Terms of Service

FlokiFi (www.flokifi.com) (the “Site”) is the umbrella name for a suite of decentralized financial products under the Floki brand. The FlokiFi Locker is the first protocol to launch under the FlokiFi umbrella (“FlokiFi Locker”, “we”, or “us”). FlokiFi is short for “Floki Finance”. It is a series of utility products that make “FlokiFi” an ecosystem itself within the wider Floki Ecosystem. These Terms of Service (“Terms”) are a legally binding agreement between you and FlokiFi and set forth the terms for your use of the Site (however accessed, whether via web, mobile, or otherwise) and the limited services made available through the Site as described herein (the Site and services, collectively, the “Services”).

FlokiFi Locker Services.
1. FlokiFi Locker digital asset locker services provide functionality to lock and vest fungible tokens, Liquidity Pool (LP) tokens, NFTs, and Multi tokens.
2. The FlokiFi services have been reviewed and passed a security audit by Certik.com. They include the ability for project teams and individual users to:
  1. lock tokens (team/investors/marketing/ecosystem/etc. tokens) for a set period of time to inform users that tokens are safe and untouchable for the period of time it is locked.
  2. vest tokens and distribute based on their desired schedule.
  3. lock their Liquidity Pool tokens for as long as the platform allows.
  4. innovative “batch lock” NFTs.
  5. Implement the ERC-1155 multi-token standard which allows different types of assets both fungible (ERC-20) and non-fungible (ERC-721) with different quantities in a single contract.
  6. The FlokiFi Locker's initial launch will make it usable on at least 12 blockchains including but not limited to ETH, BSC, Polygon, Fantom, KCC, and OKXChain.
3. Third Party Vendors. All transactions made through the Services are managed and confirmed on any of the supported blockchains, and are processed by third-party vendors (collectively, “Third Party Vendors”). For example, in order to use FlokiFi products and services, and to use the FlokiFi Locker protocol , you may need to set up, respectively, an electronic wallet . By using the Services to do any of the foregoing, you agree to the terms of service, and, where applicable, the privacy policies of such Third Party Vendors. Except as expressly set forth herein, those Third Party Vendor terms govern the transaction that is effectuated on the blockchain. For clarity, the Services do not include services provided by Third Party Vendors.
4. You hereby expressly grant Floki and FlokiFi the right, power, and authority to transmit your information to such Third Party Vendors as reasonably necessary for FlokiFi to provide the Services to you. FlokiFi has no affiliation with any Third Party Vendors, and FlokiFi does not and will not collect or receive any of the information, including any personal information, that you provide to such Third Party Vendors, except for any information that may be publicly available on the Ethereum blockchain. Because FlokiFi has no control over Third Party Vendors, or their websites or mobile applications, you acknowledge and agree FlokiFi is not responsible for the availability of such external websites, mobile applications or resources accessible from those Third Party Vendors, and does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials available from such websites or mobile applications, nor does FlokiFi endorse any such websites, mobile applications or resources, or the products or services assessable on such websites or mobile applications.
5. All purchases effectuated through the Site are final and non-refundable, except as set forth in the prior section. Purchases may be made by using one or more cryptocurrencies that we may elect to accept. You acknowledge and agree that all transactions effectuated through the Site are publicly visible on the relevant blockchains when made.
6. You are responsible for all payments, fees and costs when engaging in any transactions involving FlokiFi products, including, without limitation, the purchase price, transaction fees (e.g., “gas” fees) and all other fees associated with your use of the Services or the services of Third Party Vendors, including but not limited to purchasing, trading a FlokiFi product. You also are solely responsible for payment of all national, federal, state, local or other taxes of any jurisdiction, of whatever nature whether now in effect or imposed in the future by any national federal, state, local, international or any other governmental authority or taxing jurisdiction, including, without limitation, any income, sales, use, value-added (VAT), goods and services and other taxes and duties associated with your use of the Services, the services of Third Party Vendors, and your purchase of FlokiFi Lockers from any party. You are solely responsible for any tax reporting for transactions in which you may be a seller of FlokiFi products.
Eligibility
1. You represent that you are an individual or entity who has the legal capacity in your legal jurisdiction.
2. You represent that your jurisdiction is not one of the countries included on the sanction list published by the Office of Foreign Assets Control of the US Department of the Treasury, see https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-list-search-tool
3. You understand that this disclaimer is not composed in accordance with, and is not subject to, laws or regulations of any legal jurisdiction which prohibits or in any manner restricts the minting, using, or trading of digital asset tokens.
