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📃Terms of Service

These Terms of Service is a legal and binding contract between BANANAGUN LTD, a Bahamian corporation registered on the Public Registry of The Bahamas, its successors and assigns (hereinafter the "Company", “our”, “us” or “we”), and the party or parties (the "User", or “you”) accessing and/or using the Services.

The Terms of Service, together with all other agreements, acknowledgments and authorizations by the User in connection with the use of the Services, including but not limited to the Privacy Policy, which are found on our website (together the “Terms”) represent the terms with which the Company will do business with the User. The Terms set out the respective rights and obligations of both parties in connection with the Services and both parties will accept and be bound by these terms on acceptance of the terms and conditions contained herein.

In consideration of the Company agreeing to provide the Services to you, User agrees that the following rights and obligations will govern the relationship between the Company and User.

PLEASE READ THE TERMS CAREFULLY AS THEY GOVERN YOUR RELATIONSHIP WITH THE COMPANY. IF YOU DISAGREE WITH ANY PART OF THE TERMS THEN YOU SHALL NOT ACCESS ANY SERVICES OFFERED BY OR THROUGH THE COMPANY. THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

BY ACCESSING AND/OR USING THE SERVICES YOU ACKNOWLEDGE THAT (I) YOU HAVE READ AND UNDERSTAND YOUR OBLIGATIONS AND RIGHTS UNDER THE TERMS AND AGREE AND ACKNOWLEDGE THAT THESE TERMS OF SERVICE, THE PRIVACY POLICY WILL COMPRISE THE FULL TERMS AND CONDITIONS OF THE YOUR RELATIONSHIP WITH THE COMPANY; (II) YOU AGREE THAT YOU ARE FULLY RESPONSIBLE FOR MAKING ALL DECISIONS AS TO TRANSACTIONS EFFECTED THROUGH THE SERVICES; (III) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRADING IN VIRTUAL ASSETS AND BOTS; (IV) YOU ASSUME ALL RISKS RELATED TO TRADING IN VIRTUAL ASSETS; (V) THE COMPANY SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES; AND (VI) YOU DECLARE THAT YOU HAVE CONSIDERED THE FOREGOING FACTORS AND IN VIEW OF YOUR PRESENT AND ANTICIPATED FINANCIAL RESOURCES, YOU ARE WILLING AND ABLE TO ASSUME THE SUBSTANTIAL FINANCIAL RISKS OF TRADING VIRTUAL ASSETS AND USING THE SERVICES.

  1. DEFINITIONS AND INTERPRETATION

1.1. Definitions

"Agreement" includes these Terms of Service and all other agreements and authorizations executed by User in connection with the use of the Services.

“Bots” means the Sell Bot and the Sniper Bot.

“Content” means any data or information or documents or images provided by or on the Website, the Bots and its software applications, and any information, documents or images on the Company accounts in any third-party social media platforms, including but not limited to Twitter, Instagram, Telegram, Facebook, Discord, Github, Medium, YouTube, and Reddit.

“Eligible Person” means a Person that is:

  1. if a natural person, at least 18 years old or of legal age to form a binding contract under applicable law;

  2. not a U.S. Person, or domiciled within the jurisdictional limits of the US;

  3. not a resident of The Bahamas;

  4. not physically in any Prohibited Jurisdiction;

  5. not a resident of any Prohibited Jurisdiction;

  6. not a legal person or legal arrangement incorporated, registered or organized under the laws of any Prohibited Jurisdiction;

  7. not by reason of nationality, domicile, citizenship, residence or otherwise subject to the laws of a Prohibited Jurisdiction;

  8. not a politically exposed person; and

  9. not in any trade or economic sanctions lists, including, but not limited to, the UN Security Council Sanctions list, designated as a “Specially Designated National” by OFAC (Office of Foreign Assets Control of the U.S. Treasury Department) or placed on the U.S. Commerce Department’s “Denied Persons List”, or any other trade or economic sanctions list of the United States of America, Canada, the United Kingdom of Great Britain and Northern Ireland, the European Union, the Republic of Singapore or the Swiss Confederation.

“Intellectual Property Rights” includes, but are not limited to, any registered or unregistered patents, database rights, data protection rights, trademarks, trade secrets, trade names, corporate names, service marks, tag lines and descriptors, domain names, design, structure, layouts, graphical images, typography, color palettes, and copyrightable works, including but not limited to software applications, underlying source code, stationery, signage, promotional items, advertising and marketing materials, press releases, photographs, forms, and electronic media.

“KYC Process” means a due diligence process in line with Know Your Customer, Anti-money Laundering, and Combating the Financing of Terrorism regulations, as may be implemented by the Company from time to time.

