Poof Terms of Service

1. Definitions

• "Content" means all data, text, code, images, audio, video, or other materials submitted to, generated through, or displayed via the Services by You.
• "Credits" means the units, whether purchased by You or awarded to You by Poof (e.g., through promotions, a badge system, or as part of a free tier), that are required to access or use certain features of the Services, including running Tasks.
• "Customer Data" means Content (as defined below) that You or Your end-users submit to or generate with the Services that could reasonably identify You or an end-user or that is not intended to be publicly available.
• "Generated Code" means any source code, bytecode, configuration, script, policy, or other output produced by the Services based on Your inputs or configurations, including preview builds and production deployments.
• "Poof" means Tarobase, Inc., a Delaware corporation.
• "Poof IP" means the Services, the underlying technology, and all intellectual property rights therein, including any Poof-provided code or materials, the Poof Policy Language, and the onchain interpreter program, but excluding Your Content, Generated Code, and User Applications.
• "Poof Policy Language" means the proprietary policy language and its corresponding bytecode format developed by Poof, used to create onchain programs deployable through the Services.
• "Preview Services" means any alpha, beta, experimental, or pre‑release feature or environment of the Services identified as such.
• "Secrets" means any private credentials, such as API keys, private keys, or other sensitive information, that You provide to the Services for use with Your User Applications.
• "Task" means an individual computational process, operation, or AI-driven generation initiated by You or Your User Application through the Services, often in response to a user prompt or API call, which consumes Credits. Multiple Tasks may result from a single user interaction or prompt.
• "Usage Data" means aggregated, de-identified, or anonymized information and telemetry about Your use of the Services (e.g., page-views, API-call metadata, error rates), which Poof may use for analytics and product improvement.
• "User Application" means any website, application, software, smart contract, API, or other digital product or service developed, deployed, hosted, or managed by You using the Services, including any such application made available on a `poof.new` subdomain or any other domain connected via the Services.

2. Eligibility and Accounts

You must be at least 18 years of age and legally competent to enter into a binding contract to use the Services. If You are using the Services on behalf of an organization, You represent and warrant that You have the authority to bind that organization to these Terms. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding Your account credentials and for all activities that occur under Your account, whether or not authorized by You. You must notify Poof immediately of any unauthorized use of Your account. Poof may suspend or terminate accounts at any time for any or no reason, in its sole discretion.

3. Acceptance Method (Click‑Wrap)

Access to and use of the Services requires Your affirmative acceptance of these Terms, typically via a click‑wrap agreement presented during account creation, first use, or purchase of Credits. Poof may record a time‑stamped log of each acceptance, which shall constitute conclusive evidence of Your agreement to these Terms. By using the Services, you also agree to the Poof Privacy Policy, which is incorporated by reference into these Terms. All information we collect is handled in accordance with that policy.

4. License to Use Services

Subject to Your continuous compliance with these Terms, Poof grants You a limited, revocable, non‑exclusive, non‑transferable, non‑sublicensable license to access and use the Services (including any purchased or awarded Credits) solely for Your internal business purposes to create, test, deploy, and manage Your User Applications.

5. User Content, Generated Code, and User Applications

6. Management of Onchain Programs and User Secrets

7. Custom Domains

You may have the option to connect a custom domain name to your User Application. You are solely responsible for lawfully acquiring and maintaining Your domain name and for correctly configuring your DNS settings as directed by Poof. You represent and warrant that you have the right to use Your chosen domain name and that it does not infringe on the rights of any third party. Poof is not responsible for any issues arising from the expiration, loss, or mismanagement of Your domain name.

8. Preview Services

Preview Services are provided "AS IS" and "AS AVAILABLE," without any warranties, support, uptime commitments, security guarantees, or indemnity obligations of any kind. Poof may change, deprecate, or discontinue Preview Services at any time without notice and shall have no liability for any harm or damage arising out of or in connection with Your use of Preview Services. You use Preview Services at Your own risk.

