Terms of Service
Last Updated: November 1, 2023
The interface provided and associated services (the "Services") are not offered to persons or entities who are citizens of, are located in, or have a registered office in the United States of America. Additionally, no services, as defined below, are offered to persons or entites who are citizens of, are located in, or have a registered office in any restricted territory. There are no exemptions; and if you are a persons or entity that we do not offer services to, then do not attempt to use any of the services. Use of a virtual private network (VPN) to circumvent the restrictions set forth herein is prohibited.
Please carefully review the disclosures and disclaimers in Section 10 in their entirety before using any software developed by Beta. The information in Section 10 provides important details about the legal obligations associated with your use of the Services. By accessing or using the Site or the Services, you agree that Beta does not provide execution, settlement, or clearing services of any kind and is not responsible for the execution, settlement, or clearing of transactions automated through the Services.
1. Use of Services and Use Restrictions
If you are entering into these terms, you must have the legal capacity and/or authority to accept these terms. You must not be a resident, citizen or agent of, or incoporated in, and do not have registered office in North Korea, Cuba, Syria, Myanmar (Burma), or any other country or region that is subject of comprehensive country-wide or region-wide economic sanction by the United States (collectively, "Restricted Territories"). You must also not be subject to economic or trade sanctions administered or enforced by any government authority or otherwise designated on any list of prohibited or restricted parties (collectively, "Sanctioned Person").
You must not intend to transact with any Restricted Person or Sanctioned Person. You do not, and will not, use a VPN or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the Services.
As a condition to accessing or using the Services or the Site you acknowledge, understand, and agree to the following:
- You are responsible for your use of the Serivces, including all of your transfers of Digital Assets
- We have no control over, or liability for, the delivery, quality, safety, legality, or any other aspect of any Digital Assets that you may transfer to or from a third party, and we are not responsible for ensuring that an entity with whom you transact completes the transaction or is authorized to do so, and any problems experienced with the Services you bear the risk.
- To the fullest extent not prohibited by Applicable Law, we owe no fiduciary duties or liabilites to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, you hereby irrevocably disclaim, waive, and eliminate those duties and liabilities
- When using the Services, you only will transfer legally-obtained Digital Assets that belong to you
- Any Digital Assets you use in connection with the Services are either owned by you or you are validly authorized to carry out actions using such Digital Assets
- You acknowledge that certain aspects of the Site or the Services may use, incorporate or link to certain open-source components and that your use of the Site or Services is subject to, and you will not use the Site or the Services in a manner that violates the Open-Source Licenses.
2. No Professional Advice or Fiduciary Duties
All information provided in connection with your access and use of the Site and the Services is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained on the Site or any other information that we make available at any time, including blog posts, data, articles, links to third-party content, Discord content, news feeds, tutorials, tweets, and videos. Before you make any financial, legal, or other decisions involving the Services, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate. The Terms are not intended to, and do not, create or impose any fiduciary duties on us. You further agree that the only duties and obligations that we owe you are those set out expressly in these Terms.
3. Prohibited Activity
You may not use the Services to engage in the categories of activity set forth below ("Prohibited Uses"). The specific activities set forth below are representative, but not exhaustive, of Prohibited Uses. If you are uncertain as to whether your use of the Services involves a Prohibited Use or have other questions about how these requirements apply to you, then please contact us at [email protected]
. By using the Site or the Services, you confirm that you will not use the Site or the Services to do any of the following:
- Use the Site or the Services from a jurisdiction (including an IP address in a jurisdiction) that we have, in our sole discretion, determined is a jurisdiction where the use of the Site or the Services is prohibited, including the United States of America or any Restricted Territory;
- Use or access the Site or the Services to transmit or exchange Digital Assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including terrorism or tax evasion;
You agree to indemnify and hold Beta Technologies Group Limited and its affiliates, officers, and employees harmless from any claim or demand, including reasonable attorneys” fees, made by any third party due to or arising out of your use of our website, violation of these Terms of Service, or violation of any rights of another.
5. Changes to the Terms of Service
Beta reserves the right to modify these Terms of Service at any time. Any changes will be effective immediately upon posting on our website. Your continued use of our website constitutes your acceptance of the revised Terms of Service.
These Terms of Service and your use of our website and services shall be governed by and construed in accordance with the laws of the British Virgin Islands. Any disputes arising out of or related to these Terms of Service or our website and services shall be resolved through the exclusive jurisdiction of the courts of the British Virgin Islands.
Beta is a developer of software. Beta does not operate a digital asset or offer trade execution or clearing services and has no oversight, control, or involvement concerning your transaction using the Services. All transactions between users are executed peer-to-peer directly between the users” Ethereum addresses through a smart contract. These Terms of Service constitute the entire agreement between you and Beta Technologies Group Limited and supersede any prior agreements or understandings, whether written or oral. If any provision of these Terms of Service is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect. The failure of Beta Technologies Group Limited to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.