1. Introduction; Preamble

The Services are not offered to restricted persons or to anyone located in a restricted jurisdiction. This includes sanctioned countries and jurisdictions where cryptocurrency transactions are prohibited or restricted. Use of a VPN, proxy, or similar tool to evade these restrictions is strictly prohibited.

By using the Services, you represent that you are not a restricted person, will not use the Services from a restricted jurisdiction, and will not modify or reverse engineer the Services to make them available to a restricted person.

These Terms of Use, together with our Privacy Policy and any incorporated terms, constitute the agreement between Boomp and you concerning your use of the Boomp app and website. The Services facilitate access to third-party materials, decentralized exchanges, service providers, smart contracts, and other technologies that we do not control or guarantee.

By using the Services, you agree to these Terms. You represent that you are at least 18 or otherwise able to form a binding contract, your funds are not from illegal or restricted sources, and you have the right to engage in your transactions.

These Terms include a binding arbitration agreement, class action waiver, and jury trial waiver.

2. Changes to these Terms of Use

We may revise these Terms at our sole discretion. Changes are effective when posted. Your continued use of the Services means that you accept the revised Terms, so you should check this page periodically.

3. Changes to the Services

We may update content, modify features, withdraw services, or restrict access at any time without notice. We are not liable for losses resulting from changes to or unavailability of the Services.

4. Accessing the Services and Account Security

You are responsible for obtaining access to the Services and ensuring that people using your connection comply with these Terms.

We are not responsible for securing your account, wallet, keys, or seed phrase. You are solely responsible for protecting passwords, keys, seed phrases, and recovery mechanisms. We make no representation that your digital assets or the Services are secure.

5. Usernames, Profiles & Account Content

Your username, display name, handle, biography, profile picture, banner image, and other account-identifying content are licensed to you on a revocable, non-exclusive, non-transferable basis. You do not own them.

We may reclaim, rename, remove, edit, or require modification of Account Content, and may suspend or terminate accounts for impersonation, infringement, offensive material, inactivity, or other violations.

You may not sell, auction, trade, transfer, license, or otherwise commercialize any username, handle, or Account Content.

6. Use of the Services

The Services may allow you to set up a non-custodial digital wallet and trade cryptocurrencies. Your wallet may be generated and managed by Privy or another third-party infrastructure provider. You are responsible for safeguarding credentials, private keys, and seed phrases.

Transactions occur on third-party infrastructure. The Services are a conduit to that infrastructure and are not a DEX, exchange, broker, custodian, or processor of your transactions.

You agree to provide accurate information when requested, follow token purchasing and transfer rules, and comply with the terms of third-party providers accessed through the Services.

7. Fees

Your use of the Services may involve fees charged by Boomp and fees imposed by third parties. Applicable Boomp fees are displayed before you confirm a transaction and may change at our discretion.

Third-party protocols may impose liquidity pool fees, network fees, funding rates, or price differences caused by market conditions. These costs are controlled by the applicable protocols or markets and may not be fully displayed or estimated.

You are solely responsible for reviewing all applicable costs. We are not liable for fees imposed by third parties or for pricing changes.

8. Referral Program

We may offer referral programs whose details and payouts are determined at our discretion and may change without notice.

You may not refer yourself, accounts you own or control, or coordinate activity to generate artificial rewards. We may void, reverse, claw back, or withhold benefits obtained through manipulation, fraud, or self-referral and may suspend or terminate your account.

We may modify or cancel the Referral Program at any time, and our decision regarding a payout dispute is final.

9. Leaderboards, Rankings & Performance Metrics

You may not manipulate or artificially inflate leaderboards, rankings, profit-and-loss metrics, or other performance indicators through selective transfers, wash trading, coordinated activity, or technical exploits.

We may disqualify, adjust, reverse, recalculate, or reset metrics, change calculation methods, claw back rewards, and suspend or terminate accounts involved in manipulation.

