Terms of Service

BY CLICKING AN "I ACCEPT" BUTTON OR SIMILAR ATTESTATION, BY LINKING A DIGITAL WALLET, OR BY USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS AS OF THAT DATE. IF YOU DO NOT AGREE, DO NOT USE THE PLATFORM.

The Platform is for users 18+. Persons under 18 may not use or register for the Platform.

PLEASE REVIEW SECTION 11 (DISPUTE RESOLUTION – ARBITRATION). IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. TO OPT OUT, YOU MUST EMAIL legal@treasure.lol WITHIN 30 DAYS OF FIRST USE.

We may modify these Terms at any time. Changes are effective upon posting, as shown by the "Last Revised" date. Your continued use after posting means you accept the changes.

3.1 Ecosystem Overview

The Platform provides tools and infrastructure for:

• AI Character Creation and Launch. Create AI personas/agents, define behaviors, prompts, memory, tools, and policies; deploy across supported apps and chains.
• Digital Asset Utility. Issue, mint, buy, sell, and use NFTs and other tokens tied to AI characters, access rights, model weights, upgrades, or in-app features ("Digital Assets").
• Interoperability. Characters and assets can interact with third-party worlds and protocols.

Third-party games/apps and developer software may have additional terms. Review all applicable terms for each app, character, or Digital Asset. See the Documentation on the Site ("Documentation").

3.2 Marketplace and Digital Assets

The Platform includes a marketplace for NFTs and may surface information regarding fungible tokens used within the ecosystem (including MAGIC) (together, "Tokens"). "Digital Assets" means NFTs and Tokens.

Transactions are executed and recorded on public blockchains. Your public wallet address and on-chain activity are publicly visible. We do not control blockchains, validators, explorers, or third-party dependencies and are not liable for their acts or omissions.

3.3 Access and License

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform per the Documentation. You must not:

• a) except as permitted for NFTs you own, distribute, publicly perform, or publicly display any Treasure Materials (defined below);
• b) modify or create derivative works of the Platform;
• c) download Platform content except as expressly permitted;
• d) use the Platform or Treasure Materials for any purpose other than their intended use.

We may change, limit, suspend, or terminate Platform access at any time without liability or refund to the extent permitted by law.

3.4 User Generated Content; AI Input/Output

The Platform enables users to upload or generate User Generated Content ("UGC") including prompts, training data, instructions, datasets, model weights you own or control, tools, fine-tunes, outputs, images, audio, video, code, and text (collectively, "AI Content").

Your Responsibility. You represent and warrant you own or have licenses for all UGC and AI Content you provide and that it does not infringe IP, publicity, privacy, or other rights; is lawful; and complies with these Terms and the AUP (Section 3.6).

Model Providers. AI inference or fine-tuning may use Treasure-hosted, open-source, or third-party model providers. Their terms may apply. You are responsible for your use of any tools and outputs.

Safety and Governance. We may apply filters, rate limits, evaluations, safety policies, label synthetic media, or block unsafe use to protect users and the ecosystem.

3.5 Digital Wallet

Transactions require a compatible Digital Wallet. We do not custody wallets, keys, or seed phrases. You are solely responsible for wallet setup, security, credentials, and private keys. We are not liable for any loss, hack, or theft involving your wallet or Digital Assets.

We do not share your personal information with third parties for their direct marketing.

3.6 Acceptable Use; Prohibitions

You agree not to use the Platform to:

• a) violate any law or regulation (including IP, privacy, sanctions, AML/CFT);
• b) infringe others' rights (including Treasure's);
• c) compromise any wallet or account;
• d) impersonate others or misrepresent affiliation;
• e) engage in harmful, harassing, defamatory, obscene, or hateful conduct;
• f) copy or store Platform source code or significant portions of Treasure Materials;
• g) decompile, reverse engineer, or attempt to access source code;
• h) gain unauthorized access or disrupt the Platform or related systems;
• i) bypass content protections or security;
• j) attack the Platform including DDoS;
• k) manipulate markets or engage in fraud or wash trading;
• l) buy/sell/transfer stolen or illegally obtained items;
• m) use bots or scraping tools without written consent;
• n) overload or impair the Platform;
• o) introduce malware or malicious code;
• p) restrict or harm others' use;
• q) post content designed to provoke, bully, or abuse;
• r) generate or distribute unlawful AI Content (e.g., CSAM, non-consensual intimate imagery, illegal surveillance, instructions facilitating violent wrongdoing);
• s) evade safety controls or deploy AI characters to violate laws or third-party terms.

