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Terms Of UseLast Updated: May 13, 2025

These Terms of Use constitute a legally binding agreement between you ("you" or "your") and EarlyFun ("EarlyFun", "we", "our" or "us"). The Terms govern your use of the EarlyFun Services made available to you on or through the Platform or otherwise. EarlyFun Services may be provided by EarlyFun or any EarlyFun Affiliate.

By accessing the EarlyFun Platform and/or using the EarlyFun Services, you agree that you have read, understood and accepted these Terms, together with any additional documents. You acknowledge and agree that you will be bound by and will comply with these Terms, as updated and amended from time to time.

If you do not understand and accept these Terms in their entirety, you should not use the EarlyFun Platform.

RISK WARNING

The value of Digital Assets can fluctuate significantly and there is a material risk of economic loss when buying, selling, holding or investing in Digital Assets.

You should therefore consider whether trading or holding Digital Assets is suitable for you taking into account your personal circumstances, financial or otherwise.

Please ensure that you fully understand the risks involved before using the EarlyFun Platform and EarlyFun Services.

You acknowledge that we are not your broker, intermediary, agent or advisor and we have no fiduciary relationship or obligation to you in connection with any activities you undertake when using the EarlyFun Platform.

We don't and are not providing any investment or consulting advice and no communication or information that we provide to you is intended to be, or should be construed as, advice of any kind.

You are responsible for determining whether any investment, investment strategy or related transaction is appropriate for you in light of your personal investment objectives, financial circumstances and risk tolerance and you are responsible for any associated loss or liability.

We don't recommend that any Digital Asset should be bought, earned, sold or held by you. Before making the decision to buy, sell or hold any Digital Asset, you should conduct your own due diligence and consult your financial advisor.

We are not responsible for the decisions you make to buy, earn, sell or hold Digital Assets based on the information or services provided by us, including any losses you incur arising from those decisions.

1. Introduction

1.1. EarlyFun is a platform designed to assist with the creation and trading of Digital Assets. The EarlyFun group provides users with a platform to create Digital Assets.

1.2. By using the EarlyFun Platform you are entering into a legally binding agreement with us. These Terms will govern your use of the EarlyFun Platform.

1.3. You must read these Terms, together with the documents referenced in the Terms, carefully and let us know if you do not understand anything.

1.4. You acknowledge that you will be bound by, and agree that you will comply with, any relevant additional terms and conditions that apply to your use of the EarlyFun Platform.

2. Eligibility

2.1. To be eligible to use the EarlyFun Platform, you must:

  • a. be an individual, corporation, legal person, entity or other organisation with the full power, authority and capacity to (i) access and use the EarlyFun Platform; and (ii) enter into and comply with your obligations under these Terms;
  • b. if you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you must be duly authorised to act on behalf of and bind such legal entity for the purposes of entering into these Terms;
  • c. not be located, incorporated, otherwise established in, or resident of, or have business operations in:
    • i. a jurisdiction where it would be illegal under Applicable Law for you access or use the EarlyFun Platform, or cause us or any third party to contravene any Applicable Law; or
    • ii. a country listed in our List of Prohibited Countries.

2.2. We may amend our eligibility criteria at any time at our sole discretion. Where possible, we will give you notice in advance of the change. However, we may occasionally need to make changes without telling you in advance. This may include where:

  • a. we are making the change as a result of legal and/or regulatory changes;
  • b. the changes being made are in your interest; and/or
  • c. there is any other valid reason which means there is no time to give you notice.

Where we are unable to give you advance notice, we will let you know of the change as soon as possible after it is made.

3. EarlyFun Platform

3.1. Usage of the EarlyFun Platform is provided at our absolute discretion. We reserve the right to refuse any usage of the EarlyFun Platform without reason or restrict your access to the EarlyFun Platform at any time.

3.2. You must not post, upload or publish to the EarlyFun Platform any abusive, defamatory, dishonest, or obscene message or any messages intended to manipulate a market or to spread false or misleading information or messages that are otherwise in contravention of Applicable Laws, and doing so may result in termination of or restrictions on the availability of the EarlyFun Platform to you.

3.3. You must not post, upload or publish to any platform or media any abusive, defamatory, dishonest, or obscene message or any messages intended to manipulate a market or to spread false or misleading information or messages that are otherwise in contravention of Applicable Laws in respect of Digital Assets created on the EarlyFun Platform, and doing so may result in termination of or restrictions on the availability of the EarlyFun Platform to you.

4. Fees and Calculations

4.1. You agree to pay all applicable fees in connection with your use of the EarlyFun Platform as requested during your use on the EarlyFun Platform.

4.2. You authorise us to deduct all applicable fees, commissions, interest, charges and other sums that you owe from the Wallet that you connect to the EarlyFun Platform under these Terms.

