Terms and Conditions
LAST UPDATED: 11 DECEMBER 2024
PLEASE READ THESE TERMS OF USE BEFORE ACCESSING THE BENiBOT APP.
INTRODUCTION
BENiBOT (“BENiBOT”) is a service offered by the creators and developers behind BENiBOT.
These terms of use (“Terms”) govern the access and use of BENiBOT by all users (“you,” “your,” or “User”) and set forth the agreement between you and the creators of BENiBOT (“we,” “our,” “Company”, “Team” or “Developer”). By accepting these Terms, you agree to be bound by all provisions, including any additional documents referenced herein, which govern your interaction with BENiBOT, its associated smart contracts (“BENiBOT Contracts”), wallet (“BENiBOT Wallet”), third-party services (“Third Party Services”), and any third-party integrations (“Integrations”).
BENiBOT is accessed through Telegram, a third-party messaging platform, which has its own separate Terms of Service that may change over time.
By using BENiBOT on Telegram, you confirm your agreement to these Terms.
We reserve the right to modify these Terms at any time at our sole discretion. In such cases, the “last updated” date above will be revised, and we will notify you of the changes via BENiBOT and through the updated Terms posted on www.benibot.io. Any changes will be effective immediately upon posting, and your continued use of BENiBOT will indicate your acceptance of the updated Terms.
If you disagree with these Terms, please stop using BENiBOT immediately. Your sole remedy in such cases is to cease accessing BENiBOT.
Please note that we do not hold custody of your assets or have access to your private keys. We are not responsible for transferring crypto assets, nor do we have access to your crypto funds. We and our service providers are not brokers, custodians, or advisors, and do not act as agents for you. We do not have any fiduciary responsibility towards you regarding decisions or activities you perform when using BENiBOT or interacting with the blockchain.
By using BENiBOT, you acknowledge and accept full responsibility for your actions and interactions within the platform.
You further recognize that the Team is neither a custodian of your crypto assets nor a counterparty to your transactions made through BENiBOT.
These acknowledgments serve as a recognition of the inherent risks associated with using the services provided by BENiBOT.
We strongly advise users to proceed with caution and be fully aware of the potential consequences of their actions.
1. BENiBOT Features
1.1 Overview
BENiBOT is a trading bot that allows users to buy, sell, and manage their crypto assets on the BASE Ethereum blockchain (“Network”) via a frontend hosted on Telegram. The Team and developer reserves the right to add or remove features at any time, without prior notice.
1.2 Initializing
Before you can use BENiBOT, you must first create an account on Telegram (“Account”) and then initiate BENiBOT by tapping “Start” on one of the BENiBOT instances hosted on its dedicated Telegram channel (“Channel”) through that Account. To join the Channel, either search for the exact username “benibase_bot” on Telegram or use this Telegram link, and press start or send a message with the text “/start.”
1.3 BENiBOT Channel
Each Channel serves as a private communication platform between you and BENiBOT. The Channel does not allow you to communicate with the Team, any representatives, or any other individual. BENiBOT, as an automated bot, is your sole agent with whom you interact through this Channel.
1.4 BENiBOT Control Buttons
You can interact with BENiBOT through the control buttons displayed in the Channel (“MENU”) or by directly submitting predetermined messages in the Channel.
