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Terms of Service

Last Updated: 21/08/2025

THE SECTION OF THESE TERMS OF SERVICE ENTITLED “GOVERNING LAW AND DISPUTE RESOLUTION” CONTAINS AN ARBITRATION CLAUSE THAT REQUIRES DISPUTES TO BE ARBITRATED ON AN INDIVIDUAL BASIS AND PROHIBITS CLASS ACTION CLAIMS. IT AFFECTS HOW DISPUTES BETWEEN YOU AND SENDIT (AS DEFINED BELOW) ARE RESOLVED. BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.

SECTIONS 7 AND 8 CONTAIN BROAD AND STRICT LIMITATIONS OF LIABILITY THAT LIMIT OUR LIABILITY AND INDEMNIFICATION OBLIGATIONS THAT REQUIRE YOU TO INDEMNIFY US IN CERTAIN CIRCUMSTANCES. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY SUCH LIMITATIONS OF LIABILITY AND INDEMNIFICATION OBLIGATIONS.

BY USING THE PLATFORM (AS DEFINED BELOW) YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU MAY LOSE ALL OF YOUR DIGITAL ASSETS TRANSACT WITH ON THE PLATFORM. YOU ACKNOWLEDGE AND AGREE THAT, WITHOUT LIMITATION AND TO THE MAXIMUM EXTENT PROVIDED BY APPLICABLE LAW, SENDIT SHALL NOT BE LIABLE FOR (I) YOUR LOSS OR DEVALUATION OF DIGITAL ASSETS, AND / OR (II) ANY CLAIM RELATED THERETO.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN MANY LIMITATIONS, PARAMETERS AND RULES REGARDING YOUR USE THE SERVICES (AS DEFINED BELOW) (COLLECTIVELY, “RULES”), AND SUCH RULES ARE DISPERSED THROUGHOUT THESE TERMS AND NOT CONSOLIDATED INTO ANY SINGLE SECTION.

WE ARE not obligated to ensure the safe return of your DIGITAL Assets (AS DEFINED BELOW) USED WHEN INTERACTING WITH THE PLATFORM OR PROTOCOL, and you acknowledge and agree that WE shall not be liable for any delay in your ability to redeem Your DIGITAL ASSET and / OR retrieve your Deposited Assets. YOUR ABILITY TO RETRIEVE YOUR DEPOSITED ASSETS DEPENDS ON A NUMBER OF FACTORS, INCLUDING, BUT NOT LIMITED TO, market volatility, and / or the rules and parameters of any underlying third-party services, the Vaults, THE PROTOCOL and / or any blockchain-based systems.

Please read these Terms of Service (the “Terms”) and our Privacy Policy (https://sendit.fun/privacy) (the “Privacy Policy”) carefully because they govern your use of the Sendit platform, including, but not limited to, (i) the underlying set of smart contracts that enable the features of the Sendit platform (the “Protocol”) and (ii) the website located at https://sendit.fun and any associated mobile or web based applications (the “Front End,” together with the Protocol, the “Platform”) offered by Apollo Solution IBC, an entity formed pursuant to the laws of the Republic of Panama (“we,” “us,” or “Sendit”). To make these Terms easier to read, the Platform and our services offered thereon are collectively called the “Services.”

1. Agreement to Terms.

By accessing or using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. These Terms hereby are hereby incorporated by this reference any additional terms and conditions with respect to the Services posted by Sendit to the Platform or otherwise made available to you by Sendit, including, but not limited to, the additional terms included on Annex A (the “Boilerplate Terms”) and Annex B (the “Risks”) at the bottom of these Terms. If you are an individual accessing or using the Services on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (“Organization”), then you agree to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. References to “you” and “your” in these Terms will refer to both the individual using the Services and to any such Organization. To the extent the terms contained in the primary body of these Terms conflicts with the Terms contained in the Boilerplate Terms, the terms contained in the primary body of these Terms shall govern.

