1. Introduction & restricted jurisdictions
These Terms of Use, together with our Privacy Policy (together, the “Terms”), constitute the agreement between you and Cardencer SAS, a Société par actions simplifiée registered under RCS Marseille 101 350 494 (SIRET 101 350 494 00015), with its registered office at 15 rue Pierre Laurent, 13006 Marseille, France (“Cardencer”, “we”, “us”), concerning your use of the Tokon mobile application (the “Services”), excluding any third-party materials, technology, smart contracts or applications.
The Services are not offered to individuals or entities who reside in, are citizens of, are located in, are incorporated in, or have their registered office in any country or region subject to sanctions under the laws of the European Union, France, the United Kingdom, the United States or the United Nations — including, without limitation, the Crimea region, Cuba, Donetsk, the Democratic Republic of the Congo, Iran, Libya, Luhansk, Myanmar (Burma), North Korea, Sudan, Venezuela and Yemen — or any jurisdiction where transacting in crypto-assets is prohibited or restricted (the “Restricted Jurisdictions”), nor to any person listed on, owned or controlled by a person listed on, a sanctions list (“Restricted Persons”). If you are a Restricted Person, you must not use the Services. Using a VPN or any other mechanism to circumvent these restrictions is strictly prohibited.
If you reside in the United States, please be aware that these Terms include a binding arbitration agreement and a waiver of class actions and jury trials (Section 23), which affect how disputes between you and us are resolved.
The Services give access to third-party materials, such as decentralized exchanges (“DEXs”), smart contracts, wallet infrastructure and payment providers. We do not control these third-party services and their own terms apply to your use of them.
2. Eligibility & representations
Throughout your use of the Services, you represent and warrant that:
- you are at least 18 years old and have the legal capacity to enter into these Terms;
- you are not a Restricted Person and you are not located in, and do not use the Services from, a Restricted Jurisdiction;
- your funds do not come from, and are not connected to, any illegal or unauthorized source;
- you have the right to carry out every transaction you make through the Services;
- you use the Services on your own behalf and not on behalf of a third party.
3. Changes to these Terms
We may revise these Terms. We will inform you in the Services of material changes before they take effect. Continuing to use the Services after a change takes effect means that you accept the revised Terms; if you do not, you may delete your account at any time.
4. Changes to the Services
We may update, restrict, suspend or withdraw all or part of the Services — including the networks, tokens or features available — at any time, in particular for maintenance, security or legal reasons. Content in the Services may be out of date at any given time.
5. Account security
You are responsible for the security of the account you sign in with (email address, Apple or Google account) and of your device: anyone who controls them may be able to control your wallet. We are not responsible for losses resulting from the loss, theft or disclosure of your credentials, or from unauthorized access to your email account, Apple ID or Google account.
6. Usernames, profiles & account content
Your username, profile and any account-identifying content (“Account Content”) are made available to you on a revocable, non-exclusive and non-transferable basis; you do not acquire any property right in a username. We may reclaim, rename or modify a username or Account Content — in particular in case of impersonation, infringement of third-party rights, offensive content, prolonged inactivity or a dispute — and suspend accounts that breach this section. You may not sell, trade, transfer or otherwise commercialize a username or Account Content; any such transfer is void.
7. Use of the Services
The Services let you create a digital wallet (the “Wallet”) to hold, swap, send and receive crypto-assets on the Solana blockchain, and to share your activity with other users. Your Wallet is generated and managed by Privy, a third-party wallet infrastructure provider.
Your Wallet is non-custodial: we never hold your funds or your private keys, and we cannot move, freeze, recover, reverse or refund your crypto-assets or any blockchain transaction.
You acknowledge that (i) the transactions you initiate occur on third-party infrastructure using third-party technologies (such as pump.fun, PumpSwap and Jupiter); (ii) the Services are an interface to that infrastructure, which prepares transactions that you sign; and (iii) the Services are not a DEX, exchange, broker or custodian, and are not a party to your trades. Before you send funds, check the address: crypto-assets sent to a wrong address cannot be recovered.
You can export your Wallet's private key at any time from the App (Portfolio › Settings › Export private key), on our export page. The key is displayed to you by Privy in a secure window; we never see it. You are solely responsible for safeguarding any private key you view or export, and for the risks of storing, copying or transmitting it.
8. Fees
Your use of the Services may involve two separate categories of fees: fees charged by Cardencer, and fees and costs imposed by third parties when your transactions are executed.
