Terms of Use: Token / Web3 App (with Risk Disclosures)
Public-facing terms for a crypto app, wallet, dApp, or token interface, with the digital-asset risk disclosures and geo/sanctions gating regulators expect.
What is a Terms of Use: Token / Web3 App?
A Terms of Use: Token / Web3 App (with Risk Disclosures) is the public-facing terms for a crypto app, wallet, dApp, or token interface, with the digital-asset risk disclosures and geo/sanctions gating regulators expect.
Any team operating a website, app, or interface that lets users interact with a blockchain protocol, hold or swap tokens, or use a wallet, self-custody or otherwise.
Terms of Use: Token / Web3 App template, current for 2026
The terms carry a non-custodial-vs-custodial disclosure, an explicit 'not investment advice / no fiduciary' block, prohibited-jurisdiction and OFAC screening, smart-contract and irreversibility risk, an interface-not-protocol disclaimer, a current arbitration and class-action-waiver clause, and privacy and wallet-data handling aligned to the ~20-state 2026 privacy patchwork.
How HDAi does this differently
Unlike a static form, HDAi runs a guided interview and assembles your Terms of Use: Token / Web3 App as you answer. When you want it finished, a licensed Hart David Carson attorney reviews it and tailors it to your facts before you sign. The interview and the first draft are automated. The judgment belongs to an attorney.
What you’ll be asked
- Who is the company that operates the app or interface? This is the legal entity that publishes these Terms and stands behind the product. We use its name, entity type, and address in the title, definitions, notices, and signature block.
- What email should users use for legal notices, disputes, DMCA, and questions? This is the contact and notice address woven through the security, dispute-resolution, DMCA, amendment, and notices sections. Use a monitored inbox.
- What is the product called? The consumer-facing name of the app, wallet, dApp, or interface. We reference it throughout so the Terms read naturally.
- Where does the product live (website or app URL)? The primary URL or app store listing users reach the service through. Used in the definition of the Interface and for notices.
- What best describes the product? (select all that apply) Different product types trigger different disclosures. A non-custodial wallet needs key-loss warnings, a DEX front-end needs smart-contract and non-custodial disclaimers, an NFT or marketplace product needs DMCA and user-content terms, a token needs securities framing.
- Does the company ever hold or control user assets? This is the single most important disclosure. Non-custodial means the user alone controls keys and funds; custodial triggers money-transmission, safeguarding, segregation, and insolvency-treatment obligations.
- Which blockchain networks does the Service support? We name the supported networks so users know where transactions settle and so the wrong-network irreversibility warning is concrete.
- Does the Service offer fiat on-ramp or off-ramp (buy/sell for dollars)? Fiat ramps usually run through a licensed third-party processor and pull in KYC, Bank Secrecy Act, and Travel Rule obligations. If yes, we add a ramp clause and reference the money-services framing.
- Does the Service ever distribute airdrops, rewards, points, or incentives? If you distribute airdrops or rewards we add a discretionary, no-entitlement, no-guaranteed-value clause with eligibility and clawback reservations.
- Is there a native token associated with the product? If the product issues or distributes its own token, we add token-specific risk, utility, and no-investment-expectation language.
- What is the token's name and ticker? Named in the token disclosures and utility statement.
- How is the token intended to be used, and what is it NOT? We state the token's utility function and expressly disclaim any profit expectation, dividend, or equity right, central to the Howey-risk posture.
- Will EU or UK residents be able to access the Service? If you offer the Service to EU or UK users, we add a non-U.S. regulatory overlay: EU Markets in Crypto-Assets (MiCA) crypto-asset-service-provider disclosures and UK FCA cryptoasset financial-promotion risk language.
- Which U.S. state's law governs these Terms? Sets the governing-law clause and informs the arbitration/venue framing.
- How should disputes be resolved? Crypto terms almost always use binding arbitration with a class-action waiver preceded by an informal-resolution step; some prefer courts. This drives the entire dispute-resolution section.
- Which arbitration provider and rules? Names the administering body and rule set the arbitration clause incorporates, including its mass-arbitration or multiple-consumer-case protocol.
- What is the seat (legal place) of arbitration? Sets the seat and hearing locale for arbitration. Usually the county and state tied to your governing law or principal place of business.
- If courts, which courts have exclusive jurisdiction? Names the state/federal courts and county for venue.
- Which jurisdictions are blocked from using the service? Geo-gating and sanctions compliance is what regulators expect. We list comprehensively-sanctioned regions and any others you restrict.
- Are U.S. persons restricted from any features? Some token sales or high-risk features exclude U.S. persons for securities reasons. If yes, we add a U.S.-person exclusion.
- What is the minimum age to use the service? Sets the eligibility age representation. Typically 18.
- Do users go through identity verification (KYC/AML)? If the product collects identity data or screens users, we add KYC/AML cooperation, Travel Rule information-collection, and Bank Secrecy Act framing.
- What fees does the company charge, if any? We describe protocol/interface fees and make clear that network gas fees are separate and non-refundable.
- Does the interface connect to third-party smart contracts or protocols? If the app is a front-end to protocols you don't control, we disclaim responsibility for that third-party code and its risks.
- What should the liability cap be? Sets the ceiling on the company's aggregate liability. Crypto terms often cap at fees paid or a nominal figure like $100.
- Where is the Privacy Policy located? Referenced in the data section so the Terms and privacy notice cross-reference cleanly.
- What is the effective date of these Terms? Appears in the header and the version/effective-date line.