“Manual” means the manual of BananaGun available at https://docs.bananagun.io/

“Order” means an order to buy or sell a Virtual Asset placed through or by the Bots;

“Prohibited Activities” means the activities listed in Section 5.5. of these Terms of Service.

“Prohibited Jurisdiction” means (i) the United States, the Province of Ontario of Canada, the People’s Republic of China, Afghanistan, Algeria, Bangladesh, Belarus, Bolivia, Cambodia, Central African Republic, Congo, Democratic Republic of the Congo, Republic of the Cote D'Ivoire, Crimea (a region of Ukraine annexed by the Russian Federation), the self-proclaimed Donetsk People’s Republic (a region of Ukraine), the self-proclaimed Luhansk People’s Republic (a region of Ukraine), Kherson Oblast (a region of Ukraine), Zaporizhzhia Oblast (a region of Ukraine), Cuba, Ecuador, Egypt, Eswatini, Gambia, Iran, Iraq, Liberia, Libya, Malawi, Mali, Moldova, Morocco, Myanmar, Nepal, Niger, North Korea, Pakistan, Palestinian Territory, South Sudan, Sudan, Syria, Venezuela, Vietnam, Yemen, Zambia, Zimbabwe; (ii) any state, country or other jurisdiction that is sanctioned and/or embargoed by the United States of America, the United Nations, the United Kingdom, the European Union and/or Switzerland; (iii) a jurisdiction where it would be illegal according to local law or regulation for you to hold or receive Virtual Assets; or (iv) where the distribution or sale or purchase of Virtual Assets is prohibited or contrary to local law or regulation, or could subject the Company Entities to any local registration, regulatory or licensing requirements.

“Services” means all the services provided by the Company, including but not limited to the Sniper Bot, the Sale Bot, the Website, related websites, the Dapp, hosted software applications, mobile or downloadable software applications, Telegram accounts or Telegram groups, offered by the Company from time to time.

“Sniper Bot” means the computer program developed by the Company that automates the process of sniping, placing a purchase of virtual assets, as further described in the Manual.

“Sell Bot” means the computer program developed by the Company that automates the process of selling virtual assets, as further described in the Manual.

“U.S.” or “US” or “United States” means all states of the United States of America, the District of Columbia; the Commonwealth of Puerto Rico; the U.S. Virgin Islands; Guam; the Commonwealth of the Northern Mariana Islands; and all other territories and possessions of the United States of America.

“U.S. Person” means (i) a U.S. citizen; (ii) a U.S. lawful permanent resident; (iii) a protected individual under section 1324b(a)(3) of the U.S. Immigration and Nationality Act, or individual who holds a passport issued by the United States Government; (iv) a corporation, company, partnership, or other legal entity established or organized in or under the Laws of the United States; (v) an individual, a corporation, company, partnership, or other legal entity which engages in a trade or business in the United States and generates income from sources within the United States connected with the conduct of that trade or business; (vi) any estate of a decedent who was a U.S. citizen or a U.S. lawful permanent resident; or a protected individual under section 1324b(a)(3) of the U.S. Immigration and Nationality Act; (vii) any trust if a court within the United States is able to exercise primary supervision over the administration of the trust, and/or one or more US Persons have the authority to control all substantial decisions of the trust, and/or one or US Persons are designated as settlors, trustees, protectors or beneficiaries; (viii) any Person organized or incorporated outside the United States and the Territory or Insular Possession of the United States in which any of the foregoing, whether singularly or in the aggregate, directly or indirectly holds a 50 percent or greater equity interest by votes or value, holds a majority of seats or memberships on the board of directors of the entity, or authorizes, establishes, directs, or otherwise controls the actions, policies, personnel decisions, or day-to-day operations of the Person; or (ix) any person who is subject to taxes in the US.

"User", or “you” means the party (or parties) who have agreed to be bound by the terms of this Agreement.

“User Content” means any content, feedback, suggestions, ideas, or other information or materials about the Company, or the Services, that you provide to the Company through the Website, Telegram, the Services, or any other means including but not limited to blogs, message boards, forums and messaging applications.

“Virtual Assets'' shall mean encrypted currencies or digital assets or digital tokens or virtual currencies or cryptocurrencies which are based on distributed ledger technology and can be digitally traded, or transferred. For the avoidance of doubt, Bitcoin and Ether are Virtual Assets.

“Wallet” means a Virtual Asset wallet controlled by the User used in connection with the Services.

“Website” means https://bananagun.io

1.2. Interpretation

  1. A reference to:

    1. a clause or section or a schedule is to a clause in or a section in or a schedule to the Agreement;

    2. a person includes a body corporate, an association of persons (whether corporate or not), a trust, governmental or other regulatory body, authority or entity, in each case whether or not having a separate legal personality;

    3. including and similar words do not imply any limitation;

    4. a statute includes references to that statute as amended or replaced from time to time; and

    5. a party is a reference to a party to this Agreement, and includes that party’s permitted successors and permitted assigns.

