Legal
Terms of Use
Last Updated: 19 July 2026
These Terms of Use constitute a legally binding agreement between you (“you” or “your”) and Mendel (“Mendel”, “Entities or affiliates”, “we”, “our” or “us”). The Terms govern your use of all Mendel Services made available to you on or through the Mendel Platform or otherwise. Mendel Services may be developed, maintained, and/or provided by the Mendel Entities or affiliates.
By accessing the Mendel Platform and/or using the Mendel Services, as defined in these Terms, you agree that you have read, understood and accepted these Terms, together with any additional documents. You acknowledge and agree that you will be bound by and will comply with these Terms, as updated and amended from time to time. BY ACCESSING THE MENDEL PLATFORM AND USING MENDEL SERVICES, YOU IRREVOCABLY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR MASS ACTION IN ANY JURISDICTION OR BEFORE ANY TRIBUNAL AS STATED IN SECTION 27. YOU ALSO EXPRESSLY AGREE THAT ANY CLAIMS AGAINST ANY MENDEL-RELATED ENTITY OR AFFILIATE WILL BE SUBJECT TO MANDATORY, BINDING ARBITRATION AS STATED IN SECTION 27.
If you do not understand and accept these Terms in their entirety, you should not use the Mendel Platform.
Risk Warning
The Mendel Platform and Mendel Services generally involve interacting with user-generated Digital Assets in various ways. Neither the Mendel Entities nor any affiliates are responsible for user-generated Digital Assets that you may, in your sole discretion, engage with on the Mendel Platform or via the Mendel Services. Please ensure that you fully understand the risks involved with user-generated Digital Assets before using the Mendel Platform and Mendel Services.
The value of user-generated Digital Assets, especially memecoins that are commonly found on the Mendel Platform and as part of the Mendel Services, can fluctuate significantly and there is a material risk of economic loss when buying, selling, holding or investing in any Digital Asset. You should therefore consider whether participating on the Mendel Platform in general or Mendel Services specifically is suitable for you taking into account your personal circumstances, financial, or otherwise.
You acknowledge that we are not your broker, intermediary, agent or advisor and we have no fiduciary relationship or obligation to you in connection with any activities you undertake when using the Mendel Platform or Mendel Services. We do not and are not providing any investment or consulting advice and no communication or information that we provide to you is intended to be, or should be construed as, advice of any kind. We do not recommend that any user-generated Digital Asset be bought, earned, sold or held by you under any circumstances.
You are responsible for determining whether any user-generated Digital Asset is appropriate for you to acquire, transact in, or otherwise use on the Mendel Platform or with Mendel Services based on your personal investment objectives, financial circumstances and risk tolerance and you are responsible for any associated loss or liability. Before making the decision to buy, sell or hold any user-generated Digital Asset, you should conduct your own due diligence about the creator of the Digital Asset and, where appropriate, consult your financial advisor. We are not responsible for the decisions you make to buy, earn, sell or hold Digital Assets based on the information or services provided by us or by users themselves through the Mendel Platform or Mendel Services, including any losses you may incur based on your decisions.
1. Introduction
1.1. The Mendel Entities and their affiliates develop, maintain, operate, and provide access to the Mendel Platform and Mendel Services.
1.2. By using the Mendel Platform or any of the Mendel Services you are entering into a legally binding agreement with all Mendel Entities and their affiliates. These Terms will govern your use of the Mendel Platform and all of the Mendel Services.
1.3. You acknowledge that you must read these Terms, together with the documents referenced in the Terms, carefully and are responsible for telling us if you do not understand anything.
1.4. You expressly agree that you will be bound by, and that you will comply with, any additional terms and conditions that apply to your use of the Mendel Platform or any of the Mendel Services.
2. Eligibility
2.1. To be eligible to use the Mendel Platform and the Mendel Services:
- a. you must be an individual, corporation, legal person, entity or other organisation with the full power, authority and capacity to (i) access and use the Mendel Platform; and (ii) enter into and comply with your obligations under these Terms, including, in the case of an individual, being of the legal age of majority in your jurisdiction;
- b. if you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you must be duly authorised to act on behalf of and bind such legal entity for the purposes of entering into these Terms;
- c. not be located, incorporated, otherwise established in, or resident of, or have business operations in (i) a jurisdiction where it would be illegal under Applicable Law for you to access or use the Mendel Platform and/or Mendel Services, or cause us or any third party to contravene any Applicable Law; or (ii) a country listed in our List of Prohibited Countries.
