Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between you and DAIN Inc. (“DAIN,” “we,” “us,”or “our”). They govern your access to and use of the trader applications, websites, APIs, agents, automations, wallet and transaction features, data, content, and related services (collectively, the “Service”).

By creating an account, connecting a wallet, clicking to accept, or otherwise using the Service, you agree to these Terms and acknowledge our Privacy Policy and Risk Disclosures, which are incorporated into these Terms. If you do not agree, do not use the Service. If you use the Service for an organization, you represent that you have authority to bind it, and “you” includes that organization.

Important: the “Governing law and dispute resolution” section contains an agreement to arbitrate and class action and jury trial waivers. You may opt out of arbitration as described there within 30 days after first accepting these Terms.

You must be at least 18 years old, capable of entering a binding contract, and legally permitted to use the Service where you live or are located. You may not use the Service if you are subject to trade sanctions, located in a comprehensively sanctioned jurisdiction, or prohibited from using it by applicable law.

You represent and warrant that:

• information you provide is accurate, current, and complete;
• you use only accounts, wallets, assets, and payment methods that you own or are authorized to control;
• your use, transactions, strategies, and instructions comply with applicable laws, third-party terms, and any geographic restrictions;
• you understand digital assets and the risks of the products you use; and
• you will independently evaluate whether each transaction or automated strategy is suitable for you.

The Service helps users research, plan, simulate, route, submit, and monitor digital-asset activity through natural-language interfaces, software tools, connected wallets, and autonomous or semi-autonomous agents. Available functionality may include swaps, transfers, bridging, staking, restaking, lending, vaults, liquidity activity, spot trading, tokenized real-world assets, derivatives, perpetuals, portfolio monitoring, fiat off-ramp connections, and scheduled or conditional actions.

The Service may support Solana; EVM-compatible networks such as Ethereum, Base, Arbitrum, BNB Smart Chain, and HyperEVM; integrated venues such as Hyperliquid; and other networks, protocols, and venues identified in the Service. Availability can change at any time and may vary by location, wallet, asset, market, or feature. A reference to a network or venue does not imply that DAIN operates, controls, endorses, or guarantees it.

You are responsible for maintaining the security of your account, email, devices, authentication methods, connected wallets, and any recovery or signing credentials. Do not share verification codes, passwords, private keys, seed phrases, recovery phrases, or session credentials. DAIN support will not ask for a private key or recovery phrase.

Promptly notify support@dain.orgif you suspect unauthorized access. You are responsible for activity initiated through your account or authorized wallets until access or authority is disabled, subject to applicable law. We may require additional authentication, restrict account linking, or delay an action when reasonably necessary to protect users or the Service.

These Terms apply regardless of how you access the Service, including through the website, an API, command-line tool, Model Context Protocol connector, Telegram, another messaging channel, or an integrated application. Instructions received through a connected channel are treated as instructions from your account when they satisfy the Service's authentication and authorization controls.

You are responsible for connected devices, access tokens, installation codes, messaging accounts, channel permissions, and sessions. Disable or revoke a connection promptly if it is lost, shared, or compromised. Messages and notifications may be delayed, truncated, spoofed outside official channels, or delivered after market conditions change. Never treat a notification as proof that an action settled.

Depending on the feature, you may use an embedded wallet, connect an external wallet, or grant limited signing authority to a wallet provider, DAIN service, agent, or automation. Wallet technology and key-management arrangements vary by provider and feature. Except where DAIN expressly agrees otherwise in writing, DAIN does not take title to your digital assets, hold customer deposits as a bank, or act as a qualified custodian.

When you approve delegated signing or automated execution, you authorize the designated software and service providers to sign and submit transactions within the permissions, limits, strategy, and duration you configure. This may allow transactions to occur without you being online and without a separate confirmation for every action. You are responsible for understanding the authority granted, applying appropriate limits, monitoring activity, and revoking authority when it is no longer needed.

Pausing, revoking, disconnecting, or deleting an agent or account may not stop a transaction that was already signed, submitted, in flight, queued by a third party, or finalized on a network. You should also revoke permissions through the relevant wallet, protocol, or network when appropriate. DAIN cannot recover lost credentials, reverse network transactions, or guarantee recovery of assets.

The Service uses artificial intelligence, machine learning, and rules-based systems to interpret instructions, generate information, select tools, propose or configure strategies, and, when authorized, take actions. These systems include conversational assistants, individual agents, Agent Teams, scheduled jobs, objectives, and other automated workflows (collectively, “Agentic Systems”).

