# Terms

By accessing or using the services provided by the Jester team (the **“Service”**), you agree to be bound by these Terms and Conditions (these **“Terms”**). If you do not agree with any part of these Terms, you must not use the Service. These Terms apply to all users worldwide and govern all aspects of use. We may also maintain a separate Privacy Policy governing how we collect and use personal information; by using the Service, you consent to the practices described in any such Privacy Policy. Use of the Service is **entirely voluntary**, but if you choose to participate, you are **legally bound** by these Terms.

### Eligibility and User Compliance

The Service is intended **solely for individual retail users** for personal use. By using the Service, you represent and warrant that you meet **all** the following criteria:

* **Legal Age:** You are at least 18 years old (or the age of majority in your jurisdiction) and fully able to form a binding contract.
* **Personal Capacity:** You are using the Service on your own behalf as an individual, and not as an agent or representative of any business, institution, or third party. The Service is for personal (non-commercial) use only.
* **Non-Restricted Jurisdiction:** You are **not** a citizen or resident of, located in, or accessing the Service from any country or region that is subject to trade sanctions, embargoes, or other legal restrictions (including, for example, **U.S. OFAC-sanctioned countries** such as Cuba, Iran, North Korea, Syria, etc., or any other region where use of this Service would violate applicable law). You are not on any government-issued watchlist or sanctions list, and you are not using the Service on behalf of a person or entity that is prohibited under applicable sanctions.
* **Compliance with Laws:** You will comply with all laws and regulations applicable to your use of the Service. You are solely responsible for understanding and adhering to any local laws that might affect your right to use the Service. You will not use any means (such as VPNs or proxies) to circumvent geographic or legal restrictions imposed by applicable law or by us on the Service.
* **No Illegal or Abusive Conduct:** You will not use the Service for any unlawful, fraudulent, or abusive purpose. This includes refraining from any activity that violates these Terms, any third-party rights, or any laws or regulations (e.g., no market manipulation, no unauthorized account access, no exploitation of the Service).

We reserve the right to **deny or revoke access** to the Service to any user at our sole discretion, including if we believe a user has violated these eligibility requirements or any other provision of these Terms.

### Accounts and Third-Party Services

Use of our Service may require you to have an existing account on a third-party platform (for example, a **cryptocurrency exchange** such as Hyperliquid) or a compatible blockchain wallet. **We do not offer a custodial account service** – any trading or transactions you execute (such as buying/selling assets) occur on third-party platforms or networks, **not on the Service itself**. Your accounts on any exchange or wallet (including all security credentials like passwords, private keys, etc.) are **your responsibility**. We **do not control** and are not responsible for the security or management of your accounts on external platforms. You agree that:

* **No Custody of Funds:** The Jester team does not hold or control your cryptocurrency or fiat funds at any time. Any funds or assets you use in connection with the Service (for example, trading capital on Hyperliquid) remain in your own or a third-party’s custody.
* **Account Security:** You are solely responsible for maintaining the confidentiality and security of your login information, wallet private keys, and any other credentials. If you lose access to your exchange account or wallet, or if it is compromised, we **cannot recover** it for you. We are not liable for any losses or unauthorized transactions in your third-party accounts.
* **Third-Party Terms:** Your use of any external platform (such as an exchange) is governed by that platform’s own terms and conditions. You are responsible for reading and complying with those terms (including any **fees**, **trading rules**, or **verification requirements**). We **assume no liability** for any actions or policies of third-party service providers. For example, if the exchange you use experiences downtime, account suspension, or requires additional verification, those issues are between you and that provider, not the Jester team.
* **No Endorsement:** The reference to or integration with third-party services (e.g., Hyperliquid exchange) does not constitute an endorsement or guarantee by us of their services. We provide our Service in conjunction with such platforms **“as is,”** and you bear all risks associated with using any third-party platform.