2.2. We may amend our eligibility criteria at any time at our sole discretion. We retain the sole discretion to make changes without telling you in advance. For example, we may change these Terms without notifying you where (a) we are making the change as a result of legal and/or regulatory changes; (b) the changes being made are in your interest; and/or (c) there is any other valid reason which means there is no time to give you notice. We will let you know of the change as soon as possible after it is made by updating the “last updated” date at the top of these Terms. You acknowledge and agree that you are responsible for checking these Terms to stay abreast of any changes related to your use, and that we may terminate your use of the Mendel Platform and any of the Mendel Services at any time for any reason.
3. Mendel Platform
3.1. Usage of the Mendel Platform and Mendel Services is provided at our absolute discretion. We reserve the right to refuse any usage of, or restrict your access to, the Mendel Platform and Mendel Services for any reason, or without reason at any time.
3.2. You must not post, upload or publish to the Mendel Platform any abusive, defamatory, dishonest, or obscene message or any messages intended to manipulate a market or to spread false or misleading information or messages that are otherwise in contravention of Applicable Laws. Violating this provision may result in termination of or restrictions on the availability of the Mendel Platform and Mendel Services to you.
3.3. You must not post, upload or publish to any platform or media any abusive, defamatory, dishonest, or obscene message or any messages intended to manipulate a market or to spread false or misleading information or messages that are otherwise in contravention of Applicable Laws in respect of any user-generated Digital Assets created using the Mendel Services. Violating this provision may result in termination of or restrictions on the availability of the Mendel Services to you.
4. Fees and Calculations
4.1. Fees for use of the Mendel Services are displayed within the Mendel Platform interface prior to transaction confirmation. Mendel Entities and affiliates do not charge any fees merely for accessing the Mendel Platform, but reserve the right to do so in their sole discretion in the future.
4.2. You agree to pay all applicable fees in connection with your use of the Mendel Services as requested during your use of those services. You understand that the Mendel Entities and affiliates do not control any fees charged by third parties you may use to access the Mendel Services, and you are solely responsible for payment of any third-party fees.
4.3. You expressly authorise us to deduct all applicable fees, commissions, charges and other sums that you owe from the Wallet that you connect to the Mendel Platform under these Terms.
4.4. Amending our fees: We may adjust our fees from time to time in accordance with these Terms. If you do not wish to accept the changed fees, you must cease use of the Mendel Platform and relevant Mendel Services. Your continued access to or use of the Mendel Platform and relevant Mendel Services shall be deemed acceptance of the updated fee.
4.5. Calculations: Any calculations of fees made by the Mendel Entities or affiliates in connection with your use of the Mendel Services are final and binding on you in the absence of Manifest Error.
4.6. Network Transactions. Interacting with the Mendel Platform requires the submission of transactions to Robinhood Chain, an EVM Blockchain. A protocol fee may be collected by the Mendel Platform as part of a transaction, as displayed in the interface. The general purpose of any such fee is to support the operation of the Mendel Platform and to cover gas and transaction costs on the underlying network. Actual amounts are determined by the underlying smart contracts and may differ slightly from any displayed estimate, for example due to slippage, network conditions, or rounding. Fee rates are configurable by the Mendel Platform and are subject to change.
4.7. Taxes. You are solely responsible for determining and fulfilling any tax obligations related to your activity on the Mendel Platform, including reporting and remitting income, capital gains, VAT, or similar taxes. The Mendel Entities and their affiliates do not provide tax advice in any jurisdiction for any purpose.
5. Records and Data Retention
We may collect, use, store, retain, and disclose personal data and other information relating to your access to and use of the Mendel Platform and Mendel Services for the purposes of providing the Mendel Services, maintaining platform security, preventing fraud and market abuse, complying with Applicable Law, enforcing these Terms, resolving disputes, and satisfying tax, accounting, regulatory, and legal recordkeeping obligations. We retain such information for as long as reasonably necessary to fulfil the purposes described above, including any period required by Applicable Law or legitimate business needs. Our collection, use, retention, and your rights in relation to personal data are further described in our Privacy Notice.
6. Accessing the Mendel Platform
6.1. To access the Mendel Platform and Mendel Services, you must have the necessary equipment (such as a computer or smartphone), access to the internet, and a compatible self-custodial digital wallet. You may access the Mendel Platform and Mendel Services through the use of bots or as we may permit from time to time, as long as such access otherwise complies with all requirements and rules established in these Terms.
