Terms of Service

The following terms and conditions (the "Ts&Cs") constitute a legally binding agreement between you (referred to herein as "you", "your", or "User") and PokemonFM Ltd.("PokemonFM", "we", "us", or "our"), governing your interaction with the Service (as defined below).

Certain services or elements of the Service, including without limitation any PokemonFM Item (as defined below), Pack, draw, exchange, or any PokemonFM profile hosted on a social media platform (e.g., X, Discord, Telegram, or Instagram), may be subject to additional or supplemental terms, as set forth in these Ts&Cs or in connection with such services or elements and as are herein incorporated by reference ("Supplemental Terms" and, collectively with these Ts&Cs, the "Agreement"). If these Ts&Cs are inconsistent with any Supplemental Terms, the Supplemental Terms shall control solely with respect to such Service.

By browsing the website available at https://pokemonfm.com (the "Website"), opening a Pack, purchasing or acquiring a PokemonFM Item, participating in a draw, exchange, or auction, storing an Item with or redeeming an Item from PokemonFM, participating in PokemonFM's social media properties, and/or using any of our other services (collectively, the "Service"), you expressly acknowledge and agree that you have read, understand, and agree to be bound by this Agreement. If you do not agree to the terms set forth in this Agreement, you must not access or use our Website or any Service.

Please read Section 22 of this Agreement carefully, as it contains an arbitration agreement which will, with limited exceptions, require disputes between us to be submitted to binding and final arbitration. Unless you opt out of the arbitration agreement: (1) you will only be permitted to pursue claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (2) you are agreeing to mandatory individual arbitration for the resolution of disputes and waiving your right to a jury trial on your claims.

Please refer to our Privacy Policy for information about how we collect, use, and share personal information about you. By submitting data through the Service, you expressly consent to the collection, use, and disclosure of your personal data in accordance with the Privacy Policy.

PokemonFM reserves the right to change or modify this Agreement at any time and in our sole discretion. If we make changes, we will provide notice such as by email, in-product announcement, or by updating the "Last updated" date at the top of these Ts&Cs. Continued use of the Service after such update confirms your acceptance of the revised Ts&Cs.

1. From time to time, certain digital items (each, a "PokemonFM Item") are made available through our Website. Each PokemonFM Item represents a specific in-game or real-world asset (the "Asset") as depicted in the corresponding listing. Items are sold individually, bundled into Packs, awarded in draws, or exchanged for credits at our published rates.
2. Where the underlying Asset is a physical or off-chain item, PokemonFM or its custodial partner holds that Asset on behalf of the then-current owner of the corresponding PokemonFM Item until redemption is requested. Upon transfer of an Item to a new owner, custody of the underlying Asset transfers with it.
3. Except where explicitly set forth at point of sale, PokemonFM is not the original seller of any Asset listed on the Service and acts as a marketplace facilitator. PokemonFM makes no representations about the suitability, reliability, timeliness, or accuracy of any third-party listing or interaction. Neither PokemonFM nor its affiliates is responsible for the conduct, whether online or offline, of any User of the Service.
4. In order to access certain features of the Service, you may be required to connect a software-based digital wallet (your "Wallet"). Transactions initiated through the Service may be effected by third-party wallet extensions or by PokemonFM's custodial wallet on your behalf, as indicated at the time of transaction. PokemonFM does not own, operate, or control any blockchain. PokemonFM is not an agent or intermediary of any User, and is not capable of reversing on-chain transactions.

1. All pricing and payment terms are as indicated at point of sale. Any payment obligations you incur are binding at the time of purchase. You may not substitute any other currency for the currency in which you have contracted to pay. No fluctuation in the value of any currency, whether cryptocurrency or otherwise, shall excuse your obligations with respect to any purchase.
2. We cannot, and expressly do not, guarantee that any PokemonFM Item, Pack, or draw entry will be available for purchase at the time you seek to acquire it.
3. You are responsible for ensuring your funding source has sufficient balance to cover the full cost of your purchase, including (i) transaction fees imposed by any third-party processor, (ii) Taxes (as defined below), and (iii) network fees ("Gas Fees"). PokemonFM does not receive Gas Fees and has no authority over them.
4. All payments processed via on-chain methods are effected through the underlying blockchain. We have no ability to reverse such payments. You acknowledge that PokemonFM has no liability for claims arising as a result of your payment not reaching us, or your payment being sent to an incorrect address.
5. You are solely responsible for determining and paying any sales, use, value-added, or other taxes, duties, and assessments (excluding taxes on our net income) now or hereafter claimed in connection with your use of the Service (collectively, "Taxes").

