> For the complete documentation index, see [llms.txt](https://the-nocturnal-foundation.gitbook.io/the-nocturnal-foundation-docs/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://the-nocturnal-foundation.gitbook.io/the-nocturnal-foundation-docs/readme.md).

# Developer Platform

## Terms of Service

Last Revised: \[Oct 2025]

These Terms of Use (the “Terms”) constitute a legally binding agreement between you (“User”, “you”, “your”) and The Nocturnal Foundation (“Company”, “we”, “our”, or “us”) governing your access to and use of the Company’s services, which include but are not limited to its web applications, mobile applications, trading interfaces, decentralized front-ends, APIs, Telegram/Discord bots, and related services (collectively, the “Services”).

By accessing or using the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy. If you do not agree, you must immediately discontinue use.

### **1. Eligibility & Acceptance**

1.1 You must be **at least 18 years old** and have full legal capacity to enter into this Agreement.

1.2 If using the Services on behalf of an organization, you represent and warrant that you are authorized to bind that organization.

1.3 You may not use the Services if you:

* are a resident of, located in, or accessing from a jurisdiction under sanctions (including Cuba, Iran, North Korea, Syria, Russia, or others prohibited by the U.S., U.K., E.U., or U.N.);
* are on any restricted parties list;
* have been suspended or removed from the Services previously.

### **2. Amendments**

We may amend these Terms at our discretion by posting an updated version. Changes take effect upon posting unless otherwise stated. Continued use after changes indicates acceptance.

### **3. Scope of Services**

3.1 The Services provide tools for viewing, analyzing, and interacting with digital assets and decentralized markets.

3.2 No Financial Advice. The Services are provided for informational and educational purposes only. Nothing constitutes investment, trading, tax, or legal advice.

3.3 License. We grant you a limited, revocable, non-exclusive, non-transferable license to access the Services in accordance with these Terms.

3.4 Restrictions. You may not:

* copy, modify, or reverse-engineer the Services;
* use the Services for unlawful purposes;
* overload, attack, or interfere with the Services;
* impersonate others; or
* remove proprietary notices.

### **4. User Responsibilities**

4.1 Wallets & Accounts. You are solely responsible for the security of your wallet, account credentials, private keys, and devices. We cannot recover lost access.

4.2 Transactions. All blockchain transactions are irreversible. Gas fees, slippage, and market volatility are entirely your responsibility.

4.3 Taxes. You are solely responsible for determining and paying any applicable taxes arising from your use of the Services.

4.4 Compliance. You must comply with all applicable laws, including anti-money laundering, counter-terrorist financing, and sanctions obligations.

### **5. Third-Party Services**

5.1 The Services may integrate or link to third-party platforms (e.g., block explorers, DEXs, TradingView). We are not responsible for their content, policies, or services.

5.2 Your use of third-party services is at your own risk and subject to their terms.

### **6. Risks & Disclaimers**

6.1 Digital Asset Risks. Trading and holding digital assets involves high risk of loss, volatility, technical failures, cyberattacks, and regulatory changes.

6.2 Technology Risks. The Services rely on blockchains, smart contracts, and third-party providers. We do not control and are not responsible for their operation, forks, bugs, downtime, or changes.

6.3 “As Is” Basis. The Services are provided without warranties of any kind, express or implied, including merchantability, fitness for purpose, or non-infringement.

6.4 User Errors. We are not responsible for mistakes such as lost passwords, sending funds to wrong addresses, or improper transactions.

### 7. Intellectual Property

7.1 All rights in the Services (software, design, logos, documentation) belong to the Company or licensors.

7.2 You may not copy, distribute, or use them except as expressly permitted under these Terms.

7.3 If you provide feedback, you grant us a worldwide, royalty-free, irrevocable license to use it without restriction.

### 8. Confidentiality & Data

8.1 Confidentiality. Certain business or account information may be confidential. Both parties agree to maintain confidentiality except as required by law.

8.2 Data.

* User Data. You retain ownership of any data you upload. You authorize us to use it to provide Services.
* Telemetry Data. We may collect anonymized and aggregated usage data to improve the Services.
* Personal Data. If applicable, processing will comply with our Privacy Policy and applicable law (including GDPR where relevant).<br>

### 9. Indemnification

You agree to indemnify and hold harmless the Company, its affiliates, officers, employees, and contractors from claims, damages, liabilities, costs, and expenses (including legal fees) arising from:

* your use or misuse of the Services;
* your breach of these Terms;
* violation of law; or
* disputes with other users or third parties.

### 10. Limitation of Liability

To the maximum extent permitted by law, in no event shall the Company be liable to you or any third party for any lost profits, business interruption, loss of data, replacement services, or any other special, incidental, consequential, punitive, or indirect damages, however caused and under any theory of liability, arising from or related to these Terms, your use of (or inability to use) the Platform, the Website, the Services, or any content or information accessed therein—even if the Company has been advised of the possibility of such damages.

Access to and use of the Platform and Services is at your own discretion and risk. You are solely responsible for any damage to your property, systems, or loss of data that may result.

### 11. Termination & Suspension

11.1 We may suspend or terminate your access immediately if you breach these Terms, pose a risk, or fail to pay applicable fees.

11.2 You may terminate by ceasing use of the Services.

11.3 Provisions relating to IP, disclaimers, indemnity, and dispute resolution survive termination.

### 12. Dispute Resolution & Governing Law

12.1 Governing Law. These Terms shall be governed by the laws of \[Insert Jurisdiction] without regard to conflicts of laws principles.

12.2 Arbitration. Any dispute shall be resolved by binding arbitration on an individual basis, unless otherwise required by law. Class actions and jury trials are waived.

12.3 Equitable Relief. Either party may seek injunctive or equitable relief in court for IP or confidentiality breaches.

### 13. Miscellaneous

* Force Majeure. We are not responsible for failures due to events beyond our reasonable control (e.g., cyberattacks, natural disasters).
* Assignment. You may not assign your rights without our prior written consent. We may assign freely.
* Entire Agreement. These Terms constitute the entire agreement between you and the Company.
* Severability. If any clause is found unenforceable, the remainder remains valid.
* Waiver. Failure to enforce a right does not waive it.
