Nightflame Terms of Service

Effective Date 28 January 2026

These Terms of Service ("Terms") are a binding agreement between you ("you" or "User") and Nightflame ("Nightflame," "we," "us," or "our"). These Terms govern your access to and use of Nightflame's websites, applications, Academy token-gated content, documentation, APIs/endpoints, and related services (collectively, the "Services").

By accessing or using the Services, you acknowledge that you have read and understood these Terms and agree to be bound by them. If you do not agree to these Terms, do not access or use the Services.

Important Eligibility Restriction

The Services are provided only to individuals and entities that are not located in, residents of, domiciled in, citizens of, or accessing the Services from the United States, any member state of the European Union, the European Economic Area, or Switzerland. See Section 3 for details.

1. Nature of the Services — Educational Use Only

Nightflame provides educational content, including tutorials, articles, videos, documentation, and reference materials. Certain portions of the Services (for example, the Academy) may be "token-gated" and available only to Users who demonstrate ownership of, or a minimum balance of, specified digital assets on the Solana blockchain (e.g., SOL or an SPL token). To access token-gated areas, you may be required to connect a compatible wallet and sign a message to authenticate control of your wallet address. Nightflame does not custody your private keys, does not initiate transfers from your wallet, and does not provide wallet services. We do not provide financial, investment, legal, accounting, or tax advice, and we do not broker trades, operate an exchange, issue financial instruments, custody assets, or provide any regulated financial services. Content is offered for general informational and educational purposes only. Decisions based on information obtained from the Services are made at your sole risk.

2. Acceptance of Terms; Changes

By accessing or using the Services, you accept these Terms and the documents incorporated by reference, including our Privacy Policy and Cookie Policy (linked on the site) and any published risk disclosures (for example, our General Risk Disclosures). If you do not agree, do not use the Services. We may update these Terms from time to time. If we make material changes, we will update the "Last Updated" date at the top of these Terms and may provide additional notice where appropriate. Your continued use of the Services after the effective date of updated Terms constitutes your acceptance of the updated Terms. If you do not agree to changes, you must stop using the Services.

3. Eligibility; Geographic Restrictions

3.1 Minimum Age.

You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) to use the Services.

3.2 Residence & Access Restrictions.

The Services are available only to individuals who are not residents, citizens, domiciled in, located in, or accessing the Services from the United States, any EU Member State, the European Economic Area, or Switzerland; and to entities that are not organized, incorporated, or with a principal place of business in the United States, the EU, the EEA, or Switzerland.

3.3 Sanctions & Prohibited Jurisdictions.

You represent and warrant that you are not (i) located in, ordinarily resident in, or organized under the laws of a jurisdiction subject to comprehensive sanctions or embargoes, and (ii) not a person or entity on any sanctions list. You agree not to use VPNs, proxies, or other means to evade geographic or sanctions-related restrictions.

3.4 Truthful Declarations.

By using the Services, you affirm that you meet the eligibility requirements above. We may restrict, suspend, or terminate access if we reasonably believe you are ineligible or have misrepresented your status.

4. Access, Authentication, and Account Registration (If Applicable)

4.1 Wallet Connection; Token-Gated Access.

Some parts of the Services require you to connect a compatible Solana wallet and sign a message to prove control of a wallet address. Message signing is used for authentication and does not transfer funds. Eligibility for token-gated features is determined by checking public blockchain data (for example, your SOL balance or ownership of a specified SPL token) via Solana network infrastructure and/or third-party RPC providers. We do not guarantee that eligibility checks will be available, timely, or error-free.

4.2 Sessions; Cookies.

To maintain a logged-in/token-gated session, we may issue a secure, HttpOnly session cookie to your browser. Session cookies may expire and may be invalidated (for example, upon logout or if we detect misuse). If you block or delete cookies, you may be unable to access token-gated areas or complete certain flows. See our Cookie Policy for more information.

4.3 Discord Linking (Optional).

We may offer an option to link your Discord account using OAuth in order to provide community features or maintain Discord Role Connections metadata. If you choose to link Discord, you authorize us to receive information from Discord and to interact with Discord APIs on your behalf in accordance with your authorization and our Privacy Policy. Discord is a third-party service; we do not control Discord and are not responsible for its availability or actions (including account suspensions, role changes, or API outages).