AI outputs are probabilistic and may be wrong. They may be incomplete, misleading, internally inconsistent, outdated, or fabricated; misunderstand ambiguous language; omit material risks; or choose an unsuitable tool, asset, venue, route, amount, timing, slippage setting, leverage level, or transaction parameter. Similar prompts may produce different results. An output that appears confident, personalized, or human-like is not necessarily accurate.

Agentic Systems may use market data, protocol data, wallet data, indexed blockchain data, third-party services, and prior context. Those inputs can be delayed, stale, unavailable, incorrectly indexed, manipulated, or inconsistent with final onchain state. A simulation, quote, preview, confirmation screen, estimated return, risk score, or success message is not a guarantee of execution, settlement, price, profitability, safety, or final network state.

When you create, enable, fund, schedule, or delegate authority to an Agentic System, you instruct and authorize it to operate within your configuration. It may evaluate conditions and initiate multiple or recurring actions without contemporaneous review. You remain solely responsible for:

• reviewing outputs and transaction details before approval whenever a review step is available;
• setting and maintaining suitable permissions, budgets, asset and venue allowlists, leverage, slippage, frequency, and loss limits;
• monitoring balances, positions, open orders, health factors, liquidations, agents, and delegated authority;
• testing strategies with amounts you can afford to lose and stopping them when market or personal circumstances change; and
• independently confirming material facts and obtaining professional advice when appropriate.

DAIN may apply transaction limits, policy checks, safety controls, simulations, warnings, circuit breakers, or incident freezes, but these controls are not comprehensive and do not create a duty to detect or prevent every error, attack, loss, unsuitable transaction, or violation. A failure to warn or intervene does not mean an action is safe or suitable. Onchain records and the rules of the relevant protocol or venue control over an AI explanation or interface display.

Never place private keys, seed or recovery phrases, passwords, authentication codes, or other secrets in a prompt, message, upload, agent objective, or feedback. You grant DAIN permission to process your prompts, instructions, tool inputs and outputs, and related context as needed to provide, secure, evaluate, and improve the Service as described in the Privacy Policy.

DAIN is a software provider. Unless DAIN expressly agrees otherwise in a separate written agreement, DAIN is not your broker, dealer, investment adviser, commodity trading adviser, portfolio manager, exchange, bank, money transmitter, tax adviser, legal adviser, accountant, insurer, or fiduciary. The Service does not create an advisory, agency, trust, partnership, or fiduciary relationship.

Information, rankings, alerts, forecasts, strategies, AI outputs, agent actions, market data, and transaction options are provided for informational and software-execution purposes. They are not financial, investment, legal, accounting, or tax advice; a recommendation; an offer or solicitation; or a representation that any asset, strategy, protocol, venue, or transaction is suitable for you. You make every decision and bear every resulting gain, loss, liability, and tax consequence.

DAIN does not undertake to obtain the best price, best execution, or best available return for you. A route, ranking, comparison, or default may reflect technical availability, liquidity, risk controls, data quality, fees, or commercial integrations as well as price.

You authorize DAIN and its service providers to transmit your signed instructions and interact with networks and third parties as needed to perform requested functionality. You are responsible for verifying the destination, asset, amount, network, route, permissions, fees, slippage, price impact, leverage, and other parameters before authorizing an action or enabling automation.

Blockchain and venue transactions may be irreversible. An order or transaction can be rejected, delayed, dropped, replaced, partially filled, front-run, reorganized, or executed at a different price than expected. DAIN cannot cancel or reverse a transaction after it is beyond DAIN’s control. Transaction identifiers, interface status, or notifications do not guarantee final settlement; you must confirm final state with the relevant network or venue.

Digital assets and decentralized finance are speculative and can result in the rapid or total loss of value. Risks include extreme volatility, illiquidity, depegging, market manipulation, oracle failure, governance attack, smart-contract bugs, exploits, malicious tokens, approval abuse, protocol insolvency, validator or sequencer failure, network congestion, chain reorganizations, forks, key loss, phishing, cybersecurity incidents, regulatory change, and loss of access to a network, protocol, or venue.

Protocol rewards, yields, APYs, token incentives, and historical performance are estimates or past observations, not guarantees. Returns can change immediately and may be offset by fees, impermanent loss, price movement, dilution, taxes, liquidation, or protocol loss. Use only assets you can afford to lose.

Digital assets, wallet balances, protocol positions, and subscription payments are not bank deposits and are not insured by the Federal Deposit Insurance Corporation, Securities Investor Protection Corporation, or any other governmental or private insurance scheme, unless a third party expressly states otherwise for its own product. Review the separate Risk Disclosuresbefore using a transaction feature.

