Last updated: October 6, 2026
ATH Terms of Service
What changed on October 6, 2026. We added Section 6.7 (automatic token-account cleanup and dust burning), updated Sections 5.2 and 6.2 and the notices below to describe how your Embedded Wallet signs, updated Sections 13 and 23 because we closed the AI assistant and the Telegram bot, and updated Sections 8, 10, 11, and 17 and the related references because the Service is now free and we no longer sell Paid Plans. Dust burning under Section 6.7(b) is on for every Account from October 6, 2026; you can turn it off in Settings at any time. The other changes describe how the Service already works.
These Terms of Service (the "Terms") are a binding agreement between you and ATH ("ATH," "we," "us," or "our"). They govern your access to and use of the ATH website at ath.trade, our API, and every other feature we offer (together, the "Service"). We closed our Telegram bot and our AI assistant in October 2026; Sections 13 and 23 say what still applies to them.
You accept these Terms when you click "I agree" (or a similar control) when you first connect a Wallet or sign in. You also accept them by using the Service. By accepting, you acknowledge that you have read our Privacy Policy at https://ath.trade/privacy, which explains how we handle personal data. If you do not agree to these Terms, do not use the Service.
Please read these notices before you continue:
- Restricted jurisdictions and sanctions. You may not use the Service if you are located in, organized in, or a resident of a Restricted Jurisdiction, or if you are a Sanctioned Person. See Section 3.
- You control your wallet. We do not. ATH is non-custodial. We never hold your funds or your private keys. Whether you sign in with Google or Apple (which creates an embedded wallet through Privy) or connected an external wallet before October 22, 2026, every transaction from your Wallet is signed by your Wallet within your session, as described in Sections 6.2 and 6.7, and you are responsible for your keys. We cannot reverse transactions or recover lost keys. See Sections 5 and 6.
- We are not an exchange, broker, money transmitter, or advisor. Nothing on the Service is financial, investment, legal, or tax advice. See Section 7.
- Adults only. You must be at least 18 years old and at least the age of majority where you live. See Section 2.
- No VPNs to evade restrictions. Using a VPN, proxy, or any other tool to hide your location so you can use the Service from a Restricted Jurisdiction is prohibited. See Section 3.
- Limited liability. Sections 26 and 27 limit what we are responsible for.
- Arbitration and class action waiver. Section 31 requires most disputes to be resolved by individual arbitration and waives class actions and jury trials. You can opt out within 30 days. Section 31 does not apply to Consumers in Canada, and parts of it do not apply to consumers in California.
1. Definitions
In these Terms:
- "Account" means the ATH account tied to your Wallet address or your Privy user identifier, including your profile.
- "AI Assistant" means the former conversational assistant, named "Peak," which we closed in October 2026 (Section 13).
- "API" means any programmatic interface to Market Data that we may offer. We do not offer one today (Section 17).
- "Consumer" means an individual who uses the Service for personal, family, or household purposes and not for business.
- "Digital Asset" means SOL, any token issued on the Solana blockchain, and any other cryptoasset the Service supports now or in the future.
- "Embedded Wallet" means the non-custodial wallet that Privy (privy.io, operated by Privy, Inc., a Stripe company) ("Privy") creates for you when you sign in with Google or Apple.
- "External Wallet" means a self-custody wallet application that you control and connected to the Service before October 22, 2026, when we stopped offering this option.
- "Fee Schedule" means the schedule of Platform Fees, referral percentages, and other charges published at https://ath.trade/fees, as we update it from time to time. The Fee Schedule is part of these Terms.
- "Market Data" means prices, market capitalization, liquidity, trade history, holder data, candles, security signals, positions, rankings, and any other information about Digital Assets or wallets that we display, compute, or make available through the Service.
- "Paid Plan" means a subscription or other paid tier of the Service. We do not offer any today (Section 10).
- "Platform Fee" means the fee we charge on Swaps, as described in Section 8 and the Fee Schedule.
- "Privacy Policy" means our privacy policy at https://ath.trade/privacy.
- "Restricted Jurisdiction" means any country, territory, or region subject to comprehensive sanctions or embargoes administered by the United States (including by the Office of Foreign Assets Control, "OFAC"), or subject to a comprehensive embargo under Canada's United Nations Act or Special Economic Measures Act, together with none.
- "Sanctioned Person" means any person or entity that is listed on, or owned or controlled by a person listed on, a sanctions list maintained by the United States, Canada, the United Nations, or another applicable authority. This includes OFAC's Specially Designated Nationals and Blocked Persons List, Canada's Consolidated Canadian Autonomous Sanctions List, and any person listed under regulations made under Canada's Special Economic Measures Act, the Freezing Assets of Corrupt Foreign Officials Act, the Justice for Victims of Corrupt Foreign Officials Act, or the United Nations Act, or under section 83.05 of the Criminal Code (Canada).
- "Service" has the meaning given in the opening paragraph.
- "Swap" means a spot exchange of one Digital Asset for another that you initiate through the Service, that is routed through the DFlow aggregator, and that settles immediately on-chain. A Swap is not a "swap," future, option, or other derivative under the Commodity Exchange Act.
- "Third-Party Service" means any product, service, network, protocol, or content that we do not own or control, including those listed in Section 22.
- "Tip" means a transfer of SOL from one user to another that is initiated from the community features of the Service.
- "User Content" means anything you post, upload, or submit to the public or community parts of the Service, including profile information, posts, comments, reactions, and images. Your questions to the AI Assistant are not User Content.
- "Wallet" means an External Wallet or an Embedded Wallet.
- "You" and "your" mean the person or entity using the Service.
2. Acceptance, Eligibility, and Language
2.1 Eligibility. By using the Service, you confirm that you: (a) are at least 18 years old and at least the age of majority in the province, territory, or state where you live, and have the legal capacity to enter into these Terms; (b) are not a Sanctioned Person; (c) are not located in, organized in, or a resident of a Restricted Jurisdiction; (d) have not previously been suspended or removed from the Service; and (e) will use the Service in compliance with these Terms and all applicable laws. The Service is not directed to anyone under 18. If we learn that a user is under 18, we will terminate the Account and delete the personal data we hold about that user, as the law requires.
2.2 Entities. If you use the Service on behalf of a company or other entity, you represent that you have the authority to bind it, and "you" includes that entity.
2.3 Where we operate. The Service is offered to users in the United States and Canada. We may make the Service available or unavailable in other places at any time. You are responsible for complying with the laws of wherever you are.
