Terms of Service

1. Acceptance of Terms

By accessing and using Mintana ("the Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

Mintana provides a decentralized application (dApp) platform that enables users to create SPL tokens on the Solana blockchain. The Service acts solely as a technical interface and does not provide financial, investment, legal, or tax advice.

2. Description of Service

Mintana is a token creation platform that allows users to deploy SPL tokens on the Solana blockchain. The Service provides:

• Smart contract deployment for token creation
• Optional security features (revoke mint/freeze authorities)
• Vanity address generation capabilities
• Custom metadata configuration

Users retain full ownership and control of tokens created through the Service. Mintana does not custody, control, or have access to user funds or tokens at any time.

3. User Responsibilities and Obligations

By using Mintana, you acknowledge and agree that:

• You are at least 18 years of age or the age of majority in your jurisdiction
• You are not barred from using the Service under applicable laws
• You are solely responsible for all tokens created using the Service
• You will comply with all applicable laws and regulations in your jurisdiction, including but not limited to U.S. federal and state securities laws, anti-money laundering (AML) regulations, counter-terrorist financing (CTF) laws, the Bank Secrecy Act, the U.S. Patriot Act, FinCEN guidelines, and OFAC sanctions
• You will not create tokens for illegal purposes, fraud, or to violate the rights of others
• You understand the technical implications of blockchain transactions and token economics
• You have sufficient knowledge of cryptocurrency and blockchain technology
• You are responsible for the security of your wallet and private keys
• You will not attempt to manipulate, exploit, or misuse the Service
• You are responsible for all tax obligations arising from your use of the Service
• You will conduct your own due diligence regarding the legal status of any token you create

4. Securities Law Disclaimer

IMPORTANT SECURITIES NOTICE: Mintana does not classify, recommend, endorse, or provide any opinion on whether any token created through the Service constitutes a "security" under U.S. federal or state securities laws, including the Securities Act of 1933 and the Securities Exchange Act of 1934.

Under U.S. law, particularly the "Howey Test" established by the U.S. Supreme Court, an investment contract (and thus a security) exists when there is:

• An investment of money
• In a common enterprise
• With an expectation of profits
• Derived from the efforts of others

YOU ARE SOLELY RESPONSIBLE for determining whether your token constitutes a security under applicable laws. If your token is deemed a security, you may be required to:

• Register the offering with the U.S. Securities and Exchange Commission (SEC)
• Comply with state "Blue Sky" laws
• Provide disclosures and financial statements
• Obtain necessary licenses or exemptions

Mintana strongly recommends consulting with qualified legal counsel experienced in securities law before creating or distributing any token that may be considered a security. Failure to comply with securities laws can result in severe civil and criminal penalties.

5. No Financial, Legal, or Tax Advice

Mintana does not provide financial, investment, legal, or tax advice. The Service is a technical tool only. Nothing on this platform should be construed as:

• Investment advice or recommendations
• Financial planning or advisory services
• Legal opinions or counsel
• Tax preparation or advisory services
• Endorsement of any particular token, project, or investment strategy

You should consult with qualified professionals (attorneys, accountants, financial advisors) regarding any legal, tax, or financial implications of creating or holding cryptocurrency tokens. Token creation and cryptocurrency activities may have significant tax consequences under IRS regulations, including capital gains taxes, ordinary income taxes, and reporting requirements.

6. Anti-Money Laundering (AML) and Know Your Customer (KYC) Compliance

While Mintana operates as a non-custodial platform and does not hold, transmit, or exchange user funds, you remain responsible for compliance with all applicable anti-money laundering (AML), counter-terrorist financing (CTF), and sanctions regulations, including:

• The Bank Secrecy Act (BSA)
• The USA PATRIOT Act
• FinCEN (Financial Crimes Enforcement Network) regulations
• OFAC (Office of Foreign Assets Control) sanctions programs
• State money transmitter laws (where applicable)

You represent and warrant that:

• You are not located in, under the control of, or a national or resident of any country subject to U.S. embargo or sanctions
• You are not listed on any U.S. government list of prohibited or restricted parties (including OFAC's SDN list)
• You will not use the Service to facilitate money laundering, terrorist financing, or any other illegal financial activities
• You will implement appropriate AML/KYC procedures if you distribute tokens to others, as required by law

If you plan to conduct token sales, fundraising, or other activities involving the transfer of value, you may be subject to money transmitter regulations and must obtain appropriate licenses and implement AML/KYC procedures as required by federal and state law.