3.7 Third-Party Services

The Platform relies on third-party services (blockchains, node providers, storage such as IPFS/Arweave, model APIs, analytics, payment processors, oracles). Disruptions may affect availability. We are not responsible for third-party outages or changes.

4.1 NFT/Token Transactions

Users may list NFTs on the Platform's marketplace (the "NFT Marketplace"). All NFT transactions are peer-to-peer between buyer and seller, subject to applicable NFT Terms displayed in the listing (e.g., price, creator fee/royalty, Platform fee). See Documentation for current fee structure.

4.2 Character Rights Packs

NFTs may represent access rights for an AI character (e.g., usage entitlements, commercial licenses, upgrade rights, model checkpoints, in-character revenue share mechanics if any). Only the rights explicitly stated in the NFT metadata or associated license apply. On-chain transfers transfer only the rights described there.

4.3 No Advice; No Securities

Digital Assets and AI characters are not investment products or securities. Nothing on the Platform is investment, legal, or tax advice. You are solely responsible for your decisions.

4.4 Taxes

You are responsible for any taxes arising from your Platform use or Digital Asset transactions.

4.5 Fees and Gas

Platform fees are described in the Documentation and may change. Blockchain transactions require gas. You are responsible for gas. Gas is non-refundable.

4.6 Price/Value; No Representation

Prices and values are volatile and may be affected by off-Platform activity. We do not warrant value, title, validity, accuracy, or fairness of any listing or Digital Asset.

5.1 Treasure Materials

Treasure (and its licensors) own all right, title, and interest in the Platform and all content, designs, code, systems, methods, look and feel, data compilations, and other materials, including any artwork, brand, or UI/UX we create ("Treasure Materials"). Your purchases do not grant rights in Treasure Materials except as expressly stated.

5.2 Your UGC and AI Content

You or your licensors retain ownership of your UGC and AI Content. Non-Confidential. Do not submit confidential information.

License to Treasure. You grant Treasure a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, transferable, sublicensable license to use, host, reproduce, display, distribute, modify, and create derivative works of your UGC and AI Content to operate, secure, improve, and provide the Platform, including model safety, evaluation, moderation, caching, search, backups, and interoperability.

5.3 Character Licenses to Buyers

If you sell a character-linked NFT with explicit commercial or usage rights, you agree the buyer receives those rights as stated in the NFT's associated license. If no explicit license is attached, the buyer receives only the right to own, display, and resell the NFT and to use the character on-Platform as enabled by the smart contracts and Documentation. Creators are responsible for ensuring they have rights to grant any license offered.

5.4 Model Weights and Fine-Tunes

If you upload or link model weights or fine-tunes, you represent you have the rights and that their upstream licenses permit your use and any sublicensing you offer. You must comply with all upstream model/data licenses, attribution, and use restrictions. You are solely responsible for misuse claims.

5.5 Feedback

You assign to Treasure all rights in any Feedback. Feedback is non-confidential, and we may use it without attribution or compensation.

Our Privacy Policy at https://treasure.lol/privacy explains how we collect and use information. It is incorporated by reference.

IF YOU HAVE A DISPUTE WITH A USER, YOU RELEASE TREASURE FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND, KNOWN OR UNKNOWN, ARISING FROM SUCH DISPUTE. YOU EXPRESSLY WAIVE ANY STATUTORY PROTECTIONS LIMITING SUCH WAIVER.

The Platform may experience errors, delays, maintenance, or outages, including third-party disruptions. We are not liable for losses due to downtime, including missed purchases.

9.1 DISCLAIMER

YOUR USE OF THE PLATFORM AND DIGITAL ASSETS IS AT YOUR SOLE RISK. THE PLATFORM, DIGITAL ASSETS, AI CONTENT, AND ANY INFORMATION ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, OR SECURITY. WE DO NOT WARRANT VALUE OR TITLE OF DIGITAL ASSETS OR CONTENT FROM THIRD-PARTY SERVICES.

NFTS EXIST ONLY BY VIRTUE OF OWNERSHIP RECORDS ON PUBLIC BLOCKCHAINS. WE CANNOT CONTROL ON-CHAIN TRANSFERS. SALES ARE FINAL AND MAY BE IRREVERSIBLE.