2.4 Language. These Terms are written in English. We provide a Spanish translation for convenience. If you are a consumer in Quebec: until our French version is published, you confirm that you have expressly requested that these Terms and all related documents be drawn up in English. Les parties confirment avoir expressément demandé que la présente convention et tous les documents qui s'y rattachent soient rédigés en anglais. Except as that clause provides, if versions conflict, the English version controls, unless the law of your place of residence requires otherwise.
3. Restricted Jurisdictions, Sanctions, and Location Evasion
3.1 No service in Restricted Jurisdictions. We do not offer the Service to anyone located in, organized in, or resident of a Restricted Jurisdiction. You must not use the Service from a Restricted Jurisdiction.
3.2 Sanctioned Persons. You must not use the Service if you are a Sanctioned Person, or if you act on behalf of one. You must not use the Service to transact with a Sanctioned Person.
3.3 No location evasion. You must not use a VPN, proxy, Tor, spoofed location data, or any other method to disguise your location or to get around a restriction we apply. We may use IP geolocation, Cloudflare, and other tools to enforce this Section, including against restricted states, provinces, and territories. We describe how we locate you and what you can do about it in the Privacy Policy.
3.4 Consequences. If we believe you have violated this Section, we may block, suspend, or terminate your access immediately, without any obligation to you. If we block, suspend, or restrict you based solely on automated processing (for example, IP geolocation or automated detection of manipulation), we will tell you that the decision was automated when we tell you the decision. You may ask us at [email protected] which information we used and why, and ask a person to review the decision. If you are in Quebec, you have this right under the Act respecting the protection of personal information in the private sector.
3.5 Export controls. You must comply with United States and Canadian export control laws in connection with the Service.
3.6 Wallet screening. We may screen wallet addresses against sanctions lists and blockchain analytics tools. We may block, restrict, or refuse to prepare or broadcast any transaction that involves an address we believe is subject to sanctions or connected to unlawful activity, without liability to you. You represent that the Digital Assets you use with the Service are not derived from unlawful activity.
4. Changes to These Terms and to the Service
4.1 Changes to these Terms. We may update these Terms. When we do, we will post the updated version with a new "Last updated" date. If a change is material, we will give notice at least 30 days before it takes effect, through the Service or by email if we have your address. A change that is required by law, or that addresses a security or legal risk, may take effect sooner where the law allows. Your continued use of the Service after a change takes effect means you accept it. If you do not accept a change, stop using the Service before the change takes effect.
If you are a Consumer in Quebec: we may change only the features of the Service, the rules of conduct, and the Fee Schedule for future Swaps. We will send you a written notice at least 30 days before a change takes effect. The notice will set out the new clause (or the amended clause and the clause as it read before), the date the change takes effect, and your right to refuse the change and end this agreement at no cost, penalty, or cancellation indemnity by sending us a notice no later than 30 days after the change takes effect. We will not change the nature of the service. If you are a Consumer in Ontario, we will give you the notice and cancellation rights that the Consumer Protection Act, 2002 (Ontario), or the Consumer Protection Act, 2023 (Ontario) once in force, requires.
4.2 Changes to the Service. We may change, suspend, or discontinue the Service or any feature, add or remove supported networks or Third-Party Services, and set limits on use, at any time. We will try to give notice of major changes, but we are not required to.
4.3 Previews and "coming soon." Features labeled "coming soon," "beta," "preview," or similar are not promises. We may change or cancel them at any time. Nothing shown as "coming soon" creates any right until we announce that it is in effect.
5. Accounts, Wallets, and Security
5.1 Two ways to access. You can use the Service in two ways:
(a) External Wallet. Until October 22, 2026 you could connect a self-custody wallet application. We no longer offer this option. If you used one, you approved each transaction inside your wallet application, and your wallet provider's terms apply to your wallet.
(b) Sign in with Google or Apple. When you sign in this way, Privy creates an Embedded Wallet for you. The Embedded Wallet is non-custodial. Privy splits the key using Shamir secret sharing and performs signing inside secure enclaves. You can export your private key through Privy at any time. Privy's terms and privacy policy apply to the Embedded Wallet.
5.2 We never see your keys. We do not have, and cannot obtain, your private key or seed phrase, whether you use an External Wallet or an Embedded Wallet. We cannot reset your key, recover your wallet, or move your assets. ATH cannot sign a transaction from your Embedded Wallet, and our servers never hold your key. Your Embedded Wallet signs only inside your own signed-in browser session, when you take an action in the Service or as part of an action you started, or for the cleanup described in Section 6.7. Neither ATH nor Privy can sign outside your session, and we have not enabled any delegated or server-side signing. If you lose access to the Google or Apple account you used to sign in, you may lose access to your Embedded Wallet, and we will not be able to help. Anyone who gains control of your Google or Apple account, or of a signed-in session, may be able to control your Embedded Wallet. Export and back up your key if you want to protect against that.
5.3 Your responsibilities. You are responsible for keeping your Wallet, devices, sign-in credentials, and sessions secure. You are responsible for activity through your Account or Wallet, except to the extent a loss results from our breach of these Terms, our failure to use reasonable security measures in the Service, or conduct for which Section 27.4 says liability cannot be limited. Tell us at [email protected] right away if you believe your Account has been compromised. If we learn of a security incident affecting your Account, we will notify you and the authorities as the law requires.
5.4 Usernames and profiles are a revocable license. You do not own your username or profile. We grant you a limited, revocable license to use them while your Account is in good standing. We may change, reclaim, or remove any username or profile that impersonates someone, infringes a trademark, is offensive, is inactive, or violates these Terms, without liability to you.
5.5 Your profile is public. When you connect a Wallet or sign in, the Service creates a public profile. Your username, profile details, connected wallet address, open and closed positions, swaps, followers and follows, posts, reactions, Tips, and ranking data are visible to anyone, including people who do not use the Service. The Solana blockchain is public, and the Service reads and displays what is on it. If you sign in with Google or Apple, the profile you create is linked to the Embedded Wallet's public address and its on-chain activity. We tell you this when you first connect a Wallet or sign in, and we ask you to acknowledge it. Do not connect a Wallet whose activity you want to keep private. You may ask us at [email protected] to stop displaying your profile or to exclude it from rankings.
5.6 No account abuse. You must not create or use multiple Accounts or Wallets to evade a suspension, to manipulate rankings or referrals, or to get around any limit. You must not sell, rent, or transfer your Account.
6. Non-Custodial Service and Blockchain Transactions
6.1 No custody. We do not hold, control, or have access to your Digital Assets or your private keys at any time. We cannot freeze, reverse, cancel, or recover any transaction or asset.