2. Definitions.

  1. “Digital Asset” means any fungible tokens, coins, crypto assets, digital assets or any other assets created, issued, or built on or in connection with any blockchain, cryptographic or other distributed ledger technology.
  2. “Sendit Parties” means Sendit and all our past, present and future partners, parents, subsidiaries, affiliates and joint venturers, as well as all of our respective past, present and future its officers, directors, agents, representatives, attorneys, predecessors, successors and assigns, whether acting in the course and scope of employment, and all persons acting by, through, under, or in concert with any of them.
  3. “User” any individual or entity with a created account that is engaging with the Platform or receiving Services.
  4. “Wallet” means a software application, device, or other mechanism used to store, send, receive, or manage private keys and corresponding public keys associated with Digital Assets. A Digital Asset Wallet may be custodial or non-custodial and may reside on hardware, software, or cloud-based platforms, and is used to facilitate the ownership and transfer of Digital Assets on one or more blockchain networks.

3. Overview of the Platform and the Services.

We provide a front-end user interface that allows you to, among other things, connect to and interact with the Protocol.

The Protocol is a decentralized money market that allows Users to create lending markets for various Digital Assets (each a “Lending Market”). Each Lending Market will be a two-sided market comprised of a Digital Asset supported by the Protocol (the “Collateral Tokens”) and SOL tokens (“SOL”). On one side of each Lending Market, a User (the “Borrower”) may deposit Collateral Tokens as collateral, and, on the other side, a User (the “Lender”) may supply Solana (“SOL”). Borrowers must maintain a loan-to-value ratio (an “LTV Ratio”) within predefined thresholds set forth in the Protocol. Further, if such ratio exceeds safe limits, as determined by us or the rules of the Protocol, such positions (i.e., the Borrower’s Collateral Tokens) may be liquidated pursuant to the rules and procedures of the Protocol. In addition to the Protocol, the Platform enables margin trading through various decentralized exchanges and liquidity vaults as further described below.

a. Lending Markets.

  1. Each Lending Market contains considerable risk, and you acknowledge and agree that you accept all such risks, including, but not limited to the Risks. Sendit shall not be liable, to the maximum extent permitted by applicable law, for any and all actions, causes of action, suits, proceedings, arbitrations, complaints, charges, liabilities, obligations, demands, damages, losses, fines, penalties, costs, expenses (including reasonable attorneys’ fees), judgments, settlements, or claims of any kind or nature whatsoever, whether in law, equity, contract, tort, statute, or otherwise, whether known or unknown, suspected or unsuspected, fixed or contingent, asserted or unasserted, that are or could be made by or on behalf of any person or entity (collectively, “Claims”) related to or arising out of any hack, vulnerability, exploit, or Sendit’s failure to secure the Platform, the Platform’s technical failure, and / or any other Claim arising out of or related to your use of the Lending Markets.
  2. Due to any number of reasons, including, but not limited to, market volatility, hacks, exploits, or your failure to maintain applicable LTV Ratio, your Collateral Tokens may be liquidated and / or you may lose access to your Collateral Tokens. Notably, a liquidation of your Collateral Tokens may be initiated at any time by any network participant who provide proof of your failure to maintain an LTV Ration, the sufficiency of which shall be determined by the rules of the Protocol; provided, however, Sendit reserves the right to change any rules regarding liquidation at any time in its sole discretion. The Protocol shall conduct such liquidation, provided, however, Sendit reserves the right to conduct such liquidations and / or assign such right to any other third-party.

b. DEX Trading.

The Platform enables you to also connect to various decentralized exchanges (each, a “DEX”) and trade your borrowed SOL. Users using this feature acknowledge and agree:

  1. Sendit is not the DEX owner or operator, and User’s use of this feature may be subject to additional terms and conditions of such DEX and the rules of such DEX’s protocol.
  2. Sendit does not custody your borrowed SOL and is never in control of it at any time. Your use of this feature is solely in your discretion, and Sendit does not make any decisions with respect to how you decide to trade your SOL.
  3. Sendit shall not be liable, to the maximum extent permitted by applicable law, for any and all Claims related to or arising out of any hack, vulnerability, exploit, or related to your use of the DEX trading feature.

c. Liquidity Vaults.

