Draft for legal review. Bracketed items are placeholders to complete before launch.
Terms of Use
These Terms of Use (the "Terms") govern your access to and use of the Memetics website at memetics.gg, its applications, and any related interface, software or feature, including Ask Memetics (together, the "Interface"). The Interface is provided by [Memetics legal entity], a [company type] organised under the laws of [jurisdiction] ("Memetics", "we", "us"). Please read them carefully: they include a binding arbitration agreement and a class action waiver in section 21.
1. Agreement
1.1 By accessing or using the Interface, connecting a wallet to it, or signing any message or transaction through it, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Interface.
1.2 If you use the Interface on behalf of a company or other entity, you confirm that you are authorised to bind it, and "you" includes that entity.
1.3 Additional terms shown in the Interface for a particular feature, program or promotion (for example, points or referral programs) form part of these Terms. If they conflict with these Terms, the additional terms govern that feature.
2. Eligibility and Restricted Persons
2.1 You must be at least 18 years old and have full legal capacity to enter into these Terms.
2.2 The Interface is not offered to, and may not be used by, any Restricted Person. A "Restricted Person" is any person or entity that:
- is a resident of, citizen of, located in, incorporated in, or has a registered office in the United States of America (including its territories) or the Province of Ontario, Canada;
- is a resident of, citizen of, located in, incorporated in, or has a registered office in a Restricted Territory: Cuba, Iran, North Korea, Syria, the Crimea region of Ukraine, the so-called Donetsk and Luhansk People's Republics, any other Russian-occupied region of Ukraine, or any other country or territory subject to comprehensive sanctions or embargoes administered by the United States, the United Nations, the European Union or the United Kingdom;
- is listed on, owned or controlled by, or acting on behalf of a person listed on, any sanctions list, including the Specially Designated Nationals and Blocked Persons List of the U.S. Office of Foreign Assets Control, and the consolidated sanctions lists of the United Nations, the European Union and the United Kingdom; or
- is otherwise prohibited by applicable law from using the Interface or any product available through it.
2.3 We may add jurisdictions to the Restricted Territories at any time, for example where a product (such as outcome markets) is not lawful. The list shown in the Interface at the time you use it applies.
2.4 By using the Interface you represent and warrant, each time you use it, that you are not a Restricted Person and that your use complies with the laws that apply to you.
2.5 You must not use a virtual private network, proxy, location-masking tool or any other means to access the Interface from, or conceal your connection to, a restricted jurisdiction. Doing so does not change your status as a Restricted Person.
2.6 We may use IP address geolocation, wallet screening and other measures to enforce this section, and may block or restrict access, features or orders without notice. These measures are not a substitute for your own compliance and are not a determination that your use is lawful.
3. The Interface
3.1 The Interface is a software tool that lets you view public blockchain data and create, sign and submit orders and transactions to third-party protocols. Memetics is not an exchange, broker, dealer, custodian, money transmitter, investment adviser, fiduciary or counterparty to your trades. We do not operate order books, match orders, set market prices, run oracles, settle trades or decide liquidations; the relevant protocol does.
3.2 Information in the Interface, including prices, funding rates, liquidity, estimated fills, liquidation prices, profit and loss, charts and market lists, is provided for convenience. It may be delayed, estimated, incomplete or wrong. Demo or simulated modes do not move real funds and their results do not predict real outcomes.
3.3 We may change, suspend or discontinue any part of the Interface, list or delist any market from the Interface, and set limits (such as per-order caps in Ask Memetics), at any time. Delisting a market from the Interface does not affect your positions on the underlying protocol, which you can manage through any other compatible interface.
4. Non-custodial use, wallets and trading keys
4.1 You use your own self-custodial wallet. Memetics never has access to your seed phrase or wallet private key and cannot sign withdrawals for you. You are solely responsible for keeping your wallet, devices and credentials secure.
4.2 When you turn on trading, you sign an approval on Hyperliquid for a trading key (an "API wallet") generated in your browser. The trading key can place, modify and cancel orders on your Hyperliquid account; it cannot withdraw or transfer funds. It is encrypted and stored on your device. Anyone with access to your unlocked device or browser profile may be able to use it. You can revoke it at any time, and it expires after the period you choose.