  2. The headings in this Agreement are for convenience only and have no legal effect.

  3. The singular includes the plural and vice versa.

  4. Agreement

  5. You agree that by accessing and/or using the Services, this Agreement will be legally binding and enforceable against you.

  6. The Company reserves the right, at its sole discretion, to modify or replace this Agreement and the Terms at any time, with or without notice to you. Any such modification will be effective and binding immediately upon public posting or electronic mail letter.

  7. Representations and Warranties

3.1. Representations and Warranties of the User. By accessing and/or using the Services, you represent and warrant that:

  1. you are at least 18 years old or of legal age to form a binding contract under applicable law, are an individual, legal person or other organization with full legal capacity and authority to enter into these Terms;

  2. if you are entering into these Terms on behalf of a legal entity of which you are an employee or agent, you have all necessary rights and authority to bind such legal entity, and (i) you are legally permitted to use the Services in your jurisdiction, and (ii) you are legally permitted to own cryptocurrencies in your jurisdiction;

  3. you are responsible for ensuring compliance with the laws of your jurisdiction and acknowledge that the Company is not liable for your compliance with such laws,

  4. your use of the Services does not constitute a breach of the laws of your jurisdiction;

  5. you understand the inherent risks associated with Virtual Assets, and trading Virtual Assets;

  6. you are knowledgeable, experienced, and sophisticated in using and evaluating blockchain and related technologies and assets. You have conducted your own thorough independent investigation and analysis of the Services and the other matters contemplated by this Agreement, and have not relied upon any information, statement, omission, representation, or warranty, express or implied, written or oral, made by or on behalf of the Company in connection therewith, except as expressly set forth by the Company in this Agreement;

  7. you have a working understanding of the usage of Virtual Assets, smart contract based tokens, and blockchain-based software systems;

  8. you have sufficient investment knowledge and experience and the capacity to take risks arising from trading in Virtual Assets;

  9. you will not carry out any activity that (i) involves proceeds from any illegal or unlawful activity (including money laundering or terrorism financing); or (ii) violates, or could violate, any applicable law;

  10. you will not use, or misuse, the Services in any way which may impair the functionality of the Services, or other systems used to deliver the Services or impair the ability of any other user to use the Services;

  11. you will not transmit or input into the Bots any files that may damage computing devices or software;

  12. you own and have full control of the Wallet you use in connection with the Services;

  13. you are the legal owner (or an authorized agent of the legal owner) of the funds you use for transactions in connection with the Services, and that these funds are derived from a legitimate source;

  14. you are not a U.S. Person.

  15. you are not a resident of The Bahamas.

  16. you are not physically in any Prohibited Jurisdiction.

  17. you are not a resident of any Prohibited Jurisdiction.

  18. you are not a legal person or legal arrangement incorporated, registered or organized under the laws of any Prohibited Jurisdiction.

  19. you are not by reason of your nationality, domicile, citizenship, residence or otherwise subject to the laws of a Prohibited Jurisdiction;

  20. you are not, and have not been involved in a transaction with a person who is, on any trade or economic sanctions lists, including, but not limited to, the UN Security Council Sanctions list, designated as a “Specially Designated National” by OFAC (Office of Foreign Assets Control of the U.S. Treasury Department) or placed on the U.S. Commerce Department’s “Denied Persons List”. The Company maintains the right to restrict or deny conducting transactions in certain countries and/or to certain natural persons and/or juristic persons at its sole discretion.

  21. you are permitted by the laws of your jurisdiction of residence to acquire, receive, trade and hold Virtual Assets generally.

  22. you have had the opportunity to seek legal, accounting and other professional advice regarding these Terms and theServices.

  23. You understand distributed ledger technology, Virtual Assets and cryptographic tokens, and are fully aware of the risks associated with the same.

  24. You are experienced in and fully capable of operating, maintaining and safekeeping a Virtual Asset wallet;

  25. you acknowledge and understand that the Services are not registered with any regulatory body or securities commission, and that the Company is not registered or licensed with any regulator as an investment adviser, broker-dealer, money services business, money transmitter, or virtual currency business. As a result, you will not be afforded the full set of protections provided to the counterparties and customers of such entities.

  26. You understand that nothing in this Agreement should be construed as tax, accounting or legal advice, and that you bear the sole responsibility to determine the tax implications of the transactions that you conduct in connection with the Services.

  27. You bear responsibility to declare, bear and pay all such taxes, duties, imposts, levies, tariffs and surcharges that might be imposed by the laws and regulations of any applicable jurisdiction as a result of or in connection with the transactions arising from the Services.