1.5 BENiBOT Wallet
Upon joining the Channel, you will receive a message from BENiBOT with the address of your newly created individual BENiBOT Wallet to be used for interactions with BENiBOT. You can view the public address of your BENiBOT Wallet at any time within BENiBOT by navigating to the “Wallet” menu or by entering “wallet” into BENiBOT. The private key of your BENiBOT Wallet remains in your self-custodied possession, and you are solely responsible for the secure safekeeping of your private key and any associated seed phrases and passwords (“Security Credentials”). We do not have control over or access to any of your Security Credentials or crypto assets. We will not be able to recover, restore, or retrieve your Security Credentials or crypto assets from your BENiBOT Wallet. You further understand and acknowledge that the security and integrity of your Security Credentials—and, by extension, the crypto assets held therein—are largely dependent upon the technical integrity of your device and the maintenance of appropriate confidentiality and security measures for your Security Credentials. You acknowledge and agree that if you permanently lose access to your Account, the developer or team behind BENiBOT cannot recover funds from your BENiBOT Wallet on your behalf. BENiBOT is not the custodian of the crypto assets held in your BENiBOT Wallet and does not have access to them. It is therefore your responsibility to take steps to prevent the loss of access to your BENiBOT Wallet in case your Account becomes inaccessible for any reason, such as by retrieving your private key and importing it into another wallet. Your BENiBOT Wallet can hold any crypto asset hosted on the BASE Ethereum network, but BENiBOT allows transactions exclusively in ETH to swap for other crypto assets and with ETH in return for swapped crypto assets. For legal reasons, the selection of crypto assets that may be displayed and used in the BENiBOT Telegram interface may be subject to change. This refers only to potential restrictions within the Telegram interface—BENiBOT cannot interfere with the custody of such crypto assets, which remain entirely self-custodied by you, the User. The BENiBOT Telegram interface only supports the withdrawal of ETH tokens. The withdrawal of non-ETH tokens may be conducted at any time via another non-BENiBOT wallet. You may reset your BENiBOT and generate a new key pair for a BENiBOT Wallet. Please note that without your private key, you will not be able to access the previous BENiBOT Wallet. Therefore, ensure that you securely store your private key prior to resetting BENiBOT.
1.6 Transactions
You can use BENiBOT to initiate transactions from your BENiBOT Wallet by generating standardized transaction messages to buy, sell, or manage your crypto assets or to manage your positions (“Transactions”). Transactions submitted to the BASE Ethereum Network via BENiBOT are executed directly on the Network without involvement from the Team. You acknowledge and accept that by submitting a command via BENiBOT, you automatically confirm that the resulting transaction will be executed on the BASE Ethereum Network without any means of blocking or reversing it. BENiBOT itself does not execute any Transactions on your behalf, nor does it control the execution of Transactions initiated by you. You are fully responsible for all inputs you make while using BENiBOT. The Team does not assume any responsibility for BENiBOT, regardless of whether it is used to execute transactions, and shall not be liable for any damages arising out of or related to your use of BENiBOT or your inability to use BENiBOT to execute transactions.
1.6.1 Trade Crypto Assets
You have the option to trade crypto assets with BENiBOT. To begin, you need to submit a request for a quote ("Request") by providing the crypto asset you wish to trade. You can do this by sharing either the contract address of the asset or its ticker name (provided that the ticker is included on the strict list maintained by the relevant aggregator) in the Channel. Requests are communicated to Third Party Services acting as DEX aggregators, which provide a quote for your Request. BENiBOT will compare this quote with its own analysis of execution price availability and display the best available price to you in the Channel (“Quote”). Upon receiving a Quote, you will be prompted to specify the quantity of the crypto asset you wish to trade, either in ETH for buy transactions or, if you hold the crypto asset, as a percentage of your current holdings. By submitting a quantity to BENiBOT, you acknowledge and agree that the Quote does not constitute a price or execution guarantee. External factors such as market volatility, network congestion, and liquidity may cause significant deviations from the Quote in the actual trade execution. By submitting a quantity, you authorize a Transaction to be sent directly from your BENiBOT Wallet to the BASE Ethereum Network, and this Transaction cannot be altered or reversed once submitted. After execution, a block explorer link to the hash of the Transaction will be displayed in the Channel.
1.6.2 Transaction Fees
All Transactions executed on the BASE Ethereum Network, whether initiated through BENiBOT or otherwise, require payment of Network fees (“Network Fees”). These include a base transaction fee (“Transaction Fee”) to have validators process the transaction, a Priority Fee (“Priority Fee”) to expedite transaction processing. The User acknowledges and agrees that fees charged by third parties must be paid directly to the respective third party, without any involvement from the team behind BENiBOT or the developer. By using BENiBOT to initiate and sign Transactions, you acknowledge and agree that Network Fees paid to the BASE Ethereum Network are not charged, collected, or controlled by BENiBOT, and are non-refundable under any circumstances, including if the transaction fails. BENiBOT applies a fee to all transactions initiated via BENiBOT (the “BENiBOT Fee”). The BENiBOT Fee schedule is published at: https://benibot.io /fee-structure. The User agrees and acknowledges that the Team reserves the right to modify the BENiBOT Fee in the fee schedule at its sole discretion at any time. Any changes to the BENiBOT Fee will take effect upon publication of the updated fee schedule on the Team’s website via the aforementioned link.
