Pump.fun Packs Terms

1. Introduction

1.1. These Packs Terms (these “Terms”) are provided by the Pump Entities (as defined in the Terms of Use) (“we”, “us” or “our”) and govern your purchase and opening of Packs, and your holding, sale, buyback and redemption of Collectibles, through the pump.fun mobile application (the “App”) and any other part of the Pump Platform on which we make Packs available. The Pump.fun Terms of Use published at https://pump.fun/docs/terms-and-conditions, the Privacy Notice and the other documents incorporated into the Terms of Use, each as amended from time to time (together, the “Pump Terms”), also apply to your use of Packs, and capitalised terms that are not defined in these Terms have the meanings given in the Pump Terms. These Terms are Product-Specific Terms under Section 1.5 of the Terms of Use. To the extent of any conflict, these Terms govern Packs and Collectibles and the Pump Terms govern in all other respects.

1.2. Acceptance. You must accept these Terms through the App before you first purchase a Pack. By accepting these Terms, or by purchasing or opening a Pack or holding, selling or redeeming a Collectible through the Pump Platform, you confirm that you have read, understood and agree to be bound by these Terms and the Pump Terms, and that you are eligible under Section 3.

1.3. Who you are dealing with. Packs and Collectibles are sold, held, bought back and fulfilled by the Pack Provider, not by us. The Pump Platform provides the interface through which you buy and open Packs and manage your Collectibles, and routes your payments and Instructions to the Pack Provider. When you buy a Pack, you are buying it from the Pack Provider; when you accept a buyback, the Pack Provider is buying your Collectible; and when you redeem a Collectible, the Pack Provider delivers the physical item to you. Section 10 explains what this means for you.

THESE TERMS INCLUDE AN AUTOMATIC BUYBACK OF ANY COLLECTIBLE THAT YOU DO NOT REDEEM, SELL OR TRANSFER WITHIN THE HOLDING PERIOD (SECTION 7), AND THEY INCORPORATE THE WAIVERS OF JURY TRIAL AND CLASS ACTIONS IN THE PUMP TERMS. PLEASE READ THEM CAREFULLY.

2. Defined Terms

“Automatic Buyback” has the meaning given in Section 7.1.

“Buyback Offer” means an offer by the Pack Provider, displayed on the Pump Platform, to purchase a Collectible from you for the amount of USDC stated in the offer.

“Collectible” means the on-chain token that you receive when you open a Pack, which represents a specific physical item (such as a graded trading card) held by the Pack Provider or its vault partners and carries the right, under the Pack Provider Terms, to redeem that item, together with the associated physical item where the context requires. A Collectible is a Digital Asset for the purposes of the Pump Terms.

“Displayed Value” means the value that the Pack Provider assigns to a Collectible and that is displayed on the Pump Platform at the Reveal or on the Collectible’s page, as described in Section 8.

“Holding Period” means, for a Collectible, the period of three (3) days (or such other period as is stated on the Pump Platform at the time you open the relevant Pack) beginning at the Reveal, as shown by the countdown on the Collectible’s page in the App.

“Pack” means a sealed digital pack offered for sale through the Pump Platform at a stated price, which when opened reveals one Collectible drawn from the pool of items that the Pack Provider has allocated to that Pack.

“Pack Page” means the page in the App for a Pack, on which its price, the items or categories of items that may be revealed, any odds or value bands and any Pack-specific terms are displayed.

“Pack Provider” means Phygitals, Inc., a Delaware corporation, or any other provider of Packs and Collectibles that we identify on the Pump Platform from time to time, together with its affiliates, vault partners and service providers. No Pump Entity is a Pack Provider.

“Pack Provider Terms” means the terms of service, privacy policy, return and refund policy, redemption and shipping terms and other policies published by the Pack Provider from time to time (as of the date of these Terms, at https://docs.phygitals.com/user-agreements/terms-of-service), as amended by the Pack Provider from time to time.

“Redemption” means the process, provided by the Pack Provider, by which you exchange a Collectible for delivery of the physical item that it represents, as described in Section 9.

“Reveal” means the moment at which the Collectible contained in a Pack you have opened is shown to you in the App.