6.2 What we actually do. When you start a Swap, Tip, or transfer, the Service prepares an unsigned transaction and shows you its details. You review the transaction and approve it. If you use an External Wallet, you sign it in that wallet. If you use an Embedded Wallet, the wallet signs only when you approve the transaction in your own browser session. Our servers cannot sign. Apart from the cleanup transactions described in Section 6.7, which your Embedded Wallet signs within your session, we have no ability to create, sign, or send a transaction without your approval. After the transaction is signed, it is broadcast, unchanged, to the Solana network, either by your wallet provider or by us through Helius or other RPC nodes, as a purely technical service. We cannot alter it, and you could broadcast the same signed transaction yourself through any Solana node. Once a transaction is broadcast, it is out of our hands. We do not execute, clear, or settle anything ourselves.
6.3 Transactions are final. Blockchain transactions cannot be undone. If you send assets to the wrong address, buy the wrong token, sign a transaction you did not intend to sign, or interact with a scam, the loss is yours. Check every detail before you sign.
6.4 Network conditions. The Solana network and the RPC providers we use may be congested, slow, or unavailable. Transactions may fail, be dropped, or confirm later than expected. Network fees may be charged even when a transaction fails. We are not responsible for any of this.
6.5 Digital Asset risks. You understand and accept that:
(a) Digital Assets are highly volatile and can lose all of their value;
(b) many tokens on Solana are created anonymously and may be fraudulent, illiquid, or designed to trap buyers;
(c) smart contracts and token programs may contain bugs or malicious code;
(d) trades can be affected by front-running, sandwich attacks, and other on-chain behavior;
(e) transfer taxes or restrictions coded into a token are outside our control;
(f) laws and regulations may change and affect your ability to hold or use Digital Assets;
(g) some Digital Assets may be securities, commodities, or otherwise regulated under United States or Canadian law. We do not determine the legal status of any Digital Asset, and we do not select, list, or curate the tokens that appear in the Service; they appear because they exist on-chain. You are responsible for determining whether you may lawfully trade any Digital Asset; and
(h) you alone bear the tax consequences of your activity.
6.6 Security signals are heuristics. The security signals we show (such as snipers, bundlers, insiders, developer movements, and risk scores) are produced automatically from public data using methods we design and change. They can be wrong in both directions: a token flagged as risky may be fine, and a token that shows no flags may be a scam. They are not a guarantee of safety and are not a reason to trade.
6.7 Automatic token-account cleanup and dust burning (Embedded Wallets on Solana). Each token your Wallet holds on Solana sits in a token account that locks a small SOL deposit called rent (about 0.0015 to 0.002 SOL). To give that rent back to you, while you are signed in your Embedded Wallet may sign, without a separate confirmation, a cleanup transaction that the Service prepares. This can happen after you sell all of a token, a few seconds after a purchase, when you start a purchase and your Wallet lacks SOL for network fees, or when you tap "Reclaim rent."
(a) Empty accounts. The cleanup closes your token accounts that hold no tokens. Nothing of value is destroyed and the rent returns to your Wallet.
(b) Tokens with no liquidity or worth less than their rent ("dust"). The setting "Burn dust automatically" in Settings → Wallet is on by default. While it is on, the cleanup also permanently burns a token balance and closes its account, but only when all of the following are true: by our estimate the balance is worth less than the rent of its token account, which can include tokens that have lost most or all of their liquidity, as long as our market data still gives them a price, and in any case less than a ceiling we set (currently US$1.00); it has stayed below that rent for the previous 24 hours, even at its highest traded price in that period; and, if you bought that token, through ATH or elsewhere, at least 24 hours have passed since your last purchase. We do not burn a balance whose value we cannot estimate. We never burn SOL, USDC, or USDT.
(c) Your choice. You can turn off "Burn dust automatically" at any time in Settings → Wallet. We always respect that choice, and empty accounts will still be closed. Dust burning is on by default for every Account from October 6, 2026, and accepting or continuing to use the Service under these Terms is your agreement to this Section 6.7(b). If you turn it off, nothing is burned until you turn it on again.
The rent always returns to your own Wallet; we receive nothing, and the only cost is the base Solana network fee for the cleanup transaction. Burning is permanent and cannot be undone, even if the token's price later rises. Our estimates rely on market data from third parties and from us, which may be wrong or delayed. After each cleanup that burns anything, the Service tells you which tokens were burned, the amounts, their estimated value, and the rent returned, and a burned position stays in your history as "Burned". We keep a record of each balance burned, with its transaction signature (see our Privacy Policy). If we change the ceiling or the conditions above in a way that matters to you, we will give you notice under Section 4.1 before the new conditions apply to your Account. With an External Wallet, nothing is burned, and empty accounts are closed only if you approve it in your wallet application.
7. What We Are Not; No Advice
7.1 Not a financial intermediary. ATH is a software and information service. We are not an exchange, broker-dealer, market maker, money services business, money transmitter, payment processor, custodian, bank, trust company, or investment adviser. We never accept, hold, or transmit value on your behalf. The only thing we do with a transaction is broadcast it to the Solana network, unchanged, after you have signed it, the same way a wallet application or a network node does. Swaps are executed by on-chain programs through the DFlow aggregator with your signature and settle directly from your Wallet to your Wallet. We are never your counterparty. Apart from the Platform Fee, which is a charge for the use of our software, we never receive any part of your Swap. Tips and transfers are direct transfers between users' Wallets. We do not offer derivatives, perpetual contracts, futures, options, margin, leverage, tokenized stocks, or purchases of Digital Assets with fiat currency.
7.2 No advice. Nothing on the Service is investment, financial, trading, legal, tax, or accounting advice, and nothing is a recommendation, offer, or solicitation to buy or sell any Digital Asset. This applies to Market Data, rankings, security signals, the AI Assistant, alerts, posts by other users, and anything else on the Service. All decisions are yours alone. Consult a licensed professional if you need advice.
7.3 No fiduciary relationship. We owe you no fiduciary duty, and these Terms do not create one.
7.4 We do not vet anyone. We do not verify the identity, honesty, or skill of other users, token creators, or projects. Displaying a token, wallet, or trader on the Service is not an endorsement.
7.5 No registration; no trading platform. We are not registered with any securities regulator in the United States or Canada, and we do not operate a crypto asset trading platform, marketplace, dealer, or custodian. We never take possession or control of your Digital Assets: every Swap settles directly from your Wallet to your Wallet in the same on-chain transaction that you sign. The Service does not offer any product that we understand to be a security or derivative.
8. Swaps and Platform Fees
8.1 Routing. Swaps are routed by the DFlow aggregator and executed by the liquidity pools it selects. We do not choose the route, set the price, or act as your counterparty. The quote you see may differ from the price you get because of slippage, market movement, and network timing.
