These Terms of Service (together with any supplemental terms that incorporate these Terms of Service by reference, the "Agreement") are a legally binding contract between you and us and set forth the terms and conditions by which you may access and use the Product provided by friend.tech (referred to herein as "friend.tech", "we", "our", or "us"). The term “Product” encompasses the website-hosted user interface located at https://friend.tech (the "App"), all related subdomains, and any other products and services made available by us that link to this Agreement. The App provides a web- or mobile-based social media interface that enables users to access and interact with decentralized, software-based smart contracts available on the Base network by Coinbase to initiate and effect transactions within the App involving certain compatible in-app digital assets (the "Protocol").
For the avoidance of doubt, the Protocol is not one of the Product. friend.tech does not have actual or constructive administrative control over the Protocol or your use thereof, and cannot access, transfer, or take custody of your digital assets, nor can friend.tech upgrade or modify any existing smart contracts that are part of the Protocol. friend.tech does not monitor or control any use of the Protocol by third parties and/or any use of the Protocol that does not take place on or through the Product. friend.tech makes no representations or warranties about the functionality of the Protocol. All use of the Protocol is undertaken at your own risk, and friend.tech is not and shall not be liable to you or to any third party for any loss or damage arising from or connected to your or any third party’s use of the Protocol. Notwithstanding anything to the contrary set forth herein, the terms of Section 5 (Disclaimers), and Section 7 (Limitation of Liability) of this Agreement apply, mutatis mutandis, to any claims arising out of your use of the Protocol. You access and/or interact with the Protocol at your own risk.
Please read this Agreement carefully as it dictates your rights and obligations with respect to your use of the Product. By accessing or using the Product, you agree that you have read, understood, and agreed to be bound by this Agreement. If you disagree with any of these terms, you are not permitted to access or use our Product.
To access or use our Product, you must be legally capable of entering into a binding contract with us. Therefore, you confirm that you are of the age of majority in your jurisdiction (e.g., 18 years old in the United States) and have the necessary authority to comply with the terms and conditions of this Agreement, both on your own behalf and on behalf of any company or legal entity for which you may access or use the App. If you are acting on behalf of an entity, you represent and warrant that you have the legal authority to bind such an entity, in which case the words “you” and “your” as used in this Agreement shall refer to such entity.
Furthermore, you certify that you are neither (a) subject to economic or trade sanctions imposed by any governmental authority nor listed on any prohibited or restricted parties list (including but not limited to the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury), nor (b) a citizen, resident, or organized in a jurisdiction or territory subject to comprehensive country-wide, territory-wide, or regional economic sanctions by the United States. You also assure that your access and use of our Product will fully comply with all applicable laws and regulations and that you will not utilize our Product for illegal activities.
IMPORTANT: SECTION 8.2 CONTAINS PROVISIONS THAT GOVERN HOW TO RESOLVE DISPUTES BETWEEN YOU AND FRIEND.TECH. AMONG OTHER THINGS, SECTION 8.2 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 8.2 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 8.2 CAREFULLY.
Unless you opt out of the Arbitration Agreement (defined below) within thirty (30) days, (i) you will only be permitted to pursue disputes or claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you waive your right to participate in a class action lawsuit or class-wide arbitration; and (ii) you are waiving your right to pursue disputes or claims and seek relief in a court of law and to have a jury trial. You may not access our Product unless you fully agree to these terms.
THE PRODUCT INCLUDES A USER INTERFACE THAT ENABLES END USERS TO INTERACT WITH THE PROTOCOL. WE ARE NOT AN EXCHANGE, FUNDING PORTAL, CUSTODIAN, TRUST COMPANY, LICENSED BROKER, DEALER, BROKER-DEALER, INVESTMENT ADVISOR, INVESTMENT MANAGER, FINANCIAL ADVISER, FINANCIAL INSTITUTION, LENDER, OR BORROWER, WHETHER IN THE UNITED STATES OR ELSEWHERE. THE PRODUCT IS AN ADMINISTRATIVE PLATFORM ONLY. NEITHER FRIEND.TECH NOR OUR PRODUCT GIVES, OFFERS OR RENDERS INVESTMENT, TAX, OR LEGAL ADVICE. THE PRODUCT IS A SOFTWARE-BASED USER INTERFACE THAT ALLOWS YOU TO INTERACT WITH THE PRODUCT AND/OR THE PROTOCOL TO ENGAGE IN THE BUYING AND SELLING OF IN-APP DIGITAL ASSETS OF OTHER USERS OF THE PRODUCT. BEFORE MAKING FINANCIAL OR INVESTMENT DECISIONS, WE RECOMMEND THAT YOU CONTACT AN INVESTMENT ADVISOR, OR TAX OR LEGAL PROFESSIONAL. FRIEND.TECH IS NOT A PARTY TO ANY AGREEMENT BETWEEN ANY USERS OF THE PRODUCT. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT FRIEND.TECH SHALL NOT BE A PARTY TO OR HAVE ANY RESPONSIBILITY OR LIABILITY FOR, ARISING OUT OF, RELATING TO, ASSOCIATED WITH OR RESULTING FROM ANY DISPUTES BETWEEN YOU AND ANY THIRD-PARTY IN RESPECT OF THE USE, MISUSE, PROVISION OR FAILURE TO PROVIDE ANY DIGITAL ASSET.
Our Privacy Policy (https://www.friend.tech/privacy.html) describes how we handle the information and personal data that you provide to us when you use the Product. You understand that through your use of the Product you consent to the collection and use (as set forth in the Privacy Policy) of this information.
friend.tech allows you to claim a username, which shall serve as an account through which you can access the Product (“Username”). Your Username and profile information, including your bio, profile picture, and any linked social media account(s) will be public and may be accessible by anyone. You may not select a Username that misappropriates or infringes the intellectual property rights of others, and you may not impersonate another person or entity. Purchasing, selling or renting a Username or profile is strictly prohibited. Username squatting is also prohibited and may result in reassignment of your Username or termination of your access to the Product. You also understand and agree that if you change your Username, your old Username may no longer be available. We reserve the right to revoke access to your Username at our discretion without notice. By way of example and without limitation, access to your Username may be revoked (i) if you violate this Agreement, violate the law, or engage in behavior that harms our service or reputation (as determined by friend.tech in our sole discretion); (ii) if your Username is offensive or otherwise not in accordance with our mission to encourage connection and happiness; or (iii) if we determine reasonably necessary to comply with a legal requirement or court order.
We may from time to time in the future offer additional products, and such additional products shall be considered the Product as used herein, regardless of whether such additional products are specifically defined in this Agreement. Future products may be subject to additional supplemental terms as well as this Agreement.
Our Product may include integrations, links or other access to third party services, sites, technology, content and resources, including any third-party social media accounts linked to your Username (each a “Third-Party Service”). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third parties, and you should read and become familiar with such terms and conditions prior to your use of such Third-Party Services. For the avoidance of doubt, this Agreement does not apply to such Third-Party Services, and you may grant the owner of any Third-Party Services additional rights with respect to your use thereof.
You may be required to authenticate to or create separate accounts to use certain Third-Party Services on the websites or via the technology platforms of their respective providers. You, and not friend.tech, will be responsible for any and all costs and charges associated with your use of any Third-Party Services, including as used in connection with the Product. friend.tech enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using our Product are between you and the third party. friend.tech will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.
Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services through or in connection with the Product and our use, storage and disclosure of information related to you and your use of such Third-Party Services within our Product, please see our Privacy Policy. friend.tech has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You may be able to disable any integrations between the Product and an applicable Third-Party Service through either (i) the Product or (ii) the applicable Third-Party Service.