Last updated: November 2, 2026
Token Workshop, Inc., a company organized under the laws of the State of Delaware ("TokenWorks," "we," "us," "our"), owns and operates TokenWorks, the Site(s) and all related subdomains and URLs (including https://www.fwa.fun/ and https://www.token.works/), the Smart Contracts directly accessible through the Site, and other products or services that we make available through our Site(s) or applications (collectively, the "Services").
TokenWorks is a technology service provider and smart-contract innovator building open-source, non-custodial, and experimental tools for the future of on-chain markets. "Fake World Assets" or "FWA" (the "Protocol") is an autonomous, on-chain protocol deployed by TokenWorks on the Ethereum network through which: (a) "Depositors" list one or more NFTs paired with committed ETH "backing" and a standing bid that a Purchaser may later accept; (b) "Purchasers" pay a pool-derived price to acquire one randomly selected NFT position, with selection performed by a verifiable random function and weighted inversely to backing; (c) a Purchaser who acquires a position may either keep the NFT or accept the Depositor's standing bid and settle for ETH or the Protocol's incentive token; and (d) holders of that incentive token who elect to stake it vote on-chain on which NFT collections are eligible for use with the Protocol. "FWAToken" or "$FWA" refers to that incentive token. The NFTs available through the Protocol are collectibles with no inherent, intrinsic, or guaranteed value; the ETH price a Purchaser pays to acquire a position and the probability that any particular NFT is selected are derived entirely from the ETH backing a Depositor commits — that is, the amount the Depositor is willing to buy the NFT back at — and not from any value, rarity, floor price, or worth of the NFT itself, which TokenWorks does not assess or represent. Each acquisition delivers to the Purchaser an NFT position in exchange for a code-derived price, and every Purchaser receives an NFT position; an acquisition is a purchase of a collectible position and is not a wager, bet, lottery ticket, raffle, sweepstakes entry, or game of chance, and no Purchaser stakes value on the chance of receiving nothing.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND TOKENWORKS. ASPECTS OF THESE TERMS LIMIT CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA (AMERICAN ARBITRATION ASSOCIATION) RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF.
These Terms of Service ("Terms" or "Agreement") are entered into between You and TokenWorks. These Terms govern your access to and use of the Site(s), interaction with our Smart Contracts either through the Site(s) or directly through the relevant Smart Contract network, and any other software, websites, applications, APIs, webtools, third-party tools, experiences, features, or functionalities provided on or in connection with the Site(s) and all successor Site(s) thereto (collectively, the "Services").
Without limitation, these Terms govern your voluntary use of our Site or Services – whether past, present or future – for any purpose, including to view, connect, or interact with our Smart Contracts, to deposit, back, or acquire any NFT position, or to otherwise initiate any blockchain transactions using your digital wallet through the Site. By continuing to use the Services, connecting a wallet, or initiating any transaction, you ratify and reaffirm that all prior activity conducted through the Services is and has been subject to these Terms as if they had been in effect at the time such activity occurred.
For the purposes of these Terms, "you" includes both you, the individual person or entity, and any digital wallet that you act on behalf of or use to access the Services.
You acknowledge and agree that your access to and use of the Services is further governed by, and subject to, the technical specifications, operational descriptions, and explanatory materials provided at https://www.fwa.fun/docs (the "Documentation"). The Documentation is incorporated by reference into these Terms. To the extent any description in the Documentation conflicts with these Terms, the publicly deployed Smart-Contract code shall control, followed by these Terms. The Smart Contracts with which you interact through the Site, including those identified in any transaction presented to your digital wallet when you connect it to the Site, are incorporated by reference into these Terms. You are solely responsible for reviewing the Documentation prior to depositing, backing, acquiring, or otherwise interacting with the Protocol and represent that you understand the functionality, parameters, and operational limitations described therein.
YOU ACKNOWLEDGE AND REAFFIRM YOUR AGREEMENT TO THESE TERMS EACH TIME YOU ACCESS THE SITE, USE THE SERVICES, CONNECT YOUR DIGITAL WALLET THROUGH THE SITE, INITIATE TRANSACTIONS FROM YOUR DIGITAL WALLET THROUGH THE SITE, OR OTHERWISE PERFORM ANY ACTION ON OR THROUGH OUR SITE OR SMART CONTRACTS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY AND PERMANENTLY DISCONTINUE YOUR ACCESS AND USE OF THE SERVICES.
Your digital wallet address functions as your identity for purposes of the Services. You are solely responsible for maintaining the security of your wallet, private keys, seed phrases, and any associated credentials. TokenWorks does not and cannot access your wallet, recover lost keys, or reverse any transaction initiated from your address. All actions taken using your wallet, whether authorized by you or not, shall be deemed to be taken by you. You agree to promptly discontinue use of the Services and secure your wallet if you suspect any compromise, and you acknowledge that TokenWorks has no responsibility or liability for any unauthorized access to or use of your wallet.
TokenWorks reserves the right to change or modify these Terms or any aspect of the Services at any time in our sole discretion. If we make material changes, we will use reasonable efforts to provide notice of such changes, such as by updating the "Last Updated" date at the beginning of these Terms. TokenWorks is moving toward a purely deterministic, immutable Smart Contract deployment structure. TokenWorks reserves the right to modify its Smart Contract code or certain Smart Contract parameters or functionalities for the sole purpose of improving the Smart Contract functionality or user experience, in its sole discretion and with consideration for community comments. The eligibility of NFT collections for use with the Protocol is determined through the Curation Mechanism described in Section 12, subject to the administrative permissions retained in the Smart Contracts. Any future upgrades or parameter changes to TokenWorks-deployed Smart Contracts shall be disclosed through on-chain publication of the code, which will be made available through the Site or official TokenWorks communication channels. TokenWorks shall have no obligation to maintain any prior contract versions once upgraded.
By continuing to access or use the Services, you confirm your acceptance of the revised Terms effective as of the date they are updated. It is your sole responsibility to review these Terms periodically to ensure you understand the terms and conditions that apply when you access or use the Services.
