FUN TOKEN TERMS AND CONDITIONS

Last updated: 20 October 2025

These Terms of Sale ("Terms") govern access to and participation in the offshore distribution of the $fun token (the "Token") issued and offered exclusively by DM Fun Ltd, a BVI business company incorporated under the laws of the British Virgin Islands, which is registered under BVI company no. 2188397 and has its registered office c/o Hermes Corporate Services (BVI) Ltd., Sixth (6th) Floor, Water's Edge Building 1, Wickhams Cay 2, Tortola VG1110, British Virgin Islands ("Company"). The sale of Tokens is conducted under British Virgin Islands laws.

By connecting a Wallet (as defined below), submitting an order for a Token, remitting SOL as consideration for a Token and/or otherwise interacting with the sales interface, you ("you" or "user") acknowledge that you have read, understood, and agree to be legally bound by these Terms in full. These Terms form a legally binding agreement between you and the Company.

The Token sale is intended solely for persons who are not located in, resident in, domiciled in, or otherwise subject to the laws or regulatory jurisdiction of the European Union, the European Economic Area, the United Kingdom, the United States of America, or any country or territory subject to comprehensive sanctions as identified in the public consolidated sanctions lists maintained by the United Nations, the European Union, the United Kingdom ("OFSI") and the United States of America ("OFAC") (each a "Prohibited Jurisdiction").

The Company via the Metaplex Genesis protocol uses a risk-based compliance KYC gating system to help prevent users in Prohibited Jurisdictions from accessing the sales interface for the Token and purchasing a Token. This includes tools like geo-location checks, wallet address screening, transaction analysis and other measures aligned with global sanctions compliance standards. Any effort by a user to bypass these controls, such as by using a virtual private network ("VPN"), proxy or similar methods, will be considered a serious violation of these Terms and may lead to refusal or cancellation of any Token Allocation (as defined herein).

The Token is a cryptographic meme coin utility token, designed exclusively for use within the dm.fun ecosystem on the Solana blockchain. These Terms do not constitute a prospectus, solicitation, or offering of securities. A Token is not a share, security, equity interest or other regulated financial instrument. A Token holder has no equity, governance, dividend, profit-sharing, or other financial rights in the Company or any Group Entity. No partnership, joint venture, or similar relationship is created between the user and the Company through participation in the sale of the Token. The Token is not intended to be acquired for speculative or investment purposes with the expectation of making a profit on resale.

Your eligibility and compliance obligations under these Terms continue through completion of Token delivery. If at any time prior to or following the issue of a Token to you, the Company determines that you have violated, or are likely to violate, these Terms or any applicable law or regulation (including, without limitation, sanctions laws), the Company may freeze, cancel, or nullify the relevant Token Allocation to you and take such actions as it considers necessary to comply with law and/or regulatory guidance. The Company shall have no obligation to compensate you for any resulting loss.

Any litepaper, technical paper, website, or other material published by the Company or its affiliates ("Token Documentation") is provided for informational purposes only and does not form part of these Terms or create contractual rights or obligations, nor do they constitute any representation or warranty. In the event of conflict, these Terms prevail.

1. INTERPRETATION AND DEFINITIONS

1. Headings are for convenience only and shall not affect interpretation. Words importing the singular include the plural and vice versa; references to a gender include all genders. References to laws or regulations include any amendments or successors in force at the relevant time. References to "person" include any natural or legal person, partnership, or other entity, wherever incorporated or established.
2. "Accepted Consideration" means payment exclusively in SOL or, where expressly enabled by the Company, USDC on the Solana network. Fiat payments or stablecoins on other networks are not accepted. Any payment not meeting these criteria may be rejected or returned at the payer’s cost.
3. "Access Interface" means the web interface, API and on-chain programs through which users connect a compatible Wallet, submit attestations and settle transactions for the distribution of Tokens administered for and on behalf of the Company.
4. "Affiliate" means, with respect to any person, any person directly or indirectly controlling, controlled by or under common control with such person.
5. "Approved Wallet List" means the technical registry of Wallet addresses that have (i) completed the attestation and acceptance process required under these Terms (ii) been approved or registered to participate in the Token sale under one or more access phases defined by the Company and (iii) been recorded by the Company as eligible to receive Tokens. Transactions from Wallets not appearing on the Approved Wallet List may be blocked automatically.
6. "Compliance Screening" means any automated or manual process performed by or on behalf of the Company to mitigate illicit finance, sanctions, or abuse risk, without necessarily collecting identity documents. Such screening may include wallet-address analytics, blockchain-forensics data, sanctions-list checks, geo-location, device and network telemetry, proxy/VPN detection, or other comparable methods. Screening shall be applied on a risk-based basis consistent with guidance published by OFAC, OFSI and the United Nations.
7. "Group Entity" means the Company and its Affiliates.
8. "Public Whitelist Pre-Sale Window" means the period commencing on 21 October 2025 at 5pm UTC and ending on 21 October 2025 at 11pm UTC or such other period as the Company may announce in accordance with these Terms.
9. "Public Token Sale Window" means the period commencing on 21 October 2025 at 5pm UTC and ending on such date and time as confirmed by the Company in its absolute discretion, or such other period as the Company may announce in accordance with these Terms.
10. "SOL" means the native cryptographic token of the Solana blockchain network and which is denoted by the ticker symbol "SOL".
11. "Token Claim Period" means the period following the Token Allocation, during which you can claim your Token(s) on the Website, which is estimated to be between 8pm UTC on 30 October and 8pm UTC on 30 December 2025, subject to adjustment, postponement or staging at the Company’s discretion.
12. "USDC" means USD, which is a digital stablecoin issued by regulated financial institutions and backed by fully reserved assets, and redeemable on a 1:1 basis for U.S. dollars. USDC is governed by Circle, a consortium that sets technical, policy and financial standards for stablecoins.
13. "UTC" means Universal Time Coordinated.
14. "Wallet" means a non-custodial digital wallet under your sole control that is compatible with the Solana network and that has been successfully allow-listed in accordance with these Terms. Custodial wallets or wallets controlled by third parties are not eligible to participate.
15. "Website" means https://genesis.dm.fun.
16. "Whitelist" means a list of pre-approved users selected by the Company who are granted early access to pre-sale of the Public Token Sale during the Public Whitelist Pre-Sale Window.

