Berabucks

BeraBucks Terms of Use

Effective Date: November 1, 2024

These Terms of Use (this "Agreement") explain the terms and conditions by which you may access and use the products provided to you by BBucks Labs, Inc. (referred to herein as "BeraBucks", "we", "our", or "us") (collectively, the “Products”). The Products shall include, but shall not necessarily be limited to, a website-hosted user interface at www.berabucks.com and any other website, web application, or mobile application exclusively controlled and operated by us (the "Websites"), and any other products and services, including applications developed or operated by third parties, that are listed in Section 1 of this Agreement or are otherwise linked to this Agreement (collectively, the “Products”). You must read this Agreement carefully as it governs your use of the Products. By accessing or using any of the Products, you agree that you have read, understand, and agree to be bound by this Agreement and the Privacy Policy available at www.berbucks.com/privacypolicy. If you do not agree, you are not authorized to access or use any of the Products and should not use the Products.

To access or use any of the Products, you must be able to form a legally binding contract with us. Accordingly, you represent that you are at least the age of majority in your jurisdiction (e.g., 18 years old in the Cayman Islands) and have the full right, power, and authority to enter into and comply with the terms and conditions of this Agreement on behalf of yourself and any company or legal entity for which you may access or use the Products. If you are entering into this Agreement on behalf of an entity, you represent to us that you have the legal authority to bind such entity.
You further represent that you are not (a) the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including but not limited to the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury) or (b) a citizen, resident, or organized in a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions by the United States, United Kingdom, European Union or United Nations. Finally, you represent that your access and use of any of our Products will fully comply with all applicable laws and regulations, and that you will not access or use any of our Products to conduct, promote, or otherwise facilitate any illegal activity.
Please note that this Agreement contains important information, including a binding arbitration provision and a class action waiver, both of which impact your rights as to how disputes are resolved. Our Products are only available to you — and you should only access any of our Products — if you agree completely with the terms of this Agreement.

1. Products

1.1 The Interface
The interface provides a web or mobile-based means of access to a protocol of applications on a public blockchain like Ethereum or Berachain (the "Protocol"), that allows users to use the Products (the “Interface”).
The Interface is distinct from the Protocol and is one, but not the exclusive, means of accessing the Protocol. BeraBucks does not control or operate any blockchain network. By using the Interface, you understand that you are not buying or selling digital assets from us and that we do not operate any liquidity pools on the Protocol or control trade execution on the Protocol.

To access the Interface, you must use a digital wallet, which allows you to interact with the Protocol. Your relationship with that digital wallet provider is governed by the applicable terms of service of such provider (with respect to the BeraBucks Wallet, this Agreement, and with respect to a third party wallet, the applicable terms of service of such third party). We do not have custody or control over the contents of your digital wallet and have no ability to retrieve or transfer its contents. By connecting your digital wallet to our Interface, you agree to be bound by this Agreement and all of the terms incorporated herein by reference.

1.2. BattleBucks
BattleBucks is a quest and rewards software utilized by various third parties companies. You are responsible for your use of and participation in any activities BattleBucks is used for by third parties, including the terms of use such third parties require you to review and accept prior to your use of and participation in such activities.

1.3. BuckID
BuckID is a decentralized identity solution that enables users to maintain a unified digital identity and consistent experience across the Products and other gaming platforms. Your BuckID username and profile information, including your bio, profile picture, linked social media accounts and transaction history will be public and accessible by anyone. You may claim a limited number of usernames per device. You may not select a username that misappropriates or infringes the intellectual property rights of others, and you may not impersonate another person or entity. Purchasing, selling or renting a username or profile is strictly prohibited. Username squatting is also prohibited and may result in reassignment of a username. You also understand and agree that if you change your username, your old username may no longer be available. We reserve the right to revoke access to your username at our discretion without notice. Access to your username may be revoked if you violate these terms, violate the law, or engage in behavior that harms our service. We may also revoke your username to comply with a legal requirement or court order.

1.4. BuckPoints
BuckPoints is a quest-based program that allows you to discover and engage with new games and earn rewards for doing so.

1.5. BuckStream
BuckStream is a crypto-native incentivization platform for video content, enabling you to earn crypto-native rewards for viewing and/or live-streaming video content.