To the extent any aspect of our Smart Contracts conflicts with these Terms, the publicly deployed Smart-Contract code shall control. Before invoking any Smart Contract function or performing any blockchain transaction, you will have the ability to review such transaction through Your digital wallet provider (i.e., MetaMask). You represent and warrant that you have reviewed, understand, and consent to the operation of all Smart Contracts that you interact with through the Site.
In the event of a blockchain fork, upgrade, or migration, TokenWorks may determine, in its sole discretion, whether and how to support any resulting network or token. TokenWorks bears no responsibility for any loss, incompatibility, or duplication of assets arising from such events.
You expressly represent and warrant that you have the right, authority, and capacity to enter into this Agreement on behalf of yourself and any third-party individual, entity, or digital wallet for which you are acting. You must be over the age of majority in your jurisdiction and at least eighteen (18) years of age (and any higher minimum age that applies in your jurisdiction to participation in games of chance, prize competitions, or similar activities). The Services are not directed to, and may not be accessed or used by, any person under eighteen (18), including through a parent or guardian. TokenWorks does not knowingly permit use by minors and may restrict or block any wallet it reasonably believes to be controlled by or on behalf of a minor.
If you use our Services on behalf of another person, a company, partnership, protocol, smart contract, DAO, project, or other entity, "you" includes both you and that entity, and you represent that (i) you are authorized to bind the entity to these Terms, (ii) you are authorized to initiate blockchain transactions on its behalf, and (iii) you agree to these Terms on the entity's behalf.
You are solely responsible for determining, understanding, and discharging any legal obligations applicable to your use of the Services, including compliance with tax, securities, sanctions, and anti-money-laundering laws. TokenWorks is not responsible for determining, withholding, or remitting any taxes or fees associated with your use of the Services or any blockchain transaction. You agree not to use our Smart Contracts in any manner that violates applicable law. Nothing in these Terms, or any statements from TokenWorks, including statements made through the official TokenWorks X (formerly Twitter) account (@token_works) should be construed as legal, tax, or investment advice.
All blockchain interactions are publicly viewable on their respective networks. By using the Services, you understand that your wallet address and transaction data may be publicly accessible and permanently recorded on the blockchain. TokenWorks does not control and cannot delete or obscure such information.
The Services interact with public blockchains, including but not limited to Ethereum, Ethereum Layer-2 (L2) Networks, and other networks, protocols, and smart contracts not designed by or controlled by TokenWorks. These networks may involve the operation of self-executing smart contracts that are deterministic, irreversible, and under the control of third-parties. The Protocol also depends on third-party infrastructure that TokenWorks does not control, including verifiable-randomness oracles used to perform selection and automated market makers used for token liquidity; TokenWorks does not guarantee their availability, accuracy, integrity, or continued operation. TokenWorks provides tools to enable voluntary interaction with these technologies through compatible digital wallets. Your use of these technologies involves significant risks—including hacks, Smart Contract vulnerability, malicious actors, Sybil attacks, exploits, bugs, oracle failure or manipulation, and regulatory uncertainty—for which TokenWorks has no control and bears no responsibility. TokenWorks does not and cannot guarantee uninterrupted access, error-free operation, functionality, or compatibility of any smart contracts, assets, or protocol to which any of our Smart Contracts interact, invoke, or otherwise functionally depend upon, nor does it guarantee that other users of the Smart Contracts will not engage in malicious or deceptive behavior. You acknowledge that all blockchain transactions are final and irreversible, that transaction fees ("Gas Fees") are set by network demand, and that TokenWorks has no control over Gas Fees. TokenWorks does not and cannot verify or confirm the authenticity, source, or success of any blockchain transaction initiated through the Services. You are solely responsible for ensuring that all transaction data, wallet addresses, and smart contract interactions are accurate. TokenWorks disclaims all liability for failed, stuck, or front-run transactions, including those affected by network congestion, maximal extractable value (MEV), malicious third parties, or third-party RPC node errors. The Services are experimental prototypes provided solely for educational, artistic, and informational purposes. TokenWorks makes no representations that the Services will operate in any particular manner or produce any economic return. You acknowledge that the Services are not deployed for profit generation, investment solicitation, or speculative trading.
TokenWorks' Smart Contracts are non-custodial and autonomous. Once deployed, we no longer take control or manage any deployed Smart Contract, except to the extent permitted by the publicly available Smart Contract permissions. You retain full custody and control of your digital wallet and your assets. TokenWorks never takes possession of or controls any User assets or private keys. TokenWorks never has custody or possession of any of your assets or any NFT assets, backing, or proceeds held within the Protocol. TokenWorks will never ask for or require knowledge of your private keys. TokenWorks does not act as an intermediary, broker, money-services business, or fiduciary.
The Services merely enable interactions with on-chain protocols. TokenWorks does not intermediate trades, store funds, or manage Protocol parameters on your behalf. TokenWorks does not execute, match, route, clear, or settle any trades, swaps, or orders; all such transactions occur directly on the applicable blockchain or third-party protocol between You and other participants. The eligibility of NFT collections for use with the Protocol is determined through the Curation Mechanism described in Section 12. That process, and all other Protocol parameters. You understand and agree that all transactions initiated through your wallet are voluntary transactions executed directly by You on-chain and are completely outside TokenWorks' control once submitted. All transactions are final and irreversible. TokenWorks disclaims any responsibility for the outcome of any transaction performed by You using the Services. TokenWorks is not, and the Services are not operated as, a securities or commodities exchange, alternative trading system, broker-dealer, swap execution facility, clearing agency, or money transmitter, and nothing in the Services constitutes order routing, trade execution, clearing, settlement, or brokerage activity.
