Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) are an agreement between you and Solana Deads, LLC (“Solana Deads”, “we”, “us”, or “our”), with its principal office at 1001 S Main St Ste 49, Kalispell, MT 59901, the company that operates the Solana Deads applications and platforms. By accessing or using any part of the Solana Deads website, applications, smart contracts, NFTs, accounts, embedded wallets, or services (collectively, the “Services”), you agree to be legally bound by these Terms. If you do not agree with these Terms, you must not use the Services.

GraveMint, GraveMarket, GraveStake, GraveDraw, GraveForge, GraveKeeper, and Crypt Console are applications operated by Solana Deads, LLC. Any right, discretion, or remedy expressed in these Terms to be exercisable by an application is exercisable by Solana Deads, LLC.

These Terms apply across our applications, including GraveMint, GraveMarket, GraveStake, GraveDraw, GraveForge, GraveKeeper, and Crypt Console. Where an application publishes its own additional terms, those additional terms supplement these Terms. In the event of a direct conflict, the application-specific terms govern for that application only, except that Sections 5.2, 8, 9, 10, 12, 13, 15, and 17 of these Terms apply to every application and prevail over any inconsistent application-specific term. No product feature, documentation page, or moderation setting is an application-specific term.

2. Eligibility

You must be at least 18 years old or the legal age of majority in your jurisdiction to use the Services. You may not access or use the Services if prohibited by applicable laws or regulations, including those relating to crypto assets.

3. Use of the Services

You agree to use the Services only for lawful purposes and in accordance with these Terms. You must not:

• Engage in fraud, deception, or market manipulation
• Infringe on any intellectual property rights
• Use bots, scripts, or automated tools to interact with our systems
• Disrupt, damage, or harm any part of the Services or affiliated systems

4. NFTs and Blockchain Interaction

Solana Deads NFTs are digital assets on the Solana blockchain. You understand and accept that:

• Your wallet and token holdings are public and decentralized
• Blockchain transactions are irreversible and final
• You are solely responsible for securing your wallet and private keys

We are not responsible for loss of NFTs, user errors, gas fees, blockchain forks, or malicious contract interactions.

5. Intellectual Property

5.1 Our intellectual property

All content, logos, media, smart contracts, and site design are the intellectual property of Solana Deads, LLC. No license or right is granted except as explicitly permitted by the Solana Deads NFT Intellectual Property Rights Policy. You agree not to copy, distribute, reverse-engineer, or misuse any part of the Services.

5.2 Your content — originality and third-party rights

“Your Content” means everything you submit, upload, select, configure, or cause to be displayed on or through the Services, including artwork, images, audio, names, symbols, descriptions, trait names and values, metadata, links, profile information, and any text appearing within or upon an asset.

You represent and warrant, at the time of submission and on a continuing basis for so long as Your Content remains on the Services, that:

• Your Content is original to you, or you hold every right, license, consent, and permission required to submit it and to have it displayed and distributed on and through the Services;
• no element of Your Content is the artwork, photograph, image, design, text, audio, character, or other work of any other person, and no such work has been used, adapted, traced, reproduced, or incorporated in whole or in part, except under a license or written permission you can produce on request;
• Your Content does not infringe or misappropriate any copyright, trademark, trade dress, patent, trade secret, moral right, right of privacy, or right of publicity of any person;
• Your Content does not use the name, likeness, voice, signature, or persona of any person without that person’s documented consent; and
• where Your Content is generated or assisted by artificial intelligence, that fact is disclosed and you hold the rights necessary in all inputs and outputs.

We may require you to evidence these rights at any time. If you do not produce that evidence within seven (7) days of request, you are in breach of this Section 5.2 and we may act under Section 9 without further notice. These representations and warranties survive termination of these Terms.

You grant Solana Deads a worldwide, non-exclusive, royalty-free, sublicensable license to host, display, reproduce, distribute, and promote Your Content in connection with operating and marketing the Services. This license survives termination in respect of content already minted on-chain.