1.6. BuckSDK
BuckSDK is a software development kit utilized by game developers to verify and reward you for your in-game activity, including bug reporting.
We may from time to time in the future provide access to additional products, and such additional products shall be considered Products as used herein, regardless of whether such products are specifically defined in this Agreement.

2. Using Our Products

2.1. Important Disclaimer
We are not a broker, financial institution, creditor, borrower, agent, or provide any financial services, products or advice. As with any financial or investment decisions, you should conduct your own research and due diligence investigation, to properly evaluate the benefits and risks of any investment or financial transaction. You should also seek the advice and guidance of qualified accountants, financial advisors, tax advisors, legal counsels and investment advisors, in connection with any investment or financial transaction.

2.2. Products User
By using any of the Products you are a product user (“Product User”). By becoming a Product User, you agree: (a) to provide accurate, current and complete information about yourself; (b) to maintain and promptly update from time to time as necessary your information; (c) to immediately notify us if you discover or otherwise suspect any security breaches related to the Products; (d) that you are fully responsible for all activity in connection with the Products that occurs under your email and password combination, and (e) to comply with all applicable laws in connection with your use of the Products. We may, at any time in our sole discretion, refuse to allow you to become a Product User, or limit the number of User Accounts that you may associate with the Products, or suspend or terminate any Product User or User Account, including access to our Products.

You also agree that you will not:

  1. Use the Products under a different digital wallet address, email address or other identifier if we’ve disabled access for you under a different digital wallet address, email address or other identifier, unless you have our written permission first;

  2. Buy, sell, rent or lease access to your digital wallet (as defined below) to any third party, unless you have our written permission first; or

  3. Use or access the Products through any unauthorized third party application(s) or client(s), or to disclose or share your User Account information such as your email password, private keys or other sensitive information with any other person.

5.1. User Accounts

In order to access certain functions, Product Users may need to create a user account (“User Account”) with us. In order to create a User Account, you may be required to provide additional information, such as your name, email address, username, digital wallet address, and other information as required by us.

5.2. Account Communication
By becoming a Product User, you consent to receive electronic communications from us (e.g., via email, push notification, or by posting notices to the Products, etc.). These communications may include notices about your use of the Products (e.g., email changes and/or other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.

5.3. Account Verification, Additional Information and Risk Assessment
We may require you to provide additional information and documents at the request of any competent authority or in case of application of any applicable law or regulation, including laws related to anti-money laundering, sanctions, embargoes, counteracting the financing of terrorism, and other applicable laws. We may also require you to provide additional information and/or documents in cases where it has reason to believe that:

  • Your use of the Products is related to money laundering or any other illegal or illicit activity;

  • You have concealed or reported false identification information and/or other details;

  • Your activities in connection with the Products violated applicable laws;

  • Such information and/or documents are required to protect the rights of BeraBucks or those of third parties; or

  • Transactions effected via your User Account were effected in breach of this Agreement.

In such cases, BeraBucks, in its sole discretion, may pause or cancel your access to any or all Products until such additional information and/or documents are reviewed by us and accepted as satisfying the requirements of applicable law. If you do not provide complete and accurate information and documents in response to such a request, BeraBucks, in its sole discretion, may refuse to provide the Products to you.

We may also deny, in its sole discretion, any person or address access to the Products, including based on data from a screening service provider, which indicates that such person or address may present heightened risks, including those associated with the risk-exposure categories outlined in subsection (a) below.

If you create or provide a wallet address in connection with use of the Products:

(a) You agree and acknowledge that your address may be screened for threshold transactions between your address and another address associated with the following risk-exposure categories: Sanctioned Entity, Terrorist Financing, Sanctioned Jurisdiction, Child Abuse Material, Special Measures, Darknet Markets, Fraud Shop, Illicit Actor-Org, Malware, Mixing, Ransomware, Scam, Stolen Funds, and No KYC Exchange.

(b) You agree and acknowledge that your address may be screened for geo-location purposes, including to detect whether you may be in a (a) comprehensively Sanctioned Jurisdiction; (b) jurisdiction subject to heightened sanctions risks enforced by certain countries, governments, or international authorities; or (c) jurisdiction otherwise considered high risk.

(c) You agree and acknowledge that we may conduct Know Your Customer (“KYC”) checks and other due diligence procedures on you, including but not limited to verifying your identity, assessing the risk associated with your activities, and ensuring compliance with applicable laws and regulations. Such KYC checks may be conducted prior to the commencement of Products or at any time during the term of this Agreement.

