Gauge Terms of Service

1. Introduction and Acceptance

Welcome to Gauge ("Platform," "we," "us," or "our"). Gauge is a Web3 platform operating on the Avalanche and Base blockchains that enables digital ownership, social proof verification, and content monetization for creators, brands, and supporters.

By accessing or using Gauge, including our website at gauge.fun, mobile applications, APIs, smart contracts, or any related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use the Service.

These Terms constitute a legally binding agreement between you and Gauge. Please read them carefully before using our Service.

2. Definitions

Throughout these Terms, the following definitions apply:

• "Blockchain" means the Avalanche C-Chain, Base, or other supported distributed ledger technologies.
• "Content" means any text, images, videos, or other materials created, shared, or submitted through the Service.
• "Creator" means a user who creates content, sells tickets, or participates in brand campaigns.
• "Custodial Wallet" means a cryptocurrency wallet created and managed by Gauge on behalf of a user.
• "Digital Assets" means cryptocurrencies, tokens, tickets, fractions, and other blockchain-based assets.
• "Fractions" means ERC-20 tokens representing partial ownership of a ticket.
• "Smart Contract" means self-executing code deployed on a blockchain that governs transactions.
• "Supporter" means a user who purchases tickets, fractions, or otherwise supports creators.
• "Ticket" means a digital asset representing membership, access, or support for a creator.

3. Eligibility

To use the Service, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Service under applicable laws
• Not be located in, or a citizen or resident of, any jurisdiction where cryptocurrency transactions are prohibited
• Not be listed on any government sanctions list or designated as a prohibited party

By using the Service, you represent and warrant that you meet all eligibility requirements. We reserve the right to verify your eligibility and refuse service at our discretion.

4. Account Registration and Security

4.1 Account Creation

You may create an account using social login providers (such as X/Twitter) or other authentication methods we support. When you create an account, we may automatically create a Custodial Wallet on your behalf to facilitate transactions on the Platform.

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Ensuring your linked social accounts remain secure

4.3 Custodial Wallet

By using the Service, you acknowledge and agree that:

• Gauge creates and manages a Custodial Wallet on your behalf
• Private keys for Custodial Wallets are managed by Gauge or our service providers
• You may request to export your assets to a self-custody wallet at any time
• Gauge is not liable for losses resulting from third-party service provider failures

5. Platform Services

5.1 Social Proof Protocol

The Social Proof Protocol enables creators to sell tickets that demonstrate authentic audience engagement:

• Creators can issue tickets representing membership or support
• Tickets can be fractionalized into ERC-20 tokens for broader accessibility
• Supporters can accumulate fractions to obtain full tickets
• Full tickets trade on bonding curves for dynamic price discovery
• All transactions are recorded on-chain for transparency

5.2 Content Monetization Module

The Content Monetization Module connects brands with creators on X (Twitter):

• Brands create campaigns with specified narratives and reward pools
• Creators submit content aligned with brand requirements
• AI-powered moderation validates content quality and brand alignment
• Creators receive automatic cryptocurrency payments upon approval
• Reward calculations follow our published reward system documentation

5.3 AI Moderation

Our AI moderation system analyzes content for:

• Brand alignment and messaging consistency
• Content quality and authenticity
• Compliance with platform guidelines

AI moderation decisions are final for reward distribution purposes. We reserve the right to manually review content when necessary.

6. Digital Asset Transactions

6.1 Cryptocurrency Payments

The Platform facilitates transactions in cryptocurrencies including AVAX (Avalanche) and ETH (Base). By using these features, you acknowledge:

• Cryptocurrency values are highly volatile and can fluctuate significantly
• Blockchain transactions are irreversible once confirmed
• Network fees ("gas fees") apply to all on-chain transactions
• Transaction processing times depend on network conditions

6.2 Ticket and Fraction Trading

When purchasing, selling, or trading tickets and fractions:

• Prices are determined by bonding curve mechanics or market conditions
• Past performance does not guarantee future results
• You are solely responsible for your trading decisions
• Platform fees may apply as disclosed at the time of transaction

