General

TERMS OF SERVICE Please read these terms carefully and keep a copy of them for your reference. Please also note that there may be specific terms or conditions applicable to you as a user in a given jurisdiction, as detailed below. Please refer to our Privacy Policy, available at link, for information about how we collect, use, share and otherwise process information about you. AGREEMENT TO TERMS This End User License Agreement and Terms of Service (“EULA” or “Terms”) is a binding contract between you, an individual user or site visitor, whether personally or on behalf of an entity (“user,” “you,” “your”) and the Solana Foundation (the “Foundation,” “we,” “us” or “our”) concerning use of the Foundation’s services (the “Service”), including the www.solana.com website as well as any other media form, media channel, or mobile website related, linked, or otherwise connected thereto (collectively, the “Site”). Currently, the Foundation maintains and operates www.solana.com as a portal for news, information, and updates about the Solana protocol or blockchain (the “Solana Network”) and the Solana ecosystem. For the avoidance of doubt, the Foundation does not control the Solana Network and cannot control activity and data on the Solana Network, the activities of persons who develop and use applications on the Network, the validation of transactions on the Solana Network, or use of the Solana Network. Solana The Network is an open-source protocol that is maintained and processed by Solana Network validators across the globe. BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE EULA. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SERVICE OR SITE. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to this EULA at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of the EULA, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review the EULA to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised EULA by your continued use of the Service after the date such revised EULA is posted. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Service is intended for users who are at least 18 years old. You agree that by using the Site and the Service you are at least 18 years of age, or accessing the Service under the supervision of a parent or guardian, and you are legally able to enter into a contract. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to the Service. If you use the Service on behalf of another person or entity, (a) all references to “you” throughout the EULA will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us. PLEASE NOTE: THE “DISPUTE RESOLUTION” SECTION OF THIS EULA CONTAINS AN ARBITRATION CLAUSE THAT REQUIRES DISPUTES TO BE ARBITRATED ON AN INDIVIDUAL BASIS, AND PROHIBITS CLASS ACTION CLAIMS. IT AFFECTS HOW DISPUTES BETWEEN YOU AND THE FOUNDATION ARE RESOLVED. BY ACCEPTING THIS EULA, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY. SCOPE OF LICENSE TO USERS The Service is licensed, not sold, to you for use only under the terms of the EULA, subject to your complete and ongoing compliance with the terms and conditions of the EULA. The Foundation hereby grants you a personal, limited, revocable, non-transferable license to access and use the Service solely for your own use. You may not modify, alter, reproduce, or distribute the Service. You may not directly rent, lease, lend, sell, redistribute or sublicense the Service. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law), nor attempt to disable or circumvent any security or other technological measure designed to protect the Service or any content available through the Service. If you breach these license restrictions, or otherwise exceed the scope of the licenses granted in the EULA, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights, and denial of access to the Service. WITHOUT LIMITING ANY OTHER PROVISION OF THIS EULA, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS EULA OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your access to the Site for any reason, you are prohibited from attempting to access the Site under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your access, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. PROHIBITED ACTIVITIES You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Service, you agree not to: Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. Make any unauthorized use of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. Circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Service and/or the content contained therein. Engage in unauthorized framing of or linking to the Site. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. Make improper use of our support services or submit false reports of abuse or misconduct. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site. Attempt to impersonate another user or person. Use any information obtained from the Site in order to harass, abuse, or harm another person. Use the Service as part of any effort to compete with us or otherwise use the Service and/or the content for any revenue-generating endeavor or commercial enterprise. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Service to you. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site. Delete the copyright or other proprietary rights notice from any content. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Service or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Service. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”). Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software. Disparage, tarnish, distribute hate speech/explicit content or otherwise harm, in our opinion, us, the Service and/or other users of the Service. Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Service, except as expressly permitted by us or our licensors. Modify our Service, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Service. Infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of the Foundation or any third party. Use the Service in a manner inconsistent with any applicable laws or regulations.

1. Introduction

Welcome to SendIT (the “App”). By accessing or using this App, you agree to be bound by these Terms of Service (the "Terms") and any additional terms that may be disclosed to you in connection with specific functionality or services offered within the App. If you do not agree to these Terms, you may not use the App. We reserve the right to modify these Terms at any time without prior notice, and such modifications will be effective immediately upon being posted. Your continued use of the App will constitute your acceptance of any such modifications.

