Terms of Service

Fresh Dots, Inc., a company organized under the laws of the State of Delaware (“Fresh Dots,” “Racer.fun,” “we,” “us,” “our”), owns and operates Racer.fun, including the website located at https://racer.fun and all related services, smart contracts, and applications (collectively, the “Services”).

1. Acceptance of Terms

By accessing or using the Racer.fun service (the “Service”), you agree to be bound by these Terms of Service. If you do not agree to these terms, you may not use the service.

2. Description of Service

Racer.fun is a gaming and entertainment platform that combines racing games with a coin launchpad. Users can compete in races featuring memecoins on the Solana blockchain, create and launch SPL tokens, and earn Fuel Points through gameplay. This service is provided for entertainment and social engagement purposes only, and is not intended for investment purposes.

The platform includes racing games, token creation tools, and an in-game economy with Fuel Points that can be earned through participation and spent on cosmetic upgrades. Fuel Points have no monetary value and cannot be exchanged for cash or cryptocurrency.

3. No Expectation of Profit / Not an Investment

Purely for Gameplay and Entertainment: All tokens created, distributed, or used on Racer.fun are SPL tokens on the Solana blockchain that exist solely for gameplay and entertainment purposes. These tokens have no intrinsic financial value and are not securities, commodities, or any other form of investment instrument.

No Expectation of Profit: You must not, and do not, expect any profit, return, or financial gain from creating, holding, trading, or using tokens on Racer.fun. Any price movements, trading activity, or token transfers that occur are purely incidental to the gameplay experience and do not represent financial returns, dividends, revenue share, or any form of investment return.

No Rights or Utility Outside Gameplay: Tokens on Racer.fun confer no rights, including but not limited to:

• No governance rights or voting power
• No dividend or revenue sharing rights
• No equity or ownership interest in Racer.fun or any entity
• No utility or value outside of the Racer.fun platform
• No guaranteed or promised functionality
• No rights to future features, products, or services

Gameplay Mechanics Are Not Financial Returns: The gameplay mechanics of Racer.fun may include token movements, distributions, or transfers as part of the gaming experience. These mechanics are designed solely for entertainment and social engagement. Any token movements, price changes, or trading activity that occurs are not financial returns, investment gains, or profit distributions. They are purely functional elements of the game designed to enhance gameplay.

No Investment Advice or Recommendations: Nothing on Racer.fun should be construed as investment advice, financial advice, or a recommendation to buy, sell, or hold any tokens. Racer.fun does not provide investment services, financial services, or any form of investment management.

By using Racer.fun, you represent and warrant that you understand and agree that tokens are purely for entertainment, you have no expectation of profit, and you are not using the platform for investment purposes.

4. User Content and Image Rights

IMPORTANT: By uploading images or other content to our service, you acknowledge and agree to the following:

• You own all rights to the images and content you upload, or you have obtained proper authorization to use such content.
• You grant Racer.fun a non-exclusive, worldwide, royalty-free license to use, display, and distribute your uploaded content in connection with the service.
• You warrant that your uploaded content does not infringe on any third-party copyrights, trademarks, or other intellectual property rights.
• You are solely responsible for ensuring you have the legal right to upload and use any images or content on the platform.
• Racer.fun is not responsible for any copyright disputes that may arise from your uploaded content.
• You agree not to upload content that is illegal, harmful, offensive, or violates the rights of others.
• We reserve the right to remove any content that violates these terms or applicable laws.

5. Legal Capacity and Authority

You must be at least 18 years old to use this service. You expressly represent and warrant that you have the right, authority, and capacity to enter into this Agreement on behalf of yourself and any third-party individual, entity, or digital wallet for which you are acting.

If you use our Services on behalf of another person, a company, partnership, protocol, smart contract, DAO, project, or other entity, “you” includes both you and that entity, and you represent that (i) you are authorized to bind the entity to these Terms, (ii) you are authorized to initiate blockchain transactions on its behalf, and (iii) you agree to these Terms on the entity's behalf.

6. Privacy and Data Collection

We collect and process certain information when you use our service, including:

• Wallet addresses and transaction data
• Uploaded images and associated metadata
• Usage analytics, game data, and platform interactions
• Technical information such as IP addresses and browser data
• In-game progress, Fuel Points, and purchased upgrades

We retain uploaded images and associated data for operational purposes. You may request deletion of your data by contacting us, though blockchain transactions cannot be reversed or deleted.

7. DMCA and Copyright Takedown Process

If you believe content on our platform infringes your copyright, please send a DMCA takedown notice to our designated agent with:

• Identification of the copyrighted work claimed to be infringed
• Identification of the infringing material and its location on our service
• Your contact information
• A statement of good faith belief that the use is not authorized
• A statement of accuracy and authority to act on behalf of the copyright owner
• Your physical or electronic signature

We will respond to valid DMCA notices by removing or disabling access to allegedly infringing content.

8. Prohibited Persons and Geographic Restrictions

The Services may not be used in any jurisdiction where their use would be unlawful or require registration or licensing of Racer.fun. We reserve the right to restrict access by IP geolocation or wallet address where legally required.

