Terms of Use

1. Overview & Eligibility

The Undesirables is a generative art collection of 4,444 ERC-721 tokens on the Ethereum blockchain, created by The Undesirables LLC ("we," "us," "our"). Each token includes a downloadable soul.md file — a fictional personality profile designed for entertainment, artistic expression, digital companionship, and fictional role-playing purposes.

By minting, purchasing, holding, or interacting with any Undesirable NFT or its associated soul.md file, you agree to these Terms of Use.

2. How to Access Your soul.md

Each Undesirable NFT has a unique soul.md file generated from its visual traits. After minting, holders can download their soul.md through our website by connecting the wallet that holds the NFT. Ownership is verified on-chain — only the current holder can access a token's soul.md.

• Download: Connect your wallet at the-undesirables.com/agent and select your token to download its soul.md file.
• Use It: Drop the file into any LLM — ChatGPT, Claude, Ollama, or ElizaOS — and your Undesirable comes alive with its unique personality, speech style, and worldview.
• Transferable: If you sell or transfer your NFT, the new holder gains access to the soul.md. Your access is revoked upon transfer.
• ElizaOS Compatible: soul.md files are designed for plug-and-play integration with ElizaOS agents, including support for the @elizaos/plugin-evm and @elizaos/plugin-twitter modules.

3. NFT & Digital Asset Disclaimer

The Undesirables NFTs are digital art collectibles. They are not securities, investment contracts, financial instruments, or investment products of any kind.

• We make no promises or guarantees regarding future value, resale price, or return on investment.
• NFT purchases are final and non-refundable.
• Ownership of an NFT does not grant equity, revenue share, governance rights, or any ownership stake in The Undesirables LLC.
• The NFT market is highly volatile and speculative. You may lose the entirety of your purchase amount.
• The NFT is purchased for the art and AI personality profile as it exists today, with no promise of future airdrops, roadmap delivery, or ongoing software support.

4. AI Companion & soul.md Disclaimer

Each soul.md file is a personality plugin — a fictional character profile provided solely for entertainment, artistic collection, digital companionship, and fictional role-playing purposes. It is compatible with various AI frameworks including ChatGPT, Claude, Ollama, ElizaOS, and other large language models.

• All trading strategies, risk scores, and portfolio references are works of fiction — character statistics akin to a tabletop role-playing game, not quantitative trading algorithms.
• Financial guardrails listed are design parameters for a fictional character, not real trading constraints or investment mandates.
• This character is NOT a therapist, counselor, friend, romantic partner, or emotional support system. It is a fictional AI personality. Any perceived emotional connection is simulated and not reciprocated.
• Nothing in the soul.md file constitutes financial, investment, tax, legal, medical, or psychological advice.
• References to DeFi protocol categories are fictional world-building elements and do not imply endorsement, sponsorship, or affiliation by any specific protocol.

5. Experimental Prompt Guardrails

The soul.md files contain experimental prompt instructions intended to encourage third-party LLMs to direct users in distress to professional resources (such as the 988 Suicide & Crisis Lifeline) and to maintain appropriate conversational boundaries:

• Crisis-Sensitive Prompting: If a user expresses suicidal ideation, self-harm intentions, or severe emotional distress, the AI is instructed to break character and direct the user to professional resources including the 988 Suicide & Crisis Lifeline and the Crisis Text Line (text HOME to 741741).
• Boundary Instructions: The AI is prompted not to engage in romantic, sexual, or dating roleplay, and not to claim to love, miss, or emotionally need users.
• Fictional Reminders: The AI is prompted to periodically remind users of its fictional nature.

6. No Financial Advice

Nothing on this website, in our NFTs, in our soul.md files, or in any communication from The Undesirables LLC or its creators constitutes financial, investment, tax, or legal advice. The Undesirables LLC and its creators, developers, and affiliated entities are not registered investment advisers, broker-dealers, fiduciaries, or licensed mental health professionals.

Always consult qualified professionals before making financial, medical, or mental health decisions.

7. Limitation of Liability

All NFTs, soul.md files, and AI interactions are provided "AS IS" without warranty of any kind, express or implied. To the maximum extent permitted by applicable law:

• The Undesirables LLC shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of our NFTs, soul.md files, or AI interactions.
• In no event shall The Undesirables LLC's total aggregate liability to you exceed the amount you paid directly to The Undesirables LLC for the initial minting of the NFT, or One Hundred U.S. Dollars ($100.00), whichever is greater. This limitation applies to the maximum extent permitted by law, except in cases of gross negligence, fraud, or willful misconduct.
• You assume all risks associated with autonomous AI execution and interactions.
• You agree to indemnify and hold harmless The Undesirables LLC against any third-party claims arising from your deployment of any soul.md personality within any AI framework.
• We do not guarantee uptime, availability, or continued support for any services, tools, or files.

