Terms of Service

Effective Date: October 29, 2024

Welcome to Memstagram, a progressive web application (PWA) developed and owned by MB, Formio tech. By accessing or using Memstagram, you agree to comply with and be bound by the following terms and conditions. If you do not agree to these terms, please do not use the app.

1. Purpose
Memstagram allows users to create, mint, and trade memes on the blockchain. Users can mint their memes, collect others’ memes for a fee, and earn rewards for their creativity and participation in meme battles.All votes cast in meme battles are processed onchain and can be tracked via BaseScan. Payments on the platform are made in cryptocurrency, with transactions processed by third-party provider Privy.io (Horkos, Inc.), which manages and stores payment information.

2. Account Creation
To use Memstagram, you are required to create an account through the wallet managed by Privy.io (Horkos, Inc.), which secures and manages all user accounts and wallet credentials. You are responsible for maintaining the security of your account and wallet. Memstagram cannot and will not be liable for any loss or damage resulting from failing to safeguard your account credentials. By creating an account, you confirm that you are at least 13 years old. If you are under 13, you may not use Memstagram.

3. User Content
Users can upload, create, or generate memes using our AI generator, along with captions through Memstagram. You are solely responsible for any content you upload to Memstagram, including but not limited to memes, images, and text. By uploading content, you agree not to violate any copyright laws or intellectual property rights. You acknowledge that content found online may not claim any copyright and that you have the right to use any content generated with AI assistance through our AI meme generator. Memstagram does not assume any liability for content uploaded by users and reserves the right to remove any content that violates this policy.

4. Purchases
Memstagram allows users to purchase memes minted by other users. All transactions are conducted on the blockchain and are final. There are no refunds for purchases. Users are responsible for ensuring they have sufficient funds in their crypto wallets for transactions, including any associated fees.

5. Transactions and Fees
Voting in meme battles requires Base ETH, and a minimum entry fee is set for each battle. Users create a prize pool by casting votes, and the prize pool is distributed as follows:5% to the meme creator.
90% to the winning voters.
2% to the weekly reward pool.
3% as a platform transaction fee.

All transactions are final and irreversible once completed on-chain. Memstagram does not control or hold user funds. All risks related to transactions, including price fluctuations and gas fees, are borne by the users.

6. User Conduct
You agree to use Memstagram in a manner that is lawful and respectful to others. Prohibited actions include, but are not limited to:Uploading hateful or malicious contentAttacking other users or the platformEngaging in abusive behaviourEngage in any illegal or fraudulent activityViolate any applicable laws or regulationsInterfere with or disrupt the platform or its underlying technologyAttempt to manipulate or exploit any vulnerabilities in the platform for personal gainMemstagram reserves the right to ban users or terminate accounts for violations of these rules.

7. Disclaimers
Memstagram interfaces with the blockchain, and as such, issues related to the blockchain, such as failed transactions or high transaction fees during congestion, are beyond our control. Additionally, once memes are minted on-chain, they are permanent and cannot be deleted. We do not guarantee that the platform will be available, secure, or error-free at all times. We disclaim all liability for any losses, damages, or claims arising from your use of the platform or the decentralized protocols.

Third-Party Providers
Memstagram utilizes third-party services like Privy.io to process payments and store sensitive information. Memstagram is not responsible for any breaches, errors, or losses caused by these providers. Please refer to their terms and policies for more details.

No Investment Advice
Memstagram does not provide financial, tax, or legal advice. The platform allows users to create memes and earn rewards in digital assets, but these assets are volatile, and their value is not guaranteed. Consult a professional advisor before making any financial decisions.No

Custodianship
Memstagram does not have access to or control over your digital assets. We do not provide custodial services and cannot recover lost or stolen assets. You are solely responsible for safeguarding your wallet and private keys.

8. Liability
Memstagram is an experimental app. By using Memstagram, you acknowledge and accept the risks involved, including but not limited to those associated with blockchain technology. MB, Formio tech, and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or use, arising from or related to your use of the platform, on-chain transactions, or third-party service providers, even if we have been advised of the possibility of such damages.

9. Changes to Terms
We may update these terms and conditions from time to time. Changes will be posted on this page, and we will notify users of significant changes through the app. It is your responsibility to review these terms periodically. Continued use of Memstagram after any changes constitutes acceptance of the new terms.

10. Governing Law
This Agreement is governed by the laws of Lithuania. Any disputes arising from this Agreement or your use of the platform will be resolved through binding arbitration in accordance with the rules of the International Chamber of Commerce (ICC). Users waive the right to participate in class actions or jury trials.

11. Third-Party Services
All users who sign up for Memstagram do so through third-party services such as Privy.io (Horkos, Inc.). By registering, users confirm their acceptance of the Terms of Service of Privy.io (Horkos, Inc.), including their management and storage of payment information. Memstagram does not process or store any payment details directly. Users should review and agree to the terms of these providers before completing any transactions. All payments are final, irreversible, and processed on-chain through decentralized payments (crypto). Privy.io (Horkos, Inc.) also creates a compatible wallet that allows users to interact with the blockchain network seamlessly.

12. Intellectual Property Rights
All content, trademarks, and data on Memstagram, including but not limited to software, text, graphics, logos, icons, designs, and photographs, are the property of MB, Formio tech. Or its content suppliers, which are protected by international intellectual property laws. Users retain ownership of their own content but grant Memstagram a non-exclusive, royalty-free license to use, display, and distribute the content on the platform.

13. Termination
Memstagram reserves the right to terminate or suspend access to the app, with or without notice, for conduct that it believes violates these terms or is harmful to other users of the app, MB, Formio tech, or third parties, or for any other reason in its sole discretion.

14. Indemnification
You agree to indemnify and hold harmless MB, Formio Tech, its affiliates, officers, agents, and employees from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of Memstagram or conduct on the platform.

15. Privacy Policy
Your privacy is important to us. Please review our Privacy Policy for information on how we collect, use, and protect your personal data. By using Memstagram, you agree to the terms outlined in our Privacy Policy.

16. User Disputes
Memstagram is not responsible for any disputes between users or between users and third parties. You agree that Memstagram is not liable for any claims, losses, or damages arising from interactions or transactions between users. All disputes must be resolved between the parties involved.

17. Sanctions Compliance

Memstagram complies with applicable sanctions laws and regulations, including those issued by the United Nations, European Union, and the United States. By using Memstagram, you represent and warrant that you are not located in, under the control of, or a national or resident of any country or region subject to comprehensive sanctions, such as North Korea, Iran, or others as periodically updated by the relevant authorities. Furthermore, you agree not to engage in any transactions or activities on Memstagram that would violate applicable sanctions laws, export controls, or trade restrictions.

U.S. Users
While Memstagram remains accessible to U.S. users, all users are solely responsible for ensuring their activities comply with applicable local laws, including those related to digital assets. Memstagram does not impose geofencing for U.S. users; however, any misuse of the platform that would contravene U.S. sanctions laws or trade regulations may result in restrictions or account suspensions.

18. Contact InformationIf you have any questions or issues, please contact us at: hello@memstagram.com.