You represent and warrant that you are not:

• Located in, ordinarily resident in, or organized under the laws of any jurisdiction subject to a comprehensive U.S. Government embargo (“Embargoed Jurisdiction”)
• Identified on any U.S. or international sanctions list, including the U.S. Department of Treasury's Office of Foreign Assets Control (“OFAC”) Specially Designated Nationals list
• Acting for or on behalf of any such prohibited person or entity
• Using the Services in any way that violates sanctions administered by OFAC or any other applicable authority

Racer.fun may block or restrict your access to the Services if we believe you have violated any aspects of these Terms. You are responsible for ensuring that your use of the service complies with all applicable local laws.

9. KYC / AML and Identity Verification

To comply with applicable laws, regulations, and risk controls, Racer.fun may, at any time and in its sole discretion, require you to complete identity verification (including “know your customer” and anti-money laundering checks) before allowing you to access or continue using certain features of the Services, including but not limited to participation in Competitions, receipt of prizes or rewards, or use of specific game modes.

If you do not complete requested verification to Racer.fun's satisfaction, Racer.fun may (i) withhold, cancel, or revoke any pending prizes or rewards, (ii) restrict your access to some or all features of the Services, and/or (iii) suspend or terminate your access to the Services. You acknowledge that Racer.fun has no liability to you for any losses or foregone benefits arising from such actions.

10. Fees and Costs

Use of our service may involve various costs:

• Solana network transaction fees (gas fees) for all blockchain operations
• Token creation fees as displayed in the platform interface
• Trading fees when buying or selling tokens
• Platform transaction fees charged by Racer.fun on trades and token creation
• Any additional fees clearly disclosed before transactions

All fees are non-refundable. You are responsible for all costs associated with your use of the service. Transaction fees may vary based on network conditions and are subject to change without notice.

11. Account Termination and Suspension

We reserve the right to suspend or terminate your access to the service at any time, with or without notice, for any reason including:

• Violation of these terms of service
• Suspected fraudulent or illegal activity
• Uploading infringing or harmful content
• Attempts to manipulate or exploit the platform
• Non-compliance with applicable laws or regulations

Upon termination, your right to use the service will cease immediately, though blockchain transactions cannot be reversed.

12. Fuel Points and In-Game Economy

Racer.fun features an in-game economy with Fuel Points that can be earned through participation in races, completing quests, and other platform activities. You acknowledge and agree:

• Fuel Points have NO monetary value and cannot be exchanged for cash, cryptocurrency, or any other form of currency
• Fuel Points can only be used to purchase cosmetic upgrades and in-game items within the platform
• We reserve the right to modify, adjust, or reset Fuel Point balances at any time for platform integrity, bug fixes, or gameplay balancing
• Fuel Points are non-transferable and cannot be traded or sold to other users
• Upon account termination or closure, all Fuel Points will be forfeited with no compensation
• We may change the cost of items, earning rates, or availability of Fuel Points at any time
• Fuel Points earned through exploitation, bugs, or violation of terms may be removed without notice

13. Referral Program

Racer.fun offers a referral program that allows users to earn Fuel Points and potentially receive bonus rewards. By participating in the referral program, you acknowledge and agree:

• Referral rewards are provided at our sole discretion and may be modified, suspended, or terminated at any time without notice
• Only officially announced and published referral rewards are valid. Any unannounced, unpublished, or proposed reward offers are not binding and may be canceled at any time for any reason
• You may become eligible for bonus rewards when referred users participate in platform activities, subject to our terms and policies
• Referral rewards are not guaranteed and depend on various factors including referred user activity, platform performance, and compliance with these terms
• Any Fuel Points or rewards earned through referrals have NO monetary value and cannot be exchanged for cash or cryptocurrency
• We reserve the right to revoke referral rewards if we suspect fraud, manipulation, or violation of these terms
• You may not use automated systems, bots, or fraudulent means to generate referrals
• The referral program does not constitute a multi-level marketing scheme or pyramid scheme, as rewards are based on platform engagement, not recruitment
• Tax obligations related to any benefits received through the referral program are your sole responsibility

14. Gaming and Competition

Racer.fun includes competitive racing games featuring tokens on the Solana blockchain. By participating in games, you acknowledge:

• Game outcomes are determined by various factors including but not limited to market performance, trading volume, and other metrics that may be outside of anyone's control
• We do not guarantee fair, balanced, or predictable game outcomes
• Technical issues, bugs, or blockchain network problems may affect game results
• We reserve the right to cancel, restart, or modify any race or game at our discretion
• Cheating, exploitation, or manipulation of game mechanics may result in account termination
• Game rules, scoring systems, and prize structures may change without notice
• Participation in games does not constitute gambling or wagering of monetary value

15. Competition Rules and Prize Terms

Racer.fun may from time to time conduct competitions, contests, or promotional events (collectively, “Competitions”). By participating in any Competition, you acknowledge and agree to the following terms:

(a) Competition Period and Eligibility

Competitions may have specific start and end dates as announced by Racer.fun. For the competition period from November 13, 2025 through November 21, 2025 (the “Competition Period”), the winner will be determined based on the participant who wins the most $RACER tokens through gameplay and race participation during the Competition Period. Only $RACER tokens won as prizes or rewards from participating in races and gameplay activities during the Competition Period will be counted toward the competition. Simply purchasing, holding, or otherwise acquiring $RACER tokens through trading, transfers, or other means outside of gameplay does not count toward competition eligibility. Participation in Competitions is subject to these Terms and any additional rules or requirements announced by Racer.fun.