1. Packs and draws sold on the Service contain Items selected by a verifiably random process. The probability table for each Pack or draw is published at the point of sale. You acknowledge that the outcome of any Pack opening or draw entry is final once the underlying random number has been committed on-chain or recorded by our provably fair commit-reveal mechanism.
2. Once a Pack is opened, the Items revealed are non-refundable. You may resell, exchange, or redeem those Items in accordance with this Agreement.
3. PokemonFM makes no representation as to the future resale value of any Item. The secondary-market price of any Item may rise or fall and may at times be lower than the price you paid for the Pack from which it was drawn.

1. Where PokemonFM or its partners hold custody of an underlying Asset, PokemonFM uses commercially reasonable efforts to maintain the integrity of each such Asset. PokemonFM shall maintain insurance covering such Assets to a level reasonably sufficient to cover their fair market value. Notwithstanding the foregoing, PokemonFM shall not be liable to you for any loss, damage, or destruction of any Asset subject to its custody except to the extent arising from PokemonFM's gross negligence or willful misconduct.
2. Following your acquisition of a PokemonFM Item, you may request to receive the underlying Asset (where one exists). As a precondition of any transfer of the Asset, PokemonFM shall verify (i) your identity, (ii) your compliance with this Agreement, and (iii) your ownership of such Item. Upon transfer of the Asset, the associated PokemonFM Item shall be burned or marked as redeemed.
3. Redemption may be subject to additional fees, including Taxes and shipping and handling fees, as set forth on the Service and as may be subject to change from time to time in PokemonFM's discretion.
4. In the event of insolvency, bankruptcy, or cessation of PokemonFM's business operations, we have established procedures to ensure the return of physical assets entrusted to us by Users. Users are responsible for covering the cost of shipping and any associated taxes, and must initiate the return process within three months of such event. PokemonFM will not offer any monetary reimbursement or compensation beyond facilitating the return of the physical assets to the rightful owners.

1. You may be able to sell, trade, or distribute your PokemonFM Items on compatible secondary marketplaces operated by third parties ("Secondary Marketplaces"), subject to such marketplace's then-current terms. PokemonFM Items may not be compatible with all Secondary Marketplaces, and PokemonFM makes no guarantee about the availability or functionality of any Secondary Marketplace.
2. You acknowledge and agree that we are not a party to any agreement or transaction on any Secondary Marketplace, whether or not a commission is received by us. We are not liable for any loss incurred by you in connection with or arising from any sale on a Secondary Marketplace.
3. Any sale of a PokemonFM Item via a Secondary Marketplace may be subject to a PokemonFM royalty or service fee, automatically deducted from the amount paid by the buyer to the seller where the marketplace supports it.

By using the Service, you represent and warrant that:

• Authority. You are at least 18 years old (or the legal age of majority in your jurisdiction) and have full capacity, power, and authority to enter into and perform your obligations under this Agreement.
• Accuracy of Information. All information provided to PokemonFM by you, including any address, identification, or tax ID number, is accurate and complete.
• Sanctions. You are not, and will not authorize any use of the Service by any person that is: (1) in, under the control of, or a national or resident of any jurisdiction subject to a comprehensive U.S., EU, or UK trade embargo; or (2) identified on any export- or sanctions-related restricted party list.
• Compliance. You have not failed to comply with, and will comply with, any applicable legal requirement relating to blockchain technologies and your use of the Service.
• Independent Investigation. You have conducted an independent investigation of the Service, the matters contemplated by this Agreement, and the risks of blockchain technology, and you have relied solely on the results of such investigation in deciding to use the Service.
• One Account. One account per person, household, IP address, or device. You will not buy, sell, rent, or lease access to the Service without our written permission.

PokemonFM may require you to provide additional information and documents from time to time, including at the request of any competent authority or in order to help PokemonFM comply with applicable anti-money-laundering, counter-terrorism-financing, or sanctions laws. In such cases, PokemonFM may, in its sole discretion, pause or cancel your transactions until the requested information has been reviewed and accepted. If you do not provide complete and accurate information, PokemonFM may refuse to provide any Item, Pack, content, product, service, or further access to the Service.

You consent to receive electronic communications from PokemonFM, including transactional emails (one-time login codes, withdrawal confirmations, account notices) and, where you have opted in, marketing emails. You may opt out of marketing communications at any time via the unsubscribe link.

The Service, including all underlying technology and intellectual property, is and will remain the exclusive property of PokemonFM and its licensors. Your acquisition of a PokemonFM Item does not grant you any rights in our trademarks, trade dress, or other intellectual property except as expressly granted in writing.

Subject to your compliance with this Agreement, PokemonFM grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any content from the Service except as permitted by this Agreement.

