Terms of Service

These Terms of Use ("Terms") govern your access to and use of both the neverland.money website (referred to as "neverland.money") and our DeFi interface (referred to as the "Interface") collectively referred to as the "Services." The Services are brought to you by Neverland Foundation, incorporated in the Cayman Islands ("we," "us," or "our"). neverland.money provides information and resources about the fundamentals of the decentralized non-custodial liquidity protocol called the Neverland Protocol, comprised of open-source self-executing smart contracts that are deployed on various permissionless public blockchains, such as Monad (the "Neverland Protocol" or the "Protocol"). Neverland Money does not control or operate any version of the Neverland Protocol on any blockchain network. neverland.money acts solely as an infrastructure provider for the Protocol and does not provide custodial, broker, or financial services to users.

The Interface provides one of the available applications through which users, via their self-custodial wallets, interact with the Neverland Protocol.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE BELOW. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND WE AGREE THAT ANY DISPUTES RELATING TO THE SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

You are entering into a binding Agreement.

BY ACCESSING OR USING OUR SERVICES, YOU ARE ENTERING INTO A BINDING AGREEMENT WITH US THAT INCLUDES THESE TERMS, PRIVACY POLICY, AND OTHER POLICIES REFERENCED HEREIN (COLLECTIVELY, THE "AGREEMENT").

Access to and use of the Services is prohibited for any individual or entity who is a citizen, resident, or located in a jurisdiction where such access or use is restricted or prohibited under applicable laws, regulations, or sanctions regimes. This includes, without limitation, the United States, the United Kingdom, any European Union member state, the Cayman Islands, and jurisdictions subject to sanctions imposed by the United Nations, the European Union, or the U.S. Office of Foreign Assets Control (OFAC).

To use Services, you must be at least 18 years old and have full legal capacity to enter into binding agreements. If you are under the age of 18 or lack the legal capacity, use the Services with the explicit permission and supervision of your parent or legal guardian. In such cases, your parent or legal guardian must read and agree to these Terms on your behalf and will be responsible for all activities conducted through Services.

If you are a parent or legal guardian permitting a minor or someone without full legal capacity to use the Services, you agree to these Terms on their behalf and assume full responsibility for their compliance with these Terms.

If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the legal authority to bind such entity to these Terms. In such cases, the terms "User" "you" and "your" shall refer to both you as an individual and the entity you represent.

We may change or update the Services, the Agreement, and any part of the Terms at any time, for any reason, at our sole discretion. Once any part of the Agreement is updated and in effect, you will be bound by the Terms if you continue to use the Services.

Nature of the Service. neverland.money provides an informational Interface to interact with the Neverland Protocol. All content, materials, data, and other information made available through the Interface are for general informational purposes only. While we endeavor to ensure that the information is accurate and up to date, we do not warrant or guarantee its accuracy, completeness, reliability, suitability, or timeliness. You acknowledge that any reliance on the information is at your sole risk.

Non Custodial Service. We do not hold, possess, custody, or control any crypto assets, fiat currency, or other digital or tangible assets belonging to you or any other user.

User Control. At all times, you retain exclusive control over your crypto assets. You agree that any transfers, trades, swaps, deposits, withdrawals, or other transactions you initiate through the Interface occur directly on underlying blockchain networks, and that we are not a counterparty to any such transactions.

Self Custodial Wallets. To use the Interface, you must connect a self custodial wallet supported by the Neverland protocol. All wallet software or hardware is developed and maintained by third parties.

Separate Terms. Your use of any Wallet is subject to the separate terms, privacy policies, and risk disclosures of the wallet provider. We do not endorse, guarantee, or warrant any third party wallet, and we shall not be liable for any failure or compromise of such wallet.

No Intermediary. We are not an intermediary, agent, broker, exchange, clearinghouse, custodian, or financial institution with respect to any blockchain transaction you effect.

No Fiduciary Relationship. Nothing in these Terms creates a fiduciary, advisory, or special relationship between you and us. You bear sole responsibility for your decisions and actions when using the Interface or interacting with the Protocol.