Skill-Based Elements: Competitions on Racer.fun are structured to emphasize skill-based elements, including but not limited to gameplay decisions, team selection, timing, and strategy. While market conditions may influence outcomes, results are not determined solely by chance.

Void Where Prohibited: This Competition is void where prohibited by law. Participants must be located in a jurisdiction where participation in the Competition and receipt of prizes is legally permitted. Racer.fun reserves the right to restrict participation based on geographic location or applicable laws.

Employee Exclusion: Employees, officers, directors, and immediate family members of Fresh Dots, Inc., Racer.fun, and their respective affiliates, subsidiaries, and advertising/promotional agencies are not eligible to participate in Competitions or win prizes.

Tie-Breaker: In the event of a tie for the highest number of $RACER tokens won through gameplay, the winner will be determined by Racer.fun in its sole discretion based on factors including but not limited to: (i) the participant who achieved their total first, (ii) the participant with the most individual race wins, (iii) the participant with the highest average tokens won per race, or (iv) a random selection among tied participants. Racer.fun's determination of the winner in case of a tie is final and binding.

Minimum Participation: Racer.fun reserves the right to cancel or modify the Competition if there are insufficient participants or if technical issues prevent fair competition. In such cases, Racer.fun may, but is not obligated to, award prizes based on available results or reschedule the Competition.

(b) Prize Description and Substitution

Prizes for Competitions may be described in promotional materials, announcements, or communications from Racer.fun. However, you acknowledge and agree that:

• Racer.fun reserves the right, in its sole discretion, to substitute any prize or prize component with a cash equivalent, cryptocurrency equivalent, or alternative prize of equal or greater value
• For the November 13-21, 2025 competition, the prize package described as including two (2) round-trip flights to Abu Dhabi, ten (10) nights hotel accommodation in Abu Dhabi, two (2) Formula 1 race tickets, two (2) Solana Breakpoint conference tickets, and two (2) Metdhabi conference tickets may be fulfilled, at Racer.fun's sole discretion, by providing a cash equivalent in Solana (SOL) cryptocurrency valued at approximately $12,000 USD (or equivalent value at the time of prize distribution) to cover expenses
• Prize values are approximate and subject to change based on market conditions, availability, and other factors beyond Racer.fun's control
• All prizes are awarded “AS IS” without warranty of any kind, express or implied
• Prizes are non-transferable and may not be redeemed for cash except as expressly provided herein
• Racer.fun makes no representations or warranties regarding the availability, quality, or suitability of any prize components, including but not limited to travel arrangements, accommodations, or event tickets
• Prize values stated in USD are approximate. The actual value of cryptocurrency prizes (SOL) will be determined at the time of distribution based on the market value of SOL at that time. Racer.fun will use commercially reasonable methods to determine the USD equivalent value, but makes no guarantees regarding exchange rates or market conditions
• Prizes will be distributed within sixty (60) days of winner verification and completion of all required documentation, subject to delays beyond Racer.fun's control including but not limited to verification delays, tax documentation requirements, or technical issues

(c) Winner Determination and Verification

Winners will be determined by Racer.fun based on the criteria announced for each Competition. All decisions regarding winner determination are final and binding. Winners must:

• Provide valid contact information, including a working email address, within seven (7) calendar days of being notified of their potential win
• If Racer.fun only has a wallet address, the potential winner must contact Racer.fun via email at [email protected] or via direct message on Twitter/X to claim their prize
• Verify ownership of the winning wallet address by signing a message from that wallet or providing other proof of ownership as requested by Racer.fun
• Complete any additional verification procedures, including but not limited to identity verification, tax documentation (W-9 or equivalent), and eligibility confirmation, as required by Racer.fun
• Comply with all applicable laws and regulations in their jurisdiction
• Not be located in a jurisdiction where receipt of the prize would be prohibited by law

Winner Announcement: Winners will be announced by Racer.fun through the platform, social media, email, or other reasonable means within a reasonable time after the Competition Period ends. Racer.fun will make reasonable efforts to contact potential winners, but is not responsible for failed notification attempts.

Publicity Rights: By accepting a prize, winners grant Racer.fun and its affiliates the right to use their name, username, wallet address (in part or in full), likeness, and prize information for promotional and marketing purposes in any media worldwide without additional compensation, except where prohibited by law. Winners may opt out of certain uses by notifying Racer.fun in writing, but Racer.fun retains the right to announce the winner and prize information.

