Terms & Privacy Policy

1. Introduction

Welcome to Apella ("we," "us," or "our"), an experimental, community-driven blockchain platform built on Solana. By accessing or using any part of our website(s), Telegram channels, smart contracts, or other services (collectively, the "Services"), you ("User" or "Creator") signify that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not agree, you must discontinue using our Services immediately.

Key Takeaways:

• Apella Token is a utility token, not an investment contract.
• Founding Creator membership is $10/month and offers monthly token distributions plus access to a private Telegram group.
• United States and other restricted jurisdictions: not allowed to participate.
• All transactions on Solana are irreversible and subject to inherent risks.

These Terms apply to all visitors, users, and others who wish to access or use the Services, worldwide, except where local laws explicitly prohibit such activity.

2. Nature of Apella

DeFi & Micro-Payments Focus

Apella is designed to facilitate micro-transactions (e.g., tipping, small-scale payments) and reward creative community participation (e.g., meme campaigns). Built on Solana for low fees and high throughput.

Community-Driven Project

There is no formal legal entity behind Apella at this time. Development and moderation are handled by global contributors. Any guidance, roadmaps, or forward-looking statements are purely indicative and do not constitute promises or contractual obligations.

Utility Token

The Apella token ("Token") exists solely to power interactions within the platform—tipping, membership perks, or future feature access. The Token does not confer ownership rights, profit-sharing, or equity in any entity. No dividends or interest is paid.

Experimental Technology

Apella leverages smart contracts on Solana, which is still evolving. Bugs, exploits, or network outages may occur, and you assume the risks inherent in using an emerging technology.

3. Eligibility & Jurisdictional Restrictions

Minimum Age

You affirm that you are at least 18 years old (or the age of majority in your jurisdiction) and have full authority to accept these Terms.

Prohibited Jurisdictions

The United States of America and any jurisdictions that prohibit the use or ownership of cryptocurrencies (including Apella tokens) are strictly excluded. By using Apella, you represent and warrant that you are not located in a banned jurisdiction and not using VPNs or other methods to circumvent location-based restrictions.

User Compliance

You are solely responsible for knowing and complying with all laws, regulations, and restrictions in your jurisdiction regarding digital assets, tokens, and DeFi activities.

Right to Deny Access

Apella reserves the right to refuse or block access to any user found to be in breach of these Terms, providing false information, or attempting to bypass geographic restrictions.

4. Founding Creator Membership ($10/Month)

Subscription Details

A limited group (first 100 sign-ups) may join the "Founding Creator" program at $10/month. This fee provides:

• Access to a private Telegram group, including direct interaction with key contributors.
• Monthly token distributions (the amount may be fixed or pegged to a nominal value, subject to change).
• Eligibility to participate in meme campaigns for additional token rewards.

Payment Processing

The monthly subscription is processed via Telegram or an approved payment bot. You consent to any necessary data sharing between Telegram and Apella's systems to verify payment status.

Refunds & Cancellations

Payments are non-refundable, barring exceptional circumstances required by applicable law. You may cancel at any time, but you will lose future monthly airdrops and immediate access to the private channel.

No Warranties

No guarantee is provided regarding token value, membership perks, or the continuity of the Founding Creator program. We reserve the right to modify or discontinue the program at any time.

5. Apella Token Distribution & Use

Monthly Airdrops

Founding Creators receive periodic token distributions as outlined in the membership details. We may adjust the distribution schedule or token amounts based on tokenomics, community voting, or operational needs.

Utility-Only

The Token is intended for in-platform usage (e.g., tipping), not for speculative holding or trading. Apella does not endorse or facilitate secondary market trading; any such activity is solely at users' discretion and risk.

No Guarantees of Liquidity or Value

The Token's price and liquidity (if any) are determined by market forces outside our control. You assume the risk of loss if the Token's value declines, or if no market exists for conversion.

Tax Compliance

You are solely responsible for complying with tax obligations in your jurisdiction related to the acquisition, holding, or use of Apella tokens. Apella is not liable for any tax liabilities or reporting requirements you may incur.

6. Prohibited Conduct

You agree not to:

• Engage in Illegal Transactions: Including money laundering, terrorist financing, or violating any sanctions.
• Exploit the Platform: Attempt hacking, phishing, or unauthorized access to wallets, smart contracts, or servers.
• Manipulate Token Metrics: Use bots or other means to artificially inflate transaction volumes, membership, or meme campaign participation.
• Post Inappropriate Content: Discriminatory, hateful, defamatory, or harassing materials are not tolerated in our communities.

Any violation may result in immediate suspension or ban from Apella's Services, and we may report such activities to law enforcement if warranted.

7. Disclaimers & Limitation of Liability

No Financial or Legal Advice

Content within Apella is for informational purposes only. We do not provide financial, investment, or legal advice. Consult professional advisors before making decisions related to tokens or DeFi.

As-Is / As-Available Basis

The Services are provided "as is" and "as available" without any warranties, express or implied, including merchantability, fitness for a particular purpose, or non-infringement.

Assumption of Risk

By using Apella, you acknowledge blockchain-related risks (e.g., volatility, smart contract bugs, cyberattacks) and assume full responsibility for any losses.

Limitation of Liability

Under no circumstances shall Apella, its contributors, or community members be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or other intangible losses, even if advised of the possibility of such damages.

No Guarantees of Continuous Operation

Apella may experience downtime due to maintenance, network congestion, or unforeseen issues. We do not guarantee uninterrupted access.

8. Intellectual Property & Content Licensing

Apella Trademarks & Branding

Logos, trademarks, service marks, and other branding elements are proprietary to Apella or its contributors. You must obtain explicit written permission to use them in any commercial or public context.