6. Access through Third Party Partners

We make certain Products, including access to our APIs, liquidity services, and data, accessible or usable through interfaces, products or services provided by certain third party partners, such as exchanges and trading platforms (each a “Third Party Partners”). You agree that your use of the Products through an interface, product or service provided by one of our Third Party Partners is nonetheless still subject to the terms and conditions of this Agreement.

7. Third Party Services and Content

The Products include integrations, links or other access to third party services, sites, technology, content and resources (each a “Third-Party Service”). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. You, and not BeraBucks, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. BeraBucks enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Products are between you and the third party. BeraBucks will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.
Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy www.berbucks.com/privacypolicy. For more information about the implications of activating Third-Party Services and our use, storage and disclosure of information related to you and your use of such Third-Party Services within the Products, please see our Privacy Policy www.berbucks.com/privacypolicy. BeraBucks has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services.

8. Modifications of this Agreement or the Products

8.1. Modifications of this Agreement
We reserve the right, in our sole discretion, to modify this Agreement from time to time. If we make any material modifications, we will notify you by updating the date at the top of the Agreement and by maintaining a current version of this Agreement at [website address]. All modifications will be effective when they are posted, and your continued accessing or use of any of the Products will serve as confirmation of your acceptance of those modifications. If you do not agree with any modifications to this Agreement, you must immediately stop accessing and using all of our Products.

8.2. Modifications of the Products
We reserve the following rights, which do not constitute obligations of ours: (a) with or without notice to you, to modify, substitute, eliminate or add to any of the Products; (b) to review, modify, filter, disable, delete and remove any and all content and information from any of the Products.

9. Intellectual Property Rights

9.1. IP Rights

We own all intellectual property and other rights in each of the Products and its respective contents, including, but not limited to, software, text, images, trademarks, service marks, copyrights, patents, designs, and its "look and feel." Subject to the terms of this Agreement, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Products solely in accordance with this Agreement. You agree that you will not use, modify, distribute, tamper with, reverse engineer, disassemble or decompile any of the Products for any purpose other than as expressly permitted pursuant to this Agreement. Except as set forth in this Agreement, we grant you no rights to any of the Products, including any intellectual property rights.

You understand and acknowledge that the Protocol is not a Product and we do not control the Protocol.

By using any of the Products, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you post on or through any of the Products for our current and future business purposes, including to provide, promote, and improve the services. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon any suggestions or feedback for any purpose.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any material that you list, post, promote, or display on or through any of the Products. You represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant us the license described above, and that the content does not violate any laws.

9.2. IP Infringement Complaints
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. We, in appropriate circumstances, may remove from the Products information that might infringe the intellectual property rights of others. If you believe that intellectual property rights are being infringed upon, please notify us at legal@berabucks.com.
Third-Party Resources and Promotions
The Products may contain references or links to third-party resources, including, but not limited to, information, materials, products, or services, that we do not own or control. In addition, third parties may offer promotions related to your access and use of the Products. We do not approve, monitor, endorse, warrant or assume any responsibility for any such resources or promotions. If you access any such resources or participate in any such promotions, you do so at your own risk, and you understand that this Agreement does not apply to your dealings or relationships with any third parties. You expressly relieve us of any and all liability arising from your use of any such resources or participation in any such promotions.

9.3. Additional Rights
We reserve the right to cooperate with any law enforcement, court or government investigation or order or third party requesting or directing that we disclose information or content or information that you provide.

10. Your Responsibilities

10.1. Prohibited Activity
You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activity in relation to your access and use of the Interface:

  • Intellectual Property Infringement. Activity that infringes on or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under the law.

  • Cyberattack. Activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including, but not limited to, the deployment of viruses and denial of service attacks.

  • Fraud and Misrepresentation. Activity that seeks to defraud us or any other person or entity, including, but not limited to, providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another.

  • Market Manipulation. Activity that violates any applicable law, rule, or regulation concerning the integrity of trading markets, including, but not limited to, the manipulative tactics commonly known as "rug pulls", pumping and dumping, and wash trading.

  • Securities and Derivatives Violations. Activity that violates any applicable law, rule, or regulation concerning the trading of securities or derivatives, including, but not limited to, the unregistered offering of securities and the offering of leveraged and margined commodity products to retail customers in the United States.

