This Disclaimer (the “Disclaimer”) applies to your (“Purchaser”) purchase of the BETR token and/or (User) use of “BETR Technology”, including https://betrodds.io/ https://betrwallet.com/ and BETR App, the technology and the platforms integrated therein and any applications associated therewith, which are developed and maintained by the BETR Sihtasutus (Foundation), Faehlmanni 5, 10125 Tallinn, Estonia (“BETR”, “We”, or “Us”) and explained in detail in the website https://betr.org .
1.1 “Communications” shall mean all and any communication, agreement, document, receipt, notice and disclosure, which may be from time to time addressed to User by BETR.all
1.2 “BETR tokens” shall mean the BETR betting cryptocurrency issued by the BETR Foundation.
1.3 “ICO” shall mean the Initial coin offering of the BETR tokens as set forth in these Terms;
1.4 “Whitepaper” shall mean the informative document describing the technical and business aspects of the BETR tokens and the Platform
1.5“Crypto assets” shall mean such type of assets which can only and exclusively be transmitted by means of blockchain technology, including but not limited to digital coins and digital tokens and any other type of digital mediums of exchange, such as BETR, Bitcoin, Ethereum (ETH), etc, to the full and absolute exempt of the securities of any kind.
1.6 “Feedback” is any feedback, suggestion, idea or other information or material regarding BETR or our Services that you provide, whether by email, posting through our Services or otherwise.
1.7 “Force Majeure Event” shall be understood as any event beyond BETR’s reasonable control, including but not limited to the flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, suspension of bank accounts of any kind, extraordinary leaps of the course of crypto asset, communications, network or power failure, or equipment or software malfunction or any other cause beyond BETR’s reasonable control.
1.8“BETR IP” shall mean all and any copyright and other intellectual property rights in all content and other materials contained on BETR Technology or provided in connection with the Services, including, without limitation, the BETR name, trademark and BETR logo, the BETROdds name and logo, the BETRWallet name and logo and all designs, text, graphics, pictures, information, data, software, technologies, know-hows, sound and video files, other files and the selection and arrangement thereof.
- 2. WARRANTIES, REPRESENTATIONS AND COVENANTS
2.1 It is a pre-condition that our Services are only provided to those who are permitted to enter into legally binding relationships. Therefore, if there is any reason why you are not able to enter into legally binding relationships with Us, for whatever reason – do not use our Services.
2.2 You further represent and warrant that you:
(a) are at least 18 years old or of other legal age, according to your relevant jurisdiction;
(b) have not previously been suspended or removed from our Services;
(c) have full power and authority to enter into this legal relationship and by doing so will not violate any other legal relationships;
(d) use BETR Technology for your own benefit and do not act on behalf and/or to the interest of any other person;
(e) will not use our Services or will immediately cease using those if any applicable law in your country prohibits or will prohibit you at any time from doing so;
(f) will not use our Services or will immediately cease using those if you are a resident or become a resident at any time of the state or region (in accordance with such state or region definition of residency), where the crypto assets transactions you are going to execute are prohibited or require special approval, permit and/or authorization of any kind, which BETR has not obtained in this state or region.
2.3 When accessing or using BETR Technology, you further represent, agree and warrant, that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using BETR Technology. Without prejudice to the generality of the foregoing, you represent, agree and warrant, that you will not:
(a) Use BETR Technology in any manner that could interfere with, disrupt, negatively affect or inhibit other users from using BETR Technology with full functionality, or that could damage, disable, overburden or impair the functioning of BETR Technology in any manner;
(b) Use BETR Technology to pay for, support or otherwise engage in any illegal gambling activities; fraud; money-laundering; or terrorist activities; or any other illegal activities;
(c) Use any robot, spider, crawler, scraper or other automated means or interface not provided by Us to access BETR Technology or to extract data;
(d) Use or attempt to use another User account without authorisation;
(e) Attempt to circumvent any content filtering techniques We employ, or attempt to access any service or area of BETR Technology that you are not authorised to access;
(f) Provide false, inaccurate, or misleading information;
(g) Encourage or induce any third party to engage in any of the activities prohibited under this Section.