(d) Prize Forfeiture and Alternative Winner Selection

If a potential winner fails to:

• Contact Racer.fun within seven (7) calendar days of the winner announcement or notification attempt
• Provide required verification information within fourteen (14) calendar days of initial contact
• Complete all verification procedures within thirty (30) calendar days of initial contact
• Respond to Racer.fun's reasonable attempts to contact them via email, Twitter/X direct message, or other available means

Then, at Racer.fun's sole discretion, the potential winner may be disqualified and the prize may be forfeited. Racer.fun may, but is not obligated to, select an alternative winner from among the remaining eligible participants. If no alternative winner is selected, the prize may be retained by Racer.fun or donated to a charity of Racer.fun's choosing.

(e) Disqualification and Prohibited Conduct

Racer.fun reserves the right, in its sole discretion, to disqualify any participant and/or revoke any prize if Racer.fun determines, in its reasonable judgment, that the participant has:

• Violated these Terms of Service or any Competition-specific rules
• Engaged in cheating, fraud, manipulation, collusion, or any other unfair or deceptive practices
• Used automated systems, bots, scripts, or any other means to artificially inflate scores, rankings, or token accumulation
• Attempted to qualify for the competition by purchasing, trading, or otherwise acquiring $RACER tokens through means other than winning them through gameplay and race participation
• Attempted to manipulate race outcomes, token distributions, or competition results through any means
• Engaged in market manipulation, wash trading, or coordinated trading activities designed to artificially influence competition results
• Used multiple accounts, wallets, or identities to circumvent competition rules or gain an unfair advantage
• Provided false, misleading, or inaccurate information during registration or verification
• Violated any applicable laws, regulations, or third-party rights
• Engaged in any conduct that Racer.fun deems, in its sole discretion, to be harmful to the integrity of the Competition, the platform, or other participants

Racer.fun's decisions regarding disqualification are final and binding. Disqualified participants forfeit all rights to any prizes and may be permanently banned from the platform and future Competitions.

(f) Account Suspension and Banning

In addition to disqualification from Competitions, Racer.fun reserves the right to suspend, terminate, or permanently ban any user account, wallet address, or participant from the platform and all future Competitions if Racer.fun determines, in its sole discretion, that the user has engaged in prohibited conduct as described in subsection (e) above or has otherwise violated these Terms. Such actions may be taken with or without prior notice and are not subject to appeal.

(g) Tax Obligations

Winners are solely responsible for all taxes, fees, and other expenses associated with receiving and using any prize. Racer.fun may be required to report prize values to tax authorities and may request tax documentation (such as W-9 forms for U.S. residents) before distributing prizes. Winners are responsible for determining the tax treatment of prizes in their jurisdiction and for paying any applicable taxes.

(h) Limitation of Liability

Racer.fun, its affiliates, and their respective officers, directors, employees, and agents shall not be liable for any loss, damage, or injury arising from participation in any Competition or receipt or use of any prize, including but not limited to:

• Travel delays, cancellations, or incidents related to prize travel
• Loss, theft, or damage to prizes
• Inability to use prizes due to scheduling conflicts, health issues, or other personal circumstances
• Changes in prize value due to market fluctuations or other factors
• Technical failures, errors, or delays in winner determination or prize distribution
• Disqualification or forfeiture of prizes

(i) Competition Modifications and Cancellation

Racer.fun reserves the right, in its sole discretion, to modify, suspend, cancel, or terminate any Competition at any time, with or without notice, for any reason including but not limited to technical issues, fraud, regulatory concerns, or force majeure events. In the event of cancellation or termination, Racer.fun may, but is not obligated to, award prizes based on results at the time of cancellation or provide alternative compensation.

(j) Sponsor/Referrer Prize - Canceled

Any previously contemplated Sponsor/Referrer prize for the November 13-21, 2025 competition has been canceled and will not be awarded. This cancellation is made pursuant to Racer.fun's rights under subsection (i) above to modify or cancel competition elements at any time. No Sponsor or Referrer prize will be awarded for this competition period.

(k) Release and Indemnification

By participating in any Competition, you release and hold harmless Racer.fun, Fresh Dots, Inc., and their respective affiliates, officers, directors, employees, agents, and partners from any and all claims, damages, losses, or liabilities arising from your participation in the Competition or receipt or use of any prize. You agree to indemnify Racer.fun against any claims brought by third parties related to your participation in Competitions or violation of these Terms.

16. Non-Custodial Service

Racer.fun is a non-custodial platform. You retain full custody and control of your digital wallet and all assets. You acknowledge and agree that:

• Racer.fun never takes possession of or controls any User assets, tokens, or private keys
• Racer.fun will never ask for or require knowledge of your private keys or seed phrase
• Racer.fun does not act as an intermediary, broker, money-services business, or fiduciary
• All transactions initiated through your wallet are voluntary transactions executed directly by you on-chain
• All transactions are final and irreversible once submitted to the blockchain
• Racer.fun disclaims any responsibility for the outcome of any transaction performed by you using the Services
• You are solely responsible for safeguarding your private keys, seed phrases, and wallet security

17. Third-Party Services and Blockchain Dependencies

Our service relies on third-party services including but not limited to the Solana blockchain, wallet providers, DEX protocols, and price feed providers. You acknowledge and agree:

