TERMS AND CONDITIONS – USER AGREEMENT
These Terms and Conditions-User Agreement (“Terms”) constitute a legal agreement between you, as the User of the website accessible at the URL address www.bhero.com (“Platform” or “BHero Launchpad”) and BH Network International S.R.L.-the entity who owns and operates the BHero Launchpad. In these Terms, we will refer to you as “You” or “Your,” and we will refer to BH Network International S.R.L as “We” or “Us.”
These Terms are applicable to You, in your capacity as a visitor of the website www.bhero.com and as a user of BHero Launchpad, as well as the beneficiary of all services, tools, features, and information made available on the BHero Launchpad (“Services”).
BHero Launchpad is offered subject to Your acceptance of all of the terms and conditions contained herein and all other operating rules policies (including, without limitation, Our Privacy Notice) that may be published from time to time on BHero Launchpad. When accepted by You, these Terms and any documents We refer to, together with any operating rules and policies, form a legally binding agreement between You and Us. We refer to all these documents as the “Agreement.”
In case You do not wish to continue to be bound by these Terms, please stop using BHero Launchpad now.
You expressly agree to these Terms, and You acknowledge that We will consider Your access to and use of our BHero Launchpad as acceptance of these Terms and consequently of the Agreement, as defined above.
Please note that You are responsible for checking our website www.bhero.com periodically in order to review the current version of the Terms and the other operating policies rules to familiarize yourself with any changes to them.
Please read the Agreement carefully before accessing or using BHero Launchpad. By accessing or using any part of BHero Launchpad, You agree to become bound by the terms of the Agreement.
If You do not agree to all the terms of the Agreement, please do not access or use the BHero Launchpad.
We reserve the right, at Our sole discretion, to make changes to these Terms, to modify or replace any part. Such changes shall be binding on users of the BHero Launchpad and shall take effect immediately upon posting. It is Your responsibility to check the Terms periodically for changes.
You hereby agree to observe any changes, variations, or modifications to our Terms, and Your continued use of or access to BHero Launchpad following the posting of any changes to the Terms constitutes acceptance of those changes. If You do not agree to the changes, You must stop the use of BHero Launchpad and related Services.
If there is a conflict between two versions of the Terms that You have agreed to or been deemed to have agreed to, the latest version shall prevail unless expressly provided otherwise.
About BHero Launchpad
BHero Launchpad is a platform that allows natural persons, representatives of legal persons, or any other entities (“Users” or “You”) who meet the criteria and conditions stipulated by these Terms to access early-stage crypto projects before they enter into the mainstream and participate in their public sales rounds (“Projects”).
BHero Launchpad consists of a software platform that facilitates the access of Users to certain Projects published on it. In this respect, the User may be required to connect his wallet to BHero Launchpad to gain access to some of the services provided by Us. Please note that We are not responsible for any loss or damage that may arise from such integration.
You hereby declare that You fully understand that the Our Services involve nascent technologies, and the usage of such Services could result in partial or complete loss of funds, and consequently, You undertake the risk associated with the use of nascent technologies.
BHero Launchpad may be seen as a User-controlled wallet due to the fact that only the user has control over his funds.
You hereby declare that You fully understand that if You lose your recovery words (and the private keys associated with Your wallet), you will not be able to access Your wallet and Your funds.
We do not have access to your recovery words (and the private keys associated with Your wallet), You are the only one who has access to them.
Our Privacy Notice and Cookies Policy located at www.bhero.com sets out the details of how Your personal data will be processed by Us following Your use of the BHero Launchpad.
BH Network International S.R.L is the owner of BHero Launchpad.
We and Our affiliates hold all legal rights in BHero Launchpad or related to BHero Launchpad, including all intellectual property rights.
BHero Launchpad may include at any given time text, graphics, logos, icons, images, sound clips, video clips, and data compilations, and BHero Launchpad’s page layout, underlying code, and software. All rights in all text, graphics, logos, icons, images, sound clips, video clips, data compilations, designs, software code, characters, layouts, buttons, color scheme, and any other intellectual property rights (“IP”) are Our property (i.e., BH Network International S.R.L) as well as of our affiliates or third parties with whom We do business, and this means that they are protected by the Law no. 8/1996 on copyright and neighboring rights, the relevant intellectual property laws and other relevant legal provisions.
