IntroductionThese
Terms of Use ("Terms") apply to all users of the bemo platform and outline the rules and
regulations for using our website and services. By using our platform, you agree to
fully comply with and be bound by the following Terms and Conditions.
Please read
these Terms carefully before using our platform. If you disagree with any part of these
Terms, then you must not access or use bemo. Your access to and use of bemo is also
subject to our Privacy Policy.
Please be aware that bemo does not offer or
provide any financial, legal, tax, or other professional advice, and nothing on our
platform should be construed as such. Before making any decision or implementing any
strategy, you should consider obtaining advice from financial, legal, tax, and other
professional advisors.
By using bemo, you acknowledge that you are using the
platform at your own risk and that the risk of loss in trading or holding digital assets
can be substantial.
Definitions
- "Agreement" refers to these Terms of Use, including any amendments or updates that
may be incorporated into them from time to time.
- "bemo", "we", "us", or "our" refers to the company bemo, including its
beneficiaries, affiliates, employees and contractors.
- "Platform" encompasses our websites (including bemo.fi and its subdomains), mobile
and web applications, and associated services.
- "User", "Users", or "You" represents any individual, entity, group, or association
that interacts, views, or otherwise derives any benefit from our platform.
- "Terms" refer to these Terms of Use, along with our Privacy Policy and any
Disclosures, all of which are incorporated by reference into these Terms.
- "Privacy Policy" is our statement describing how we collect, use, and disclose
personal information of our Users.
- "Disclosures" are the specific disclaimers, risk disclosures, and warnings
provided to you on our Platform or in conjunction with these Terms.
- "Digital Assets" refers to cryptocurrencies, tokens, digital currencies, digital
assets, blockchain assets, or any related terms, which are used in transactions on
our Platform.
- "Services" represents the functionalities, operations, or services provided by us
through our Platform.
Please note that these definitions are intended to help understand these Terms. They are
not meant to limit or affect the meaning or interpretation of these
Terms.
Acceptance of TermsYour access to and use of the bemo
Platform is subject to your acceptance of, and compliance with, these Terms. By
accessing or using the Platform, you affirm that:
- You have read, understood, and agreed to be bound by these Terms, Privacy Policy,
and Disclosures, all of which are incorporated by reference into these Terms.
- You are of legal age to form a binding contract with bemo, and you are not barred
from receiving services under the laws of any applicable jurisdiction.
- If you are accepting these Terms on behalf of an entity, such as the company you
work for, you represent and warrant that you have the legal authority to bind that
entity to these Terms.
By continuing to access or use our Platform, you agree to be bound by these Terms,
as they may be amended from time to time. If you do not agree with these Terms, you
should not access or use the Platform.
We reserve the right to change or modify these
Terms at any time and at our sole discretion. If we make changes to these Terms, we will
provide notice of such changes by updating the date of this document and posting a
notice on our Platform. Your continued use of the Platform will confirm your acceptance
of the revised Terms. If you do not agree to the amended Terms, you must stop using the
Platform.
EligibilityTo access or use our Platform, you must
meet the following criteria:
- You must be at least 18 years old, or the age of legal majority in your
jurisdiction, if higher. If you are under the age of 18 or the legal age of majority
in your jurisdiction, you must not access or use our Platform.
- You must have the capacity to enter into legally binding contracts. If you do not
have such capacity, for example, because you are considered a minor in your place of
residence, you must not access or use our Platform.
- You must not be a citizen, resident (tax or otherwise), or green card holder of
the United States, nor should you be located in, or have a registered office or
principal place of business in the United States.
- You must not be a citizen, resident, or entity in jurisdictions where the
acquisition, offer, or sale of our token products is unauthorized, prohibited, or
illegal.
- You must not be listed on any sanctions list maintained by any major
jurisdictions, nor should you intend to transact in or with any Restricted
Territories or Sanctions List Persons as per the list here:
https://ofac.treasury.gov/
- sanctions-programs-and-country-information.
By accessing or using our Platform, you represent and warrant that you meet all of
the above eligibility requirements. If you do not meet all of these requirements, you
must not access or use the Platform. In our sole discretion, we may refuse to offer the
Platform to any person or entity and change its eligibility criteria at any
time.
User ResponsibilitiesAs a user of the bemo platform,
you agree to the following:
- Legal Compliance: Comply with all applicable laws, regulations, and rules in your
jurisdiction, including, but not limited to, tax laws and regulatory requirements.