### Guild Leader Loyalty Points Program

We offer a loyalty rewards program (the **“Loyalty Program”**) for qualifying users known as **Guild Leaders**. This section describes the terms of that program:

* **Guild Leaders:** Guild Leaders are users who participate in our community-driven program (for example, by referring other users, leading a group/guild of traders, or otherwise contributing to the ecosystem as specified by the Jester team). Eligibility to become a Guild Leader, and the specific activities that earn rewards, will be determined by us and communicated through official channels. We may require a separate sign-up or approval to attain Guild Leader status.
* **Earning Loyalty Points:** Guild Leaders can earn **Loyalty Points** based on certain activities or performance metrics defined by the Jester team. For instance, points may be awarded in proportion to the trading activity of the users in the Guild Leader’s group, successful referrals, completion of certain tasks or quests, or other contributions. The exact point criteria and formulas will be provided (for example, a Guild Leader might earn a fraction of points from each trade their referred members execute, etc.). **Points are accumulated** throughout a **program period** or “season.”
* **Non-Transferable & No Cash Value:** Loyalty Points are **non-transferable and non-tradeable**. They are effectively **“soul-bound” to the account** or user that earned them and **cannot be sold or moved** to others. Points are **not cash or a cash equivalent**; they have no inherent monetary value and cannot be redeemed for fiat currency or other assets except through the specific reward conversion mechanism described below. Until converted as part of the program’s rewards, points do not represent any ownership, equity, or claim on any assets. **Any attempt to transfer or exchange points is prohibited.**
* **Seasonal Rewards and Conversion:** The Loyalty Program operates in seasons (each a **“Season”**), the duration of which will be determined and announced by us (e.g., a Season could be a number of weeks or months). At the end of each Season, the Jester team will conduct a **buyback of JEST tokens** (or other designated reward assets) using funds allocated for the Loyalty Program. A certain percentage of these buyback tokens (up to 100% of them, as determined by us) will form a **reward pool** for Guild Leaders. Each Guild Leader will be entitled to a share of this reward pool **proportional to their Loyalty Points** relative to the total points earned by all Guild Leaders during that Season. In other words, if your points constitute *X*% of the total points pool, you may claim roughly *X*% of the JEST tokens (or rewards) that we distribute for that Season.
* **Reward Distribution:** After the Season ends, we will announce the conversion ratio or distribution amount and make the rewards available to Guild Leaders who have qualified. Distribution may be done by crediting tokens to your registered wallet or account. **Important:** The exact timing, form, and procedure of reward distribution is at our discretion. We may require you to perform certain actions to claim your reward (for example, logging in to a dashboard or providing a wallet address). If you fail to claim your reward within a given time frame (if one is stated), the reward may be forfeited.
* **No Guarantee of Value:** The conversion of Loyalty Points into JEST tokens or any reward is **not fixed or guaranteed** in value. The value of JEST tokens (or any reward asset) is subject to market conditions and volatility, which are outside of our control. We do not promise that any specific amount of points will equal any specific value or number of tokens. The *percentage* share of the pool for each Guild Leader is based on points, but the **size of the pool itself** (i.e. how many tokens or what value is distributed in total) is decided by us and can vary season to season. **There is no guaranteed minimum reward.** You acknowledge that Loyalty Points are a promotional reward mechanism and not a debt or financial instrument; their utility is limited to potentially yielding rewards under this program, which could be modified or discontinued.
* **Program Changes and Termination:** We reserve the **right to modify, suspend, or terminate** the Loyalty Program (in whole or in part) at any time, in our sole discretion[f](https://www.fxtm.com/s3-static/2024-08/FXTM-Rewards-Terms-Conditions-june2024.pdf). This includes the ability to change how points are earned, change the conversion rate or distribution formula, change what (if anything) points can be redeemed for, or discontinue the issuance of points entirely. Such changes can apply retroactively to points already accumulated (for example, we may decide to adjust the weighting or invalidate certain points criteria). While we will strive to inform Guild Leaders of significant changes (e.g., via announcements), **we are under no obligation to maintain the program** for any set duration. You accept that loyalty programs by their nature can be unilaterally adjusted by the issuer, and you will have no claim for compensation or damages in the event that points lose value, a Season’s rewards are reduced, or the program is ended.
* **Fraud, Abuse, and Forfeiture:** The Loyalty Program is meant to reward genuine engagement. **Any fraudulent, abusive, or gaming behavior** (for example, creating fake accounts, artificially inflating activity, exploiting loopholes, or any misconduct aimed at unfairly accumulating points) is strictly prohibited. We reserve the right to **investigate and determine** in our discretion what constitutes abuse or fraud. If we suspect a Guild Leader of violating the rules or spirit of the program, we may **reduce, revoke, or cancel** their Loyalty Points and/or disqualify them from the program (temporarily or permanently), **without compensation**. We may also claw back any distributed rewards that were obtained dishonestly. Our decisions in such matters are final. Guild Leaders must also comply with any additional rules or code of conduct we communicate for the program.
* **No Transfer of Status:** Your status as a Guild Leader is personal to you and cannot be transferred or assigned to another person. Likewise, Loyalty Points cannot be transferred as noted above. Any attempt to sell, barter, or assign your Guild Leader account or points to someone else is void and may result in termination of your participation.
* **Taxes:** You are solely responsible for any **tax obligations** that may arise from receiving rewards (for example, if you receive JEST tokens, you may need to report them as income or gains to your tax authority). We do not provide tax advice, and we make no representations about the tax treatment of loyalty rewards. If you are unsure, consult a qualified tax advisor. We will not withhold any taxes on your behalf unless required by law, and you agree that we are not liable for any tax liabilities you incur.