  28. You represent and warrant that all of the representations and warranties you are making in this Agreement are true and accurate as of the date of acceptance of this Agreement and on any date that you use the Services. If any representations and warranties are not true and accurate prior to acceptance of this Agreement and any of the aforementioned dates, you shall give prompt written notice of this fact to the Company specifying which representations and warranties are not true and accurate and the reasons why they are not. You agree to notify the Company promptly if there is any change with respect to any of the representations and warranties in this Agreement.

  29. You agree on behalf of yourself and your successors and assigns, without further consideration, to prepare, execute, acknowledge, file, record, publish and deliver any other instruments, documents and statements and to take any other actions as the Company may determine to be necessary or appropriate to comply with applicable law and to effectuate and carry out the purposes of this Agreement. You further agree that the Company may terminate this Agreement in its sole discretion, if, among other things, you refuse to comply with this provision.

  30. The Company Entities and their respective officers, directors, principals, members, employees, agents, and other affiliates will be relying on your information, representations, warranties and covenants in this Agreement for many purposes.

3.2. No Representations and Warranties of the Company. The Company Entities do not make any representation or warranty with respect to the Services. The Services will be provided on an "as is" and "as available" basis, without warranty, including but not limited to any warranty of merchantability, any warranty of fitness for a particular purpose, or any warranty regarding their value, technical specifications, performance or function. Further, the Company Entities hereby expressly disclaims responsibility for, and shall in no case be liable for any damage, loss, penalty, cost or expense, whether direct, indirect, incidental, consequential, special, punitive, exemplary or economic (and whether or not caused by negligence) which arises in tort, contract or otherwise, to the fullest extent allowed by applicable law, to any person or entity in connection with:

  1. the Token Holder entering into this Agreement and using the Services in violation of any anti-money laundering, counter-terrorism financing or other regulatory requirements that are imposed in any jurisdiction;

  2. the Token Holder entering into this Agreement and using the Services in violation of or contravention of any representation, warranty, obligation, covenant or other provision of this Agreement;

  3. any unauthorized data interception, interruption, transmission blackout, or delays (due to data volume, server error or otherwise) during the delivery of the Service and placing any Orders;

  4. a delay in transmitting the Orders through the Services;

  5. any loss of Virtual Assets by the User due a failure to (i) safeguard a digital wallet, including the loss, destruction, theft or accidental disclosure of a private key, or (ii) not utilizing proper type or kind of digital wallet as described herein.

  6. Disclaimer

Your access or use of the Services is at your sole risk, and you are solely responsible for any losses, damages or costs resulting from using or accessing the Services. The Services do not constitute investment advice or any marketing, or promotion or offer of any product or investment to you or any third party. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. the Company shall in no event be held liable for any loss or other damages, including but not limited to special, incidental, consequential, or other damages. Without limiting the foregoing, the Company does not represent or warrant that the Services are accurate, complete, reliable, current or error-free, or free of viruses or other harmful components. By accessing and/or using our Services, you agree that the Company shall not have any liability, contingent or otherwise, to you or to any third parties, for the correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, pricing or continued availability of the Services or for delays or omissions of the Services, or for the failure of any connection or communication service to provide or maintain your access to the Services, or for any interruption in or disruption of your access or any erroneous communications between the Company and you, regardless of cause.

  1. General Use, Prohibited Use and Termination

5.1. Limited License. We grant you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services through your Internet compatible devices for your personal/internal purposes subject to the terms of this Agreement, to access and use the Services solely for approved purposes as permitted by the Company from time to time. You hereby agree that when you use the Services, the Company does not transfer the Services or any Intellectual Property Rights to you.

5.2. Accuracy of the Website, and Related Media. Although we intend to provide accurate and timely information, the Content may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our terms, policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on, or provided by, the Bots or otherwise drawn from the Content are your sole responsibility and we shall have no liability for such decisions. Links to unaffiliated third-party materials (including without limitation websites and unaffiliated third parties) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any unaffiliated third-party materials or on any unaffiliated third party sites accessible or linked to the Website or the Services.

5.3. Unaffiliated Third-Party Access. If, to the extent permitted by the Company from time to time, you grant express permission to an unaffiliated third party to access to your Telegram account to use the Services, you acknowledge that granting permission to an unaffiliated third party to take specific actions on your behalf does not relieve you of any of your responsibilities under the Terms. You are fully responsible for all acts or omissions of any unaffiliated third party with access to your Telegram account to use the Services. Further, you acknowledge and agree that you will not hold the Company responsible for, and will indemnify the Company from, any liability arising out of or related to any act or omission of any unaffiliated third party with access to your Telegram account to use the Services.