• We have no control over third-party services and are not responsible for their availability, functionality, or security
• Blockchain network congestion, outages, or failures may impact service availability
• Third-party wallet providers are solely responsible for the security of your funds
• Price data and market information may be delayed, inaccurate, or sourced from third parties
• We are not responsible for losses arising from third-party service failures or errors
• DEX protocols and smart contracts operate independently and may have their own risks
• In the event of a blockchain fork, upgrade, or migration, Racer.fun may determine, in its sole discretion, whether and how to support any resulting network or token. Racer.fun bears no responsibility for any loss, incompatibility, or duplication of assets arising from such events

18. No Partnership or Affiliation

All users of the Services—including but not limited to creators of tokens, holders of tokens, and participants in any coordinated on-chain or off-chain activity—act independently and on their own behalf. Your access to or interaction with the Services does not create or imply any partnership, joint venture, agency, employment, fiduciary, or other relationship of trust, reliance, or association between you and Racer.fun, or between any users of the Services.

Racer.fun provides non-custodial tools that may enable or facilitate user interaction, coordination, or shared participation in games or other activities. Such functionality is purely technological and does not give rise to any shared ownership, control, management, or liability between Racer.fun and any user, or among users themselves.

Users who create tokens through the Services do so solely in their individual capacity and assume full responsibility for the functionality, configuration, compliance, and consequences of those creations.

19. No Fiduciary Duty / No Advice / No Agency

No Fiduciary Obligations: Racer.fun does not owe you, any token creator, or any user any fiduciary duties, duties of care, duties of loyalty, or any other special obligations beyond those expressly set forth in these Terms. Racer.fun is not your agent, trustee, or fiduciary, and you should not rely on Racer.fun to act in your best interests or to protect your assets or investments.

No Financial Advice: Racer.fun does not provide financial advice, investment advice, trading advice, or any form of advisory services. Nothing on the platform, including but not limited to price data, charts, market information, or platform features, constitutes financial advice or a recommendation to buy, sell, hold, or trade any tokens. You are solely responsible for all decisions you make regarding tokens, trades, or platform usage.

No Managerial Effort: Racer.fun does not provide managerial effort on behalf of token creators or users. Racer.fun provides technological tools and infrastructure for gameplay and token creation, but does not manage, operate, promote, or control any tokens created by users. Token creators are solely responsible for all aspects of their tokens, including but not limited to marketing, development, community management, and compliance.

No Agency Relationship: Racer.fun is not an agent of any user, token creator, or token holder. Racer.fun does not act on behalf of users in any capacity. Users cannot claim that Racer.fun “managed” their token, “operated” their project, or acted as their agent in any way. All users act independently and on their own behalf.

No Reliance on Platform Features: You acknowledge that platform features, including but not limited to price displays, charts, trading interfaces, and game mechanics, are provided for informational and entertainment purposes only. You should not rely on these features for making financial decisions, and Racer.fun makes no representations about the accuracy, completeness, or suitability of any platform features for any purpose.

By using Racer.fun, you expressly acknowledge and agree that Racer.fun owes you no fiduciary duties, provides no financial advice, performs no managerial effort on your behalf, and is not your agent. You are solely responsible for all decisions and actions you take on the platform.

20. Non-Reliance

You represent that you are knowledgeable and experienced in blockchain technology and digital assets. You have conducted your own independent investigation of the Services and have not relied upon any statement, omission, or representation by Racer.fun other than those expressly set forth in these Terms.

You understand that tokens created through the platform are experimental and may fail, perform unpredictably, or be exploited. You assume all associated risks and acknowledge that Racer.fun makes no representations about outcomes, value, functionality, or future performance of any token or game feature.

21. No Reliance on Marketing or Public Statements

You acknowledge that you have not relied, and will not rely, on any statements, descriptions, projections, or representations made outside of these Terms, including but not limited to statements made in social media posts, interviews, community chats, marketing materials, or informal communications. In the event of any inconsistency between such statements and these Terms, these Terms control.

No public statement by Racer.fun or its personnel, whether written or oral, creates any promise, guarantee, or obligation not expressly set forth in these Terms.

22. Token Creation and Distribution

Our service allows users to create SPL tokens on the Solana blockchain:

• Tokens are created as SPL tokens on the Solana blockchain and are distributed according to the platform's mechanisms.
• These tokens are provided for entertainment and social engagement purposes only and carry no monetary value, equity, or financial rights.
• Token creation and distribution processes are automated and depend on blockchain technology and may be subject to network congestion or technical limitations.
• Users understand that by creating a token, they are initiating blockchain transactions that cannot be reversed.
• We make no representations about the tax implications of creating or receiving tokens. Users are responsible for determining the tax treatment of these tokens in their respective jurisdictions.
• Racer.fun makes no representations about the future value or utility of created tokens.
• PERMANENT NATURE: Once a token is created and its associated content (including images) is published to the Solana blockchain and IPFS, this information becomes permanently immutable and cannot be deleted, modified, or removed by anyone, including Racer.fun.
• Users acknowledge that token creation results in permanent, irreversible publication of their content to decentralized networks that exist beyond our control.