4.3. Amending our fees. We may adjust our fees from time to time in accordance with Clause 10.4 of these Terms.

4.4. Calculations: Any calculations made by the EarlyFun in connection with your use of the EarlyFun Platform are final and binding on you in the absence of Manifest Error.

5. Records

We keep your personal data to enable your continued use of the EarlyFun Platform, and as may be required by law such as for tax and accounting purposes, compliance with anti-money laundering laws.

6. Transactions

6.1. You acknowledge and agree that where you execute any Transaction with Improper Intent and/or in the case of Manifest Error, EarlyFun is authorised by you (without any payment or penalty or liability due by EarlyFun and provided that such action is in compliance with Applicable Law) to cancel/void such Transaction (to the extent possible), take such actions as EarlyFun may reasonably deem fit and treat such Transaction as if they had never been entered into.

6.2. We may be required under these Terms or Applicable Law to share information about your activities on the EarlyFun Platform with third parties and within the EarlyFun Group. You acknowledge and agree that we are entitled to disclose such information.

7. Submission of Instructions

7.1. You must ensure that any Instruction submitted is complete and accurate. We are not required to verify the accuracy, authenticity or validity of any Instruction and will not monitor or reject Instructions on the basis that they are, or appear to be, duplicates.

However, if we are in doubt as to the accuracy, authenticity or validity of an Instruction, we may refuse to act upon or defer acting upon any Instruction, or seek further information with respect to the Instruction.

7.2. By submitting an Instruction you are authorising us to initiate the Transaction.

We are therefore authorised to credit or debit (or provide information to third parties for the purposes of the third party crediting or debiting) your Digital Assets from your Wallet in accordance with your Instruction.

If you have insufficient Digital Assets in your Wallet to effect the Transaction (i.e. less than the required amount to settle the Transaction and to pay all the fees associated with the Transaction), then we have the right to refuse to effect any Transaction.

EarlyFun may also refuse to act on instructions to the extent permitted by these Terms. It is your responsibility to hold sufficient Digital Assets in your Wallet.

8. Transactions

8.1. We do not represent or warrant that any actions by you on the Early Fun Platform will be completed successfully or within a specific time period.

8.2. You agree to permit us (but agree to not require us) to keep a record of all Transaction information as long as it is required to fulfil their intended purposes, or such other period as prescribed by Applicable Law.

11. Transaction limits

Your activity on the EarlyFun Platform may be subject to limits that EarlyFun shall determine from time to time at its sole discretion.

9. Security

9.1. You are responsible for taking appropriate action to protect your hardware and data from viruses and malicious software, and any inappropriate material.

Except as provided by Applicable Law, you are responsible for backing up and maintaining duplicate copies of any information you store or transfer through the EarlyFun Platform. We are not responsible for any claim or losses resulting from your failure to comply with this clause.

9.2. At all times, you and any Permitted Users shall maintain adequate security and control of all of the information used to access the EarlyFun Platform. You are responsible for taking the necessary security measures to protect such details, including by:

  • a. strictly abiding by all of our mechanisms or procedures;
  • b. never allowing remote access or sharing your computer and/or computer screen with someone else when you are logged into the EarlyFun Platform;
  • c. remembering that under no circumstances will we ask you to share any of your passwords or 2-factor authentication codes or similar.

9.3. You must keep the information used to access the EarlyFun Platform secure against any attacks and unauthorised access.

9.4. It is important that you monitor your Activity History to ensure any unauthorised or suspicious activity on your account is identified and notified to us as soon as possible.

You acknowledge that any Security Breach may result in unauthorised access to your account by third parties and the loss or theft of any Digital Assets and/or funds from your Wallet and any associated Wallets or accounts.

9.5. If you suspect a Security Breach, you must ensure that:

  • a. we are notified immediately and continue to be provided with accurate and up to date information throughout the duration of the Security Breach;
  • b. you take any other steps that we may reasonably require to reduce, manage or report any Security Breach.

9.6. We reserve the right to request, and you agree to promptly provide, any and all information and documents we deem relevant or necessary in connection with an actual or suspected Security Breach.

You further acknowledge and agree that we may provide such information to any third party that we deem necessary in order to investigate or resolve any Security Breach.

10. Amending the Terms

10.1. We can make changes to these Terms and any terms and conditions incorporated by reference at any time and your continued use of the EarlyFun Platform constitutes your consent to such changes.

Changes to these Terms will be published on our website and may also be notified to users by such other means as EarlyFun determines at its sole discretion.

10.2. Generally, we will try to notify users prior to changes to these Terms taking effect. However, we may occasionally need to make changes that are effective immediately, in which case users will be notified as soon as possible after the changes take effect.

The circumstances in which changes to these Terms may take effect immediately may include, for example and without limitation, where:

  • a. the change is to address legal and/or regulatory requirements;
  • b. the changes are made to clarify the Terms.

