Terms of Service
Terms of Service
Charms Interactive, Inc.
Last updated: March 2026
Please read the following carefully before using the Services.
THE SERVICES WERE NOT DEVELOPED FOR, AND ARE NOT OFFERED TO, INDIVIDUALS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE OR PRINCIPAL PLACE OF BUSINESS IN THE UNITED STATES, OR ANY RESTRICTED JURISDICTION OR COUNTRY SUBJECT TO SANCTIONS OR RESTRICTIONS UNDER APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO ALGERIA, BOLIVIA, BELARUS, THE CRIMEA REGION, CUBA, DONETSK, THE DEMOCRATIC REPUBLIC OF CONGO, IRAN, IRAQ, IVORY COAST, LIBERIA, LIBYA, LUHANSK, MALI, MYANMAR (BURMA), NEPAL, NORTH KOREA, SOMALIA, SUDAN, SYRIA, TUNISIA, VENEZUELA, YEMEN, ZIMBABWE, OR ANY OTHER COUNTRY TO WHICH THE UNITED STATES, THE UNITED KINGDOM, THE EUROPEAN UNION, OR ANY OTHER JURISDICTION EMBARGOES GOODS OR IMPOSES SIMILAR SANCTIONS, OR ANY JURISDICTIONS WHERE TRANSACTING IN CRYPTOCURRENCIES IS PROHIBITED OR RESTRICTED IN ANY FORM (COLLECTIVELY, "RESTRICTED JURISDICTIONS"). IF YOU ARE A RESTRICTED PERSON, YOU MUST NOT USE OR ATTEMPT TO USE THE SERVICES. THE USE OF TECHNOLOGY OR MECHANISMS, SUCH AS A VIRTUAL PRIVATE NETWORK ("VPN"), TO CIRCUMVENT OR ATTEMPT TO CIRCUMVENT THESE RESTRICTIONS IS STRICTLY PROHIBITED.
BY UTILIZING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE NOT A RESTRICTED PERSON AND WILL NOT ACCESS OR USE THE SERVICES FROM WITHIN ANY RESTRICTED JURISDICTION.
These Terms of Service ("Terms"), together with our Privacy Policy, which is incorporated herein by reference, constitute the agreement between Charms Interactive, Inc. ("Charms," "we," "us," or "our") and you ("you" or "your") concerning your use of and access to our platform at https://charms.ai, our mobile applications, and any other services we provide that reference these Terms (collectively, the "Services").
For purposes of these Terms, "Charms Parties" means Charms Interactive, Inc. and its past, present, and future officers, directors, employees, contractors, agents, representatives, subsidiaries, affiliates, successors, and assigns.
Please read these Terms carefully. By accessing or using the Services, you confirm that you have read, understood, and agree to be bound by them. If you do not agree, you must not access or use the Services.
If you use the Services on behalf of a company or other legal entity, "you" includes you and that entity, and you represent that you have the authority to bind that entity to these Terms.
ARBITRATION NOTICE. Except as described in Section 19, you agree that disputes arising under these Terms will be resolved by binding individual arbitration. By accepting these Terms, you and Charms are each waiving the right to a trial by jury or to participate in any class action or representative proceeding.
Eligibility
You must be at least 18 years of age to use the Services. By using 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 have not previously been suspended or removed from the Services.
Your use of the Services complies with all applicable laws and regulations in your jurisdiction.
You are not located in, ordinarily resident in, or organized under the laws of any jurisdiction subject to a comprehensive U.S. Government embargo.
You are not subject to any sanctions administered by the U.S. Government, any other government, or the United Nations.
Your funds are not derived from or connected to any illegal or restricted sources.
Changes to These Terms
We may update these Terms at any time at our sole discretion. Changes become effective immediately upon posting. Your continued use of the Services after changes are posted constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.
Access to the Services
We reserve the right to modify, suspend, or discontinue the Services at any time without notice. We will not be liable for any losses resulting from changes to or unavailability of the Services.
You are responsible for:
Making all arrangements necessary to access the Services.
Ensuring that anyone who accesses the Services through your account or internet connection is aware of and complies with these Terms.
Maintaining the security of your account credentials.
We may restrict access to parts of the Services, or the entire Services, at our discretion and without prior notice.