8.2 Platform Fee. We charge a Platform Fee on each Swap. The Platform Fee is collected inside the Swap transaction, paid straight to our fee account, and deducted from the Swap automatically. The current rate is 0.50% (50 basis points), and the same rate applies to every Account. We may charge less, or nothing, on some Swaps or for some periods, but never more than the rate in the Fee Schedule when you sign the Swap. The Platform Fee is deducted in SOL or the token being swapped, exactly as shown on the confirmation screen and is shown to you before you confirm.
8.3 Fees we do not charge or control. In addition to the Platform Fee, you pay Solana network fees, any priority fee, and the fees charged by the liquidity pools and routes the aggregator uses, and you bear slippage. Some tokens also carry transfer taxes coded into the token itself. None of these amounts go to us, and we do not control them. They are non-refundable, and network fees may be charged even if your Swap fails.
8.4 Changes to fees. We may change Platform Fees by updating the rate in Section 8.2 and the Fee Schedule. A change applies only to Swaps signed after it is published, and the fee in effect is always shown before you confirm.
8.5 No refunds of Platform Fees. Platform Fees are earned when the Swap is confirmed on-chain and are not refundable. Any dispute about routing, pricing, or execution is between you and the relevant Third-Party Service.
9. Tips and Transfers Between Users
9.1 Direct transfers. Tips in SOL, and transfers of SOL or tokens from one user to another, are direct wallet-to-wallet transfers on the Solana blockchain. The Service prepares the transaction; you sign it from your own Wallet; the assets go straight from your Wallet to the recipient's Wallet. We do not hold, escrow, or take a cut of any Tip or transfer; we only broadcast the signed transaction as described in Section 6.2. Only Solana network fees (including any priority fee) and any account rent deposits required by the network apply.
9.2 Irreversible. Tips and transfers cannot be reversed. Confirm the recipient before you sign. We cannot retrieve assets sent to the wrong person.
9.3 Not a party. We are not a party to any arrangement between users, we do not guarantee that a recipient will do anything in return, and we have no obligation to mediate disputes between users.
9.4 Limits on use. You may not use Tips or transfers to launder money, to pay for anything illegal, to manipulate rankings or community metrics, or to harass anyone. Recipients are responsible for any taxes on Tips they receive.
9.5 Visibility. Tip activity may be displayed on profiles, posts, and leaderboards.
10. Price of the Service; No Paid Plans
10.1 The Service is free. We do not charge for access to the Service or to any of its features, and we do not sell subscriptions or Paid Plans. The only amount we receive from your use of the Service is the Platform Fee on Swaps described in Section 8 and the Fee Schedule.
10.2 Paid Plans in the future. If we decide to offer Paid Plans or other paid features, we will announce them in the Service and publish their prices and terms, including billing, renewal, cancellation, and refunds, before you can buy. Those terms will apply only if you accept them separately when you buy, and nothing will be charged unless you do. Until then, nothing in these Terms obliges you to pay us anything other than the Platform Fee.
10.3 Plans bought before. We used to sell Paid Plans on the website and memberships in the former Telegram bot. We have stopped selling them, and the features they included that are still part of the Service are now free for everyone. If you paid for a Paid Plan or membership that still had time left when we stopped selling them, email [email protected]. We will honor any refund owed to you under the terms in effect when you bought it or under the law of your province, territory, or state.
11. Referral Program
11.1 How it works. The Service gives you a referral code you can share. When someone signs up using your code and becomes an active referral (a referred user who signs in, connects or creates a Wallet, and completes at least one Swap), the referral counts toward any reward we offer under this Section.
11.2 No current reward. Today, referrals earn no reward. Until we stopped selling Paid Plans, referrals could earn time on a Community Tier that unlocked the features of the Paid Plans at no charge. Those features are now free for everyone, so the Community Tier has ended, and no Community Tier time is earned or owed. If we add a reward, we will describe it in the Fee Schedule before any referral counts toward it.
11.3 Planned fee-sharing program. We plan to offer a program that shares a percentage of the Platform Fees generated by the users you refer. That program is not in effect. Any mention of it in the Service describes a planned feature only. You have no right to any fee share until we announce that the program is live and publish its percentages, thresholds, payout form, and schedule in the Fee Schedule. Referrals made before the program is live do not earn any fee share unless we expressly say so when we launch it. Once live, the program is governed by this Section and by the Fee Schedule. Any fee share is compensation for referring new users to the Service, not for any trade, and we may exclude from it fees on any Digital Asset or activity at our discretion. We may require identity or tax information before making any payout.
11.4 Rules. You must not: refer yourself or accounts you control; create fake, duplicate, or automated accounts; use bots or scripts; send spam or unsolicited messages; run paid advertising using our name or marks; make misleading claims about the Service or the rewards; refer anyone who is not eligible under Section 2 or Section 3; or otherwise game the program. If you share your referral code publicly (for example, on X, Telegram, or Discord), you must clearly disclose that you may receive a reward from ATH. You must not present yourself as our agent, solicit or recommend trades in any specific Digital Asset on our behalf, or promise any return. If you invite people by email, text message, or direct message, you are responsible for complying with Canada's Anti-Spam Legislation and similar laws: send invitations only to people who have agreed to receive them or with whom you have a personal or family relationship, identify yourself, and send no more than one invitation to the same person.
11.5 Our rights. We may audit referral activity; delay, withhold, reverse, or void any reward we believe was earned in breach of these Terms; suspend or remove you from the program; and change, pause, or end the program or its rewards at any time, with or without notice. Rewards already credited in good faith remain yours unless they were obtained in breach of these Terms.
11.6 Taxes on rewards. You are responsible for any taxes on referral rewards.
12. Leaderboards, Rankings, and Metrics
12.1 How rankings are built. Rankings such as Top Profit, Performers, and community leaderboards are computed from public blockchain data, Market Data from third parties, and activity on the Service, using methods that we choose and may change without notice.
12.2 Accuracy. Rankings, positions, profit and loss figures, portfolio values, and similar metrics are estimates. They depend on data we read from the chain through Helius and other providers and on third-party prices, and they may be delayed, incomplete, or wrong. They may not account for transfers between your own wallets, activity outside the Service, fees, or taxes. Past performance shown on the Service does not predict future results, and following a trader is your own decision.
12.3 No manipulation. You must not manipulate rankings or metrics. This includes wash trading, trading between wallets you control, coordinated trading to inflate results, fake engagement, bots, circular Tips, and exploiting data errors.