TokenWorks may facilitate access to third party Smart Contracts or services through the Site. TokenWorks assumes no duty to facilitate access to, maintain, or otherwise make available for you to use any particular functions or aspects of the Smart Contracts. You understand and agree that you are able to make full technical use of our Smart Contracts without using the Site and that you do not need to rely upon the Site or Services to make use of our Smart Contracts, the Protocol, or any of your assets.
TokenWorks is not affiliated with or endorsed by any Depositor, NFT collection, creator, intellectual property, or marketplace that may be used in connection with the Protocol or its Smart Contracts. Eligible Collections are determined through the Curation Mechanism described in Section 12. Any list of Eligible Collections displayed on the Site reflects the on-chain state of the Curation Contracts, is provided for convenience only and is not an endorsement, affiliation, sponsorship, or guarantee of authenticity, value, or legality. Any references by TokenWorks to any NFT collections, projects, or recognizable intellectual property are for nominative and descriptive purposes only. TokenWorks makes no representations or warranties regarding any third-party collection or its smart contracts, and cannot ensure that third-party contracts will remain functional or compatible with the Protocol.
TokenWorks does not review, monitor, validate, curate, or verify any names, tickers, symbols, metadata, images, collection references, artwork, branding, or other content selected, uploaded, deposited, or referenced by users in connection with the Protocol, any position, Smart Contract, token, or digital asset displayed on the Site. Any appearance of a third-party trademark, service mark, brand, collection name, NFT project, or other indicia of source is solely the result of user action. TokenWorks expressly disclaims all responsibility and liability for any alleged or actual infringement, dilution, misappropriation, or violation of third-party intellectual-property rights arising from user-generated or user-selected content, including token names, ticker symbols, metadata, images, branding elements, or NFT collection references. You acknowledge and agree that TokenWorks does not police or enforce third-party intellectual-property rights on your behalf and has no obligation to do so. TokenWorks makes no representation regarding the legality or authorization of any content associated with the Protocol.
By using the Services and interacting with the Protocol, any position, or any Smart Contract, you acknowledge, understand, and expressly consent to the automated, programmatic, and autonomous operation of the Smart Contracts. You authorize their execution and consent to all conceivable resulting outcomes, calculations, outputs, functionalities, or effects, including but not limited to fees, transfers, mints, burns, token issuances, NFT listings, offers, random selection, acquisitions, settlements, backing refunds, staking, unstaking, voting, delegation, application of Passed Changes, Voting Rewards, redistributions, reallocations, or any other on-chain actions defined or enabled by the applicable Smart Contract, which may be initiated by you or by other users in any manner permitted by the relevant Smart Contract.
These operations may include, without limitation:
You further acknowledge and agree that:
By initiating any transaction, connecting a wallet, or interacting with any Smart Contract through the Services, you represent that you have reviewed and understood the Smart Contract functions, parameters, and fee logic, and that you voluntarily assume all risks associated with those operations—including potential loss of funds, errors in execution, or unintended results arising from automated code execution, market fluctuations, or user input.
All users of the Services—including but not limited to Depositors, Purchasers, Stakers, Delegates, developers, holders or users of FWAToken, and participants in any coordinated on-chain or off-chain activity—act independently and on their own behalf. Your access to or interaction with the Services, Smart Contracts, the Protocol, or any position does not create or imply any partnership, joint venture, agency, employment, fiduciary, or other relationship of trust, reliance, or association between you and TokenWorks, or between You and any users of the Services. TokenWorks provides non-custodial, autonomous tools that may enable or facilitate user interaction, coordination, or shared participation in the Protocol or other Smart Contracts. Such functionality is purely technological and does not give rise to any shared ownership, control, management, or liability between TokenWorks and any user, or among users themselves, and does not create any obligations, duties, or responsibilities for TokenWorks with respect to any community, group, promoter, proponent, or organizer that elects to use FWAToken in connection with its activities.
Users who deposit, back, or configure positions through the Services do so solely in their individual capacity and assume full responsibility for the functionality, configuration, compliance, and consequences of those actions and assume the risk of use of the Site and Smart Contracts. TokenWorks does not endorse, supervise, audit, or guarantee any user position, Smart Contract, or token and bears no responsibility for their operation, outcomes, or effects, and makes no commitments, promises, or representations that the Protocol, any Smart Contract, or any token will integrate with, support, interoperate with, or be compatible with any third-party token, smart contract, network, community coin, ecosystem token, or project now or in the future.
Any governance, voting, or coordination features accessible or expressible through the Services are provided merely as neutral technical mechanisms. They do not confer decision-making authority, fiduciary obligations, or partnership status on TokenWorks or any other participant. Stakers and Delegates who participate in the Curation Mechanism do so solely in their individual capacity and for their own account, and do not act as agents, representatives, contractors, or service providers of TokenWorks. All actions taken through or in connection with the Services are voluntary, autonomous, and undertaken at the user's own risk, and no community organizer, promoter, leader, or participant shall be deemed to act on behalf of TokenWorks or to possess any authority to bind or speak for TokenWorks in any manner.
(a) Curation Contracts. Holders of FWAToken may stake FWAToken (“Stakers”) and vote on which NFT collections are eligible for deposit, backing, and acquisition through the Protocol (“Eligible Collections”) using the staking, voting, and related Smart Contracts with which you interact when you connect your digital wallet to the Site or otherwise stake, vote, or delegate (the “Curation Contracts,” and the process they encode, the “Curation Mechanism”). The Curation Contracts, as identified through your interaction with the Site and in the transactions presented to your digital wallet, are incorporated by reference into these Terms. This Section is a summary only. If this Section or the Documentation conflicts with the Curation Contracts, the Curation Contracts control.
(b) Voting. Each staked FWAToken carries one vote. During each voting period defined in the Curation Contracts (an “Epoch”), a Staker may vote for or against any number of collections, or may delegate its voting power to another wallet (a “Delegate”). A change to the Eligible Collections passes if, at the close of an Epoch, the votes for the change exceed the votes against it and equal at least the support threshold encoded in the Curation Contracts, measured as a percentage of all active stake at the close of the Epoch (as of the date of these Terms, twenty percent (20%)) (a “Passed Change”). Any person may apply a Passed Change to the Protocol during the following Epoch by calling the applicable Smart Contract function, and TokenWorks has no obligation to do so.