23. No Liquidity, Market, or Buyback Obligations

You acknowledge and agree that Racer.fun has no obligation to create, provide, support, or maintain any liquidity, market, or trading venue for any token, including $RACER or user-created tokens. Without limiting the foregoing:

• Racer.fun is not obligated to (i) seed or maintain liquidity pools, (ii) support any particular DEX or trading pair, (iii) perform token buybacks or burns on any schedule, or (iv) stabilize, support, or influence the price, volume, or trading activity of any token.
• Any liquidity provisioning, incentives, buybacks, burns, or similar actions taken by Racer.fun are discretionary, may be modified, reduced, or terminated at any time without notice, and do not create any continuing obligation or expectation. You agree that you have no claim or entitlement to any such actions now or in the future.

24. No Financial Value or Investment Advice

THE TOKENS CREATED THROUGH OUR SERVICE HAVE NO INTRINSIC FINANCIAL VALUE. They are not investments, securities, commodities, or any other type of financial instrument. We do not provide investment advice, and nothing on this service should be construed as such.

25. Special Notice Regarding $RACER

$RACER is a gameplay and utility token used within the Racer.fun ecosystem to enable participation in races, unlock features, and interact with game mechanics. $RACER does not represent or confer:

• (a) any equity, ownership, or other interest in Fresh Dots, Inc., Racer.fun, or any affiliate;
• (b) any right to share in revenues, fees, or profits;
• (c) any voting, governance, or management rights; or
• (d) any right to continued development, maintenance, or support of the Services.

Holding or using $RACER does not entitle you to any distributions, buybacks, burns, or other benefits, and you acknowledge that any such actions, if undertaken by Racer.fun, are discretionary and may be modified or discontinued at any time. You agree that you do not purchase, hold, or use $RACER with an expectation of profit or financial return of any kind.

26. User Responsibilities

Users are solely responsible for:

• Maintaining the security of their Solana wallet and private keys
• Ensuring they have the right to use any images or content they upload
• Complying with all applicable laws and regulations regarding cryptocurrency transactions
• Any transaction fees or costs associated with using the Solana network
• Verifying the accuracy of all transaction details before confirming any operation
• All consequences of their transactions, including potential financial losses

27. Prohibited Uses

We explicitly prohibit and do not endorse the use of our service for:

• Any illegal activities or uses that violate the rights of others
• Uploading content that infringes on intellectual property rights
• Manipulating markets or engaging in pump-and-dump schemes
• Violating securities laws or regulations
• Attempting to use the service to circumvent economic sanctions or anti-money laundering laws
• Engaging in fraudulent, deceptive, or misleading activities
• Uploading harmful, offensive, or illegal content

28. User Feedback and Contributions

You may provide comments, bug reports, ideas, suggestions, or other feedback about the Services (“Feedback”). You grant Racer.fun a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use, modify, distribute, and disclose your Feedback for any purpose without compensation or attribution.

To the extent you submit code, comments, or other contributions to Racer.fun, you grant Racer.fun and the public a perpetual, irrevocable, worldwide, non-exclusive, royalty-free license to use, modify, and distribute such contributions. You agree not to assert any intellectual-property claim against Racer.fun or other users arising from their lawful use of such materials.

29. Security Vulnerability Disclosure

Racer.fun encourages responsible disclosure of security vulnerabilities. If you discover a potential security issue or bug, please contact us at [email protected]. Please provide detailed information about the vulnerability to help us address it promptly.

Racer.fun does not provide bounties or compensation for security reports unless expressly stated in a separate bug bounty program.

30. Additional Third-Party Integrations

Our service relies on the Solana blockchain and other third-party services. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party services. You acknowledge that we shall not be responsible or liable for any damage or loss caused by or in connection with use of such third-party services.

31. Disclaimers

THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. We do not guarantee:

• Uninterrupted or error-free service
• The accuracy or reliability of any information obtained through the service
• That defects in the service will be corrected
• The security or safety of any crypto assets involved
• The successful completion of any transaction
• The continued availability of the service
• The accuracy of displayed prices, market capitalizations, trading volumes, or other financial data
• The real-time nature of price feeds or market data

IMPORTANT: All prices, market capitalizations, trading volumes, and other financial metrics displayed on our platform are for informational purposes only and may be inaccurate, delayed, or incomplete. Do not rely on this information for making financial decisions. Always verify information independently before making any transactions.

32. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FRESH DOTS, INC., RACER.FUN, AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES including but not limited to:

• Use or inability to use the service
• Any transactions conducted through the service
• Unauthorized access to or alteration of your transmissions or data
• Loss of profits, revenue, data, or crypto assets
• Business interruption or downtime
• Computer or system failure or malfunction
• Any copyright infringement claims or disputes arising from uploaded content
• The permanent, immutable nature of blockchain and IPFS content that cannot be deleted or modified
• Continued accessibility of content through blockchain networks, IPFS, or third-party interfaces after removal from our platform
• Any consequences arising from the decentralized and permanent nature of blockchain technology

33. Risk Disclosure

Cryptocurrency transactions involve significant risks:

• Cryptocurrencies are highly volatile and speculative
• The value of tokens can fluctuate significantly in short periods
• Regulatory changes may adversely affect the value or function of cryptocurrency
• Blockchain transactions are irreversible and cannot be refunded
• Smart contract vulnerabilities may lead to loss of funds
• You may be subject to tax obligations when transacting with cryptocurrency

You acknowledge that you understand these risks and are solely responsible for evaluating your financial circumstances and tolerance for risk before using the Service.