DISCLAIMER OF WARRANTIES
1. IF YOU CHOOSE TO USE THE SITES OR SERVICES, YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. THE SITES AND SERVICES ARE PROVIDED “AS IS” AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, WE DISCLAIM ALL WARRANTIES OR OTHER TERMS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR TERMS OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT: THAT THE SITES OR SERVICES, OR ANY OF THEIR FUNCTIONS, WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT ANY PART OF THE SITES OR SERVICES, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES OR SERVICES WITH REGARD TO CORRECTNESS, ACCURACY, RELIABILITY, APPROPRIATENESS FOR ANY PURPOSE, OR OTHERWISE. DUE TO THE NATURE OF THE INTERNET, FLOKI AND FLOKIFI CANNOT GUARANTEE THE CONTINUOUS AND UNINTERRUPTED AVAILABILITY AND ACCESSIBILITY OF THE SITES OR SERVICES. FLOKIFI MAY RESTRICT THE AVAILABILITY OF THE SITES OR SERVICES OR CERTAIN AREAS OR FEATURES, IF NECESSARY, IN VIEW OF CAPACITY LIMITS, THE SECURITY OR INTEGRITY OF ITS SERVERS, OR TO CARRY OUT MAINTENANCE MEASURES THAT ASSIST IN THE PROPER OR IMPROVED FUNCTIONING OF THE SITES OR SERVICES. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITES OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SITES OR SERVICES.
2. You agree that FlokiFi products are not and shall not be used for or based upon any tangible or physical item, fractionalized, or capable of use as a coupon, investment, security or other financial instrument or knowingly marketed in any other manner that would cause transactions to be governed by any applicable securities laws, including but not limited to the United States Securities Act of 1933, and are not convertible virtual currencies.
3. You acknowledge and agree that the characterization and regulatory scheme governing digital assets, cryptocurrencies, and blockchain technology is uncertain and continually evolving, and is accompanied by inherent risks, including risks related to faulty or insufficient hardware, software, or internet connections; introduction or intrusion of malicious code or software; hacking or unauthorized access to your digital wallet or information stored therein, or of theft or diversion of funds therefrom; volatility and unstable or unfavorable exchange rates; and the risk of unfavorable regulatory intervention and/or tax treatment in relation to transaction in cryptocurrency. You further acknowledge and agree that digital assets are highly experimental, risky, and volatile, and your use of the Site and Services to lockup digital assets may carry substantial financial risk, including the risk of loss of those digital assets. By using the Site or Services, you represent that you have sufficient knowledge, sophistication, and experience with respect to digital assets, cryptocurrency, and blockchain technology, to make your own evaluation of the merits and risks of any transaction conducted via the Site or Services or any digital asset associated with such transaction.
Limitation of Liability.
1. FLOKI AND/OR FLOKIFI SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES, INCLUDING ANY LOSS CAUSED IN WHOLE OR PART BY ANY INACCURACIES OR INCOMPLETENESS, DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS, INCLUDING, BUT NOT LIMITED TO, THOSE ARISING FROM THE NEGLIGENCE OF FLOKIFI OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, COMPUTING, REPORTING, OR DELIVERING FLOKIFI, THE SERVICES THEREON OR THE INFORMATION THEREIN. IN NO EVENT WILL FLOKI AND/OR FLOKIFI BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON, OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR THE INFORMATION THEREIN.
2. UNDER NO CIRCUMSTANCES SHALL FLOKI AND/OR FLOKIFI BE REQUIRED TO DELIVER TO YOU ANY DIGITAL ASSETS AS DAMAGES, MAKE SPECIFIC PERFORMANCE OR ANY OTHER REMEDY.
3. FLOKI AND/OR FLOKIFI SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED IN WHOLE OR IN PART BY (A) THE MALFUNCTION, UNEXPECTED FUNCTION OR UNINTENDED FUNCTION OF ANY COMPUTER OR CRYPTOCURRENCY NETWORK, INCLUDING WITHOUT LIMITATION LOSSES ASSOCIATED WITH VIRUSES, NETWORK FORKS, REPLAY ATTACKS, DOUBLE-SPEND ATTACKS, SYBIL ATTACKS, 51% ATTACKS, GOVERNANCE DISPUTES, MINING DIFFICULTY, CHANGES IN CRYPTOGRAPHY OR CONSENSUS RULES, HACKING OR CYBERSECURITY BREACHES; (B) THE USE OF FLOKIFI SERVICES BY THIRD PARTY SERVICE PROVIDERS USED BY YOU; (C) ANY CHANGE IN LAW, REGULATION OR POLICY, OR (D) FORCE MAJEURE EVENT (INCLUDING BUT NOT LIMITED TO (I) ACTS OF GOD, NATURE, COURT OR GOVERNMENT; (II) FAILURE OR INTERRUPTION IN PUBLIC OR PRIVATE TELECOMMUNICATION NETWORKS, COMMUNICATION CHANNELS OR INFORMATION SYSTEMS; (III) ACTS OR OMISSIONS OF ACTS OF A PARTY FOR WHOM FLOKIFI IS NOT RESPONSIBLE; (IV) DELAY, FAILURE, OR INTERRUPTION IN, OR UNAVAILABILITY OF, THIRD PARTY SERVICES AND SITES; (V) STRIKES, LOCK-OUTS, LABOUR DISPUTES, WARS, TERRORIST ACTS AND RIOTS; AND (VI) VIRUSES, MALWARES, OTHER MALICIOUS COMPUTER CODES OR THE HACKING OF FLOKIFI’S SYSTEMS.