(c) Retained Administrative Permissions. The Curation Contracts and related Smart Contracts reserve certain administrative permissions to the owner of those contracts (the “Contract Owner”), including the ability to add collections to the Protocol, to exempt collections from removal by Staker vote, and to change the Epoch duration and support threshold within the ranges encoded in the Curation Contracts, effective no earlier than the following Epoch. Certain collections may also be protected from removal automatically under the Smart Contracts. You are responsible for reviewing these permissions in the Smart Contract code before staking, voting, or delegating.
(d) Staking and Withdrawal. Staking is voluntary. Staked FWAToken is held by the applicable Curation Contract, subject to the administrative permissions of the Contract Owner set forth in the Smart Contract code. A Staker may withdraw staked FWAToken subject to the withdrawal delay encoded in the Curation Contracts (as of the date of these Terms, three (3) days), during which the withdrawn FWAToken cannot be transferred or sold.
(e) Delegation. A Staker may delegate, and may revoke or change the delegation of, its voting power as permitted by the Curation Contracts. Delegation does not transfer ownership or custody of staked FWAToken. Delegates act independently and for their own account; they are not selected, vetted, endorsed, compensated, or supervised by TokenWorks, and are not agents of TokenWorks. Choosing a Delegate is itself an exercise of the Staker’s own judgment about how the Protocol should be curated, and the Staker remains responsible for all votes cast using its delegated voting power. Nothing in these Terms creates any fiduciary or other duty owed by any Delegate to any Staker, or by TokenWorks to either.
(f) Voting Rewards. The Curation Contracts allocate a portion of the ETH fees received by the Protocol (as of the date of these Terms, twenty percent (20%) of such fees) to Stakers whose voting power is cast in an Epoch, whether directly or through a Delegate, claimable beginning in the following Epoch (“Voting Rewards”). Voting Rewards are earned only by voting. Staking without voting earns no Voting Rewards, and a Staker that delegates earns Voting Rewards only for voting power its Delegate actually casts. Voting Rewards attributable to delegated voting power accrue to the delegating Staker and not to the Delegate. Voting Rewards are determined solely by the formula encoded in the Curation Contracts, are not interest or dividends, and do not represent any equity, ownership, or other interest in TokenWorks. Voting Rewards may be reduced, delayed, or zero in any Epoch, and TokenWorks does not guarantee their amount, availability, or value.
(g) Limited Scope. The Curation Mechanism governs only which collections are Eligible Collections. Staking and voting do not confer any right to direct or participate in the management of TokenWorks; any interest in TokenWorks or its assets, revenues, or profits, other than Voting Rewards as allocated by the Curation Contracts; or any right to set or direct the Protocol’s fees, treasury, or other parameters. The passage of any collection is not an endorsement by TokenWorks of, or a representation by TokenWorks regarding, the authenticity, value, legality, or intellectual-property status of that collection, and Section 9 applies to all Eligible Collections.
(h) TokenWorks Participation. TokenWorks does not currently stake FWAToken, vote in the Curation Mechanism, or act as a Delegate, and does not intend to do so.
(i) Your Own Judgment. You are solely responsible for each vote you cast or delegate and for evaluating any collection before voting. Any statement by TokenWorks, any Delegate, or any other person regarding any collection or vote is informational only and is not a recommendation on which you may rely. By staking, voting, or delegating, you represent that you do so to participate in the curation of the Protocol and not in reliance on the efforts of TokenWorks or any other person to generate a profit for you.
The Services may facilitate access to decentralized exchanges, NFT marketplaces, or other protocols that operate independently of TokenWorks. TokenWorks does not control, endorse, or assume responsibility for the operation of such platforms. You are solely responsible for evaluating the legitimacy, safety, and functionality of any external services you use in connection with the Services or the Protocol.
You agree not to use or share non-public information about deposits, positions, backing changes, or configuration details to trade, speculate, or otherwise seek profit. If you deposit, back, reprice, or exercise control over a position, you acknowledge that your own intention to deposit or reprice, the timing of your actions, your decisions, and the parameters of your positions constitute non-public information until such information is visible on-chain, and you agree not to trade, purchase, sell, acquire, or otherwise position yourself or others in anticipation of, or prior to, public on-chain disclosure of that information. You further agree not to front-run, back-run, manipulate, or otherwise exploit any market, liquidity pool, or participant based on such information. You further agree not to offer, solicit, pay, or accept any compensation, inducement, or other consideration in exchange for casting, withholding, or delegating any vote in the Curation Mechanism. You further agree not to market or promote the Protocol or any token as an investment, profit opportunity, or security, or to describe staking, voting, or Voting Rewards as yield, interest, or a return on investment. All marketing and communications are your sole responsibility, and TokenWorks disclaims all liability for user or third-party statements.
You represent that you are knowledgeable and experienced in blockchain technology and digital assets. You have conducted your own independent investigation of the Services and Smart Contracts, including before staking, voting, or delegating, and have not relied upon any statement, omission, or representation by TokenWorks other than those expressly set forth in these Terms. You understand that the Protocol is an experimental protocol and may fail, perform unpredictably, or be exploited. You assume all associated risks.
Access to the Services requires a compatible digital wallet. By connecting a wallet, you represent that you are its lawful owner and that you are solely responsible for safeguarding your private keys and seed phrase. TokenWorks has no control over and cannot assist with lost keys, compromised wallets, or unauthorized access. Your wallet and all assets therein are your exclusive responsibility.