4.3 Orders and transactions you confirm are final once submitted. Blockchain transactions cannot be reversed by us, and we cannot recover assets sent to the wrong address, lost keys or funds affected by a protocol failure.
4.4 You authorise us to build orders and transactions according to your instructions in the Interface, including the builder fee described in section 8, and to submit them on your behalf when you confirm them.
5. Third-party protocols and services
5.1 The Interface connects to protocols and services that Memetics does not own or control, including the Hyperliquid blockchain (HyperCore and HyperEVM) and its validators, builder-deployed (HIP-3) perpetual venues such as trade.xyz, Hyperliquid outcome (HIP-4) markets, the Elysium network, Kinetiq, swap routers such as 0x, cross-chain bridges, wallet and embedded-wallet providers, payment and on-ramp providers, stablecoin issuers, and AI model providers (together, "Third-Party Services").
5.2 Your use of a Third-Party Service is governed by its own terms and policies, which you are responsible for reading and accepting. We make no representations about, and are not responsible for, the availability, security, accuracy, legality or performance of any Third-Party Service, including network outages, forks, validator decisions, oracle or mark-price errors, smart-contract bugs, venue shutdowns, delistings, settlement decisions or changes to their rules.
5.3 Some Third-Party Services restrict access by jurisdiction independently of these Terms. Being permitted to use the Interface does not mean you are permitted to use a particular Third-Party Service.
6. Products available through the Interface
6.1 Perpetual futures. Perpetual contracts are leveraged derivatives with no expiry. They involve margin, funding payments between longs and shorts, and automatic liquidation by the protocol when margin falls below the maintenance requirement. You can lose all margin posted to a position, and in cross margin, margin backing other positions.
6.2 Advanced orders. Limit, stop, take-profit, stop-loss, scale and TWAP orders depend on market conditions and on your device and network. TWAP orders created in the Interface are sliced by the Interface and send only while a Memetics tab is open; slices may fail, partly fill or be skipped. Orders shown on charts can be moved by dragging, which submits a modification when released.
6.3 Spot and hedged buys on Elysium. Token swaps are routed by third parties and may fill at a worse price than quoted within your slippage. A hedged buy consists of separate transactions on separate networks; one leg may succeed while the other fails, leaving you unhedged or partly hedged.
6.4 Outcome markets. Outcome markets are fully collateralised event contracts that pay a fixed amount if a stated condition is met and nothing otherwise. They settle according to the rules and data sources of the Hyperliquid protocol, which Memetics does not control. Outcome markets may be classed as gambling, betting, binary options or regulated derivatives in some places; you must not use them where they are prohibited, and we may restrict them by jurisdiction.
6.5 Alerts and notifications. Price, fill, liquidation-risk and other alerts are best effort and may be delayed or missed, especially when your browser is closed. Do not rely on them to manage risk.
6.6 Share cards. PnL or trade images you generate and share are your responsibility. They must not be misleading.
7. Ask Memetics (AI features)
7.1 Ask Memetics interprets messages you type. Recognised commands are handled by deterministic code. Other messages may be processed by a third-party AI model, which may read a summary of your account and markets in order to answer and may prepare order proposals.
7.2 AI output can be inaccurate, incomplete or out of date. Every order proposal is shown as a card with its details, and nothing is submitted unless you confirm it. You are responsible for reviewing every card before you confirm it. Ask Memetics cannot withdraw or transfer funds, change your limits or settings, or access your keys.
7.3 Nothing produced by Ask Memetics is investment, financial, legal or tax advice, or a recommendation to trade.
7.4 You must not use Ask Memetics to attempt to bypass limits, safety checks or these Terms, or to submit content that is unlawful or that you do not have the right to share. Messages are handled as described in the Privacy Policy. You can turn the AI off in Settings.