2. Representation and Warranties
2.1 About the User
By using BENiBOT, you represent and warrant that:
You are acting:
On your own behalf, and with crypto assets over which you have full authority, and which are free of any encumbrances, or
On behalf of third parties under a valid legal agreement that authorizes you to engage with the BASE Ethereum Network using their crypto assets for this specific purpose, provided that you have executed all requisite due diligence, as mandated by applicable law, including but not limited to anti-money laundering regulations, so that you are in a position to validly abide by these Terms as if you were acting on your own behalf.
You are of legal age and possess the necessary legal capacity to accept these Terms.
You are not a resident or citizen of a Restricted Jurisdiction as defined in these Terms.
You or your crypto assets are not subject to any individual sanctions or involved in any activities that would cause the Team and BENiBOT to be subject to any sanctions, embargoes, or restrictions under international, federal, or state regulations.
You comply with all tax obligations in your jurisdiction(s) of residence or citizenship, related to any crypto assets you use for transactions you conduct through BENiBOT, including reporting and payment of taxes on gains, income, or similar liabilities.
You are prepared to accept the risk of loss, including complete loss, as a result of the various risk factors associated with the use of the BASE Ethereum Network.
You have not engaged in and will not engage through BENiBOT in any form of market manipulation, insider trading, or other unfair trading practices to be implemented through BENiBOT.
You are not using BENiBOT and BENiBOT Wallet to transfer or trade funds derived from or related to any unlawful activities, including but not limited to money laundering and financing of terrorism.
You are not interacting with BENiBOT and BENiBOT Wallet in a manner intended to finance, engage in, or support any criminal or illegal activities.
Your acceptance of these Terms does not result in any breach of, conflict with, or constitute a material default under:
Any laws, regulations, or rules applicable to you.
Any provision of constitutional or organizational documents by which you are bound.
Any judgment, decree, or order imposed on you by any court, or governmental or regulatory authority.
Any material agreement, obligation, duty, or commitment to which you are a party or by which you are bound.
2.2 Restricted Jurisdictions
A Restricted Jurisdiction shall mean:
A jurisdiction in which applicable laws prohibit or otherwise restrict owning crypto assets or transacting therewith, or in which public authorities impose administrative or criminal sanctions that result in a prohibition of specific activities involving tokens.
A jurisdiction in which crypto assets are deemed financial instruments and/or in which any services involving crypto assets, including merely providing an interface for such services, would require the Team to comply with specific regulations, notably any filings and authorizations required thereby.
A jurisdiction blacklisted by the Financial Action Task Force.
A jurisdiction subject to economic and financial sanctions as imposed by the United Nations, United States, European Union, or Switzerland.
A jurisdiction embargoed or restricted by the Swiss State Secretariat for Economic Affairs (SECO), including, but not limited to: Belarus, Burundi, Central African Republic, Congo, DPRK (North Korea), Guinea, Guinea-Bissau, Iran, Iraq, Lebanon, Libya, Mali, Myanmar (Burma), Republic of South Sudan, Russia, Somalia, Sudan, Syria, Ukraine, Venezuela, Yemen, or Zimbabwe.
2.3 About the User’s Understanding
By using BENiBOT, you represent and warrant that:
You have duly read these Terms and are thus aware that any interaction with BENiBOT is at your own risk and under your sole responsibility.
You have conducted reasonable due diligence on BENiBOT before accessing it, including researching its functioning.
You have consulted any necessary experts to perfect your understanding, including technical aspects or legal and tax implications of using BENiBOT.
You possess sufficient knowledge and experience with blockchain technology, smart contracts, storage mechanisms (such as wallets), crypto assets, and decentralized finance to evaluate the risks and merits of using the BASE Ethereum Network. Such knowledge and experience are of an adequate level, considering the value of crypto assets you intend to trade via BENiBOT.
3. Crypto Assets
The team behind BENiBOT or developer does not endorse any of the crypto assets traded through BENiBOT. The Team cannot and does not make any warranties, express or implied, regarding these crypto assets, particularly their continued availability, suitability, or compliance with the legal framework of any particular jurisdiction. Crypto assets traded via BENiBOT are subject to various external factors influencing their utility, price, reliability, and legal status. These factors, and their consequences, fall outside the Team's purview and control. The Team disclaims all liability for losses or damages, whether direct or indirect, consequential, incidental, special, punitive, or otherwise, that may result from a specific crypto asset being supplied, withdrawn, or gained through BENiBOT.