  • Sale of Stolen Property. Buying, selling, or transferring of stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items.

  • Data Mining or Scraping. Activity that involves data mining, robots, scraping, or similar data gathering or extraction methods of content or information from any of our Products.

  • Objectionable Content. Activity that involves soliciting information from anyone under the age of 18 or that is otherwise harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, discriminatory, or otherwise objectionable.

  • Any Other Unlawful Conduct. Activity that violates any applicable law, rule, or regulation of the United States or another relevant jurisdiction, including, but not limited to, the restrictions and regulatory requirements imposed by U.S. law.

10.2. Non-Custodial and No Fiduciary Duties
Each of the Products is a purely non-custodial application, meaning we do not ever have custody, possession, or control of your digital assets at any time. It further means you are solely responsible for the custody of the cryptographic private keys to the digital wallets you hold and you should never share your digital wallet credentials or seed phrase with anyone. We accept no responsibility for, or liability to you, in connection with your use of a digital wallet and make no representations or warranties regarding how any of the Products will operate with any specific digital wallet. Likewise, you are solely responsible for any associated digital wallet and we are not liable for any acts or omissions by you in connection with or as a result of your digital wallet being compromised. For the avoidance of doubt, any references herein to a "digital wallet" shall include the BeraBucks digital wallet.
This Agreement is not intended to, and does not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in this Agreement.

10.3. Compliance and Tax Obligations
One or more of the Products may not be available or appropriate for use in your jurisdiction. By accessing or using any of the Products, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you.
Specifically, your use of the Products or the Protocol may result in various tax consequences, such as income or capital gains tax, value-added tax, goods and services tax, or sales tax in certain jurisdictions.
It is your responsibility to determine whether taxes apply to any transactions you initiate or receive and, if so, to report and/or remit the correct tax to the appropriate tax authority.

10.4. Gas Fees
Blockchain transactions require the payment of transaction fees to the appropriate network ("Gas Fees"). Except as otherwise expressly set forth in the terms of another offer by BeraBucks, you will be solely responsible to pay the Gas Fees for any transaction that you initiate via any of the Products.

10.5. Release of Claims
You expressly agree that you assume all risks in connection with your access and use of any of the Products. You further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of any of the Products. If you are a California resident, you waive the benefits and protections of California Civil Code § 1542, which provides: "[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