10. Perpetual Futures

Perpetual futures contracts (Perps) may be offered and settled by independent third-party decentralized protocols. Perps are not available to U.S. Persons or from within the United States and may be restricted elsewhere.

You represent that you are eligible, are not accessing Perps for a U.S. Person, and will not use a VPN, proxy, or similar mechanism to evade restrictions. Fomo is not your counterparty, broker, dealer, futures commission merchant, or clearing organization.

• Perps are leveraged derivatives and may cause total loss or losses exceeding initial margin.
• Positions may be liquidated or auto-deleveraged without notice and at protocol-determined prices.
• Funding rates, mark prices, and liquidation thresholds may change rapidly.
• Volatility, low liquidity, oracle failures, protocol malfunctions, and network congestion may cause slippage or failed transactions.
• You are solely responsible for understanding leverage, funding, liquidation, and protocol-specific risks.

Perps trading carries substantial risk of loss. Boomp does not guarantee execution, settlement, or availability.

11. Robinhood US Stock / ETP Derivative Tokens

The Services may provide access to Robinhood US Stock / ETP Derivative Tokens, which are onchain representations of OTC derivative contracts issued by Robinhood Europe UAB. They are not available to U.S. Persons or U.S. markets, residents of Canada, the United Kingdom, or Switzerland, sanctioned persons, or persons in restricted jurisdictions.

Robinhood Tokens are issued and settled by Robinhood Europe UAB. Boomp does not issue, offer, custody, clear, settle, or act as counterparty, broker, dealer, or transfer agent, and is not affiliated with Robinhood Europe UAB.

They do not represent ownership of an underlying security, do not confer shareholder rights, and are cash-settled only. You must review the current Robinhood disclosures before trading.

• They are complex OTC derivatives with a risk of total loss.
• Insolvency of the counterparty may result in loss of the entire value, without investor compensation coverage.
• They carry market, liquidity, currency, counterparty, tokenization, blockchain, protocol, and network risks.
• Third parties may amend terms, restrict availability, or discontinue them without notice.

12. Intellectual Property Rights

The Services and their contents, features, functionality, software, text, displays, images, video, audio, design, and arrangement are owned by Boomp, its licensors, or other providers and are protected by intellectual-property laws.

You may use the Services for personal use only. You may not reproduce, distribute, modify, create derivative works, publicly display, download, store, transmit, or remove proprietary notices from the Services except as expressly permitted.

13. Trademarks

Boomp's name, logos, product and service names, designs, and slogans are trademarks of Boomp or its affiliates and licensors. You may not use them without prior written permission. Other marks belong to their respective owners.

14. Feedback

You may provide feedback, recommendations, or ideas about the Services. Feedback is non-confidential and may be used by Boomp and its service providers without restriction.

You represent that you own or control the rights in your Feedback and grant us a perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, perform, display, distribute, and disclose it for any purpose.

15. Community Conduct & Content Moderation

You may not post content that is obscene, sexually explicit, harassing, threatening, hateful, discriminatory, violent, impersonating, fraudulent, misleading, privacy-invasive, or infringing.

We may monitor, review, moderate, remove, edit, refuse to display content, issue warnings, suspend accounts, or terminate access without prior notice. We are not liable for actions taken or not taken regarding user content or conduct.

16. Prohibited Uses

You agree to use the Services only lawfully and not to permit others to:

• Exploit or harm minors; access non-public areas; probe, scan, or breach security measures.
• Use bots, crawlers, scrapers, automated scripts, or unauthorized applications to access, extract, post, message, or trade.
• Send spam, forge headers, introduce malicious code, disrupt the Services, or impose an unreasonable load.
• Collect personal information without permission, impersonate others, or track other users.
• Launder money, finance terrorism, evade sanctions or taxes, manipulate markets, fabricate transactions, or conduct unauthorized fundraising.
• Use the Services from a restricted jurisdiction, on behalf of a restricted person, or to evade Perps or Robinhood Tokens restrictions.
• Sell or transfer Account Content, manipulate metrics or rewards, or post objectionable content.
• Violate any applicable law or encourage another person to do so.

