Terms of Use - BONKbot

LAST UPDATED: 31 AUGUST 2024

PLEASE READ THESE TERMS OF USE BEFORE USING THE BONKBOT APP.

PREAMBLE

BONKbot (“BONKbot”) is provided to you by Triple Spice AG (in formation), domiciled in Switzerland.

The following terms of use (“Terms”) apply to all users of BONKBot (“you”, “your” or “User”) and are entered into by and between you and Triple Spice AG (“we”, “our” or “Company”). The Terms, together with any documents incorporated by reference herein, govern your access and use of BONKbot, including the associated smart contracts (“BONKbot Contracts”) and wallet (“BONKbot Wallet”), third-party services (“Third Party Services”) and third-party integrations thereof (“Integrations”).

BONKbot is accessible through a third-party instant messaging application (“Telegram”) which is subject to distinct Terms of Service as amended from time to time.

By accessing or using BONKbot through Telegram, you additionally signify your consent to these Terms.

We reserve the right to change these Terms at any time in our sole discretion. In this case, we will provide notice by changing the “last updated” date above. All changes to the Terms are effective immediately when published on www.bonkbot.io and notified to you in BONKbot. Your continued use of BONKbot after the date of the updated Terms will constitute your acceptance of the updated Terms.

If you do not agree with these Terms, please immediately cease all use of BONKbot. Your only recourse in the case of disagreement is to stop accessing BONKbot.

We do not have custody over your assets or access to your private keys and cannot initiate a transfer of crypto assets or otherwise access your crypto assets. Neither we nor our service providers are brokers or intermediaries, and are not your agent, advisor, or custodian, and none of the foregoing parties have a fiduciary relationship or obligation to you regarding any other decisions or activities that you effect when using BONKbot or other means to interact with any bloc

By interacting with BONKbot, you acknowledge and assume exclusive and full responsibility for your interactions therewith.

You further acknowledge and accept that the Company is not a custodian of your crypto assets and not a counterparty to your transactions as initiated through BONKbot.

The above acknowledgments include an endorsement of all the inherent risks associated with services provided by BONKbot.

Users are thus advised to proceed with caution and awareness of the potential outcomes of their actions.

  1. BONKBOT Features

1.1 Overview

BONKbot is a trading bot which allows Users to buy, sell and manage their crypto assets on the Solana blockchain (“Network”) via a frontend hosted on Telegram.

The Company reserves the right to add and remove features at any time without prior notice.

1.2 Initializing

Before you can use BONKbot, you must first create an account on Telegram (“Account”), then initiate BONKbot by tapping “Start” on one of the BONKbot instances hosted on its dedicated Telegram channel (“Channel”) through that Account.

To join the Channel, either search for the exact username “bonkbot_bot” on Telegram or use this Telegram link, and press start or send a message with the text “/start”.

1.3 BONKbot Channel

Each Channel is a private communication venue between you and BONKbot.

The Channel does not allow you to communicate with the Company, any representatives thereof or any other individual.

BONKbot as an automated bot is your sole agent with whom you interact through this Channel.

1.4 BONKBOT Control Buttons

You can interact with BONKbot through the control buttons displayed in the Channel (“Control Buttons”) or by directly submitting predetermined messages in the Channel. 

1.5 BONKBOT Wallet

Upon joining the Channel, you will receive a message from BONKbot with the address of your newly created individual BONKbot Wallet to be used as a wallet for your interactions with BONKbot. You can view the public address of your BONKbot Wallet at any time within BONKbot by navigating to the “Wallet” menu or by entering “wallet” into BONKbot.

The private key of your BONKbot 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 have no control over or access to any of your Security Credentials and/or crypto assets. We will not be able to recover, restore, and/or retrieve your Security Credentials and/or your crypto assets in your BONKbot Wallet. You further understand and acknowledge that the security and integrity of your Security Credentials and thus the crypto assets held therein, are largely dependent upon the technical integrity of your device and your maintenance of appropriate confidentiality and security measures for the Security Credentials. 

