Effective Date: October 28, 2025
Last Updated: October 28, 2025

1. Acceptance of Terms

By accessing or using the STONKD platform (the “Service”), including the website, mobile or web applications, and related services (collectively, the “Platform”), you (“User”, “you”, or “your”) agree to be bound by these Terms & Conditions (“Terms”). If you do not agree to these Terms, you must not access or use the Platform. Use of the Platform constitutes your acceptance of these Terms.

2. Eligibility

You must be at least 18 years old (or the legal age in your jurisdiction) and capable of forming a binding contract to use the Platform. Users under the legal age must have consent of a parent or legal guardian. The Platform is not offered to individuals barred from participation under applicable laws.

3. Account Registration & Security

You must provide accurate, current, and complete information when registering. You are responsible for maintaining the security of your account (username, password, etc.) and for all activities under your account. STONKD may suspend or terminate accounts if fraudulent, abusive, or illegal activity is detected.

4. License & Intellectual Property

STONKD grants you a limited, non‑exclusive, non‑transferable, non‑sublicensable license to access and use the Platform for your personal, non‑commercial use, subject to compliance with these Terms. All rights, title and interest in and to the Platform (including software, designs, databases, trademarks) are owned by STONKD or its licensors. You may not copy, modify, distribute, sell, lease, reverse‑engineer or create derivative works of the Platform. If you submit content (e.g., lineup picks, comments, media) (“User Content”), you retain ownership but grant STONKD a worldwide, royalty‑free, perpetual license to use, reproduce, and display it.

5. Prohibited Conduct

You agree not to participate in unlawful, fraudulent, or manipulative activities; attempt to hack, reverse‑engineer or interfere with the Platform’s integrity; submit defamatory or infringing content; or transfer your account credentials to a third party.

6. Fantasy Game Mechanics & Prizes

The Platform may offer contests or games (“Contests”) where Users select portfolios, lineups or other virtual assets. Prizes are subject to Contest Rules specifying eligibility, scoring, and prize obligations. STONKD reserves the right to investigate and disqualify Users for cheating or violations. You acknowledge the inherent risk and entertainment nature of the game.

7. Fees & Payments

Some features may require payment. You must provide valid payment information and are responsible for associated fees. Payments are non‑refundable except as required by law or at STONKD’s discretion.

8. Disclaimer of Warranties

The Platform is provided “as is” without any warranty. STONKD disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non‑infringement.

9. Limitation of Liability

STONKD shall not be liable for indirect, incidental, or consequential damages or any loss of profits, data, or goodwill. STONKD’s aggregate liability shall not exceed the amount paid by you to STONKD in the 12 months preceding the claim.

10. Indemnification

You agree to defend and hold harmless STONKD and its affiliates from any claims arising from your breach of these Terms, your content, or your use of the Platform.

11. Termination

STONKD may suspend or terminate access at any time for violation of these Terms or inactivity. Upon termination, rights to use the Platform cease immediately.

12. Third-Party Services

We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third- Party Services”).

You acknowledge and agree that Stonkd shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Stonkd does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

13. Updates to Terms

STONKD may modify these Terms periodically. Continued use constitutes acceptance of updated Terms.

14. Privacy & Data

Your use of the Platform is governed by STONKD’s Privacy Policy, detailing data collection and use. If you disagree, you must discontinue use.

15. Dispute Resolution & Governing Law

These Terms are governed by the laws of [Your State/Country]. Disputes may be resolved through binding arbitration or courts of [Your State/Country].

16. General Provisions

No waiver of rights is implied by non‑enforcement. If any provision is found unenforceable, the remainder remains valid. These Terms and any Contest Rules or Privacy Policy constitute the full agreement between you and STONKD.

17. Class Action Waiver

To the fullest extent permitted by law, you agree that any dispute or claim arising out of or relating to these Terms, your use of the Platform, or your relationship with STONKD shall be resolved only on an individual basis and not as part of a class, consolidated, or representative action. You further agree that you may bring claims against STONKD only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted.

18. Class Action Waiver and Collective Claims

By agreeing to these Terms, you and STONKD acknowledge and agree that both parties are waiving the right to participate as a plaintiff or class member in any purported class action, collective action, private attorney general action, or other representative proceeding. All claims and disputes must be brought on an individual basis and not consolidated or joined with any other claims or disputes from other users. The arbitrator or court presiding over any dispute may not consolidate more than one person’s claims or otherwise preside over any form of representative or class proceeding. If this waiver is found to be unenforceable, then the entire arbitration agreement will be null and void.

Contact

For questions, contact info@stonkd.com