No Financial, Tax or Legal Advice. The Protocol is not registered with any financial regulatory authority in any jurisdiction and is not intended to constitute an offer of securities or investment services. The Information provided through the neverland.money and Interface does not constitute financial, investment, tax, legal, or other professional advice, and you should not rely on it as such. Users should consult independent advisors before engaging with the Protocol. Rewards, yields, or returns are not guaranteed and are determined solely by decentralized governance.

Independent Judgment. You agree to seek your own professional advice and to perform your own due diligence before entering into any transaction or investment.

By accessing or using the neverland.money, you expressly acknowledge, accept, and assume all risks associated with blockchain technology, smart contracts and digital assets, including but not limited to:

• Cryptocurrency Volatility: The value of tokens, and other digital items is inherently subjective and volatile, and you may lose financial value permanently.
• Ecosystem Risks: The utility and value of tokens depend on the adoption, functionality, and growth of blockchain ecosystems, which may fail or evolve unpredictably.
• Regulatory Uncertainty: Laws governing cryptocurrencies, and blockchain technologies are unsettled and may adversely impact the neverland.money's operations or your assets.
• Internet and Security Risks: Use of the Services may expose you to cyberattacks, unauthorized access to your wallet or internet disruptions.
• Third-Party Dependencies: The neverland.money relies on third-party services, and disruptions to these services may impair functionality.
• Smart Contract Administration: All transactions are governed entirely by smart contracts technology. Once the predetermined conditions for collateral liquidation are met, liquidation will occur automatically and cannot be halted or reversed.

WE ARE NOT RESPONSIBLE FOR THE CONTENT OR SERVICES OF ANY THIRD-PARTY, INCLUDING ANY NETWORK OR APPS LIKE DISCORD OR METAMASK, AND WE MAKE NO REPRESENTATIONS REGARDING THE CONTENT OR ACCURACY OF ANY THIRD-PARTY SERVICES OR MATERIALS.

User Responsibility. You are solely responsible for keeping your self custodial wallet and all associated private keys, seed phrases, passwords, and credentials, secure. You agree that you alone bear all risk of loss or theft of your crypto assets resulting from unauthorized access to your wallet.

No Access or Control. We do not have and will never request access to your private keys or seed phrases, nor do we store, transmit, or manage them on your behalf. Under no circumstances will we be able to recover your private keys if they are lost or stolen.

Best Practices. You should employ appropriate security measures, including but not limited to:

• Storing private keys offline in hardware wallets or other cold storage solutions;
• Enabling multi factor authentication where supported;
• Regularly updating and patching your wallet software;
• Keeping backups of seed phrases in secure, geographically diverse locations.

You are responsible for your taxes and duties.

Users bear sole responsibility for paying any and all taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority associated with their use of the Services. Blockchain-based transactions are novel, and their tax treatment is uncertain.

We grant you a license to use our Services.

Contingent upon your ongoing compliance with the Agreement, we grant you a personal, worldwide, revocable, non-exclusive, and non-assignable license to use the software provided to you as part of our Services.

We own all rights in the Services.

We own any and all right, title, and interest in and to the Services, including any and all copyrights in and to any content, code, data, or other materials that you may access or use on or through the Services.

You may only use the Services if you comply with this Agreement, applicable third-party policies, and all applicable laws, rules, regulations, and related guidance.

The following conduct is prohibited:

• Engaging in or promoting any unlawful, fraudulent, or illegal activity
• Exploiting the Services for any unauthorized commercial purpose
• Uploading or transmitting viruses, worms, Trojan horses, or other harmful code
• Copying, reproducing, or making unauthorized use of any portion of the Services
• Harvesting, scraping, mining, or otherwise collecting data without authorization
• Using the Services under false or fraudulent pretenses
• Interfering with other users' access to or use of the Services
• Engaging in any attack, hack, denial-of-service attack, or exploit
• Engaging in any anticompetitive behavior or market manipulation
• Any conduct that, in our sole discretion, interferes with or disrupts the Services or other users' access may result in restricted access or termination.

We make no representations or warranties.