2. ELIGIBILITY REQUIREMENTS

1. Participation in the Token sale is permitted only for individuals who (i) have reached the age of majority under the laws applicable in their jurisdiction and (ii) have full legal capacity to enter into binding contracts by and of yourself. By accepting these Terms, you confirm, represent and warrant that you meet these requirements and that you act on your own behalf, do not require the consent of any third party to accept these Terms not as agent, nominee, trustee, or representative of another person or entity. If you accept on behalf of a legal entity, you represent that you are duly authorised to bind that entity and that all representations made herein are true in respect of that entity.
2. Only persons who are both (i) physically located and resident outside of a Prohibited Jurisdiction and (ii) are not a U.S. resident or a U.S. person, may acquire and hold a Token.
3. The Company and its appointed service providers may perform any Compliance Screening and checks deemed necessary to verify compliance with these Terms, including (i) IP-based and network-based verification (ii) Wallet screening through reputable blockchain-analytics providers and (iii) attestation- log review.
4. In order to purchase the Token, you must (i) have a Wallet which works on the Solana blockchain (ii) your Wallet must be on the Approved Wallet List and (iii) you must have provided all KYC documents and information required by the KYC gating in form and substance satisfactory to the Company.

3. TOKEN ALLOCATION

1. The maximum supply of Token shall be one billion (1,000,000,000) Tokens ("Total Token Amount"), or such adjusted lower amount authorised by the Company in accordance with paragraph 3.2 ("Actual Total Token Amount").
2. The Company may decrease the number of Tokens available for purchase below the Total Token Amount, but the Token supply may not exceed the Total Token Amount. The Company reserves the right to lower the Total Token Amount in its absolute discretion for any reason, including but not limited to mining programs and/or governance decisions.
3. Subject to any variation of the Total Token Amount pursuant to this paragraph 3, the Tokens shall be allocated in accordance with the fixed percentages set out below:
   • Community: 30% · 300M — Airdrops and community-focused rewards.
   • Core Contributors: 20% · 200M — Reserved for early contributors and advisors.
   • Treasury: 16% · 160M — The Company’s shareholder will retain treasury tokens to support the long-term growth of the dm.fun ecosystem.
   • Public Token Sale: 15% · 150M — Token pre-sale for community members.
   • Investors: 9% · 90M — Allocated to pre-seed and seed round investors.
   • Initial Seed Liquidity: 7.5% · 75M — Tokens placed as concentrated liquidity and limit orders to support the market.
   • Marketing: 2.5% · 25M — Allocated to growth campaigns to accelerate ecosystem adoption.
4. These Terms relate to the Public Token Sale of up to 15% of the Actual Total Token Amount to Public Token Sale.
5. The shareholder of the Company, being dm.fun Foundation, a Cayman Islands foundation company, shall act as treasurer of all of the Tokens, except for the 15% of the Actual Token Amount allocated to the Public Token Sale to community members.

4. TOKEN PURCHASE

1. Any users who are on the Whitelist as at the commencement of the Public Whitelist Pre-Sale Window shall be eligible to access the pre-sale of the Public Token Sale during the Public Whitelist Pre-Sale Window.
2. The purchase price for a Token during the Public Token Sale Window shall be:
   1. USD0.0561 per Token for the first 30% of users (45,000,000 Tokens) ("Pre-Sale Cap") who purchase Tokens during the Public Token Pre-Sale Window; and
   2. USD0.066 per Token for the remaining 70% of users (105,000,000 Tokens) for any Tokens purchased after the Pre-Sale Cap and/or Public Token Pre-Sale Window has expired, but before the expiry of the Public Token Sale Window.
3. You will be able to purchase up to US$50,000 in value of Tokens using Accepted Consideration per transaction and may make multiple transactions until the percentage of Tokens allocated to the Public Token Sale has been reached.
4. The maximum value of Tokens which may be purchased per Wallet is US$1,000,000.

5. PAYMENTS AND TOKEN DELIVERY

1. Tokens may be purchased exclusively on-chain via Metaplex Genesis smart contract.
2. Payments for Tokens are payable in SOL from your Wallet, or where expressly enabled by the Company, USDC on the Solana network. Fiat currencies and other crypto-assets are not accepted.
3. In order to purchase the Token, you must fund your Wallet with the Accepted Consideration, select the Token for purchase and approve a transaction on-chain through the Access Interface within the Public Token Sale Window. Transactions sent after the Public Token-Sale Window closes will not be processed. The Company is not responsible for late, lost, or mis-directed transfers resulting from incorrect addresses, incompatible wallets, or network congestion or application submitted after the Public Token Sale Window.
4. All payments are final and irrevocable once submitted on-chain. Tokens are non-refundable and non-exchangeable.
5. You are solely responsible for all network transaction fees ("gas") and for verifying that the transfer has been properly executed on the Solana blockchain. The Company shall have no liability for any loss of funds due to user error, network congestion, wallet malfunction, or third-party failure.
6. The allocation of Tokens by the Company to users shall take place immediately after the close of the Public Token Sale Window in accordance with the terms set out herein ("Token Allocation") and Token delivery shall take place during the Token Claim Period, subject to adjustment, postponement, or staging at the Company’s discretion.
7. Following the Token Allocation, users who have successfully completed the process defined herein may claim their allocations through the Access Interface within the Token Claim Period, at which point title to the Token shall pass to you. The Company may revise or extend such dates where required for technical, legal, or operational reasons, and shall have no liability for any modification or delay.
8. Any Tokens which are unclaimed by a user during the Token Claim Period will be automatically airdropped into the Wallet used by such user to pay the Accepted Consideration for the Token.
9. Settlement of each transaction shall be deemed final and complete once confirmed on the Solana network and recorded by the Access Interface as successful.
10. If a transaction fails to settle or is rejected due to non-compliance, the Company may cancel a Token Allocation to a user. In such case, the affected user shall not be able to claim the Tokens allocated to the user and the Company shall have no liability for any failure or delay cause by blockchain network issues, node outages or technical errors outside of the Company’s control.
11. The Company may delay or withhold Token Allocation if required in order to comply with any regulatory guidance or if technical circumstances prevent timely distribution e.g. network congestion, contract migration or smart contact maintenance.
12. The Company is not responsible or liable for any failure or delay in performance under these Terms arising out of or caused by acts beyond the Company’s reasonable control including but not limited to acts of God, natural disasters, pandemic, war, network attacks or blockchain malfunctions.