You acknowledge and agree that TokenWorks owns all legal rights, title, and interest in and to the Site, documentation, the proprietary components of the Services, and all trademark interests in the names TokenWorks, Fake World Assets, and FWA, and the ticker $FWA. TokenWorks retains intellectual-property rights in the Site, Services, Smart Contract, source code, designs, and trademarks, subject to any applicable open-source licenses. Your use of the Services does not grant you any ownership or license rights except as expressly stated herein. Certain components of the Services may be released under open-source licenses. To the extent you submit code, comments, ideas, or other contributions to TokenWorks, whether through public statements or a repository or open-source project, you grant TokenWorks and the public a perpetual, irrevocable, worldwide, non-exclusive, royalty-free license to use, modify, and distribute such contributions. You agree not to assert any intellectual-property claim against TokenWorks or other users arising from their lawful use of such open-source materials.
TokenWorks may modify, upgrade, suspend, discontinue, delist, or restrict any aspect of the Services, including the Site, user interface, APIs, analytics, rankings, discovery features, leaderboards, or any displayed position, at any time and for any reason, without notice or liability. TokenWorks has no obligation to maintain, support, or continue to offer any particular feature, view, endpoint, or integration, and any such change shall not affect the on-chain operation of any Smart Contract. TokenWorks’ display, non-display, or removal of any collection or position on the Site is a function of Site operation only, does not constitute curation of or a determination regarding Eligible Collections, and does not alter any Staker vote or the on-chain eligibility of any collection.
You acknowledge that TokenWorks does not verify or curate User Content. You bear sole responsibility for obtaining all necessary rights to any User Content referenced by or embedded in any position, token, or Smart Contract visible or accessible through the Site. You further acknowledge and agree that you assume all risk associated with interacting with, purchasing, acquiring, or relying upon any position, token, NFT, or Smart Contract that may contain, reference, display, or be associated with infringing, unauthorized, or improperly licensed intellectual property, and that TokenWorks has no obligation to screen, review, investigate, or police such material.
TokenWorks grants you a limited, non-exclusive, non-transferable, revocable, and non-sublicensable license to access and use the Services solely in accordance with these Terms.
Your license is conditioned upon lawful use. TokenWorks reserves the right to suspend or restrict access at any time for any reason, including suspected violation of these Terms or applicable law.
By uploading, inputting, selecting, generating, configuring, depositing, or otherwise submitting any names, titles, labels, tickers, symbols, descriptions, metadata, images, artwork, graphics, icons, text, traits, audiovisual materials, branding elements, or any other content ("User Content") to or through the Services in connection with any position, Smart Contract, or information that you display on the Site, you hereby grant TokenWorks a worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicensable license to host, store, reproduce, display, perform, publish, distribute, transmit, modify (solely for formatting or technical display purposes), and otherwise use such User Content as necessary or useful to operate, provide, display, improve, promote, and document the Services, including the rendering of Protocol pages, listings, indexes, leaderboards, analytics, historical views, search results, and any other user-interface or technical functions. This license survives for as long as the User Content appears on or is needed to operate the Services and includes the right for TokenWorks to make backup copies, cache content, and permit third-party infrastructure providers (including hosting, indexing, caching, analytics, and partners) to exercise these rights on TokenWorks' behalf.
This Section governs requests to remove or disable access to User Content displayed on the Site. TokenWorks may remove, disable, hide, or modify the display of User Content on the Site at any time. Such actions apply only to Site-hosted or Site-rendered content. Removal from the Site does not affect any position, transaction, Smart Contract, or state of the blockchain. TokenWorks cannot modify, remove, halt, interfere with, or reverse any of Your on-chain transactions.
TokenWorks complies with the Digital Millennium Copyright Act ("DMCA"). Copyright holders may submit a notice to inquire@token.works that includes:
Notices that do not satisfy 17 U.S.C. §512(c)(3) may be rejected. Users whose Site-hosted content is removed pursuant to a DMCA notice may send a counter-notification consistent with 17 U.S.C. §512(g). TokenWorks may restore the material unless the copyright claimant initiates a court proceeding.
Trademark complaints must be submitted to inquire@token.works and must include:
Requests that rely solely on similarity of names, themes, aesthetics, or speculation about confusion may be rejected without review. TokenWorks evaluates trademark complaints in its sole discretion. TokenWorks may decline to act where: (i) the dispute is between users, (ii) the evidence does not demonstrate actual confusion, (iii) the use appears descriptive, nominative, parody, or commentary, or otherwise fair use. TokenWorks is not an arbiter of trademark disputes and has no obligation to enforce trademark rights on behalf of any party.
TokenWorks may, at any time and in its sole discretion, remove, disable, hide, or restrict the display of any User Content on the Site that TokenWorks determines, whether through automated or manual review, to be unlawful, abusive, harassing, defamatory, hateful, fraudulent, deceptive, violent, sexually explicit, pornographic, or otherwise inappropriate, including any content involving minors or content that exploits, endangers, or depicts harm to children. TokenWorks may also remove any content that promotes self-harm, violence, or other conduct that TokenWorks reasonably believes creates risk to users or the public. These actions apply solely to Site-hosted or Site-rendered content and do not extend to any Smart Contract or on-chain transaction, which TokenWorks cannot modify, remove, or interfere with.
By using the Services, you agree and acknowledge that: TokenWorks may remove, disable, or hide Site-hosted User Content at its discretion; TokenWorks has no obligation to take action unless required by applicable law; TokenWorks' actions are limited to the Site and do not extend to on-chain systems; and TokenWorks' implementation of this Policy does not constitute legal advice, endorsement of claims, or acceptance of liability.
TokenWorks encourages the responsible disclosure of security vulnerabilities. If you believe you have discovered a potential vulnerability or security issue, please report it by contacting inquire@token.works. Unless explicitly stated, TokenWorks does not offer any form of bounty or compensation for such disclosures.
You agree to use the Services only in compliance with all applicable laws, including those governing securities, commodities, money transmission, anti-money-laundering, and sanctions. You further agree not to: (i) use the Services for illegal, fraudulent, or unauthorized purposes; (ii) distribute malware or harmful code; (iii) misrepresent affiliation with TokenWorks or any NFT project; (iv) interfere with network operations or engage in Sybil or denial-of-service attacks; (v) manipulate market activity; (vi) use the Services in any way that violates sanctions administered by the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC") or any other applicable authority; (vii) use the Services for any harmful, deceitful, or unlawful purpose; or (viii) attempt to interact with the Site or Smart Contracts for the purpose of unjustly enriching yourself at the expense of others.
