wallet generated within the Service. The private keys/seed phrases for any wallet generated or used within the Service are stored only on your local device, and you bear sole responsibility for safeguarding your private keys, seed phrases, and wallet access credentials.

3. Fees

We charge a 1% fee on each buy transaction and a 1% fee on each sell transaction executed through the Service. We reserve the right to unilaterally increase or otherwise modify these fees at any time, with or without notice to you, and without any requirement that we update these Terms. By continuing to use the Service after any fee changes become effective, you agree to the revised fees. All fees are non-refundable unless required by applicable law.

4. Third-Party Integrations & No Warranty of Uptime

The Service may integrate or rely on third-party data providers, blockchain explorers, market data providers, and other external services. We provide these integrations for your convenience, but do not control or guarantee their accuracy, reliability, or availability. We are not responsible or liable for any downtime, data inaccuracies, delays, or interruptions caused by third parties. You acknowledge that blockchain and network disruptions may occur, and you agree that Sendy will not be liable for any losses or damages arising from such disruptions.

Swap Quote Disclaimer: Any swap or transaction quotes displayed by the Service are provided solely as estimates for your convenience. The actual amount you receive or pay upon execution of a transaction may differ from the quoted amount. We make no guarantees or warranties regarding the accuracy of these quotes, and you agree that Sendy will not be liable for any losses or discrepancies arising from quoted versus actual transaction amounts.

Third-Party Facilitation: We may use one or more third-party service providers to facilitate swaps, fiat on/off-ramps, or other transactions made through the Service. You acknowledge and agree that these third parties are independent contractors or service providers and are not under our control. We make no representations or warranties concerning the security, accuracy, reliability, or availability of any third-party service. You assume all risk in connection with using such third-party services, and we are not liable for any losses, damages, or liabilities you may incur as a result of your use of third-party services (including, without limitation, losses due to technical failures, unauthorized access, or any other cause).

5. No Investment Advice; Not Securities

The information, market data, and features offered by the Service are provided solely for informational and educational purposes. We do not provide investment, financial, or legal advice. The tokens and memecoins referenced through the Service are not securities and are not offered, sold, or traded as securities. Cryptocurrency and digital asset markets are volatile, and past performance is not indicative of future results. You are solely responsible for conducting your own due diligence and assessing your own risk tolerance before engaging in any trading or investing activities. By using the Service, you acknowledge and accept the inherent risks associated with cryptocurrency and digital asset transactions.

6. Prohibited Use

You agree that you will not use the Service for any unlawful purpose, including but not limited to violating the laws of your jurisdiction or engaging in money laundering, financing terrorism, fraud, or any other illegal activity. You must comply with all applicable laws, regulations, and sanctions when using the Service. We reserve the right to monitor, suspend, or terminate your access to the Service if we suspect you are using it in violation of any law or these Terms.

7. Intellectual Property

All content, trademarks, service marks, trade names, logos, and intellectual property displayed on or through the Service are owned by Sendy or licensed to us. You are strictly prohibited from copying, scraping, reproducing, modifying, creating derivative works of, distributing, publicly displaying, or using any of our intellectual property for any purpose without our express prior written consent. Your use of the Service grants you no rights in or to our intellectual property, other than the limited right to access and use the Service as provided in these Terms.

8. License to the Services and App

(a) License to the Services. The Services are protected by copyright laws throughout the world. Subject to these Terms (the "Agreement"), Sendy grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your personal use.

(b) License to the App. Subject to your compliance with these Terms, Sendy grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use a copy of our mobile application ("App") on a mobile device that you own or control, and to run such copy of the App solely for your own personal use. If you access the App via the Apple App Store, you agree to use the App only on Apple-branded products running iOS and as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. If you access the App via the Google Play Store, you may have additional license rights with respect to use of the App on a shared basis within your designated family group.

(c) Updates. You acknowledge that the Services, including the App, may be updated or changed by Sendy from time to time without notice. You may be required to update third-party software or your device in order to use the Services. Your continued use of the Services after any such update constitutes your acceptance of the updated Services.