Sendit provides several liquidity vaults (each, a “Vault”), which allows you to deposit the SOL borrowed from the Protocol into the Vaults in order to earn rewards (“Vault Rewards”). You acknowledge and agree that:

  1. Sendit may rebalance funds across the Lending Markets to optimize Vault Rewards in its sole discretion.
  2. Vaults are powered by smart contracts on public blockchain networks. These are autonomous systems that execute logic automatically - not things Sendit can pause or reverse. Like all smart contracts, they can contain bugs or be exploited. Sendit makes no guarantees about how they work or whether such smart contracts always perform as expected.
  3. To retrieve the Digital Assets you deposit in the Vaults (the “Deposited Assets”), there must be enough Digital Assets available in such Vault, which depends on a variety of different factors, including, without limitation, the rules and procedures of the Vault, which may be determined and / or changed at any time in Sendit’s sole discretion, smart contract state, and how much has been earned or withdrawn already. Sendit doesn’t promise your Deposited Assets and / or Vault Rewards will always be immediately redeemable, or that you’ll get exactly what you expect. Sendit shall not be liable if you are not able to or are delayed from withdrawing your Deposited Assets and / or Vault Rewards.
  4. Vaults may generate Vault Rewards, or they may not. Sometimes a Vault might even result in your Deposited Assets losing value depending on what happens with the Vault protocol. Sendit does not guarantee that any Vault will provide any Vault Rewards. Sendit shall not be liable, to the maximum extent permitted by applicable law, for any and all Claims related to or arising out of any hack, vulnerability, exploit, or related to your use of any Vaults.
  5. A Vault may lose value and / or Digital Assets at any time if a position in an underlying Lending Market cannot be successfully liquidated. In such event, all losses shall be socialized amongst all Vault depositors.

d. Native Token Loops.

Users can deposit Collateral Tokens to a Lending Market, borrow SOL, and automatically re-supply the borrowed SOL to the Lending Market. Whereas Sending may automate your ability to engage in this looping strategy, you are at all times responsible for monitoring your positions. Sendit shall not be liable, to the maximum extent permitted by applicable law, for any and all Claims related to your use of the Platform to engage in such looping strategy, including, but not limited to, any Claims related to or arising out of any hack, vulnerability, exploit, or Sendit’s failure to secure the Platform, and / or the Platform’s technical failure.

e. Referral Program.

Sendit may offer a referral program, where Users can earn certain rewards when they refer other individuals to the platform. We do this at our sole discretion and reserve the right to change this program, remove individuals from this program, or refrain any payment of any rewards related to this referral program.

f. Front End and Protocol.

  1. The Protocol is a set of self-executing smart contracts. We do not control the Protocol, provided, however, we reserve the right to update the Protocol in our sole discretion.
  2. The Front End provides a web or mobile-based means of accessing the Protocol. The Front End is distinct from the Protocol and is one, but not the exclusive, means of accessing the Protocol. You can directly access the Protocol yourself, or you can access the Protocol through any third-party developed and operated user interface (if any) (a “Third-Party Front End”). If you use a Third-Party Front End, you will be subject to the terms and conditions associated therewith, and Sendit shall not be responsible or liable for any Claims arising out of or in connection with your use of such Third-Party Front End.
  3. Sendit Doesn’t Custody Funds. You always control your Wallet. Sendit never holds your Digital Assets, nor does Sendit ever take control over the same. When interacting with the Platform, whether that be the Front End or the Protocol, your Digital Assets transfer directly from your Wallet into the Protocol. You’re responsible for signing transactions, verifying what they do, and making sure they go to the right contract address, and you agree that Sendit will not be liable for any issues arising in connection with your transfer of Digital Assets on the Platform, including but not limited to, sending Digital Assets to the wrong Wallet and / or smart contract.

4. Eligibility.

You may use the Services only if you, and you represent and warrant that you (as applicable):