4. THE LIMITATIONS OF LIABILITY IN THIS SECTION ARE INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.
5. IN NO EVENT WILL FLOKI OR FLOKIFI BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS) WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. FLOKI AND/OR FLOKIFI’S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE NET REVENUES ACTUALLY RECEIVED BY FLOKIFI IN CONNECTION WITH ANY TRANSACTION INVOLVING YOUR USE OF FLOKIFI PRODUCTS. THE FOREGOING LIMITATION OF LIABILITY SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification
1. You shall indemnify, defend (at FlokiFi’s request) and hold harmless FlokiFi, Floki, its affiliates and licensors, and its and their respective officers, agents, directors, representatives, contractors, and employees, from and against any and all claims, suits, demands, actions, losses, liabilities, damages, judgements, penalties, fines, expenses and other costs (including reasonable attorneys’ fees) arising from your breach or alleged breach of this Agreement. FlokiFi will also have the right to provide our own defense additionally or alternatively at our own expense.
Assignment.
1. FlokiFi will have the unrestricted right to assign this Agreement and to assign, subcontract, license and sublicense any or all of its rights and obligations hereunder. This Agreement is personal to you and shall not be assigned or transferred by you. Any other attempt by you to assign, sub-license, or transfer your rights under this Agreement shall be null and void.
Remedies.
1. Your rights and remedies in the event of any breach of this Agreement are strictly limited to the right, if any, to recover damages, and you acknowledge that your remedy of money damages is adequate. You will not be entitled by reason of any such breach, and you will not seek, any equitable relief, whether injunctive or otherwise.
Arbitration / Dispute Resolution For U.S. Residents.
1. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of New York without application of conflict of laws rules, except that these Arbitration provisions shall be governed by the Federal Arbitration Act.
2. Resolution of Any Dispute. In the event a dispute arises between you and FlokiFi (“Dispute”), we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting us by writing to FlokiFi (fi@floki.com). If, however, the Dispute cannot be resolved by the personnel directly involved, the parties shall first attempt in good faith to resolve the Dispute promptly by negotiation between duly appointed executive officers or other representatives of such parties, with full authority to negotiate and settle the Dispute. If a Dispute has not been resolved by negotiations within 90 days as provided hereinabove, such Dispute shall be submitted to JAMS, or its successor (collectively, “JAMS”), for mediation as provided hereinbelow. Any party involved in the Dispute may commence mediation by providing to JAMS and each other party involved in the Dispute a written request for mediation, setting forth the subject of the Dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS’ panel of neutrals and in scheduling the mediation proceedings. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator and any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any litigation or other proceeding involving the parties; provided, however, that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. None of the parties may commence arbitration or a civil action with respect to the matters submitted to mediation until after the completion of the initial mediation session, or 30 business days after the date of filing the written request for mediation, whichever occurs first. Mediation may continue after the commencement of arbitration or a civil action, if the parties so desire.
3. Limitation of Legal Remedies. If there is a Dispute that remains unresolved after mediation, INSTEAD OF SUING IN COURT, YOU AND FLOKIFI EACH AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO ARBITRATE DISPUTES THROUGH BINDING ARBITRATION PURSUANT TO THE JAMS ARBITRATION RULES AND PROCEDURES, ON AN INDIVIDUAL BASIS, WITHOUT CLASS RELIEF, EXCEPT FOR DISPUTES PERTAINING TO FLOKIFI’S INTELLECTUAL PROPERTY RIGHTS AND STATUTORY CLAIMS THAT PURSUANT TO LAW ARE NOT ARBITRABLE. This agreement to arbitrate is intended to be broadly interpreted. It includes claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory (“Claim(s)”). The arbitrator's decision and award are final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction.