6.2. The use of the Mendel Platform and other access methods may be subject to such additional terms as we require from time to time and which we will communicate to you. We may log technical, device, wallet, session, and network metadata associated with your access to the Mendel Platform and Mendel Services for security, fraud prevention, abuse detection, and compliance purposes.
6.3. The Mendel Platform and Mendel Services may be accessible through third-party platforms or integrations. Where you access the Mendel Services through a third-party platform, you agree to comply with both these Terms and the terms of the applicable third party, and Mendel Entities are not responsible for the operation, availability, or policies of such third-party platforms.
7. Transactions
7.1. You acknowledge and agree that where you execute any Transaction with Improper Intent and/or in the case of Manifest Error, Mendel is authorised by you (without any payment or penalty or liability due by Mendel and provided that such action is in compliance with Applicable Law) to cancel/void such Transaction (to the extent possible), take such actions as Mendel may reasonably deem fit and treat such Transaction as if it had never been entered into.
7.2. We may be required under these Terms or Applicable Law to share information about your activities on the Mendel Platform with third parties and within the Mendel group. You acknowledge and agree that we are entitled to disclose such information.
8. Submission of Instructions
8.1. Instructions are transactions or commands executed on Robinhood Chain using the Mendel Platform and Mendel Services. You must ensure that any Instruction submitted is complete and accurate. We are not required to verify the accuracy, authenticity or validity of any Instruction and will not monitor or reject Instructions on the basis that they are, or appear to be, duplicates. In our sole, absolute discretion, we may refuse to act upon or defer acting upon any Instruction, or seek further information with respect to the Instruction.
8.2. You acknowledge and agree that Instructions are irrevocable and therefore once an Instruction has been submitted you have no right to unilaterally rescind or withdraw it. Our record of all Instructions will be conclusive and binding on you for all purposes.
8.3. By submitting an Instruction you are authorising the initiation of transaction(s) using your Wallet on Robinhood Chain. If you have insufficient Digital Assets in your Wallet to effect the Transaction (i.e. less than the required amount to settle the Transaction and to pay all the fees associated with the Transaction), then we have the right to refuse to effect any Transaction. It is your responsibility to hold sufficient Digital Assets in your Wallet.
8.4. You are aware that Instructions and information transmitted on the Mendel Platform are generally transmitted via the internet and may be routed via public, transnational installations which are not specifically protected. We cannot guarantee that the Instructions and information transmitted will be completely protected against unauthorised access, and you accept the associated risks. Our privacy practices and your rights are disclosed in our Privacy Notice.
9. Transaction Execution
9.1. We do not represent or warrant that any actions by you on the Mendel Platform or use of the Mendel Services will be completed successfully or within a specific time period. By accessing and using the Mendel Platform and Mendel Services, you represent that you understand that smart contract transactions, like the ones conducted through the Mendel Platform and Mendel Services, automatically execute and settle, and that blockchain-based systems are variable and transaction speeds may increase dramatically at any time.
9.2. You expressly agree that the Mendel Entities and affiliates are permitted, but not required, to keep a record of all Transaction information related to use of the Mendel Platform and Mendel Services, and may keep this information for as long as it is required to fulfil its intended purpose or any other period of time as required by Applicable Law.
10. Material Interests and Conflicts
10.1. You understand and agree that neither your relationship with us nor any services we provide to you, nor any other matter, will give rise to any duties on our part or on the part of any Mendel Entity or affiliate, whether legal, equitable, or fiduciary in nature, save as are expressly set out in these Terms. In particular, Mendel Entities and affiliates may from time to time act in more than one capacity, and in those capacities we may receive fees or commissions from more than one user (including you).
10.2. You understand that from time to time we may transact using the Mendel Platform. We are under no obligation to disclose any of our transactions on the Mendel Platform.
11. Transaction Limits
Your activity on the Mendel Platform and use of the Mendel Services may be subject to limits that we shall determine from time to time in our sole discretion.
12. Security
12.1. You are responsible for taking appropriate action to protect your hardware and data from viruses and malicious software, and any inappropriate material. Except as provided by Applicable Law, you are responsible for backing up and maintaining duplicate copies of any information related to your use of the Mendel Platform and Mendel Services. The Mendel Entities and affiliates are not responsible for any claim or losses resulting from your failure to comply with this clause.