3. Eligibility and Restrictions

3.1. You may purchase or open a Pack, or hold, sell or redeem a Collectible through the Pump Platform, only if you are eligible to use the Pump Platform under Section 2 of the Terms of Use, are at least eighteen (18) years of age and of the legal age of majority in your jurisdiction, and are not located, incorporated or resident in a Prohibited Jurisdiction. You must also be eligible under the Pack Provider Terms, which exclude persons in jurisdictions subject to comprehensive sanctions and persons on sanctions lists.

3.2. Packs are not available in every jurisdiction. The laws governing the sale of packs with randomised contents, the buyback of collectibles for value and the shipment of physical goods differ between jurisdictions and are changing. We may at any time, with or without notice, make Packs, Buyback Offers, the Automatic Buyback, Redemption or the resale of Collectibles unavailable to persons located, incorporated or resident in any jurisdiction, including any state, province or territory of a country in which the Pump Platform is otherwise available, by identifying that jurisdiction on the Pump Platform; Packs are then a Restricted Feature under Section 1.6 of the Terms of Use in that jurisdiction. You are solely responsible for determining whether purchasing Packs and holding, selling and redeeming Collectibles is lawful for you where you are, and you must not use any VPN, proxy or other means to obtain access to Packs from a jurisdiction in which they are unavailable.

3.3. Packs are for personal use. You may not purchase Packs or deal in Collectibles on behalf of any other person, for resale as a business, or using automated tools, and you may not use more than one Wallet to purchase Packs in order to circumvent any limit we or the Pack Provider impose.

4. Buying and Opening Packs

4.1. Price and payment. Each Pack is offered at the price stated on the Pack Page, in USDC. If you pay with SOL or another Digital Asset, the Pump Platform first converts it to USDC in a Transaction that you sign, on which the Platform Fee and the other fees described on the Fees Page apply. Your payment for a Pack is transferred from your Wallet directly to the Pack Provider. No Pump Entity receives the price of a Pack.

4.2. What you receive. Opening a Pack reveals one Collectible. Each Pack always contains a Collectible: no Pack is empty, and no Pack contains money. The identity of the Collectible is determined by the Pack Provider by a random draw, at the time you open the Pack, from the pool of items that the Pack Provider has allocated to that Pack. Neither you nor any Pump Entity can select, influence or know in advance which Collectible a Pack contains.

4.3. Odds and contents. The items that a Pack may contain, their Displayed Values and any odds or value bands shown on the Pack Page are supplied by the Pack Provider. They describe the pool for that Pack at the time they are displayed to you and apply to a Pack you buy at that time. Because the pool is finite and is replenished by the Pack Provider (including with items that other users have sold back), the contents and odds of a Pack change as Packs are opened and items are added or removed, and the Pack Page may be updated at any time without notice. The odds and contents displayed when you confirm a purchase are the only ones that apply to that purchase; an earlier or later display, a screenshot or a statement made elsewhere does not. If a Pack is out of stock when you attempt to buy it, no purchase is made and no payment is taken.

4.4. Displayed Values are not guaranteed. A Displayed Value is the Pack Provider’s own estimate of the value of an item at the time it is displayed, derived from third-party pricing sources, is updated by the Pack Provider from time to time, and is Third-Party Data under Section 23.6 of the Terms of Use. It is not a price at which any person is obliged to buy the Collectible from you, other than the Pack Provider under a Buyback Offer or the Automatic Buyback on the terms set out in Sections 6 and 7, and it may differ materially from the amount you could obtain by selling or redeeming the Collectible. Most Collectibles have a Displayed Value lower than the price of the Pack from which they are revealed, and the amount you receive for a Collectible may be less, and in many cases will be less, than the amount you paid for the Pack.

4.5. Purchases are final. A Pack purchase is complete when your payment Transaction is confirmed on the Supported Network, and an opened Pack cannot be returned, exchanged or refunded. You expressly agree that the Pack Provider begins performance as soon as you open a Pack, and, to the extent that Applicable Law would otherwise give you a right to withdraw from or cancel the purchase of digital content, you acknowledge that you lose that right when you open the Pack. If a Pack you have paid for is not delivered, or an opened Pack fails to reveal a Collectible, the remedy is the refund or replacement provided by the Pack Provider under the Pack Provider Terms, and we will assist you in raising it with the Pack Provider as described in Section 11.