6. USER REPRESENTATIONS AND WARRANTIES

The user warrants and represents to the Company as follows:

1. If you are an individual, based on applicable laws in your jurisdiction, you are of sufficient legal age and capacity to purchase the Token and accept these Terms without the consent or acquiescence of any third party. If you are a legal person, you are duly organised, validly existing and in good standing under the laws of your domicile and each jurisdiction where you conduct significant business or where your material assets are located.
2. You acknowledge that it is your sole responsibility to ensure that your participation in the Token sale is lawful in your jurisdiction. Your purchase of a Token complies with all applicable laws and regulations in your jurisdiction and the law and regulation of any jurisdiction to which you may be subject, including, but not limited to: (i) legal capacity and any other threshold requirements for purchasing a Token, using a Token in the dm.fun ecosystem and entering into a legally binding contract with the Company (ii) any foreign exchange or regulatory restrictions applicable to such purchase and (iii) any governmental or other consents that may need to be obtained.
3. You are not located or resident in a Prohibited Jurisdiction and your participation in the Token sale will not result in any breach of law, regulation, or court order applicable to you.
4. You are acquiring Tokens solely for your own use and utility within the dm.fun ecosystem, and not as an investment, security, equity interest of any kind or with any expectation of profit, income, appreciation, or resale. You understand that the Token is a digital utility token and not a financial product with an underlying capital value.
5. You acknowledge that you have read and understood these Terms and that you have made your own independent decision to participate in the Token sale based on your own knowledge and judgment. You have had the opportunity to consult legal, tax, accounting, and technical advisers of your choice before participating. You confirm that you are not relying on any statement, representation, or warranty, whether express or implied, made by the Company or any of its Affiliates or partners that is not expressly set forth in these terms.
6. You understand that a Token does not provide you with any ownership or other equity interest in the Company or any Group Entity.
7. You understand that a Token is not intended to be a representation of currency or money (whether fiat or virtual or any form of electronic money or stablecoin), security, commodity, bond, debt instrument, debenture, futures, unit in a collective investment scheme or any other kind of financial instrument or investment;
8. You understand that a Token is not intended to represent any rights under a contract for differences or under any other contract the purpose or pretended purpose of which is to secure a profit or avoid a loss, is not a commodity or asset that any person is obliged to redeem or purchase and is not any note, debenture, warrant or other certificate that entitles the holder to interest, dividend or any kind of return from any person.
9. You are responsible for determining, declaring, and paying any taxes, levies, duties, or similar governmental charges arising out of or relating to your participation in the Token sale or your holding or use of Tokens.
10. You acknowledge that these Terms and all rights and obligations arising out of or in connection with the Token sale, are governed by and construed in accordance with the laws of the British Virgin Islands. You expressly accept that any dispute or claim arising out of or in connection with these terms shall be resolved exclusively through arbitration before the BVI International Arbitration Centre in Tortola, British Virgin Islands in the English language, and that you waive any right to a trial in any other jurisdiction or forum, in accordance with paragraph 10.
11. You have good and sufficient experience and understanding of the functionality, usage, storage, transmission mechanisms and other material characteristics of cryptographic tokens, token storage mechanisms (such as token wallets), blockchain technology, blockchain-like technology and blockchain-based software systems to understand these Terms to appreciate the risks and implications of purchasing a Token.
12. You understand that a Token confers only the right to utilise the dm.fun ecosystem and confers no other rights of any form with respect to the dm.fun ecosystem, the Company or any Group Entity, including, but not limited to, any voting, distribution, redemption, liquidation, proprietary (including all forms of intellectual property), right to receive accounts, financial statements or other financial data, the right to requisition or participate in shareholder meetings, the right to nominate a director or other financial or legal rights.
13. You acknowledge that a Token does not have any intrinsic value, that there is no market-standard valuation process to determine the value of Token at any given time and that the Company gives no guarantees whatsoever on the value of Token, which may be highly volatile and could reduce to zero.
14. Your purchase of a Token shall be made in full compliance with any applicable tax obligations to which you may be subject in any relevant jurisdiction.
15. You are purchasing a Token for your own account and not purchasing on behalf of any other entity or person and not with a view to the resale or distribution of any part thereof, or creating any pledge, lien, security interest, encumbrance, claim or equitable interest in respect of the same.
16. You acknowledge and agree that no regulatory authority has examined or approved of the information set out in any litepaper, the Website or any other material in connection with Token.
17. You are not a citizen, resident (tax or otherwise), domiciliary and/or green card holder or other similar certificate of residency of a country (i) where holding a Token, trading a Token or participating in token sales, whether as a purchaser or a seller, is prohibited, restricted or unauthorised by applicable laws, decrees, regulations, treaties, or administrative acts, or (ii) where it is likely that the sale of the Token would be construed as the sale of a security, financial service or investment product (including without limitation the United States of America, Canada and the People's Republic of China (each a "Restricted Territory"). If you are a legal person, you are not an entity incorporated, established or registered in or under the laws of a Restricted Territory, nor are you purchasing a Token on behalf of any individual or legal person from a Restricted Territory.
18. You have not funded the purchase of the Token with proceeds derived from or related to any unlawful activities, including but not limited to money laundering or terrorist financing and all applicable statutes of all jurisdictions in which you are located, resident, organised or operating.
19. All representations, warranties, acknowledgements and undertakings made by you in these Terms are true, complete, and accurate as of the date of your acceptance and shall remain true, complete and accurate whilst you hold a Token. You undertake to notify the Company immediately if any of your representations or warranties become inaccurate or incomplete. Any breach of this obligation may result in cancellation or voiding of your Token Allocation without refund.
20. You acknowledge and agree that there are risks associated with purchasing a Token, holding a Token and using a Token on the dm.fun ecosystem and have fully read the Risk Factors set out in the Schedule.
21. You acknowledge that, while the Company will make reasonable efforts to develop the dm.fun ecosystem, unforeseen technical, commercial, or regulatory challenges may arise. Consequently, Token may become partially or entirely useless or valueless.