4. Regulations
The Team does not participate in any transactions conducted by Users via BENiBOT. Users should understand that they do not hold any claims against the Team for crypto asset transactions initiated through BENiBOT. The Team operates out of Switzerland in compliance with Swiss regulations. You interact with BENiBOT at your sole discretion, acknowledging that the regulatory landscape and assurances for these assets and activities may be subject to change, independent of the Team's authority or intervention.
5. Third Party Services and Links
BENiBOT may integrate Third Party Services or contain links to websites and content controlled or operated by third parties ("Third Party Links"). Third Party Services and Third-Party Links may subject you to additional terms and conditions published by their providers. Notwithstanding any conflicting terms and conditions of Third-Party Services, any liability arising from the failure of a third-party application shall be the sole responsibility of the third-party service provider, not the Team. Your contractual relationship is established with the relevant third party and is governed by their terms and conditions. The Team is not responsible for any aspect of or for any damages arising out of or related to Third Party Services and/or Third-Party Links. The Team does not endorse such third-party services or Third-Party Links, nor does it provide any guarantees. The Team is not responsible for any content contained in or associated with the Third-Party Links or the services provided by third-party service providers. Among Third Party Services, the functioning of BENiBOT relies on third-party software, including, but not limited to:
(i) Telegram
(ii) The BASE Ethereum Network
(iii) Decentralized exchanges (“DEX”) and automated market makers (“AMM”)
(iv) DEX aggregators
(v) Maximum Extractable Value (“MEV”) infrastructure companies
(vi) Other services, as may be utilized from time to time, along with ongoing development and support by third parties. However, we cannot guarantee that these third parties will maintain their support for their software or that open-source software will continue to receive updates, which could potentially impact BENiBOT and the BENiBOT Wallet negatively. By initiating transactions via BENiBOT, you acknowledge and accept that your use of BENiBOT may involve making use of one or more of the Third-Party Services listed above, as well as any additional Third-Party Services that may be relied upon by BENiBOT in the future to deliver its functionality. You also acknowledge that the above list may not be fully up to date, and the Team is not obligated to notify you of any changes to the Third-Party Services that may be relied upon by BENiBOT to deliver its functionality. The responsibility for Third Party Services and their content lies solely with the entities providing such services or content, and the Team assumes no liability for such Third-Party Services and/or Third-Party Links. We have not conducted any security audits, bug bounties, or formal verifications (either internally or externally) of Third-Party Services, and we do not control, recommend, endorse, or take a position on the integrity, functionality, content, or your usage of Third-Party Services. In the event of a dispute between you and a third-party service provider or other users, we are not obligated to intervene. By using our services, you release us, our officers, employees, agents, contractors, and successors from any claims or damages arising from such disputes, known or unknown, disclosed or undisclosed.
6. Integrations
BENiBOT may integrate with third parties made available by the Team, which directly opens BENiBOT and facilitates the initiation of transactions for a specific crypto asset or feature. Any such integrations by the Team do not constitute endorsements of the third party, nor the assumption of any responsibility for them or the quality, integrity, or reliability of the services they provide.
7. Intellectual Property Rights
BENiBOT and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof), are owned by the team behind BENiBOT, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on BENiBOT without our prior written consent. The BENiBOT name, the BENiBOT logo, and all associated names, logos, product and service names, designs, and slogans are trademarks of the Team or its affiliates or licensors. You may not use such marks without the prior written permission of the team. All other names, logos, product and service names, designs, and slogans on BENiBOT are the trademarks of their respective owners. Under no circumstances does your use of BENiBOT grant you any ownership rights or other interest in any such marks or content on BENiBOT.
8. Risks
Users accept and acknowledge the risks associated with accessing and using BENiBOT, and that trading cryptocurrencies involves a high level of risk and is not suitable for all investors. Before deciding to access and use BENiBOT, you should carefully consider your investment objectives, level of experience, and risk appetite.
9. Downtime
The Team does not warrant that BENiBOT operates uninterrupted or error-free. Since BENiBOT is dependent on the availability of Telegram, it may be subject to temporary downtime or degraded performance, either itself or due to temporary downtime or degraded performance of Telegram. As a result of downtime, BENiBOT may not be available for an indefinite period. The Team is not responsible for any damages or losses suffered by a User due to any failure or interruption of BENiBOT’s provision of service.