Wallets
To use the Services, you will need a compatible digital wallet. Charms partners with Privy, a third-party non-custodial wallet infrastructure provider, to allow users to create an embedded wallet accessible via the Services. By creating or using a wallet in connection with the Services, you agree to be bound by the applicable wallet provider's terms and conditions.
Charms does not have custody, possession, or control over your wallet or any assets it contains. We do not have access to or store your passwords, recovery phrases, private keys, or any other wallet credentials.
You are solely responsible for:
Maintaining the security of your wallet credentials, private keys, and seed phrases.
All activity that occurs in connection with your wallet.
Establishing a recovery mechanism in case you lose access to your credentials.
If you lose access to your wallet credentials, Charms cannot help you recover them and will not be liable for any resulting losses. Never share your private keys or seed phrase with anyone, including Charms — we will never ask for them.
If you notice any unauthorized or suspicious activity related to your wallet or account, please notify us immediately at hey@charms.ai.
Nature of the Services
Charms provides a technical interface that allows users to discover and interact with tokens available on public blockchains. Charms is not a wallet provider, exchange, broker, dealer, financial institution, payments processor, money services business, or creditor.
You acknowledge and agree that:
No swaps, trades, or exchanges occur on Charms infrastructure.
When you initiate or engage in transactions using our Services, all such transactions occur on third-party infrastructure using third-party technologies, including decentralized exchanges and public blockchain networks.
The Services are a conduit to such third-party infrastructure — Charms is not a party to any transaction between users.
Charms does not execute or effectuate purchases, transfers, or sales of tokens on your behalf.
We have no control over or responsibility for third-party protocols, networks, or technology. Changes or disruptions to third-party infrastructure may affect your access to and use of our Services. You acknowledge and accept this risk.
YOU HEREBY HOLD HARMLESS THE CHARMS PARTIES FROM ANY LOSSES OR DAMAGES YOU MAY SUFFER DUE TO THIRD-PARTY INFRASTRUCTURE, LOSS OR COMPROMISE OF YOUR SEED PHRASE OR KEYS, AND/OR ISSUES ARISING FROM YOUR TRANSACTIONS.
Tokens and Digital Assets
The Services allow users to discover, buy, and sell digital tokens on public blockchains.
Important acknowledgments:
Token prices are highly volatile and may drop to zero.
All blockchain transactions are irreversible once confirmed.
Charms is not party to any transaction between users — all trades are peer-to-peer.
You are solely responsible for verifying the legitimacy of any token before transacting.
TOKENS ARE INTENDED FOR CONSUMER USE ONLY. THEY ARE NOT INTENDED TO BE A "SECURITY," AS DEFINED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED, THE INVESTMENT COMPANY ACT OF 1940, AS AMENDED, OR THE SECURITIES LAWS OF ANY U.S. STATE. YOU REPRESENT AND WARRANT THAT YOU ARE NOT ACQUIRING TOKENS FOR SPECULATIVE OR INVESTMENT PURPOSES OR AS AN EQUITY OR PROFIT-SHARING INTEREST IN CHARMS OR ANY OTHER INDIVIDUAL OR ENTITY. YOU UNDERSTAND THAT LEGISLATION, REGULATION, OR COURT OPINIONS AT THE STATE, FEDERAL, OR INTERNATIONAL LEVEL MAY ADVERSELY AFFECT YOUR ABILITY TO USE, TRANSFER, OR EXCHANGE TOKENS.
You bear full responsibility for any decisions you make regarding buying, selling, or holding tokens through the Services.
Peer-to-Peer Transactions
Transactions occurring through the Services are peer-to-peer in nature. Charms is not party to any agreement between users. You bear full responsibility for verifying the identity, legitimacy, and authenticity of any token with which you interact using the Services. Charms makes no claims, guarantees, or recommendations about the identity, legitimacy, functionality, or authenticity of any token or user visible on the Services.
To the fullest extent permitted by applicable law, you release the Charms Parties from responsibility, liability, claims, demands, and damages of every kind and nature arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
Fees
Charms charges fees for certain transactions conducted through the Services. The applicable fee will be displayed prior to the completion of each transaction. We reserve the right to change our fees at any time. You may also incur fees payable to third parties (such as gas fees on the blockchain), which Charms does not control and is not responsible for. Gas fees may be charged even if a transaction fails or is incomplete.