6. Accounts, Social Login & Embedded Wallets

You may create a Solana Deads account by signing in with your email address or with a supported social login provider — currently Google, X (Twitter), Discord, Apple, or GitHub. Authenticating through any of these methods creates a unified Solana Deads account/profile that is used across our applications (including GraveMint, GraveMarket, GraveStake, GraveDraw, GraveForge, GraveKeeper, and Crypt Console). When you use a social login provider, your use of that provider is also subject to the provider's own terms and policies.

When you sign in with email or a social provider, an embedded blockchain wallet (on Solana and on supported EVM networks) is provisioned for your account. The embedded wallet's private key is generated and secured on your behalf by our third-party authentication and wallet-infrastructure provider; we do not ourselves take custody of that key. This is a custodial-style arrangement so that you can transact without managing a seed phrase.

You acknowledge and agree that:

• You may export your embedded wallet's private key at any time to take full self-custody. Once you export a private key, you are solely responsible for securing it, and we cannot recover it for you.
• You may link or connect additional external wallets to your account; you remain solely responsible for those wallets and their keys.
• You may enroll multi-factor authentication (such as an authenticator app, passkey, or SMS) to help protect wallet actions, and you are responsible for maintaining access to your authentication methods.
• You are responsible for keeping your login credentials, exported keys, and authentication methods secure. We are not liable for losses resulting from unauthorized access to your account, wallet, or credentials, or from your loss of access to them.

Our authentication and wallet infrastructure is provided by a third party; its availability and its handling of the relevant data are subject to that provider's own terms and policies.

7. Account Verification and Access

You may be required to verify ownership of a wallet, an email address, a social login, or an NFT to create an account or access gated content or experiences. We reserve the right to restrict, modify, or revoke access to any part of the Services at our discretion.

8. Content Standards and Prohibited Use

8.1 Content

You represent and warrant that Your Content does not and will not contain or depict any of the following, and does not and will not promote, endorse, incite, or glorify any conduct described in paragraphs (c), (d), or (e). Each paragraph applies independently, and the list is not exhaustive.

• (a) Profanity, vulgarity, and obscenity — profane, vulgar, crude, lewd, or obscene language or imagery, in any language, including deliberate misspellings, abbreviations, leetspeak, homoglyphs, emoji substitutions, and any other device intended to convey such language while evading detection.
• (b) Nudity and sexual content — nudity, partial nudity, sexually suggestive posing, sexual acts, pornography, and sexualized depictions of the human form. Any sexualized depiction of a minor, or of a person presented as a minor, is prohibited absolutely, will be removed and reported to the appropriate authorities, and results in immediate and permanent termination.
• (c) Hatred, discrimination, and hateful rhetoric — hatred, hostility, contempt, dehumanization, or discrimination directed at any person or group, whether by reference to race, ethnicity, national origin, immigration status, religion, sex, gender, gender identity, sexual orientation, disability, age, political affiliation or belief, or any other characteristic protected under applicable law. This extends to slurs, hateful symbols, insignia, numeric codes, slogans, and coded or implicit expression, whether or not a target is named.
• (d) Terrorism and violent extremism — terrorism, terrorist acts, terrorist or violent extremist organizations and their members, leaders, symbols, manifestos, or propaganda; the celebration, endorsement, or romanticization of any of them; recruitment for or material support of any of them; and the depiction of a perpetrator of a terrorist or mass-casualty attack in an approving, sympathetic, or aspirational manner.
• (e) Violence, threats, and harm — threats of violence, incitement to violence, and the glorification, celebration, or encouragement of violence; graphic violence, gore, mutilation, and depictions of death presented for shock or entertainment; the targeting or harassment of any identified person; and the promotion of suicide, self-harm, or disordered eating. Stylized, fictional, fantasy, or horror-genre imagery that does not portray an identifiable real person or real event is not, without more, within this paragraph.
• (f) Political content — political campaigning or electioneering; promotion of, opposition to, or solicitation on behalf of any candidate, party, office-holder, ballot measure, or political organization; and political advocacy presented through the Services. Political content means content whose principal purpose is to promote or oppose a candidate for public office, a political party, a government, a ballot measure or referendum, or specific legislation or public-policy position, or to solicit funds, votes, or support for any of them. Political content combined with any matter in (c), (d), or (e) is a serious violation and may result in immediate permanent termination.
• (g) Fraud and impersonation — content that is fraudulent or deceptive, that impersonates any person or entity, or that misrepresents rarity, supply, utility, or affiliation; and malware or other harmful code.