4.6. Multiple opens and practice pulls. The App may allow you to buy and open several Packs in one order, to open another Pack immediately after a Reveal, or to open a practice pack that costs nothing and reveals nothing of value. Each paid Pack in an order is a separate purchase under these Terms. You are responsible for every Pack opened from your Wallet, including Packs opened by mistake or by any person to whom you have given access to your Wallet or device.

5. Your Collectible

5.1. Delivery to your Wallet. The Collectible revealed by a Pack is delivered to your Wallet as a token on the Solana blockchain. You may keep it, sell it to the Pack Provider under a Buyback Offer, list it for sale to other users where the Pump Platform permits, transfer it to another wallet, or redeem it, in each case subject to these Terms and the Pack Provider Terms.

5.2. What a Collectible is. A Collectible is issued by the Pack Provider. It represents a specific physical item held in custody by the Pack Provider or its vault partners and your right under the Pack Provider Terms to have that item delivered to you. Title to the physical item, the terms on which it is held, the insurance that covers it and your rights if it is lost, damaged, misdescribed or unavailable are governed solely by the Pack Provider Terms. No Pump Entity holds, insures or has any control over any physical item, and no Pump Entity makes any representation that a Collectible is backed by, or will remain redeemable for, any particular item.

5.3. Transfer authority of the Pack Provider. A Collectible is issued with a transfer authority that allows the Pack Provider to transfer it out of your Wallet without a further signature from you. The Pack Provider uses this authority to carry out the Automatic Buyback described in Section 7 and, under the Pack Provider Terms, to retire a Collectible on Redemption. By opening a Pack you acknowledge that your Collectible may be transferred by the Pack Provider in those circumstances, and you authorise and instruct the Pack Provider to do so. The Pump Entities do not hold this authority and cannot exercise it.

5.4. Items without a token. Occasionally a Pack may reveal an item, such as sealed product, that the Pack Provider records in your name but does not issue as a token. Such an item is a Collectible for the purposes of these Terms, but it does not appear in your Wallet, it cannot be transferred or listed through the Pump Platform, and a Buyback Offer and the Automatic Buyback may not be available for it. Your rights in respect of it are governed by the Pack Provider Terms.

5.5. Security. Section 12 of the Terms of Use applies to Collectibles in your Wallet. The Pump Entities are not responsible for a Collectible that is transferred, sold or redeemed by any person to whom you have given, or who has obtained, access to your Wallet, device or session.

6. Buyback Offers

6.1. At the Reveal, and while you hold a Collectible, the Pack Provider may make a Buyback Offer for it, which the App displays together with a “Cash Out” or similar control. If you accept a Buyback Offer, you sign a Transaction that transfers the Collectible to the Pack Provider and the Pack Provider transfers the amount of the Buyback Offer, in USDC, to your Wallet.

6.2. A Buyback Offer is made by the Pack Provider and not by any Pump Entity. The amount of a Buyback Offer is set by the Pack Provider, may be less than the Displayed Value and less than the price of the Pack, may be withdrawn or changed by the Pack Provider at any time before you accept it, and may not be available for every Collectible or at every time. A Buyback Offer that you have not accepted may expire, and a Buyback Offer made from a Collectible’s page after the Reveal may differ from the Buyback Offer made at the Reveal. If the amount of a Buyback Offer changes before your acceptance is processed, your acceptance may be refused and a new Buyback Offer displayed. An accepted Buyback Offer is final once the Transaction is confirmed.

6.3. Where the Pump Platform allows you to list a Collectible for sale to other users or to buy a Collectible listed by another user, the sale is made through the Pack Provider’s marketplace on the Pack Provider Terms, the Pack Provider may charge a fee on it, and the purchase price is paid to the seller and not to any Pump Entity. A listed Collectible remains subject to the Automatic Buyback unless it is sold before the Holding Period ends.

7. Automatic Buyback

7.1. If you have not redeemed, sold or transferred a Collectible by the end of its Holding Period, the Pack Provider will purchase it from you automatically (the “Automatic Buyback”). On the Automatic Buyback, the Pack Provider transfers the Collectible from your Wallet using the transfer authority described in Section 5.3 and, in the same Transaction, transfers to your Wallet in USDC an amount equal to the Displayed Value of the Collectible as determined by the Pack Provider at the time of the Automatic Buyback. That value is the Pack Provider’s valuation of the item at that time, not at the Reveal: it may be higher or lower than the Displayed Value shown at the Reveal, higher or lower than any Buyback Offer you declined, and lower than the price you paid for the Pack.