Service Provided "AS IS." The neverland.money and its services are provided on an "as is" and "as available" basis, without any express or implied warranties of any kind. We expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including but not limited to any warranties of merchantability, fitness for a particular purpose, non-infringement, title, or that the neverland.money's content or services will be accurate, error-free, uninterrupted, secure, or free of harmful components. Users are solely responsible for verifying any information obtained through the neverland.money before relying on it for any purpose. We do not warrant that the neverland.money will be continuous, error-free, secure, or free of viruses, malware, or other harmful components.

Limitation of Liability. To the maximum extent permitted by law, in no event shall the we, our affiliates, officers, directors, employees, contractors, licensors, or agents be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to lost profits, lost revenues, lost data, business interruption, reputational harm, or any other losses arising out of or in connection with:

• The use of, inability to use, or reliance on the neverland.money or its content;
• Any inaccuracies, errors, or omissions in the neverland.money's content;
• Any third-party actions, services displayed on the neverland.money; or
• Any modifications, discontinuation, suspension, or termination of the neverland.money or its services.

This limitation applies regardless of the legal theory of liability, whether based on contract, tort, negligence, strict liability, or any other cause of action, and whether or not we were advised of the possibility of such damages.

If, notwithstanding the foregoing, we are found liable for any claims arising from or related to the use of the neverland.money, our aggregate liability shall in no event exceed the amount of $1,000 (one thousand US dollars).

Some jurisdictions may not permit the exclusion or limitation of certain damages; in those cases, the limitations shall apply to the maximum extent permitted.

You agree to indemnify, defend, and hold harmless Neverland Money from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of:

• Your breach or alleged breach of the Agreement
• Anything you contribute to the Services
• Your misuse of the Services, or any smart contract related thereto
• Your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders
• Your violation of the rights of any third party
• Your use of a third-party product, service, and/or website
• Any misrepresentation made by you

This indemnification applies only to the extent that such claims arise from your actions or omissions and not from our negligence or willful misconduct.

Initial Negotiations. In the event of any dispute or claim arising out of or relating to these Terms or your use of the neverland.money, both parties (i.e., you and the Company) agree to first attempt to resolve the matter through good faith negotiations. We encourage open communication and a mutual effort to settle any issues before proceeding further.

Mediation. If a resolution cannot be reached through negotiation, both parties agree to submit the dispute to mediation. The mediator shall be chosen by mutual agreement. If you and the Company are unable to agree on a mediator within a reasonable timeframe, the Company will appoint a mediator on behalf of both parties. Mediation is intended to be a non-binding process aimed at facilitating an amicable resolution.

Binding Arbitration. Any dispute, controversy, or claim arising out of or relating to these Terms, including their formation, validity, interpretation, performance, breach, or termination, shall be finally settled by arbitration under the LCIA Arbitration Rules. The seat (legal place) of arbitration shall be London, United Kingdom. The language of the arbitration shall be English.

The arbitration shall be conducted by a sole arbitrator appointed in accordance with the LCIA Rules. If you are a consumer subject to laws prohibiting mandatory arbitration clauses, this clause does not apply to you and you may have the right to bring claims before your local courts.

Language of Proceedings. All negotiations, mediation sessions, and arbitration hearings shall be conducted exclusively in the English language.

Time Limit for Claims. Any claim or cause of action arising from or relating to these Terms or the use of the neverland.money must be initiated within one (1) year from the date the cause of action arises. If a claim is not brought within this timeframe, it will be deemed waived and barred.

This Agreement is effective unless and until terminated by either you or us. Provisions of this Agreement which by their nature should survive termination (e.g., ownership, disclaimers, limitations of liability, and arbitration) shall remain in effect. You may terminate your Agreement with us at any time by ceasing all access to the Services. If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement, we reserve the right to terminate our Agreement with you and deny you access to the Services.

WE RESERVE THE RIGHT TO MODIFY THE SERVICES AT ANY TIME, BUT WE HAVE NO OBLIGATION TO UPDATE THE SERVICES. YOU AGREE THAT WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Cayman Islands.

You may contact us with questions about your use of the Services at legal@neverland.money.