Terms of Service
AI-drafted · not legal advice · independent legal review recommendedLast updated: 2026-07-06
These Terms of Service (the "Terms") govern your access to and use of the Dank Frens website at dankfrens.com and any related interfaces, tools, and services we operate (collectively, the "Service"). The Service is an interface for creating, minting, displaying, and trading meme NFT collections on the Solana blockchain.
Please read these Terms carefully. By accessing or using the Service, you agree to be bound by them.
1. Acceptance of Terms
1.1. By connecting a wallet to the Service, or by otherwise accessing or using the Service, you accept and agree to these Terms and to the documents referenced in them, including the Risk Disclaimer and the Privacy Notice.
1.2. If you do not agree to these Terms, you must not use the Service.
1.3. There are no user accounts, usernames, or passwords on the Service. Your connected wallet is your identity on the Service, and your on-chain signatures are your actions.
2. Eligibility
2.1. Age. You must be at least 18 years old (or the age of legal majority in your jurisdiction, if higher) to use the Service.
2.2. Restricted jurisdictions. The Service is not offered to, and may not be accessed or used by, persons located in, incorporated in, or ordinarily resident in the following jurisdictions: the Republic of Korea, the United Kingdom, Cuba, Iran, North Korea, Syria, Russia, and the Crimea, Donetsk, and Luhansk regions of Ukraine, together with any other jurisdiction subject to comprehensive sanctions or where access to or use of the Service would be illegal under applicable law (collectively, the "Restricted Jurisdictions"). We may use technical measures, including IP-based restrictions, to enforce this. Circumventing such measures (for example, through a VPN) is a violation of these Terms.
2.3. Sanctions compliance. In all cases, you may not use the Service if you are (a) listed on any sanctions list maintained by the United States (including the OFAC SDN list), the United Nations, the European Union, or the United Kingdom, (b) located in, ordinarily resident in, or organized under the laws of any country or territory subject to comprehensive sanctions, or (c) acting on behalf of any person or entity described in (a) or (b).
2.4. By using the Service you represent and warrant that you meet all requirements in this Section 2.
2.5. Self-attestation. Access to the Service is permissionless, and for jurisdictions we do not restrict by technical means we rely on your own attestation as the primary compliance mechanism. Accordingly, each time you access or use the Service, you represent and warrant that: (a) you are not located in, ordinarily resident in, incorporated in, or a citizen of any Restricted Jurisdiction; (b) you are not a sanctioned or restricted person, and are not owned or controlled by or acting on behalf of a sanctioned or restricted person, on any sanctions or restricted-party list maintained by the United States (including the OFAC SDN list), the United Nations, the European Union, or the United Kingdom; and (c) you are not accessing the Service from any comprehensively sanctioned region. If any of these representations is or becomes untrue, you must stop using the Service immediately. These representations are renewed automatically each time you use the Service, and are in addition to, not a substitute for, any technical restriction we apply.
3. The Service Is Non-Custodial
3.1. The Service is a non-custodial interface. We never take possession, custody, or control of your funds, private keys, seed phrases, or NFTs. All transactions are executed by you, from your own wallet, signed by you.
3.2. There is no server-side signing. No transaction can occur on your behalf without your wallet's signature.
3.3. You are solely responsible for the security of your wallet, private keys, and seed phrase. If you lose your keys or sign a malicious transaction, we cannot reverse it, recover assets, or reimburse you. Blockchain transactions are irreversible.
3.4. We do not and cannot freeze, seize, confiscate, or transfer NFTs or tokens held in your wallet. Anything you own on-chain remains yours regardless of your standing with the Service (see Section 13).
4. Fees
4.1. Use of certain Service functions is subject to fees. The current fee schedule, referred to as the "Fee Schedule", is stated here and forms part of these Terms. As of the date of these Terms, the Fee Schedule is: creating a collection is free of platform fees, although the creator pays Solana network costs for the collection setup transactions; every mint carries a small per-mint platform fee, and the exact amount is displayed in the mint flow before you sign; and secondary trades executed through the Service carry a platform fee of 1 percent and a creator fee of 1 percent, each of the sale price.
4.2. We may amend the Fee Schedule from time to time. Amended fees apply only to transactions submitted after the amendment is published. Fees already paid are not affected.