5.4. Prohibited Use. In connection with your use of the Services, and your interactions with other users, and any unaffiliated third parties, you agree and represent you will not engage in any Prohibited Activities. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel and/or suspend your Account if we determine, in our sole discretion, that your Account is associated with a Prohibited Activity.

5.5. Prohibited Activities. In connection with your access and/or use of the Services, you shall not:

  1. use the Services for resale or commercial purposes, including transactions on behalf of other persons or entities;

  2. violate or assist any party in violating any law, statute, ordinance, regulation or any rule of any self-regulatory or similar organization of which you are or are required to be a member through your access and/or use of the Services;

  3. engage in any trading activity which amounts to or may amount to market abuse including without limitation pumping and dumping, entering fictitious transactions or wash trading, front running, bear raiding or engaging in disorderly market conduct;

  4. place or accept simultaneous buy and sell Orders through the Services that could potentially execute against each other, neither you or in connection with a person known to you;

  5. engage in any trading, practice, or conduct using the Services that is commonly known as "spoofing" (bidding or offering with the intent to cancel the bid or offer before execution).

  6. engage in any money laundering, terrorism financing or fraudulent activity using the Services;

  7. infringe upon our Intellectual Property Rights or any third party’s copyright, patent, trademark, or other intellectual property rights;

  8. take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data or information;

  9. transmit or upload any material to the Services that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs;

  10. attempt to gain unauthorized access to or use of the computer systems connected to the Services;

  11. use any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any part of the properties, or replicate or bypass the software structure of the Services;

  12. probe, scan or test the vulnerabilities of our Services or any network connected to the properties;

  13. provide false, inaccurate, incomplete or misleading information when requested by the Company in connection with your use of the Services;

  14. reverse engineer or disassemble any aspect of the Services in an effort to access any source code, underlying ideas and concepts and algorithms;

  15. transfer any rights granted to you under these Terms; or

  16. engage in any behavior which violates the Terms or is otherwise deemed unacceptable by us in our sole discretion.

5.6. Relationship of the Parties. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause you and the Company to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or the Company to be treated as the agent of the other.

5.7. Password Security; Contact Information. You are responsible for maintaining adequate security and control of any and all user IDs, passwords that you use to access the Services. If you suspect or become aware of any unauthorized use of the Services, you should notify the Company immediately. The Company assumes no liability for any loss or damage arising from the access and/or use of your Account by you or any third party with or without your authorization.

5.8. Taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct in connection with the Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities.

5.9. Termination.

  1. If you violate any provision of these Terms, then your authorization to access and/or use the Services and this Agreement automatically terminates. In addition, the Company may, at its sole discretion, terminate this Agreement or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate this Agreement at any time by contacting the Company.

  2. Upon termination of this Agreement: (i) your license rights will terminate and you must immediately cease all use of the Services; (ii) you will no longer be authorized to access and/or use the Services; (iii) you must pay the Company any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and sections of this Agreement that by the nature should survive, will survive.

  3. Intellectual Property

6.1. All rights reserved. All Intellectual Property Rights relating to the Website, the Content, the User Content, and the Services are the property of the Company. You acknowledge that all Intellectual Property Rights of the Company in the Website, the Content, the User Content, and the Services shall remain the property of the Company.

6.2. No right to use. You are not granted any right to use, and may not use, any of Intellectual Property Rights of the Company other than as set out in these Terms and subject to the following:

  1. you may only view and use the Services, the Website, the Content or the User Content for your own personal use and may not copy, reproduce, republish, upload, repost, modify, transmit, distribute or otherwise use the use the Services, the Website, the Content or the User Content in any way for non-personal, public or commercial use without the prior written consent of the Company;

  2. you may not remove or modify any copyright, trademark or other proprietary notices that have been placed in any part of the Website, the Content, the User Content, and the Services;

  3. you may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, any of the Content or the User Content;

  4. except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission;

  5. in the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made; and

  6. you may not use any data mining, robots or similar data-gathering or extraction methods.

6.3. Proprietary Rights. The Services are owned and operated by the Company. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Services are protected by intellectual property and other laws. All materials included in the Services are the property of the Company or its third-party licensors.

6.4. User Content. By submitting any User Content you warrant that you are entitled to, and have all necessary Intellectual Property Rights of the User Content submitted. We reserve the right to disclose your identity to any third party who claims that any of your User Content constitutes a violation of their Intellectual Property Rights or of their right to privacy. You hereby transfer all rights, ownership and interests of your User Content and all related intellectual property rights to the Company. You have no right and hereby waive any request for acknowledgment or compensation based on any User Content, or any modifications based on any User Content.

  1. General Risk Disclosures

Trading Virtual Assets is risky and you should never trade more than you can afford to lose. The following list of risks associated with Virtual Assets, and the Services is not exhaustive.