You acknowledge and agree that if you permanently lose access to your Account, the Company cannot recover funds from your BONKbot Wallet on your behalf. BONKbot is not custodian of the crypto assets held in your BONKbot Wallet and does not have access to your crypto assets. It therefore remains your responsibility to take steps to prevent loss of access to your BONKbot Wallet in case your Account becomes inaccessible for any reason, in particular by retrieving your private key and importing it into another wallet (for instance, Phantom or Solflare). You can fund your BONKbot Wallet by transferring SOL from any other public address over the Network, or if necessary, bridging from another network.

Your BONKbot Wallet can hold any crypto asset hosted on the Network, but BONKbot allows Transactions using exclusively SOL to swap to other crypto assets and with SOL in return for swapped crypto assets. Please note that for legal reasons, the selection of crypto assets held in your BONKbot Wallet that may be displayed and utilised from within the BONKbot Telegram interface may be subject to change. For the avoidance of doubt, the aforementioned relates only to potential restrictions on the BONKbot Telegram frontend - BONKbot is unable to interfere with the underlying custody of such crypto assets, which are solely and exclusively self-custodied by the User.

The BONKbot Telegram interface only supports the withdrawal of SOL tokens. The withdrawal of non-SOL tokens may be conducted at any time via another non-BONKbot wallet. 

If may reset your BONKbot and get a new key pair for a BONKbot Wallet. Please note that without your private key, you will not be able to access the former BONKbot Wallet. Accordingly, assure that you maintain private key in a safe place prior to resetting BONKbot. 

1.6 Transactions

You can use BONKbot to initiate transactions from your BONKbot Wallet by generating standardized transaction messages to buy or sell crypto assets or to manage your positions (“Transactions”).  

Transactions submitted to the Network via BONKbot are executed directly on the Network without any involvement of the Company. BONKbot 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 BONKbot. The Company does not assume any responsibility for BONKbot, regardless of whether or not it is used to effectuate transactions, and shall not be liable for any damages arising out of or related to your use of BONKbot or your inability to use BONKbot to execute transactions.

1.6.1 Trade Crypto Assets

You have the option to trade crypto assets with BONKbot. 

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 ticker is included on the strict list maintained by Jupiter) in the Channel.

Requests are communicated to Third Party Services acting as DEX aggregators which provision a quote for your Request, which BONKbot will compare 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, denominated either in SOL for buy transactions or, if you currently hold the crypto asset, as a % of your current holdings. By submitting a quantity to BONKbot, you acknowledge and agree that the Quote does not in any way constitute a price or execution guarantee, and that factors exogenous to BONKbot including, inter alia, market volatility, network congestion and availability token liquidity on publicly tradable pools, may result in significant deviations from the Quote in the ultimate trade execution.

By submitting a quantity to BONKbot, you acknowledge and agree that you authorize a Transaction to be sent from your BONKbot Wallet directly to the Network, and this Transaction cannot be altered or reversed afterward. Following execution of the Transaction, a block explorer link to the hash of the Transaction will be shown to you in the Channel. 

1.6.2 transaction fees

All Transactions that are executed on the Network, regardless of whether they are initiated on BONKbot, require payment to the Network of Network fees (“Network Fees”) which includes a base Transaction fee (“Transaction Fee”) to have validators process transactions / instructions, a Priority Fee (“Priority Fee”) to boost transactions processing order, and State Rent (“Rent”), which is a withheld balance to keep data stored on-chain. The User agrees and acknowledges that fees charged by third parties must be paid directly by the User to the respective third party, without any involvement of the Company. 

By using BONKbot to initiate and sign Transactions, you acknowledge and agree that Network Fees paid to the Network are not charged, collected or controllable by BONKbot, and are non-refundable under any circumstances, including in the event of failed transactions. 

BONKbot applies a fee to all transactions initiated via BONKbot (the “BONKbot Fee”). The BONKbot Fee charged for transactions are published in our fee schedule: https://docs.bonkbot.io/features/fee-structure.  The User agrees and acknowledges that the Company reserves the right to modify the BONKbot Fee in the fee schedule at its sole discretion at any time. Any changes to the BONKbot Fee will take effect upon publication of the modified fee schedule on the website of the Company via the aforementioned link.

  1. Representation and Warranties

2.1 About the user

By using BONKbot, you represent and warrant that:

  • You are acting: 

    • on your own behalf, and with crypto assets on 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 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 the Terms. 