You retain all rights in content you submit to the Service. By submitting content, you grant PokemonFM a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, copy, modify, publicly display, distribute, and create derivative works of such content in connection with operating and promoting the Service. You represent that you have all rights necessary to grant this license.

The Service may rely on or integrate with third-party services, including game studios, wallet providers, blockchain RPC providers, and payment processors. Your use of such third-party services is governed by their own terms, and PokemonFM is not responsible for their actions or omissions.

You agree not to:

• Multi-account, collude, chip-dump, or use automated software, scripts, or bots.
• Use VPNs or any other technical means to bypass our country gate or other access controls.
• Use stolen payment methods or funds derived from illegal activity.
• Abuse bugs, RNG patterns, or pricing errors. Discovered exploits must be reported to support@pokemonfm.com.
• Engage in any conduct that is unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable.
• Reverse-engineer, decompile, or attempt to extract the source code of the Service.

If you believe that any content on the Service infringes a copyright you own, please send a notice to support@pokemonfm.com containing: (i) identification of the copyrighted work claimed to be infringed, (ii) identification of the allegedly infringing material, (iii) your contact information, (iv) a statement that you have a good-faith belief that the use is not authorized, and (v) a statement that the information is accurate and that you are authorized to act on behalf of the copyright owner.

PokemonFM reserves the right, but has no obligation, to investigate any suspected violation of this Agreement, including unauthorized access to or use of the Service. PokemonFM may cooperate with law enforcement authorities to investigate or prosecute Users who violate the law or this Agreement.

You release PokemonFM, its affiliates, and its and their respective officers, directors, employees, and agents from claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and any third party in connection with the Service.

You acknowledge and accept the following risks:

• The price and liquidity of PokemonFM Items and underlying Assets may fluctuate and may at any time be lower than the price you paid.
• The regulatory regime governing blockchain technologies and digital assets is uncertain and may change in ways that materially affect the Service.
• Smart contracts and on-chain mechanisms may contain bugs or vulnerabilities, including those that may result in the loss of digital assets.
• You are solely responsible for the security of your Wallet, seed phrases, and private keys. PokemonFM cannot recover them.
• Network conditions may delay or prevent the execution of on-chain transactions.

You agree to indemnify, defend, and hold harmless PokemonFM, its affiliates, and its and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with (i) your access to or use of the Service, (ii) your violation of this Agreement, (iii) your violation of any rights of another, or (iv) your violation of any applicable law.

You are responsible for determining what, if any, Taxes apply to your transactions on the Service and for withholding, collecting, reporting, and remitting the correct amounts to the appropriate taxing authorities. PokemonFM is not responsible for withholding, collecting, reporting, or remitting any tax arising from your use of the Service.

The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, PokemonFM and its affiliates expressly disclaim all warranties of any kind, whether express, implied, statutory, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. PokemonFM makes no warranty that the Service will be uninterrupted, timely, secure, or error-free.

To the maximum extent permitted by applicable law, in no event shall PokemonFM or its affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service, (ii) any conduct or content of any third party on the Service, or (iii) unauthorized access, use, or alteration of your transmissions or content. PokemonFM's aggregate liability arising out of or relating to this Agreement is limited to the lesser of (a) the amount you paid to PokemonFM in the twelve months preceding the event giving rise to the claim and (b) the equivalent of 5,000 USDT.

Informal Resolution. Before filing a claim, you agree to attempt to resolve the dispute informally by contacting support@pokemonfm.com. We will attempt to resolve the dispute by contacting you via email.

Binding Arbitration. Except for the right of either party to seek injunctive or other equitable relief, any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration administered under the rules of the International Chamber of Commerce. The arbitration shall be conducted in the English language, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

Class Action Waiver. You and PokemonFM agree that each party may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative proceeding.

Governing Law. This Agreement is governed by the laws of the Union of the Comoros, without regard to its conflict of laws principles, with concurrent jurisdiction acknowledged under our Lao PDR license for matters arising there.

This Agreement constitutes the entire agreement between you and PokemonFM with respect to the Service and supersedes all prior or contemporaneous communications and proposals with respect to such subject matter. If any provision of this Agreement is held to be unenforceable, the remaining provisions will continue in full force. PokemonFM's failure to enforce any right or provision will not constitute a waiver. You may not assign or transfer this Agreement without PokemonFM's prior written consent; PokemonFM may freely assign this Agreement.

From time to time, PokemonFM may offer giveaways, sweepstakes, contests, or similar promotions. These will be governed by additional rules posted at the time of the promotion. By participating, you agree to be bound by those additional rules in addition to this Agreement. No purchase is necessary where prohibited by law.

Questions about this Agreement may be sent to support@pokemonfm.com.