YOU HEREBY HOLD HARMLESS THE CHARMS PARTIES FROM ANY LOSSES OR DAMAGES YOU MAY SUFFER RELATING TO FEES, WHETHER OURS OR THOSE IMPOSED BY THIRD PARTIES, AND ANY PRICING CHANGES CHARGED FOR TRANSACTIONS PROCESSED THROUGH THE SERVICES.
No Financial or Investment Advice
Charms is not a registered broker, dealer, financial institution, investment adviser, or money services business. Nothing on the Services constitutes financial, investment, legal, or tax advice. All decisions to buy, sell, or hold digital assets are solely yours. You are responsible for understanding the risks involved and for determining what taxes, if any, apply to your transactions. Charms does not collect, report, or remit taxes on your behalf.
User Content
By submitting, uploading, or otherwise making available any content through the Services, including characters, prompts, images, or messages ("User Content"), you grant Charms a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, distribute, and display such User Content solely for the purposes of operating and improving the Services. You retain ownership of your User Content. You represent and warrant that you own or have the necessary rights to the User Content you submit, and that it does not infringe any third-party rights.
Content Standards
You are solely responsible for any User Content you submit. You agree not to submit content that:
Infringes any third-party intellectual property, privacy, or publicity rights.
Is unlawful, harmful, threatening, abusive, harassing, or defamatory.
Depicts or promotes sexual content involving minors.
Constitutes spam, fraud, or misleading information.
Charms reserves the right to remove any User Content that violates these standards at any time and without notice. Removal of content does not entitle you to any refund or compensation.
Intellectual Property
The Services and all their content, features, and functionality — including software, text, images, and design — are owned by Charms Interactive, Inc. or its licensors and are protected by applicable intellectual property laws.
You may use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, or publicly display any part of the Services without our express written permission.
The Charms name, logo, and all related marks are trademarks of Charms Interactive, Inc. You must not use them without our prior written consent.
Copyright Infringement — DMCA
Charms respects the intellectual property rights of others and expects users to do the same. If you believe that content available through the Services infringes a copyright you own or control, please send a written notice to:
Charms Interactive, Inc.
Attn: Legal — DMCA
1111B S Governors Ave STE 40999
Dover, DE 19904, US
hey@charms.ai
Your notice must include: identification of the copyrighted work and the allegedly infringing content (including URLs where applicable), your contact information, a statement of good faith belief that the use is not authorized, and a statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner.
We reserve the right to remove content that we believe in good faith infringes third-party rights, and to terminate accounts of repeat infringers.
Feedback
If you provide us with feedback, suggestions, or ideas about the Services ("Feedback"), you grant Charms a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and otherwise exploit that Feedback for any purpose without compensation or attribution to you. All Feedback is considered non-confidential and non-proprietary.
Prohibited Uses
You agree not to use the Services to:
Violate any applicable law or regulation.
Exploit, harm, or attempt to exploit minors in any way.
Impersonate Charms, a Charms employee, another user, or any other person or entity.
Engage in market manipulation, including wash trading, pump and dump schemes, spoofing, or layering.
Use automated means (bots, crawlers, scrapers) to access or collect data from the Services without authorization.
Transmit viruses, malware, or any other harmful code.
Attempt to probe, scan, or test the vulnerability of the Services or circumvent any security measures.
Collect or store personal information of other users without their consent.
Use the Services in connection with money laundering, terrorist financing, or any other illegal financial activity.
Attempt to reverse engineer or decompile any part of the Services.
Take any action that imposes an unreasonable load on our infrastructure.
Use a VPN or any other technology to circumvent geographic or jurisdictional restrictions on the Services.
Use the Services from any sanctioned jurisdiction or on behalf of any sanctioned person.
Charms reserves the right to remove content, suspend, or terminate accounts that violate these Terms, without prior notice.
Assumption of Risk
By using the Services, you accept and acknowledge the following risks:
Token prices are volatile and unpredictable and may result in total loss of value.
Blockchain transactions are irreversible.
Smart contracts may contain bugs or vulnerabilities.
The regulatory framework for digital assets is evolving and may change in ways that affect your use of the Services.
Third-party services and infrastructure used in connection with the Services may fail or be unavailable.
You may be subject to hacking, phishing, or other malicious activity targeting your wallet.
Gas fees may be charged even for failed or incomplete transactions.
You are solely responsible for determining what taxes apply to your transactions and for complying with all applicable tax obligations.