12.2. At all times, you, and anyone you permit to access the Mendel Platform and Mendel Services using your Wallet, shall maintain adequate security and control of all of the information used to access the Mendel Platform and Mendel Services, including your Wallet’s seed phrase and private keys. You are responsible for taking the necessary security measures to protect such details. Remember that under no circumstances will we ask you to share your seed phrase, private keys, passwords or 2-factor authentication codes; you should never disclose these if asked.
12.3. You agree that you are required to notify us as soon as possible of any suspicious activity involving the Wallet you use to access the Mendel Platform and Mendel Services. You acknowledge that any Security Breach may result in unauthorised access to your Wallet by third parties and the loss or theft of any Digital Assets and/or funds from your Wallet and any associated Wallets or accounts. If you suspect a Security Breach, you must ensure that we are notified immediately and that you take any other steps that we may reasonably require to reduce, manage or report it.
13. Privacy
13.1. Our collection, use, storage, disclosure, transfer, and other processing of personal data in connection with these Terms, your access to the Mendel Platform, and your use of the Mendel Services is governed by our Privacy Notice, which forms part of these Terms. Depending on your jurisdiction, you may have certain rights in relation to your personal data, including rights of access, correction, deletion, objection, portability, or restriction, as further described in the Privacy Notice.
13.2. You represent and warrant that you have read, understood, and agree to our Privacy Notice, and that if from time to time we provide you with a replacement version of the Privacy Notice, you will promptly read it.
14. Amending the Terms
14.1. We can make changes to these Terms and any terms and conditions incorporated by reference at any time and your continued use of the Mendel Platform and Mendel Services constitutes your consent to such changes. Changes to these Terms will be published on our website and may also be notified to users by such other means as Mendel Entities and affiliates determine in their sole discretion. You acknowledge and agree that you are required to check these Terms periodically to ensure that you are aware of any and all changes.
14.2. If you do not wish to accept these Terms or any future modified Terms, you must cease use of the Mendel Platform and Mendel Services. Your continued access to or use of the Mendel Platform and Mendel Services shall be deemed acceptance of the updated Terms.
15. Termination, Suspensions, Restrictions
15.1. We may at any time modify or discontinue, temporarily or permanently, any portion or feature of the Mendel Platform or Mendel Services. In particular, we may (i) refuse to complete or block, cancel, or, where permitted by Applicable Law, reverse (to the extent possible) any action you have undertaken; (ii) terminate, suspend, or restrict your access to any or all of the Mendel Platform and Mendel Services; (iii) refuse to transmit information or Instructions to third parties; and/or (iv) take whatever action we consider necessary, in each case with immediate effect and for any reason including, but not limited to, where:
- a. you are not, or are no longer, eligible to use the Mendel Platform and Mendel Services;
- b. we reasonably suspect that (i) the person connecting to the Mendel Platform or Mendel Services with your Wallet is not you, or that you have been or will be using the Mendel Platform or Mendel Services for any illegal, fraudulent, or unauthorised purposes; or (ii) information provided by you is wrong, untruthful, outdated, or incomplete;
- c. we reasonably consider that we are required to do so by Applicable Law, or any court or authority;
- d. we reasonably suspect linked-wallet activity, device clustering, off-platform conduct connected to Digital Asset activity, or other behavior presenting elevated fraud, sanctions, legal, or platform-integrity risk;
- e. your usage is subject to any pending, ongoing or threatened litigation or regulatory proceedings;
- f. you have taken any action that may circumvent our controls without our consent; or
- g. there is any other valid reason which means we need to do so.
15.2. You acknowledge and agree that the examples set out above are non-exhaustive, and that our decision to terminate, suspend, or restrict access may be based on confidential criteria that are essential to our risk management and security protocols, which we are under no obligation to disclose to you.
15.3. If we are informed and reasonably believe that any Digital Assets in your Wallet are stolen or not lawfully possessed by you (whether by error or otherwise), we may, but are not obligated to, terminate your usage of the Mendel Platform and Services. Except where required by law, we will not become involved in any dispute relating to such assets or their origin.
16. Mendel IP
All Mendel IP shall remain vested in Mendel Entities and their affiliates. At no point do users of the Mendel Platform or Mendel Services obtain any right to Mendel IP unless expressly provided by these Terms.
17. Licence of Mendel IP
We grant to you a non-exclusive licence for the duration of these Terms, or until we suspend or terminate your usage of the Mendel Platform and Mendel Services, whichever is sooner, to use the Mendel IP, excluding the Mendel Trade Marks, solely as necessary to allow you to access and use the Mendel Platform and Mendel Services for non-commercial personal use, in accordance with these Terms.
