Terms of Service

NFW (“Non Fungible Win”) is an interface to a gacha-style, randomized acquisition mechanism for digital collectible tokens (“NFTs”). Depositors pair an NFT with an amount of SOL backing. Purchasers pay a pool-derived price for a randomly drawn position — draw probability is weighted inversely to backing — and then choose between keeping the drawn NFT or taking the depositor’s standing bid. Randomness is produced by an on-chain verifiable randomness function; prices and payouts are computed by the Protocol from pool state, not set by us.

The outcome of any draw is random. The value of what you receive can be, and often will be, less than what you paid. Nothing about the mechanism guarantees a profit, a floor value, or the availability of any particular NFT.

The Interface and the Protocol are in beta. They are not a finished product. Smart contracts, the randomness pipeline, indexers, caches and the Interface itself may contain bugs, may behave incorrectly, may be exploited, may lose state, may be paused or redeployed, and may stop working entirely — temporarily or permanently — without notice.

By using the Interface you expressly accept that you are using a beta product and not a final product; that transactions may fail, settle incorrectly or become irrecoverable; and that you bear full and sole responsibility for anything you deposit, spend, or lose. We are not responsible for any losses, however caused, including losses caused by the technology not working as intended or not working at all.

You may use the Interface only if all of the following are true:

• You are at least 18 years old, or older where the age of majority in your jurisdiction is higher.
• You have the full legal capacity to enter into these Terms.
• Your use of a randomized, paid acquisition mechanism is lawful in the jurisdiction where you live and from which you access the Interface.
• You are not a resident or national of, and are not accessing the Interface from, any jurisdiction subject to comprehensive sanctions, and you are not on any applicable sanctions or restricted-party list.

We do not verify identity or age. Representing that you meet these conditions is your responsibility, and using the Interface is that representation.

Laws on digital assets, randomized sales, games of chance and gambling differ by country and change frequently. It is your sole responsibility to determine whether your use of the Interface is lawful where you are, and to comply with every law and regulation that applies to you. If randomized paid draws or digital-asset transactions are restricted or prohibited in your jurisdiction, you must not use the Interface.

You are solely responsible for determining, reporting and paying any taxes that arise from your use of the Protocol — including taxes on acquisitions, dispositions, proceeds from standing bids, and yield or fees earned as a depositor. We do not provide tax advice, do not withhold taxes and do not report on your behalf.

The Interface never takes custody of your funds, NFTs or private keys. Every transaction is constructed for your review and signed by your own wallet. Blockchain transactions are irreversible: once signed and confirmed, no one — including us — can undo them. You are solely responsible for the security of your wallet, seed phrase and devices, and for verifying every transaction before you sign it.

Draws are resolved by a verifiable randomness function on Solana. Draw weights are determined by pool state at the moment of fulfilment and change as depositors enter, leave or adjust backing. Displayed odds, prices and pool statistics are estimates rendered from cached or delayed data and may differ from the on-chain state that actually settles your transaction. The on-chain result is the only authoritative outcome.

NFTs acquired through the Protocol are digital collectibles. Nothing on the Interface is an offer of securities, a solicitation of investment, or financial, legal or tax advice. Any figures shown — backing, floor, historical settlements, projected fees — are informational and are not a promise of future value or performance.

The Protocol charges fees that are disclosed at the point of the transaction that incurs them, including protocol fees on draws and the retention of certain account rents as protocol revenue. Network (gas) fees and third-party wallet fees are yours in all cases, including for transactions that fail.

You agree not to:

• use the Interface from a jurisdiction where such use is unlawful, or while subject to sanctions;
• exploit, probe or attack the Protocol, the randomness pipeline, or the Interface, or use any bug for gain rather than reporting it;
• manipulate or attempt to manipulate draws, prices, backing or pool state through coordinated, deceptive or abusive transaction patterns;
• use the Interface to launder money, evade sanctions or finance unlawful activity;
• interfere with other users’ access, or scrape or overload the Interface’s infrastructure.

The Interface and the Protocol are provided “as is” and “as available”, without warranty of any kind, express or implied — including merchantability, fitness for a particular purpose, title, non-infringement, and any warranty that they will be uninterrupted, error-free or secure. No advice or information obtained from us creates any warranty.

To the maximum extent permitted by law, in no event will NFW, its operators, contributors, or service providers be liable for any indirect, incidental, special, consequential or exemplary damages, or for any loss of profits, digital assets, NFTs, data or goodwill, arising out of or related to your use of the Interface or the Protocol — whether based on contract, tort, strict liability or any other theory, and even if advised of the possibility of such damages.

To the same maximum extent, our aggregate liability for all claims relating to the Interface will not exceed the greater of the protocol fees you paid through the Interface in the three months preceding the claim, or one hundred US dollars.

Some jurisdictions do not allow certain exclusions or limitations; where a limitation above is not permitted, it applies to the fullest extent that is.

You accept every risk inherent in experimental software, blockchain networks and randomized mechanisms — including total loss of anything you deposit or spend — and you release us, to the fullest extent permitted by law, from any claim arising out of those risks, out of the acts or omissions of other users, or out of the behavior of the Solana network, wallets, RPC providers and other third-party infrastructure we do not control.

You will indemnify and hold harmless NFW, its operators, contributors and service providers from any claim, demand, loss or expense (including reasonable legal fees) arising from your use of the Interface, your violation of these Terms, or your violation of any law or the rights of any third party.

We may modify, suspend or discontinue the Interface — or any part of it — at any time, without notice and without liability, including during the beta while pools are live. We may update these Terms at any time; the “Last updated” date will change and continued use after a change is acceptance of the revised Terms. The Protocol itself runs on a public blockchain and may remain reachable by other means regardless of the Interface’s availability; anything you do with it outside the Interface is likewise at your own risk.

These Terms are governed by the laws of the operator’s place of establishment, without regard to conflict-of-law rules, and disputes will be resolved in the courts of that jurisdiction, unless the mandatory consumer-protection law of your residence provides otherwise. To the extent permitted by law, you waive any right to participate in a class action against us.

Questions about these Terms: @nfwdotfun on X.