- Accuracy of Information: Provide accurate, current, and complete information
during the registration process and update such information to keep it accurate,
current, and complete.
- Account Security: Maintain the security of your account by protecting your
password and other access credentials from unauthorized access or use.
- Notification of Unauthorized Use: Promptly notify us if you discover or suspect
any security breaches related to the Platform, including any unauthorized use of
your password or account.
- Prohibited Actions: Not to engage in any conduct that is prohibited by these Terms
or that we deem inappropriate, harmful, or fraudulent.
- Risk Acknowledgement: Acknowledge that using our platform and the purchase, sale,
and use of digital assets involve significant risks and potential for financial
losses. You agree to assume all risks related to the use of the platform and the
digital assets and hold us harmless for any losses you incur.
We reserve the right to suspend or terminate your access to the Platform if we believe
you have violated these responsibilities or any other provisions of these Terms.
Risks
and Disclaimers
- Market Risk: The value of cryptocurrencies and blockchain assets can rapidly
fluctuate due to market dynamics. You acknowledge that the value of assets on the
bemo platform can decrease or increase without warning, potentially leading to loss
of your assets.
- Regulatory Risk: Cryptocurrencies and blockchain technology are subject to a
regulatory environment that is uncertain and can rapidly change. Changes in laws or
regulations can affect the use, transfer, exchange, and value of digital assets.
- Technology Risk: The bemo platform is based on blockchain technology, which is a
relatively new and untested technology. The platform is subject to risks associated
with the technology and its operational infrastructure, including potential bugs or
vulnerabilities that could result in the loss or theft of your assets.
- Security Risk: You are responsible for securing your account on the bemo platform.
This includes protecting your private keys and any other login credentials. Any loss
or compromise of this information may lead to unauthorized access to your account
and potential loss of your assets.
- Smart Contract Risk: The bemo platform utilizes smart contracts for certain
functionalities. These smart contracts may carry risks of unintentional bugs or
vulnerabilities. If exploited, these could lead to loss of assets or other
unintended outcomes.
- No Warranty: The bemo platform is provided on an "as is" basis, without any
warranties or representations, express or implied. We disclaim all warranties of
merchantability, fitness for a particular purpose, title, and non-infringement.
- No Liability: To the maximum extent permitted by law, bemo will not be liable for
any loss or damage of any kind incurred as a result of the use or reliance on any
content, goods, or services available through the platform.
By using the bemo platform, you acknowledge and agree that you assume these risks. You
should conduct thorough research and, if necessary, consult with a financial advisor
before engaging in transactions on the bemo platform.
Limitation of
LiabilityBy engaging with the bemo platform, you acknowledge and accept
the inherent risks linked to the use of such an Internet-based system. These risks may
include, but are not limited to, potential hardware, software, and Internet connection
failures. You understand that bemo cannot be held accountable for any communication
failures, disruptions, errors, distortions, or delays you may encounter while using the
platform, regardless of the cause.
To the maximum extent permitted by law, bemo,
including its beneficiaries, affiliates, directors, employees, licensors, or partners,
will not be held responsible for any direct, indirect, incidental, special,
consequential, punitive or exemplary damages. This encompasses damages for loss of
profits, goodwill, use, data, or other intangible losses that result from or relate to
the use of, or the inability to use, the bemo platform. This holds true even if bemo has
been informed about the possibility of such damages.
Privacy and
Information CollectionThe Platform may collect and temporarily store
personally identifiable information, both directly and indirectly, for operational
purposes. This may include identifying blockchain addresses or IP addresses that suggest
the use of the Platform from prohibited jurisdictions, by sanctioned individuals, or
other Prohibited Uses.
Except as mandated by applicable laws, the maintainers of
the Platform are under no obligation to maintain the confidentiality of any information
collected through the Platform. We leverage this information for the smooth functioning
of our services and to ensure compliance with our Terms of Use.
Please note that
your use of our Platform constitutes your acknowledgment and agreement to this
information collection practice. If you do not agree to these terms, you should refrain
from using our Platform. We encourage you to familiarize yourself with our data
collection practices and to understand the potential implications of the usage of your
personal information.
