Terms of Service

1. Introduction

Welcome to ProductClank ("ProductClank", "we", "us", or "our"). We operate a product-discovery and listing platform (the "Platform") where founders, entrepreneurs, developers ("Builders") can showcase their products ("Products"), and where users can explore these Products. As part of the Platform, a memecoin is launched for every product listed (see "Product Coin" in Section 4.2).

By accessing or using our Platform and related Services (collectively, the "Services"), you agree to be bound by these Terms of Service (the "Terms" or "Agreement"). If you do not agree, do not use the Services.

2. Right to Modify

We may, at our sole discretion, modify, update, or discontinue these Terms, the Services, or any part thereof at any time, with or without prior notice (except where required by law). If we make material changes, we will update the "Last Updated" date above. Your continued use of the Services after any change constitutes your acceptance of the updated Terms.

3. Eligibility & Compliance

3.1. Minimum Age

You represent that you are at least 18 years old (or the age of majority in your jurisdiction) and have the capacity to form a legally binding contract.

3.2. Local Laws

You are responsible for ensuring your use of the Platform complies with all laws and regulations applicable in your jurisdiction, including any limitations on "collectibles" or crypto-based assets that may apply even where the Staff Statement indicates memecoins are not securities.

3.3. No Illegal Use

You must not use the Services for unlawful activities, such as fraud, market manipulation, or any other prohibited conduct.

4. The Platform & Product Coin Launch

4.1. Product Listings

Builders can submit their Products for listing. By submitting a Product, you represent and warrant that (a) you have all necessary rights to list the Product, (b) the information you provide is accurate and does not infringe on any rights of third parties; and (c) you are not impersonating as another service or product, and have all necessary legal rights to operate on behalf of the product.

4.2. Automatic Coin Deployment

Upon the submission and listing of a product, a coin related to the product is automatically deployed on a public blockchain (e.g., Base) (the "Product Coin"). The Product Coin has no utility, usage or functionality in the product listed on our Service, and is a "memecoin" in its nature. In alignment with the Staff Statement on Memecoins released by the Division of Corporation Finance on February 27, 2025, these memecoins are treated as collectibles and not securities ("Staff Statement"). However, this classification is not legally binding and may not apply in all jurisdictions. If you have questions about your local regulations, consult a qualified professional.

4.3. Fee Sharing & Revenue

Builders may receive fee revenue from trading or transaction fees on the minted Product Coins, but no specific returns or ongoing revenue are guaranteed. Market demand, liquidity, trade volume, smart contract mechanics, and user engagement heavily influence whether or not any fees materialize.

4.4. Potential Changes in Product Coins Structure

We may modify, suspend, or discontinue any aspect of the Product Coins deployment process, including fee-sharing percentages, token mechanics, or associated smart contracts. Such changes may occur with or without notice, at our sole discretion. You acknowledge that your rights or benefits under any existing Product Coins arrangement are subject to alteration if the underlying smart contract parameters or fee distributions change, and we bear no liability for any impact to your holdings or expected revenue.

4.5. Risk & Uncertainty

Even though the Staff Statement views memecoins as collectibles, regulatory landscapes may change over time. You acknowledge the possibility of inconsistent legal treatment across jurisdictions and remain fully responsible for determining the legality of your participation in Product Coins trading or fee-sharing.

4.6. No Endorsement of Builders' Products

ProductClank provides the Platform as a listing service and automates the deployment of Product Coins. We do not endorse, evaluate, or guarantee the legality, quality, or success of any Product or associated Product Coins. Builders are solely responsible for the Products and any claims they make about them. Your interactions with Builders and your reliance on their statements are entirely at your own risk.

5. Memecoin & Smart Contract Risks

5.1. Smart Contract Vulnerabilities

The Product Coins on ProductClank rely on smart contracts deployed on a public blockchain. Bugs, exploits, or other vulnerabilities can lead to partial or total loss of token value or fees. ProductClank does not warrant the security, reliability, or error-free operation of any smart contracts.

5.2. Volatility & Collectible Nature

In line with the Staff Statement, we treat Product Coins like collectibles; however, they can be extremely volatile and subject to speculative trading. Prices or demand for these coins may fluctuate dramatically, and you could lose the entire value of your holdings.