4. Jury Trial Waiver. YOU AND FLOKIFI EACH VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY IN RESOLVING ANY DISPUTE BETWEEN US ARISING OUT OF THESE TERMS OR THE SITES OR SERVICES.
5. Class Action Waiver. YOU AND FLOKIFI EACH AGREE THAT CLAIMS AGAINST THE OTHER MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. All arbitrations under these Terms must be conducted on an individual (and not a class-wide) basis, and an arbitrator will have no authority to award class-wide relief. You acknowledge and agree that these Terms specifically prohibit you from commencing any legal proceedings as a representative of others, participating in a class, representative, or collective action as a class representative, class member or an opt-in party, acting as a private attorney general, or joining or consolidating Claims with claims or proceedings brought by any other person ("Class Action Waiver").
6. Arbitration Procedures. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought (Notice”). All Notices to FlokiFi must be sent to the following address: fi@floki.com. Our notice to you will be sent to you based on the most recent contact information that you provide us but if no such information exists or if such information is not current, then we have no obligation under this Section. Upon receipt of such Notice, the receiving party will have a 60-day period in which it may satisfy the Claim against it by fully curing the Claim, providing all the relief requested in the Notice, or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such 60-day cure period, you or FlokiFi may commence an arbitration proceeding. Unless otherwise agreed to by you and FlokiFi in writing, the arbitration will be governed and conducted by JAMS before a single arbitrator with substantial experience in the internet industry and shall follow substantive law in adjudicating the Dispute. This Section shall be construed as a written agreement to arbitrate pursuant to the Federal Arbitration Act (“FAA”). You and FlokiFi agree that this Section satisfies the writing requirement of the FAA. The arbitration of any claim will be conducted in the State of New York, and for any non-frivolous claim that does not exceed $5,000.00, you shall have the choice as to whether the hearing is conducted in person or by telephone. Each party will pay the fees and costs of its own counsel, experts and witnesses. The JAMS rules are available on its website at www.jamsadr.com. To the extent that this dispute resolution Section conflicts with JAMS minimum standards for procedural fairness, the JAMS rules and/or minimum standards for arbitration procedures in that regard shall control. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or for the arbitrator’s award; and any such suit may be brought only in Federal District Court or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, unconscionability, arbitrability, or enforceability of these Terms including any claim that all or any part of these Terms are void or voidable. However, the preceding sentence shall not apply to the clause entitled “Class Action Waiver”.
7. Exception to Arbitration. Only disputes or actions pertaining to FlokiFi’s intellectual property rights, or statutory claims that pursuant to law are not arbitrable, are exempt from arbitration.
8. Survival. This arbitration provision shall survive termination of these Terms.
9. Severability. If any provision of this Section is declared or found by a court of competent jurisdiction or arbitrator to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions will remain fully enforceable, except that if the Class Action Waiver for any Claim cannot be enforced, then the provision to arbitrate will not apply.
Dispute Resolution Non-U.S. Residents
1. In the event of any dispute, you and we agree to send a written notice to the other providing a reasonable description of the dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us but if no such information exists or if such information is not current, then we have no obligation under this section. Your notice to us must be sent to us at fi@floki.com or to legal@floki.com. For a period of 60 days from the date of receipt of notice from the other party, FlokiFi and you will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or FlokiFi to resolve the dispute on terms either you or FlokiFi, in each of our sole discretion, are unsatisfactory. Nothing in this section will prevent a party from pursuing their claims in court or another complaint process.
2. If your country of residence or establishment is outside the U.S., these Terms will be governed by and interpreted in accordance with English law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. This choice of law does not impact your rights as a consumer according to the consumer protection laws of your country of residence. If you are a consumer, you may be able to bring judicial proceedings against us arising from or in connection with these Terms in a court within a jurisdiction according to the laws of your country of residence or the English courts. if you are acting as a business, you agree to submit to the exclusive jurisdiction of the English courts.
3. If you have any comments, queries or complaints about these Terms or our Services, please contact us at legal@Floki.com.
No Rights Of Third Parties.
1. You agree that there are no third-party beneficiaries to these Terms.
Miscellaneous Terms.
1. This Agreement constitutes the complete understanding and agreement of you and FlokiFi with respect to the Articles and supersedes any and all prior or contemporaneous written or oral agreements between you and FlokiFi with respect to all Articles. Prior agreements between FlokiFi and you relating to any article(s) will continue to govern those prior article(s). The language of any clause or term of this Agreement will not be construed for or against the drafter. No right or term of this Agreement will be deemed waived, and no breach of this Agreement excused, unless the waiver or consent is in writing and signed by you and FlokiFi. Any modification or amendment to this Agreement must be made in writing and signed by you and FlokiFi.