7. Intellectual Property Responsibilities

You are solely responsible for ensuring that all token names, symbols, logos, metadata, and associated content do not infringe upon the intellectual property rights of others, including:

• Trademarks, service marks, and trade names
• Copyrights in original works
• Rights of publicity and privacy
• Patent rights
• Trade secrets and confidential information

Creating tokens that impersonate, copy, or misleadingly reference existing brands, projects, or public figures may violate trademark law, unfair competition laws, and other legal protections. You agree to indemnify Mintana for any claims arising from your infringement of intellectual property rights.

8. Prohibited Activities

Users are strictly prohibited from:

• Creating tokens that violate intellectual property rights
• Deploying tokens for fraudulent schemes or scams
• Creating tokens that impersonate or mislead regarding association with existing projects
• Using the Service for money laundering or terrorist financing
• Creating tokens that facilitate illegal activities
• Attempting to reverse engineer, decompile, or exploit the Service
• Conducting any activity that disrupts or interferes with the Service

9. Fees and Payments

Mintana charges service fees for token creation and optional features. All fees are:

• Displayed clearly before transaction confirmation
• Non-refundable once a transaction is confirmed on the blockchain
• Separate from Solana network transaction fees (gas fees)
• Subject to change with prior notice on the platform

Users are responsible for ensuring sufficient SOL balance to cover both service fees and network transaction costs.

10. No Refund Policy

ALL SALES ARE FINAL. Due to the immutable nature of blockchain transactions:

• No refunds will be provided for any completed token creation
• Fees cannot be reversed once a transaction is confirmed on the blockchain
• Users are responsible for verifying all token parameters before confirmation
• Technical errors caused by user input are not eligible for refunds
• Network congestion or failed transactions due to insufficient fees are not refundable

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Warranties that the Service will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy or reliability of any information obtained through the Service
• Warranties that defects will be corrected

You acknowledge that blockchain transactions are irreversible and that Mintana has no ability to reverse, cancel, or modify transactions once confirmed.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MINTANA AND ITS OPERATORS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or use
• Token value depreciation or market performance
• Security breaches of third-party wallets or services
• Regulatory actions or legal consequences in any jurisdiction
• Actions or inactions of token holders or third parties
• Network congestion, failed transactions, or blockchain issues
• Misuse or illegal use of tokens created through the Service

IN NO EVENT SHALL MINTANA'S TOTAL LIABILITY EXCEED THE AMOUNT OF FEES PAID BY YOU TO MINTANA IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

13. Indemnification

You agree to indemnify, defend, and hold harmless Mintana, its operators, affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms of Service
• Your violation of any rights of another party
• Tokens you create using the Service
• Your violation of applicable laws or regulations

14. Regulatory Compliance

Users are solely responsible for determining whether their use of the Service complies with applicable laws and regulations in their jurisdiction. This includes but is not limited to:

• U.S. federal and state securities laws (including SEC regulations)
• State money transmitter and virtual currency licensing requirements
• Tax obligations and reporting requirements (including IRS Form 8949, Schedule D, and FinCEN Form 114 for foreign accounts)
• Anti-money laundering (AML) regulations
• Know Your Customer (KYC) requirements
• Consumer protection laws (including FTC regulations)
• Commodity Futures Trading Commission (CFTC) regulations (if applicable)

Mintana does not provide legal advice and makes no representations regarding the regulatory status of tokens created using the Service. The regulatory landscape for digital assets is rapidly evolving, and requirements vary by jurisdiction. You are responsible for monitoring and complying with all applicable regulations.

15. Intellectual Property

All content, features, and functionality of the Mintana platform, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, and software, are the exclusive property of Mintana and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

16. Privacy and Data

Mintana operates as a decentralized application and collects minimal user data. We do not:

• Store private keys or seed phrases
• Have custody of user funds
• Require personal identification for basic service use

However, we may collect anonymous usage data, wallet addresses involved in transactions, and technical information necessary for service operation. All blockchain transactions are public and permanently recorded on the Solana blockchain.

17. Service Modifications and Termination

Mintana reserves the right to modify, suspend, or discontinue the Service (or any part thereof) at any time with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

18. Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service shall be resolved through:

• Good faith negotiation between the parties
• If negotiation fails, binding arbitration in accordance with applicable arbitration rules
• Arbitration shall be conducted in English
• Each party shall bear its own costs

19. Governing Law

These Terms shall be governed by and construed in accordance with applicable international laws, without regard to conflict of law principles. The parties submit to the exclusive jurisdiction of the courts for resolution of any legal matters.

20. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

21. Changes to Terms

Mintana reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Service with a new "Last Updated" date. Your continued use of the Service after such changes constitutes acceptance of the modified Terms.

22. Contact Information

For questions about these Terms of Service, please contact us through our official channels at mintana.io.