Daiko Terms of Use

1. These Terms apply to all relationships between the Company and Users concerning the use of the Service.
2. By connecting to or using the Service, a User agrees to these Terms and to the Privacy Policy. A person who does not agree shall not use the Service.
3. Rules and notices concerning the Service that the Company publishes from time to time form part of these Terms.

In these Terms, the following terms have the meanings set out below:

1. "Service" means the Daiko application for iOS, iPadOS and macOS and all related services provided by the Company.
2. "User" means any person who uses the Service.
3. "Wallet" means a self-custodial Solana wallet created or imported by a User through the Service.
4. "Passkey" means an authentication credential stored on a User's Apple devices and used to approve operations on a Wallet.
5. "User Content" means comments, replies, chart callouts and other content that a User posts through the Service.
6. "Telegram" means the messaging service known as Telegram and its operators.

Each User represents and warrants that:

1. the User is at least 18 years of age and has the legal capacity to enter into binding agreements;
2. the User is not located in, or a resident of, any country or region subject to comprehensive sanctions imposed by Japan, the United Nations, the United States or the European Union, and is not named on any sanctions list; and
3. use of the Service, including transactions in crypto assets, is lawful in the User's jurisdiction. The User is responsible for complying with all laws applicable to the User, including tax laws.

1. The Service is an independent client application built on Telegram's open-source iOS application. It is not provided, endorsed or sponsored by, or affiliated with, Telegram.
2. Use of Telegram through the Service is also subject to Telegram's Terms of Service. The Company has no control over Telegram accounts, messages or channels and assumes no responsibility for them.

1. A User connects to the Service with the User's Telegram account. To verify ownership of that account, the Service sends a verification message to the Company's Telegram bot on the User's behalf.
2. The User is responsible for all activity under the User's account and for the secure management of the User's devices, Telegram account and Passkeys.
3. A User who becomes aware of any unauthorized use of the User's account shall promptly notify the Company at support@daiko.ai.

1. The Wallet is self-custodial. Its private keys are held by a third-party wallet key management provider and can be used only with the User's Passkey. The Company holds no key capable of signing transactions for the Wallet.
2. Creation, import and export of a Wallet, and every transaction and withdrawal, require approval with the User's Passkey. The Company cannot access, transfer, freeze or recover assets in the Wallet, and cannot reverse any transaction.
3. If a User loses every Passkey associated with a Wallet, access to that Wallet is permanently lost, and creating a new Wallet does not restore it. The User is responsible for registering a recovery Passkey or for exporting and safely storing the Wallet's private key.
4. Importing a Wallet does not invalidate other copies of its recovery phrase or private key. Any holder of such a copy remains able to transfer the assets.
5. The Wallet operates on Solana Mainnet with assets of real value. The User shall verify every address and amount before approval. Transfers to an incorrect address cannot be reversed.

1. Transactions in the Service are on-chain swaps between SOL or USDC and other Solana tokens, routed and executed through a third-party swap aggregator. A transaction is executed only after the User reviews it and approves it with the User's Passkey.
2. Prices may change between quotation and execution. A transaction may execute at a less favorable price within the slippage tolerance set by the User, or may fail or expire. Network fees may be incurred for a failed transaction.
3. The Company is not a broker, exchange, custodian or financial adviser. The Company does not act as counterparty to any transaction, does not hold Users' assets and does not guarantee the execution of any transaction.
4. Certain tokens may be impossible to sell or withdraw, may impose transfer fees, or may be controlled by their issuers. Warnings displayed in the Service do not guarantee the safety of any token.

1. The Company charges a service fee equal to 1% of the amount of each transaction. The fee is included in the quotation and displayed before approval.
2. Network fees, priority fees and refundable account rent are paid from the Wallet and displayed before approval.
3. The Company charges no fee for withdrawals.

Prices, charts, holder data, token labels and token descriptions in the Service are derived from third parties and public blockchain data and may be delayed, incomplete or inaccurate. The Company does not warrant their accuracy. User Content represents the opinions of the Users who post it. Nothing in the Service constitutes a recommendation or endorsement of any token.

1. The Service does not provide investment, financial, tax or legal advice.
2. Each User acknowledges that crypto assets are highly volatile and may lose their entire value, and that fraudulent tokens and projects exist.
3. Each User makes all decisions concerning transactions at the User's own judgment and responsibility.

1. User Content is public. The User retains ownership of User Content and grants the Company a worldwide, non-exclusive, royalty-free license to host, reproduce, display and distribute it within the Service for as long as it remains posted. A User may delete the User's own User Content at any time.
2. The Company has zero tolerance for objectionable content and abusive users. Users shall not post User Content that: (i) is unlawful, hateful, harassing, threatening, sexually explicit or violent; (ii) promotes fraud, phishing, fake giveaways or impersonation; (iii) manipulates markets, including coordinated pump-and-dump schemes and undisclosed paid promotion; (iv) discloses the private information of another person; (v) infringes the rights of another person; or (vi) contains malware or spam.
3. Reports of User Content or Users shall be sent to support@daiko.ai with a link to the token page and a description of the content. The Company reviews reports within 24 hours, removes User Content that violates these Terms, and suspends or terminates the accounts of Users who post it.