7. COMPLIANCE SCREENING

1. The Company applies a risk-based approach to sanctions and anti-money-laundering ("AML") compliance consistent with guidance issued by OFAC and OFSI, the European Union, and the United Nations.
2. Transactions and Wallet addresses may be screened before and after Token Allocation through reputable blockchain analytics and sanctions-screening vendors to identify potential links to sanctioned entities, high-risk jurisdictions, or illicit-finance indicators.
3. Participation in the Token sale is prohibited for any person, entity, or Wallet appearing on, or associated with persons appearing on, any of the following public consolidated sanctions lists: (i) OFAC SDN and SSI Lists (ii) U.K. OFSI Consolidated List (iii) E.U. Consolidated Financial Sanctions List or (iv) U.N. Sanctions Lists. The Company may deny, block, or reverse any transaction that it reasonably believes violates, or may violate, these sanctions requirements.
4. Where required by applicable law or reasonable risk assessment, the Company may request additional information or confirmations to ensure compliance with sanctions or AML obligations. Failure to provide such information in a timely and accurate manner may result in refusal, suspension, or cancellation of participation. The Company shall have no liability for any loss arising from delay or cancellation made in good faith to comply with sanctions or AML laws.
5. The Company may, where required or reasonably deemed appropriate, report suspicious activity or transaction data to competent authorities or counterpart compliance providers. Such reporting may include on-chain transaction identifiers, Wallet addresses and related metadata, but shall not extend to personal identification data, unless required by law, regulation or court order. The Company reserves the right to co-operate fully with law-enforcement, regulatory or sanctions authorities and to disclose any information necessary to comply with legal or regulatory obligations.
6. If the Company determines, acting reasonably and in good faith, that your participation or continued holding of Tokens may violate sanctions, AML or other applicable laws, the Company may immediately suspend, restrict or terminate your participation and if necessary, freeze or cancel the corresponding Token Allocation to you. The Company shall have no obligation to compensate or refund any amount in such circumstances where termination is made in good-faith compliance with law or regulatory requirements.

8. PERSONAL INFORMATION AND DATA PROTECTION

1. The Access Interface used for the Token sale is operated within the dm.fun ecosystem as part of its technical infrastructure. Limited technical data generated through the Access Interface may be collected and processed for access control and compliance evidence. Such data may be made available to the Company solely to verify participation eligibility and maintain compliance records.
2. The Company operates the Token sale through a non-custodial, decentralised infrastructure that does not require the collection of personal data such as names, identification numbers, or contact details. However, for compliance and operational security, certain technical data may be automatically logged when you interact with the Access Interface, including:
   • Wallet public addresses;
   • blockchain transaction identifiers;
   • IP address, country and timestamp of connection; and
   • any attestation or acceptance logs confirming your representations under these Terms.
3. This limited data processing is carried out solely for the purposes of: (i) enforcing eligibility and sanctions restrictions herein; (ii) evidencing your acceptance of these Terms; (iii) detecting and preventing abuse, fraud, or circumvention of geo-blocking or compliance measures; and (iv) the Company being able to demonstrate compliance with its legal obligations and risk-based framework.
4. The Company does not use or sell data for marketing, profiling or any purpose unrelated to compliance and technical security.
5. Processing is conducted under the lawful basis of legitimate interests (for compliance assurance and fraud prevention) and, where applicable, to comply with legal obligations under sanctions or AML law. All records are processed and stored under the laws of the British Virgin Islands, subject to data-protection standards consistent with the Data Protection Act 2021 and where relevant, principles of the EU General Data Protection Regulation (GDPR).
6. The Company retains technical and compliance logs for up to five (5) years after the close of the Token Allocation, or for a longer period only where necessary to comply with legal or regulatory obligations, to respond to lawful requests by competent authorities, or to establish, exercise or defend legal claims (including applicable limitation periods). Data will be deleted, anonymised, or irreversibly aggregated once retention is no longer required.
7. The Company implements administrative and technical safeguards appropriate to the nature of the data processed, including network encryption, restricted access, and pseudonymisation. However, the Company does not guarantee absolute security of data transmitted over the internet or stored on decentralised systems, and you acknowledge that you transmit such data at your own risk.
8. The Company may engage limited third-party technical providers to support blockchain analytics, sanctions screening and system security. These providers operate under written agreements requiring them to process data only on behalf of the Company and in accordance with these Terms. The Company does not grant such providers independent rights of use or ownership over any data.
9. Given the decentralised nature of blockchain infrastructure, technical data may transit through or be stored in multiple jurisdictions. The Company takes reasonable steps to ensure that any transfer outside the British Virgin Islands provides an adequate level of protection consistent with recognised international standards. By participating in the Token sale, you consent to the transfer and processing of technical data in accordance with this paragraph 8.
10. Subject to applicable law, you may request confirmation of whether data relating to you has been processed and where applicable, may request access, correction, or deletion of such data. To protect the integrity of the blockchain, deletion may not extend to on-chain transaction records or immutable logs required for compliance or audit purposes. The Company may decline any request that would impair its ability to comply with law, defend against claims, or maintain evidence of compliance.
11. The Company may disclose logged data to competent authorities or regulators upon lawful request or where reasonably necessary to comply with applicable law, regulation, or sanctions obligations. Such disclosure will be limited to the minimum data required to satisfy the request and shall be made in good faith.
12. The Company provides no assurance that your local data-protection laws grant the same rights as those set out herein. To the maximum extent permitted by law, the Company disclaims all liability for any difference in data-protection rights between jurisdictions or for any loss arising from cross-border data transfer or processing.
13. Any questions regarding this paragraph 8 or data-related practices may be directed to the Company at legal@dmfun.vg. The Company will respond in accordance with applicable law and within a reasonable time.