You assume full responsibility for evaluating the risks associated with your use of the Services and any transactions you conduct.
Disclaimers and Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, CHARMS DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR ANY BUGS, VIRUSES, OR TROJAN HORSES TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY.
WE ARE NOT LIABLE TO YOU AND TAKE NO RESPONSIBILITY FOR ANY USE OF CRYPTO ASSETS OR TOKENS, INCLUDING BUT NOT LIMITED TO USER ERROR, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; SERVER FAILURE OR DATA LOSS; UNAUTHORIZED ACCESS OR USE; FLUCTUATIONS IN THE PRICE OF TOKENS OR ANY OTHER CRYPTO ASSETS; OR ANY LOSSES DUE TO A VULNERABILITY OR FAILURE OF SOFTWARE, BLOCKCHAINS, OR ANY OTHER FEATURES OF THE TOKENS.
Limitation of Liability and Indemnification
TO THE FULLEST EXTENT PERMITTED BY LAW, THE CHARMS PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING LOSS OF REVENUE, PROFITS, DATA, OR GOODWILL, EVEN IF FORESEEABLE AND EVEN IF THE CHARMS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL CHARMS' AGGREGATE LIABILITY EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT PAID BY YOU TO CHARMS IN THE THREE MONTHS PRECEDING THE CLAIM.
You agree to indemnify, defend, and hold harmless the Charms Parties from and against any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the Services; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) your negligence or willful misconduct.
Dispute Resolution — Binding Arbitration
19.1. General
Except as described in Section 19.2, you and Charms agree that any dispute arising out of or relating to these Terms or the Services will be resolved through binding individual arbitration rather than in court. This applies to all claims, whether based in contract, tort, statute, or any other legal theory.
19.2. Exceptions
Either party may bring an individual claim in small claims court, seek injunctive relief in a court of law, or pursue an intellectual property infringement claim in court.
19.3. Opt-Out
If you do not wish to resolve disputes through binding arbitration, you may opt out within 30 days of first accepting these Terms by sending a written notice to:
Charms Interactive, Inc. — Attn: Legal — Arbitration Opt-Out
1111B S Governors Ave STE 40999, Dover, DE 19904
hey@charms.ai
Your notice must include your full name, the email address associated with your account, and a statement that you wish to opt out of arbitration.
19.4. Process
Before initiating arbitration, the parties agree to first attempt to resolve the dispute through good-faith negotiations for a period of 30 days. Arbitration will be administered under JAMS Rules, as modified by these Terms. The arbitrator's decision will be final and binding.
19.5. Class Action Waiver
YOU AND CHARMS AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL.
19.6. Time Limit
Any claim arising out of or relating to these Terms must be filed within one (1) year after the claim arose, or it is permanently barred.
Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. If any dispute is not subject to arbitration, the state and federal courts located in Delaware will have exclusive jurisdiction, and you consent to personal jurisdiction in those courts.
Third-Party Services
The Services may display, include, or provide access to third-party content, services, or applications. Charms does not control third-party services and is not responsible for their availability, accuracy, or reliability. Your use of any third-party service is at your own risk and subject to that third party's terms and conditions.
Export Laws
You agree to comply with all applicable U.S. export laws and regulations. You represent that you are not located in any U.S. embargoed country or on any U.S. Government list of prohibited or restricted parties.
Termination
We reserve the right to suspend or terminate your access to the Services at any time, without prior notice, for any reason including violation of these Terms. Upon termination, your right to use the Services will immediately cease. Sections 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, and 23 will survive termination.
You may terminate your account at any time by contacting us at hey@charms.ai.
Injunctive Relief
You agree that a breach of these Terms may cause irreparable harm to Charms for which monetary damages would not be an adequate remedy, and Charms shall be entitled to seek equitable relief, including injunctive relief, without the requirement of posting a bond or other security, or proving actual damages.
Severability and Waiver
If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force. No waiver of any term or condition shall be deemed a continuing waiver or a waiver of any other term.
Entire Agreement
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Charms with respect to the Services and supersede all prior communications or agreements on this subject.
Contact
For questions or concerns about these Terms:
Charms Interactive, Inc.
1111B S Governors Ave STE 40999
Dover, DE 19904, US
hey@charms.ai
Charms Interactive, Inc.
Last updated: March 2026
Please read the following carefully before using the Services.