34. Assumption of Risk / Waiver of Claims

Assumption of Token Volatility Risks: You expressly acknowledge and agree that you assume all risks related to token price volatility, market fluctuations, and token value changes. You understand that token prices can go to zero, become illiquid, or experience extreme volatility. You waive any and all claims against Racer.fun arising from token price movements, market conditions, or trading losses, regardless of whether such movements occur during gameplay or outside of gameplay.

Assumption of Technical Risks: You expressly acknowledge and agree that you assume all risks arising from bugs, exploits, smart contract vulnerabilities, technical failures, network issues, or any other technical problems that may affect the platform, tokens, or your use of the Services. This includes but is not limited to:

• Smart contract bugs, exploits, or vulnerabilities that may result in loss of tokens or funds
• Platform bugs, glitches, or technical errors that may affect gameplay, scoring, or token distributions
• Blockchain network congestion, forks, or failures
• Third-party service failures or errors
• Security breaches, hacks, or unauthorized access

Waiver of Gameplay-Related Claims: You expressly waive any and all claims against Racer.fun arising from or related to gameplay outcomes, including but not limited to:

• Lost races, incorrect race results, or scoring errors
• Failure to win tokens or prizes in races or competitions
• Changes to game mechanics, rules, or scoring systems
• Disqualification from races or competitions
• Technical issues that prevent you from participating in races
• Market repricing or token value changes during or after gameplay

Waiver of Third-Party Data Claims: You expressly waive any and all claims against Racer.fun arising from or related to third-party data feeds, including but not limited to:

• Inaccurate, delayed, or incomplete price data
• Incorrect market capitalization, trading volume, or other market metrics
• Chart errors, display issues, or data visualization problems
• Third-party API failures or data feed interruptions
• Reliance on any data displayed on the platform for trading or investment decisions

General Waiver: To the maximum extent permitted by law, you hereby release, waive, and discharge Racer.fun, Fresh Dots, Inc., and their respective affiliates, officers, directors, employees, agents, and partners from any and all claims, demands, causes of action, damages, losses, costs, or expenses (including attorneys' fees) arising from or related to the risks described in this section, whether known or unknown, suspected or unsuspected, disclosed or undisclosed.

This waiver applies regardless of whether such claims arise from contract, tort (including negligence), strict liability, or any other legal theory. You understand that this is a comprehensive waiver and that you are giving up substantial legal rights by agreeing to these Terms.

35. Indemnification

You agree to indemnify, defend, and hold harmless Fresh Dots, Inc., Racer.fun, and their respective affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

• Your use of the service
• Your uploaded content or any copyright infringement claims
• Your violation of these terms
• Your violation of any applicable laws or regulations
• Any transactions you conduct through the service
• Any third-party claims arising from your use of the service

36. Arbitration and Class Action Waiver

(a) Agreement to Arbitrate

You and Fresh Dots, Inc. agree that any dispute, controversy, or claim arising out of or relating to these Terms, the Services, or any aspect of the relationship between you and Fresh Dots, Inc. (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before or after the termination of this Agreement) shall be resolved exclusively and finally by binding arbitration, rather than in court, except as otherwise expressly provided in this Section.

(b) Governing Law and Rules

This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1–16) and the laws of the State of Delaware, without regard to conflict-of-law principles. Arbitration shall be conducted before a single neutral arbitrator under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), as modified by these Terms. Judgment on the arbitrator's award may be entered in any court having jurisdiction.

(c) Location and Language

Unless you and Fresh Dots, Inc. agree otherwise, arbitration shall take place in Delaware, United States, and shall be conducted in the English language. The parties may agree to virtual or document-only proceedings at the arbitrator's discretion.

(d) Delegation of Arbitrability

The arbitrator shall have the exclusive authority to determine all issues relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this agreement is void or voidable.

(e) Individual Claims Only – Class and Collective Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND FRESH DOTS, INC. EACH AGREE THAT ANY ARBITRATION OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE CAPACITY.

THE ARBITRATOR SHALL HAVE NO AUTHORITY TO (i) CONSOLIDATE THE CLAIMS OF MULTIPLE PERSONS, (ii) PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING, OR (iii) AWARD RELIEF OTHER THAN ON AN INDIVIDUAL BASIS IN FAVOR OF A SINGLE PARTY.

YOU AND FRESH DOTS, INC. EACH WAIVE ANY RIGHT TO PARTICIPATE IN OR SEEK TO RECOVER THROUGH ANY CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION, WHETHER IN ARBITRATION OR OTHERWISE.

(f) Limited Court Actions

Notwithstanding the foregoing, either party may seek (i) temporary or preliminary injunctive relief in a court of competent jurisdiction to prevent immediate or irreparable harm; or (ii) to compel arbitration or confirm an arbitral award under the Federal Arbitration Act.