7.2. Your consent. By opening a Pack you expressly agree to the Automatic Buyback of the Collectible it reveals, and you authorise and instruct the Pack Provider to carry it out, at the end of the Holding Period without any further action, notice or signature from you. The Automatic Buyback is a term of your purchase of the Pack and is not a sale that you can cancel once the Holding Period has ended.

7.3. How to avoid the Automatic Buyback. If you want to keep the physical item, you must begin Redemption under Section 9 before the Holding Period ends. If you want to sell the Collectible to another user, the sale must complete before the Holding Period ends. If you transfer the Collectible to another wallet before the Holding Period ends, the Automatic Buyback may still be carried out from that wallet, and the Pack Provider may pay the proceeds to that wallet. The App shows the time remaining in the Holding Period on the Collectible’s page and may send you a notification before it ends, but it is your responsibility to track the Holding Period, and the Pump Entities are not responsible for any failure of a notification to be sent or received.

7.4. Effect. Once the Automatic Buyback has been carried out, you have no further right or interest in the Collectible or the physical item, and your sole entitlement is the USDC transferred to your Wallet. If you want to lock in the Displayed Value shown at the Reveal, or a Buyback Offer, you must accept that offer before it expires; a Collectible that you keep is exposed to changes in the Pack Provider’s valuation until it is redeemed, sold or automatically bought back. The Pump Entities are not responsible for the amount paid on an Automatic Buyback, for any difference between that amount and the price of the Pack, the Displayed Value at the Reveal or any other time, any Buyback Offer, or the amount for which the Collectible could have been sold or redeemed, or for a Collectible that the Pack Provider fails to buy back.

8. Displayed Values and Pack Information

8.1. Displayed Values, Buyback Offer amounts, odds, value bands, item descriptions, grades, images and other information about Packs and Collectibles are supplied by the Pack Provider or derived from third-party pricing and grading sources that the Pack Provider uses, and are Third-Party Data under Section 23.6 of the Terms of Use. They are provided for information only and may be incomplete, inaccurate, delayed or stale, particularly for items that trade infrequently. The Pump Entities do not verify them and are not responsible for any decision you make in reliance on them.

8.2. A Displayed Value is an estimate of the value of a physical item. It is not the price of the Collectible on any market, not a guarantee of any resale or Redemption value, and not an indication that a Collectible has increased or decreased in value. The App may display the Displayed Values of the Collectibles you hold and the amounts you have paid and received; those displays are for your information only and are not an account, balance, investment record or statement of profit or loss.

9. Redemption

9.1. Redemption is provided by the Pack Provider under the Pack Provider Terms. Where the App offers a “Ship”, “Redeem” or similar control, you will be asked, in the App or in the Pack Provider’s redemption flow that the App opens, for the information the Pack Provider needs to deliver the physical item, including your name, shipping address, email address and telephone number, and for any identity verification that the Pack Provider requires, and the Pack Provider will charge you its redemption, handling and shipping fees and any taxes or duties that apply. That information is collected for the Pack Provider and passed to it; where the App collects it, we process it only to transmit it to the Pack Provider and as described in the Privacy Notice. The Pump Entities do not take payment for Redemption, do not decide whether or when an item is shipped, and do not ship, insure or deliver any physical item.

9.2. Redemption exchanges the Collectible for the physical item: the token is retired by the Pack Provider and the physical item is delivered to you by the Pack Provider or its vault partners. Delivery times, the jurisdictions to which the Pack Provider ships, the substitution of an item of equal or greater value where the item represented by a Collectible is unavailable, risk of loss, customs duties and import taxes, and your rights if an item is lost, damaged or not as described are governed by the Pack Provider Terms. You are responsible for any sales, use, value-added or similar tax and any customs duty on a physical item delivered to you.

9.3. If you begin Redemption before the end of the Holding Period, the Automatic Buyback will not be carried out while the Redemption is in progress. If a Redemption is cancelled, refused or fails for any reason, the Pack Provider may make a new Buyback Offer, carry out the Automatic Buyback, or return the Collectible to your Wallet, in accordance with the Pack Provider Terms.

