📃Terms of Service

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.