9. Responsibility for Content

(a) Types of Content. All content, including user-generated content, third-party content, and content originating from Sendy, is the sole responsibility of the party from whom such content originated. Sendy is not responsible for user-generated content and does not control how other users utilize or share content.

(b) Adapters and Similar Features. If the Service allows you to make available any adapters, extensions, or other software components ("Adapters"), you acknowledge that you are solely responsible for securing all necessary rights, licenses, and permissions associated with your Adapters. Sendy has no obligation to publish or make your Adapters available and provides no guarantee of support or updates.

10. Mobile Apps and App Store Terms

(a) App Stores. The availability of the App and the Services may depend on the App Store from which you received the App license. These Terms are between you and Sendy, not the App Store. Sendy, not the App Store, is solely responsible for the App and the Services, including their content, maintenance, support, and warranty, as well as any related claims.

(b) Accessing and Downloading from Apple App Store. If you access or download the App from the Apple App Store:

  • You acknowledge that these Terms are between you and Sendy only, not Apple. Sendy, not Apple, is responsible for the App and its content.
  • Apple has no obligation to furnish any maintenance or support for the App.
  • In the event the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) for the App to you. Apple will have no further warranty obligation with respect to the App.
  • Apple is not responsible for any claims by you or third parties related to the App or your possession and use of the App.
  • If a third party claims that the App infringes their intellectual property rights, Sendy, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of such claim.
  • Apple and Apple's subsidiaries are third-party beneficiaries of these Terms as related to your license of the App Store Sourced App, and upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary.
  • You must comply with all applicable third-party terms of agreement when using the App Store Sourced App.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SENDY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SENDY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

NO LIABILITY FOR LOST FUNDS: SENDY SHALL NOT BE LIABLE FOR ANY LOST FUNDS OR DIGITAL ASSETS, REGARDLESS OF THE CAUSE, INCLUDING BUT NOT LIMITED TO USER ERROR, UNAUTHORIZED ACCESS, SECURITY BREACHES, SMART CONTRACT OR BLOCKCHAIN FAILURES, TECHNICAL MALFUNCTIONS, OR THIRD-PARTY SERVICE INTERRUPTIONS.

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING IN CONNECTION WITH ANY BREACH OF THESE TERMS OR USE OF THE SERVICE IS TO STOP USING THE SERVICE.

12. Indemnification

You agree to defend, indemnify, and hold harmless Sendy, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected to your use of the Service, your violation of these Terms, or your violation of any applicable laws or regulations.

13. Account Suspension & Termination

We reserve the right, in our sole discretion, to ban, suspend, or terminate your access to all or part of the Service at any time, for any reason, without notice or liability. You may cease using the Service at any time and may delete any wallets generated through the App. Termination of your access to the Service will not relieve you of any obligation to pay any accrued fees or charges.

14. Modifications to the Terms

We may revise these Terms at any time without prior notice. If we make material changes, we will notify you by email at the address we have on file or by posting a notice within the Service. By continuing to use the Service after changes become effective, you agree to be bound by the updated Terms. If you do not agree with the revised Terms, you must stop using the Service immediately.

15. Governing Law & Jurisdiction

These Terms and your use of the Service are governed by the laws of the United States and, to the extent applicable, the state laws in which Sendy is located, without regard to conflict of law principles. You agree to comply with all applicable laws and regulations when using the Service.

16. Arbitration & Class Action Waiver

ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE SERVICE (COLLECTIVELY, "DISPUTES") SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATION SHALL BE CONDUCTED IN THE UNITED STATES, IN ENGLISH, AND ADMINISTERED BY A REPUTABLE ARBITRATION ASSOCIATION. THE ARBITRATORS' DECISION SHALL BE FINAL AND BINDING.

YOU HEREBY WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

17. Entire Agreement & Severability

These Terms, together with any other agreements or policies referenced herein, constitute the entire agreement between you and Sendy regarding your use of the Service. If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be severed and will not affect the validity and enforceability of any remaining provisions.

18. Contact Information

If you have any questions, concerns, or comments about these Terms, please contact us at:

support@sendy.lol

By using the Service, you acknowledge that you have read, understood, and agreed to these Terms. If you do not agree, you must discontinue use of the Service immediately.