8. Fees
8.1 Memetics charges the following fees, which are added to the orders or transactions you confirm:
| Product | Memetics fee | If referred |
|---|---|---|
| Hyperliquid perpetuals (builder fee) | 0.04% of order notional | 0.036% |
| HYPE hedge legs (builder fee) | 0.1% of order notional | 0.1% |
| Outcome markets | None to buy; 0.1% of proceeds when you sell before settlement | 0.09% |
| Elysium spot swaps (platform fee) | 1% of the trade, with a $0.95 minimum | 10% off |
8.2 Builder fees on Hyperliquid are charged by the protocol under a builder fee approval you sign, up to the maximum rate you approved. Protocol fees, venue fees, funding payments, network gas, bridge fees, swap-router fees and other third-party charges are separate and are not set or received by Memetics.
8.3 The applicable fee is shown before you confirm each order. We may change our fees prospectively by updating them in the Interface; changes do not affect orders already submitted. Fees are not refundable, including when an order partly fills or a position is liquidated.
9. Points and referrals
9.1 We may award points for activity in the Interface and may run referral programs. Points are a promotional record of activity only. They have no monetary value, are not property, a security, a currency or a claim on Memetics or any asset, cannot be bought, sold or transferred, and may not be exchanged for anything unless we expressly say so in writing.
9.2 Referral rewards are paid only under the referral terms shown in the Interface at the time, which may set eligibility, rates, caps, payout assets and timing. We may change, pause or end points and referral programs, adjust balances to correct errors, and disqualify activity we reasonably believe is abusive, including self-referral, wash trading, sybil accounts, automated farming or trading to manipulate rewards.
10. Stablecoins
10.1 Memetics does not issue, redeem or guarantee any stablecoin. USDC is the default collateral and quote asset in the Interface. Some markets or balances may use other stablecoins, including legacy USDH, which its issuer has wound down; such markets are shown only if you choose to allow them in Settings.
10.2 Stablecoins can lose their peg, be frozen by their issuer, become unredeemable or be delisted by a protocol. Redemption is governed solely by the issuer and its partners.
11. Risks
You understand and accept that using the Interface involves significant risk, including:
- Market risk. Digital asset prices are highly volatile. Leverage magnifies gains and losses, and you can lose your entire margin quickly.
- Liquidation risk. Positions can be liquidated automatically, including during brief price spikes, and liquidation can occur at a worse price than shown.
- Liquidity and slippage. Order books can be thin. Large orders, fast markets and market orders can fill at prices far from the quote, or not at all.
- Protocol and smart-contract risk. Blockchains, validators, bridges, oracles and smart contracts can fail, be attacked, halt, fork or change their rules, and assets on them can be lost or frozen.
- Venue risk. Builder-deployed markets are run by independent deployers who can halt, settle or delist markets, change parameters or shut down.
- Key and device risk. Loss or compromise of your wallet, seed phrase, device or browser can result in permanent loss.
- Regulatory risk. Laws on digital assets, derivatives and event contracts are changing and may restrict or end your ability to use the Interface or a product.
- Technology risk. The Interface, your connection, data providers and AI models can be unavailable, delayed or wrong at critical moments.
- Tax risk. Trading may create tax obligations that are complex and that you must handle.
You should only trade with funds you can afford to lose, and you are solely responsible for your trading decisions.
12. Prohibited conduct
You must not, and must not help anyone else to:
- use the Interface if you are a Restricted Person, or circumvent any geographic, sanctions or other access control;
- use the Interface for money laundering, terrorist financing, sanctions evasion, fraud or other unlawful activity, or with proceeds of crime;
- engage in market manipulation, including spoofing, layering, wash trading, front-running, pump-and-dump schemes or manipulating outcome markets or their underlying data;
- abuse points, referral or promotional programs;
- interfere with, overload, probe or reverse engineer the Interface, or access it by automated means other than documented features, except as permitted by law;
- introduce malware, phish, impersonate Memetics or another person, or misrepresent your affiliation with us;
- infringe anyone's intellectual property or privacy; or
- breach these Terms or the terms of any Third-Party Service.
13. No advice or fiduciary duty
Nothing in the Interface, including market data, analytics, share cards, alerts, Ask Memetics output or communications from us, is investment, financial, trading, legal or tax advice or a recommendation. We owe you no fiduciary duties. You should consult your own advisers.