### No KYC/AML Verification

**We do not conduct KYC or AML checks** on users of the Service. **KYC** (Know Your Customer) and **AML** (Anti-Money Laundering) compliance, if required, are assumed to be handled by the primary exchange or platform you use in connection with our Service. For example, if you use the Hyperliquid exchange to trade and thereby participate in our Loyalty Program, any identity verification or anti-money laundering procedures would be those that Hyperliquid (or your chosen exchange) requires. By using our Service, you acknowledge and agree that:

* **Third-Party Verification:** It is your responsibility to ensure you have complied with any KYC/AML requirements of any relevant exchange or financial platform you use. We will not ask for identity documents or verification directly, and we **do not vet your identity or the source of your funds**.
* **Compliance with Law:** You certify that your use of the Service does not violate any anti-money laundering, counter-terrorism financing, or other financial regulations applicable to you. You agree not to use our Service to conceal or transfer proceeds of any unlawful activity or to engage in any transaction that violates financial laws.
* **Assumption of Risk:** Because we do not perform KYC, you understand that **using a no-KYC service carries risks**. For instance, if authorities or laws in your jurisdiction later require identity verification for this type of service, you may be barred from future use or required to comply at that time. We make **no guarantees** about the regulatory status of the Service in any jurisdiction.
* **Indemnity for Violations:** If your failure to comply with KYC/AML laws causes us any harm or legal exposure, you agree to indemnify us as described under **Indemnification** below. We reserve the right to **suspend or terminate** your access if we suspect you are in breach of any compliance requirement or engaging in suspicious activities.

### Prohibited Activities

You agree not to engage in any activities that could harm the Service, other users, or violate any laws. In using the Service, **you shall NOT**:

* **Violate Laws or Rights:** Use the Service for any illegal purpose, or in violation of any local, state, national, or international law or regulation. This includes, but is not limited to, fraud, money laundering, terrorist financing, or violating intellectual property rights of others.
* **Interfere with the Service:** Attempt to interfere with or disrupt the integrity or security of the Service or servers (for example, by hacking, introducing malware, DDOS attacks, or attempting to exploit vulnerabilities).
* **Manipulate the Program:** Engage in any form of manipulation of the Loyalty Program or any system underlying the Service. As noted, cheating to gain extra points, using bots or scripts to gain advantage, or exploiting any unintended loopholes is strictly forbidden.
* **Impersonation or Misrepresentation:** Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity. You must provide truthful information when interacting with us and other users.
* **Multiple Accounts Abuse:** Create or use multiple identities or accounts to bypass restrictions or gain multiple benefits in the Service (unless expressly allowed as part of the Service’s features). For example, one individual creating numerous accounts to farm Loyalty Points is prohibited.

Violation of any of the above may result in immediate termination of your access to the Service, cancellation of any Loyalty Points or rewards, and potential legal action if warranted. We reserve the right to monitor, investigate, and enforce compliance with these rules.

### Disclaimers (No Warranty & Assumption of Risk)

**Use at Your Own Risk:** The Service (including all information, content, and features provided through it) is offered on an **“as is” and “as available”** basis. To the fullest extent permitted by law, the Jester team **disclaims all warranties** of any kind, whether express, implied, or statutory, regarding the Service. This includes, but is not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do **not guarantee** that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

**No Financial or Investment Advice:** You acknowledge that we are **not** providing any investment, financial, or trading advice through our Service. Any information we provide (such as performance dashboards, token statistics, or announcements) is for **general informational purposes only** and is not intended as a recommendation for any investment or trading strategy. You should not rely on any content from us as the basis for making financial decisions. If you make trades or investments (e.g., on Hyperliquid or any other exchange) or decide to hold or sell any tokens (such as JEST), you do so based on your own judgment and at your own risk. **Always conduct your own research** and consider your risk tolerance before engaging in cryptocurrency trading or any high-risk activities.