  1. Are at least the age of majority in your jurisdiction (e.g., 18 years old in the United States) and capable of forming a binding contract with Sendit;
  2. Do not reside in, are not located in, are not incorporated in, do not have a registered office or principal place of business, and do not use on behalf of anyone in any other Prohibited Jurisdiction. “Prohibited Jurisdiction” means Afghanistan, Albania, Andorra, Austria, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Burundi, Central African Republic, Chad, China (Xinjiang), Congo (DRC), Croatia, Cuba, Cyprus, Czech Republic (Czechia), Denmark, Donetsk, Eritrea, Estonia, Finland, France, Germany, Greece, Guinea‑Bissau, Hungary, Iceland, India, Iran, Iraq, Ireland, Italy, Kherson, Kosovo, Latvia, Lebanon, Libya, Liechtenstein, Lithuania, Luhansk, Luxembourg, Mali, Malta, Moldova, Monaco, Montenegro, Myanmar, Netherlands, Niger, North Korea, North Macedonia, Norway, Poland, Portugal, Romania, Russia, Russian occupied Ukraine Regions, San Marino, Serbia, Singapore, Slovakia, Slovenia, Somalia, South Sudan, Spain, Sudan, Sweden, Switzerland, Syria, Ukraine, United Kingdom, United States of America, Venezuela, Yemen, Zaporizhzhia, Zimbabwe;
  3. Are not the subject of sanctions administered or enforced by the United States (including without limitation the U.S. Department of the Treasury’s Office of Foreign Asset Control), the United Kingdom, the European Union or any other governmental authority (“Sanctions”) or (ii) organized or resident in a country or territory that is the subject of country-wide or territory-wide Sanctions;
  4. Do not, and will not, use VPN software or any other privacy or anonymization tools or techniques, or other means, to circumvent, or attempt to circumvent, any restrictions that apply;
  5. Understand the risks associated with using the Services, including, but not limited to, your assumption of all such risks detailed in the Risks;
  6. Will not falsify or materially omit any information or provide misleading or inaccurate information requested by Sendit in the course of, directly or indirectly relating to, or arising from your activities on or use of the Services, including, but not limited to, at registration or during administration or other due diligence processes, and that if any information provided to Sendit becomes incorrect or outdated, you will promptly provide corrected information to Sendit;
  7. Acknowledge and agree that any Wallet you use in connection with the Services is wholly controlled and owned by you and that Sendit does not have any right, title or interest to the Wallet, except as otherwise set forth herein;
  8. Will not use the Services in order to conceal or disguise the origin or nature of proceeds of crime or terrorist financing, or to further, any breach of applicable law, or to deal in any unlawful property, funds, or proceeds;
  9. Have not, nor have any of your affiliates, directly or indirectly offered, promised, given, or authorized any payment, or offered, promised, given, or authorized the giving of anything else of value, including, but not limited to, any cryptocurrency, to a government official or individual employed by another entity in the private sector in violation of any applicable law;
  10. Consent to any and all tax and information reporting under applicable law;
  11. Are not otherwise barred from using the Services under applicable law or using it in any manner that may violate applicable law; and
  12. Will accurately and promptly inform us if you know or have reason to know whether any of the foregoing representations or warranties no longer is correct or becomes incorrect.

Sendit may, in its sole discretion, utilize third-party screening and compliance service providers to identify and block access by individuals or entities subject to sanctions, including but not limited to those designated by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), the European Union, the United Nations, or any other applicable governmental authority. You acknowledge and agree that Sendit may deny, restrict, or terminate access to the Service if you are identified or suspected to be a sanctioned person, and that Sendit shall bear no liability for any losses, damages, or claims arising from such screening or denial of service.

5. Fees and Payments.

Your use of the Services may be subject to certain fees charged by Sendit (collectively, the “Fees”). These Fees are intended to cover the operational costs and continued development of the Platform. The types of Fees you may incur include, but are not limited to:

  1. Loan and Trading Fees: Fees for originating loans (Loan Origination Fee), interest on borrowed assets (Borrow APR), and fees for executing trades or swaps on the Platform, including fees for opening and closing margin positions.
  2. Liquidation Fees: Penalties charged when a user's position is liquidated. A portion of this penalty may be retained by the protocol as a Reserve Factor.
  3. Vault Fees: Fees related to the use of liquidity vaults, which may include performance fees on net earnings and fees for early withdrawals.
  4. Protocol Fees: Fees for creating new lending markets, and a protocol share (the "Reserve Factor") of the revenue generated from interest payments, liquidation penalties, and user-added rewards.

Sendit reserves the right to set and/or change the Fees at any time in its sole discretion. Your continued use of the Platform after any Fee change constitutes your acceptance of the new Fees. All Fees are non-refundable.