14. Taxes
You are solely responsible for determining, reporting and paying any taxes arising from your use of the Interface. Information shown in the Interface, including history exports, may be incomplete and is not tax reporting.
15. Intellectual property
15.1 The Interface, including its software, design, text, graphics, logos and the Memetics name and marks, is owned by Memetics or its licensors. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable licence to use the Interface for your own lawful, non-commercial use.
15.2 Third-party names, logos and marks, including those of networks, venues, tokens and companies shown to identify markets, belong to their owners and are used for identification only. Their display does not imply endorsement or affiliation.
15.3 If you send us feedback or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use them without obligation to you.
16. Privacy
Our Privacy Policy explains what information we collect and how we use it. Public blockchain data, including your wallet address and transactions, is visible to anyone and is outside our control.
17. Disclaimers
To the fullest extent permitted by law, the Interface and all content, features and Third-Party Services available through it are provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability or that the Interface will be secure or error-free. We do not warrant that any order will be executed, at any price, or that any data is accurate or current.
18. Limitation of liability
To the fullest extent permitted by law, Memetics and its affiliates, officers, directors, employees, contributors and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, digital assets, goodwill or trading opportunity, arising out of or relating to the Interface, these Terms, any Third-Party Service, any transaction or any loss of or damage to digital assets, even if advised of the possibility. Our total liability for all claims relating to the Interface or these Terms will not exceed the greater of (a) the Memetics fees you paid in the 12 months before the event giving rise to the claim and (b) US$100.
Some jurisdictions do not allow certain exclusions or limits, so some of the above may not apply to you. Nothing in these Terms excludes liability that cannot be excluded by law.
19. Indemnity
You will indemnify and hold harmless Memetics and its affiliates, officers, directors, employees, contributors and agents from any claims, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising from your use of the Interface, your breach of these Terms or of law, your violation of any third party's rights, or your use of any Third-Party Service.
20. Suspension and termination
We may suspend, restrict or end your access to all or part of the Interface at any time, with or without notice, including if we believe you are a Restricted Person, have breached these Terms, pose a legal or security risk, or if required by law. You may stop using the Interface at any time and can revoke your trading key. Because the Interface is non-custodial, suspension does not take control of your assets; you remain able to manage your positions through the underlying protocols. Sections that by their nature should survive (including 8 to 23) survive termination.
21. Disputes, arbitration and class action waiver
21.1 Informal resolution. Before starting any proceeding, you agree to contact us at [legal@memetics.gg] with a description of the dispute and to try in good faith to resolve it for at least 30 days.
21.2 Binding arbitration. Any dispute, claim or controversy arising out of or relating to these Terms or the Interface that is not resolved informally will be finally resolved by binding arbitration administered by [arbitral institution, e.g. the Singapore International Arbitration Centre] under its rules in force at the time. The seat of arbitration will be [seat], the tribunal will consist of one arbitrator, and the language will be English. Judgment on the award may be entered in any court with jurisdiction.
21.3 Class action waiver. Disputes will be resolved only on an individual basis. You waive any right to bring or participate in a class, collective, consolidated or representative action or arbitration.
21.4 Opt-out. You may opt out of this section 21 by emailing [legal@memetics.gg] within 30 days of first accepting these Terms, stating your name, wallet address and that you opt out of arbitration.
21.5 Governing law. These Terms are governed by the laws of [governing law], without regard to conflict-of-laws rules. Either party may seek urgent injunctive relief in a court of competent jurisdiction.
22. Changes to these Terms
We may update these Terms from time to time. We will change the "Last updated" date and, for material changes, give notice in the Interface. Changes apply from when they are posted unless stated otherwise. If you keep using the Interface after a change takes effect, you accept the updated Terms; if you do not agree, stop using it.
23. General
These Terms, with the Privacy Policy and any feature terms, are the entire agreement between you and us about the Interface. If any provision is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them to an affiliate or successor. We are not liable for delays or failures caused by events beyond our reasonable control, including network failures, attacks, outages, regulatory action or acts of nature. We may give notices through the Interface or to contact details you provide. Headings are for convenience only.
24. Contact
[Memetics legal entity], [registered address]. Email [legal@memetics.gg]. For help with the Interface, see Support.