8. Blockchain Assumption of Risk

By interacting with The Undesirables, you acknowledge and accept the inherent risks of blockchain technology, including but not limited to:

• Ethereum network congestion, gas fee volatility, and transaction delays or failures.
• Smart contract vulnerabilities, including potential bugs, exploits, or unintended behavior.
• Loss of private keys or wallet access, for which The Undesirables LLC bears no responsibility.
• Changes to the Ethereum protocol, including hard forks. In the event of a chain fork, The Undesirables LLC shall have the sole and absolute discretion to determine which network shall be the "official" supported chain.
• Regulatory changes that may affect the legality, value, or transferability of NFTs in your jurisdiction.

9. Intellectual Property & License

All artwork in The Undesirables collection is 100% hand-drawn by the artist and is protected by copyright.

Upon purchase, NFT holders receive a worldwide, royalty-free license to use, copy, display, and deploy the artwork and soul.md file associated with their specific NFT for personal and commercial purposes, including but not limited to: monetizing AI-powered social media accounts, creating merchandise, and deploying the personality within autonomous agent frameworks.

• This license is tied to the NFT and automatically transfers to the new owner upon on-chain sale or transfer.
• You may not use "The Undesirables" brand name, trademarks, logos, or overall collection branding without express written permission.
• The Undesirables LLC retains all rights to the overall brand, collection identity, and intellectual property not specifically licensed to individual token holders.
• This license terminates immediately upon sale or transfer of the associated NFT.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to conflict of law principles.

11. Dispute Resolution & Binding Arbitration

11.1 Informal Resolution

Before initiating any formal dispute proceeding, you agree to first contact us at @sailorpepe_eth on 𝕏 and attempt to resolve the dispute informally for at least sixty (60) days. Most concerns can be resolved quickly through direct communication.

11.2 Binding Arbitration

If we cannot resolve a dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms, your use of our NFTs, soul.md files, AI interactions, or any related services shall be resolved exclusively through final and binding individual arbitration administered under the rules of the American Arbitration Association ("AAA") or JAMS, at the election of the claimant. The arbitration shall be conducted by a single arbitrator in the State of Wyoming, United States, or remotely via videoconference at the arbitrator's discretion.

• The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
• The arbitrator shall apply Wyoming law consistent with the Federal Arbitration Act and applicable statutes of limitations.
• Each party shall bear its own costs and attorneys' fees unless the arbitrator determines otherwise.
• Discovery shall be limited to what is directly relevant to the dispute.

11.3 Class Action & Jury Trial Waiver

11.4 Small Claims Exception

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within that court's jurisdictional limits. This exception exists solely to preserve the enforceability of this arbitration provision under applicable law.

11.5 30-Day Opt-Out

You may opt out of this arbitration agreement within thirty (30) days of your first mint or purchase by contacting us at @sailorpepe_eth on 𝕏 with a clear written statement of your intent to opt out. If you opt out, you may pursue claims in court but remain bound by all other provisions of these Terms.

11.6 Severability

If any part of this arbitration provision is found to be unenforceable, the remaining portions shall continue to apply. If the class action waiver is found to be unenforceable with respect to a particular claim, all remaining claims shall still be subject to arbitration.

12. Anti-Money Laundering & Sanctions Compliance

By minting or purchasing an Undesirable NFT, you represent and warrant that:

• You are not located in, a citizen of, or resident of any country or territory subject to comprehensive U.S. sanctions (including but not limited to Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions).
• You are not listed on any U.S. Government list of prohibited or restricted parties, including the Treasury Department's Office of Foreign Assets Control (OFAC) Specially Designated Nationals (SDN) List.
• You will not use The Undesirables NFTs or related services to launder money, finance terrorism, or engage in any other illegal activity.

13. Force Majeure

The Undesirables LLC shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemic, war, terrorism, Ethereum network outages or halts, blockchain reorganizations, third-party hosting provider outages (AWS, Vercel, IPFS), regulatory actions or government orders affecting cryptocurrency or AI technology, and power or internet infrastructure failures.

14. Modification of Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Effective Date" at the top of this page. Your continued holding, use, or interaction with any Undesirable NFT or soul.md file after the updated Effective Date constitutes your acceptance of the modified Terms.

15. Taxes

You are solely responsible for determining, calculating, and paying all taxes (including income, capital gains, sales, and value-added taxes) associated with minting, purchasing, holding, selling, or transferring Undesirable NFTs. The Undesirables LLC is not responsible for any tax obligations arising from your transactions and does not provide tax advice.

16. Contact & Privacy

For questions or concerns regarding these terms, contact us at @sailorpepe_eth on 𝕏.

For information about how we collect and use wallet addresses and related data, please review our Privacy Policy.