Terms of Service

1. Acceptance of these Terms

By downloading, accessing or using APENOW you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, do not use the Service. We may update these Terms from time to time; continued use after an update constitutes acceptance of the revised Terms.

2. Eligibility

You must be at least 18 years old (or the age of legal majority in your jurisdiction, whichever is higher) to use the Service. By using APENOW you represent that you meet this requirement, that you are not located in, or a resident of, any jurisdiction where use of the Service is prohibited, and that you are not subject to economic sanctions or listed on any restricted-party list.

3. Description of the Service

APENOW is a self-custody software interface that lets you view market data and interact with public blockchain networks (including Ethereum, Base, Solana and Robinhood Chain) to swap digital assets, set conditional orders and manage a wallet that you control.

• Self-custody. Your wallet keys are generated and secured through embedded-wallet infrastructure under your control. SENPAI MARKETING LLC does not take possession or custody of your digital assets and cannot move your funds.
• Not a broker, exchange or adviser. We are not a bank, broker-dealer, securities exchange, commodities exchange, money transmitter or investment adviser. All trades execute on public, third-party blockchain protocols and decentralized exchanges that we do not operate or control.
• No fiat services. The Service does not hold fiat currency. Any on/off-ramp is provided by independent third parties under their own terms.

4. Digital Asset Risk Disclosure

Trading digital assets, and memecoins in particular, involves extreme risk. You can lose the entire value of everything you trade. By using the Service you acknowledge and accept, among others, the following risks:

• Prices are highly volatile and can fall to zero in minutes; liquidity can vanish without notice.
• Blockchain transactions are irreversible. Errors, including sending assets to a wrong address, cannot be undone.
• Smart contracts and tokens may contain bugs, malicious code, transfer taxes, or may be abandoned ("rug pulls").
• Protective features of the App (including price checks, slippage limits and conditional orders) are provided on a best-effort basis and do not guarantee any execution price, execution at all, or protection from loss.
• Conditional orders (stop-loss, take-profit, limit) may fire late, at a worse price, or not at all, due to network congestion, liquidity, oracle or data-feed conditions, or downtime.
• Regulatory treatment of digital assets is uncertain and may change.

Nothing in the App is investment, financial, legal or tax advice. Content such as market data, trending lists, community posts or third-party calls is for information only. Do your own research.

5. Fees

The Service may charge a service fee on swaps and order executions, which is displayed or disclosed in the App, in addition to network (gas) fees and fees of third-party protocols, bridges and aggregators. Fees are subject to change. Network fees are consumed by the relevant blockchain even if a transaction fails.

6. Your Responsibilities

• You are solely responsible for your account credentials, your devices, and every transaction you sign or authorize.
• You are responsible for determining what taxes apply to your activity and for reporting and paying them.
• You agree not to use the Service for any unlawful purpose, including money laundering, terrorist financing, sanctions evasion, market manipulation or fraud.
• You agree not to interfere with, reverse engineer, or abuse the Service, its APIs or its infrastructure.

7. Third-Party Services

The Service integrates third-party components, including wallet infrastructure, blockchain RPC providers, decentralized exchange protocols, bridging and routing services, and market-data providers. We do not control these third parties and are not responsible for their performance, availability, security or terms. Your use of them may be subject to their own agreements.

8. Community Content

The App may allow users to publish content such as token calls, comments or profiles. You are solely responsible for content you publish. We may remove content or restrict accounts at our discretion, including content that is unlawful, deceptive or abusive. Community content is not vetted, endorsed or verified by us and must never be treated as investment advice.

9. Intellectual Property

The App, including the APENOW name, logos, design and software, is owned by SENPAI MARKETING LLC or its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY OF DATA, OR UNINTERRUPTED OPERATION. WE DO NOT WARRANT THAT MARKET DATA, PRICES OR QUOTES ARE ACCURATE, COMPLETE OR TIMELY.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SENPAI MARKETING LLC AND ITS MEMBERS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DIGITAL ASSETS, DATA OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE. IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF (A) THE TOTAL SERVICE FEES YOU PAID TO US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED US DOLLARS (USD 100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

12. Indemnification

You agree to indemnify and hold harmless SENPAI MARKETING LLC from any claims, damages, losses and expenses (including reasonable attorneys' fees) arising from your use of the Service, your content, or your violation of these Terms or of applicable law.

13. Suspension and Termination

We may suspend or terminate your access to the Service at any time, with or without cause or notice, including to comply with law or protect the Service or its users. Because the Service is self-custodial, termination of the interface does not affect your ownership of your assets, which remain accessible with your wallet keys through other tools.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of New Mexico, United States, without regard to conflict-of-law rules. Any dispute arising from these Terms or the Service shall be resolved by binding arbitration on an individual basis in Albuquerque, New Mexico, and you waive any right to participate in a class action, except where such waiver is prohibited by law. You may opt out of arbitration within 30 days of first accepting these Terms by writing to [email protected].

15. Miscellaneous

If any provision of these Terms is held unenforceable, the remaining provisions remain in effect. These Terms, together with the Privacy Policy, are the entire agreement between you and SENPAI MARKETING LLC regarding the Service. Failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition or sale of assets.

16. Contact

Questions about these Terms: [email protected]
SENPAI MARKETING LLC, 1209 Mountain Road Pl NE, Albuquerque, NM 87110, United States.