  1. Virtual Asset prices are highly volatile and trading in Virtual Assets is extremely risky. In addition, several factors may affect market liquidity for a particular Virtual Asset, such as regulatory activity, market manipulation, the acts or omissions of the issuer of the Virtual Asset, or unexplainable price volatility. By using the Services, you accept the risk of trading Virtual Assets. In entering into any transaction, you represent that you have been, are, and will be solely responsible for making your own independent appraisal into the risks of the transaction and the underlying Virtual Asset.

  2. We do not advise on the merits of any particular Virtual Assets or transactions in Virtual Assets. We do not advise on transactions, or associated risks, or provide any other financial, investment or legal advice in connection with the Services. To the extent that we do provide market or trading data, or make social media posts, the act of doing so is incidental to your relationship with us and such information shall not be considered as investment or financial advice and should not be construed as such. BUYING OR SELLING VIRTUAL ASSETS IS SOLELY THE USER’S DECISION AND WE WILL NOT BE LIABLE FOR ANY CONSEQUENT LOSS.

  3. We do not guarantee continuous, uninterrupted or secure access to any part of the Services, and operation of our Services may be interfered with by numerous factors outside of our control.

  4. The software protocols that underlie Virtual Assets are typically open source projects, which means that (i) the development and control of such Virtual Assets is outside of the Company’s control and (ii) such software protocols are subject to sudden and dramatic changes that might have a significant impact on the availability, usability or value of a given Virtual Asset. You are aware of and accept the risk of operational challenges. the Services may experience sophisticated cyber attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to the Services. You understand that the Services may experience operational issues that lead to delays. You agree to accept the risk of unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks. You agree not to hold the Company accountable for any related losses. You claim full responsibility for monitoring such technological changes and understanding their consequences for your Virtual Assets. Users conduct all trading on their own through their own controlled Wallets and the Company does not take any responsibility for any loss or damage incurred as a result of your access and/or use of the Services or your failure to understand the risks involved associated with Virtual Assets use generally or your use of the Services.

  5. The technology utilized in delivering the Services and transferring any Virtual Assets or the information or works therein depends on public peer-to-peer networks such as distributed ledger technology that are not under the control or influence of the Company and are subject to many risks and uncertainties. The Company may have limited or no ability to change these technologies, other than ceasing to support certain “smart contracts” and adding support for new “smart contracts”. You are solely responsible for the safekeeping of the private key associated with the blockchain address used to access and/or use the Services. The Company will not be able to restore or issue any refunds due to lost private keys. If you are not able to use the Services due to loss or theft of a private key or otherwise, The Company does not guarantee and is not responsible for your ability to exercise their rights with respect to the Virtual Assets.

  6. Blockchain technologies and Virtual Assets are subject to many legal and regulatory uncertainties, and the Services be adversely impacted by one or more regulatory or legal inquiries, actions, suits, investigations, claims, fines or judgments, which could impede or limit your ability to continue the use and enjoyment of such assets and technologies.

  7. Services and Fees

8.1 Eligibility. Accessing and/or using the Services is intended for and extended only to a Person who is an Eligible Person. Accordingly, if you are not an Eligible Person, you are not eligible to access and/or use the Services. If you are not an Eligible Person, or if you are acting on behalf of a Person that is not an Eligible Person, you must not access and/or use the Services.

8.2. Order Execution. Due to network delay, computer system failures and other force majeure, which may lead to delay, suspension or deviation of the Services. The Company shall use commercially reasonable effort to ensure but not promise that the Service execution system runs stably and effectively. The Company does not take any responsibility if the final execution of the trades performed through the Services do not match your expectations due to the above factors.

8.3. Fees.

  1. Accessing and/or using the Services may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are specified Virtual Assets or fiat currency and are non-refundable.

  2. Buying, selling, or transferring Virtual Assets through the Services may be subject to fees, commissions, royalties and other charges including:

    1. standard exchange service fees associated with transactions on the relevant blockchain between Persons (“Exchange Fees”); and

    2. “Gas Fees” paid to Blockchain miners through your Wallet as consideration for processing your transactions (collectively together with the Exchange Fees, the “Transaction Fees”).

The Transaction Fees applicable to any Services, including additional fees or charges, may change with or without advance notice to you.

  1. Fees arising out of the Company providing the Services are set forth on the Website, you agree to pay all applicable non-refundable fees and you authorise the Company to automatically deduct fees directly from the transaction amounts. We may, at our discretion, update the fees at any time.

  2. The Company reserves the right to determine pricing for any of the Services. The Company will make reasonable efforts to keep pricing information published on the Website up to date. The Company may change the fees for any Services, including additional fees or charges, and the Company may give you advance notice of any such changes. The Company, at its sole discretion, may make promotional offers with different features and different pricing to any of the Users. These promotional offers, unless made to you, will not apply to your offer or this Agreement.