THE SERVICES WERE NOT DEVELOPED FOR, AND ARE NOT OFFERED TO, INDIVIDUALS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE OR PRINCIPAL PLACE OF BUSINESS IN THE UNITED STATES, OR ANY RESTRICTED JURISDICTION OR COUNTRY SUBJECT TO SANCTIONS OR RESTRICTIONS UNDER APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO ALGERIA, BOLIVIA, BELARUS, THE CRIMEA REGION, CUBA, DONETSK, THE DEMOCRATIC REPUBLIC OF CONGO, IRAN, IRAQ, IVORY COAST, LIBERIA, LIBYA, LUHANSK, MALI, MYANMAR (BURMA), NEPAL, NORTH KOREA, SOMALIA, SUDAN, SYRIA, TUNISIA, VENEZUELA, YEMEN, ZIMBABWE, OR ANY OTHER COUNTRY TO WHICH THE UNITED STATES, THE UNITED KINGDOM, THE EUROPEAN UNION, OR ANY OTHER JURISDICTION EMBARGOES GOODS OR IMPOSES SIMILAR SANCTIONS, OR ANY JURISDICTIONS WHERE TRANSACTING IN CRYPTOCURRENCIES IS PROHIBITED OR RESTRICTED IN ANY FORM (COLLECTIVELY, "RESTRICTED JURISDICTIONS"). IF YOU ARE A RESTRICTED PERSON, YOU MUST NOT USE OR ATTEMPT TO USE THE SERVICES. THE USE OF TECHNOLOGY OR MECHANISMS, SUCH AS A VIRTUAL PRIVATE NETWORK ("VPN"), TO CIRCUMVENT OR ATTEMPT TO CIRCUMVENT THESE RESTRICTIONS IS STRICTLY PROHIBITED.
BY UTILIZING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE NOT A RESTRICTED PERSON AND WILL NOT ACCESS OR USE THE SERVICES FROM WITHIN ANY RESTRICTED JURISDICTION.
These Terms of Service ("Terms"), together with our Privacy Policy, which is incorporated herein by reference, constitute the agreement between Charms Interactive, Inc. ("Charms," "we," "us," or "our") and you ("you" or "your") concerning your use of and access to our platform at https://charms.ai, our mobile applications, and any other services we provide that reference these Terms (collectively, the "Services").
For purposes of these Terms, "Charms Parties" means Charms Interactive, Inc. and its past, present, and future officers, directors, employees, contractors, agents, representatives, subsidiaries, affiliates, successors, and assigns.
Please read these Terms carefully. By accessing or using the Services, you confirm that you have read, understood, and agree to be bound by them. If you do not agree, you must not access or use the Services.
If you use the Services on behalf of a company or other legal entity, "you" includes you and that entity, and you represent that you have the authority to bind that entity to these Terms.
ARBITRATION NOTICE. Except as described in Section 19, you agree that disputes arising under these Terms will be resolved by binding individual arbitration. By accepting these Terms, you and Charms are each waiving the right to a trial by jury or to participate in any class action or representative proceeding.
Eligibility
You must be at least 18 years of age to use the Services. By using 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 have not previously been suspended or removed from the Services.
Your use of the Services complies with all applicable laws and regulations in your jurisdiction.
You are not located in, ordinarily resident in, or organized under the laws of any jurisdiction subject to a comprehensive U.S. Government embargo.
You are not subject to any sanctions administered by the U.S. Government, any other government, or the United Nations.
Your funds are not derived from or connected to any illegal or restricted sources.
Changes to These Terms
We may update these Terms at any time at our sole discretion. Changes become effective immediately upon posting. Your continued use of the Services after changes are posted constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.
Access to the Services
We reserve the right to modify, suspend, or discontinue the Services at any time without notice. We will not be liable for any losses resulting from changes to or unavailability of the Services.
You are responsible for:
Making all arrangements necessary to access the Services.
Ensuring that anyone who accesses the Services through your account or internet connection is aware of and complies with these Terms.
Maintaining the security of your account credentials.
We may restrict access to parts of the Services, or the entire Services, at our discretion and without prior notice.
Wallets
To use the Services, you will need a compatible digital wallet. Charms partners with Privy, a third-party non-custodial wallet infrastructure provider, to allow users to create an embedded wallet accessible via the Services. By creating or using a wallet in connection with the Services, you agree to be bound by the applicable wallet provider's terms and conditions.