Yield-bearing and leveraged DeFi products may expose assets to smart contracts, validators, borrowers, liquidators, strategy managers, bridges, restaking layers, reward tokens, and other dependencies. Risks include slashing, lockups, withdrawal queues, utilization or interest-rate changes, bad debt, collateral liquidation, impermanent loss, reward dilution, strategy error, rehypothecation, and protocol or counterparty insolvency.

“Multiply,” looping, and similar strategies may borrow against supplied collateral and repeat transactions to increase exposure. Small changes in collateral value, borrowing cost, oracle price, or health factor can cause rapid liquidation. Displayed APY, leverage, health, and projected return are estimates, not guarantees.

The Service may display or route digital tokens that reference stocks, exchange-traded funds, commodities, currencies, credit, funds, or other real-world assets (“Tokenized Assets”). A Tokenized Asset is a product issued and administered by a third party. Unless the issuer's binding documents expressly provide otherwise, holding a token may not give you ownership, voting, dividend, redemption, custody, or other rights in the referenced asset.

Tokenized Assets can trade when the referenced market is closed and can diverge materially from its price. They may be subject to issuer insolvency, reserve or custody failure, transfer restrictions, allowlists, freezes, forced redemptions, corporate actions, oracle error, thin liquidity, premiums or discounts, and changing securities, commodities, sanctions, or tax laws. Eligibility can depend on your location and status. You must review the issuer's terms, offering materials, reserve information, redemption rules, and restrictions before transacting.

Leveraged and derivative products, including perpetual futures and products accessed through Hyperliquid or other venues, involve a high risk of rapid loss. Leverage magnifies gains and losses. Positions may be automatically liquidated without notice; liquidation prices and margin calculations can change; funding, borrowing, and venue fees may accrue; and losses may exceed posted collateral where the product or applicable rules allow.

You are responsible for understanding the venue’s order types, margin model, oracle, liquidation engine, auto-deleveraging, insurance or backstop mechanisms, geographic restrictions, and terms. DAIN does not guarantee that alerts, stop losses, agent exits, or risk controls will execute before liquidation or prevent loss.

Cross-chain transactions may rely on bridges, relayers, messaging systems, liquidity providers, validators, sequencers, wrapped assets, and multiple networks. They can fail or remain pending on one side, and assets can be delayed, stranded, duplicated, depegged, exploited, or lost. Finality, fees, addresses, token standards, and recovery procedures differ across Solana and EVM-compatible networks.

DAIN does not guarantee bridge security, delivery time, token equivalence, or recovery. You must verify the destination network, receiving address, asset representation, and bridge status.

The Service interoperates with independent wallets, identity providers, blockchains, protocols, bridges, exchanges, venues, data providers, RPC providers, and other services. Those third parties are not controlled by DAIN and may impose separate terms, privacy practices, fees, eligibility rules, and technical limitations.

DAIN is not responsible for third-party code, custody, content, availability, decisions, security, solvency, execution, or losses. Integrating, displaying, ranking, or routing to a third party is not an endorsement. Third parties may change or discontinue functionality without notice, and DAIN may remove an integration at any time.

Fiat, payment, and off-ramp features are provided by independent providers. They may require identity verification, impose limits and fees, reject or reverse a payment where their rules allow, delay bank settlement, or restrict countries, assets, and recipients. DAIN does not control their onboarding, custody, conversion rate, or settlement.

Prices, balances, portfolio values, charts, yields, gas estimates, routing results, protocol positions, risk metrics, and other data may be indicative, delayed, cached, estimated, incomplete, or sourced from third parties. They may differ from wallet, protocol, venue, or final onchain state.

Quotes may expire and exclude price movement, slippage, priority or network fees, funding, taxes, or third-party charges. Simulations do not reproduce every market, network, protocol, or adversarial condition. You must independently verify information material to an action.

You agree to pay fees disclosed by DAIN and all network, protocol, venue, wallet, bridge, payment, and other third-party fees associated with your activity. DAIN may charge a platform or integrator fee and may receive referral fees, rebates, revenue share, or other compensation from a provider or transaction. These commercial relationships create potential conflicts of interest. Material DAIN transaction fees are identified in the applicable quote, preview, or confirmation when technically available. Fees can change and may be nonrefundable once an action begins. A displayed estimate may differ from the final charge.