  3. The Services may include certain subscription-based plans with automatically recurring payments for periodic charges (“Subscription Service”). The “Subscription Billing Date” is the date when you purchase your first subscription to the Services. The Subscription Service will begin on the Subscription Billing Date and continue for the relevant chosen subscription period (such period, the “Initial Subscription Period”), and will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a “Subscription Period”) unless you cancel the Subscription Service or the Company terminates it. If you activate a Subscription Service, then you authorize the Company to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date. You will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic Subscription Fee to your account. The Company or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your account or that you otherwise provide to us.

8.4. KYC Process. The Company reserves the right to impose requirements to the User for accessing and/or using the Services, including but not limited to the User passing a KYC Process.

8.5. Suspension of Services. The Company reserves the right, in its sole discretion, to reject the provision of the Services to specific Users or to Users in general, at any time and for any reason.

  1. Indemnification

You agree to indemnify and hold the Company, its subsidiaries, affiliates, agents, employees, agents, successors and assigns ("the Company Entities”) harmless from and against any and all liabilities, losses, damages, costs and expenses, including attorney’s fees, incurred by any of the Company Entities arising out of User’s failure to fully and timely perform User’s obligations herein or under any Third Party License or should any of User's representations and warranties fail to be true and correct. You also agree to pay the Company Entities promptly all damages, costs and expenses, including attorney’s fees, incurred in the enforcement of any of the provisions of this Terms and any other agreements between the Company and the User. In addition to any limitations of liability specified elsewhere in these Terms, the Company Entities shall not be held liable and are released from all claims and losses incurred in such regard if the claim or loss was caused or contributed to by:

  1. The actions or omission to act on the part of User;

  2. Any act or omission by any person obtaining access to User's Telegram account, whether or not User has authorized such access or not;

  3. System malfunction, equipment failure (whether User's equipment or the Company’s equipment), system interruption or system unavailability;

  4. Delays, failure or errors in implementing any instruction;

  5. Inaccurate or incomplete instructions received by the Company’s from User, or

  6. Any reliance or use by User or any other third party with access to User's account of any financial and market data, quotes, news, analyst opinions, research reports, graphs or any other data or information whatsoever available through the trading platform or any Third Party License, whether to complete a transaction on the trading platform or for any other purpose whatsoever.

the Company Entities reserve the right to exercise sole control over the defense, at your expense, of any claim subject to indemnification under this section.

  1. Disclaimer of Warranties / Limitation of Liability

10.1 The Company Entities shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of the Company including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage.

10.2. Neither the Company nor any of its subsidiaries, affiliates or agents warrants that the Services will be available without interruption or will be error free and such trading platform and services are being provided "AS IS" without any representation or warranty of any kind whatsoever except as otherwise set forth herein.

10.3. Under no circumstances shall the Company or any of its subsidiaries, affiliates or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use the Services including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of User's computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.

10.4. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESSES OR FINANCIAL BENEFITS) ARISING OUT OF THE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF THE COMPANY ENTITIES WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF THE THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF THE COMPANY ENTITIES GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW.

NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF THE COMPANY ENTITIES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF THE SERVICES OFFERED BY OR ON BEHALF OF THE COMPANY ENTITIES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO THE COMPANY ENTITIES UNDER THESE TERMS IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES AND CLOSE YOUR ACCOUNT. THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED. THE COMPANY ENTITIES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE THE COMPANY ENTITIES MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE QUALITY, SUITABILITY AND PERFORMANCE OF THE SERVICES WILL MEET YOUR EXPECTATIONS. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY ENTITIES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. THE COMPANY ENTITIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE WEBSITE, ANY PART OF THE SERVICES, THE TRADING PLATFORM, MOBILE APPLICATIONS OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.

  1. No Waiver

From time to time, the Company may fail to require or strictly enforce compliance with relation to any provision in these Terms. The Company may also fail to exercise any or all of its rights empowered herein. Any such failure shall not be construed as a waiver or relinquishment of the Company's right to assert or rely upon any such provision or right in that or in any other instance. If applicable, an express waiver given by the Company of any condition, provision, or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such condition, provision or requirement.

  1. Governing Law and Jurisdiction

These Terms, and any terms announced on the Website are governed and shall be shall be governed by and construed in accordance with English law without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.

You agree to submit any Dispute (as defined below) to arbitration in accordance with the terms of Section 13. To the extent that the agreement to arbitrate is ineffective or void, you agree to submit to the non-exclusive jurisdiction of the courts of Saint Vincent and the Grenadines.