User-Generated Content

By submitting memes, artwork, or other content within Apella communities, you grant Apella a worldwide, royalty-free, non-exclusive license to use, reproduce, display, adapt, and distribute that content for promotional, marketing, and community-building purposes.

Open Source Components

Certain parts of the Apella codebase may be licensed under open-source terms. Check the relevant GitHub repositories or official documentation.

9. Modifications to These Terms

Right to Modify

We may revise or update these Terms at our discretion to reflect changes in our Services, tokenomics, or regulatory environment.

Effective Date of Changes

Material changes are effective immediately upon posting. We will endeavor to announce updates in our Telegram group or on our website.

Your Continued Use

Your continued use of the Services after changes are posted constitutes acceptance of the updated Terms. If you disagree, you must stop using Apella.

10. Governing Law & Dispute Resolution

International Principles

These Terms are governed by international principles of law unless a specific local law overrides them.

Arbitration

Any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration, unless otherwise required by local law.

No Class Actions

You agree to resolve disputes on an individual basis, not as a plaintiff or class member in any purported class or representative proceeding.

11. Contact & Notices

For questions, feedback, or notices under these Terms, you can reach us at:

• Email: support@apella.cash
• Website: https://apella.cash

1. Introduction

Apella respects user privacy. This Privacy Policy outlines how we collect, use, store, and disclose personal and non-personal information when you interact with our Services, including:

• Website and any associated web pages
• Telegram channels (especially the $10/month Founding Creator group)
• Smart contracts and blockchain transactions

By using our Services, you consent to the practices described herein.

2. Information We Collect

Minimal Personal Data

We typically do not request personally identifiable information (PII). If you subscribe to an email list or contact us, we may store your email or username to respond.

Telegram Payment Data

When you pay the $10/month fee via Telegram, the payment is processed by Telegram or a third-party bot. We may receive metadata (e.g., user ID, transaction confirmation) to track your subscription status, but not full financial details.

Blockchain Data

Public wallet addresses (e.g., Phantom wallet on Solana) and transaction details are recorded on the Solana blockchain. All data on public ledgers is outside of our direct control.

Cookies & Analytics

Our website may use cookies or analytics services to gather non-personal data like browser type, IP address (anonymized if possible), referral URLs, and usage patterns. This helps us improve functionality and user experience.

3. Use of Collected Information

Service Delivery

• Verify Founding Creator memberships, airdrop tokens, and manage community access.
• Provide updates, announcements, or membership-related communications.

Community Interaction

Administer meme competitions, reward distributions, and overall engagement within the Telegram group.

Legal & Regulatory Compliance

Comply with applicable laws, regulations, or lawful requests for information (e.g., if required by court order).

Analytics & Platform Enhancement

Analyze usage trends to optimize the user experience, site performance, and token distribution mechanics.

4. Data Sharing & Transfers

Third-Party Services

Payment processing is handled by Telegram or integrated payment bots. We do not control or store your credit card or bank info. Analytics tools (e.g., Google Analytics) may have their own privacy policies; data could be stored on servers in various locations.

Public Blockchain

Transactions on Solana are fully transparent. Any data you submit to a transaction (e.g., wallet addresses) is public and permanent.

International Transfers

If you reside outside the region where our servers or third-party services operate, your data may be transferred across borders. By using Apella, you consent to such transfers.

Enforcement & Legal Requests

We may disclose information to law enforcement if required by a lawful order or if we believe doing so is necessary to protect our rights or comply with legal obligations.

5. Data Security

Security Measures

We take reasonable measures (e.g., secure servers, role-based access) to safeguard data we control. However, no system is foolproof, and blockchain technologies pose additional risks.

User Responsibilities

You must secure your wallet's private keys, seed phrases, or passwords. Apella cannot recover lost keys or reverse on-chain transactions.

Retention

We keep minimal personal data (if any) only as long as needed for operational purposes or compliance with legal obligations. Non-personal data may be retained indefinitely.

6. Children's Privacy

Our Services are not intended for children under 18. We do not knowingly collect personal information from minors. If you suspect a minor is using our platform, contact us so we can remove any inadvertent data.

7. US Customers & Other Restricted Regions

No Data Collection from US Residents

We do not knowingly collect or process data from US-based users or other restricted jurisdictions. If we discover such data, we may delete it and deny further access to comply with our Terms of Service.

8. EU Data Protection & GDPR Rights

Applicability

If you are in the European Union (EU) or European Economic Area (EEA), certain GDPR rights (access, rectification, erasure, etc.) may apply to you.

Minimal Personal Data

Because most interactions are on-chain or via Telegram, and we collect limited info, the personal data we control may be minimal. Blockchain data cannot be modified or erased once written.

Requests

You can email support@apella.cash to inquire about any stored personal data. We will make best efforts to comply with GDPR requests, but blockchain data is immutable.

Complaints

If you believe your GDPR rights are violated, you have the right to lodge a complaint with a supervisory authority in your EU/EEA country.

9. Updates to This Policy

We may modify this Privacy Policy at any time to reflect changes in our data practices or for legal reasons. Significant changes will be announced on our website or in Telegram. Your continued use of the Services implies acceptance of the revised Policy.

10. Contact Us

For questions about privacy, data handling, or to exercise any applicable rights:

• Email: support@apella.cash
• Website: https://apella.cash

Final Note

By using Apella, subscribing to the $10 Founding Creator membership, or receiving token distributions, you acknowledge and accept:

• The inherent risks of blockchain and DeFi activities.
• The restricted access for US and other jurisdictions.
• Apella tokens' status as utility tokens without investment or security implications.

Thank you for being part of the Apella community. Your engagement helps us build a decentralized ecosystem for micro-payments and creative rewards. Stay safe, stay informed, and enjoy exploring the future of tipping!