9. LIMITATION OF LIABILITY

1. All payments made to the Company are final and non-refundable. No refunds or cancellations will be granted for any reason, including error, network failure or change in market value of the Token. You acknowledge that the Token is a digital asset and that transactions on the blockchain are irreversible.
2. To the maximum extent permitted by applicable law, the Company, its directors, officers, employees, agents, Affiliates and Group Entities shall not be liable to you or any third party for any indirect, consequential, special, exemplary, or punitive damages (howsoever described or defined in any applicable jurisdiction), or for any loss of profits, revenue, goodwill, data or opportunity arising out of or relating to these terms, participation in the token sale, or the use or inability to use the Token, whether based on contract, tort (including negligence), strict liability, or otherwise, even if the Company has been advised of the possibility of such damages.
3. In no event shall the aggregate liability of the Company and any of its Group Entities arising out of or in connection these Terms and or the use of or inability to use a Token, whether in contract, tort (including negligence, whether active, passive or imputed), or other legal or equitable basis, exceed US$20,000 on an aggregate basis per user, regardless of the number of Tokens held by such user. This limitation applies to the fullest extent permitted by law, regardless of the cause of action or theory of liability.
4. To the fullest extent permitted by applicable laws, the Company and its Group Entities shall not be liable in any way in respect of any claim under these Terms if such claim was not made within six (6) months of the date of Token Allocation (such period being the "Claim Deadline"). Any claim which has been made before the expiry of the Claim Deadline shall, if it has not been previously satisfied in full, settled or withdrawn, be deemed to have been withdrawn and shall become fully barred and unenforceable on the expiry of the period of six (6) months commencing from the date on which such claim was made, unless proceedings in respect thereof shall have been commenced against the Company and for this purpose proceedings shall not be deemed to have been commenced, unless they shall have been issued and served upon the Company strictly in accordance with paragraph 10.
5. The Token sale and the Token itself depends on external systems (including the Solana network, blockchain validators and third-party service providers). The Company does not control and is not responsible for any failure, interruption, or error in such systems, nor for any loss resulting therefrom.
6. The Company provides the Token, the Access Interface, and all related materials "as is" and "as available" without any warranty of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted access, or error-free operation. The Company makes no warranty that the token or access interface will be available, functional, secure or free of defects or that any defects will be corrected.
7. To the fullest extent permitted by applicable laws, you agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, Affiliates, Group Entities, contractors, agents and successors (each an "Indemnified Person") from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
   • your breach of these Terms or of any representation or warranty made herein;
   • your violation of any law, regulation, or third-party right;
   • your breach of paragraph 9.4, by attempting to bring a claim outside of the Claim Deadline; or
   • your misuse of the Token, the Access Interface, or any related service.
   This indemnity shall survive termination or expiration of these Terms and shall apply for the benefit of each Indemnified Person to the maximum extent permitted by law.
8. You acknowledge that you have not relied on and shall have no remedy in respect of, any statement, representation, warranty, or understanding other than those expressly set out in these terms. The Company expressly disclaims any responsibility or liability arising from statements or representations made outside this document.
9. All exclusions and limitations of liability set out in this paragraph 9 are cumulative and apply to the fullest extent permitted by law. If any limitation is held invalid or unenforceable in a particular jurisdiction, such limitation shall apply to the maximum extent permitted, and the remaining limitations shall remain in full force and effect.
10. The exclusions and limitations in this paragraph 9 survive any termination of these Terms and continue to apply to all claims, whether arising before or after termination to the maximum extent permitted by law.

10. DISPUTE RESOLUTION AND ARBITRATION

1. You (i) waive all your respective right(s) to have any and all disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, "Disputes") arising from or related to these Terms resolved in a court and (ii) waive all your respective right(s) to have any Disputes heard before a court. Instead, any Dispute be dealt with through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
2. Any Dispute arising out of or related to these Terms will be resolved solely through individual arbitration and in no circumstances shall be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an entity attempts to resolve a Dispute as a representative of another individual or group of individuals. Furthermore, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
3. Any Dispute arising out of or in connection with these Terms or any of the transactions contemplated in connection with the same (including without limitation the enforceability of this paragraph 10 or any question regarding its existence, validity or termination) shall be referred to and finally resolved by arbitration administered by the British Virgin Islands International Arbitration Centre in accordance with the Arbitration Rules of the British Virgin Islands International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this paragraph 10. The seat of the arbitration shall be the British Virgin Islands. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English.
4. The arbitrator does not have the authority to conduct a class arbitration or a representative or class action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
5. Prior to commencing arbitration proceedings in accordance with this paragraph 10, you will notify the Company in writing of any Dispute within thirty (30) calendar days of the date it arises, so that you and the Company can attempt in good faith to resolve the Dispute informally. Notice to the Company shall be sent by e-mail to the Company at legal@dmfun.vg.
6. You agree to keep confidential all matters relating to arbitration proceedings, including any arbitral award, except as is otherwise required by court order or as is necessary to confirm, set aside or enforce the arbitral award and for disclosure in confidence to your respective legal, financial or other professional advisors.

11. GOVERNING LAW AND JURISDICTION

1. These Terms and any dispute, claim, or controversy arising out of or relating to them, or to the Token sale or Token, shall be governed by and construed in accordance with the laws of the British Virgin Islands, without regard to conflict of law principles.
2. The Company and the user expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.

12. INTELLECTUAL PROPERTY

The Company (or the relevant Group Entity, as the case may be) retains all right, title and interest in all of the Company's (or the relevant Group Entity's, as the case may be) intellectual property in connection with Token and any element of the dm.fun ecosystem. You may not use any of the Company’s (or any Group Entity's) intellectual property for any reason.

