Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "your") and Tops.fun ("Tops", "we", "our" or "us"). These Terms govern your access to and use of the Tops platform and any services provided by Tops (the "Platform" or "Services"). By using or accessing the Platform in any way, you agree to be bound by these Terms.

If you do not agree with these Terms in their entirety, do not access or use the Platform.

1. Eligibility

You must be legally capable of entering into a binding agreement and must not be barred from using the Platform under any applicable law. You may not use the Platform if you are located in any jurisdiction where use of the Platform is prohibited by law. We reserve the right to restrict or deny access to the Platform to any user at any time, for any reason, including if we believe your use poses a risk to us or other users.

2. No Advice or Fiduciary Duty

Tops does not provide financial, investment, legal, tax, or any other professional advice. All information provided through the Platform is for informational purposes only and should not be interpreted as a recommendation to engage in any activity. We are not your broker, advisor, fiduciary or agent. Any decision made by you in connection with the use of the Platform is solely your responsibility. We encourage you to seek independent professional advice before making any decisions involving financial or digital assets.

3. Use of the Platform

You use the Platform entirely at your own risk. We do not guarantee any outcomes, performance, or returns. We may restrict, suspend, or terminate your access to the Platform at any time, for any reason or no reason, without notice or liability. We may modify, suspend, or discontinue any aspect of the Platform at any time without notice. We reserve the right to refuse service to anyone. You are solely responsible for any use of your account or Wallet on the Platform, whether authorized or unauthorized.

4. Risks

Using the Platform may expose you to risks, including but not limited to market volatility, asset loss, hacking, scams, phishing, regulatory changes, technical failures, and third-party dependencies. You accept all risks associated with using the Platform and release us from any and all liability. Tops is not responsible for verifying the identity or authenticity of any users or transactions. Digital assets are inherently volatile and you may lose the entire value of your holdings.

5. Fees

We may charge fees for certain features of the Platform. These may include but are not limited to transaction fees, listing fees, platform commissions, and promotional boosts. We reserve the right to change fees at any time without prior notice. It is your responsibility to review the fee schedule regularly. You are solely responsible for understanding and accepting all applicable fees. Failure to pay applicable fees may result in denial of services or actions on the Platform.

6. Intellectual Property

All content, branding, and intellectual property on the Platform, including but not limited to software, code, graphics, logos, trademarks, and content, belongs to Tops or its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Platform solely for personal, non-commercial use. Any unauthorized use of our intellectual property is strictly prohibited. You may not copy, reproduce, distribute, reverse-engineer, or create derivative works based on our intellectual property without express written permission.

7. User Content and Conduct

By uploading or submitting content to the Platform, including but not limited to text, images, videos, data, metadata, and comments, you grant Tops a perpetual, worldwide, royalty-free, sublicensable, and transferable license to use, display, perform, reproduce, distribute, and adapt such content. You agree not to submit content that is unlawful, infringing, misleading, abusive, harassing, defamatory, obscene, or otherwise inappropriate. We reserve the right to remove content, suspend accounts, and take legal action in response to violations. You are solely responsible for your interactions with other users.

8. Wallets and Transactions

You are responsible for securing your digital wallets and understanding how transactions work. Tops does not custody any assets and has no access to your private keys. All transactions are irreversible and you assume full responsibility for your actions. You must ensure that you have sufficient balance to cover transactions, including all applicable fees. You agree that Tops shall not be liable for any loss resulting from failed, delayed, or erroneous transactions, regardless of cause.

9. Third-Party Integrations

The Platform may contain integrations or links to third-party services, wallets, APIs, or blockchains. We do not control or endorse any third-party services and are not responsible for their availability, accuracy, security, or reliability. Your use of any third-party service is at your own risk. You acknowledge that interactions with third-party platforms may be subject to separate terms and conditions. You release us from any liability arising from such interactions.

10. Termination

We may terminate or suspend your access to the Platform at any time without liability. Upon termination, your license to use the Platform will immediately cease. These Terms will continue to apply to past use. We may also delete or restrict access to your content or data. You may terminate your use of the Platform at any time by discontinuing access. Termination does not relieve you of any outstanding obligations or liabilities.

11. Disclaimers and Limitation of Liability

The Platform is provided "as is" and "as available" without warranties of any kind. To the fullest extent permitted by law, Tops disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. Tops shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost data, or business interruption, even if we were advised of the possibility of such damages. You agree that your sole and exclusive remedy for dissatisfaction with the Platform is to stop using it.

12. Indemnity

You agree to indemnify and hold harmless Tops and its affiliates, directors, officers, employees, contractors, and licensors from any claims, losses, damages, liabilities, legal fees, or expenses arising from your use of the Platform, your breach of these Terms, your violation of applicable law, or your infringement of third-party rights. This obligation will survive termination of your use of the Platform and these Terms.

13. Modifications

We reserve the right to modify these Terms at any time, in our sole discretion. We may notify you of changes via the Platform, email, or social media. Continued use of the Platform after changes are posted constitutes your acceptance of the revised Terms. It is your responsibility to check for updates regularly.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of laws principles. Any disputes, controversies, or claims arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof shall be submitted to and finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The seat of arbitration shall be Wilmington, Delaware, and the proceedings shall be conducted in English. You agree to waive any right to participate in a class action or jury trial. Disputes must be brought within one year of the event giving rise to the claim. You agree to attempt informal resolution of disputes before proceeding to arbitration.

15. No Waiver

Our failure to enforce any part of these Terms shall not constitute a waiver of our rights. Any waiver must be in writing and signed by an authorized representative of Tops.

16. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions shall remain in full force and effect. The unenforceable portion shall be replaced with an enforceable provision that most closely matches the intent of the original.

17. Force Majeure

We are not liable for any delay or failure to perform due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, government actions, labor strikes, pandemics, infrastructure failures, or network outages. Our obligations will be suspended for the duration of such force majeure events.

18. Entire Agreement

These Terms, along with our Privacy Policy and any other legal notices published by Tops, constitute the entire agreement between you and us. They supersede all prior or contemporaneous understandings, agreements, representations, or warranties, whether written or oral.

19. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction to any affiliate or successor in interest.

20. Contact

For any questions, concerns, notices, or support requests, contact us at: hello@tops.fun or via our official Telegram. We may contact you via the contact information you provide or via public announcements on our social channels.