**Technology and Security Risks:** Use of a blockchain-based and online service comes with **inherent risks**. By using our Service, you understand and accept the following risk factors (among others):

* *Volatility:* Cryptocurrencies and digital assets are highly volatile. The value of tokens (including JEST or any rewards) can fluctuate dramatically over short periods. You bear all risk for any loss in value of your assets.
* *Technical Failures:* The Service relies on software, blockchain networks, and possibly third-party APIs. The underlying technology could fail, or smart contracts could have bugs or vulnerabilities. There is a risk of **software failures, smart contract errors, hacking attacks, or exploits** that could affect the Service or the value of Loyalty Points and rewards.
* *No Guarantee of Availability:* We do not guarantee that the Service will always be available or functional. There may be planned or unplanned downtime, and information (such as point totals or account info) could be lost or not updated due to technical issues. We are not responsible for any inability to access the Service or loss of data.
* *Third-Party Risk:* Because you may be using third-party services (exchanges, wallets, etc.) in conjunction with our Service, you are subject to those third parties’ reliability and security. We have no control over and assume no responsibility for any loss or damage arising from your use of third-party platforms. For example, if the Hyperliquid exchange experiences a security breach or other issue, that is outside our control.
* *Regulatory Uncertainty:* Laws and regulations regarding cryptocurrency and digital rewards are evolving. New laws or interpretations could impact the legality of the Service or how the Loyalty Program is treated (for instance, authorities could view loyalty tokens as securities or impose new requirements). We make no representations about how current law classifies Loyalty Points or JEST tokens, and **you assume legal risk** for participating in a novel program that may face regulatory changes.

By using the Service, you acknowledge these and other risks inherent in using emerging technologies and **assume full responsibility** for any losses or damages that may result. **No oral or written information or advice** given by any Jester team member or affiliate shall create any warranty not expressly stated in these Terms.

### Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall the Jester team or any of its members, owners, employees, affiliates, agents, or partners be liable for **any form of damages** arising out of or in connection with your use of (or inability to use) the Service, whether or not the possibility of such damages was advised. This limitation of liability covers, **without limitation**:

* **Direct & Indirect Losses:** We will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages of any kind. This includes any loss of profits, loss of revenue, loss of goodwill, loss of data, business interruption, or other intangible losses.
* **Trading Losses:** Any losses you incur from trading or investing in cryptocurrencies (such as trading on Hyperliquid or the fluctuating value of JEST tokens) are **solely your responsibility**. The Jester team is not responsible for market movements, trading decisions, or the outcome of any trade.
* **Point/Reward Losses:** We are not liable for any claims arising from the accumulation, redemption, or loss of Loyalty Points or rewards. For example, if points expire, are voided, or if a reward distribution yields less value than expected, you shall not hold us liable. Loyalty Points are a gratuitous bonus and **not an entitlement or guarantee** of value.
* **Service Downtime or Errors:** We have no liability for any harm or damage caused by the temporary or permanent failure of the Service, errors or inaccuracies in information presented, delays, omissions, or interruption of the Service. This also includes any technology failures (e.g., smart contract bugs, wallet errors, or blockchain network issues) that affect the Service’s operation.
* **Security Breaches:** While we strive to maintain security, we are not liable for damages if unauthorized persons breach our Service or related systems and access or misuse your data or Loyalty Points. Similarly, if your own accounts or devices are compromised (e.g., through malware or phishing) and this affects your use of the Service, that is **outside our control** and our liability.
* **Third-Party Conduct:** Any acts, omissions, or errors of third parties (such as exchanges, other users, or partners) are outside our responsibility. We are not liable for any disputes or issues arising from your interactions with third-party providers or other users, even if you learned about them through our Service.

If, notwithstanding the above, any liability is found to be attributable to the Jester team by a court of competent jurisdiction, our aggregate liability to you or any third party will be **limited to the lesser of**: (a) the total amount (if any) you have paid to us for use of the Service in the twelve (12) months prior to the event giving rise to the liability, or (b) $100 USD. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions may not apply to you *in part*. In such cases, our liability is limited to the greatest extent permitted by law.