18. Licence of User IP
18.1. You grant to us a perpetual, irrevocable, royalty-free, worldwide and non-exclusive licence to use the User IP to the extent it (a) forms part of, or is necessary for the use of, any Created IP; and (b) is necessary to allow us to provide you with access to the Mendel Platform and Mendel Services.
18.2. The licence granted by you under this clause includes our right to sub-license to a third party to the extent required to enable Mendel Entities and any affiliates to provide you with access to the Mendel Platform and to enable use of any Mendel Services, or any part of them.
19. Created IP
19.1. The Created IP shall automatically vest in us from time to time on the date on which it is created.
19.2. You hereby assign to us (and agree to procure that any agents, representatives or contractors assign), with full title guarantee, title to all present and future rights and interest in the Created IP, and shall, if requested and without charge to us, sign and/or execute all documents and do all such acts as we may require to perfect such assignments.
20. General
20.1. You agree and acknowledge that (i) we are not responsible for any User Material (whether provided by you or by third parties) which may be used on, uploaded to or made available on the Mendel Platform and Mendel Services, including user-generated Digital Assets; and (ii) use of any such User Material and user-generated Digital Assets is at your own risk and that we do not provide any warranties in relation to the same.
20.2. We shall have the right at our sole and absolute discretion to remove, modify or reject any content that you submit to, post, use or display on the Mendel Platform (including any User Material and user-generated Digital Assets) for any reason. We reserve the right to take any actions as we deem appropriate at our sole discretion, including giving a written warning to you, removing any User Material and user-generated Digital Assets, recovering damages or other monetary compensation from you, suspending or terminating your access to the Mendel Platform and Mendel Services, and restricting or banning you from any and all future use of the Mendel Platform and Mendel Services.
21. Prohibited Use
By using the Mendel Platform and Mendel Services, including carrying out any Transaction, and without prejudice to any other restriction or limitation set out in these Terms, you agree that you will not:
- a. breach these Terms or any agreement entered into pursuant to, or in connection with, these Terms;
- b. use the Mendel Platform and/or Mendel Services for commercial purposes, including transactions on behalf of other persons or entities, unless expressly agreed by us in writing;
- c. use the Mendel Platform and/or Mendel Services in a manner that, in Mendel’s sole opinion, is conduct designed to control or artificially affect the price of any Digital Asset (market manipulation) including, without limitation, pump and dump schemes and wash trading;
- d. engage in fraudulent activities, or cause us to suspect that you have engaged in fraudulent activities or Transactions;
- e. undertake any activities or use the Mendel Platform and/or Mendel Services in a manner that results in, or may result in, complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties, or other liability to us, other users, third parties, or yourself;
- f. provide false, inaccurate or misleading information in connection with your use of the Mendel Platform and/or Mendel Services;
- g. use any web crawlers, bots, spiders or other automatic devices, programs, scripts or methods to access, obtain, copy or monitor any part of the Mendel Platform in a manner not purposely provided by it; attempt to access any part or function of the Mendel Platform without authorisation; probe, scan or test the vulnerabilities of the Mendel Platform or any connected network; violate any security or authentication measures; take actions that impose an unreasonable or disproportionately large load on the infrastructure; or forge headers, impersonate, or otherwise manipulate identifiers to disguise your identity or the origin of any messages you send to us;
- h. modify, adapt, disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code, object code, underlying concepts, ideas or algorithms of the Mendel Platform, Mendel Services or any components thereof;
- i. modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, broadcast, publish, remove or alter any copyright statement or label, or licence, sub-licence, sell, rent, lease, grant security interests in, or create derivative works of any part of the Mendel IP;
- j. facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage or detrimentally interfere with the Mendel Platform and/or Mendel Services;
- k. create, or purport to create, any security over your user-generated Digital Assets on the Mendel Platform without our prior written consent;
- l. violate, or attempt to violate, (i) any Applicable Law; or (ii) our or any third party’s copyright, patent, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- m. access or use, or attempt to access or use, the Mendel Platform and/or Mendel Services directly or indirectly from any jurisdiction the Mendel Entities and affiliates have deemed high risk, including but not limited to Russia, Cuba, Iran, North Korea, or Syria, or any jurisdiction identified as sanctioned by the United States of America, United Kingdom, European Union or United Nations, including but not limited to those on the sanctions lists maintained by the U.S. Office of Foreign Assets Control;
- n. use the Mendel Platform, Mendel Services, or any Digital Asset in connection with any capital raise, pooled investment scheme, profit-sharing arrangement, revenue participation right, tokenized equity or debt representation, or any other activity intended to represent an ownership, creditor, or investment interest in an ongoing business or enterprise;
- o. create, distribute, or use deceptive synthetic media, including AI-generated voice, video, images, avatars, or likenesses, to falsely imply endorsement, affiliation, authorship, governance authority, treasury control, or market intent;
- p. use VPNs, proxies, geolocation spoofing, burner identities, linked social accounts, or other technical means to evade jurisdictional, sanctions, fraud, or platform-integrity controls; and
- q. engage in any deceptive, manipulative, evasive, coordinated, or integrity-undermining conduct (whether on-platform or off-platform, directly or indirectly, manually or through automated, AI-generated, synthetic, or other technological means) that is reasonably likely to mislead users, conceal identity or affiliation, evade platform controls, artificially affect the market for any Digital Asset, or otherwise undermine the security, integrity, or lawful operation of the Mendel Platform or Mendel Services.