4.3. Creator fees accrue for the benefit of the collection creator and are claimed by the creator directly through the Service using the creator's own wallet. We do not distribute creator fees on the creator's behalf, and we are not responsible for a creator's failure to claim fees.
4.4. All fees are denominated and payable on-chain as specified at the time of the transaction. You are additionally responsible for Solana network fees (for example, transaction and rent costs), which are not set by us and do not go to us.
4.5. All fees are non-refundable once the corresponding transaction is confirmed on-chain, except where a refund is required by applicable law.
5. User Content
5.1. What you upload. Collection images and other media are created by users outside the Service, using any tool of their choosing, and uploaded to the Service. We do not generate, commission, select, or pre-approve content.
5.2. Your warranties. By uploading or associating any content with the Service (including images, collection names, descriptions, and prompts), you represent and warrant that: (a) you own the content or hold all rights necessary to upload it and to grant the license in Section 5.3; (b) the content does not infringe or misappropriate any third party's intellectual property, publicity, or privacy rights; (c) the content is not unlawful; and (d) the content does not impersonate any person, brand, or project in a misleading way.
5.3. License to us. You grant us a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, cache, reproduce, display, distribute, and technically adapt (for example, resizing or transcoding) your uploaded content, solely for the purposes of operating, serving, promoting, and improving the Service. This license lasts for as long as the content is used on or served by the Service, plus a reasonable period for backups and caches. You retain all ownership rights you have in your content.
5.4. Rights between users. Any license or rights granted from a creator to an NFT holder (or vice versa) are a matter between those users. Unless a collection explicitly states otherwise, purchasing an NFT through the Service transfers the NFT itself, not the copyright in the underlying image. We are not a party to, and make no promises about, any rights arrangement between creators and holders.
5.5. Prompts. A collection may include an optional prompt recorded immutably at collection creation. Prompts are user-submitted content, are covered by this Section 5, and once recorded cannot be edited or removed from the chain by us or anyone else.
6. Repaint and Rarity
6.1. Repaint. The Service allows the current holder of an NFT to replace the image associated with that NFT ("repaint"). Repainted images are user content under Section 5, and all warranties in Section 5.2 apply to each repaint.
6.2. You acknowledge that an NFT you buy may have been repainted before your purchase and may be repainted by future holders after you sell it. The image associated with an NFT is not guaranteed to remain the same over time.
6.3. Rarity. Rarity attributes are assigned at mint and are locked permanently. Rarity never changes, including after a repaint. Rarity is a cosmetic attribute of the NFT and carries no promise of value.
7. Prohibited Conduct
You agree that you will not, in connection with the Service:
(a) upload, mint, or trade content that is unlawful under applicable law, including without limitation child sexual abuse material, content that infringes intellectual property rights, or content whose possession or distribution is a crime;
(b) impersonate any person, team, brand, or project, or upload content designed to mislead others into believing a collection is affiliated with or endorsed by someone it is not;
(c) infringe, misappropriate, or violate any third party's intellectual property or other rights;
(d) engage in market manipulation of any kind, including pump-and-dump schemes, wash trading, self-dealing or trading between accounts you control to inflate prices or create a false appearance of activity, coordinated trading intended to create a false appearance of activity or price, or spoofing;
(e) use bots, scrapers, or other automated means to access restricted areas of the Service, or reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service or its smart contracts;
(f) exploit, attack, or abuse the Service, including probing or attacking our infrastructure, circumventing rate limits or technical restrictions, scraping at abusive volumes, exploiting bugs in the Service or its smart contracts, or interfering with other users' use of the Service;
(g) engage in any coordinated conduct, on or off the Service, that is designed to undermine the integrity of the Service or to manipulate the price of any NFT or collection;
(h) use the Service to launder money, finance terrorism, or evade sanctions;
(i) circumvent any jurisdiction restriction implemented under Section 2.2.
8. Moderation
8.1. Our moderation policy is a legal baseline only. We may remove from the Service, or restrict access through the Service to, content or collections that we reasonably believe to be unlawful (including infringing content subject to a valid takedown notice) or to constitute impersonation.
8.2. We do not review, vet, curate, endorse, or approve content or collections before or after they appear on the Service. The presence of a collection on the Service is not a statement by us about its quality, legality, authenticity, value, or the identity or trustworthiness of its creator.