9. Fees, Payment, and Credits

10. Prohibited Conduct and Acceptable Use

You agree not to, and not to permit or enable others to, use the Services or deploy any User Application or Content that:

• Violates any applicable local, state, national, or international law or regulation.
• Infringes upon or violates any patent, trademark, trade secret, copyright, right of publicity, privacy right, or other proprietary or intellectual property right of any party.
• Uploads, transmits, or distributes any computer viruses, worms, Trojan horses, malware, spyware, or any other malicious or harmful code or software.
• Attempts to reverse‑engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas or algorithms of the Services or Poof IP, except to the extent permitted by applicable law.
• Interferes with, disrupts, or creates an undue burden on the Services or the networks or services connected to the Services, or attempts to gain unauthorized access to the Services, other users' accounts, or Poof's systems or networks.
• Is used to develop, deploy, host, or promote any User Application or Content that: (i) is unlawful, illegal, fraudulent, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, pornographic, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; (ii) facilitates or promotes illegal activities, including but not limited to scams (such as "rug pulls"), phishing, pyramid schemes, illegal gambling, or the distribution of malware; (iii) is deceptive or misleading, including misrepresenting Your identity or the purpose, nature, or risks of Your User Application; (iv) exploits, harms, or attempts to exploit or harm minors in any way; or (v) promotes or facilitates violence, terrorism, or hate speech.
• Uses the Services, including its AI capabilities, to intentionally generate, attempt to generate, or disseminate content that violates these Terms or is otherwise harmful, unethical, or malicious, including through crafted prompts or inputs designed to bypass safety measures.
• Exceeds any usage limits, quotas (including Credit limits for free tiers), or fair use policies specified by Poof.
• Is used for crypto-mining without Poof's express prior written consent.
• Sends unsolicited advertising or promotions (spam).
• Abuses any free Credit, promotional offer, or badge system provided by Poof.
• Attempt to extract, download, or otherwise obtain source weights, embeddings, or proprietary model parameters of the Services' underlying AI systems.
• Present AI-generated output as being authored solely by a human without reasonable disclosure that AI was used, where such disclosure is legally required.
• Use the Services or any AI output in violation of U.S. export-control or sanctions laws, including but not limited to downloading model weights to a sanctioned jurisdiction.

Poof reserves the right, but has no obligation, to monitor User Applications and Content. Poof may, in its sole discretion, investigate any suspected violation of these Terms, remove or disable access to any Content or User Application, suspend or terminate Your access to the Services (including the ability to run Tasks or use Credits), or take other appropriate action, including reporting to law enforcement authorities, with or without prior notice to You.

11. Intellectual Property

12. Feedback

If You provide Poof with any suggestions, ideas, improvements, or other feedback regarding the Services ("Feedback"), You acknowledge that such Feedback is voluntary and non-confidential. You grant Poof a worldwide, perpetual, irrevocable, royalty-free, fully paid-up license to use, reproduce, modify, distribute, and otherwise exploit such Feedback in any manner and for any purpose, without restriction or compensation to You.

13. Disclaimer of Warranties

THE SERVICES, POOF IP, CONTENT (OTHER THAN YOUR CONTENT FOR WHICH YOU ARE RESPONSIBLE), AND GENERATED CODE ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POOF AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON‑INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. POOF MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR‑FREE, SECURE, OR THAT DEFECTS WILL BE CORRECTED. POOF MAKES NO WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE SERVICES OR ANY USER APPLICATIONS HOSTED THEREON.

SPECIFICALLY, AND WITHOUT LIMITING THE FOREGOING, POOF MAKES NO WARRANTY REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, SUITABILITY, OR AVAILABILITY OF ANY OUTPUTS, CONTENT, OR INFORMATION GENERATED BY OR THROUGH THE AI FEATURES OF THE SERVICES (INCLUDING GENERATED CODE OR RESPONSES TO TASKS). YOU ACKNOWLEDGE THAT AI-GENERATED CONTENT MAY CONTAIN ERRORS, BIASES, INACCURACIES, OR INCOMPLETE INFORMATION, AND THAT THE EXECUTION OF TASKS MAY NOT ALWAYS YIELD THE EXPECTED OR DESIRED RESULTS. YOU USE ALL SUCH AI-GENERATED OUTPUTS AND THE TASK EXECUTION FUNCTIONALITY AT YOUR OWN DISCRETION AND SOLE RISK.