22. Representations and Warranties
You hereby represent and warrant to us, at all times, the following:
- a. all decisions made in connection with these Terms were solely and exclusively based on your own judgement;
- b. you have full power, authority, and capacity to (i) access and use the Mendel Platform and Mendel Services; and (ii) enter into and perform your obligations under these Terms;
- c. where participating in user-generated Digital Assets, you have independently assessed such assets and are using no more of your financial resources than is prudent and reasonable;
- d. all consents, approvals, and registrations required to use the Mendel Platform and Services have been lawfully obtained;
- e. you either (i) have enforceable rights to use any images and IP uploaded to the Mendel Platform, or (ii) have obtained all necessary permissions to do so;
- f. these Terms constitute valid and legally binding obligations enforceable against you; and
- g. your access and use of the Mendel Platform and Services will not breach your constitutional documents (if you are a legal entity), breach any instrument or agreement you are a party to, or cause any party to breach any Applicable Law or legal decision.
23. Technology Disclaimers
23.1. The Mendel Platform and Mendel Services are provided on an “as is” and “as available” basis without any representation or warranty, whether express or implied, to the maximum extent permitted by Applicable Law. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
23.2. We do not warrant that access to the Mendel Platform or Services will be continuous, uninterrupted, timely, or error-free. Delays, service interruptions, and time-sensitive transaction failures may occur.
23.3. Although we may display or make available information on the Mendel Platform, including data derived from third-party sources (“Third-Party Data”), we make no representations, warranties or guarantees, whether express or implied, that such content is accurate, complete, reliable, or up to date. You acknowledge that Third-Party Data is provided for informational purposes only, that the Mendel Entities and affiliates do not verify, audit, or guarantee it, that any reliance on such information is entirely at your own risk, and that the Mendel Entities and affiliates shall have no responsibility or liability whatsoever for any loss arising from or related to your use of, or reliance on, any Third-Party Data.
23.4. Links to third-party websites may be provided as a convenience but they are not controlled by us. You agree that we are not responsible for any aspect of the content, materials, information or services contained in any third-party websites accessible or linked from the Mendel Platform, including any data feeds, pricing information, analytics, token metrics, information regarding token creators, or other information that originates from third-party providers.
23.5. You are responsible for obtaining the data network access necessary to access and use the Mendel Platform and Mendel Services, and for acquiring and updating compatible hardware or devices. We do not guarantee that the Mendel Platform, Mendel Services, or any portion thereof, will function on any particular hardware or devices. The Mendel Platform and Mendel Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
24. Indemnity
24.1. You hereby undertake and agree to indemnify us and hold us harmless upon demand from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any and all persons or entities, including third parties, governmental authorities, and industry bodies, as well as all claims, liabilities, damages (actual and consequential), losses (including direct, indirect, or consequential), costs, and expenses, including all interest, penalties and legal or other reasonable attorneys’ fees and professional costs (“Losses”), arising out of or in any way connected with (a) your access to or use of the Mendel Platform and Mendel Services; (b) your breach or alleged breach of these Terms; (c) your contravention of any Applicable Law; and (d) your violation of the rights (intellectual property or otherwise) of any third party.
24.2. You irrevocably and unconditionally agree to release us from any and all claims and demands (and waive any rights you may have now or in the future), arising directly or indirectly out of or in connection with any dispute you have with another user or third party, connected in any way with the Mendel Platform, Mendel Services, or these Terms.