4.4 Administrative Accounts.

Certain administrative or content management features (for example, within a CMS/admin area) may require an account with credentials. If you have such access, you agree to provide accurate information, keep it updated, and maintain the confidentiality of your credentials. You are responsible for all activity under your account and must notify us promptly of any suspected unauthorized use.

5. Educational Content; No Advice; No Client Relationship

5.1 No Advice.

Content is informational and educational only. Nothing in the Services constitutes investment, financial, legal, tax, accounting, or other professional advice or a recommendation to buy, sell, or hold any security, token, or instrument.

5.2 No Fiduciary or Client Relationship.

Your use of the Services does not create a fiduciary, advisory, or professional-client relationship with Nightflame or any contributor.

5.3 Independent Verification.

You are solely responsible for evaluating and verifying information before relying on it. Consult qualified professionals for advice tailored to your circumstances.

5.4 Risk Disclosures.

Digital assets and blockchain-based features involve significant risk. You should review any published risk disclosures we provide (including our General Risk Disclosures) and use the Services only if you understand and accept the risks.

6. Acceptable Use

You agree not to: use the Services in violation of any applicable law, regulation, or sanctions program; attempt to access the Services from, or for the benefit of persons in, the US, EU, EEA, or Switzerland; use VPNs, proxies, or other means to evade geographic, eligibility, or access restrictions; interfere with or disrupt the Services, abuse endpoints, or introduce malware or harmful code; circumvent or attempt to circumvent security or access controls, including token-gated eligibility checks or session mechanisms; impersonate or misrepresent control of a wallet address, reuse stolen signatures, or attempt to obtain or use another user's session cookies or authentication data; request, collect, or attempt to obtain private keys, seed phrases, or wallet credentials from other users, or use the Services for phishing or other deceptive practices; copy, scrape, index, or harvest content at scale (e.g., via bots) without our prior written permission; reverse engineer or decompile any portion of the Services except where permitted by law; infringe intellectual property or privacy rights, or post unlawful, defamatory, or abusive content. We may investigate and take any action we deem appropriate, including suspension or termination.

7. Intellectual Property; License to You

7.1 Ownership.

The Services, including text, graphics, videos, documentation, and other materials, are owned by Nightflame or our licensors and are protected by copyright and other IP laws.

7.2 License.

Subject to your compliance with these Terms, Nightflame grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for personal, non-commercial, educational purposes.

7.3 Restrictions.

Except as explicitly allowed, you may not reproduce, distribute, publicly display, or create derivative works from the Services without our prior written consent. Where specific content is provided under a separate license (e.g., an open-source license), that license will govern.

8. User Content; Feedback

8.1 User Content.

If the Services allow uploading or posting materials (“User Content”), you represent you have the necessary rights to do so and that your User Content complies with these Terms and applicable law. You grant Nightflame a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and display your User Content in connection with operating and improving the Services.

8.2 Feedback.

If you provide suggestions, comments, or ideas (“Feedback”), you grant Nightflame a perpetual, irrevocable, worldwide, royalty-free license to use the Feedback without restriction or obligation to you.

9. Third-Party Content and Links

The Services may reference, link to, embed, or integrate third-party sites, content, tools, or resources (for example, wallet providers, the Solana blockchain and related network infrastructure/RPC providers, Discord, and embedded media such as YouTube or X/Twitter widgets). Nightflame does not endorse or control third-party content and is not responsible for its availability, accuracy, security, or practices (including third-party cookies or tracking). Your interactions with third parties are solely between you and them, and may be governed by their own terms and policies.

10. Privacy

Your use of the Services is subject to our Privacy Policy and Cookie Policy (linked on the site), which explain how we collect, use, and share information (including information related to wallet authentication, token-gated sessions, and optional third-party account linking). Where required, we process data in accordance with applicable non-US/non-EU/EEA/Swiss laws. Do not use the Services if you do not agree with the Privacy Policy and Cookie Policy.

11. Changes, Availability, and Beta Features

We may add, modify, or discontinue features without notice. This includes changes to token-gated eligibility criteria (for example, required assets, minimum balances, supported token standards, or supported networks), and we may restrict access if you no longer meet eligibility requirements. We may offer preview or beta features labeled as such; beta features are provided "as is," may be unstable, and may be withdrawn at any time.

12. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR QUIET ENJOYMENT. Nightflame does not warrant that the Services will be uninterrupted, error-free, secure, or free of harmful components, or that content will be accurate or current. Without limiting the foregoing, Nightflame does not warrant the availability, performance, or security of any blockchain network, wallet software, third-party RPC provider, or third-party integration (including Discord or embedded media). Blockchain data and third-party services may be delayed, inaccurate, unavailable, or subject to outages or changes outside our control.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIGHTFLAME AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR USE; OR COSTS OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIGHTFLAME’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF: (A) USD $100; OR (B) THE AMOUNT YOU PAID (IF ANY) FOR ACCESS TO THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE 12 MONTHS PRECEDING THE EVENT FIRST GIVING RISE TO LIABILITY. For clarity, Nightflame will not be liable for losses arising from your use of, or inability to use, blockchain networks, wallets, private key management, signature prompts, or third-party services (including Discord), except to the extent such liability cannot be excluded under applicable law. Some jurisdictions do not allow certain disclaimers or limitations; in such cases, the above will apply to the maximum extent permitted.

14. Indemnification

You agree to defend, indemnify, and hold harmless Nightflame and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms or any law; (c) your User Content; or (d) your infringement or misappropriation of any third-party rights.

15. Export Controls; Anti-Circumvention

You must comply with all applicable export control and sanctions laws. You may not access or use the Services if doing so would cause Nightflame to violate applicable sanctions or export laws. You may not use technical means (e.g., VPNs, proxies) to circumvent geographic or eligibility restrictions set forth in these Terms.

16. Suspension and Termination

We may suspend or terminate your access to the Services at any time, with or without notice, including if we reasonably believe you are ineligible (Section 3), violate these Terms, attempt to bypass token-gated eligibility, or present a risk to the Services or other users. We may invalidate token-gated sessions, revoke access to gated content, and/or disconnect third-party links (such as Discord) as part of suspension or termination. Upon termination, Sections intended to survive (including 1, 5, 7–19) will survive.

17. Governing Law; Dispute Resolution; Class Action Waiver

17.1 Governing Law.

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by the laws of the British Virgin Islands (BVI), without regard to conflict-of-laws principles.

17.2 Arbitration.

Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services (collectively, “Disputes”), shall be finally resolved by binding arbitration administered by an internationally recognized arbitral institution seated in the BVI, conducted in English, before a single arbitrator. The arbitral award shall be final and binding and may be entered and enforced in any court of competent jurisdiction.

17.3 Injunctive Relief.

Notwithstanding 17.2, either party may seek temporary or preliminary injunctive relief in any court of competent jurisdiction to protect its rights pending arbitration.

17.4 Class Action Waiver.

You and Nightflame agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

18. Electronic Communications; Notices

By using the Services, you consent to receive communications from us electronically. We may provide notices by posting within the Services, by email to the address associated with your account (if any), or by other reasonable means. Legal notices to Nightflame should be sent to the contact specified on the site.

19. Miscellaneous

19.1 Entire Agreement.

These Terms (and documents incorporated by reference, including our Privacy Policy, Cookie Policy, and any published risk disclosures such as our General Risk Disclosures) constitute the entire agreement between you and Nightflame regarding the Services and supersede all prior agreements or understandings.

19.2 Severability.

If any provision is found unenforceable, it will be severed or modified to the minimum extent necessary, and the remainder will remain in full force and effect.

19.3 No Waiver.

Failure to enforce any provision is not a waiver of that provision or any other.

19.4 Assignment.

You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without Nightflame’s prior written consent. We may assign these Terms freely, including to an affiliate or in connection with a merger, acquisition, or asset sale.

19.5 Force Majeure.

Nightflame is not liable for any delay or failure to perform due to events beyond our reasonable control, including acts of God, labor disputes, war, terrorism, civil disturbances, internet outages, power failures, or governmental actions.

19.6 Headings; Interpretation.

Headings are for convenience only and do not affect interpretation. “Including” means “including without limitation.”

19.7 Language.

These Terms are prepared in English. Any translation is for convenience only; the English version controls.

20. Contact

If you have questions about these Terms or eligibility restrictions, contact us at: Email: legal@nightflame.xyz