Intellectual PropertyOwnership
All
right, title, and interest in and to the bemo platform, including our website, any
content thereon, the technology and software used to provide it, and any trademarks,
logos, or brand elements contained therein, are the exclusive property of bemo and its
licensors. Your use of the bemo platform and its contents does not grant or convey any
rights, title or interest in these properties to you, except for the limited rights
expressly granted in these Terms.
Limited License
Subject to your
compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable,
non-transferable, and revocable license to access and use the bemo platform and its
contents for your personal, non-commercial use. Any other use of the bemo platform is
expressly prohibited. All rights not expressly granted herein are reserved by bemo and
its licensors.
Restrictions
You agree not to copy, modify, create
derivative works of, publicly display, publicly perform, republish, download, store, or
transmit any of the material on our platform, except to: (a) store copies of such
materials temporarily in RAM; (b) store files that are automatically cached by your web
browser for display enhancement purposes; and (c) print a reasonable number of pages of
the bemo website for a permitted use.
Termination of Servicebemo
reserves the right to modify, suspend, or discontinue the operation of, or access to,
the platform or any portion of the platform at any time and for any reason, with or
without notice. At our sole discretion, we may also impose limits on certain features
and services or restrict your access to parts or all of the platform without notice or
liability.
In case of termination, discontinuation or cancellation of the
platform or any service, all provisions of these Terms which by their nature should
survive will remain in effect, including, without limitation, ownership provisions,
warranty disclaimers, indemnity, and limitations of liability. We will not be liable to
you or any third party for any termination or cessation of access to the
platform.
If you breach any term of this agreement, or we suspect that you have
not complied with these terms, we may at our discretion terminate your access to the
platform immediately, without prior notice to you, and without any liability to you.
Upon termination for any reason, you must cease all use of the platform.
Prohibited
UsesIn connection with your use of the bemo platform, you must not
directly or indirectly:
- Use the platform in any way other than for its intended purpose.
- Use the platform at any time when any representation you have made under these
Terms is untrue or inaccurate.
- Rely on the platform for advice related to financial or legal decisions or
transactions.
- Implement any device, scheme, or artifice to defraud or materially mislead any
person.
- Engage in any activity that operates as fraud or deceit upon any person.
- Fail to comply with any applicable provision of these Terms or any other terms,
conditions, privacy policies, or other policies governing the use of the platform.
- Attempt or assist in any hack or attack on the platform or any associated wallet
application or device.
- Violate any applicable laws, rules, or regulations in your relevant
jurisdiction.
- Transact in securities, commodities futures, trading of commodities on a
leveraged, margined or financed basis, binary options (including prediction-market
transactions), real estate or real estate leases, equipment leases, debt financings,
equity financings or other similar transactions, if such transactions do not comply
with all laws, rules and regulations applicable to the parties and assets engaged
therein.
- Engage in token-based or other financings of a business, enterprise, venture, DAO,
software development project or other initiative, including ICOs, DAICOs, IEOs, or
other token-based fundraising events.
- Engage in any act, practice, or course of business that circumvents any sanctions
or export controls targeting you or the country or territory where you are located.
- Infringe on or violate any copyright, trademark, service mark, patent, right of
publicity, right of privacy, or other proprietary or intellectual property rights
under any law.
- Disguise or interfere in any way with the IP address of a computer used to access
the platform, or prevent the accurate identification of the IP address of such
computer.
- Transmit, exchange, or participate in any activity supported by the direct or
indirect proceeds of criminal or fraudulent activity.
- Contribute to or facilitate any of the activities listed above.
We reserve the right to terminate your use of the platform for violating any of the
prohibited uses.
Governing Law and JurisdictionThese Terms
of Use, your access to, and use of the bemo platform are governed by and construed in
accordance with the laws of the British Virgin Islands (BVI), without regard to its
conflict of law rules or principles that would otherwise require the application of the
laws of another jurisdiction.
Any dispute, controversy, or claim arising out of
or relating to these Terms of Use, including their validity, breach, or termination,
which cannot be settled amicably or in small claims court, shall be resolved exclusively
in the courts of the British Virgin Islands. By using the Bemo platform, you consent to
the jurisdiction of these courts.
Entire AgreementThese
Terms of Use, alongside our Privacy Policy, represent the complete and exclusive
understanding between you and bemo regarding the use of our platform. These terms
supersede any previous or concurrent agreements, representations, or warranties, whether
they are oral or written.
This agreement does not create or imply any
partnership, joint venture, employer-employee, agency, or franchisor-franchisee
relationship between you and bemo.