2. Legal Disclaimer

The content, services, and products offered through the App are provided “as is” and “as available” without any representations or warranties, express or implied, as to the accuracy, reliability, availability, or completeness of any information provided on or through the App. While we strive to provide a quality experience, we make no guarantees regarding the availability, functionality, or accuracy of any information, content, or services provided within the App.

To the fullest extent permitted by law, we disclaim all warranties, express or implied, regarding the App and any results that may be obtained from its use, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. You use this App at your own risk, and we shall not be held liable for any damages arising from the use or inability to use this App, including but not limited to incidental, consequential, special, or punitive damages.

3. Limitation of Liability

Under no circumstances shall we be liable for any direct, indirect, incidental, consequential, special, or punitive damages, or any loss of profits or revenue, arising out of or in connection with your use or inability to use the App, whether based on contract, tort, negligence, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages. This limitation of liability shall apply to the fullest extent permitted by law.

4. User Responsibilities

By using this App, you acknowledge and agree to take full responsibility for your actions and decisions. You agree to abide by all applicable laws and regulations while using the App and to use the App in a manner that does not disrupt or negatively impact other users or the integrity of the App’s functionality. You are responsible for ensuring that you have the necessary hardware, software, and internet connection required to access and use the App. We are not responsible for any technical issues or failures related to your device or internet connection.

5. Data Privacy and Security

We are committed to protecting your privacy and personal information. By using the App, you acknowledge and consent to the collection, use, and storage of data in accordance with our Privacy Policy, which may be updated from time to time. While we strive to implement reasonable security measures to protect your data, we cannot guarantee the absolute security of your information, and you agree to hold us harmless for any unauthorized access to your data.

6. Intellectual Property

All content, trademarks, logos, and other intellectual property displayed on the App are the property of SendIT or third parties and are protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, distribute, or create derivative works from the App’s content without our express written permission or the permission of the respective rights holder(s).

7. Termination

We reserve the right to suspend or terminate your access to the App at any time, for any reason, including but not limited to violations of these Terms or behavior that we deem, in our sole discretion, to be harmful to other users, the App, or our interests. Upon termination, all rights granted to you under these Terms will immediately cease, and you agree to promptly stop using the App.

8. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of [Your Country/State], without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in [Your Country/State] for any disputes arising from or related to your use of the App or these Terms.

9. Entire Agreement

These Terms constitute the entire agreement between you and SendIT regarding the use of the App and supersede any prior or contemporaneous agreements, understandings, or representations, whether oral or written. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

10. Indemnification

You agree to indemnify, defend, and hold harmless SendIT, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your use of the App (including negligent or wrongful conduct) by you or any other person accessing the App using your account.

11. No Financial Advice

The App does not provide financial, investment, or trading advice. Any information provided through the App is for informational purposes only and should not be construed as professional advice. You should consult with a qualified professional before making any financial decisions. SendIT is not responsible for any investment decisions made based on information provided by the App.

While the App is accessible, it is designed solely for use in a testnet environment. The App is not intended for mainnet use, and we expressly disclaim any responsibility for transactions or funds sent from a mainnet environment. Any funds sent from the mainnet will not be accessible or recoverable, and we do not assume liability for any such loss. Using this App on the mainnet may result in a complete and permanent loss of funds. This App is still under development, and by using it, you agree to participate in a beta version of the software that may contain bugs or incomplete features. The functionality may not be stable, and certain components may not work as expected. You acknowledge that this is a test environment, and no refunds, reimbursements, or recoveries of any kind are guaranteed. By using this App, you agree to these terms and waive any right to claim against SendIT for issues arising from mainnet usage, loss of funds, or incomplete functionality. Any funds inadvertently sent to the App on the mainnet may not be recoverable and may be utilized at our discretion.

12. Third-Party Services

The App may contain links to third-party websites or services that are not owned or controlled by SendIT. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that SendIT shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of any such content, goods, or services available on or through any such websites or services.

13. Compliance with Laws

You agree to comply with all applicable local, national, and international laws and regulations in connection with your use of the App. You are solely responsible for any violations of such laws and for any losses that may result from such violations.

13. No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of SendIT.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. The invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

14. Assignment

We may assign or transfer our rights and obligations under these Terms without restriction. You may not assign or transfer any rights or obligations under these Terms without our prior written consent.

15. Contact Information

For any questions or concerns about these Terms, please contact us.