WE ARE NOT RESPONSIBLE FOR LOSSES DUE TO WALLET FAILURE, PRIVATE-KEY LOSS, SMART CONTRACT BUGS, CHAIN FORKS, NETWORK CONGESTION, NODE ISSUES, MALWARE, PHISHING, BRUTE FORCE, UNAUTHORIZED ACCESS, DATA LOSS, OR SERVER FAILURE.

AI OUTPUTS MAY BE INACCURATE, OFFENSIVE, OR UNSAFE. YOU ARE RESPONSIBLE FOR REVIEWING AND USING OUTPUTS LAWFULLY AND SAFELY.

9.2 LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL TREASURE OR ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, OR AGENTS ("TREASURE PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, ARISING FROM OR RELATED TO THE PLATFORM OR DIGITAL ASSETS, INCLUDING TRANSACTIONS, EVEN IF ADVISED OF THE POSSIBILITY. IF LIABILITY CANNOT BE DISCLAIMED, THE TOTAL AGGREGATE LIABILITY OF TREASURE PARTIES WILL NOT EXCEED THE GREATER OF US$100 OR THE AMOUNT YOU PAID US IN PLATFORM FEES IN THE 3 MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow certain disclaimers/limits. They apply only to the extent allowed.

You acknowledge and assume risks of: digital asset volatility; regulatory changes; blockchain, network, and wallet failures; metadata decay; smart contract bugs; model or dataset license conflicts; misuse of AI outputs; storage persistence limits (e.g., IPFS/Arweave availability); third-party outages; and irreversible transactions. Conduct your own research.

You agree to binding arbitration for any dispute related to the Platform, Digital Assets, or your relationship with Treasure, except you may bring qualifying small-claims actions and either party may seek equitable relief for IP misuse. The Federal Arbitration Act governs. Arbitration will be administered by JAMS. The arbitrator has exclusive authority over arbitrability and may award all relief available to an individual under applicable law. CLASS ACTIONS ARE WAIVED. JURY TRIAL IS WAIVED.

Opt out within 30 days by emailing legal@treasure.lol. If any part of this clause is invalid, the remainder remains in effect. This clause survives termination.

You will comply with all applicable laws, including sanctions, export controls, and AML/CFT. You are solely responsible for legal compliance in your location. You may not use the Platform if you are in a prohibited jurisdiction, on sanctions lists, under applicable restrictions, or otherwise a Disqualified Person as defined below.

A Disqualified Person includes:

1. any person located in, resident, citizen, incorporated in, or organized under the laws of Excluded Jurisdictions [list maintained in Documentation and may include: Iran, North Korea, Cuba, Syria, etc.];

2. any entity owned or controlled by such persons;

3. any person or entity on UN, OFAC, or similar sanctions lists; or

4. anyone otherwise prohibited by applicable law.

We may implement screening, geo-controls, or other compliance measures, including transaction monitoring and KYC for specific features.

You will defend, indemnify, and hold harmless the Treasure Parties from and against claims, losses, and expenses (including reasonable attorneys' fees) arising out of: (a) your breach of these Terms; (b) your use of the Platform or Digital Assets; (c) your UGC or AI Content, including IP or license disputes; (d) your violation of law or third-party rights; or (e) your negligence or willful misconduct.

14.1 No Waiver

Failure to enforce a right is not a waiver. No waiver is effective unless in a signed writing.

14.2 Export Controls

You will not export or re-export the Platform or related materials in violation of export/sanctions laws.

14.3 Assignment

We may assign these Terms. You may not assign without our written consent. Any prohibited assignment is void.

14.4 Severability

If any provision is unenforceable, it will be severed and the remainder will remain in effect.

14.5 Governing Law; Jurisdiction

These Terms are governed by the laws of the British Virgin Islands without regard to conflict-of-laws rules. Subject to Section 11, you consent to courts in the BVI for permissible proceedings.

14.6 Entire Agreement

These Terms, the Privacy Policy, and Documentation are the entire agreement and supersede prior understandings.

14.7 Headings

Headings are for convenience only and do not affect interpretation.

14.8 Notices; Contact

Notices to Treasure: legal@treasure.lol. We may provide notices via the Site, email, or on-chain messages where applicable.

14.9 Takedown; IP Complaints

Send DMCA or IP complaints to legal@treasure.lol with sufficient detail. We may disable listings, characters, or assets on credible notice.

14.10 Synthetic Media Labels

We may require or apply labels or provenance signals for AI-generated content and may disable characters that evade such measures.

14.11 Interoperability; Forks

In case of chain forks or protocol changes, we may determine which network the Platform supports. We are not obligated to support both sides or any fork.