2.4. You indemnify and hold the BETR Foundation harmless against any claims, demands and damages, whether direct, indirect, consequential or special, or any other damages of any kind, including, but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, originated from or in any way connected with invalidity or breach of any of the warranties, representations and covenants of this section and the entire terms.
- RISK DISCLOSURE
3.1 Investing in cryptocurrency is not without risk. The market can fluctuate, and the value of tokens may rise or fall. You should be diligent in your research and not engage in trading unless you fully understand the nature of the transaction you are about to enter into. Seek advice from a financial advisor if you are in doubt or are not aware of the extent of risk involved.
3.2 You acknowledge and accept that the BETR Foundation has no control over any cryptocurrency network and you understand all risks associated with utilising any crypto assets network, including, but not limited to the risk of unknown vulnerabilities in or unanticipated changes to any network protocol. We will not be responsible for any harm occurring as a result of such risks.
You acknowledge that there are risks associated with utilizing an Internet-based transaction system including, but not limited to, the failure of hardware, software, and Internet connections. You acknowledge that BETR shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the BETR Technology, howsoever caused.
3.3 BETR Technology and its related Services are based on the Blockchain protocol. As such, any malfunction, unintended function, unexpected functioning of or attack on the Blockchain protocol may cause BETR Technology to malfunction or function in an unexpected or unintended manner.
3.4 You agree to indemnify and hold the BETR Foundation harmless against any claims, demands and damages, whether direct, indirect, consequential or special, or any other damages of any kind, including, but not limited to, loss of use, loss of profits or loss of data, whether in an action, in contract, tort (including but not limited to negligence) or otherwise, originated from or in any way connected with your use of BETR Technology, including, but not limited to those arising from your personal error and misbehaviour such as forgotten passwords, incorrectly constructed transactions, loss of your accesses etc.
- 4. SPECIAL CONDITIONS
4.1 We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
4.2 It is your responsibility to determine what, if any, taxes apply to the Transactions you complete via BETR Technology, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that BETR is not responsible for determining whether taxes apply to your transfers or for collecting, reporting, withholding or remitting any taxes arising from any Trades and Transfers and does not act as your tax agent.
4.3 We own exclusive rights, including all intellectual property rights, to Feedback. Any Feedback you submit is non-confidential and shall become the sole property of the BETR Foundation. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including inter alia any copyrights). We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out therein.
- 5. DISCLAIMER OF WARRANTIES. LIMITATION OF LIABILITIES
5.1Except as expressly provided to the contrary in a writing by Us, our services are provided on an “As is” and “As available” basis. We expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to our services, including the information, content and materials contained therein.
5.2You acknowledge that information you store or transfer through BETR Technology may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including but not limited to software failures, protocol changes by third party providers, internet outages, Force Majeure event or other disasters including third party DDOS attacks, scheduled or unscheduled maintenance, or other causes either within or outside our control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through our services.
5.3 Except as otherwise required by law, in no event shall the BETR Foundation, our Founders, officers, members, employees or agents be liable for any direct, indirect, consequential or special damages, or any other damages of any kind, including, but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use our services or the BETR Foundation IP, including without limitation any damages caused by or resulting from reliance by any user on any information obtained from the BETR Foundation, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from a force majeure event, communications failure, theft, destruction or unauthorized access to the BETR Foundation’s records, programmes or services.
5.4 We resume the right, in our sole discretion, to control any action or proceeding (at our expense) to which We are a participant and determine whether We wish to settle it.
5.5 To the maximum extent permitted by applicable law, in no event shall the aggregate liability of the BETR Foundation (including our Founders, officers, members, employees and agents), whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of, or inability to use, BETR or to these terms exceed the fees paid by you to BETR within 3 months immediately preceding the date of any claim giving rise to such liability.
5.6 The BETR Foundation shall not be liable for:
(a) any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information;
(b) any loss or damage arising from a Force Majeure Event.
5.7 We strive to protect our users from fraudulent and scam activities in crypto assets sphere. It is possible that some crypto assets are purposed for unlawful seizure of the property, or are construed as a fraud, scam or any other activity, recognized by the laws as illegal and/or non-compliant with legal requirements. We reserve the right to prohibit and discontinue any transactions on BETR Technology with such crypto asset at our sole discretion, without any prior notice to you and without publication of the reason for such decision, whenever this comes to our knowledge. You indemnify and hold the BETR Foundation harmless against any claims, demands and damages, whether direct, indirect, consequential or special, or any other damages of any kind, including, but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, originated from or in any way connected with prohibition and discontinuation of transactions in BETR Technology with any crypto asset.