(g) Fees and Costs

The arbitration fees and costs shall be shared in accordance with the AAA Rules. Each party shall bear its own attorneys' fees and costs, except as otherwise required by applicable law or determined by the arbitrator.

(h) Severability and Survival

If any part of this arbitration clause is found to be invalid or unenforceable, the remaining portions shall remain in full force and effect. This Section 36 shall survive the termination of these Terms and your use of the Services.

37. Governing Law

These Terms and your use of the Services are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Any dispute not subject to arbitration shall be brought exclusively in the state or federal courts located in Delaware.

38. No Obligation for Continued Development or Support

You acknowledge and agree that Racer.fun has no obligation to (i) continue developing, maintaining, or supporting the Services or any particular feature, game mode, token, or Competition, or (ii) make any updates, improvements, or bug fixes.

Racer.fun may, at any time and without notice, modify, suspend, or discontinue any part of the Services, including specific games, tokens, prize structures, or functionality. You agree that you have no claim or entitlement arising from any decision by Racer.fun to modify, suspend, or discontinue any aspect of the Services.

39. Force Majeure

We shall not be liable for any failure or delay in performance under these Terms which is due to circumstances beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, or extreme weather conditions
• War, terrorism, civil unrest, or government actions
• Internet outages, network failures, or cyber attacks
• Blockchain network congestion, forks, or technical failures
• Third-party service provider failures or interruptions
• Regulatory changes or government restrictions

In such events, our obligations under these Terms will be suspended for the duration of the force majeure event.

40. Regulatory Uncertainty / Future Changes

Evolving Regulatory Landscape: The laws, regulations, and regulatory guidance governing digital assets, tokens, blockchain technology, and gaming platforms are constantly evolving and vary significantly by jurisdiction. Regulatory authorities may issue new rules, guidance, or enforcement actions that could affect Racer.fun, tokens created on the platform, or your ability to use the Services. Racer.fun cannot predict how future regulatory changes will affect the platform or tokens.

Right to Modify or Restrict Services: Racer.fun reserves the right, in its sole discretion, to modify, restrict, disable, or terminate any features, services, or functionality of the platform at any time if required by law, regulation, regulatory guidance, or if Racer.fun determines such action is necessary for compliance purposes. This includes but is not limited to:

• Blocking or restricting access from certain countries or jurisdictions
• Limiting or disabling token creation features
• Modifying or terminating prize structures, competitions, or reward mechanisms
• Changing how races, gameplay, or token distributions work
• Implementing KYC/AML requirements or other compliance measures
• Restricting certain types of tokens or token features
• Suspending or terminating user accounts for compliance reasons

User Assumption of Regulatory Risk: You expressly acknowledge and agree that you bear all risks associated with regulatory changes that may affect:

• The value, liquidity, or tradability of tokens
• Your ability to access or use the platform or specific features
• The legality of creating, holding, or trading tokens in your jurisdiction
• Tax treatment or reporting requirements for tokens
• Future restrictions on gameplay, competitions, or prize structures

No Liability for Regulatory Changes: Racer.fun shall not be liable for any losses, damages, or negative consequences arising from regulatory changes, including but not limited to:

• Loss of access to the platform due to geographic restrictions or sanctions
• Decreased token values due to regulatory uncertainty or restrictions
• Inability to use certain features that are restricted or disabled
• Changes to gameplay mechanics required for compliance
• Termination of competitions, prizes, or reward programs
• Additional compliance requirements or restrictions

No Guarantee of Continued Operation: Racer.fun does not guarantee that the platform, any features, or any tokens will remain accessible, functional, or legal in any jurisdiction indefinitely. Regulatory changes may require Racer.fun to cease operations in certain jurisdictions, modify features, or shut down entirely. You acknowledge that you use the platform at your own risk and that regulatory changes may affect your ability to use the Services or access your tokens.

By using Racer.fun, you expressly acknowledge that you understand the regulatory landscape is uncertain and evolving, that Racer.fun may need to make changes for compliance purposes, and that you bear all risks associated with such changes.

41. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from these Terms, and the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely approximates the intent and economic effect of the invalid provision.

42. Survival

All provisions that by their nature should survive termination— including those relating to disclaimers, indemnification, limitation of liability, arbitration, governing law, intellectual property rights, and user responsibilities—shall survive any termination or expiration of these Terms.

43. No Waiver

Racer.fun's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Racer.fun's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

44. Modifications to Terms

Racer.fun reserves the right to change or modify these Terms or any aspect of the Services at any time in our sole discretion. If we make material changes, we will use reasonable efforts to provide notice of such changes, such as by updating the “Last Updated” date at the top of these Terms or by posting a notice on our platform.

By continuing to access or use the Services after any changes become effective, you confirm your acceptance of the revised Terms. It is your sole responsibility to review these Terms periodically to ensure you understand the terms and conditions that apply when you access or use the Services.

45. Contact Information

If you have any questions about these Terms, please contact us:

46. Complete Agreement

These Terms constitute the entire agreement between you and Racer.fun regarding your use of the Service, superseding any prior agreements.