12.4 Our rights; not recommendations. Rankings, "Traders to follow" lists, and similar features are generated automatically from metrics we choose. They are not recommendations to follow, copy, or trade with anyone, and appearing in them is not an endorsement by us. We may exclude, flag, recompute, correct, or remove any wallet, profile, or metric from any ranking at any time, and we may void any reward or recognition tied to a ranking, without compensation. Section 3.4 applies if such a decision is based solely on automated processing.
13. The Former AI Assistant
13.1 Closed. We closed the AI Assistant in October 2026, and it is no longer part of the Service. While it ran, it answered questions about tokens and wallets using our Market Data and a large language model provided by Anthropic, and your questions, together with the data needed to answer them, were sent to Anthropic, including outside Canada and Quebec, to generate the response. Sections 13.2, 13.5, and 13.6 still apply to the answers it gave before it closed. Anything that presents itself today as ATH's AI assistant is not us.
13.2 Answers can be wrong; general information only. The AI Assistant can produce answers that are inaccurate, incomplete, outdated, or invented. It does not know your situation and is not a licensed professional. It is built to give general information only. It will not tell you whether to buy, sell, or hold any Digital Asset, and if an answer appears to do so, do not treat it as a recommendation. Its answers are not financial, investment, legal, or tax advice. Do not rely on them without checking them yourself.
13.3 Availability. The AI Assistant is closed and takes no more questions.
13.4 Rules of use. You must not use the AI Assistant to generate harmful, illegal, or infringing content; to extract our data at scale; to bypass usage limits; to attack, jailbreak, or manipulate the model; or in any way that violates Anthropic's usage policies. Do not submit other people's personal data, or your own confidential information, to the AI Assistant.
13.5 Logs. We may keep a log of your questions and the answers to operate, secure, and improve the Service, as described in the Privacy Policy. Your questions to the AI Assistant are not User Content and are not covered by the license in Section 15.3.
13.6 Outputs. You may use the answers you receive for your own purposes. We do not claim ownership of them, but they may not be unique and may be similar to answers other users receive.
14. Market Data and Third-Party Materials
14.1 Sources. Market Data comes from the Solana blockchain, from third parties such as SolanaTracker, Helius, and RPC nodes, and from our own collectors and calculations. For tokens we track, our archive includes trade-by-trade records collected continuously since June 2026. Coverage may nevertheless have gaps or delays, and some records may be backfilled from third-party sources such as SolanaTracker.
14.2 Provided "as is." Market Data is provided as is and as available. We do not guarantee that it is accurate, complete, current, or fit for any purpose. It may be delayed, contain errors, or be discontinued at any time.
14.3 Token materials. Token names, symbols, images, descriptions, and links are supplied by token creators and third parties. They may be false, infringing, or misleading. We do not verify them and do not endorse any token. Third-party names and logos belong to their owners.
14.4 Reliance at your own risk. Any reliance you place on Market Data, security signals, rankings, alerts, or third-party materials is at your own risk. Do your own research.
14.5 Our rights in the database. Blockchain data is public, and nothing in these Terms stops you from reading it directly from the chain. Our selection, arrangement, compilation, computed metrics, and presentation of that data, and our archive, are our property to the extent the law protects them, and your use of them through the Service is governed by these Terms. See Sections 16 and 18.
15. Community Content, Conduct, and Moderation
15.1 Community features. The Service includes posts, comments, reactions, view counts, Tips, follows, and notifications.
15.2 Your content is your responsibility. You are solely responsible for your User Content. You represent that you own it or have the rights needed to post it; that it is lawful; that it does not infringe anyone's rights; and that it does not contain false or misleading statements about any Digital Asset.
15.3 License to us. You keep ownership of your User Content. You grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, adapt (for example, to format it or create link previews), publish, display, and distribute your User Content in connection with operating and improving the Service. This includes showing your public User Content within the Service and in previews of the Service. The license continues after you delete content to the extent the content was shared by others, is included in previews, or remains in backups, and to the extent needed to comply with law. We will not use your name, username, photo, likeness, or User Content in advertising or promotional material outside the Service without your separate consent, which you may withdraw at any time. Nothing here limits your rights under privacy law to ask us to delete your content.
15.4 Conduct rules. You must not post or do anything that: harasses, threatens, or defames anyone; promotes hatred or violence; reveals private information about anyone without consent; sexualizes minors; is spam or a scam; promotes or coordinates a pump-and-dump or other market manipulation; contains malware or malicious links; infringes anyone's intellectual property; impersonates any person, project, or ATH staff; or is otherwise illegal.
15.5 Disclose your interests. If you promote a Digital Asset in which you hold a position, or for which you have received or expect any payment or benefit, you must say so clearly in the post.
15.6 Moderation. We may remove, hide, edit, or restrict any User Content, and restrict or ban any user, at any time and for any reason, with or without notice. We have no obligation to monitor content, but we may. We may keep and disclose User Content when the law requires or when needed to protect users, the Service, or the public. Report abuse to [email protected].
15.7 Counts are approximate. View counts, reaction counts, and similar figures are approximations and may be adjusted.
15.8 Other users. We do not endorse User Content, and your interactions with other users are at your own risk.
16. Prohibited Uses
You must not, and must not help anyone else to:
(a) use the Service in violation of any law, or for any fraudulent or harmful purpose;
(b) use the Service from a Restricted Jurisdiction, as a Sanctioned Person, or through location-evasion tools;
(c) access the Service using bots, scripts, crawlers, scrapers, headless browsers, or any automated means, other than through an API we make available to you, under its terms and within its limits;
(d) scrape, harvest, mirror, or bulk download Market Data, profiles, User Content, or any part of our database, or use any part of the Service to build a competing dataset, product, or machine-learning model;
(e) use any API we offer without access that we have granted to you, exceed its rate limits, share or sell your API access or credentials, or resell or redistribute data obtained through it;
(f) reverse engineer, decompile, or attempt to discover the source code or algorithms of the Service, or circumvent any security, rate limit, Turnstile challenge, or access control;
(g) interfere with the Service, our infrastructure, or the networks and Third-Party Services we rely on, or impose an unreasonable load on them;
(h) engage in market manipulation of any kind, including wash trading, spoofing, pump-and-dump schemes, or coordinated schemes to mislead other users;
(i) launder money, finance terrorism, evade sanctions, or move the proceeds of crime;
(j) impersonate ATH, our staff, any user, or any project, or misrepresent your affiliation with anyone;
(k) manipulate rankings, metrics, reactions, views, or the referral program;
(l) phish, attempt to obtain anyone's keys, credentials, or sessions, or post malicious links or code;
(m) collect or store personal data about other users without their consent;
(n) infringe any copyright, trademark, or other right;
(o) trigger notifications to other users (for example, through mass reactions, follows, comments, or Tips) in order to spam or harass them;
(p) sell, transfer, or share your Account, or create Accounts for others;
(q) use the Service in any way that harms minors; or
(r) attempt any of the above.