### Indemnification

You agree to **indemnify, defend, and hold harmless** the Jester team and its members, affiliates, employees, and agents (the **“Indemnified Parties”**) from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) that arise from or relate to: (a) your use or misuse of the Service; (b) your violation of these Terms or any applicable law or regulation; or (c) your infringement of any rights of a third party (including intellectual property rights or privacy rights). This indemnity includes, for example, any losses resulting from your breach of the **Eligibility** or **No KYC/AML** provisions (such as providing us false information, using the Service in a restricted jurisdiction, or violating AML laws). We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (in which case you agree to cooperate with our defense of such claim). You agree not to settle any such matter without the prior written consent of the Jester team. Your indemnification obligation will survive any termination of these Terms or your use of the Service.

### Governing Law and Jurisdiction

**Governing Law:** These Terms, and any dispute or claim (whether contractual or non-contractual) arising out of or in connection with these Terms or your use of the Service, shall be governed by and construed in accordance with the laws of **a jurisdiction of our choosing**, at the **sole discretion** of the Jester team. In other words, the Jester team reserves the right to **designate the governing law** that will apply, which may be the law of any jurisdiction that the team deems appropriate. (For example, we may choose the laws of the British Virgin Islands, the Cayman Islands, Singapore, or any other jurisdiction in which we operate or find suitable.) Should we not specify otherwise, by default we may refer to the laws of **\[to be determined by Jester]** for guidance, but we explicitly retain the right to change the applicable law at any time.

**Jurisdiction and Forum:** You agree that the Jester team has the **sole discretion** to determine the venue and forum for resolving any disputes that arise under these Terms. We may require that any such disputes be resolved in **any court of law or arbitral forum we choose**, in any location we determine, and under rules (procedural and substantive) of our choosing. You **consent and submit** to the jurisdiction of any such chosen courts or arbitration forums. You also waive any objections (such as claims of inconvenient forum or lack of personal jurisdiction) with respect to our chosen venue.

In practical terms, if a dispute arises, the Jester team will inform you of the jurisdiction whose laws will govern and the forum in which the dispute will be heard. This flexibility is to ensure that we can select a neutral or appropriate jurisdiction for dispute resolution on a case-by-case basis. We believe this is necessary given the international, decentralized nature of our Service. If you initiate any legal proceedings relating to the Service, you agree to do so only in the jurisdiction we designate.

**Acknowledgment:** You acknowledge that this Governing Law and Jurisdiction clause is unusual in that it does not fix one single governing law or location ahead of time, and you have considered this condition carefully before using the Service. By agreeing to these Terms, you accept that uncertainty and give us the right to make these determinations as needed. If you do not agree to this provision, you should not use the Service.

*(For clarity: If you are a consumer in a jurisdiction that by law cannot be deprived of the protections of your home country’s mandatory consumer protection laws or certain dispute resolution rights, then certain aspects of this section may not apply to you. But in all other cases, this section stands.)*

### Changes to Terms

We reserve the right to **amend or update** these Terms at any time. If we make material changes, we will provide notice by updating the “Last Updated” date at the top of these Terms and, when feasible, by additional means such as an announcement via the Service or an email notification. It is **your responsibility** to review these Terms periodically. Any changes will be effective immediately upon posting unless otherwise specified. Your continued use of the Service after updates to the Terms constitutes acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Service.

### Miscellaneous

* **Entire Agreement:** These Terms (along with any referenced documents such as the Privacy Policy) constitute the **entire agreement** between you and the Jester team regarding the Service, superseding any prior agreements or understandings (whether oral or written) about the same subject matter.
* **Severability:** If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall remain in full force and effect. The invalid portion shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
* **No Waiver:** Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of the Jester team.
* **Assignment:** You may **not assign or transfer** any of your rights or obligations under these Terms to any third party without our prior written consent. We may assign, transfer, or delegate any of our rights and obligations hereunder (in whole or in part) at our discretion, including as part of a merger, acquisition, or other corporate transaction.
* **Relationship:** Nothing in these Terms shall be deemed to create any joint venture, partnership, employment, or agency relationship between you and the Jester team. You are using the Service as an independent, end-user beneficiary.
* **Headings:** Section headings in these Terms are for convenience only and have no legal or contractual effect.
* **Survival:** Provisions of these Terms that by their nature should survive termination (such as limitations of liability, indemnification, governing law, etc.) will survive any termination or expiration of these Terms.

### Contact Us

If you have any questions or concerns about these Terms or the Service, you may contact us at \[**insert contact email or support portal**]. We will attempt to respond to inquiries in a reasonable timeframe. Official communications related to these Terms (such as legal notices) should be sent to the Jester team’s designated address or email, as specified by us.

By using the Service, you acknowledge that you have read, understood, and agree to these Terms and Conditions in their entirety.