Charms does not have custody, possession, or control over your wallet or any assets it contains. We do not have access to or store your passwords, recovery phrases, private keys, or any other wallet credentials.
You are solely responsible for:
Maintaining the security of your wallet credentials, private keys, and seed phrases.
All activity that occurs in connection with your wallet.
Establishing a recovery mechanism in case you lose access to your credentials.
If you lose access to your wallet credentials, Charms cannot help you recover them and will not be liable for any resulting losses. Never share your private keys or seed phrase with anyone, including Charms — we will never ask for them.
If you notice any unauthorized or suspicious activity related to your wallet or account, please notify us immediately at hey@charms.ai.
Nature of the Services
Charms provides a technical interface that allows users to discover and interact with tokens available on public blockchains. Charms is not a wallet provider, exchange, broker, dealer, financial institution, payments processor, money services business, or creditor.
You acknowledge and agree that:
No swaps, trades, or exchanges occur on Charms infrastructure.
When you initiate or engage in transactions using our Services, all such transactions occur on third-party infrastructure using third-party technologies, including decentralized exchanges and public blockchain networks.
The Services are a conduit to such third-party infrastructure — Charms is not a party to any transaction between users.
Charms does not execute or effectuate purchases, transfers, or sales of tokens on your behalf.
We have no control over or responsibility for third-party protocols, networks, or technology. Changes or disruptions to third-party infrastructure may affect your access to and use of our Services. You acknowledge and accept this risk.
YOU HEREBY HOLD HARMLESS THE CHARMS PARTIES FROM ANY LOSSES OR DAMAGES YOU MAY SUFFER DUE TO THIRD-PARTY INFRASTRUCTURE, LOSS OR COMPROMISE OF YOUR SEED PHRASE OR KEYS, AND/OR ISSUES ARISING FROM YOUR TRANSACTIONS.
Tokens and Digital Assets
The Services allow users to discover, buy, and sell digital tokens on public blockchains.
Important acknowledgments:
Token prices are highly volatile and may drop to zero.
All blockchain transactions are irreversible once confirmed.
Charms is not party to any transaction between users — all trades are peer-to-peer.
You are solely responsible for verifying the legitimacy of any token before transacting.
TOKENS ARE INTENDED FOR CONSUMER USE ONLY. THEY ARE NOT INTENDED TO BE A "SECURITY," AS DEFINED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED, THE INVESTMENT COMPANY ACT OF 1940, AS AMENDED, OR THE SECURITIES LAWS OF ANY U.S. STATE. YOU REPRESENT AND WARRANT THAT YOU ARE NOT ACQUIRING TOKENS FOR SPECULATIVE OR INVESTMENT PURPOSES OR AS AN EQUITY OR PROFIT-SHARING INTEREST IN CHARMS OR ANY OTHER INDIVIDUAL OR ENTITY. YOU UNDERSTAND THAT LEGISLATION, REGULATION, OR COURT OPINIONS AT THE STATE, FEDERAL, OR INTERNATIONAL LEVEL MAY ADVERSELY AFFECT YOUR ABILITY TO USE, TRANSFER, OR EXCHANGE TOKENS.
You bear full responsibility for any decisions you make regarding buying, selling, or holding tokens through the Services.
Peer-to-Peer Transactions
Transactions occurring through the Services are peer-to-peer in nature. Charms is not party to any agreement between users. You bear full responsibility for verifying the identity, legitimacy, and authenticity of any token with which you interact using the Services. Charms makes no claims, guarantees, or recommendations about the identity, legitimacy, functionality, or authenticity of any token or user visible on the Services.
To the fullest extent permitted by applicable law, you release the Charms Parties from responsibility, liability, claims, demands, and damages of every kind and nature arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
Fees
Charms charges fees for certain transactions conducted through the Services. The applicable fee will be displayed prior to the completion of each transaction. We reserve the right to change our fees at any time. You may also incur fees payable to third parties (such as gas fees on the blockchain), which Charms does not control and is not responsible for. Gas fees may be charged even if a transaction fails or is incomplete.
YOU HEREBY HOLD HARMLESS THE CHARMS PARTIES FROM ANY LOSSES OR DAMAGES YOU MAY SUFFER RELATING TO FEES, WHETHER OURS OR THOSE IMPOSED BY THIRD PARTIES, AND ANY PRICING CHANGES CHARGED FOR TRANSACTIONS PROCESSED THROUGH THE SERVICES.