You may not, without Our prior written consent:
Your use of BHero Launchpad does not grant You any rights other than those granted to You under these Terms. Nothing contained on BHero Launchpad or any communications to You shall be construed as granting, by implication or otherwise, any license or right to use any IP without Our prior written consent.
If You create a hyperlink to BHero Launchpad, the hyperlink and context in which it is used may not, without Our prior written consent, suggest an endorsement, sponsorship, or affiliation with Us, our affiliates, and may not make use of any of Our IP other than that contained within the text of the hyperlink.
We do not intend, and We do not provide any investment or financial advice or recommendations whatsoever. In this respect, We cannot provide You with any investment, legal, financial, taxation, or other advice in connection with your financial or investment decisions.
Nothing on the BHero Launchpad or in any communications (including the marketing communications) which We are sending to You is intended to represent the investment or financial advice or a recommendation in this respect.
You should conduct Your own research and due diligence investigation to properly evaluate the benefits and risks of any investment or financial transaction performed on or in connection to BHero Launchpad.
In case You need or want any advice, You should consult an appropriate professional financial, legal, taxation, investment advisor, or another advisor in connection with any investment or financial transaction performed on or in connection to BHero Launchpad.
We provide just advice on the technical use of the BHero Launchpad.
The content and materials available on BHero Launchpad and from Our communications are for informational purposes only and are not intended to address Your particular requirements.
The content and materials available on BHero Launchpad do not constitute any form of investment/financial advice or recommendation by Us, should not be regarded as an offer, solicitation, invitation, or recommendation to invest, and is not intended to be relied upon by You in making any specific investment or other decisions.
Any data or information contained on BHero Launchpad do not constitute investment advice. We shall not be responsible for any loss arising from any investment based on any information or data provided on BHero Launchpad.
BHero Launchpad is provided on an “as is” and “as available” basis. We hereby disclaim all warranties of any kind, express or implied, including, without limitation, fitness for a particular purpose and non-infringement. We are not making any warranty that BHero Launchpad will be error-free or that access thereto will be continuous or uninterrupted (from time to time, access may be interrupted, suspended, or restricted, as indicated below or due to the fact that We are carrying out planned maintenance).
You understand that You obtain content or services through BHero Launchpad at Your own risk.
We do not promise or guarantee that:
a. BHero Launchpad is free of viruses or errors, its content is accurate, that its functioning will be uninterrupted, or that defects will be corrected;
b. the Services will be available at all times;
c. access to BHero Launchpad, any part of the Services, our Terms, and other information provided by Us on BHero Launchpad will be continuous, uninterrupted, timely, error-free, or omissions-free.
We have the right to limit, at Our sole discretion, the availability of BHero Launchpad to any person, geographic area, or jurisdiction and/or to prohibit Your access to and use of the BHero Launchpad at any time.
No part of BHero Launchpad is intended to constitute advice, and the content of BHero Launchpad should not be relied upon when making any decisions or taking any action of any kind.
We will not be liable in any way for any damage or loss arising from the use or inability to use BHero Launchpad.
We shall not be liable in connection with any error or inaccuracy in the data entered by You or another user or any misrepresentation or willful misconduct or any other user.
We shall not be liable to You for any indirect, consequential, special or punitive loss, damage, cost or expense ( including legal costs), unforeseeable losses or damages, loss of profit, loss of business, lost or wasted management time or time of other employees, loss of reputation, depletion of goodwill or loss, damage or corruption of data.
We may modify, suspend or discontinue, temporarily all or any part of our Services with or without notice, as per Our decision. We reserve the right, at any time and for any reason, to discontinue, redesign, modify, enhance, change, patch the software and/or the services, including without limitation, the structure, specifications, ‘look and feel,’ navigation, features and other elements of the software and/or the Services or any part thereof. You agree that We will not be liable to You or to any third party (for whom You may be acting) for any modification, suspension, or discontinuance of all or any part of our Services or BHero Launchpad.