10. Discontinuation
The BENiBOT team reserves the right, at its sole discretion, to discontinue BENiBOT without any obligation to indemnify any User to the maximum extent permitted by law. The Team may notably proceed with a shutdown in the following cases:
Upon occurrence of any force majeure event, or
If any law, regulation, rule, or decision of any self-regulatory organization, or ordinance, whether domestic or international, becomes effective that substantially alters the Team’s ability to offer the Interface. BENiBOT is one of the many ways to trade crypto assets held by the User on the public address associated with the BENiBOT Wallet. Other wallets may exist, and anyone is free to transact and trade without the intervention or permission of BENiBOT.
11. Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless the Team and its respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns, as well as other members of the decentralized community, from and against all actual and threatened claims, lawsuits, demands, actions, investigations (whether formal or informal), liabilities, obligations, judgments, damages, penalties, interests, fees, losses, expenses (including attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise arising from or relating to:
Any violation of these Terms by which you are bound to the Team, especially any inaccuracy in any representation or warranty made to the Team under these Terms.
Any violation of the rights of or obligations to a third party, including another User or third party.
The consequences of your use of BENiBOT and the BENiBOT Wallet.
Any act or omission by you that is negligent, unlawful, or constitutes willful misconduct.
The Team reserves the right to exercise sole control over the defense, at your expense, of any claim subject to indemnification under this clause.
12. Disclaimer of Warranties
BENiBOT and the BENiBOT Wallet are provided "as is" and "as available," with no warranties or representations of any kind. The Team expressly disclaims all warranties and representations, whether express, implied, statutory, or otherwise, to the fullest extent permitted by applicable law, concerning BENiBOT and the BENiBOT Wallet, including:
No assurance of reliability, currency, error and defect-free operation, or suitability for user needs.
No warranties of merchantability, fitness for a specific purpose, title, and non-infringement.
No guarantee that BENiBOT and the BENiBOT Wallet are free from viruses or other harmful components.
No commitment to correct defects, especially those requiring a community vote for resolution.
Users are advised to take appropriate security measures, such as utilizing reliable antivirus software and securing their digital wallets, to protect against risks inherent in the use of Web 3, cryptocurrency, and cryptocurrency-adjacent technologies. The access to and use of BENiBOT is made at your own risk. You understand and agree that BENiBOT is provided on an “as is” and “as available” basis, and that the Team expressly disclaims all warranties or conditions of any kind. Based on the above, you should verify all information before relying on it, and all decisions based on all information contained on BENiBOT are your sole responsibility. We shall not be liable for any such decisions.
13. Limitation of Liability
THIS SECTION IS OF UTMOST IMPORTANCE - PLEASE READ IT IN FULL
To the fullest extent allowed by law, the Team disclaims all liability for:
Any actions taken based on the information provided or using BENiBOT and the BENiBOT Wallet.
Direct or consequential losses or damages arising from accessing and using BENiBOT and the BENiBOT Wallet. Notably, the Team bears no responsibility for losses stemming from technical and economic vulnerabilities of Third-Party Services and the Network.
USERS ARE SOLELY RESPONSIBLE FOR THEIR ACTIONS AND ACCEPT ALL ASSOCIATED RISKS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USERS HEREBY EXPRESSLY RELEASE THE TEAM FROM ANY RESPONSIBILITY OR LIABILITY WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, MISREPRESENTATION, RESTITUTION, BREACH OF TRUST, BREACH OF FIDUCIARY DUTY OR OTHERWISE, FOR ANY CLAIMS, DAMAGES, LIABILITIES, LOSSES, COSTS OR EXPENSES OF ANY KIND, WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL, COMPENSATORY, INCIDENTAL, ACTUAL, EXEMPLARY, PUNITIVE OR SPECIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS, REVENUES, PROFITS, INVESTMENT OPPORTUNITIES, DATA USE, GOODWILL OR OTHER INTANGIBLE LOSSES) REGARDLESS OF WHETHER THE ASSOCIATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITIES, LOSSES, COSTS OR EXPENSES, ARISING OUT OF OR IN CONNECTION WITH:
The use of BENiBOT and the BENiBOT Wallet.
Transactions conducted through BENiBOT and the BENiBOT Wallet.