  1. Arbitration

Any dispute, claim, suit, action, cause of action, demand, or proceeding arising out of or related to these Terms, and any terms announced on the Website (including with respect of their validity, existence, or termination), any Services, action or transaction under or contemplated by these Terms, (any "Dispute") that is not settled by you and the Company within 30 days from the date that either party notifies the other party in writing of the Dispute shall be referred to and finally settled by arbitration. Further, the parties hereby agree that:

  1. To attempt informal resolution prior to any demand for arbitration for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon receipt of written notice from you. If we cannot resolve the dispute on an informal basis, you and we agree that any dispute arising under this Agreement shall be finally settled in binding arbitration, on an individual basis;

  2. the number of arbitrators will be one;

  3. That the number of arbitrators shall be one;

  4. That the place of arbitration shall be The Bahamas, unless the Parties agree otherwise;

  5. That the language to be used in the arbitral proceedings shall be English;

  6. That the courts in The Bahamas have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration;

  7. That the arbitrator has the authority to grant any remedy that would otherwise be available in court; and

  8. That the parties shall split the costs and expenses of any arbitration and bear their own legal costs and expenses;

  9. user hereby expressly waives court proceedings and agrees all disputes will be heard and adjudicated by binding arbitration.

  10. Waiver of Class Action and Class Wide Arbitration

You and the Company agree that any claims relating to these Terms or to your relationship with the Company as a User of the Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) shall be brought against the other party in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You and the Company further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. You agree not to join with any other individual or entity or group of individuals or entities for the purpose of seeking to resolve the respective Disputes on a consolidated or representative basis, and expressly waive the right to join such party or group, or class.

  1. User Data

  2. For accessing and/or using the Services, you may be required to provide the Company with some information about yourself, such as identity documents, decentralized wallet address, email address or other contact information, among other information or documentation, as determined by the Company in its sole discretion from time to time. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. You are solely responsible for maintaining the confidentiality of your Wallet information, private keys, blockchain accounts, and other information related to your access and/or use of the Services, and you accept responsibility for all activities that occur when accessing and/or using your Services.

  3. You agree and accept our Privacy Policy, which can be found at https://docs.bananagun.io/miscellaneous/privacy-policy.

  4. Miscellaneous

16.6. Headings

The headings and captions used in this Agreement are used only for convenience and are not to be considered in construing or interpreting this Agreement. All references in this Agreement to Sections and Exhibits shall, unless otherwise provided, refer to sections hereof and exhibits attached hereto, all of which exhibits are incorporated herein by this reference.

16.7. Notices

Unless otherwise provided herein, any notice required or permitted under this Agreement shall be given in writing and shall be deemed effectively given (a) at the time of personal delivery, if delivery is in person; (b) one (1) Business Day if delivered via electronic mail (c) seven (7) Business Days after deposit with an express overnight courier for international express overnight air courier for deliveries with proof of delivery from the courier requested.

16.8. Amendment; Waiver

This Agreement may be amended and provisions may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and you.

16.9. Severability

If one or more provisions of this Agreement are held to be unenforceable under applicable law, then such provision(s) shall be excluded from this Agreement to the extent they are unenforceable and the remainder of this Agreement shall be interpreted as if such provision(s) were so excluded and shall be enforceable in accordance with its terms.

16.10. Entire Agreement

This Agreement, the documents referred to herein and all attachments hereto and thereto, together with all the exhibits and schedules hereto and thereto, constitute the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes any and all prior negotiations, correspondence, Agreements, agreements, understandings duties or obligations between the parties with respect to the subject matter hereof.

16.11. Further Assurances

At any time or from time to time after the date hereof, the Company shall cooperate with the User, and at the request of the User, shall execute and deliver any further instruments or documents and to take all such further actions as the User may reasonably request in order to carry out the intent of this Agreement.

13.12. Miscellaneous

  1. You may not assign any rights and obligations arising from this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any of our Affiliates, or subsidiaries, or to any successor in interest of any business contemplated in these Terms. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

  2. We shall have no liability for any failure or delay resulting from any abnormal or unforeseeable circumstances outside our reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary, including without limitation governmental action or acts of terrorism, war, earthquake, fire, flood, or other acts of God, labor conditions, delays or failures caused by problems with another system or network, mechanical breakdown or data-processing failures or where we are bound by other legal obligations.

  3. Upon termination of this Agreement for any other reason, all rights and obligations of the parties that by their nature are continuing will survive such termination.

  4. This Agreement is not intended and shall not be construed to create any rights or remedies in any parties other than you and us and any affiliates which each shall be a third party beneficiary of this Agreement, and no other person shall assert any rights as a third party beneficiary hereunder.

USER ACKNOWLEDGES HAVING RECEIVED, READ AND UNDERSTOOD THE FOREGOING TERMS AND HEREBY AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREOF.

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