25. Liability
25.1. The Mendel Entities and affiliates are not responsible for any loss suffered by you or any third party, except where such loss arises solely and directly from our wilful misconduct or actual fraud. We are not liable for any loss related to user-generated Digital Assets.
25.2. Our total liability to you under any circumstance will not exceed the amount of fees you paid to us for the transaction giving rise to the claim. This amount shall represent full and final settlement of any claim.
25.3. Notwithstanding any other clause in these Terms, you hereby acknowledge and agree that in no event will the Mendel Entities or any affiliate be responsible or liable to you or any other person or entity for: (a) any direct or indirect losses (including loss of profits, business or opportunities), damages, or costs, whether arising out of or in connection with the Mendel Platform, the Mendel Services, or otherwise, including the operation of the protocols underlying any Digital Asset; any inaccuracy, defect or omission of Digital Asset price data; regular or unscheduled maintenance; the theft of a device; other users’ actions, omissions or breaches; computer viruses, phishing, spoofing or other attacks; hardware failure; any termination, suspension or restriction of access; the failure or length of any Transaction; our refusal or delay in acting upon any Instruction; any breach of security including your Wallet; third-party fraud or scams; or any reliance on Third-Party Data; (b) any loss of business, profits, anticipated savings or opportunities, or any special, punitive, aggravated, incidental, indirect or consequential losses or damages; (c) any losses or damages you may incur due to Manifest Error and/or in the event of extreme market volatility; and/or (d) any losses forming part of a Claim that has not been commenced by way of formal legal action within one calendar year of the commencement of the matter giving rise to the Claim (or, to the extent this period is prohibited by law, the minimum period applicable under the applicable law shall apply instead).
25.4. We are not liable for malware, phishing, or spoofing attacks. You are responsible for using antivirus software and for protecting access credentials to your Wallet and devices.
26. Governing Law
Aside from where Applicable Law requires or provides you with a choice otherwise, these Terms (including the arbitration agreement below) shall be governed by, and construed in accordance with, the laws of the jurisdiction in which Mendel is established, without regard to conflict-of-laws principles.
27. Dispute Resolution; Arbitration
PLEASE READ THIS SECTION CAREFULLY: IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
27.1. Binding Arbitration. Except for disputes where we seek injunctive or equitable relief related to intellectual property, you waive your rights to have Disputes adjudicated in court or before a jury. All Disputes must be resolved by binding arbitration.
27.2. Informal Dispute Resolution. You must notify us in writing of any Dispute within thirty (30) days of its arising. You agree to engage in a good faith informal resolution process, including at least one telephonic conference, before proceeding to formal arbitration.
27.3. Arbitration Process. A single arbitrator with relevant experience will be appointed. Arbitration will be conducted in the English language, and will be private and confidential unless disclosure is legally required.
27.4. No Class Actions. All Disputes must be brought individually. Class arbitrations, class actions, and representative actions are strictly prohibited.
27.5. Mass Arbitrations. If 25 or more similar claims are filed, a batching procedure will apply. Selected test cases will go to arbitration first, followed by mediation. Claims not resolved may return to arbitration in batches or may be opted out for court filing.
27.6. Severability. If any part of this arbitration clause is found unenforceable, the rest will still apply. The arbitrator shall have exclusive authority to determine the scope, validity, and arbitrability of any Dispute. These arbitration provisions survive the termination of these Terms.
28. Contact
28.1. If you have questions, feedback, or complaints you can contact us through our official support and social channels linked in the footer of the Mendel Platform.
28.2. Where necessary, and in accordance with our Privacy Notice, we will contact you using the details you have provided to us or that we may reasonably find, such as by directly messaging you on X.
29. General Terms
- 29.1. You must comply with all Applicable Law, licensing requirements, and third-party rights, including data protection and anti-money laundering laws.
- 29.2. We may give notice to you electronically, including through social media. You must provide notice to us as directed in these Terms.
- 29.3. Official announcements will be made from the official Mendel accounts.
- 29.4. These Terms constitute the whole agreement between you and the Mendel Entities and affiliates.
- 29.5. You may not assign your rights without our prior written consent. We may assign ours freely.
- 29.6. If any clause is found invalid, the remainder of the Terms remains in effect.
- 29.7. In case of conflict, the English version of the Terms prevails over any translations.
- 29.8. These Terms do not create third-party beneficiary rights.
- 29.9. Provisions that naturally survive termination will remain binding.
- 29.10. These Terms do not establish a partnership, joint venture, or agency relationship.
- 29.11. We are not liable for delay or failure to perform due to a Force Majeure Event.