17. API Access
17.1 Availability. We do not offer API access today. If we offer it in the future, we will publish the terms that apply to it, and any paid access will be offered as described in Section 10.2. Using an API without access that we have granted to you is prohibited.
17.2 Access and limits. API access is tied to your Account. Any credentials or tokens we issue for the API are personal to you and must not be shared. We may set rate limits, usage quotas, and other technical limits, and change them at any time.
17.3 Permitted use. You may use data obtained through the API for your own personal or internal use. You must not resell, redistribute, publish in bulk, or use it to build a product or dataset that competes with the Service, unless we agree in writing.
17.4 Suspension and changes. We may change, suspend, or discontinue the API, or revoke your access, at any time, with or without notice, including for excessive use, security concerns, or breach of these Terms.
18. Intellectual Property and License to Use the Service
18.1 Our property. The Service, including its software, design, text, graphics, logos, database, compilations of Market Data, computed metrics, security signals, rankings, and all related intellectual property, is owned by us or our licensors. It is protected by the copyright (including as a compilation), trademark, and trade secret laws of the United States and Canada, by database rights where they exist, and by these Terms.
18.2 Your license. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Service for your own personal, non-commercial use.
18.3 Restrictions. Except as expressly allowed by these Terms, you must not copy, modify, distribute, sell, rent, lease, sublicense, frame, or create derivative works of any part of the Service, and you must not remove any copyright, trademark, or other notice.
18.4 Open-source components. Some components of the Service are provided under open-source licenses. Those licenses govern those components.
18.5 Reservation of rights. We reserve all rights not expressly granted to you.
19. Trademarks
"ATH," "Peak," "Peak," our logos, and our other product names are our trademarks. You may not use them without our prior written permission, except to refer accurately to the Service or to share your referral code as the Service allows. All other trademarks belong to their owners.
20. Feedback
If you send us ideas, suggestions, or other feedback about the Service, you agree that it is not confidential and that we may use it for any purpose, without payment or credit to you. To the extent permitted by law, you waive any moral rights in feedback you provide.
21. Copyright Complaints (DMCA)
21.1 Designated agent. If you believe that content on the Service infringes your copyright, send a notice to our designated agent: ATH Copyright Agent. We also remove or disable access to token images, names, or descriptions supplied by third parties when we receive a valid notice.
21.2 Contents of a notice. Your notice must include: (a) your physical or electronic signature; (b) identification of the copyrighted work you claim has been infringed; (c) identification of the material you claim is infringing, with enough detail (such as a URL) for us to find it; (d) your address, telephone number, and email; (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorized to act for the owner.
21.3 Counter-notice. If we remove your content in response to a notice, we will tell you. If you believe the removal was a mistake, you may send a counter-notice to the same agent. A counter-notice must include: (a) your physical or electronic signature; (b) identification of the removed material and where it appeared before removal; (c) a statement under penalty of perjury that you have a good-faith belief the material was removed by mistake or misidentification; (d) your name, address, and telephone number; (e) your consent to the jurisdiction of the federal court for your district (or, if you are outside the United States, for the district where we may be found); and (f) your agreement to accept service from the person who sent the original notice. We may restore the content 10 to 14 business days after we receive a valid counter-notice, unless the original complainant tells us they have filed a court action.
21.4 Repeat infringers. We terminate the Accounts of repeat infringers.
21.5 Canada. If we receive a notice of claimed infringement under sections 41.25 and 41.26 of the Copyright Act (Canada) about content hosted on the Service, we will forward it to the user concerned as soon as feasible, tell the sender that we did so, and keep the records the Act requires. Such a notice must not include a demand for payment or an offer to settle. We may also remove the content under Section 15.6.
22. Third-Party Services and Links
22.1 Providers we rely on. The Service depends on Third-Party Services, including: Privy (sign-in and Embedded Wallets); Google and Apple (sign-in); SolanaTracker (market data and token images); DFlow (Swap routing); Helius and other RPC nodes (reading from and sending to the Solana network); the Solana network itself; Cloudflare (content delivery, tunneling, cookie-free analytics, and Turnstile bot protection); SendGrid (email); and Google Fonts (static resources). We may add or replace providers at any time.
22.2 Their terms apply. Each Third-Party Service has its own terms and privacy policy, which govern your use of it. We do not control Third-Party Services and are not responsible for their availability, accuracy, security, or conduct, or for any loss they cause.
22.3 Fiat purchases, if offered. We do not currently offer purchases of Digital Assets with cards, Apple Pay, or other fiat methods. If we offer this in the future through a third party (for example, Crossmint or MoonPay), that provider will process the purchase under its own terms, including any identity verification it requires, and we will not be a party to the purchase.
22.4 Links. The Service contains links to third-party sites, such as token websites, X and Instagram profiles, and block explorers. We do not endorse them and are not responsible for their content.
23. The Former Telegram Bot
23.1 Closed. We closed our Telegram bot (@pumppumpz1bot) in October 2026. It no longer sends alerts or answers commands, and we have no other bot or account on Telegram. Any Telegram bot or account that claims to be ATH is an impersonator. The bot never held your funds: any wallet you used with it is still yours, on-chain.
23.2 Data. While the bot ran, we received your Telegram chat identifier and username, and any email address or phone number you chose to give us, as described in the Privacy Policy. To ask us to delete that data, email [email protected].
24. Privacy, Personal Data, and Communications
24.1 Privacy Policy. Our Privacy Policy explains what personal data we collect, how we use it, who we share it with, and the rights you have, including rights under the California Consumer Privacy Act and other state privacy laws, PIPEDA, and Quebec's Law 25. Our privacy officer is our Privacy Officer at [email protected]. We honor Global Privacy Control signals as described in the Privacy Policy.
24.2 Public blockchain data. Wallet addresses and transactions on the Solana blockchain are public and permanent. We cannot remove them from the blockchain. Market Data is kept indefinitely as an archive. When you delete your Account, we delete or de-identify the account data that links you to a wallet address (your email, name, profile, and Privy identifier) within the period stated in the Privacy Policy; the on-chain data itself stays public and remains in our Market Data archive without those identifiers.