6. Disclaimers.

THE SERVICES AND PLATFORM ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services and Platform will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services or Platform. You acknowledge and agree that Sendit has no current business plan and makes no representation or commitment regarding the continuation, development, or future availability of the Services.

YOU ACKNOWLEDGE AND AGREE THAT SENDIT MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE POTENTIAL REWARDS, TIPS, AND / OR BENEFITS YOU MAY RECEIVE.

7. Release and Indemnification.

a. You Agree to Indemnify Us and Release Us from Liability.

You, on behalf of yourself and on behalf of your heirs, estate, executors, administrators, agents, beneficiaries, trustees, legal and other representatives, successors and assigns, hereby irrevocably and unconditionally agree to indemnify, defend, and hold harmless, and release and forever discharge, Sendit Parties from any and all Claims that relate to, arise out of, or otherwise involve:

  1. Your breach or violation of these Terms or any applicable law or regulation;
  2. Any damages incurred by another user in connection with their use of the Services attributable to your actions, inactions, negligence and / or willful misconduct;
  3. Your negligence and / or willful misconduct;
  4. Any representations or omissions made by you to us, any other users of the Platform and / or any third-party;
  5. Any action or inaction by you, or any person acting on your behalf, that results in (or is alleged to result in) a user of the Platform’s ability to withdraw Deposited Assets from the Protocol and / or any Vaults;
  6. Any misconduct, misrepresentation, negligence, fraud or violation of applicable law;
  7. any statements, assertions, engagement, promotion, or endorsement you make outside the Platform (e.g., on social media, in-person events, press releases, etc.) relating to Sendit and / or the Platform; or
  8. Any dispute between or among, as applicable, you and any other users of the Platform, including, but not limited to, any disputes between A BORROWER and LENDER arising from USE OF THE SERVICES OR PLATFORM.

b. Sendit Defense Rights.

Sendit reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are obligated to indemnify Sendit. You agree to cooperate fully with Sendit in asserting any available defenses and shall not settle any claim without Sendit’s prior written consent.

8. Limitation of Liability.

  1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER SENDIT PARTIES NOR THEIR RESPECTIVE SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND (WHETHER KNOWN OR UNKNOWN, ABSOLUTE OR CONTINGENT, LIQUIDATED OR UNLIQUIDATED, DIRECT OR INDIRECT, DUE OR TO BECOME DUE, ACCRUED OR NOT ACCRUED, ASSERTED OR UNASSERTED, OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SENDIT OR ITS SERVICE PROVIDERS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU UNDERSTAND AND AGREE THAT SENDIT WILL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY MARKET ACTOR OR THIRD PARTY (INCLUDING FINANCIAL INSTITUTIONS OF ANY KIND) OF THEIR OBLIGATIONS RELATIVE TO YOUR USE OF THE SERVICES.
  2. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL SENDIT’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE LESSER OF (I) ONE HUNDRED ($100) U.S. DOLLARS OR (II) THE AMOUNTS YOU ACTUALLY PAID TO SENDIT IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO SUCH CLAIM.
  3. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SENDIT AND YOU.

9. Governing Law.

These Terms and any action related thereto will be governed by the laws of the Republic of Panama, without regard to its conflict of laws provisions.

10. Binding Arbitration.

In the event of any dispute arising under or relating to these Terms, the parties shall first endeavor to resolve the dispute through good-faith negotiations. Either party may initiate arbitration under this Section 10 only if the dispute remains unresolved 60 calendar days after written notice of such dispute has been given and the negotiation efforts have failed. This negotiation requirement is without prejudice to either party’s right to seek urgent interim measures, including injunctive relief, pending arbitration. You and Sendit agree that any dispute, controversy, or claim arising out of or relating to this Agreement, including the breach, termination, interpretation, or validity thereof, shall be finally resolved by arbitration administered by the Centro de Conciliación y Arbitraje de Panamá in accordance with its Rules of Arbitration in effect at the time of commencement of the arbitration. The seat of arbitration shall be Panama City, Republic of Panama. The arbitration shall be conducted in English. The arbitral tribunal shall consist of one arbitrator. The award rendered by the arbitrator shall be final and binding on the parties, and judgment on the award may be entered in any court of competent jurisdiction.