11. DISCLAIMERS

11.1. ASSUMPTION OF RISK
BY ACCESSING AND USING ANY OF THE PRODUCTS, YOU REPRESENT THAT YOU ARE FINANCIALLY AND TECHNICALLY SOPHISTICATED ENOUGH TO UNDERSTAND THE INHERENT RISKS ASSOCIATED WITH USING CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS, AND THAT YOU HAVE A WORKING KNOWLEDGE OF THE USAGE AND INTRICACIES OF DIGITAL ASSETS SUCH AS ETHER (ETH), SO-CALLED STABLECOINS, AND OTHER DIGITAL TOKENS SUCH AS THOSE FOLLOWING THE ETHEREUM TOKEN STANDARD (ERC-20).
IN PARTICULAR, YOU UNDERSTAND THAT THE MARKETS FOR THESE DIGITAL ASSETS ARE NASCENT AND HIGHLY VOLATILE DUE TO RISK FACTORS INCLUDING, BUT NOT LIMITED TO, ADOPTION, SPECULATION, TECHNOLOGY, SECURITY, AND REGULATION. YOU UNDERSTAND THAT ANYONE CAN CREATE A TOKEN, INCLUDING FAKE VERSIONS OF EXISTING TOKENS AND TOKENS THAT FALSELY CLAIM TO REPRESENT PROJECTS, AND ACKNOWLEDGE AND ACCEPT THE RISK THAT YOU MAY MISTAKENLY TRADE THOSE OR OTHER TOKENS. SO-CALLED STABLECOINS MAY NOT BE AS STABLE AS THEY PURPORT TO BE, MAY NOT BE FULLY OR ADEQUATELY COLLATERALIZED, AND MAY BE SUBJECT TO PANICS AND RUNS.
FURTHER, YOU UNDERSTAND THAT SMART CONTRACT TRANSACTIONS AUTOMATICALLY EXECUTE AND SETTLE, AND THAT BLOCKCHAIN-BASED TRANSACTIONS ARE IRREVERSIBLE WHEN CONFIRMED. YOU ACKNOWLEDGE AND ACCEPT THAT THE COST AND SPEED OF TRANSACTING WITH CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS SUCH AS ETHEREUM ARE VARIABLE AND MAY INCREASE DRAMATICALLY AT ANY TIME.
FINALLY, YOU UNDERSTAND THAT WE DO NOT CREATE, OWN, OR OPERATE CROSS-CHAIN BRIDGES AND WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY ABOUT THE SAFETY OR SOUNDNESS OF ANY CROSS-CHAIN BRIDGE, INCLUDING ITS USE FOR BERABUCKS GOVERNANCE.
IN SUMMARY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY OF THESE VARIABLES OR RISKS, DO NOT OWN OR CONTROL THE PROTOCOL, AND CANNOT BE HELD LIABLE FOR ANY RESULTING LOSSES THAT YOU EXPERIENCE WHILE ACCESSING OR USING ANY OF THE PRODUCTS. YOU FURTHER ACKNOWLEDGE THAT THERE IS NO ASSURANCE THAT THE INTERFACE WILL BE AVAILABLE, FUNCTION OR OPERATE AS EXPECTED. YOU MAY NOT RECEIVE ANY REWARDS REGARDLESS OF THE AMOUNT OF TIME, EFFORT, ASSETS OR FUNDS THAT YOU UTILIZE IN CONNECTION WITH ANY SUCH INTERFACE. IN ADDITION, ANY SUCH REWARDS MAY BE SUBJECT TO DEPRECIATION, HACKS, FRAUD, LOSSES (INCLUDING A TOTAL LOSS) OR OTHER DAMAGES. ACCORDINGLY, YOU UNDERSTAND AND AGREE TO ASSUME FULL RESPONSIBILITY FOR ALL OF THE RISKS OF ACCESSING AND USING THE INTERFACE TO INTERACT WITH THE PROTOCOL.

11.2. NO WARRANTIES
EACH OF THE PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF EACH OF OUR PRODUCTS IS AT YOUR OWN RISK. WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO ANY OF THE PRODUCTS WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR SECURE; THAT THE INFORMATION CONTAINED IN ANY OF THE PRODUCTS WILL BE ACCURATE, RELIABLE, COMPLETE, OR CURRENT; OR THAT ANY OF THE PRODUCTS WILL BE FREE FROM ERRORS, DEFECTS, VIRUSES, OR OTHER HARMFUL ELEMENTS. NO ADVICE, INFORMATION, OR STATEMENT THAT WE MAKE SHOULD BE TREATED AS CREATING ANY WARRANTY CONCERNING ANY OF THE PRODUCTS. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY ADVERTISEMENTS, OFFERS, OR STATEMENTS MADE BY THIRD PARTIES CONCERNING ANY OF THE PRODUCTS.
SIMILARLY, THE PROTOCOL IS PROVIDED "AS IS", AT YOUR OWN RISK, AND WITHOUT WARRANTIES OF ANY KIND. WE DO NOT PROVIDE, OWN, OR CONTROL THE PROTOCOL, WHICH IS RUN AUTONOMOUSLY WITHOUT ANY HEADCOUNT BY SMART CONTRACTS DEPLOYED ON VARIOUS BLOCKCHAINS. NO DEVELOPER OR ENTITY INVOLVED IN CREATING THE PROTOCOL WILL BE LIABLE FOR ANY CLAIMS OR DAMAGES WHATSOEVER ASSOCIATED WITH YOUR USE, INABILITY TO USE, OR YOUR INTERACTION WITH OTHER USERS OF, THE PROTOCOL, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, CRYPTOCURRENCIES, TOKENS, OR ANYTHING ELSE OF VALUE. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY ADVERTISEMENTS, OFFERS, OR STATEMENTS MADE BY THIRD PARTIES CONCERNING ANY OF THE PRODUCTS.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF ANY DIGITAL ASSETS, WHETHER IN CONNECTION WITH YOUR DIGITAL WALLET OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS, PRIVATE KEYS OR SEED PHRASES, INCORRECTLY CONSTRUCTED TRANSACTIONS OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED DIGITAL WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; OR (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICES OR ANY DIGITAL ASSET(S).
ANY PAYMENTS OR FINANCIAL TRANSACTIONS THAT YOU ENGAGE IN WILL BE PROCESSED VIA AUTOMATED SMART CONTRACTS. ONCE EXECUTED, WE HAVE NO CONTROL OVER THESE PAYMENTS OR TRANSACTIONS, NOR DO WE HAVE THE ABILITY TO REVERSE ANY PAYMENTS OR TRANSACTIONS.
WE ARE NOT RESPONSIBLE FOR ANY LOSSES DUE TO VULNERABILITY OF ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF ANY SOFTWARE (E.G., DIGITAL WALLET, “SMART CONTRACT,” ETC.), BLOCKCHAIN(S) OR ANY OTHER FEATURE(S) OF THE PRODUCTS.