24.3 Messages. We send transactional messages needed to operate the Service (about your Account, payments, security, and alerts you asked for). We send commercial electronic messages (for example, about new features, promotions, or the referral program) only with your express consent, which we ask for separately from these Terms and which is never a condition of using the Service. Every commercial message identifies us, gives our contact details, and includes a working unsubscribe link; we act on an unsubscribe request within 10 business days. Notifications that you asked for are informational; if we include promotional content in them, the same rules apply. We will not send you text messages unless you expressly opt in. This Section is meant to comply with Canada's Anti-Spam Legislation and the United States CAN-SPAM Act.
24.4 Consent to electronic records. You agree to receive all notices, disclosures, and records electronically, through the Service or by email, and that they satisfy any requirement that a communication be in writing. You may withdraw this consent or request a paper copy by emailing [email protected]. To receive electronic records you need a device with internet access and a current web browser or email client. Keep the email address on your Account up to date.
25. Suspension and Termination
25.1 By you. You may stop using the Service at any time by disconnecting your Wallet or signing out, and you may ask us to delete your Account by emailing [email protected]. Your Wallet and Digital Assets are not affected: they are on the blockchain and remain under your control, and you can use them with any other software.
25.2 By us. We may suspend, restrict, or terminate your access to all or part of the Service at any time, with or without prior notice, if we believe you have violated these Terms or the law, if you create risk or legal exposure for us, for security reasons, for extended inactivity, or if we discontinue the Service. We may also remove User Content, withhold or void rewards and rankings, and report conduct to authorities. Section 3.4 applies to any such decision based solely on automated processing.
25.3 Effect. When your access ends, your license to use the Service ends, and we may delete your Account data subject to the Privacy Policy and the law. Public blockchain data is not affected. Sections that by their nature should survive (including Sections 6, 7, 14, 15.3, 18 through 20, and 26 through 36) survive termination.
26. Disclaimer of Warranties
26.1 As is. THE SERVICE, MARKET DATA, THE AI ASSISTANT, ALERTS, RANKINGS, AND EVERYTHING ELSE WE PROVIDE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.
26.2 No specific promises. We do not warrant that the Service will meet your needs, that any Swap will execute at any price, that any security signal will detect a scam, that Market Data will be accurate or timely, that any Third-Party Service will work, or that any Digital Asset has any value.
26.3 Your legal rights. Some jurisdictions do not allow certain warranty exclusions. If you are a Consumer in Quebec, Ontario, or any other Canadian province or territory, or in California, nothing in this Section removes the legal warranties (including the deemed warranty that services are of reasonably acceptable quality under the Consumer Protection Act, 2002 (Ontario), or the Consumer Protection Act, 2023 (Ontario) once in force, and the legal warranty under the Consumer Protection Act (Quebec)) or other rights that your consumer protection laws do not allow to be excluded.
27. Limitation of Liability
27.1 Excluded losses. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. WE WILL ALSO NOT BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE, DIGITAL ASSETS, DATA, GOODWILL, OR OPPORTUNITY. THIS APPLIES TO ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF WE WERE TOLD SUCH DAMAGES WERE POSSIBLE.
27.2 Cap. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO US (INCLUDING PLATFORM FEES WE ACTUALLY RECEIVED) IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) US$USD 100.
27.3 Blockchain and third parties. Without limiting the above, we are not liable for any loss caused by the Solana network or any other blockchain, any wallet provider, any Third-Party Service, any Digital Asset, any token creator, any other user, or any unauthorized access to your Wallet or Account that is not caused by our failure to use reasonable security measures.
27.4 Exceptions. Nothing in these Terms limits liability for fraud, intentional or gross fault, gross negligence, willful misconduct, bodily or moral injury, death or personal injury caused by negligence, or any liability or warranty that the law does not allow to be limited. This includes rights under the Consumer Protection Act (Quebec), articles 1474 and 1437 of the Civil Code of Quebec, the Consumer Protection Act, 2002 (Ontario) (or the Consumer Protection Act, 2023 (Ontario) once in force), and the consumer protection laws of California. Nothing in this Section excludes our liability, up to the cap in Section 27.2, for direct loss caused by a transaction we prepared that materially differs from what we displayed to you before you signed it. This also applies to a cleanup transaction under Section 6.7 that burned a balance worth more than the rent it returned, by reason of an error in the conditions we apply.
27.5 Basis of the bargain. You agree that these limitations are an essential part of these Terms and that we would not offer the Service without them.
28. Indemnification
To the extent permitted by law, you will defend, indemnify, and hold harmless ATH and its officers, directors, employees, contractors, and suppliers from any claim, loss, liability, damage, cost, or expense (including reasonable attorneys' fees) arising out of or related to: your use of the Service; your User Content; your Swaps, Tips, transfers, or other transactions; your violation of these Terms or of any law; your violation of anyone's rights; or your taxes. We may take over the defense of any matter subject to indemnification, in which case you will cooperate with us. This Section does not apply to Consumers in Quebec, Ontario, or any other jurisdiction where such an obligation is prohibited or limited.
29. Release
To the fullest extent permitted by law, you release us and our officers, directors, employees, contractors, and suppliers from all claims, demands, and damages of every kind arising out of disputes with other users, token creators, or Third-Party Services, or out of the conduct of any of them. If you are a California resident, you waive California Civil Code Section 1542, which says: "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." If you are a Consumer in Canada, this release applies only to the extent permitted by the laws of your province or territory and does not affect your rights under its consumer protection law.
30. Taxes
You are solely responsible for determining, reporting, and paying any taxes that arise from your Swaps, Tips received, transfers, referral rewards, and any gains or income from Digital Assets. We do not provide tax advice or tax reports. We may require tax information from you before paying any monetary reward. We may issue tax forms where the law requires.
31. Dispute Resolution: Arbitration, Class Action Waiver, Opt-Out, and Consumer Exceptions
Please read this Section carefully. It affects your rights. Section 31.10 explains which parts do not apply to Consumers in Canada or to residents of California.
31.1 Talk to us first. Before starting arbitration or a lawsuit, you agree to send a written notice of the dispute to [email protected] with your name, username or wallet address, a description of the problem, and what you want us to do. We will send any notice to you at the email address on your Account or through the Service. You and we will try in good faith to resolve the dispute within 30 days after the notice is received. If we cannot, either side may proceed under this Section.
31.2 Agreement to arbitrate. Except as stated in Sections 31.3 and 31.10, any dispute, claim, or controversy between you and us arising out of or relating to these Terms or the Service, including their formation, interpretation, or enforceability, and including disputes with our officers, directors, employees, and affiliates, will be resolved by binding individual arbitration and not in court. The arbitrator, and not any court, has exclusive authority to decide all disputes about the interpretation, applicability, enforceability, scope, or formation of this Section 31, including any claim that all or part of it is void or voidable. The only exceptions are disputes about the class action waiver in Section 31.6 and about whether you validly opted out under Section 31.8, which a court decides. These Terms evidence a transaction in interstate commerce, and the Federal Arbitration Act governs this Section.