No Financial or Investment Advice
Charms is not a registered broker, dealer, financial institution, investment adviser, or money services business. Nothing on the Services constitutes financial, investment, legal, or tax advice. All decisions to buy, sell, or hold digital assets are solely yours. You are responsible for understanding the risks involved and for determining what taxes, if any, apply to your transactions. Charms does not collect, report, or remit taxes on your behalf.
User Content
By submitting, uploading, or otherwise making available any content through the Services, including characters, prompts, images, or messages ("User Content"), you grant Charms a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, distribute, and display such User Content solely for the purposes of operating and improving the Services. You retain ownership of your User Content. You represent and warrant that you own or have the necessary rights to the User Content you submit, and that it does not infringe any third-party rights.
Content Standards
You are solely responsible for any User Content you submit. You agree not to submit content that:
Infringes any third-party intellectual property, privacy, or publicity rights.
Is unlawful, harmful, threatening, abusive, harassing, or defamatory.
Depicts or promotes sexual content involving minors.
Constitutes spam, fraud, or misleading information.
Charms reserves the right to remove any User Content that violates these standards at any time and without notice. Removal of content does not entitle you to any refund or compensation.
Intellectual Property
The Services and all their content, features, and functionality — including software, text, images, and design — are owned by Charms Interactive, Inc. or its licensors and are protected by applicable intellectual property laws.
You may use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, or publicly display any part of the Services without our express written permission.
The Charms name, logo, and all related marks are trademarks of Charms Interactive, Inc. You must not use them without our prior written consent.
Copyright Infringement — DMCA
Charms respects the intellectual property rights of others and expects users to do the same. If you believe that content available through the Services infringes a copyright you own or control, please send a written notice to:
Charms Interactive, Inc.
Attn: Legal — DMCA
1111B S Governors Ave STE 40999
Dover, DE 19904, US
hey@charms.ai
Your notice must include: identification of the copyrighted work and the allegedly infringing content (including URLs where applicable), your contact information, a statement of good faith belief that the use is not authorized, and a statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner.
We reserve the right to remove content that we believe in good faith infringes third-party rights, and to terminate accounts of repeat infringers.
Feedback
If you provide us with feedback, suggestions, or ideas about the Services ("Feedback"), you grant Charms a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and otherwise exploit that Feedback for any purpose without compensation or attribution to you. All Feedback is considered non-confidential and non-proprietary.
Prohibited Uses
You agree not to use the Services to:
Violate any applicable law or regulation.
Exploit, harm, or attempt to exploit minors in any way.
Impersonate Charms, a Charms employee, another user, or any other person or entity.
Engage in market manipulation, including wash trading, pump and dump schemes, spoofing, or layering.
Use automated means (bots, crawlers, scrapers) to access or collect data from the Services without authorization.
Transmit viruses, malware, or any other harmful code.
Attempt to probe, scan, or test the vulnerability of the Services or circumvent any security measures.
Collect or store personal information of other users without their consent.
Use the Services in connection with money laundering, terrorist financing, or any other illegal financial activity.
Attempt to reverse engineer or decompile any part of the Services.
Take any action that imposes an unreasonable load on our infrastructure.
Use a VPN or any other technology to circumvent geographic or jurisdictional restrictions on the Services.
Use the Services from any sanctioned jurisdiction or on behalf of any sanctioned person.
Charms reserves the right to remove content, suspend, or terminate accounts that violate these Terms, without prior notice.
Assumption of Risk
By using the Services, you accept and acknowledge the following risks:
Token prices are volatile and unpredictable and may result in total loss of value.
Blockchain transactions are irreversible.
Smart contracts may contain bugs or vulnerabilities.
The regulatory framework for digital assets is evolving and may change in ways that affect your use of the Services.
Third-party services and infrastructure used in connection with the Services may fail or be unavailable.
You may be subject to hacking, phishing, or other malicious activity targeting your wallet.
Gas fees may be charged even for failed or incomplete transactions.
You are solely responsible for determining what taxes apply to your transactions and for complying with all applicable tax obligations.
You assume full responsibility for evaluating the risks associated with your use of the Services and any transactions you conduct.