In addition to all other obligations in these Terms, you agree that you will not, in connection with the Services or the Protocol: (i) engage in fraud, deception, or misrepresentation; (ii) operate or participate in wash trading, spoofing, layering, pump-and-dump schemes, or any other form of market manipulation; (iii) deploy, promote, or facilitate activity intended primarily to defraud, steal from, or otherwise harm other users; (iv) engage in phishing, spamming, or attempts to obtain private keys, seed phrases, or other sensitive credentials from any person; (v) upload or reference malware, malicious contracts, or code intended to interfere with the operation of any wallet, protocol, or network; (vi) use the Services in any manner that attempts to circumvent, disable, or abuse any limits, filters, or controls implemented by TokenWorks; or (vii) acquire, borrow, or aggregate voting power, including through flash loans, Sybil wallets, or coordinated delegation, for the purpose of manipulating the outcome of any vote in the Curation Mechanism.
The Services may not be used in any jurisdiction where their use would be unlawful or require registration or licensing of TokenWorks. TokenWorks reserves the right to restrict access by IP geolocation or wallet address where legally required. You represent and warrant that you are not: (i) located in, ordinarily resident in, or organized under the laws of any jurisdiction subject to a comprehensive U.S. Government embargo ("Embargoed Jurisdiction"); (ii) identified on any U.S. or international sanctions list, including OFAC's Specially Designated Nationals list; or (iii) acting for or on behalf of any such prohibited person or entity. You further represent, warrant, and covenant that (iv) you are not located in, ordinarily resident in, or accessing the Services from any jurisdiction in which the use of the Services would constitute unlawful activity; (v) you will not use the Services to place, accept, or facilitate any bet or wager, or as gambling of any kind; and (vi) your use of the Services complies with all laws applicable to you, including those governing games of chance and prize activities. TokenWorks may restrict or block access by IP geolocation, wallet screening, or other means from any jurisdiction, in its sole discretion. TokenWorks may block or restrict your access to the Services if it believes you have violated any aspects of these Terms.
The Services may include links or functionality connecting to third-party websites, smart contracts, or applications ("Third-Party Services"). TokenWorks does not review, endorse, or control these Third-Party Services and is not responsible for their content or performance. You use all Third-Party Services at your own risk and are subject to their respective terms and conditions.
You may provide comments, bug reports, or other feedback about the Services ("Feedback"). You grant TokenWorks a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use and disclose your Feedback for any purpose without compensation.
The NFTs available through the Protocol are collectibles. They are not investments, deposits, securities, derivatives, or financial instruments, and TokenWorks does not value, price, appraise, underwrite, or represent that any NFT has any inherent, intrinsic, or market value. TokenWorks does not know or determine the value of any NFT. The ETH price required to acquire a position, and the probability that any particular NFT is selected, are derived entirely from the ETH backing that a Depositor voluntarily commits to a position — that is, the amount the Depositor is willing to buy the NFT back at — and not from any appraisal, rarity, floor price, market value, or worth of the underlying NFT. Backing is set unilaterally by Depositors, may bear no relationship to any market price, and may be repriced or withdrawn subject to the rules of the code. You are solely responsible for determining what, if anything, any NFT or position is worth to you.
For the avoidance of doubt, the Services are not offered or operated as gambling, a lottery, a raffle, a sweepstakes, or a game of chance. An acquisition is a purchase of a collectible NFT position at a price derived from code, and every Purchaser receives an NFT position in exchange for the price paid; a Purchaser never stakes value on the chance of receiving nothing. Selection among positions is random and weighted inversely to backing, and these probabilities are determined solely by the deployed Smart-Contract code and are publicly verifiable on-chain; TokenWorks does not set, guarantee, or represent any Purchaser's odds of receiving any particular position. By using the Services, you represent and warrant that you are acquiring positions solely to collect, hold, use, or resell NFTs, and not to place a bet or wager or to gamble. Any term used in the Documentation or in any TokenWorks communication, such as “rewards,” “earn,” “yield,” “pot,” “prize,” “APY,” “staking,” “voting,” or “buy pressure,” is a shorthand description of autonomous, programmatic outputs of the Smart-Contract code and does not constitute an offer of, or a promise or guarantee of, any prize, profit, income, yield, or winning, and does not characterize the Services as gambling or as a security; in the event of any conflict, the characterizations in this Agreement control.
All information made available through the Services or by TokenWorks is for informational purposes only. TokenWorks does not provide investment, financial, tax, or legal advice. You acknowledge that no FWAToken, token, position, or NFT constitutes a security, investment contract, or financial instrument under applicable law, and that your participation in the Protocol is at your sole risk. No token, NFT, or digital item associated with the Services is offered or sold by TokenWorks as an investment or security. The Services do not constitute an offer to sell or the solicitation of an offer to buy any financial instrument. Users are solely responsible for determining whether their use of any token complies with applicable laws in their jurisdiction. Any competitive, leaderboard, top-deposit, or reward functionality associated with the Services is intended solely for entertainment and experimentation. No feature or outcome within the Services should be interpreted as a financial reward, investment return, or promise of profit. The staking and voting functionality described in Section 12 exists solely to enable participation in the Curation Mechanism and is not a yield-bearing, lending, or investment product. TokenWorks does not guarantee that any tokens, NFTs, or digital items have or will ever have monetary value.
