Terms of Service

Welcome to Nexium, a Web3 application built on the Solana blockchain. These Terms of Service ("Terms") govern your use of our application and services and features (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service.

1. Acceptance of Terms

By using the Service, you confirm that you are at least 13 years old and capable of entering into a legally binding agreement. If you are using the Service on behalf of an entity, you represent that you have the authority to bind that entity to these Terms.

2. Description of Service

Nexium provides tools to create and manage tokens. The Service interacts with the Solana blockchain and relies on third-party providers (e.g., Helius, Vercel) for hosting and blockchain data. We do not custody your assets or store personal data beyond what is necessary for transaction processing.

3. Eligibility and Account

You must use a compatible Solana wallet (e.g., Phantom, Solflare) to access the Service. We do not create or manage accounts for you.

You are responsible for maintaining the security of your wallet, including private keys and seed phrases. We are not liable for losses due to compromised wallets.

4. Use of the Service

Permitted Use: You may use the Service in accordance with Solana's Token Program and these Terms.

Prohibited Use: You may not:

• Use the Service for illegal activities, including money laundering or fraud.
• Attempt to interfere with or disrupt the Service or blockchain operations.
• Impersonate others or provide false information.
• Exploit bugs or vulnerabilities for unfair advantage.

Compliance: You are responsible for complying with all applicable laws and regulations when using the Service.

5. Intellectual Property

The Service, including its design, code, and documentation, is owned by us or our licensors and protected by copyright and other intellectual property laws.

You may not copy, modify, distribute, or create derivative works of the Service without our written permission, except as permitted by fair use or open-source licenses (if applicable).

6. Third-Party Services

The Service depends on third-party providers, including Helius for blockchain data and Vercel for hosting. Their terms and privacy policies apply to their services.

We are not responsible for the performance, security, or availability of these providers.

7. Fees and Payments

The Service may incur Solana network fees (e.g., transaction costs) paid in SOL, which are managed by your wallet and the Solana blockchain, not us.

We may charge additional fees for using our services, but service providers may impose their own costs (e.g., Jupiter, Raydium). Check their terms for details.

8. No Financial Advice and Cryptocurrency Risk Disclaimer

No Financial Advice: Nexium does not provide financial, investment, or trading advice. The Service is a tool for creating, managing, and interacting with tokens on the Solana blockchain, and any decisions to use these tools are yours alone. We are not financial advisors, and nothing in the Service or our communications should be construed as advice regarding the value, profitability, or suitability of any cryptocurrency or token.

Cryptocurrency Volatility and Risk: Cryptocurrencies, including SOL and tokens created or managed via the Service, are highly volatile and subject to significant price fluctuations. Trading, holding, or using cryptocurrencies involves substantial risks, including the potential loss of your entire investment. You acknowledge that the value of your assets can change rapidly and unpredictably, and you use the Service at your own risk.

No Responsibility for Losses: We are not responsible or liable for any losses, damages, or costs arising from your use of the Service, including but not limited to financial losses, lost opportunities, network failures, smart contract errors, or changes in cryptocurrency prices. You assume full responsibility for all risks associated with blockchain transactions and cryptocurrency volatility.

9. Disclaimers and Limitations of Liability

No Warranty: The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement.

Risks: Using Web3 applications involves risks, including smart contract bugs, network outages, and loss of assets. We are not liable for any losses resulting from your use of the Service or the Solana blockchain.

Limitation of Liability: To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits or data, arising from your use of the Service, regardless of the cause.

10. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses (including legal fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

11. Termination

We may suspend or terminate your access to the Service at our discretion if you violate these Terms or engage in harmful activities.

You may stop using the Service at any time. Termination does not relieve you of liability for prior actions.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of Florida, USA, without regard to conflict of law principles.

Any disputes will be resolved through binding arbitration in Miami, Florida, unless prohibited by law, in which case you may pursue remedies in court.

13. Changes to Terms

We may update these Terms to reflect changes in our services or legal requirements. Updates will be posted here with a revised "Last Updated" date. Continued use of the Service after changes constitutes acceptance of the new Terms.

14. Contact Us

If you have questions about these Terms or the Service, please contact us at support@nexiumdapp.xyz or through our Discord. We do not store contact information provided to us.

15. Miscellaneous

These Terms constitute the entire agreement between you and us regarding the Service.

If any provision is found unenforceable, the remaining provisions will remain in effect.

Our failure to enforce any right does not waive that right.