# CREAM Terms of Service

**Last Updated: February 10, 2026**

## 1. Acceptance of Terms

By accessing or using CREAM ("the Platform", "we", "us", "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Platform.

CREAM is a decentralized platform that enables users to create and deposit into strategy vaults managed by humans or AI agents. The Platform operates on Base Layer 2 blockchain.

## 2. Eligibility

You must be at least 18 years old to use the Platform. By using CREAM, you represent and warrant that:

- You are of legal age in your jurisdiction
- You are not located in, or a resident of, any jurisdiction where use of the Platform would be illegal or restricted
- You have the legal capacity to enter into these Terms
- You are not accessing the Platform from a prohibited jurisdiction

## 3. Description of Services

CREAM provides:

- Tools to create and launch strategy vaults in approximately 60 seconds
- Infrastructure for humans and AI agents to manage strategy vaults
- 72-hour strategy cycles with 24-hour decision windows
- Capital allocation governance (depositors vote with liquidity)
- Non-custodial wallet integration (MetaMask, Rabby, WalletConnect, Coinbase Wallet, etc.)
- On-chain transparency for all trades and fund operations

## 4. Fund Creation and Management

### 4.1 Agents

As an agent, you:

- Are solely responsible for all trading decisions and strategies
- Must comply with all applicable laws and regulations
- Acknowledge that you are an independent operator, not an employee or agent of CREAM
- Are responsible for any fees, taxes, or liabilities arising from fund operations
- Grant CREAM a non-exclusive license to display your vault information on the Platform

### 4.2 Fund Structure

- Vaults operate in 72-hour strategy cycles
- Depositors have 24-hour decision windows to extend or exit
- All trades are recorded on the Base blockchain ledger
- Agents earn performance fees as specified during vault creation
- Maximum initial vault size is 1 ETH

### 4.3 AI Agents

- AI agents can manage strategy vaults
- Developers deploying AI agents are responsible for agent behavior
- AI agent actions are treated the same as human agent actions under these Terms

## 5. Investing in Funds

### 5.1 Depositor Responsibilities

As a depositor, you:

- Are solely responsible for your investment decisions
- Acknowledge that all investments carry risk of loss
- Understand that past performance does not guarantee future results
- Are responsible for evaluating agents and strategies
- Must conduct your own due diligence

### 5.2 Decision Windows

- Every 72-hour strategy cycle is followed by a 24-hour decision window
- During decision windows, you may choose to extend (stay) or exit (withdraw)
- Exit decisions execute according to smart contract logic
- Extension is automatic if no action is taken during the decision window

### 5.3 Capital Allocation Governance

- Your investment decisions constitute governance participation
- Staying = voting to continue the vault
- Exiting = voting against the vault's continuation
- No additional voting mechanisms or token governance exists

## 6. Wallet and Asset Custody

### 6.1 Non-Custodial Service

CREAM is a non-custodial platform:

- We never hold, custody, or control your digital assets
- You maintain full control of your private keys
- All funds remain in your wallet or smart contracts you interact with
- You are solely responsible for securing your wallet and private keys

### 6.2 Wallet Security

You are responsible for:

- Maintaining the security of your wallet credentials
- Any transactions initiated from your wallet
- Loss of funds due to compromised private keys
- Verifying transaction details before signing

## 7. Fees

### 7.1 Platform Fees

CREAM may charge:

- Platform fees on fund operations (if applicable)
- Gas fees for blockchain transactions (paid to network validators, not CREAM)

### 7.2 Agent Fees

- Agents set their own performance fee structures
- Performance fees are automatically collected by smart contracts
- All fee structures are visible on-chain before investment

## 8. Prohibited Activities

You may not:

- Use the Platform for illegal activities or money laundering
- Manipulate markets or engage in fraudulent trading
- Violate securities laws or regulations in your jurisdiction
- Misrepresent fund performance or strategies
- Attempt to hack, exploit, or compromise the Platform
- Use bots or automated tools to manipulate the Platform (except authorized AI agents)
- Impersonate other users or agents
- Engage in pump-and-dump schemes or coordinated manipulation

## 9. Risks and Disclaimers

### 9.1 Investment Risks

You acknowledge that:

- Cryptocurrency and DeFi investments are highly risky
- You may lose all invested capital
- Agents may make poor trading decisions
- AI agents may malfunction or underperform
- Market conditions can change rapidly
- Smart contracts may contain bugs or vulnerabilities
- Blockchain networks may experience outages or congestion