8.3. We do not perform investment screening, due diligence, or fraud review of collections or creators. You are responsible for your own evaluation of anything you mint or buy.
8.4. Removal from the Service means removal from our interface and servers only. We cannot remove, burn, or alter NFTs or data recorded on the Solana blockchain.
8.5. We may, but are not obligated to, act on reports from users or third parties. Our decision not to remove content is not an endorsement of it.
9. Copyright and Notice-and-Takedown
9.1. We respect intellectual property rights and respond to valid notices of claimed infringement, consistent with the framework of the United States Digital Millennium Copyright Act (DMCA) and analogous laws.
9.2. To submit an infringement notice, send the following to the X account @dank_frens (https://x.com/dank_frens) by direct message (see Section 17): (a) identification of the copyrighted work claimed to be infringed; (b) identification of the material claimed to be infringing, with enough detail for us to locate it (for example, the collection and NFT identifiers or URL); (c) your contact information; (d) a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; (e) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorized to act for the owner; and (f) your physical or electronic signature.
9.3. Upon receipt of a valid notice we may remove or disable access to the identified material on the Service. Where feasible we will notify the uploader, who may submit a counter-notice containing the information customarily required for counter-notices under the DMCA. If we receive a valid counter-notice, we may restore the material unless the original claimant informs us that it has filed a court action.
9.4. We may terminate Service access for repeat infringers.
9.5. Takedown under this Section 9 affects only our interface and servers. On-chain records are outside our control.
10. No Investment Advice; No Securities Intent
10.1. NFTs on the Service are meme and attention objects created by users for entertainment and collection. They are offered without any promise of value, profit, income, utility, staking rewards, dividends, buybacks, roadmap deliverables, or future development by us or by anyone else.
10.1a. Collectibles, not securities. Frens and any other NFTs on the Service are digital collectibles intended solely for personal enjoyment and community participation. They carry no expectation of profit derived from the efforts of us or any other person. They represent no equity, share, ownership interest, dividend, distribution, revenue share, profit share, governance right, or voting right in us or in any enterprise. They are not offered or sold as investment contracts, securities, or any other regulated financial instrument, and you should not acquire them with any expectation of financial return. You acquire them because you want the collectible itself, not as an investment.
10.2. Nothing on the Service, and nothing we publish, constitutes financial, investment, legal, accounting, or tax advice, or a recommendation, solicitation, or offer to buy or sell any asset.
10.3. We do not intend for any NFT minted or traded through the Service to constitute a security, and the Service is not designed for the offer or sale of securities or other regulated financial instruments. Creators are responsible for ensuring their own collections and their own statements comply with applicable law. We do not review collections for regulatory compliance (see Section 8.3).
10.4. Nothing in these Terms shall be construed as a representation about how any regulator or court would characterize any particular NFT.
11. Assumption of Risk
By using the Service you acknowledge and accept, without limitation, the following risks:
(a) Volatility and total loss. NFT prices are speculative and driven by attention. Any NFT may become and remain worthless. Never spend more than you can afford to lose entirely.
(b) Liquidity. There is no guarantee that any buyer will exist for any NFT at any price, at any time.
(c) Smart contract risk. The smart contracts used by the Service may contain bugs or vulnerabilities, and may behave unexpectedly. Audits, if any, do not eliminate this risk.
(d) Blockchain risk. The Solana network may experience congestion, outages, forks, or protocol changes outside our control. Transactions may fail, be delayed, or be front-run.
(e) Irreversibility. Confirmed on-chain transactions cannot be undone by us or by anyone.
(f) User content risk. Content on the Service is user-generated, is not reviewed by us, and may be misleading, offensive, or infringing. Images associated with NFTs may change through repaint.
(g) Regulatory risk. Laws applicable to NFTs and digital assets are evolving and vary by jurisdiction. Future legal or regulatory changes may adversely affect the Service or your assets.
(h) Wallet and phishing risk. Third-party wallets, malicious websites, and fraudulent transaction requests are common in this ecosystem. Verifying what you sign is your responsibility.
(i) Tax. You are solely responsible for determining and paying any taxes arising from your activity.
12. Disclaimers
12.1. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND AVAILABILITY.