- 6. NO OFFER OF SECURITIES
6.1 The BETR Foundation endeavours through all possible measures to ensure that crypto assets that are available via BETR Technology cannot be classified as “security” by SEC and/or other competent national authorities. Moreover, the BETR Foundation represents that it never intended or desired to make tokens and/or coins that can be classified as “security” available via BETR Technology.
6.2 The responsibility for the fact that the instrument cannot be treated as “security” lies with the owner of token and/or coin. If there is any risk or speculations that the token and/or coin can be treated as “security”, the BETR Foundation reserves the right to prohibit and discontinue any transactions on BETR Technology with such tokens and/or coins at its sole discretion.
6.3 We follow the best practices to decide whether the crypto asset is security or not however, We give no warranty and/or investment, financial, legal or any other professional advice, that any crypto asset available via our BETR Technology is not a security.
- 7. APPLICABLE LAW; ARBITRATION
- You and the BETR Foundation agree to arbitrate any dispute arising from these Terms or your use of the Services, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Arbitration prevents you from suing in court or from having a jury trial. You and BETR agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to BETR shall be sent to [email protected].
- The BETR Foundation and the User agree to make good faith efforts to negotiate and resolve any dispute, controversy or claim arising between the Parties relating to these Terms.
- These Terms are governed by the laws of the Republic of Estonia.
- If the Parties, or their representatives, are unable to resolve the dispute within 30 days by negotiations then any dispute, controversy or claim arising out of these Terms, or the breach, termination or invalidity thereof, which the Parties have failed to solve by negotiations, will be settled in Harju County Court.
- If any clause or provision in these Terms is held unlawful, void or unenforceable, then that clause or provision will not affect the validity or enforceability of any of the remaining parts of these Terms.
- 8. MISCELLANEOUS
8.1 We reserve the right to make changes or modifications to this Disclaimer from time to time, in our sole discretion. If We make changes to this Disclaimer, We will provide you with notice of such changes, such as by sending an e-mail, providing notice on the homepage of the Site and/or by posting the amended Disclaimer via the applicable BETR websites and mobile applications and updating the “Last Updated” date at the top of this Disclaimer. The amended Disclaimer will be deemed effective immediately upon posting for any new users of the Services. In all other cases, the amended Terms will become effective for pre-existing Users upon the earlier of either:
(a) the date User clicks or presses a button to accept such changes or;
(b) the date User continues use of our Services after BETR provides notice of such changes or publishes new version of the Disclaimer on the Website.
8.2 Any amended Disclaimer will apply prospectively to use of the Services after such changes become effective. If you do not agree to any amended Terms, you must discontinue using our Services and contact us to terminate your account. This Disclaimer or the Whitepaper have not been subject to any regulatory approvals, checks or registration.
8.3 Headings of sections are for convenience only and shall not be used to limit or construe such sections.
- 9. COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS.
9.1.Unless otherwise indicated by Us, BETR IP is the proprietary property of BETR or our licensors or suppliers and is protected by international copyright laws and other intellectual property rights laws.
9.2.We hereby grant you a limited, non-exclusive and non-sublicensable license to access and use the BETR IP for your personal or business use solely for the purposes of regular use of the BETR Technology.
9.3. Such license is subject to these Terms and does not permit:
(a) any resale of the BETR IP;
(b) the distribution, public performance or public display of any BETR IP;
(c) modifying, adapting or otherwise making any derivative uses of the BETR IP, or any portion thereof; or
(d) any use of the BETR IP other than for the intended purposes.
9.4.The license granted under this Section will automatically terminate if We suspend or terminate your access to the Services.
- 10. THIRDPARTY CONTENT
10.1.While using BETR Technology, you may view Third Party Content. We do not control, endorse or adopt (unless otherwise expressly stated by Us) any Third Party Content and shall have no responsibility for Third Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third Party Content, and your interactions with third parties, is at your own risk.