  • You or your crypto assets are not subject to any individual sanctions or involved in any activities that would cause the Company and BONKbot 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 BONKbot, 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 Network.

  • You have not engaged in and will not engage through BONKbot in any form of market manipulation, insider trading, or other unfair trading practices to be implemented through the BONKbot. 

  • You are not using BONKbot and BONKbot Wallet to transfer and 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 BONKbot and BONKbot 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 judgement, 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:

  1. a jurisdiction in which applicable laws prohibit or otherwise restrict owning crypto assets or transacting therewith, or in which public authorities inflict administrative or criminal sanctions which result in a prohibition of specific activities involving tokens.

  2. 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 Company to comply with specific regulations, notably any filings, and authorizations required thereby.

  3. a jurisdiction blacklisted by the Financial Action Task Force.

  4. a jurisdiction subject to economic and financial sanctions as imposed by the United Nations, United States, European Union or Switzerland.

  5. 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 BONKbot, you represent and warrant that:

  • You have duly read these Terms and are thus aware that any interaction with BONKbot is at your own risk and under your sole responsibility.

  • You have conducted reasonable due diligence on BONKbot 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 BONKbot.

  • 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 Network. Such knowledge and experience are of adequate level considering the value of crypto assets you intend to trade BONKbot.

  1. Crypto Assets

The Company does not endorse any of the crypto assets traded on BONKbot. The Company cannot and does not make any warranties, express or implied, regarding these crypto assets, and in particular their continued availability, suitability, or compliance with the legal framework of any particular jurisdiction.

Crypto assets traded through BONKbot are subject to a myriad of external factors influencing, notably, their utility, price, reliability, and legal status. These factors and their consequences are beyond the Company's purview and control.

The Company 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 BONKbot.

  1. Regulations

The Company does not participate in any of the Transaction conducted by Users via BONKbot. Users should understand that they do not hold any claims against the Company for crypto assets Transactions initiated therewith.

The Company operates out of Switzerland in compliance with Swiss regulations.

You interact with BONKbot at their sole discretion, acknowledging that the regulatory landscape and assurances for these assets and activities may be subject to change, independent of the Company's authority or intervention.

  1. Third Party Services and Links

BONKbot may integrate Third Party Services or contain links to websites and content that are controlled or operated by third parties (“Third Party Links”).

Third Party Services and Third Party Links may result in you being subject to additional terms and conditions as 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 and not the Company. Your contractual relationship is established with the relevant third party and is governed by their terms and conditions. The Company is not responsible for any aspect of and/or for any damages arising out of or related to the Third Party Services and/or Third Party Links.

The Company does not endorse such third party service and Third Party Links, nor does it provide any guarantees. The Company is not responsible for any content contained in or associated with the Third Party Links and the services provides by third party service providers.

Among Third Party Services, the functioning of BONKbot relies on third-party software, including, inter alia: (i) Telegram; (ii) the Network; (iii) decentralised exchanges (“DEX”) and automated market makers (“AMM”) (iv) DEX aggregators (v) Maximum Extractable Value (“MEV”) infrastructure companies, and; (vi) others, as may be utilised from time to time, as well as 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 BONKbot and the BONKbot Wallet negatively. By initiating transactions via BONKbot, you acknowledge and accept that your use of BONKbot 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 BONKbot in the future to deliver its functionality, and you authorize BONKbot to make use of any and all of the Third Party Services listed above, as well as any Third Party Services that may be relied upon by BONKbot in the future to deliver its functionality. You also acknowledge that the above list may not be fully up to date, and the Company is not obligated to notify you of any changes to the Third Party Services that may be relied upon by BONKbot 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 Company 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.

  1. Integrations

BONKbot may integrate with third parties via a Deep Link (or backlink) made available by the Company which directly open BONKbot and facilitate the initiation of transactions for a specific crypto asset.

Any such Integrations by the Company 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.

  1. Intellectual Property Rights

BONKbot and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by Swiss and 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 BONKbot without our prior written consent. The Company name, the Company logo, and all associated names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on BONKbot are the trademarks of their respective owners. Under no circumstances does your use of BONKbot grant you any ownership rights or other interest in any such marks or content on BONKbot.