11. Class Action Waiver.

YOU AND SENDIT AGREE THAT ANY CLAIMS SHALL BE BROUGHT INDIVIDUALLY AND NOT ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED BASIS. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING.

12. Venue for Judicial Proceedings.

In the event that the arbitration agreement is found not to apply to you or your claim, you agree that any judicial proceeding (other than small claims actions) shall be brought exclusively in the courts of Panama City, Republic of Panama. You agree to notify Sendit in writing of any such claim, dispute, or cause of action arising under or related to these Terms within 6 months after the event giving rise to the claim and agree to use reasonable efforts to resolve any such claim promptly. Notwithstanding the foregoing, nothing in this provision shall be construed as reducing or waiving any applicable statutory limitation periods under Panamanian law, the doctrines of prescription, or any mandatory legal rights of the User.

13. Opt-Out Option.

You may opt out of this arbitration agreement by sending written notice to legal@sendit.fun within thirty (30) days of your initial acceptance of these Terms of Service. Your notice must include your full name, address, and a clear statement that you wish to opt out of arbitration.

Annex A

Boilerplate Terms

1. Privacy Policy.

Please review our Privacy Policy, located at https://sendit.fun/privacy. Our Privacy Policy also governs your use of the Services and contains information on how we collect, use and share your information.

2. Feedback.

We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.

3. Network Fees.

During your use of the Services, you may be charged fees by applicable blockchain networks (collectively, the “Network Fees”). You, and not Sendit, are responsible for paying these Network Fees.

4. Taxes.

It is your responsibility to determine what, if any, taxes apply to your use of the Services, and to report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your use of the Services, or for collecting, reporting, or remitting any taxes arising from such use. We encourage you to speak with your personal tax advisor regarding the tax implications of your use of the Service.

5. Your Wallet and Accounts.

  1. In connection with using the Services, you may be required to connect a Wallet and / or create an account. Sendit does not know or have access to the private keys to the Wallets you connect to the Services. You are exclusively responsible for maintaining the confidentiality and security of your Wallets, accounts and devices you use to access the Services. You are also responsible for maintaining the security of your accounts and the Wallets you utilize in connection with the Services, including, but not limited to, keeping your account information up to date. You are solely responsible for ensuring that no unauthorized person has access to your account, Wallets, or any device that you utilize in connection with the Services. We are not liable for any loss or damage arising from your failure to protect your account or Wallets. You acknowledge and agree that the Wallet you connect to the Services is personal to you and any sharing of such Wallet with others will subject your account to cancellation without refund. You agree to notify us as soon as you become aware that another person has unauthorized access to your account.
  2. These Terms and the Services are not intended to, and do not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated.

6. Changes to these Terms or the Services.

We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Platform or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, then it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

7. Rights.

  1. By using the Platform, you grant us a worldwide, non-exclusive, irrevocable, sublicensable, royalty-free license to use, copy, modify, and display any content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you post on or through the Platform for our current and future business purposes, including to provide, promote, and improve the services. This includes any digital file, art, or other material linked to or associated with any Digital Assets that are displayed and / or otherwise used to interact on the Platform. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any material that you list, post, promote, or display on or through the Platform. You represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant us the license described above, and that the content does not violate any laws.
  2. If you comply with these Terms, Sendit grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to use the Services. Except as expressly permitted in these Terms, you may not (and may not allow a third party to): (i) copy, modify or create derivative works based on the Services; (ii) distribute, transfer, sublicense, lease, lend or rent the Services to any third party; (iii) reverse engineer, decompile or disassemble the Services (unless applicable law permits, despite this limitation); or (iv) make the functionality of the Services available to multiple users through any means. You may not (a) use the Services in any manner that could damage, disable, overburden, or impair the servers and other resources of the Platform and / or any applicable blockchain network, (b) interfere with any third party’s use of a Platform and / or any applicable blockchain network, or (c) to knowingly or intentionally cause any other user’s financial loss, emotional distress, or any other form of harm. You may not attempt to gain unauthorized access to any aspect of the Platform or to information for which you have not been granted access.
  3. Sendit and its licensors exclusively own all right, title and interest in and to the Services and its entire contents, features, and functionality, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other applicable laws. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. Sendit’s name and all related names, logos, product and service names, designs, and slogans (“Sendit Branding”) are trademarks of Sendit, its associates, or licensors (collectively, “Associates”). Except as otherwise set forth herein, you may not use any Sendit Branding without the prior written permission of Sendit. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