8.2 Conduct

Separately from Section 8.1, you will not use the Services, or any Solana Deads asset, name, mark, or NFT, whether on or off the Services, for or in connection with:

• any matter described in paragraphs (a) to (g) of Section 8.1;
• fraudulent schemes, impersonation, or market manipulation;
• any activity that violates applicable law, regulation, or a sanctions program; or
• brand abuse — use of Solana Deads assets, names, marks, or NFTs in a manner that brings reputational harm to the project.

No setting waives these standards. Moderation tools, category overrides, filter configurations, and similar controls that we make available are operational conveniences only. They do not amend these Terms, do not constitute permission or approval, and do not create any exception to this Section 8. If you enable, disable, or configure any such control you remain fully bound by these standards and fully responsible for Your Content.

Interpretation. Whether content or conduct falls within this Section 8 is determined by Solana Deads acting reasonably and in good faith, judged by the reasonable understanding of an ordinary viewer and by the effect of the content rather than your stated intent. That content is claimed to be satirical, ironic, artistic, historical, or customary within a community does not by itself excuse a breach of this Section. We need not show that any person was harmed, was offended, or complained.

9. Enforcement, Termination, and No Refund

A breach of any provision of these Terms — and in particular of Section 3, Section 5.2, or either limb of Section 8 — is a material breach and is cause for termination. On becoming aware of a breach or a suspected breach, we may, immediately, without prior notice, without any cure period, and without liability to you or to any other person, remove or disable access to the offending material on the surfaces we operate, delist or archive the affected content or collection, restrict or disable features, revoke access, and suspend or permanently terminate your account and all associated wallet addresses.

No refund. Where we act under this Section 9 in response to a violation, you are not entitled to, and we will not make, any refund, credit, rebate, set-off, or pro-rated return of any amount paid to us. This applies to platform fees, mint and deployment fees, featured-placement and promotional fees, subscription and service fees, and any prepaid credits or unused allocations, whether or not the service to which they relate has been delivered, consumed, or rendered unavailable by the enforcement action itself.

Termination under this Section does not release you from any amount already owed to us, and does not affect our right to recover our losses, to pursue any other remedy, or to enforce the indemnity in Section 13. Amounts otherwise payable to you that are attributable to or derived from the violating content may be withheld pending investigation and, where the violation is established, forfeited, in each case to the extent permitted by applicable law.

Your assets. Termination does not affect your ownership of assets held in your embedded wallet. A wallet address is not itself terminated; we may block it from the Services. For ninety (90) days after termination you may export the wallet’s private key so that you retain access to those assets.

Each paragraph of this Section 9 is severable from each other paragraph. If any paragraph, or the application of any paragraph in a particular jurisdiction, is held unenforceable, that holding does not affect the enforceability of the remaining paragraphs or of the same paragraph elsewhere. Nothing in this Section limits any right you have under the mandatory consumer law of your place of residence that cannot be excluded by agreement. This Section survives termination of these Terms.

10. Copyright Complaints (DMCA)

Solana Deads, LLC is the designated agent for receiving notices of claimed copyright infringement, registered with the United States Copyright Office. Notices may be sent by email to [email protected] or by mail to Solana Deads, LLC, Attn: DMCA Agent, 1001 S Main St Ste 49, Kalispell, MT 59901. The agent may also be reached by telephone at (801) 870-7904. We respond to notices of alleged copyright infringement consistent with the Digital Millennium Copyright Act. To submit a notice, send the following to [email protected]:

• identification of the copyrighted work claimed to have been infringed;
• identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate it;
• your name, address, telephone number, and email address;
• a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law;
• a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf; and
• your physical or electronic signature.

If your material was removed and you believe that removal was in error, you may submit a counter-notification to the same address containing the elements required by the DMCA. We will terminate, in appropriate circumstances, the accounts of users who are repeat infringers. Complaints of trademark, privacy, or publicity-rights infringement may be sent to the same address.