5.3. Irreversible Transactions

Transactions on public blockchains (e.g., Base) are typically irreversible once confirmed. Any mistakes — like using an incorrect wallet address — may result in permanent loss. We cannot reverse or assist in reversing blockchain transactions.

5.4. No Fiduciary Duties

Nothing in these Terms implies a fiduciary relationship. ProductClank does not act as your agent or advisor, and we do not undertake any obligations to you beyond what is expressly stated herein.

6. User Content & Behavior

6.1. User Content

You may submit comments, reviews, or other forms of content ("User Content"). By posting User Content, you grant ProductClank a worldwide, non-exclusive license to use, reproduce, display, and distribute it in connection with the Services.

6.2. Prohibited Activities

You must not:

• Engage in fraud, market manipulation, or pump-and-dump schemes
• Violate any intellectual property rights
• Upload harmful or unlawful content, including malicious code, hate speech, or anything violating others' legal rights
• Attempt to hack or disrupt the Platform, or misuse blockchain networks in a manner that endangers other participants

6.3. Content Removal & Account Suspension

We may remove any User Content that we believe violates these Terms or applicable law. We may suspend or terminate your account at our discretion if we believe you have engaged in prohibited behavior.

7. Disclaimers

7.1. "As Is"

All services, including the Product Coins or memecoin launch functionality, are provided on an "as-is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free.

7.2. Not Investment Advice

Despite the Staff Statement referencing memecoins as collectibles, we do not provide investment, tax, or legal advice. You are solely responsible for conducting your own due diligence before buying, selling, or creating any Product Coins or memecoin via ProductClank.

7.3. Taxes & Responsibilities

You are solely responsible for determining and fulfilling any tax obligations arising from your use of the services, including any transactions involving memecoins, fee sharing, or other crypto assets. ProductClank does not provide tax advice, and we make no representations regarding tax treatment. Consult with a qualified professional for guidance on tax obligations in your jurisdiction.

7.4. Regulatory Risks

Regulatory clarity for crypto assets (including "collectibles") can evolve, and local regulators may treat them as securities despite the Staff's view.

7.5. Assumption of Risks

By accessing and using any of our products, you represent that you understand that the markets for these digital assets are nascent and highly volatile due to risk factors including, but not limited to, adoption, speculation, technology, security, and regulation. Further, you understand that smart contract transactions automatically execute and settle, and that blockchain-based transactions are irreversible when confirmed. You accept that we are not liable for any financial loss you incur.

8. Limitation of Liability

8.1. Indirect Damages

To the fullest extent permitted by law, ProductClank, its affiliates, and their respective officers, directors, employees, or agents, shall not be liable for any indirect, incidental, consequential, or special damages, including lost profits or data.

8.2. Liability Cap

In no event shall the total liability of ProductClank to you exceed the greater of: (a) amounts you have paid us in the six (6) months preceding the claim, or (b) one hundred U.S. dollars (USD $100).

8.3. No Liability for Blockchain

We do not control the Base blockchain (or any other blockchain used) and cannot be held liable for transaction failures, block reorgs, or smart contract exploits. All on-chain actions are at your own risk.

9. Indemnification

You agree to indemnify, defend, and hold harmless ProductClank, its affiliates, and their respective directors, officers, employees, contractors, and agents from any claim or demand (including attorneys' fees) arising from or related to:

• Your use or misuse of the Services
• Your violation of these Terms
• Your infringement of any third-party's rights
• Any regulatory or legal disputes over your classification of memecoins in your jurisdiction

10. Dispute Resolution & Governing Law

10.1. Governing Law

These Terms and any dispute or claim arising out of or relating to them shall be governed by the laws of England and Wales, without regard to conflict-of-law principles.

10.2. Arbitration

Any dispute arising out of or relating to these Terms that is not resolved informally within thirty (30) days after notice of the dispute is provided shall be exclusively settled by binding arbitration administered by the London Court of International Arbitration (LCIA) in accordance with the LCIA Rules. The seat of arbitration shall be London, England, and the arbitration shall be conducted in English. The governing law for any such dispute shall be the laws of England and Wales, without regard to conflict-of-law principles. You expressly waive the right to participate in any class action lawsuit or class-wide arbitration, and all claims must be brought solely on an individual basis.