31.3 Exceptions. Either side may: (a) bring an individual claim in small claims court if it qualifies; (b) seek an injunction or other equitable relief in court to stop infringement or misuse of intellectual property, unauthorized access, scraping, or other violations of Sections 16 through 18; and (c) bring any claim that the law does not allow to be arbitrated.
31.4 Arbitration provider and rules. The arbitration will be administered by the American Arbitration Association (AAA) under its rules for consumer disputes in effect when the arbitration is started, as modified by this Section. If the provider is unavailable, you and we will agree on another provider or ask a court to appoint one.
31.5 Procedure. One arbitrator will decide the dispute. Hearings, if any, will be held by video conference or telephone unless the arbitrator decides that an in-person hearing is needed, in which case it will be held in the city or region where you live, or another place you and we agree. Filing and arbitrator fees will be allocated under the provider's consumer rules. The arbitrator may award the same relief a court could award to you individually, will follow these Terms as a court would, and will issue a written decision. The arbitrator's decision is final and may be entered in any court with jurisdiction.
31.6 Class action and jury waiver. You and we agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, representative, or private attorney general proceeding. The arbitrator may not consolidate claims of different users or award relief to anyone other than the individual party. To the extent any claim proceeds in court rather than arbitration, you and we waive any right to a jury trial, where such a waiver is enforceable. If the class action waiver is found unenforceable as to a particular claim or request for relief, that claim or request will be decided by a court, and the rest of the dispute will be arbitrated, with the court proceedings stayed until the arbitration ends.
31.7 Coordinated filings. If 25 or more similar arbitration demands are filed against us by the same or coordinated counsel, the provider's rules for mass or coordinated arbitrations will apply. If the provider has none, the demands will be resolved in batches of no more than 25, in the order filed. Any statute of limitations, and the one-year limit in Section 33, is tolled for each demand from the date it is filed until it is assigned to a batch and decided. Nothing in this Section delays any fee payment that applicable law (including California Code of Civil Procedure Sections 1281.97 and 1281.98) requires within a fixed time. If a court finds this Section 31.7 unenforceable, it is severed and the rest of Section 31 continues to apply.
31.8 Opt-out. You may opt out of this arbitration agreement by emailing [email protected] within 30 days after you first accept these Terms (or, if we materially change this Section, within 30 days after the change takes effect), with the subject line "Arbitration Opt-Out," your username or wallet address, and a clear statement that you opt out. If you opt out, Sections 31.2 through 31.7 and 31.9 will not apply to you, and disputes will be resolved in court under Section 32. Opting out does not affect any other part of these Terms.
31.9 Changes and survival. If we change this Section after you accept these Terms, the change will not apply to a dispute for which notice was already given under Section 31.1. This Section survives the termination of your Account and of these Terms. If any part of this Section other than Section 31.6 is found unenforceable, the rest remains in effect.
31.10 Exceptions for Consumers in Canada and residents of California.
(a) Canada. If you are a Consumer residing in Canada, Sections 31.2 through 31.7 and 31.9 do not apply to you. You may bring claims in the courts of your province or territory, individually or as a member of a class, at any time and without first following Section 31.1. Nothing in these Terms limits your rights under the Consumer Protection Act (Quebec), the Consumer Protection Act, 2002 (Ontario) or the Consumer Protection Act, 2023 (Ontario) once in force, the Consumer Protection Act (Alberta), the Business Practices and Consumer Protection Act (British Columbia), or the equivalent law of your province or territory.
(b) California. If you are a California resident, nothing in this Section prevents you from seeking public injunctive relief in court where the law gives you that right, and the jury trial waiver in Section 31.6 does not apply to you. Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
(c) Government agencies. Nothing in this Section prevents you from filing a complaint with any government agency or regulator.
32. Governing Law and Venue
32.1 Governing law. These Terms and any dispute arising out of them or the Service are governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws rules, and by the Federal Arbitration Act for Section 31.
32.2 Venue. For any dispute that is not subject to arbitration, you and we agree to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida, United States, and you consent to personal jurisdiction there.
32.3 Consumer exceptions. If you are a Consumer in Canada, the mandatory consumer protection laws of your province or territory apply to you regardless of Section 32.1, and you may bring proceedings in the courts of your province or territory. If you are a resident of Quebec, the laws of Quebec govern and the courts of Quebec have jurisdiction to the extent required by Quebec law. If you are a resident of California, the mandatory consumer protection laws of California apply to you regardless of Section 32.1.
33. Time Limit on Claims
To the extent permitted by law, any claim arising out of or relating to these Terms or the Service must be started within one year after the claim arises; otherwise it is permanently barred. This limit does not apply where the law does not allow it, including to Consumers in Canada, to anyone whose claim is governed by the laws of Quebec, to claims under the California Consumers Legal Remedies Act, and to claims under any statute that sets its own limitations period that cannot be shortened by contract.
34. Waiver and Severability
Our failure to enforce any part of these Terms is not a waiver of our right to do so later. Any waiver must be in writing. If any provision of these Terms is found invalid or unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will stay in full force.
35. General Terms
35.1 Entire agreement. These Terms, together with the Privacy Policy, the Fee Schedule, and any additional terms we present for specific features, are the entire agreement between you and us about the Service and replace any prior agreements.
35.2 Assignment. You may not assign or transfer these Terms or your Account. We may assign these Terms, in whole or in part, without notice, including in connection with a merger, acquisition, or sale of assets.
35.3 No third-party beneficiaries. These Terms do not create rights for anyone other than you and us, except that the persons covered by Sections 27 through 29 may enforce those Sections.
35.4 Events beyond our control. We are not liable for any failure or delay caused by events beyond our reasonable control, including outages or congestion of the Solana network or any RPC provider, failures of Third-Party Services, attacks on our infrastructure, government actions, natural disasters, labor disputes, or utility or internet failures.
35.5 Notices. We may give you notice through the Service or by email to the address on your Account. You may give us notice by email at [email protected] or by mail at Miami, FL 33178.
35.6 Interpretation. Headings are for convenience only. "Including" means "including without limitation." Except where the law provides otherwise (including for Consumers in Canada, for whom any ambiguity is interpreted in the Consumer's favor), no rule of strict construction against the drafter applies.
35.7 Independent parties. You and we are independent parties. These Terms do not create a partnership, joint venture, employment, franchise, or agency relationship.
36. Contact
ATH Miami, FL 33178 Email: [email protected] Web: ath.trade