6.3 Reward Distribution

Creator rewards from the Content Monetization Module are:

• Calculated according to our published reward formulas
• Subject to minimum AI moderation score thresholds
• Paid in cryptocurrency to your Custodial Wallet or designated wallet
• Subject to engagement verification and anti-fraud measures

7. User Conduct

You agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Create fake accounts, engage in bot activity, or artificially inflate engagement
• Manipulate AI moderation systems or gaming reward mechanisms
• Post content that is defamatory, obscene, hateful, or infringes intellectual property
• Engage in market manipulation, wash trading, or fraudulent transactions
• Attempt to hack, exploit, or compromise Platform security
• Use the Service for money laundering or terrorist financing
• Circumvent geographic restrictions or sanctions compliance measures
• Interfere with other users' access to or use of the Service

Violation of these rules may result in account suspension, forfeiture of rewards, and legal action.

8. Intellectual Property

8.1 Platform IP

Gauge and its licensors own all intellectual property rights in the Service, including software, designs, trademarks, and documentation. You receive only a limited, non-exclusive license to use the Service as permitted by these Terms.

8.2 User Content

You retain ownership of content you create and submit. By submitting content, you grant Gauge a worldwide, royalty-free license to use, display, and distribute your content in connection with the Service and promotional materials.

8.3 Brand Campaign Content

Content created for brand campaigns may be subject to additional terms specified by the brand. You represent that you have all necessary rights to create and submit such content.

9. Fees and Payments

The following fees may apply:

• Transaction fees on ticket and fraction trades
• Blockchain network fees (gas fees)
• Platform service fees as disclosed

Fee schedules are published on our website and may be updated with notice. Brands pay campaign fees; creators receive rewards minus applicable platform fees.

10. Disclaimers

10.1 Service Provided "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 No Financial Advice

Nothing on the Platform constitutes financial, investment, tax, or legal advice. You should consult qualified professionals before making any financial decisions. Past performance of digital assets does not indicate future results.

10.3 Blockchain Risks

You acknowledge the inherent risks of blockchain technology, including:

• Smart contract vulnerabilities and exploits
• Network congestion and failed transactions
• Regulatory changes affecting cryptocurrency
• Loss of access due to private key issues
• Price volatility and potential total loss of value

10.4 AI Moderation Limitations

AI moderation is automated and may produce errors. We do not guarantee the accuracy of AI scoring or that all qualifying content will be rewarded.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GAUGE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, or digital assets
• Damages arising from third-party actions or blockchain network issues
• Damages exceeding the fees you paid to Gauge in the 12 months preceding the claim

Some jurisdictions do not allow limitation of liability for certain damages. In such cases, our liability is limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Gauge and its affiliates from any claims, damages, losses, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you create or submit
• Your cryptocurrency transactions

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

13.2 Arbitration

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted in English and held in Delaware or remotely.

13.3 Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES WITH GAUGE ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.

13.4 Exceptions

Either party may seek injunctive relief in court for intellectual property infringement or unauthorized access to the Service.

14. Modifications

We may modify these Terms at any time by posting updated Terms on our website. Material changes will be notified via email or Platform notification at least 30 days before taking effect. Your continued use after changes constitutes acceptance.

15. Termination

We may suspend or terminate your access to the Service at any time for violation of these Terms or any other reason. Upon termination:

• Your license to use the Service ends immediately
• You may request withdrawal of digital assets to a self-custody wallet
• Pending rewards may be forfeited if termination results from your violation
• Provisions that should survive termination will remain in effect

16. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy and any additional terms for specific features, constitute the entire agreement between you and Gauge.

Severability: If any provision is found unenforceable, the remaining provisions continue in effect.

Waiver: Our failure to enforce any provision does not waive our right to enforce it later.

Assignment: You may not assign your rights under these Terms. We may assign our rights to any affiliate or successor.

Force Majeure: We are not liable for delays or failures caused by events beyond our reasonable control.

17. Contact Information

For questions about these Terms, contact us at:

Email: legal@gauge.fun

Website: gauge.fun