- 29.12. No delay or omission in enforcing rights shall waive future enforcement.
- 29.13. You are responsible for determining and paying all applicable taxes related to your use of the Mendel Platform and Services.
30. Wallets
30.1. The Mendel Platform is non-custodial and is accessed using a self-custodial digital Wallet that you provide and control (for example, a browser-extension wallet, a mobile wallet connected via WalletConnect, or Coinbase Wallet). Any such Wallet is provided by a third-party wallet provider that is not affiliated with the Mendel Entities. You are solely responsible for reading and understanding your wallet provider’s terms and conditions, and for the security of your Wallet, its recovery credentials, and its private keys. Mendel Entities and affiliates have no control over your Wallet or the private keys to it.
30.2. None of the Mendel Entities or affiliates shall be responsible for the operation or features of the Wallet or be liable for any losses or damage incurred or suffered directly or indirectly as a result of using the Wallet.
31. Definitions and Interpretation
In these Terms:
- 31.1. Clause headings and numbering are for convenience only and do not affect the meaning or interpretation.
- 31.2. “Include” and “including” mean without limitation.
- 31.3. Any obligation not to do something includes not permitting it to be done.
- 31.4. Words in the singular include the plural and vice versa; words referring to gender include all genders.
- 31.5. In case of inconsistency, the Privacy Notice prevails over these Terms, and these Terms prevail over any other referenced documents unless otherwise stated.
Defined Terms:
- Activity History: The record of your Transactions and activity on the Mendel Platform and Services.
- Applicable Law: All relevant laws, regulations, rules, and legal requirements in any jurisdiction applicable to the provision or use of the Mendel Platform or Services.
- Claim: Any dispute or legal controversy between you and Mendel Entities relating to these Terms, your use of the platform, or related non-contractual obligations.
- Created IP: Intellectual property created by us (or on our behalf) in connection with providing the Mendel Platform and Services.
- Digital Assets: Digitally represented value stored and transferred via distributed ledger technologies, including cryptocurrencies, tokens, and NFTs.
- Dispute: Any dispute, claim, or controversy arising out of or relating to these Terms or the Mendel Services.
- EVM Blockchain: A distributed ledger network that uses the Ethereum Virtual Machine (EVM) as its execution environment for processing transactions and smart contracts, such as Robinhood Chain.
- Force Majeure Event: Unforeseeable circumstances that prevent us from fulfilling our obligations, e.g., natural disasters, war, pandemics, or major technical failures.
- Improper Intent: Behaviour deemed fraudulent, abusive, or manipulative by Mendel, including unfair advantages and market manipulation.
- Instruction: Any command submitted by you to the Mendel Platform to execute a Transaction on Robinhood Chain.
- Intellectual Property Rights: Copyrights, patents, trademarks, design rights, and any other similar rights worldwide.
- List of Prohibited Countries: High-risk jurisdictions such as Cuba, Iran, North Korea, Syria, and others under international sanctions.
- Losses: As defined in Clause 24.1, includes direct and indirect damages, costs, and legal fees.
- Manifest Error: Obvious mistakes in data or actions that are clear and indisputable.
- Mendel Entity: Mendel and its affiliated entities that develop, operate, or provide the Mendel Platform and Services.
- Mendel IP: All intellectual property owned or licensed by Mendel Entities related to the Mendel Platform and Services.
- Mendel Platform: The Mendel.fun website, application, and system through which users access Mendel Services.
- Mendel Services: Tools and services provided or created by Mendel Entities or affiliates to allow users to create, breed, trade, and discuss user-generated Digital Assets.
- Privacy Notice: The document outlining how we collect, use, and protect your personal data, located at /privacy.
- Robinhood Chain: The EVM Blockchain on which the Mendel Platform’s smart contracts are deployed and on which Transactions settle.
- Security Breach: Any unauthorized access or cyberattack affecting you, Mendel, or the Mendel Services.
- Third-Party Data: Data, content, pricing information, analytics, or other materials obtained from third-party sources and displayed on the Mendel Platform.
- Trade Marks: All logos, branding, and service marks used in connection with the Mendel Platform.
- Transaction: The creation, breeding, buying, or selling of Digital Assets on or through the Mendel Platform.
- User IP: Intellectual property owned by you that you upload or make available via the Mendel Platform.
- User Material: All content (e.g., Digital Assets, posts, images) that you upload or create via the Mendel Platform.
- Wallet: The self-custodial digital wallet you connect to the Mendel Platform.