- Tokon fees. Cardencer currently charges 1% on each swap (buy or sell), deducted from the swap, and a fixed fee of $0.30 on each transfer to another address. The fee that applies to a transaction is displayed before you confirm it. We may change our fees at any time; the fee displayed when you confirm a transaction is the one that applies to it.
- Third-party fees and costs. Because transactions are executed and settled on-chain, you may incur costs that Cardencer neither charges, receives nor controls, such as network fees, liquidity pool fees, the refundable account deposit some first purchases require, and the difference between the expected and the actual execution price. Where practicable we show estimates in the Services, without guaranteeing them.
9. Card purchases
Buying crypto-assets with a card, Apple Pay or a bank account is provided by MoonPay under its own terms and privacy policy. MoonPay may ask you to create an account and verify your identity. Cardencer is not a party to that purchase and does not receive your payment details.
10. Leaderboards, rankings & performance metrics
The Services display leaderboards, rankings, profit-and-loss and other performance indicators (“Metrics”), calculated from the on-chain trades of the wallets created in the Services. You agree not to manipulate or artificially inflate any Metrics, including through wash trading, selective token transfers between wallets, coordinated activity with other accounts or the exploitation of a technical feature. We may disqualify, adjust, recalculate or reset any Metrics, change the way they are calculated, and suspend accounts involved in manipulation.
11. Community conduct & content moderation
The Services include social features. Your username, posts, follows, the trades made with your Wallet and your ranking are visible to other users. You keep the rights to your posts and grant us a non-exclusive, worldwide, royalty-free licence to display them in the Services. You agree not to post content that:
- is obscene, pornographic, sexually explicit or depicts a minor;
- is harassing, threatening, bullying or abusive toward any person or group;
- promotes hatred, discrimination or violence;
- impersonates any person or entity, or misrepresents your affiliation with them;
- discloses personal or confidential information of another person without their consent;
- is fraudulent, deceptive or misleading, or promotes scams or market manipulation;
- infringes intellectual property or other rights of any party.
We may, without being obliged to, review and moderate content. We may issue warnings, remove content, and temporarily or permanently suspend accounts that breach these Terms. You can report content to contact@cardencerit.com.
12. Prohibited uses
You agree not to, and not to allow others to:
- use the Services for money laundering, terrorist financing, fraud, sanctions evasion or any other illicit activity;
- engage in market manipulation, such as pump-and-dump schemes, wash trading, self-trading, front-running or spoofing;
- use bots, scripts or other automated means to create accounts, post content, execute trades or interact with the Services;
- scrape, crawl or otherwise extract data from the Services without our prior written consent;
- access non-public areas of the Services, probe or test their vulnerability, or circumvent any security measure;
- introduce viruses or other malicious code, or interfere with the proper working of the Services;
- impersonate Cardencer, our staff, another user or any other person;
- collect personal information about other users without their consent;
- send spam or unsolicited promotional content;
- use the Services from a Restricted Jurisdiction or on behalf of a Restricted Person;
- use the Services in breach of any applicable law or regulation.
13. Risks
- Crypto-assets, and memecoins in particular, are extremely volatile. Their price can fall to zero and you can lose all the money you put in. Only trade what you can afford to lose.
- Anyone can create a token, including people acting in bad faith. Tokens still on their bonding curve may never graduate and may become impossible to sell at a fair price.
- Prices can move between your quote and the execution of your trade, within the slippage shown; beyond it, the trade fails and you keep your funds.
- Blockchains, smart contracts and third-party protocols can fail, be congested or be exploited. We do not control them.
14. No financial or investment advice
Cardencer is not a bank, an investment firm or a crypto-asset service provider, and is not registered with or licensed by any financial regulatory authority. We do not act as your financial adviser and we do not provide investment, financial, tax or legal advice. Nothing in the Services — including trending lists, leaderboards, posts from other users or price data — is a recommendation. All decisions to buy or sell crypto-assets are yours alone, and it is your responsibility to understand the assets you trade and the risks involved.
15. Reliance on information & third-party materials
Information in the Services, including prices, charts and token data provided by third parties, is for general information only and may be inaccurate or delayed. The Services rely on third-party services (Privy, MoonPay, blockchain networks, swap protocols and data providers) whose availability and operation are outside our control. Links to third-party websites are provided for convenience; we are not responsible for their content.
16. Intellectual property
The Services and their content, features and design, and the Cardencer and Tokon names and logos, are the property of Cardencer SAS or its licensors and are protected by intellectual property laws. You may use the Services for personal, non-commercial use only. You may not copy, modify, distribute, decompile or reverse engineer them, or use our marks, without our prior written permission.