You acknowledge and agree that the Site may display prices, charts, historical data, graphs, analytics, rankings, performance summaries, market information, or other financial or quasi-financial data. All such information is provided solely for informational and descriptive purposes, may be incomplete, inaccurate, delayed, incorrect, interrupted, or unavailable, and is furnished without any warranties of any kind, express or implied. TokenWorks does not verify, audit, or confirm the accuracy, reliability, timeliness, or completeness of any displayed data and makes no representation that such information reflects real-time or actual market conditions. You agree that you will not rely on any such information to make financial, investment, trading, or transactional decisions, and that any use of such information is entirely at your own risk. TokenWorks does not undertake any obligation to update, correct, or continue to display any such information, and no communication or silence by TokenWorks regarding displayed data creates any duty to monitor markets or act for your benefit.
By depositing, backing, listing, configuring, or otherwise making available any NFT, position, or on-chain mechanism through the Services, you represent and warrant to TokenWorks that: (i) You have full right, title, authority, and capacity to deposit, back, list, configure, and make available such NFT or position; (ii) You are the lawful owner of, or are duly authorized by the lawful owner or controller of, each NFT, Smart Contract, or on-chain asset that you deposit, reference, or configure through the Services, including any asset whose ownership or transfer authority is required for your position to function as you intend; (iii) If the NFT or position references, controls, includes, displays, encodes, or otherwise involves or interacts with any NFT or other digital assets containing or referencing any artwork, image, text, sound recording, audiovisual work, metadata, name, likeness, logo, trademark, brand, or any other form of intellectual property (collectively, "User Content"), you have obtained all necessary rights, licenses, permissions, and consents from the applicable rights holders to use, reproduce, display, perform, distribute, and otherwise incorporate or exploit such User Content; (iv) You will not deposit, back, or configure any NFT or position that infringes, misappropriates, dilutes, or otherwise violates the intellectual-property, publicity, moral, or privacy rights of any third party; (v) Any wallet address, smart contract, DAO, account, or other destination you designate to receive backing, proceeds, or other value belongs to the lawful recipient entitled to such payments or benefits. You represent and warrant that no other person or entity holds a superior legal or equitable claim to those funds or proceeds. You further release, waive, and discharge TokenWorks from any and all liability, claims, or demands—known or unknown, suspected or unsuspected, asserted or unasserted—arising out of or related to any alleged or actual infringement or misuse of intellectual property contained in or referenced by an NFT or position you deposit, back, or configure.
You further represent and warrant that any media content, image, text information, naming conventions, labels, metadata, token names, ticker symbols, images, graphics, icons, traits, descriptions, branding elements, audiovisual materials, or any other information or materials you upload, select, generate, input, configure, deposit, or reference through the Services ("User Content") do not and will not: (1) infringe, misappropriate, or violate any copyright, trademark, trade dress, patent, publicity right, privacy right, moral right, or other proprietary right of any third party; (2) contain or reference any NFT project, brand, celebrity, collection, or intellectual property unless you possess all legally required rights, licenses, and permissions to use such material in the manner deployed; (3) contain misleading, deceptive, or confusingly similar names, tickers, or branding that may imply sponsorship, affiliation, endorsement, or association with any third party; (4) violate any contractual restriction or license applicable to the underlying content; (5) impersonate any third party person or entity; or (6) create any legal obligation for TokenWorks to remove, modify, or host such User Content.
Each time you upload, input, reference, configure, select, deposit, or otherwise use the Services, you represent and warrant that all information, parameters, contract references, metadata, content, wallet designations, settings, and selections you provide or initiate: (i) are accurate, complete, honest, and made solely by you; (ii) do not violate any third-party rights, licenses, restrictions, agreements, laws, or obligations; (iii) are authorized by all persons or entities with any legal or equitable interest in the referenced Smart Contract, NFT, metadata, or related content; (iv) do not create any duty, obligation, liability, or expectation for TokenWorks beyond those expressly stated in these Terms; and (v) are within your full right, authority, and capacity to make, both at the time of the action and on an ongoing basis.
You agree to defend, indemnify, and hold harmless TokenWorks, its officers, directors, employees, contractors, affiliates, and successors (collectively, the "TokenWorks Parties") from and against any and all claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (i) your use or misuse of the Services; (ii) your violation of these Terms or any applicable law; (iii) your violation, infringement, misappropriation, or dilution of any intellectual-property, proprietary, privacy, publicity, moral right or contractual right of any third party; (iv) any NFT, position, Smart Contract, or on-chain mechanism you deposit, back, configure, or authorize through the Services, including without limitation any inclusion of or reference to copyrighted material, trademarks, trade dress, names, likenesses, or other protected content without proper authorization; (v) any designation of a wallet address, account, or recipient to receive backing, proceeds, or other value, including any claim that such address or recipient was not the lawful or rightful beneficiary of such payments; (vi) any promotional, marketing, or public statements made by you relating to a position, Smart Contract, the Protocol, or the Services; and (vii) any vote you cast or delegate, or cast as a Delegate, in the Curation Mechanism.
TokenWorks may, at its sole discretion, assume control of the defense of any matter for which you owe indemnification. You agree to cooperate fully with TokenWorks in any such defense, including providing all information, records, and access reasonably requested.
You further release and discharge the TokenWorks Parties from any and all liability, claims, or demands—known or unknown, suspected or unsuspected, asserted or unasserted—arising out of or relating to any alleged or actual infringement, misappropriation, or misuse of intellectual property or proceeds associated with a position or Smart Contract you deposit, back, or configure. This indemnification, release, and cooperation obligation shall survive the termination of these Terms and your use of the Services.
The Services, the Protocol, all positions, and all digital assets available in connection with the Services are provided "AS IS" and "AS AVAILABLE," without warranties of any kind. To the maximum extent permitted by law, TokenWorks disclaims all express or implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement. Ownership of FWAToken or any token, position, or NFT does not grant or imply any legal rights, economic rights, governance rights (other than the ability of Stakers to participate in the Curation Mechanism as encoded in the Smart Contracts), claims, interests, or entitlements in or to any underlying asset, Smart Contract, configuration, governance mechanism, treasury, pool, reserve, digital asset, NFT, or other property referenced by or incorporated within the Protocol. FWAToken and any tokens are purely programmatic artifacts that operate according to their encoded logic and do not confer governance rights (other than as set forth in Section 12), ownership rights, revenue rights, economic rights, or any form of legal or equitable interest in TokenWorks or in any third-party project. Any appearance of value, functionality, or interaction arising from a token exists solely as a result of autonomous Smart Contract operations and does not create any expectation of rights, control, or benefit beyond those executed on-chain.