AI-GENERATED CONTENT AND CODE ARE PRODUCED PROBABILISTICALLY AND MAY BE NON-UNIQUE, INACCURATE, INFRINGING, OR UNSAFE. YOU MUST REVIEW AND TEST ALL AI-GENERATED OUTPUT BEFORE RELYING ON IT.

YOU ACKNOWLEDGE THAT YOU USE THE SERVICES (INCLUDING ANY CREDIT-BASED FEATURES AND TASK EXECUTIONS) AND DEPLOY USER APPLICATIONS AT YOUR OWN DISCRETION AND SOLE RISK.

POOF EXPRESSLY DISCLAIMS ANY FIDUCIARY OR CUSTODIAL DUTIES WITH RESPECT TO DIGITAL-ASSET WALLETS OR BLOCKCHAIN TRANSACTIONS, EXCEPT FOR THE LIMITED TECHNICAL FACILITATION ROLE DESCRIBED IN SECTION 6.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL POOF, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES) ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, POOF IP, CONTENT, GENERATED CODE, USER APPLICATIONS, OR CREDITS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT POOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY DAMAGES ARISING FROM: (I) THE FAILURE OF ANY TASK TO COMPLETE SUCCESSFULLY OR PRODUCE A DESIRED OUTCOME; (II) THE CONSUMPTION OF CREDITS FOR TASKS, REGARDLESS OF THEIR SUCCESS OR FAILURE; (III) ERRORS, INACCURACIES, OR FAILURES OF AI-GENERATED OUTPUTS; OR (IV) ISSUES RELATED TO PAYMENT PROCESSING OR CREDIT ALLOCATION NOT DIRECTLY AND SOLELY CAUSED BY POOF'S GROSS NEGLIGENCE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POOF'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (USD $100.00) OR (B) THE TOTAL AMOUNTS PAID BY YOU TO POOF FOR PURCHASED CREDITS OR OTHER PAID SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. FOR CLARITY, AMOUNTS RELATED TO PROMOTIONAL CREDITS OR FREE TIER USAGE DO NOT COUNT TOWARDS THIS LIMITATION.

THESE LIMITATIONS OF LIABILITY APPLY EVEN IF THE REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

13. Indemnification

You will defend, indemnify, and hold harmless Poof, its affiliates, and their respective directors, officers, employees, and agents (collectively, the "Poof Indemnitees") from and against any and all claims, actions, demands, suits, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of or related to: (a) Your Content, Generated Code, or User Applications, including but not limited to any allegation or claim that Your Content, Generated Code, or User Applications, or the access or use thereof by Poof or any third party, infringes any intellectual property right, violates any privacy right, breaches any contract, violates any applicable law, or causes harm, financial loss, or damage to a third party (including Your end-users); (b) Your access to or use of the Services (including Your use of Credits and execution of Tasks) in violation of these Terms or in a manner not contemplated by Poof; (c) Your violation of these Terms or any applicable law or regulation; (d) Your negligence, willful misconduct, or fraud; or (e) any dispute, controversy, or claim between You and any third party, including Your end-users, concerning Your User Applications or Your use of the Services. Poof reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with Poof in asserting any available defenses.

14. Termination and Suspension

Poof may suspend or terminate Your access to the Services, Your account, Your ability to use Credits, or the hosting of any of Your User Applications, in whole or in part, at any time, with or without notice, for any reason or no reason in its sole discretion, including but not limited to Your violation of these Terms (including any Prohibited Conduct) or if Poof believes that Your use of the Services poses a security risk, may harm Poof or other users, or may subject Poof or any third party to liability.

You may terminate Your account and these Terms at any time by ceasing all use of the Services and notifying Poof.

