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 Money ("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.

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").

To use the Services, you must legally be able to enter into the Agreement. By using the Services, you represent and warrant that you meet the eligibility requirement. If you do not meet the requirement, you must not access or use the Site or the Services.

We may update the Services and the Terms.

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.

Neverland.money is an informational resource about the Protocol.

All information provided in connection with your access and use of the Services is intended for informational purposes only. While we strive to provide accurate and reliable information, we cannot guarantee the accuracy, completeness, or timeliness of the information provided.

Users retain full control over their crypto assets.

It is important to understand that neither we nor any affiliated entity is a party to any transaction on the blockchain networks underlying the Neverland Protocol; we do not have possession, custody or control over any crypto assets, or any user's funds. You understand that when you interact with Neverland Protocol, you retain control over your crypto assets at all times.

Users use third-party self-custodial wallets to interact with the Neverland Protocol.

To interact with the Neverland Protocol using the Interface, you will need to connect and engage with it through your self-custodial wallet. Your self-custodial wallet is provided by a third-party entity and is generally governed by separate terms and conditions set by the respective third-party service provider.

We are not intermediaries to blockchain transactions.

Due to the non-custodial and decentralized nature of the technology, we are not intermediaries, agents, advisors, or custodians, and we do not have a fiduciary relationship or obligation to you regarding any decisions, actions, or transactions you make when using our Services.

You assume the risks of engaging in novel and experimental technology.

Technologies such as smart contracts on various blockchains, cryptographic tokens generated by the smart contracts, and other nascent software, applications, and systems that interact with blockchain-based networks are experimental, speculative, inherently risky, and subject to change.

We are not liable for any third-party services or links.

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.

You are solely responsible for the security of your self-custodial wallet.

You understand and agree that you are solely responsible for maintaining the security of your self-custodial wallet. You alone are responsible for securing your private keys. We do not have access to your private keys.

We reserve the right to restrict your access from engaging with the Services.

You agree that we have the right to restrict your access to the Services if we suspect, in our sole discretion, that you are using the Services for money laundering, illegal activity, fraudulent activity, or are the target of any sanctions.

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

We make no representations or warranties.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO GUARANTEES OF ANY KIND IN CONNECTION WITH THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED.

Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY NEVERLAND MONEY PARTY BE LIABLE TO YOU FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE LOSSES OR DAMAGES.

IN NO EVENT WILL OUR CUMULATIVE LIABILITY TO YOU OR ANY OTHER USER, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY EXCEED ONE THOUSAND U.S. DOLLARS (U.S. $1,000.00).

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

PLEASE READ THIS SECTION CAREFULLY: IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

Agreement to Attempt to Resolve Disputes Through Good Faith Negotiations

Prior to commencing any legal proceeding against us, you and we agree that we will attempt to resolve any dispute, claim, or controversy between us by engaging in good faith negotiations.

Agreement to Arbitrate

You and we agree that any Dispute that cannot be resolved through the procedures set forth above will be resolved through binding arbitration. The arbitrator's award of damages must be consistent with the terms of the "Limitation of Liability" subsection of these Terms.

UNLESS YOU PROVIDE US WITH AN ARBITRATION OPT-OUT NOTICE, YOU ACKNOWLEDGE AND AGREE THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

This Agreement is effective unless and until terminated by either you or us. 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.