9.4. You may be able to redeem a Collectible directly on the Pack Provider’s website rather than through the App. Any Redemption made in that way is governed solely by the Pack Provider Terms.

10. The Pack Provider

10.1. Each Pack Provider is an independent third party. No Pump Entity owns, controls or is affiliated with the Pack Provider, and the Pack Provider is not an agent of any Pump Entity. Your purchase of a Pack, the draw that determines its contents, the issue, custody and valuation of a Collectible, every Buyback Offer, the Automatic Buyback, any marketplace sale and every Redemption are carried out by the Pack Provider. The Pump Entities’ role is limited to providing the interface through which you interact with the Pack Provider and routing your payments and Instructions to it.

10.2. Pack Provider Terms. Your purchase of Packs and your holding, sale, buyback and Redemption of Collectibles are also governed by the Pack Provider Terms, which are separate from and additional to these Terms. By purchasing a Pack you confirm that you have read the Pack Provider Terms, that you are eligible under them and that you will comply with them. As between you and the Pack Provider, the Pack Provider Terms govern; as between you and the Pump Entities, these Terms and the Pump Terms govern. Where the Pack Provider Terms describe a buyback, holding period, fee or other feature differently from the way it operates on the Pump Platform, the way it operates on the Pump Platform, as described in these Terms and displayed to you in the App, applies to Packs bought through the Pump Platform. You are responsible for monitoring the Pack Provider Terms for changes.

10.3. Claims lie against the Pack Provider. Any claim relating to a Pack or Collectible itself, including its contents, authenticity, grade, condition, valuation, custody, insurance, buyback, delivery, substitution or loss, or to the Pack Provider’s performance of the Pack Provider Terms, lies solely against the Pack Provider and not against any Pump Entity. Section 24.2 of the Terms of Use applies to any dispute you have with the Pack Provider.

10.4. No diligence or verification by Pump. The Pump Entities do not audit, verify or monitor the Pack Provider, its draw mechanism, its inventory, the existence, custody or condition of any physical item, the accuracy of any Displayed Value, grade or description, or the Pack Provider’s solvency, licensing or regulatory status, and make no representation or warranty of any kind about them. The Pump Entities do not represent that Packs or Collectibles are lawful to buy, hold or redeem in your jurisdiction.

10.5. Changes to the Pack Provider. We may add, replace, suspend or remove a Pack Provider at any time. Collectibles issued by a former Pack Provider remain subject to that provider’s terms, may cease to be displayed, sold or redeemable through the Pump Platform, and may be dealt with only through that provider directly. If a Pack Provider ceases to operate, becomes insolvent or stops honouring Buyback Offers, the Automatic Buyback or Redemptions, the Pump Entities have no obligation to buy back, redeem or deliver any Collectible or to compensate you.

10.6. Fees and arrangements with the Pack Provider. The Pack Provider may charge fees on Pack purchases, marketplace sales and Redemptions as stated on the Pack Page or in the Pack Provider Terms. The Pump Entities may receive a fee, commission or share of revenue from the Pack Provider in connection with Packs bought through the Pump Platform, and the Platform Fee and other fees on the Fees Page apply to any conversion of Digital Assets that you make in order to buy a Pack. Any fee payable to us is described on the Fees Page.

11. Problems, Refunds and Support

11.1. If a Pack you paid for is not delivered, a Pack opens but no Collectible is revealed or delivered, a Buyback Offer or the Automatic Buyback is accepted or carried out but the USDC is not received, a Collectible does not match the items listed on the Pack Page, or any other problem occurs with a Pack or Collectible, please contact our Support team through the channel stated in Section 28 of the Terms of Use. We will raise the issue with the Pack Provider and assist you in pursuing the remedy available under the Pack Provider Terms, but we do not decide claims, and any refund, replacement or other remedy is provided by the Pack Provider under the Pack Provider Terms and not by any Pump Entity.

11.2. The Pump Entities may, in their sole discretion and without any obligation to do so, credit or compensate you in respect of a problem that they consider resulted from a failure of the Pump Platform. Any such credit is made without admission of liability, does not create any entitlement in any other case and is subject to Section 25 of the Terms of Use.

11.3. Our record of your Pack purchases, Reveals, Buyback Offers, Automatic Buybacks and marketplace transactions, together with the record of the Supported Network, is conclusive in the absence of Manifest Error.