8. User Generated Content.

The Platform may contain comments, chat messages, social media posts, discussions, predictions, analysis, or other content generated by users (collectively, “User Content”). Users expressly acknowledge and agree that all User Content reflects solely the opinions of the users who posted such content. The Platform does not endorse, verify, or validate any User Content. No user of the Platform, regardless of their background, credentials, or status, is authorized to provide financial, investment, legal, or professional advice on behalf of the Platform. Users must understand that participating in or relying upon any User Content is done at their own risk.

9. General Prohibitions and Sendit’s Enforcement Rights.

In addition to any other prohibitions set forth in these Terms, you agree not to do, and not to allow a third party to do, any of the following:

  1. Use, or allow a third party to use, the Services in a manner that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, logos, domains or domain names, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
  2. Exploits the Services for any unauthorized commercial purpose, including but not limited to, resale, sublicensing, offering the Services to third parties, aggregating the Services, or using the Services to operate a service bureau or similar without our express written consent;
  3. Interfering with or circumventing security features, access restrictions, usage limits, geofencing measures, or other technical limitations of the Services or any third party’s systems, networks, or resources used in connection with the Services, including without limitation, (i) attempting to probe, scan or test the vulnerability of any system or network or breach any security or authentication measures, (ii) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Sendit or any of Sendit’s providers or any other third party (including another user) to protect the Services, (iii) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services, or (iv) interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
  4. Harvesting, scraping, mining, or otherwise collecting data or information from the Services or any communications from us without authorization, including through automated means such as bots, spiders, or crawlers;
  5. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  6. Collect, store, or process any personally identifiable information or personal data from the Services from other users of the Services without their express permission;
  7. Falsely imply that Sendit guarantees, endorses, or backs your perks or offers, or attempt to promote the Platform as an investment, profit opportunity, or any form of securities offering.
  8. Encourage or enable any other individual to do any of the foregoing.

Sendit is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so and remove or disable anything on the Platform for any reason at our sole discretion. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

10. Third-Party Services.

We may (i) contract with third-parties, including those providing Wallets, Vaults, decentralized exchanges and other services related to the Services, (ii) refer you to such third-parties and (iii) provide links to third-party websites (or other online properties that are not owned or controlled by Sendit) or services that are not under the control of Sendit (collectively, “Third-Party Services”). In addition to these Terms, you may be bound by any additional terms required by providers of Third-Party Services. Sendit makes no representations about and accept no liability for, any Third-Party Services. Sendit is not responsible for the reliability of any Third-Party Services, the services offered thereby, or for their privacy and security policies and procedures. You acknowledge and agree that Sendit has no liability whatsoever with respect to any Third-Party Services.

11. Termination.

We may suspend or terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any disclaimers, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

12. Use of the Services in Your Jurisdiction.

Sendit makes no representations or warranties that use of the Services is appropriate for use in any jurisdictions. You use the Services at your own risk and are responsible for compliance with applicable laws. The Platform is intended for global access, except in jurisdictions that are subject to sanctions by the United States or other applicable regulatory authorities. You may not access or use the Platform if you are located in, or a citizen or resident of, any jurisdiction where such access would be unlawful or require registration.

13. General Terms.

  1. These Terms constitute the entire and exclusive understanding and agreement between Sendit and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Sendit and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Sendit’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Sendit may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
  2. Notices or other communications provided by Sendit under these Terms will be given (i) via email, or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
  3. Sendit’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Sendit. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
  4. You acknowledge and agree that in entering into these Terms and using the Services you have not relied and are not relying on any representations, warranties or other statements whatsoever, whether written or oral (from or by us or any person acting on our behalf) other than those expressly set out in these Terms (or other related documents explicitly referred to herein) and that you do not have any right or remedy rising out of any representation, warranty or other statement not expressly set out in these Terms.

14. Contact Information.

If you have any questions about these Terms or the Services, please contact Sendit at legal@sendit.fun.