Upon termination or expiration of these Terms for any reason: (a) Your right to access and use the Services (including any licenses granted to You herein and the right to use any Credits) will immediately cease; (b) You must promptly cease all use of the Services and delete any Poof IP in Your possession or control; (c) Poof may, in its discretion, delete Your account, Content, Generated Code, and User Applications, although Poof may retain copies as required by law or for legitimate business purposes (such as archival or backup). Any fees owed to Poof prior to termination will remain due and payable.

If Your account or access to the Services is terminated by Poof due to Your violation of these Terms (i.e., for cause), You will forfeit any remaining Purchased Credits and Promotional Credits, and You will not be entitled to any refund or compensation for such Credits, unless otherwise required by applicable law.

The following Sections will survive termination or expiration of these Terms: 1 (Definitions, to the extent necessary for interpretation), 5 (User Content, Generated Code, and User Applications - specifically Your responsibilities, Poof's licenses to the extent necessary for post-termination activities, and Poof's disclaimers regarding Your creations), 7 (Fees, Payment, and Credits, for amounts owed, Poof's discretion and rules regarding past credit use and potential refunds if applicable), 8 (Prohibited Conduct and Acceptable Use, regarding the nature of past conduct), 9 (Intellectual Property), 10 (Feedback), 11 (Disclaimer of Warranties), 12 (Limitation of Liability), 13 (Indemnification), 14 (effects of termination, including forfeiture of credits), 15 (Modifications to Terms or Services, regarding future changes if you re-engage), 16 (Arbitration; Class Action Waiver), 17 (Governing Law), 18 (Limitation on Claims), 19 (Force Majeure), 20 (Assignment), 21 (Severability), 22 (Entire Agreement), 23 (Waiver; Remedies), 24 (Reporting Violations and Copyright Infringement), and 25 (Contact).

15. Modifications to Terms or Services

Poof reserves the right to modify these Terms or the Services (including features, functionality, pricing, and the Credit system) at any time in its sole discretion. If Poof makes material changes to these Terms, Poof will provide notice, such as by posting the revised Terms on the Site, sending an email to the address associated with Your account, or through other communications. Your continued access to or use of the Services after such changes become effective constitutes Your acceptance of the revised Terms. If You do not agree to the revised Terms, You must stop using the Services.

16. Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Any dispute, claim, or controversy 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") will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in Wilmington, Delaware, USA, under its Commercial Arbitration Rules then in effect, except as modified herein. The arbitration will be conducted by a single arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

YOU AND POOF 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, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both You and Poof agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class, collective, representative, or private attorney general proceeding.

This arbitration provision shall survive termination of these Terms. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

17. Governing Law

These Terms and any action related thereto will be governed by the laws of the State of Delaware, USA, without regard to its conflict of laws provisions. Subject to Section 16 (Arbitration), the exclusive jurisdiction for all Disputes that You and Poof are not required to arbitrate will be the state and federal courts located in Wilmington, Delaware, and You and Poof each waive any objection to jurisdiction and venue in such courts.

18. Limitation on Claims

You agree that any claim or cause of action arising out of or related to Your use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose; otherwise, such claim or cause of action is permanently barred, notwithstanding any statute or law to the contrary.

19. Force Majeure

Poof will not be liable for any delay or failure to perform its obligations under these Terms due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

20. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Poof's prior written consent. Any attempt by You to assign or transfer these Terms without such consent will be null and void. Poof 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.

21. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision will be modified to the extent necessary to render it enforceable while achieving the original intent as closely as possible, or if modification is not possible, it will be severed from these Terms, and the remaining provisions will remain in full force and effect.

22. Entire Agreement

These Terms, together with any other agreements or policies expressly incorporated by reference (such as a Privacy Policy, which You should also review), constitute the entire and exclusive understanding and agreement between You and Poof regarding Your use of and access to the Services, and supersede all prior and contemporaneous oral or written understandings, communications, or agreements between You and Poof regarding such subject matter.

23. Waiver; Remedies

Poof'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 Poof. 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.

26. Reporting Violations and Copyright Infringement

27. Contact Information

All legal notices or other communications required or permitted to be given to Poof under these Terms should be in writing and sent to founders@poof.new. For general inquiries, support, or questions about Credits and payments, please use the support channels available on the Poof Site or contact founders@poof.new.