Paid plans renew for the period and price shown at checkout until cancelled. You authorize DAIN and its payment processor to charge the selected payment method, including applicable taxes. You can cancel through the subscription-management flow; cancellation ordinarily takes effect at the end of the current paid period. Except where law requires otherwise or DAIN expressly states otherwise, subscription fees are nonrefundable and partial periods are not prorated. If a renewal payment fails, access to paid features may be limited.

Referral and reward programs apply only to eligible, accurately attributed activity under the rules displayed in the Service. You may not self-refer, create duplicate or controlled accounts, make misleading promotions, spam, manipulate activity, or evade program controls. Rewards can be delayed, adjusted, withheld, or forfeited for error, reversal, fraud, abuse, sanctions, legal requirements, or ineligible activity. DAIN may change or end a program prospectively; no reward is earned until it is recorded as payable under the then- current program rules. You must clearly disclose your relationship with DAIN when law or advertising standards require it.

You are solely responsible for determining, reporting, withholding, and paying all taxes arising from your use of the Service. DAIN does not provide tax advice and may report information when legally required.

You may not use the Service to evade sanctions, geographic controls, identity checks, or laws. Do not use a VPN, proxy, false information, wallet obfuscation, or another person’s account to access a product that is unavailable to you.

The appearance, searchability, quote, or technical availability of a feature, asset, protocol, or venue is not a representation that it is lawful or suitable for you. You must not use a regulated or restricted product unless you meet all applicable eligibility, location, licensing, sophistication, and counterparty requirements.

DAIN may screen accounts, wallets, transactions, and locations; request information; conduct risk, sanctions, fraud, or anti-money- laundering reviews; restrict or refuse activity; and make disclosures to authorities or counterparties when reasonably necessary to comply with law, enforce these Terms, or protect the Service. We do not guarantee that screening identifies every prohibited activity.

You may not use the Service to:

• violate law, sanctions, third-party rights, or market, protocol, or venue rules;
• commit fraud, theft, money laundering, wash trading, spoofing, manipulation, unauthorized access, or abusive market activity;
• introduce malware, exploit vulnerabilities, bypass access controls, interfere with the Service, or probe systems without authorization;
• impersonate another person, misrepresent authorization, link a wallet you do not control, or attempt account or wallet takeover;
• scrape, copy, resell, reverse engineer, or use the Service or its outputs to build a competing product, except where applicable law expressly permits it; or
• use automated access that exceeds published limits or materially burdens, disrupts, or circumvents the Service.

You retain your rights in prompts, instructions, files, feedback, and other content you submit (“User Content”). You grant DAIN and its service providers a worldwide, non-exclusive, royalty-free license to host, reproduce, process, transmit, display, adapt, and create technical derivatives of User Content only as reasonably necessary to operate, secure, support, evaluate, and improve the Service and comply with law.

You represent that you have the rights needed to submit User Content and that it does not violate law or third-party rights. You should not submit confidential or regulated information unless the Service expressly supports it and you are authorized to do so.

The Service, including its software, interfaces, designs, content, models, workflows, documentation, trademarks, and compilation of data, is owned by DAIN or its licensors and protected by intellectual- property laws. Subject to these Terms, DAIN grants you a limited, revocable, non-exclusive, non-transferable right to use the Service for its intended purpose.

No rights are granted except as expressly stated. DAIN, trader, and related names and marks may not be used without prior written permission. Third-party names and marks belong to their owners.

Components identified as open-source are licensed under their applicable open-source licenses, which control if they conflict with these Terms for that component. Nothing in these Terms restricts rights that cannot lawfully be restricted under such a license.

If you voluntarily provide ideas or feedback about the Service, you grant DAIN a perpetual, irrevocable, worldwide, royalty-free right to use and commercialize it without restriction or compensation. This does not transfer ownership of your other User Content.

Some or all of the Service may be experimental, preview, beta, or otherwise unreleased. Such features may be incomplete, inaccurate, unstable, or discontinued and may have greater risk of data loss, failed actions, unexpected behavior, or security issues. Do not rely on them for critical activity.

We may add, modify, limit, suspend, or discontinue any feature, integration, asset, network, venue, model, or availability at any time. We do not promise continued support, backward compatibility, or advance notice, except where required by law.

You may stop using the Service at any time and may request account deletion as described in the Privacy Policy. We may restrict, suspend, or terminate access if we reasonably believe you violated these Terms, created risk or legal exposure, engaged in fraud or abuse, or if needed for security, maintenance, third-party failure, or legal compliance.