Disclaimers and Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, CHARMS DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR ANY BUGS, VIRUSES, OR TROJAN HORSES TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY.
WE ARE NOT LIABLE TO YOU AND TAKE NO RESPONSIBILITY FOR ANY USE OF CRYPTO ASSETS OR TOKENS, INCLUDING BUT NOT LIMITED TO USER ERROR, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; SERVER FAILURE OR DATA LOSS; UNAUTHORIZED ACCESS OR USE; FLUCTUATIONS IN THE PRICE OF TOKENS OR ANY OTHER CRYPTO ASSETS; OR ANY LOSSES DUE TO A VULNERABILITY OR FAILURE OF SOFTWARE, BLOCKCHAINS, OR ANY OTHER FEATURES OF THE TOKENS.
Limitation of Liability and Indemnification
TO THE FULLEST EXTENT PERMITTED BY LAW, THE CHARMS PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING LOSS OF REVENUE, PROFITS, DATA, OR GOODWILL, EVEN IF FORESEEABLE AND EVEN IF THE CHARMS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL CHARMS' AGGREGATE LIABILITY EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT PAID BY YOU TO CHARMS IN THE THREE MONTHS PRECEDING THE CLAIM.
You agree to indemnify, defend, and hold harmless the Charms Parties from and against any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the Services; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) your negligence or willful misconduct.
Dispute Resolution — Binding Arbitration
19.1. General
Except as described in Section 19.2, you and Charms agree that any dispute arising out of or relating to these Terms or the Services will be resolved through binding individual arbitration rather than in court. This applies to all claims, whether based in contract, tort, statute, or any other legal theory.
19.2. Exceptions
Either party may bring an individual claim in small claims court, seek injunctive relief in a court of law, or pursue an intellectual property infringement claim in court.
19.3. Opt-Out
If you do not wish to resolve disputes through binding arbitration, you may opt out within 30 days of first accepting these Terms by sending a written notice to:
Charms Interactive, Inc. — Attn: Legal — Arbitration Opt-Out
1111B S Governors Ave STE 40999, Dover, DE 19904
hey@charms.ai
Your notice must include your full name, the email address associated with your account, and a statement that you wish to opt out of arbitration.
19.4. Process
Before initiating arbitration, the parties agree to first attempt to resolve the dispute through good-faith negotiations for a period of 30 days. Arbitration will be administered under JAMS Rules, as modified by these Terms. The arbitrator's decision will be final and binding.
19.5. Class Action Waiver
YOU AND CHARMS AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL.
19.6. Time Limit
Any claim arising out of or relating to these Terms must be filed within one (1) year after the claim arose, or it is permanently barred.
Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. If any dispute is not subject to arbitration, the state and federal courts located in Delaware will have exclusive jurisdiction, and you consent to personal jurisdiction in those courts.
Third-Party Services
The Services may display, include, or provide access to third-party content, services, or applications. Charms does not control third-party services and is not responsible for their availability, accuracy, or reliability. Your use of any third-party service is at your own risk and subject to that third party's terms and conditions.
Export Laws
You agree to comply with all applicable U.S. export laws and regulations. You represent that you are not located in any U.S. embargoed country or on any U.S. Government list of prohibited or restricted parties.
Termination
We reserve the right to suspend or terminate your access to the Services at any time, without prior notice, for any reason including violation of these Terms. Upon termination, your right to use the Services will immediately cease. Sections 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, and 23 will survive termination.
You may terminate your account at any time by contacting us at hey@charms.ai.
Injunctive Relief
You agree that a breach of these Terms may cause irreparable harm to Charms for which monetary damages would not be an adequate remedy, and Charms shall be entitled to seek equitable relief, including injunctive relief, without the requirement of posting a bond or other security, or proving actual damages.
Severability and Waiver
If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force. No waiver of any term or condition shall be deemed a continuing waiver or a waiver of any other term.
Entire Agreement
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Charms with respect to the Services and supersede all prior communications or agreements on this subject.
Contact
For questions or concerns about these Terms:
Charms Interactive, Inc.
1111B S Governors Ave STE 40999
Dover, DE 19904, US
hey@charms.ai
© Charms Interactive, Inc. Built on Base .
© Charms Interactive, Inc. Built on Base .
© Charms Interactive, Inc. Built on Base .
© Charms Interactive, Inc. Built on Base .
© Charms Interactive, Inc. Built on Base .