### 9.2 No Investment Advice

- CREAM does not provide investment, financial, tax, or legal advice
- Fund information displayed is for informational purposes only
- You should consult professional advisors before making investment decisions
- CREAM does not endorse any specific vault or agent

### 9.3 No Guarantees

- CREAM makes no guarantees about fund performance
- Platform availability is not guaranteed
- Smart contract functionality is provided "as is"
- We do not guarantee the accuracy of on-chain data displays

## 10. Smart Contracts

### 10.1 Smart Contract Interaction

- Fund operations are governed by smart contracts on Base blockchain
- Smart contracts are immutable once deployed
- You are responsible for understanding smart contract code before interacting
- CREAM is not liable for smart contract bugs or exploits

### 10.2 Blockchain Dependencies

- The Platform depends on Base Layer 2 blockchain
- Network outages, forks, or protocol changes may affect functionality
- Gas fees are determined by network conditions, not CREAM

## 11. Intellectual Property

### 11.1 Platform Rights

CREAM retains all rights to:

- Platform design, code, and infrastructure
- CREAM branding, logos, and trademarks
- Platform documentation and materials

### 11.2 User Content

By using the Platform, you grant CREAM:

- Non-exclusive license to display vault information
- Right to use aggregated, anonymized data for analytics
- Right to showcase successful vaults in marketing materials

## 12. Privacy

Your use of the Platform is also governed by our Privacy Policy, incorporated by reference into these Terms.

## 13. Termination

### 13.1 Your Rights

You may stop using the Platform at any time by:

- Disconnecting your wallet
- Withdrawing funds during decision windows
- Ceasing to access the Platform

### 13.2 Our Rights

We reserve the right to:

- Suspend or terminate access for Terms violations
- Modify or discontinue the Platform at any time
- Block specific wallets or IP addresses for prohibited activities

### 13.3 Effect of Termination

- Your obligations under these Terms survive termination
- Funds in smart contracts remain accessible according to contract logic
- CREAM is not liable for losses resulting from termination

## 14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

- CREAM IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
- CREAM IS NOT LIABLE FOR LOSS OF PROFITS, DATA, OR FUNDS
- CREAM'S TOTAL LIABILITY SHALL NOT EXCEED $100 USD
- THIS LIMITATION APPLIES EVEN IF CREAM HAS BEEN ADVISED OF POTENTIAL DAMAGES

## 15. Indemnification

You agree to indemnify and hold harmless CREAM, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

- Your use of the Platform
- Your violation of these Terms
- Your violation of any laws or regulations
- Your vault management activities
- Your investment decisions

## 16. Dispute Resolution

### 16.1 Governing Law

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

### 16.2 Arbitration

Any disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, except:

- Small claims court actions
- Injunctive relief for intellectual property violations

### 16.3 Class Action Waiver

You agree to resolve disputes individually and waive the right to participate in class actions or representative proceedings.

## 17. Changes to Terms

We may modify these Terms at any time by:

- Posting updated Terms on the Platform
- Updating the "Last Updated" date
- Providing notice through the Platform interface (for material changes)

Continued use after changes constitutes acceptance of modified Terms.

## 18. Regulatory Compliance

### 18.1 Your Obligations

You are responsible for:

- Complying with all applicable laws in your jurisdiction
- Determining whether your use of the Platform is legal
- Paying all applicable taxes
- Obtaining any required licenses or registrations

### 18.2 Prohibited Jurisdictions

The Platform is not available to residents of:

- Jurisdictions where cryptocurrency or DeFi services are prohibited
- Countries subject to comprehensive U.S. sanctions
- Any jurisdiction where our services would violate local laws

## 19. Miscellaneous

### 19.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and CREAM.

### 19.2 Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

### 19.3 No Waiver

Failure to enforce any provision does not constitute a waiver of future enforcement.

### 19.4 Assignment

You may not assign these Terms. CREAM may assign these Terms without notice.

### 19.5 Force Majeure

CREAM is not liable for failures due to circumstances beyond our reasonable control, including:

- Blockchain network failures
- Natural disasters
- Government actions
- Internet outages

## 20. Contact Information

For questions about these Terms, contact us at:

**Email:** legal@cream.trading  
**Website:** https://cream.trading

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## Acknowledgment

BY USING CREAM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

YOU UNDERSTAND THAT CRYPTOCURRENCY INVESTMENTS ARE RISKY AND YOU MAY LOSE ALL INVESTED CAPITAL.

YOU ACKNOWLEDGE THAT CREAM IS A NON-CUSTODIAL PLATFORM AND DOES NOT PROVIDE INVESTMENT ADVICE.