10.3. If you do not wish to accept the changes, please cease to use the EarlyFun Platform. In absence of your ceasing to use the EarlyFun Platform, your continued access to or use of the EarlyFun Platform shall be deemed acceptance of the updated Terms.

10.4. We may also make changes to the fees charged from time to time, which may include introducing new fees and/or charges. If you do not wish to accept the changes, please cease to use the EarlyFun Platform.

In absence of such cessation, your continued access to or use of the EarlyFun Platform shall be deemed acceptance of the updated Terms.

11. Termination, suspensions, restrictions

11.1. We may at any time modify or discontinue, temporarily or permanently, any portion or feature of the EarlyFun Platform.

In particular, we may: (i) refuse to complete or block, cancel, or, where permitted by Applicable Law, reverse (the extent possible) any action you have undertaken; (ii) terminate, suspend, or restrict your access to any or all of the EarlyFun Platform; (iii) refuse to transmit information or instructions to third parties (including but not limited to third-party Wallet operators); and/or (iv) take whatever action we consider necessary, in each case with immediate effect and for any reason including, but not limited to where:

  • a. you are not, or are no longer, eligible to use the EarlyFun Platform;
  • b. we reasonably suspect that:
    • i. the person connecting to the EarlyFun Platform with your Wallet is not you, or we suspect that you have been or will be using the EarlyFun Platform for any illegal, fraudulent, or unauthorised purposes;
    • ii. information provided by you is wrong, untruthful, outdated, or incomplete;
  • c. we have reasonable concerns in relation to your creditworthiness or financial status;
  • d. we reasonably consider that we are required to do so by Applicable Law, or any court or authority to which we are subject in any jurisdiction;
  • e. we have determined or suspect:
    • i. that you have breached these Terms;
    • ii. that any activity is unauthorised, erroneous, fraudulent, or unlawful or we have determined or suspect that the EarlyFun Platform or your Wallet are being used in a fraudulent, unauthorised, or unlawful manner;
    • iii. there is any occurrence of money laundering, terrorist financing, fraud or any other crime in connection with your usage of the EarlyFun Platform;
  • f. the use of the EarlyFun Platform is subject to any pending, ongoing or threatened litigation, investigation, or judicial, governmental or regulatory proceedings and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your usage of the EarlyFun Platform;
  • g. you owe amounts to us that are not satisfied, whether due to a chargeback or on any other basis;
  • h. you have taken any action that may circumvent our controls without our written consent; or
  • i. there is any other valid reason which means we need to do so.

We will take reasonable steps to provide you with appropriate notice.

11.2. Where we terminate, suspend, hold or restrict your access to the EarlyFun Platform:

  • a. if you have Instructions or Transactions that are open, they may be closed by you, or by us, depending on the circumstances of the termination, suspension, hold, restriction or other action we take;
  • b. you authorise and grant us the right to deduct costs and fees directly from any assets in the Wallet that you connected to the EarlyFun Platform.

11.3. If we are informed and reasonably believe that any Digital Assets in your Wallet are stolen or otherwise are not lawfully possessed by you (whether by error or otherwise), we may, but have no obligation to terminate your usage of the EarlyFun Platform.

We will not become involved in any dispute, or the resolution of the dispute, relating to (i) any Digital Assets you have in your Wallet or may have used with regard to the EarlyFun Platform; or (ii) the Digital Assets on the EarlyFun Platform that may have been created, bought or sold using such Digital Assets.

12. EarlyFun IP

All EarlyFun IP shall remain vested in EarlyFun or a EarlyFun Affiliate.

13. Licence of EarlyFun IP

We grant to you a non-exclusive licence for the duration of these Terms, or until we suspend or terminate your usage of the EarlyFun Platform, whichever is sooner, to use the EarlyFun IP, excluding the Trade Marks, solely as necessary to allow you to access and use the EarlyFun Platform for non-commercial personal use, in accordance with these Terms.

14. Licence of User IP

14.1. You grant to us a perpetual, irrevocable, royalty-free, worldwide and non-exclusive licence to use the User IP to the extent it:

  • a. forms part of, or is necessary for the use of, any Created IP; and
  • b. is necessary to allow us to provide you with access to the EarlyFun Platform, from time to time.

14.2. The licence granted by you under this clause includes our right to sub-licence to a third party to the extent required to enable us and any EarlyFun Affiliates to provide you with the services on the EarlyFun Platform, or any part of them.

15. Created IP

15.1. The Created IP shall automatically vest in us from time to time on the date on which it is created.

15.2. You hereby assign to us (and agree to procure that any agents, representatives or contractors assign), with full title guarantee, title to all present and future rights and interest in the Created IP.

15.3. If requested to do so, you shall (and agree to procure that any agents, representatives or contractors shall), without charge to us, sign and/or execute all documents and do all such acts as we may require to perfect the assignments under this clause.