TokenWorks does not warrant that the Services will function uninterrupted, be free of errors, vulnerabilities, or exploits, or that the Protocol will perform as expected. There is the risk of known and unknown errors, bugs, exploits, or vulnerabilities with the Smart Contracts which may interfere with your expected use or enjoyment of the Smart Contracts.
By using the Services, you acknowledge and accept the following risks, among others: (i) Smart-contract bugs or exploits may result in loss of assets; (ii) NFT marketplaces or underlying collection smart contracts may change, fail, or become incompatible with our Site or Smart Contracts; (iii) Gas fees, network congestion, or errors outside TokenWorks' control; (iv) Market volatility may affect the price, liquidity, or availability of any token or asset interacting with our Smart Contracts; (v) Regulatory developments may adversely impact blockchain systems and may result in the discontinuation of any of our Smart Contracts; (vi) final, irreversible, and public transactions; (vii) failure, delay, or manipulation of the verifiable-randomness oracle or other third-party infrastructure on which selection or token liquidity depends; (viii) known and unknown errors or bugs affecting the Smart Contracts that may affect their intended or expected operation; (ix) malicious third parties who interact with, exploit, or use the Smart Contracts in a deceptive or unintended manner; (x) the volatile price of Ethereum may impact the functionality, usability, logic, practicality, or intended purpose of the Smart Contracts; (xi) staked FWAToken is subject to a withdrawal delay during which it cannot be sold or transferred, and its value may decline during that period; (xii) Stakers, including Delegates and holders of large amounts of FWAToken, may add or remove collections in a manner you disagree with or that adversely affects your positions, and the Contract Owner may exercise its administrative permissions, including to add collections, exempt collections from removal, or change voting parameters; and (xiii) Voting Rewards may be reduced, delayed, or zero. You assume total responsibility for any losses or damages to yourself or others arising from these risks.
You further acknowledge and agree that the Protocol, positions, and tokens accessible through the Services may be highly experimental, volatile, illiquid, and speculative. TokenWorks makes no promise or representation that any market, pool, or counterparty will exist for any token at any time, that you will be able to buy, sell, or exit any position, or that any token will have, retain, or attain any particular price or value. There is no expectation of profit, liquidity, secondary market support, or continued availability of the Protocol or any token, and you may lose all value associated with any digital asset you choose to interact with through the Services.
To the fullest extent permitted by law, TokenWorks and the TokenWorks Parties shall not be liable for any indirect, consequential, incidental, special, or punitive damages, or for any loss of profits, data, or goodwill arising out of or relating to the Services or these Terms. In no event shall TokenWorks' aggregate liability exceed the lesser of (a) $100 USD or (b) the amount directly paid by you to TokenWorks for use of the Services giving rise to the claim.
(a) Agreement to Arbitrate. You and TokenWorks agree that any dispute, controversy, or claim arising out of or relating to these Terms, the Services, or any aspect of the relationship between you and TokenWorks (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before or after the termination of this Agreement) shall be resolved exclusively and finally by binding arbitration, rather than in court, except as otherwise expressly provided in this Section.
(b) Governing Law and Rules. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1–16) and the laws of the State of Delaware, without regard to conflict-of-law principles. Arbitration shall be conducted before a single neutral arbitrator under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), as modified by these Terms. Judgment on the arbitrator's award may be entered in any court having jurisdiction.
(c) Location and Language. Unless you and TokenWorks agree otherwise, arbitration shall take place in Delaware, United States, and shall be conducted in the English language. The parties may agree to virtual or document-only proceedings at the arbitrator's discretion.
(d) Delegation of Arbitrability. The arbitrator shall have the exclusive authority to determine all issues relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this agreement is void or voidable.
(e) Individual Claims Only. To the fullest extent permitted by applicable law, you and TokenWorks each agree that any arbitration or proceeding shall be conducted solely on an individual basis, and not in a class, collective, consolidated, private attorney general, or representative action. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class or representative proceeding.
(f) Limited Court Actions. Notwithstanding the foregoing, either party may seek (i) temporary or preliminary injunctive relief in a court of competent jurisdiction to prevent immediate or irreparable harm; or (ii) to compel arbitration or confirm an arbitral award under the Federal Arbitration Act.
(g) Fees and Costs. The arbitration fees and costs shall be shared in accordance with the AAA Rules. Each party shall bear its own attorneys' fees and costs, except as otherwise required by applicable law or determined by the arbitrator.
(h) Severability and Survival. If any part of this arbitration clause is found to be invalid or unenforceable, the remaining portions shall remain in full force and effect. This Section shall survive the termination of these Terms and your use of the Services.
These Terms and your use of the Services are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Any dispute not subject to arbitration shall be brought exclusively in the state or federal courts located in Delaware.
If you breach these Terms, all rights granted to you by TokenWorks shall terminate automatically. TokenWorks may suspend or terminate your access to the Services at any time for any reason, without liability or obligation to you.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
All provisions that by their nature should survive termination—including those relating to disclaimers, indemnification, limitation of liability, arbitration, and governing law—shall survive any termination of these Terms.
These Terms constitute the entire agreement between you and TokenWorks regarding your use of the Services and supersede any prior agreements. TokenWorks' failure to enforce any right or provision shall not constitute a waiver. TokenWorks may assign these Terms freely; you may not assign them without our prior written consent. The Services are operated by TokenWorks in the United States. Users accessing the Services from outside the U.S. do so at their own initiative and are responsible for compliance with local laws.
If you have any questions about these Terms, please contact us at inquire@token.works.