17. Reliance on Information and Third-Party Materials

Information provided through the Services is for general information only. We do not guarantee its accuracy, completeness, usefulness, or availability, and you rely on it at your own risk.

The Services may provide access to third-party content, networks, DEXs, SDKs, protocols, and infrastructure. We do not control or endorse them and are not liable for their quality, security, accuracy, reliability, or availability.

18. No Financial or Investment Advice

Boomp is not registered with or licensed by a regulatory authority and is not your financial advisor, investment manager, or commodity trading advisor. We do not provide financial, investment, tax, legal, or securities advice.

All decisions to purchase or sell digital assets, Perps, or Robinhood Tokens are yours alone. You are responsible for evaluating your knowledge, financial situation, experience, and risk tolerance.

You accept responsibility for your trading decisions and release Boomp and its affiliates from losses arising from those decisions or your use of the Services.

19. Governing Law and Binding Arbitration

These Terms are governed by New York law, without regard to conflict-of-law principles.

Disputes must first be addressed through good-faith negotiations. If a dispute is not resolved within 60 days after notice, either party may elect binding arbitration in New York, including remotely by video conference, administered by National Arbitration and Mediation in English.

The arbitrator has exclusive authority over the interpretation, applicability, enforceability, and formation of the arbitration agreement. Either party may seek injunctive or equitable relief in a court of competent jurisdiction for unlawful intellectual-property use.

20. Class Action Waiver and Waiver of Jury Trial

You and Boomp agree that claims and disputes will be litigated or arbitrated individually, not as a class or collective action. You waive your right to participate in class-wide litigation or arbitration and your right to a jury trial.

21. Limitation on Time to File Claims

Any claim arising out of or relating to these Terms or the Services must be filed within one year after it arose, or it is permanently barred.

22. Termination

We may terminate or suspend access to all or part of the Services at our discretion and without prior notice for any reason, including violation of these Terms. Upon termination, your right to use the Services immediately ceases, and Boomp is not liable for the termination.

23. Waiver and Severability

No waiver of a term or condition is a continuing waiver. If a provision is invalid, illegal, or unenforceable, it will be limited or eliminated to the minimum extent necessary and the remaining provisions will continue in effect.

24. Entire Agreement

These Terms, the Privacy Policy, and other agreements expressly incorporated by reference constitute the entire agreement between you and Boomp regarding the Services and supersede prior communications and proposals.

25. Disclaimer of Warranties / Limitation of Liability

Your use of the Services is at your own risk. The Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind. We disclaim all express and implied warranties, including merchantability, fitness, title, and non-infringement.

To the fullest extent permitted by law, Boomp, its affiliates, licensors, service providers, employees, agents, officers, and directors are not liable for damages arising from your use or inability to use the Services, including direct, indirect, special, incidental, consequential, punitive, personal, revenue, profit, business, goodwill, or data losses.

26. Taxes

You are solely responsible for determining applicable taxes and for all tax and reporting obligations arising from your digital-asset transactions and use of the Services. We do not collect, report, or remit taxes for you.

27. Information About You and Your Visits to the Services

Personal information collected through the Services is subject to our Privacy Policy. By using the Services, you consent to actions taken concerning your information in compliance with that policy.

28. Linking to the Services and Social Media Features

You may link to the Services in a fair and lawful manner that does not damage our reputation or suggest association, approval, or endorsement without written consent. We may withdraw linking permission without notice.

29. Links from the Services

The Services may contain links to third-party sites and resources for convenience. We do not control their contents and accept no responsibility for them or for losses arising from your use of them.

30. Your Comments and Concerns

Feedback, comments, technical-support requests, and other communications relating to the Services should be directed to Boomp Support through the contact information provided on the Services.