12.2. We do not warrant that the Service will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Service is free of harmful components. We do not commit to any particular uptime or support response.
12.3. We make no warranties about any NFT, collection, creator, or user, or about the value, legality, authenticity, or characteristics of anything minted or traded through the Service.
12.4. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
13. Suspension and Termination of Access
13.1. We may suspend, restrict, or terminate your access to the Service (including by blocking wallets, IP addresses, or content) at any time if we reasonably believe you have violated these Terms or applicable law, or to protect the Service or its users.
13.2. Because the Service is non-custodial, suspension or termination affects only your access to our interface. It does not and cannot affect your ownership of any on-chain asset. Your NFTs and tokens remain in your wallet and remain transferable on-chain through other means. We have no ability to confiscate on-chain assets, and nothing in these Terms grants us such ability.
13.3. You may stop using the Service at any time. Sections that by their nature should survive (including Sections 5.3, 9, 10, 11, 12, 14, 15, and 16) survive termination.
14. Limitation of Liability
14.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR CONTRIBUTORS, OPERATORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR DIGITAL ASSETS, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE AMOUNT OF FEES YOU PAID TO US FOR THE TRANSACTION GIVING RISE TO THE CLAIM.
14.3. THE ONLY CARVE-OUT TO THE LIMITATIONS IN THIS SECTION 14 IS LOSS ARISING SOLELY AND DIRECTLY FROM OUR WILFUL MISCONDUCT OR ACTUAL FRAUD.
14.4. Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you. Nothing in these Terms excludes liability that cannot lawfully be excluded, such as liability for fraud or for death or personal injury caused by negligence where such exclusion is prohibited.
15. Indemnification
To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless the operators of the Service and their affiliates, contributors, and service providers from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Service; (b) content you upload, mint, repaint, or trade; (c) your violation of these Terms; or (d) your violation of any law or any rights of a third party.
16. Governing Law and Dispute Resolution
16.1. Governing law. These Terms, and any dispute arising out of or relating to them or to the Service, are governed by the laws of the British Virgin Islands, without regard to conflict-of-laws principles.
16.2. Notice of dispute. Before commencing arbitration, a party must give the other party written notice of the dispute within thirty (30) days of the date on which the dispute arose. The notice must describe the nature and basis of the claim and the relief sought.
16.3. Binding arbitration. Any dispute arising out of or relating to these Terms or the Service that is not resolved after notice under Section 16.2 will be resolved exclusively by final and binding arbitration seated in Tortola, British Virgin Islands, under the BVI Arbitration Act 2013. The arbitration will be conducted in English.
16.4. Individual claims only; waivers. All disputes will be brought and resolved on an individual basis only. Class arbitrations, class actions, collective actions, and representative actions are strictly prohibited. Each party waives any right to participate in any such proceeding and waives any right to a jury trial.
16.5. Court carve-out. Notwithstanding Sections 16.3 and 16.4, either party may bring a claim for injunctive relief or for the protection of its intellectual property rights in a court of competent jurisdiction.
16.6. Time limit. To the extent permitted by law, any claim must be brought within one (1) year after the cause of action accrues, or it is permanently barred.
17. Contact
Questions, legal notices, and infringement notices under Section 9 should be directed to: the X account @dank_frens (https://x.com/dank_frens) by direct message.
18. Changes to These Terms
18.1. We may revise these Terms at any time by posting the updated Terms on the Service with an updated "Last updated" date. Material changes will be signposted on the Service in a reasonable manner.
18.2. Your continued use of the Service after updated Terms are posted constitutes acceptance of the updated Terms. If you do not agree, stop using the Service. Changes do not apply retroactively to transactions already confirmed on-chain.
19. General
19.1. Entire agreement. These Terms, together with the Fee Schedule, the Risk Disclaimer, and the Privacy Notice, are the entire agreement between you and us regarding the Service.
19.2. Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary.
19.3. No waiver. Our failure to enforce any provision is not a waiver of it.
19.4. Assignment. You may not assign these Terms. We may assign them in connection with a reorganization or transfer of the Service.
19.5. No relationship. Nothing in these Terms creates any partnership, agency, fiduciary, or employment relationship between you and us, or between you and any other user.
19.6. Language. These Terms are drafted and offered in English only. Any translation is for convenience and the English version controls.