12. Nature of Packs; Acknowledgements

12.1. You acknowledge and agree that: (a) a Pack is a purchase of a Collectible whose identity is not known to you until the Reveal, and every Pack contains a Collectible; (b) the Displayed Value of the Collectible you receive may be, and usually is, less than the price of the Pack; you may receive less than you paid if you accept a Buyback Offer or on the Automatic Buyback; and the Automatic Buyback is paid at the Pack Provider’s valuation at the time it is carried out, which may be lower than the value shown at the Reveal; (c) Packs and Collectibles are offered for collecting and entertainment and not as an investment, and the Pump Entities do not recommend that you buy any Pack or hold, sell or redeem any Collectible; (d) the value of collectible items fluctuates, depends on condition, grading, demand and the availability of buyers, and may fall to zero; (e) a Collectible is not a security, commodity interest, deposit or financial instrument, confers no interest in any Pump Entity or the Pack Provider and no right to any payment other than as set out in these Terms and the Pack Provider Terms; and (f) you are solely responsible for determining the tax treatment of your Pack purchases, buybacks, sales and Redemptions and for any tax that applies.

12.2. Responsible use. Buying Packs can be habit-forming. The App may offer tools that allow you to pause or limit your Pack purchases, including a cooling-off control that blocks Pack purchases and openings on your device for a period you choose, and may show you reminders of your activity. We encourage you to use them. You should only spend on Packs what you can afford to lose entirely, and you should not buy Packs in the expectation of a profit. If you are concerned about your spending on Packs, stop and seek support.

12.3. Pack purchases, Buyback Offers, the Automatic Buyback and Redemptions are not Eligible Trades for the purposes of any Trading Competition Terms, and Collectibles are not counted in any trading competition, unless the applicable competition terms expressly state otherwise.

13. Instructions and Transactions

13.1. For the purposes of Sections 7.1, 8, 9, 11, 15, 21, 23, 24, 25 and 32 of the Terms of Use only: (a) each purchase of a Pack, acceptance of a Buyback Offer, listing, purchase or sale of a Collectible, transfer of a Collectible and request for Redemption that you submit through the Pump Platform is an Instruction; (b) each resulting payment, delivery of a Collectible, buyback, sale, transfer and retirement of a Collectible, and the Automatic Buyback, is a Transaction; and (c) the Pack Provider’s systems are a third-party service on which the Pump Platform relies. Nothing in this Section changes the meaning of those defined terms for any other purpose. The Automatic Buyback and the retirement of a Collectible on Redemption are carried out by the Pack Provider under the authority described in Section 5.3 and are not Instructions submitted by you at the time they are carried out.

13.2. The Pump Platform submits your payment for a Pack, your acceptance of a Buyback Offer and your other Instructions as Transactions signed by your Wallet. Sections 8 and 9 of the Terms of Use apply to them. A Transaction that fails or is not confirmed does not result in a purchase, buyback or sale, and the Pump Entities are not responsible for a Pack, Collectible or payment that is delayed or not delivered because of a failure of the Pack Provider’s systems, the Supported Network or any wallet, RPC provider, indexer or other infrastructure.

14. Data

14.1. In order to provide Packs, the Pump Entities share with the Pack Provider your Wallet address, an identifier for your use of the Pump Platform, the details of each Pack purchase, Reveal, buyback, sale and Redemption request you make, and such other information as the Pack Provider requires to perform the Pack Provider Terms, and the Pack Provider shares with us the details of your Collectibles, Buyback Offers, Automatic Buybacks and Redemptions. The Pack Provider may create a record for you on its own systems. Information that you provide for Redemption, including your name, shipping address, email address and telephone number and any identity verification, is collected for the Pack Provider (whether you enter it in the App or on the Pack Provider’s page), is used by the Pack Provider to deliver the item, and is governed by the Pack Provider’s privacy policy; where the App collects it, our handling of it is described in the Privacy Notice. Our processing of your personal data is described in the Privacy Notice.

14.2. Your Collectibles, Reveals, buybacks and marketplace activity may be visible to other users of the Pump Platform, including on your profile, in activity feeds and in features that show recent Reveals, and the Pump Entities may use them, together with your username, to promote Packs.