Before closing an account, you are responsible for withdrawing assets where applicable, closing or managing positions, cancelling orders, disabling agents and schedules, and revoking delegated permissions. You must separately cancel any paid subscription. Termination does not reverse completed or pending transactions and does not affect provisions that by their nature should survive.

To the maximum extent permitted by law, the Service is provided “as is” and “as available,” without warranties of any kind, express, implied, or statutory.DAIN disclaims warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, security, quiet enjoyment, and any warranties arising from course of dealing or usage of trade.

DAIN does not warrant that the Service, AI output, data, agents, transactions, protocols, or third parties will be accurate, complete, current, secure, profitable, uninterrupted, error-free, or free from harmful components; that a transaction will execute or settle; or that assets or data will be preserved or recoverable. No oral or written information creates a warranty not expressly stated here.

To the maximum extent permitted by law, DAIN and its affiliates, officers, directors, employees, contractors, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages; lost profits, revenue, opportunities, goodwill, use, or data; trading or market losses; loss or theft of digital assets; liquidation; failed or unauthorized transactions; or the cost of substitute services, regardless of legal theory and even if advised of the possibility.

To the maximum extent permitted by law, the aggregate liability of DAIN and those parties for all claims arising out of or relating to the Service or these Terms will not exceed the greater of (a) US $100 or (b) the fees you paid directly to DAIN for the Service during the 12 months before the event giving rise to the claim.

These limits allocate risk and are a fundamental basis of the bargain. They do not apply to liability that cannot lawfully be excluded or limited, and your jurisdiction may provide additional rights.

To the extent permitted by law, you will defend, indemnify, and hold harmless DAIN and its affiliates, officers, directors, employees, contractors, licensors, and service providers from claims, damages, losses, liabilities, judgments, penalties, taxes, costs, and reasonable legal fees arising from your User Content; your violation of these Terms, law, or third-party rights; your wallets, agents, strategies, instructions, or transactions; or your fraud, negligence, or willful misconduct. DAIN may control the defense and settlement of a covered claim, and you will reasonably cooperate. This section does not require a consumer to indemnify DAIN for DAIN’s own unlawful conduct.

These Terms and any dispute are governed by California law, without regard to conflict-of-laws rules. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions.

Before filing a claim, you and DAIN agree to send a written notice describing the dispute and requested relief and to try in good faith to resolve it informally for 60 days. Notices to DAIN must be sent to support@dain.orgwith the subject “Legal Dispute Notice.”

Except for an eligible individual action in small-claims court or a claim seeking temporary or preliminary injunctive relief for misuse of intellectual property, security, or unauthorized access, any unresolved dispute will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules for consumers and Commercial Arbitration Rules for others, as modified by these Terms. The arbitration may be conducted by video, telephone, written submissions, or in Los Angeles County, California. Judgment may be entered in any court with jurisdiction.

You and DAIN waive any right to a jury trial and agree that claims may be brought only in an individual capacity, not as a plaintiff or class member in a class, collective, consolidated, coordinated, representative, or private-attorney-general proceeding.An arbitrator may award relief only to the individual party and only as necessary to resolve that party’s claim.

You may opt out of arbitration by emailing support@dain.orgwithin 30 days after first accepting these Terms. Your email must state that you opt out of arbitration and include the email associated with your account. Opting out will not affect other Terms. If the arbitration agreement does not apply, the state and federal courts located in Los Angeles County, California will have exclusive jurisdiction, and you and DAIN consent to personal jurisdiction there, except where applicable consumer law requires otherwise.

You consent to receive agreements, disclosures, notices, receipts, security messages, and other communications electronically, including through the Service or at your account email. Electronic communications satisfy legal writing requirements. You are responsible for keeping your contact information current. Marketing communications, if any, are subject to the choices described in the Privacy Policy.

DAIN is not liable for delay or failure caused by events beyond its reasonable control, including network, protocol, market, utility, internet, cloud, telecommunications, labor, government, war, disaster, or cybersecurity events. You may not assign these Terms without DAIN’s consent; DAIN may assign them in connection with a merger, financing, reorganization, sale, or by operation of law.

These Terms and incorporated policies are the entire agreement about the Service and supersede prior understandings on that subject. A failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be enforced to the maximum lawful extent and the remainder will continue. Headings are for convenience only.

We may update these Terms. If a change is material, we will provide notice as required by law. The updated Terms become effective on the stated date; continued use after that date means you accept them. If you do not agree to an update, you must stop using the Service.

Questions about these Terms may be sent to DAIN Inc. at support@dain.org.