11.3. NO INVESTMENT ADVICE
ALL INFORMATION PROVIDED BY ANY OF THE PRODUCTS IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS INVESTMENT ADVICE OR A RECOMMENDATION THAT A PARTICULAR TOKEN IS A SAFE OR SOUND INVESTMENT. YOU SHOULD NOT TAKE, OR REFRAIN FROM TAKING, ANY ACTION BASED ON ANY INFORMATION CONTAINED IN ANY OF THE PRODUCTS. BY PROVIDING TOKEN INFORMATION FOR YOUR CONVENIENCE, WE DO NOT MAKE ANY INVESTMENT RECOMMENDATIONS TO YOU OR OPINE ON THE MERITS OF ANY TRANSACTION OR OPPORTUNITY. YOU ALONE ARE RESPONSIBLE FOR DETERMINING WHETHER ANY INVESTMENT, INVESTMENT STRATEGY OR RELATED TRANSACTION IS APPROPRIATE FOR YOU BASED ON YOUR PERSONAL INVESTMENT OBJECTIVES, FINANCIAL CIRCUMSTANCES, AND RISK TOLERANCE.

12. Indemnification

You agree to hold harmless, release, defend, and indemnify BeraBucks, our affiliates and our and our affiliates' respective officers, directors, employees, contractors, agents, service providers, licensors, and representatives (collectively, the "BeraBucks Parties") from and against all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from or relating to: (a) your access and use of any of the Products; (b) your violation of any term or condition of this Agreement, the right of any third party, or any other applicable law, rule, or regulation; (c) any other party's access and use of any of the Products with your assistance or using any device or account that you own or control; and (d) any dispute between you and (i) any other user of any of the Products or (ii) any of your own customers or users. We will provide notice to you of any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting our defense of such matter. You may not settle or compromise any claim against any BeraBucks Party without our written consent.

13. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF BERABUCKS PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE PROPERTY, ARISING OUT OF OR RELATING TO ANY ACCESS OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE PRODUCTS, NOR WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF ANY OF THE PRODUCTS OR THE INFORMATION CONTAINED WITHIN IT, WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF ANY OF THE PRODUCTS, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BERABUCKS HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ANY ACCESS OR USE OF THE INTERFACE; (C) UNAUTHORIZED ACCESS OR USE OF ANY SECURE SERVER OR DATABASE IN OUR CONTROL, OR THE USE OF ANY INFORMATION OR DATA STORED THEREIN; (D) INTERRUPTION OR CESSATION OF FUNCTION RELATED TO ANY OF THE PRODUCTS; (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE INTERFACE; (F) ERRORS OR OMISSIONS IN, OR LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF, ANY CONTENT MADE AVAILABLE THROUGH ANY OF THE PRODUCTS; AND (G) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
WE HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY CLAIMS OR DAMAGES THAT MAY ARISE AS A RESULT OF ANY PAYMENTS OR TRANSACTIONS THAT YOU ENGAGE IN VIA ANY OF THE PRODUCTS, OR ANY OTHER PAYMENT OR TRANSACTIONS THAT YOU CONDUCT VIA ANY OF THE PRODUCTS. EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, WE DO NOT PROVIDE REFUNDS FOR ANY PURCHASES THAT YOU MIGHT MAKE ON OR THROUGH ANY OF THE PRODUCTS.
WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ABOUT LINKED THIRD PARTY SERVICES, THE THIRD PARTIES THEY ARE OWNED AND OPERATED BY, THE INFORMATION CONTAINED ON THEM, ASSETS AVAILABLE THROUGH THEM, OR THE SUITABILITY, PRIVACY, OR SECURITY OF THEIR PRODUCTS OR SERVICES. YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING FROM YOUR USE OF THIRD-PARTY SERVICES, THIRD-PARTY WEBSITES, APPLICATIONS, OR RESOURCES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO SOFTWARE, PRODUCTS, SERVICES, AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTIES AND ACCESSED THROUGH ANY OF THE PRODUCTS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTION.
THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