Annex B

Risks

By using the Services, you acknowledge, understand, and agree that engaging in transactions involving Digital Assets carries significant risks. You confirm that you have read, understood, and accepted the below risks. You understand that this Annex does not represent a complete list of all potential risks associated with Digital Asset transactions or the Services and that you should conduct your own due diligence and seek independent advice if necessary. You agree that you assume full responsibility for all risks related to your use of the Services, including, but not limited to those set forth below, and that Sendit Parties are not liable for any loss or damage arising therefrom.

1. Market Risk.

The value of Digital Assets can be extremely volatile. Prices can fluctuate significantly in a short period due to factors including but not limited to speculation, adoption, technology, regulation, or market sentiment. You may lose the entire value of your assets and / or you may not be able to regain access to your Digital Assets in time to take advantage of any financial opportunities. Further, the Services and the Platform may contain inherent risks such as rapid collateral liquidation, underperformance of Vaults due to fees exceeding yield, negative yield spreads in lending markets, or socialized losses in the event of unresolved defaults in underlying markets.

2. Regulatory Risk.

Digital Assets may be subject to regulatory scrutiny or legal changes in one or more jurisdictions. Laws and regulations can change rapidly and may impact the legality, tax treatment, or use of Digital Assets. You are responsible for complying with all applicable laws.

3. Custodial and Wallet Risk.

You are solely responsible for maintaining the security of your private keys, wallet credentials, and account information. Loss of access to your wallet (e.g., due to loss of keys or credentials) may result in the permanent loss of your assets.

4. Technology and Security Risk.

Transactions on the Platform may be affected by system failures, software bugs, vulnerabilities, cyberattacks, or other technological issues. Smart contracts and blockchain protocols may contain undetected flaws or be exploited by malicious actors.

5. Network Risk.

Digital Asset transactions depend on blockchain networks that are decentralized and outside of Sendit’s control. Delays, forks, congestion, or failures in these networks may result in transaction failures, loss of funds, or execution at unfavorable prices.

6. Liquidity Risk.

Some Digital Assets may have limited liquidity, making it difficult or impossible to buy, sell, or convert them at desired times or prices. You may be unable to exit a position or realize value.

7. Counterparty Risk.

When engaging with third-party protocols, liquidity pools, decentralized finance platforms or service providers through the Services, you bear the risk that such counterparties may fail to perform, become insolvent, or act fraudulently.

8. Tax Risk.

The tax treatment of Digital Assets is uncertain and may vary by jurisdiction. You are solely responsible for determining and fulfilling any tax obligations arising from your use of the Services and any Digital Asset transactions.

9. Risk of Total Loss.

You acknowledge that using the Services may result in the loss of some or all of your Digital Assets, including through market movements, operational errors, protocol failures, or user mistakes. You accept full responsibility for such outcomes.

10. Blockchain Risk.

Interacting directly or indirectly with blockchains and blockchain-based smart contracts. These technologies, especially Digital Assets, are inherently volatile and blockchain-based systems may experience errors, bugs, cyberattacks, smart -contract vulnerabilities, forks, attacks, downtime, or failures; potentially leading to a total loss of your Digital Assets or funds.

  1. The immutability of Digital Asset transfers. Digital Asset transfers are permanent and immutable. Once confirmed, transactions (including programmed data associated with a Digital Asset transfer) cannot be undone by you, or us. Double-check before finalizing any transaction.
  2. Loss of Wallet access, through any means including lost private keys, forgotten passwords, or hardware failure, results in permanent loss of all associated assets.
  3. Blockchain networks may be subject to “forks,” including but not limited to hard forks, soft forks, chain splits, or other technical changes that may result in the creation of one or more new digital assets. Sendit shall have no obligation to recognize, support, or provide access to any assets, networks, or protocols resulting from a fork. You further acknowledge that Sendit shall bear no liability for any losses, damages, or claims arising from or related to any fork, including the failure to support, transfer, or enable trading of any resulting assets.
  4. All technical risks, including, but not limited to, failure of the Platform and / or any third-party software used in connection with the Platform or linked to through the Platform and smart contract failures or vulnerabilities that may result in immediate and total loss of all Digital Assets.