17. Feedback
If you send us feedback or suggestions about the Services, you agree that we may use them freely and without compensation to improve our products.
18. Taxes
You are solely responsible for determining and paying any taxes that apply to your crypto-asset transactions, and for any related reporting obligations. We do not collect, report or remit taxes on your behalf.
19. Account deletion & termination
You can delete your account at any time in the Services (Portfolio › Settings › Delete account). Your Wallet is deleted with your account and cannot be recovered afterwards: send your funds to another wallet first. We may suspend or terminate your access to the Services if you breach these Terms or the law, if we suspect fraudulent or illegal activity, or where required by an authority.
20. 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. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE.
TO THE FULLEST EXTENT PERMITTED BY LAW, CARDENCER SAS, ITS AFFILIATES, OFFICERS, EMPLOYEES AND SERVICE PROVIDERS (THE “COMPANY PARTIES”) ARE NOT LIABLE FOR TRADING LOSSES, FOR CHANGES IN THE VALUE OF CRYPTO-ASSETS, FOR THE FAILURE OF BLOCKCHAINS OR THIRD-PARTY SERVICES, FOR LOSSES RESULTING FROM THE COMPROMISE OF YOUR CREDENTIALS, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE OR DATA. TO THE SAME EXTENT, THE COMPANY PARTIES' TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF THE CARDENCER FEES YOU PAID IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AND ONE HUNDRED U.S. DOLLARS (US$100).
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law — including liability for gross negligence, wilful misconduct or personal injury, and your statutory rights as a consumer in the European Union or elsewhere.
21. Indemnification
To the extent permitted by law, you agree to indemnify and hold harmless the Company Parties from any claims, losses, damages and expenses (including reasonable legal fees) arising from your breach of these Terms, your violation of any law or of the rights of a third party, or content you post through the Services.
22. Governing law & disputes
If you reside outside the United States, these Terms are governed by French law. In the event of a dispute, please first contact us at contact@cardencerit.com; we will seek an amicable solution within sixty (60) days. If you are a consumer, you may also refer the dispute free of charge to our consumer mediator: Medicys, 73 Boulevard de Clichy, 75009 Paris, France — www.medicys.fr — contact@medicys.fr. Failing an amicable solution, the dispute will be submitted to the competent courts of Marseille, France, subject to the mandatory rules that protect consumers in their country of residence.
If you reside in the United States, these Terms are governed by the laws of the State of New York, without regard to its conflict of law principles, and the Federal Arbitration Act governs the arbitration agreement in Section 23.
23. U.S. users: binding arbitration & class action waiver
This section applies only if you reside in the United States.
- Informal resolution. Before starting an arbitration, you agree to send us a written notice of your dispute at contact@cardencerit.com, and we agree to try in good faith to resolve it with you within sixty (60) days.
- Binding arbitration. If the dispute is not resolved within sixty (60) days, any dispute, claim or controversy arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by National Arbitration and Mediation (NAM) under its rules for consumer disputes, conducted in English, remotely by video conference or in the county where you reside. Arbitration fees are allocated according to those rules. The arbitrator decides any question about the interpretation, scope or enforceability of this arbitration agreement, and the award may be entered in any court having jurisdiction.
- Exceptions. Either party may bring an individual claim in small claims court, or seek injunctive relief in court for the infringement of intellectual property rights.
- Class action and jury trial waiver. You and Cardencer SAS agree that claims may only be brought on an individual basis, and not as a plaintiff or class member in any class, collective or representative action. You and Cardencer SAS waive any right to a jury trial.
- Time to file. To the extent permitted by law, any claim must be filed within one (1) year after it arose; otherwise it is permanently barred.
- Opt-out. You may opt out of this arbitration agreement by emailing contact@cardencerit.com within thirty (30) days of first accepting these Terms, with your name, the email address of your account and a statement that you opt out of arbitration.
- Severability. If the class action waiver is found unenforceable for a claim, this arbitration agreement does not apply to that claim, which will be heard in the state or federal courts located in New York.
24. General provisions
If any provision of these Terms is held invalid, the remaining provisions remain in full force. Our failure to enforce a provision is not a waiver of it. These Terms are the entire agreement between you and Cardencer SAS concerning the Services.
25. Personal data
We process personal data in accordance with our Tokon Privacy Policy.
26. Contact
Cardencer SAS
15 rue Pierre Laurent, 13006 Marseille, France
contact@cardencerit.com