14. Governing Law, Dispute Resolution and Class Action Waivers

14.1. Governing Law
You agree that the laws of the British Virgin Islands, without regard to principles of conflict of laws, govern this Agreement and any dispute between you and us. You further agree that each of the Products shall be deemed to be based solely in the British Virgin Islands, and that although a Product may be available in other jurisdictions, its availability does not give rise to general or specific personal jurisdiction in any forum outside the British Virgin Islands.

14.2. Dispute Resolution
We will use our best efforts to resolve any potential disputes through informal, good faith negotiations. If a potential dispute arises, you must contact us by sending an email to legal@berabucks.com so that we can attempt to resolve it without resorting to formal dispute resolution. If we aren't able to reach an informal resolution within sixty days of your email, then you and we both agree to resolve the potential dispute according to the process set forth below.

Any dispute, controversy, or claim arising out of or relating to this agreement, including any question regarding its breach, existence, validity, or termination, or the legal relationships established by this agreement, or any non-contractual claims (whether in tort or otherwise), shall be referred to and finally determined by arbitration in accordance with the Arbitration Rules of the BVI International Arbitration Centre ("Rules"). The language to be used in the arbitral proceedings shall be English. This arbitration agreement shall be governed by and construed in accordance with the law of the British Virgin Islands.

14.3. Class Action and Jury Trial Waiver
You must bring any and all disputes against us in your individual capacity and not as a plaintiff in or member of any purported class action, collective action, private attorney general action, or other representative proceeding. This provision applies to class arbitration. You and we both agree to waive the right to demand a trial by jury.

15. Miscellaneous

15.1. Entire Agreement
This Agreement constitutes the entire agreement between you and us with respect to the subject matter hereof. This Agreement supersedes any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of the terms.

15.2. Assignment
You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this Agreement without our prior written consent shall be null and void. We may freely assign or transfer this Agreement. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

15.3. Rewards
In connection with your historic or current use of one or more of the Products, one or more Products, such as BuckPoints, may provide you certain incentives, prizes or rewards, or reward points for completing certain activities, such as taking certain actions or completing a certain transactions ("User Rewards").[a][b] Details regarding the criteria for earning or redeeming User Rewards will be described within the applicable Product information or documentation. The availability, distribution, or redemption of User Rewards may now or in the future be restricted, modified, or limited to support compliance with applicable laws and regulations in relevant jurisdictions. Such restrictions may also be implemented in connection with measures aimed at mitigating regulatory, legal, or operational risks, or to promote adherence to evolving understandings of regulatory standards. These changes may be made at our discretion and could impact the criteria, timing, or availability of User Rewards without prior notice. We reserve the right to change, modify, discontinue or cancel any rewards programs (including the frequency and criteria for earning such User Rewards), at any time and without notice to you[c]. You may also receive rewards or incentives from third parties in connection with your use of our Products or for unrelated reasons determined by such third parties. These may include rewards deposited directly into a wallet that we do not control. Additionally, the availability, distribution, or redemption of User Rewards may now or in the future be restricted, modified, or limited to support compliance with applicable laws and regulations in relevant jurisdictions. Such restrictions may also be implemented in connection with measures aimed at mitigating regulatory, legal, or operational risks, or to promote adherence to evolving regulatory standards. These adjustments may be made at our discretion and could impact the criteria, timing, or availability of User Rewards without prior notice.

15.4. Not Registered with the SEC or Any Other Agency
We are not registered with the U.S. Securities and Exchange Commission as a national securities exchange or in any other capacity. You understand and acknowledge that we do not broker trading orders on your behalf. We also do not facilitate the execution or settlement of your trades, which occur entirely on public distributed blockchains like Ethereum or Berachain.

15.5. Notice
We may provide any notice to you under this Agreement using commercially reasonable means, including using public communication channels. Notices we provide by using public communication channels will be effective upon posting.

15.6. Severability
If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.