If we remove or restrict your content or your account, we will tell you what we did and why, in writing, unless the law prevents us from doing so. You may ask us to reconsider by writing to [email protected] within fourteen (14) days, and we will respond within ten (10) business days. Anyone may use that address to notify us of content they believe is illegal.

11. No Warranty

All Services are provided “as is” and “as available,” including account, authentication, and embedded wallet features. We make no guarantees regarding uptime, accuracy, security, or functionality. We disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose.

12. Limitation of Liability

To the maximum extent permitted by law, Solana Deads, LLC shall not be liable for any indirect, incidental, consequential, or punitive damages, including but not limited to:

• Loss of NFTs, wallets, private keys (including exported keys), or access credentials
• Smart contract bugs or exploits
• Unauthorized access to your account or wallet, or unavailability of third-party authentication or wallet-infrastructure providers
• Reputational harm or revenue loss
• Downtime or service interruptions

13. Indemnification

You agree to indemnify, defend, and hold harmless Solana Deads, LLC, and its officers, directors, managers, members, employees, contractors, agents, and affiliates from and against any claims, damages, liabilities, losses, and costs (including reasonable legal fees) arising from or relating to your use of the Services, your violation of these Terms, Your Content, or your infringement or misappropriation of the rights of any third party. This obligation survives termination of these Terms.

14. Modifications to Terms

We may update or change these Terms at any time. Your continued use of the Services after changes are posted constitutes your acceptance of the revised Terms. It is your responsibility to review them regularly.

15. Governing Law and Dispute Resolution

These Terms, and any dispute arising out of or relating to these Terms or the Services, are governed by the laws of the State of Montana, United States, without regard to its conflict-of-laws rules. You and Solana Deads, LLC submit to the exclusive jurisdiction of the state courts located in Flathead County, Montana, and the United States District Court for the District of Montana for the resolution of any such dispute, and you waive any objection to venue in those courts.

Where an application’s own terms contain an agreement to arbitrate, that agreement governs any dispute relating to that application, and this Section 15 applies to such a dispute only (a) to the extent the dispute is not subject to arbitration under those terms, and (b) for proceedings to compel arbitration or to confirm, modify, vacate, or enforce an arbitration award. The choice of Montana law in this Section applies in every case.

To the extent permitted by law, any dispute must be brought in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

If you are a consumer resident in the European Economic Area, the United Kingdom, or any other jurisdiction whose law gives you the benefit of mandatory consumer-protection rules, nothing in these Terms deprives you of the protection of those rules, or of your right to bring or defend proceedings in the courts of your place of residence.

16. Additional Policies

Use of the Services is also subject to the Solana Deads NFT Intellectual Property Rights Policy and Privacy Policy. You are expected to review and comply with all official policies published by the project.

17. General

If any provision of these Terms is held invalid or unenforceable, that provision is severed to the minimum extent necessary and the remaining provisions remain in full force. Our failure to enforce any provision is not a waiver of it. These Terms are the entire agreement between you and Solana Deads regarding the Services. You may not assign these Terms; we may assign them freely.

TL;DR Summary

This summary is for convenience only. It is not part of these Terms and does not change them. If it differs from the numbered Sections above, the numbered Sections apply.

• Use the site, NFTs, accounts, and wallets at your own risk
• You can sign in with email, Google, X (Twitter), Discord, Apple, or GitHub — this creates a unified account used across our apps
• Signing in provisions an embedded Solana + EVM wallet whose key is secured by a third-party provider; you can export it (self-custody) or link your own wallets
• You must secure your login credentials, exported keys, and authentication methods; enable MFA to add protection
• We are not liable for lost NFTs, lost or exported keys, unauthorized access, or failed transactions
• Anything you upload must be your own work or properly licensed — no using someone else’s art or images without permission
• No profanity, nudity, hate, terrorism, violence, or politics — and no fraud, impersonation, or brand abuse
• We can revoke access for violations at any time, and violations are not refunded
• Solana Deads, LLC is the company behind the apps, and is a registered DMCA agent
• Montana law governs; only documents signed by an officer of Solana Deads, LLC are official