Users shall not engage in any of the following acts in connection with the Service:

1. Acts that violate laws and regulations, including sanctions and anti-money-laundering laws;
2. Acts relating to the proceeds of crime;
3. Acts that interfere with the servers or networks of the Company, its service providers or other Users, or that circumvent rate limits or security measures;
4. Access to the Company's servers by automated means other than the Service;
5. Use of another person's account, or creation of an account on behalf of another person;
6. Posting of User Content prohibited under Article 11;
7. Acts contrary to public order and morals; and
8. Any other act that the Company reasonably deems inappropriate.

1. The Company may, without prior notice, suspend or terminate a User's access to the Service or remove User Content if the User violates these Terms, if required by laws and regulations, or if necessary to protect Users or the Service.
2. Suspension or termination does not give the Company control over assets in the Wallet, which remain under the User's Passkey.
3. The Company is not liable for any damage arising from measures taken under this Article, except in cases of the Company's intentional misconduct or gross negligence.

A User may discontinue use of the Service and delete the User's account at any time in accordance with the procedure set out in Account Deletion.

The Service depends on services that the Company does not control, including Telegram, Apple, wallet key management, blockchain access, swap routing and market data providers, and the Solana network. The Company is not responsible for their interruption, errors or changes. Use of those services may be subject to their own terms.

The Service is built on Telegram's iOS application, which is licensed under the GNU General Public License version 2, and includes other open-source components under their respective licenses. Nothing in these Terms limits a User's rights under those licenses.

Except for open-source components and User Content, all intellectual property rights in the Service, including the Daiko name and logo, belong to Daiko Labs Corporation or its licensors. Users shall not use the Daiko name or logo in any manner that suggests endorsement by the Company.

The Service is provided "as is" and "as available". To the extent permitted by law, the Company disclaims all warranties, express or implied, including warranties of fitness for a particular purpose, accuracy and non-infringement, and does not warrant that the Service will be uninterrupted, error-free or secure.

1. To the extent permitted by law, the Company is not liable for any indirect, incidental, special or consequential damages, or for any loss of profits, data or crypto assets, including losses arising from market movements, failed or delayed transactions, third-party services or the loss of Passkeys.
2. The Company's total liability to a User for any claim is limited to the greater of the fees paid by the User to the Company in the 12 months preceding the claim and 10,000 Japanese yen.
3. The limitations in this Article do not apply to damage caused by the Company's intentional misconduct or gross negligence, or where they are not permitted by law, including the Consumer Contract Act of Japan.

To the extent permitted by law, a User shall compensate the Company for any loss arising from a third-party claim caused by the User's violation of these Terms or by the User's User Content.

1. Each User represents that the User is not, and covenants that the User will not become, a member of an organized crime group, a person who ceased to be such a member less than five years ago, a quasi-member of such a group, a company related to such a group, a corporate racketeer or any other anti-social force (collectively, "Anti-Social Forces"), and that the User has no involvement with Anti-Social Forces.
2. If the Company determines that a User falls under the preceding paragraph, the Company may suspend or terminate the User's use of the Service without prior notice.

1. The Company may amend these Terms where the amendment conforms to the general interests of Users, or where the amendment does not contradict the purpose of these Terms and is reasonable in light of its necessity, the appropriateness of its content and other circumstances, in accordance with Article 548-4 of the Civil Code of Japan.
2. The Company will publish the fact of the amendment, the amended content and its effective date on this page before the amendment takes effect.

1. A User shall not assign, transfer or pledge the User's position under these Terms, or any rights or obligations under them, to any third party without the Company's prior written consent.
2. If the Company transfers the business of the Service, it may transfer to the transferee its position under these Terms, its rights and obligations, and User information, and each User consents to such transfer in advance.

If any provision of these Terms is held invalid or unenforceable under the Consumer Contract Act or any other law, the remaining provisions continue in full force and effect.

These Terms are governed by the laws of Japan. The Tokyo District Court has exclusive jurisdiction as the court of first instance over any dispute arising from or relating to these Terms or the Service. Nothing in this Article deprives a User of the protection of mandatory consumer laws of the User's place of residence.

These Terms are prepared in English. Any translation is provided for reference only, and the English version prevails in the event of any inconsistency.

The following terms apply where the User obtained the Service from Apple's App Store:

1. These Terms are concluded between the User and Daiko Labs Corporation, not Apple. The Company, not Apple, is solely responsible for the Service and its content.
2. The license granted to the User is limited to use of the Service on Apple-branded products that the User owns or controls, as permitted by the Usage Rules set forth in Apple's Media Services Terms and Conditions.
3. Apple has no obligation to furnish any maintenance or support services with respect to the Service.
4. In the event of any failure of the Service to conform to an applicable warranty, the User may notify Apple, and Apple will refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Service.
5. The Company, not Apple, is responsible for addressing any claims relating to the Service, including product liability claims, claims that the Service fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation.
6. In the event of any third-party claim that the Service or the User's possession and use of it infringes that third party's intellectual property rights, the Company, not Apple, is solely responsible for the investigation, defense, settlement and discharge of that claim.
7. The User represents and warrants that the User is not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that the User is not listed on any U.S. Government list of prohibited or restricted parties.
8. The User shall comply with applicable third-party terms of agreement, such as the User's wireless data service agreement, when using the Service.
9. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon the User's acceptance of these Terms, have the right to enforce them against the User as third-party beneficiaries.

Questions, complaints and claims concerning the Service shall be directed to Daiko Labs Corporation at support@daiko.ai.