  1. Risks

Users accept and acknowledge the risks associated with accessing and using BONKbot and that trading cryptocurrencies involves a high level of risk and is not suitable for all investors. Before deciding to access and use BONKbot, you should carefully consider your investment objectives, level of experience and risk appetite.

  1. Downtime

The Company does not warrant that BONKbot operates uninterrupted or error-free.

Since BONKbot is dependent on the availability of Telegram, it may be subject to temporary downtime or degraded performance, itself or because of temporary downtime or degraded performance of Telegram.

As a result of downtime, BONKbot may not be available for an indefinite period.

The Company is not responsible for any damages or losses suffered by a User because of any failure or interruption of BONKbot’s provision of service.

  1. Discontinuation

The Company reserves the right to, at its sole discretion, discontinue BONKbot without any obligation to indemnify any User to the maximum extent permitted by law.

The Company may notably proceed to a shutdown in the following cases:

  • upon occurrence of any force majeure event, and

  • if any law, regulation, rule, or decision of any self-regulatory organization, or ordinance, whether domestic or international, becomes effective which substantially alters the Company’s ability to offer the Interface.

BONKbot is one of the many ways to trade crypto assets held by the User on the public address associated with the BONKbot Wallet. Other wallets may exist, and anyone is free to transact and trade without the intervention or permission of BONKbot.

  1. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless the Company 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 Company, especially, any inaccuracy in any representation or warranty made to the Company 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 BONKbot and the BONKbot Wallet; and

  • any act or omission by you, that is negligent, unlawful, or constitutes willful misconduct.

The Company reserves the right to exercise sole control over the defense, at your expense, of any claim subject to indemnification under this clause.

  1. Disclaimer of warranties

BONKbot and the BONKbot Wallet are provided "as is" and "as available," with no warranties or representations of any kind.

The Company expressly disclaims all warranties and representations, whether express, implied, statutory or otherwise, to the fullest extent permitted by applicable law, concerning BONKbot and the BONKbot 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 BONKbot and BONKbot 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 BONKbot is made at your own risk. You understand and agree that BONKbot is provided on an “as is” and “as available” basis and that the Company 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 BONKbot are your sole responsibility and we shall not be liable for any such decisions.

  1. Limitation of Liability

THIS SECTION IS OF UTMOST IMPORTANCE - PLEASE READ IT IN FULL

To the fullest extent allowed by law, the Company disclaims all liability for

  • any actions taken based on the information provided or using BONKbot and the BONKbot Wallet.

  • for direct or consequential losses or damages arising from accessing and using BONKbot and the BONKbot Wallet. Notably, the Company bears no responsibility for losses stemming from technical and economic vulnerabilities of Third-Party Services and of 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 COMPANY FOR 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 BONKbot and the BONKbot Wallet

  • Transaction conducted through BONKbot and the BONKbot Wallet

  • Any reliance on or decisions made based on the information displayed by BONKbot.

  • A breach of the regulatory framework applicable to a User's situation.

  • Any acts, omissions, statements, or representations made by any third party.

  • BONKbot and the BONKbot Wallet’s failure to operate consistently, especially due to downtime, and the resulting inability for the User to access its functionalities.

THE COMPANY CANNOT BE HELD RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY INFORMATION THAT REVEAL TO BE UNTRUE OR THAT BECOMES INACCURATE OR MISLEADING CONCERNING BONKBOT AND THE BONKBOT WALLET OR CRYPTO ASSETS TRADED THEREWITH, BE IT CONTAINED ON THE WEBSITE OR ELSEWHERE AND PROVIDED BY THE COMPANY ITSELF OR THIRD PARTIES. YOU HEREBY FULLY RELEASE THE COMPANY FOR 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 COMPANY, 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 COMPANY SHALL BE TIME-BARRED.

The Company 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 Company 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.

  1. Privacy Policy

Please see our Privacy Policy to understand how we collect and use and disclose your personal data.

  1. Miscellaneous

15.1 Feedback

The Company appreciates and encourages you to provide feedback to BONKbot. If you provide feedback, you agree that the Company 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 BONKbot can be directed to: info@bonkbot.io.

1.52 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 BONKbot 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 Company, 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 Company and the Users regarding the subject matter hereof and supersedes 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 Company 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 BONKbot and the BONKbot Wallet.