15. Intellectual Property

15.1. The names, images, logos and other content of the physical items represented by Collectibles, and of the Packs in which they are offered, are the property of their respective owners, who are not affiliated with the Pump Entities and do not sponsor or endorse Packs or the Pump Platform. Images and descriptions of Collectibles are displayed on the Pump Platform under licence from, or as supplied by, the Pack Provider. Holding a Collectible gives you ownership of the token and the rights set out in the Pack Provider Terms in respect of the physical item; it does not give you any copyright, trade mark or other intellectual property right in the item, its design or its imagery, and you may not reproduce or commercially exploit them.

15.2. The Pump IP and Sections 16 to 19 of the Terms of Use apply to the Packs interface, the App and all Pump content relating to Packs.

16. Liability

16.1. Sections 23, 24 and 25 of the Terms of Use apply to Packs and Collectibles. Without limiting them, and to the maximum extent permitted by Applicable Law, the Pump Entities and their affiliates are not responsible or liable to you or any other person for: (a) the contents of any Pack, the draw that determines them, or the odds, value bands, Displayed Values, descriptions, grades or images displayed for any Pack or Collectible; (b) any act or omission of the Pack Provider, including its failure to deliver a Collectible, to honour a Buyback Offer or the Automatic Buyback, to hold, insure or deliver any physical item, to process a Redemption, or to provide any refund; (c) the amount of any Buyback Offer or Automatic Buyback, or any difference between that amount and the price of a Pack, any Displayed Value or any other value; (d) the Automatic Buyback of any Collectible, including where you intended to redeem or sell it and did not do so before the Holding Period ended, and any failure of a notification; (e) any Collectible that is lost, stolen or transferred from your Wallet by any person other than the Pack Provider acting under Section 5.3; (f) any change to or discontinuance of Packs, any Pack, any Buyback Offer, Redemption or the Pack Provider; (g) any restriction of Packs in any jurisdiction, or any consequence of your purchasing Packs or holding, selling or redeeming Collectibles in a jurisdiction where doing so is unlawful; and (h) any tax, duty or other charge on a Pack, buyback, sale or Redemption.

16.2. Our total aggregate liability to you arising out of or in connection with Packs, Collectibles and these Terms will not exceed the greater of (a) the Platform Fee charged on the Transaction giving rise to the Claim and (b) one hundred U.S. dollars (US$100).

16.3. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under Applicable Law. If you are a consumer in a jurisdiction whose laws grant you rights that cannot be excluded or limited by contract, those rights are not affected, and Section 25.6 of the Terms of Use applies.

17. Governing Law and Disputes

These Terms, and any dispute or claim arising out of or in connection with them, Packs or Collectibles, are governed by the laws of the British Virgin Islands and are subject to the dispute resolution provisions of Sections 26 and 27 of the Terms of Use, including mandatory binding arbitration, the class action waiver, the jury waiver, the one-year time limit for claims and the thirty-day opt-out, which are incorporated into these Terms as if set out in full. A dispute between you and the Pack Provider is governed by the Pack Provider Terms.

18. Changes, Suspension and Termination

18.1. We may amend these Terms at any time in accordance with Section 14 of the Terms of Use. We may change the Packs offered, their prices, the Holding Period for Packs opened after the change, the availability of Buyback Offers, marketplace sales and Redemption, and any other feature of Packs, at any time and without notice, and may suspend or discontinue Packs in whole or in part. A change to the Holding Period applies only to Collectibles revealed after the change takes effect.

18.2. If we suspend or discontinue Packs, or if your access to the Pump Platform or to Packs is terminated, suspended or restricted under Section 15 of the Terms of Use, Collectibles already in your Wallet remain subject to these Terms and the Pack Provider Terms, including the Automatic Buyback, and may be dealt with through the Pack Provider directly to the extent that the Pack Provider permits. We have no obligation to maintain any interface for Collectibles after Packs are discontinued.

19. General

Sections 28 and 29 of the Terms of Use apply to these Terms. These Terms, the applicable Pack Page and the Pump Terms constitute the entire agreement between you and the Pump Entities in relation to Packs and Collectibles. The Pack Provider is a third-party beneficiary of Sections 5.3, 7 and 10.3 of these Terms and may enforce them against you; no other third party has any right under these Terms. Questions about these Terms may be directed to legal@pump.fun.