13. SEVERABILITY

If any provision of these Terms is held to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if that is not possible, deemed deleted without affecting the validity and enforceability of the remaining provisions. The invalidity or unenforceability of any paragraph in one jurisdiction shall not affect its validity in any other jurisdiction.

14. NON-WAIVER

The Company’s failure or delay to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. A waiver shall be effective only if made in writing and signed by an authorised representative of the Company.

15. LANGUAGE

These Terms are executed in the English language, which shall prevail over any translation. In the event of conflict between the English version and any translated version, the English version shall control and govern.

16. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and the Company with respect to the subject matter hereof and supersede all prior agreements, understandings and communications between the parties. They cannot be modified except as specified in these Terms.

Certain Risks Relating to Purchase, Sale and Use of the Token

IMPORTANT NOTE: AS NOTED ELSEWHERE IN THIS AGREEMENT, THE TOKEN IS NOT BEING STRUCTURED OR SOLD AS A SECURITY OR ANY OTHER FORM OF INVESTMENT PRODUCT. ACCORDINGLY, NONE OF THE INFORMATION PRESENTED IN THIS SCHEDULE IS INTENDED TO FORM THE BASIS FOR ANY INVESTMENT DECISION AND NO SPECIFIC RECOMMENDATIONS ARE MADE OR INTENDED. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY DIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING DIRECTLY OR INDIRECTLY FROM: (I) RELIANCE ON ANY INFORMATION CONTAINED IN THIS SCHEDULE (II) ANY ERROR, OMISSION OR INACCURACY IN ANY SUCH INFORMATION (III) ANY ACTION RESULTING FROM SUCH INFORMATION OR (IV) THE SALE OR USE OF THE TOKEN.

By purchasing, holding and using a Token, you expressly acknowledges that you understand and assume a variety of risks (including without limitation the following risks):

1. Risk of changes in functionality

A Token does not have any rights, uses, purpose, attributes, functionalities or features, express or implied, except for those which are specifically described in the in Token Documentation and which may change from time to time.

2. Token is non-refundable

The Company is not obliged to provide Token holders with a refund related to a Token for any reason and Token holders acknowledge and agree that they will not receive money or other compensation in lieu of a refund. No promises of future performance or price are or will be made in respect to a Token, including no promise of inherent value, no promise of continuing payments, and no guarantee that Token will hold any particular value. Therefore, the recovery of spent resources may be impossible or may be subject to foreign laws or regulations, which may not be the same as the laws in the jurisdiction of Token.

3. Risks Associated with the related Blockchain and underlying protocol

Because a Token and the dm.fun ecosystem are based on blockchain technology, any malfunction, breakdown or abandonment of the relevant blockchain may have a material adverse effect on the dm.fun ecosystem or Tokens. Moreover, advances in cryptography, or technical advances such as the development of quantum computing, could present risks to Tokens and the dm.fun ecosystem by rendering ineffective the cryptographic consensus mechanism that underpins the relevant blockchain. The future of cryptography and security innovations is highly unpredictable.

Furthermore, Services available on the dm.fun ecosystem may require digital assets provided by a user to be deposited with, "staked" with and/or otherwise require interaction with various third-party decentralised finance protocols which primarily comprise smart contracts deployed on the relevant blockchain. These third-party decentralised finance protocols and the development team behind these protocols are independent third parties, so the Company and Group Entities have no control over these protocols or teams. These deployed smart contracts underlying the decentralised finance protocols may contain security vulnerabilities, errors, failures, bugs or economic loopholes which may be exploited by third parties, causing you to suffer losses in connection with the Services available on the dm.fun ecosystem. Neither the Company nor any Group Entity can be responsible for any such security vulnerabilities, errors, failures, bugs or economic loopholes.

4. Risk of Losing Access to Token Due to Loss of Private Key(s)

A private key, or a combination of private keys, is necessary to control and dispose of Token stored in your digital Wallet, vault or other storage mechanism. Accordingly, loss of requisite private key(s) associated with your Wallet, vault or other storage mechanism storing Token may result in loss of such Token. Moreover, any third party that gains access to such private key(s), including by gaining access to login credentials of a hosted wallet service used by you, may be able to misappropriate any Token held by you. The Company cannot be responsible for any such losses.

5. Risk of Hacking and Security Weaknesses

Hackers or other malicious groups or organisations may attempt to interfere with the dm.fun ecosystem or Token in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing and spoofing. Furthermore, because the dm.fun ecosystem is based on open-source software, there is a risk that a third party or a member of any Group Entity may intentionally or unintentionally introduce weaknesses into the core infrastructure of the dm.fun ecosystem, which could negatively affect the dm.fun ecosystem and Token.

6. Risk of Uninsured Losses

Unlike in the case of bank accounts or accounts at financial institutions, a Token is uninsured unless you specifically obtain private insurance to insure them. Therefore, in the event of loss or loss of utility value, there is no public insurer or private insurance arranged by any Group Entity to provide recourse (and in any event, the Company is not obliged to compensate or insure you for any event of loss or loss of utility value).

7. Risks Associated with Uncertain Regulations and Enforcement Actions

The regulatory status of a Token and distributed ledger technology is unclear or unsettled in many jurisdictions, but numerous regulatory authorities across jurisdictions have been outspoken about considering the implementation of regulatory regimes which govern cryptocurrency markets. It is difficult to predict how or whether regulatory agencies may apply existing regulation with respect to such technology and its applications, including the dm.fun ecosystem and the Tokens. It is likewise difficult to predict how or whether legislatures or regulatory agencies may implement changes to law and regulation affecting distributed ledger technology and its applications, including the dm.fun ecosystem and Tokens. Regulatory actions could negatively impact the dm.fun ecosystem and Token in various ways, including, for purposes of illustration only, through a determination that Token is a regulated financial instrument that requires registration or licensing, the dm.fun ecosystem may not be able to provide regular service in certain areas. Any Group Entity may cease operations in a jurisdiction in the event that regulatory actions, or changes to law or regulation, make it illegal to operate in such jurisdiction, or commercially undesirable to obtain the necessary regulatory approval(s) to operate in such jurisdiction.