16. General

16.1. You agree and acknowledge that: (i) we are not responsible for any User Material (whether provided by you or by third parties) which may be used on, uploaded to or made available on the EarlyFun Platform; and (ii) use of any such User Material is at your own risk and that we do not provide any warranties in relation to the same.

16.2. We shall have the right at our sole and absolute discretion to remove, modify or reject any content that you submit to, post, use or display on the Platform (including any User Material) for any reason.

We reserve the right to take any actions as we deem appropriate at our sole discretion, including giving a written warning to you, removing any User Material, recovering damages or other monetary compensation from you, suspending or terminating your access to the EarlyFun Platform.

We shall also have the right to restrict or ban you from any and all future use of the EarlyFun Platform.

16.3. You agree that we may record any communications, electronic, by telephone, over video call, chat, VOIP or otherwise, that we have with you in relation to these Terms, and that any such record that we keep will constitute evidence of the communications between you and us.

You agree that telephone conversations and video calls may be recorded so that we can respond to inquiries, ensure compliance with applicable laws, improve our services and provide customer support.

17. Prohibited use

17.1. By using the EarlyFun Platform or carrying out any Transaction, and without prejudice to any other restriction or limitation set out in these terms, you agree that you will not:

  • a. breach these Terms or any agreement entered into pursuant to, or in connection with, these Terms;
  • b. use the EarlyFun Platform in a manner that violates our Prohibited Use Policy;
  • c. use EarlyFun Platform for commercial purposes, including transactions on behalf of other persons or entities, unless expressly agreed by us in writing;
  • d. use the EarlyFun Platform for anything which, in EarlyFun's sole opinion, is conduct designed to control or artificially affect the price of any Digital Asset (market manipulation) including, without limitation, EarlyFun and dump schemes, wash;
  • e. engage in fraudulent activities, or cause us to suspect that you have engaged in fraudulent activities or Transactions;
  • f. undertake any activities or use the EarlyFun Platform in a manner that results in, or may result in, complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties, or other liability to us, other users, third parties, or yourself;
  • g. provide false, inaccurate or misleading information in connection with your use of the EarlyFun Platform, in communications with us, or otherwise connected with these Terms;
  • h. modify or adapt the whole or any part of the EarlyFun Platform or combine or incorporate the Platform into another programme or application;
  • i. disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code, object code underlying concepts, ideas and algorithms of the Platform or any components thereof;
  • j. facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or information in connection with the EarlyFun Platform;
  • k. (i) use an anonymizing proxy; (ii) use any device, software, or routine to interfere or attempt to interfere with our Sites; and (iii) take any action that may cause us to lose any of the services from our internet service providers, or other suppliers;
  • l. violate, or attempt to violate, (i) any Applicable Law; or (ii) our or any third party's copyright, patent, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy.

18. Technology disclaimers

18.1. The EarlyFun Platform is provided on an "as is" and "as available" basis without any representation or warranty, whether express or implied, to the maximum extent permitted by Applicable Law.

Specifically, we disclaim any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement.

We don't make any representations or warranties that access to the EarlyFun Platform or any of the materials contained therein, will be continuous, uninterrupted, timely or error-free.

This could result in the inability to trade on the EarlyFun Platform for a period of time and may also lead to time delays.

18.2. We may, from time to time, suspend access to the EarlyFun Platform, for both scheduled and emergency maintenance.

We will make reasonable efforts to ensure that Transactions on the EarlyFun Platform are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete processing, which is dependent upon many factors outside of our control.

18.3. Although we make reasonable efforts to update the information on the Sites and the EarlyFun Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on EarlyFun Platform, is accurate, complete or up to date.

18.4. Links to third-party websites (including, without limitation, content, materials, and/or information in the third-party websites) may be provided as a convenience but they are not controlled by us.

You agree that we are not responsible for any aspect of the content, materials, information or services contained in any third-party websites accessible or linked from the EarlyFun Platform.

19. Dispute Resolution

Please contact EarlyFun first if you have any concerns with the Services. We would like to address your concerns without resorting to formal legal proceedings, if possible. We will attempt to resolve the dispute internally as soon as possible.

The parties agree to negotiate in good faith for a period of one month to resolve the dispute (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding).

20. Class Action Waiver

You and EarlyFun agree that any Claims shall be brought against EarlyFun in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action.

You further agree to waive any right for such Claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law.

Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of EarlyFun.

21. Contact

21.1. If you have questions, feedback or complaints you can contact us via our Support team through https://t.me/earlyfunsupport

21.2. We will contact you using the details you provide to us or that we may reasonably find, such as via directly messaging you on X (formerly known as Twitter).

The link on the early.fun homepage. However, EarlyFun retains the ultimate discretion to determine whether content violates this policy.