Any reliance on or decisions made based on the information displayed by BENiBOT.
A breach of the regulatory framework applicable to a user’s situation.
Any acts, omissions, statements, or representations made by any third party.
BENiBOT and the BENiBOT Wallet’s failure to operate consistently, especially due to downtime, and the resulting inability for the User to access its functionalities.
The Team cannot be held responsible or liable in any way for any information that is revealed to be untrue or becomes inaccurate or misleading concerning BENiBOT and the BENiBOT Wallet or crypto assets traded therewith, whether contained on the website or elsewhere, and provided by the Team itself or third parties. You hereby fully release the Team from any such information, provided it does not result from its fraud.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF THE TEAM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, MISREPRESENTATION, RESTITUTION, BREACH OF TRUST, BREACH OF FIDUCIARY DUTY OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THESE TERMS EXCEED CHF 100.
You agree that any claim filed more than one (1) month after the discovery of the alleged liability of the Team shall be time-barred.
The Team shall not be held liable for any failure to perform. It shall not accept responsibility for any ensuing damage, loss, delay, or inconvenience caused by circumstances beyond its reasonable control, such as Third-Party Services and/or Third-Party Links or force majeure events as specified below. No such inability to perform or delay shall invalidate the remainder of this agreement.
A force majeure event constitutes any event which is neither foreseeable nor objectively attributable to the Team and which is objectively likely to delay the performance of its contractual obligations, including but not limited to natural phenomena, government measures, acts of terrorism, demonstrations, fires, explosions, floods, epidemics, pandemics, factory blockages, telecommunication problems, internet unavailability, strikes or other labor disputes (whether or not such disputes involve the parties’ employees), accidents, plant breakdowns, impediments or delays by carriers, impossibility or delay in obtaining supplies or appropriate and necessary equipment, seizures, sequestrations or other measures taken by or on the order of a competent authority and all other acts.
14. Privacy Policy
The team behind BENiBOT does not collect or store personal data, if at any time this may change see our privacy policy.
15. Miscellaneous
15.1 Feedback The Team appreciates and encourages you to provide feedback to BENiBOT. If you provide feedback, you agree that the Team is free to use it and may permit others to use it without any restriction or compensation to you. All feedback, comments, and other communications relating to BENiBOT can be directed to: https://t.me/BENiBOTSupport
15.2 Tax Considerations It is your sole responsibility to seek relevant tax advice to comply with any applicable tax obligations in whichever jurisdiction and to measure the tax impact of the use of BENiBOT and the use of the features offered thereon.
15.3 Individual Contractors These Terms do not create a principal or agent, employer or employee partnership, joint venture, or any other relationship except that of independent contractors between the Parties. Nothing contained herein shall be construed to create or imply a joint venture, principal and agent, employer or employee, partnership, or any other relationship except that of independent contractors between you and the Team, and neither party shall have any right, power, or authority to create any obligation, express or implied, on behalf of the other in connection with the performance hereunder.
15.4 Entire Agreement and Severability These Terms contain the entire agreement between Team and the Users regarding the subject matter hereof and supersede all understandings and agreements, whether written or oral. If any provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms or invalidate or render unenforceable such provision in any other jurisdiction. Upon such determination that any provision is invalid, illegal, or unenforceable, these Terms shall be modified to effectuate the original intent of the Parties as closely as possible.
15.5 Governing Law and Jurisdiction These Terms shall be governed and construed in accordance with the substantive laws of Switzerland. The application of the United Nations Convention on Contracts for the International Sale of Goods shall be excluded. Any dispute arising out of or in conjunction with these Terms shall be submitted to the exclusive jurisdiction of the ordinary courts of the city of Zug, Switzerland.
15.6 Class Action Waiver To the fullest extent permitted by applicable law, the User waives the right to participate in a class action lawsuit or a class-wide arbitration against the Team and its affiliates in that entity (bearing the majority of the voting rights attaching to all the shares in that entity or having the power to control by any means the composition of the board of directors of that entity) or any individual or entity involved in the provision of BENiBOT and the BENiBOT Wallet.
15.7 Blockchain Specification BENiBOT operates on the BASE Ethereum Chain, and all transactions and activities associated with BENiBOT are conducted on this blockchain. The User acknowledges and agrees to comply with all relevant blockchain-specific rules and protocols.