8. Risks Arising from Taxation

The tax characterisation of Token and these Terms is uncertain and may vary between jurisdictions. The Company intends to treat the Tokens and these Terms neither as an equity interest, nor as a debt interest in the Company for tax purposes. It is possible that the Company’s intended treatment of Token and these Terms may be challenged, so that the tax consequences to you and the Company relating to Token and these Terms could differ from those described above. You must seek its own tax advice in connection with purchasing, holding and utilising a Token, which may result in adverse tax consequences to you, including, without limitation, withholding taxes, transfer taxes, value added taxes, income taxes and similar taxes, levies, duties or other charges and tax reporting requirements.

9. Risk of alternative networks/ competitors

It is possible that alternative networks could be established in an attempt to facilitate services that are similar to the Services, or alternative networks could be established that utilise the same or similar code and protocol underlying Token and/or the dm.fun ecosystem. The dm.fun ecosystem may compete with these alternative networks, which could negatively impact the dm.fun ecosystem and/or Token.

10. Risk of Insufficient Interest in the dm.fun ecosystem or Distributed Applications

It is possible that the dm.fun ecosystem will not be used by a large number of individuals, companies and other entities or that there will be limited public interest in the creation and development of distributed ecosystems (such as that on the dm.fun ecosystem) more generally. Such lack of use or interest could negatively impact the development of the dm.fun ecosystem and therefore the potential utility of the Token.

11. Risks Associated with the Development and Maintenance of the dm.fun ecosystem

The dm.fun ecosystem is still under development and may undergo significant changes over time. Although it is intended for Tokens and the dm.fun ecosystem to follow the specifications set out on the Website and the relevant Group Entity will endeavour to work towards those (subject to internal business considerations), changes may be required to be made to the specifications of the Token or the dm.fun ecosystem for any number of reasons. This could create the risk that the Tokens or the dm.fun ecosystem, as further developed and maintained, may not meet your expectations or requirements at the time of purchase. Furthermore, despite the Company's good faith efforts to develop and maintain the dm.fun ecosystem, it is still possible that the dm.fun ecosystem will experience malfunctions or otherwise fail to be adequately developed or maintained, which may negatively impact the dm.fun ecosystem and Token.

12. Risks associated with the Solana blockchain and the Metaplex Genesis protocol

The Tokens are intended to be issued and operate on the Solana blockchain and utilize the Metaplex Genesis protocol for certain core functionalities. The success of the dm.fun ecosystem and the Tokens depend on the continued viability, stability and security of both the Solana network and Metaplex Genesis. Solana is an emerging, high throughput blockchain that has experienced network outages, congestion and other technical disruptions in the past. Similarly, Metaplex Genesis is a relatively new protocol whose long-term development, support, and governance are uncertain. Any material adverse changes to Solana or Metaplex Genesis, including protocol failures, security breaches, regulatory restrictions, or loss of developer/community support, could impair the functionality of the Tokens or make them unusable.

13. Risk of regulatory changes

The current regulation of tokens (including the Tokens), token offerings, cryptocurrencies and blockchain technologies is (i) undeveloped and likely to rapidly evolve (ii) varies significantly among international, federal, state and local jurisdictions and (iii) subject to significant uncertainty. Various legislative and executive bodies in the U.S.A. and in other countries may in the future, adopt laws, regulations, guidance, or other actions, which may severely impact the development and growth of the dm.fun ecosystem and the adoption and utility of the Tokens. Failure by the Company or certain users of the dm.fun ecosystem to comply with any laws, rules and regulations, some of which may not exist yet or are subject to interpretation and may be subject to change, could result in a variety of adverse consequences, including civil penalties and fines.

As blockchain networks and blockchain assets have grown in popularity and in market size, federal and state agencies in the U.S.A, the BVI and other jurisdictions have begun to take interest in, and in some cases regulate, their use and operation. The regulation of non-currency use of blockchain assets is also uncertain. For example, The Commodities Futures Trading Commission in the U.S.A has publicly taken the position that certain blockchain assets are commodities, and the U.S. Securities Exchange Commission ("SEC") has issued a public report stating federal securities laws require treating some blockchain assets as securities. To the extent that a domestic government or quasi-governmental agency exerts regulatory authority over a blockchain network or asset, the dm.fun ecosystem and the Tokens may be materially and adversely affected.

Blockchain networks also face an uncertain regulatory landscape in many jurisdictions such as the European Union, China and Russia. Various jurisdictions may, in the near future, adopt laws, regulations or directives that affect the Solana network and the dm.fun ecosystem. For instance, China has adopted certain regulations prohibiting ICOs. Such laws, regulations or directives may directly and negatively impact our business. The effect of any future regulatory change is impossible to predict, but such change could be substantial and materially adverse to the development and growth of the dm.fun ecosystem, the sale and utility of the Tokens.

New or changing laws and regulations or interpretations of existing laws and regulations, in jurisdictions around the world (including those where you are domiciled), may materially and adversely impact the value of the currency in which the Tokens may be exchanged, if applicable, the liquidity of the Tokens, the ability to access marketplaces or exchanges on which to trade the Tokens, and the structure, rights and the ability to transfer Tokens. As a result, there could be legal disputes over the interpretation of smart contracts used in connection with the Project undermining its functionality.

In addition, non-governmental parties may bring private legal actions against the Company and/or its Affiliates, which may result in curtailment of, or inability to operate, the dm.fun ecosystem as intended, or judgments, settlements, fines or penalties against any or all of them.

To the extent licenses or other authorizations are required in one or more jurisdictions in which the Company operates or will operate, there is no guarantee that the Company will be granted such licenses or authorizations. The Company may need to change its business model to comply with these licensing and/or registration requirements (or any other legal or regulatory requirements) in order to avoid violating applicable laws or regulations or because of the cost of such compliance. Uncertainty in how the legal and regulatory environment will develop could negatively impact the Company.

14. Risks relating to data protection, security, privacy, and other government and industry-specific requirements

There are a number of data protection, security, privacy and other government and industry-specific requirements, including those that require companies to notify individuals of data security incidents involving certain types of personal data. Security compromises could harm the reputation of the dm.fun ecosystem, erode user confidence in the effectiveness of its security measures, and negatively impact its ability to attract new users, or cause existing users to stop using the dm.fun ecosystem.

15. Inadequate disclosure of information

As at the date hereof, the dm.fun ecosystem is still under development and its design concepts, consensus mechanisms, algorithms, codes, and other technical details and parameters may be constantly and frequently updated and changed. Although these Terms contain the most current information relating to the dm.fun ecosystem, it is not absolutely complete and may still be adjusted and updated by the team from time to time. The team has no ability and obligation to keep Token holders informed of every detail (including development progress and expected milestones) regarding the project to develop the dm.fun ecosystem, hence insufficient information disclosure is inevitable and reasonable.

16. Risk of an Unfavourable Fluctuation of Currency Value

The Company intends to use the proceeds from selling Tokens to support the maintenance and development of the dm.fun ecosystem. The proceeds of the sale of Token will be mainly denominated in SOL and possibly other digital assets and may be converted into other cryptographic and fiat currencies. If the value of digital assets fluctuates unfavourably during or after the sale of Token, the relevant Group Entity may not be able to support development plans, or may not be able to maintain Token in the manner that it intended.

17. Risk of Dissolution of the Company, any Group Entity or the dm.fun ecosystem

Start-up companies such as the Company involve a high degree of risk. Financial and operating risks confronting start-up companies are significant, and the Company is not immune to these. Start-up companies often experience unexpected problems in the areas of product development, marketing, financing, and general management, among others, which frequently cannot be solved.

It is possible that, due to any number of reasons, including, but not limited to, an unfavourable fluctuation in the value of cryptographic and fiat currencies, decrease in the utility of the Token due to negative adoption of Tokens, the failure of commercial relationships, or intellectual property ownership challenges, Tokens may no longer be viable to operate and the Company or any Group Entity may be dissolved.

18. Risks Arising from Lack of Governance Rights

Because Tokens confer no governance rights of any kind with respect to the Company or any Group Entity, all decisions involving the Company or its Affiliates will be made by the relevant Group Entity at its sole and absolute discretion, including, but not limited to, decisions to discontinue the operations or development of Tokens, to create and sell more Tokens for use within Tokens, or to sell or liquidate any Group Entity. These decisions could adversely affect Tokens and any Tokens held by you.

19. Risks Involving Cloud Storage

As Tokens may provide or utilise a decentralised cloud storage service for users and applications, therefore the services provided on the dm.fun ecosystem ("Services") are susceptible to a number of risks related to the storage of data in the cloud. The Services may involve the storage of large amounts of sensitive and/or proprietary information, which may be compromised in the event of a cyberattack or other malicious activity. Similarly, the Services may be interrupted and files may become temporarily unavailable in the event of such an attack or malicious activity. Because users can utilise a variety of hardware and software that may interface with the dm.fun ecosystem, there is the risk that the Services may become unavailable or interrupted based on a failure of interoperability or an inability to integrate these third-party systems and devices that the Group Entities do not control. The risk that the Services may face increasing interruptions and the dm.fun ecosystem may face additional security vulnerabilities could adversely affect the dm.fun ecosystem and therefore the future utility of any Token held by you.

20. Risks associated with a lack of markets for Token

There is no prior market for Tokens and the sale of Tokens may not result in an active or liquid market for Tokens. A Token is designed to be utilised solely within the dm.fun ecosystem, hence there may be illiquidity risk with respect to Token held by you. A Token is not a currency issued by any central bank or national, supra-national or quasi-national organisation, nor is it backed by any hard assets or other credit nor is it a "commodity" in the usual and traditional sense of that word. The Company is not responsible for, nor does the Company pursue, the circulation and trading of Token on any market. Trading of Tokens will merely depend on the consensus on its value between the relevant market participants. No one is obliged to purchase any Token from any Token holder, nor does anyone guarantee the liquidity or market price of Token to any extent at any time. Furthermore, a Token may not be resold to a purchaser who is a citizen, national, resident (tax or otherwise), domiciliary or green card holder of a Prohibited Jurisdiction or a Restricted Territory or to users where the purchase of Token may be in violation of applicable laws. Accordingly, the Company cannot ensure that there will be any demand or market for the Tokens, or that the purchase price paid for Token is indicative of any market valuation or market price for Token.

Even if secondary trading of Token is facilitated by third party exchanges, such exchanges may be relatively new and subject to little or no regulatory oversight, making them more susceptible to fraud or manipulation. Furthermore, to the extent that third parties do ascribe an external exchange value to Token (e.g., as denominated in a digital or fiat currency), such value may be extremely volatile, decline below the purchase price which you had paid for Token, and/or diminish to zero.

21. Loss of Talent

The development of the dm.fun ecosystem depends on the continued co-operation of the existing technical team and expert consultants, who are highly knowledgeable and experienced in their respective sectors. The loss of any member may adversely affect the dm.fun ecosystem or its future development. Furthermore, stability and cohesion within the team is critical to the overall development of the dm.fun ecosystem. There is the possibility that conflict within the team and/or departure of core personnel may occur, resulting in negative influence on the project in the future.

22. Failure to develop

The dm.fun ecosystem is still in the developmental stage, hence there may be large changes to the final design before the official version is released. There is the risk that the development of the dm.fun ecosystem will not be executed or implemented as planned, or may not meet any expectation of purchasers of Token, for a variety of reasons, including without limitation the event of a decline in the prices of any digital asset, virtual currency or Token, unforeseen technical difficulties, and shortage of development funds for activities.

23. Unanticipated Risks

Cryptographic tokens such as Token are a new and untested technology. In addition to the aforementioned risks, there may be other risks associated with your purchase, holding and use of Token, including those that the Company cannot anticipate. Such risks may further materialise as unanticipated variations or combinations of the risks discussed in this Schedule.