You may request to terminate your account at any time by contacting us at firstname.lastname@example.org. Upon termination of these Terms or your account, your right to use BHero Launchpad is terminated, and you must immediately cease using BHero Launchpad.
Please note that these terms include additional provisions that you should carefully read, such as provisions regarding the warranty, limited liability, indemnification, and assignment.
Please read the Terms carefully. By signing up to, accessing, or using BHero Launchpad, you agree to these Terms and any amendments thereto. If you do not agree to these Terms, you may not access or use BHero Launchpad.
1. THE ACCESS TO BHERO LAUNCHPAD
BHeroLaunchpad is offering to its Users the possibility to access from a technical perspective certain Projects for the purpose of participating in their public rounds (public sales).
The Users’ access is conditioned to having a private key the Users manage, this being the only way a transaction can take place.
For the avoidance of any doubt, neither BHeroLaunchpad nor its affiliates can access the Users’ crypto assets (“Assets”) or their private keys (“Private Keys”) without their volition and consent.
Through BHero Launchpad, the Users can also access and view the balance of their Assets. The fiat value of User’s Assets as displayed through BHero Launchpad is only an estimate depending on relevant exchange rates of fiat currencies and the valuation of crypto-assets which are constantly changing.
We do not warrant nor make any representations as to the accuracy of the fiat value displayed through BHero Launchpad. For the avoidance of any doubt, fiat currency means any currency issued by a central bank of states, such as the US Dollar, Euro, Ron, etc.
In order to use BHero Launchpad, you must be an individual 18 years of age or older and register with a personal User account. When You register with BHero Launchpad, We will ask You to provide us with the details mentioned in our Privacy Notice. (“Registration Information”).
You hereby acknowledge and accept that We or any third party may need to undertake certain KYC activities and/or AML verifications, including collecting certain personal data from You.
Upon request, You shall provide all information and documents that We or the third party above-mentioned, in its sole discretion, deems necessary or appropriate to conduct KYC and/or AML verifications or as they are/ become required by the applicable legal provisions.
We reserve the right to request additional information to verify your identity, during the registration process, at any time throughout your use of BHero Launchpad, or when you submit requests related to your User account being able to unilaterally suspend or terminate your User account or Your access to BHero Launchpad if the information provided contradicts the information submitted previously, if We consider that the information is false, deceptive or offensive, or if We believe that you breached these Terms.
Please note that BHero Launchpad’s features are activated and available only to Users who have successfully completed the sign-on process and, if applicable, certain KYC and AML processes.
Use of BHero Launchpad may not be available to You, in whole or in part, in certain regions, countries, or jurisdictions, in order to comply with certain rules and regulations, meaning that the use of BHero Launchpad is currently provided in specific regions, countries or jurisdictions and will be expanded to other territories at our discretion.
Users in certain regions may have different Terms applicable to them, which are to be enacted and updated by Us from time to time.
By using BHero Launchpad, You acknowledge, represent, and warrant that:
If you breach any warranty or representation made under this Agreement, We may suspend or terminate the provisions of Services and prohibit Your access to the website and BHero Launchpad.
We reserve the right to deny, suspend or terminate your User account or your access to BHero Launchpad or our Services to any user, but not limited to the following reasons:
Please note that the Services allow You to interact directly with the Elrond blockchain and maybe with other blockchains as well (Ethereum, Binance, etc.), while You remain in full control of, and always responsible for, Your own Private Keys and Assets.
As an un-hosted wallet where You are responsible for your own Private Keys and Assets, please be informed that these Services are not regulated by any financial authority, and the Assets that you may store, exchange, and transfer using Services are not covered or underwritten by any issuer, insurer, government, or central authority.
When You access certain features, you will be able to perform a variety of actions with different Assets. You will be requested to verify your e-mail address through an attestation process.
Please note that You will not give Us control or access to any of your Assets, and Your Assets are not held in BHero Launchpad but are on the Elrond blockchain or, if the case, on another blockchain(s) and ‘viewed’ through BHero Launchpad, and We do not control the blockchain(s) or your Assets.
We do not collect or hold your private keys, and We cannot access accounts; recover keys, passwords, or other information; We cannot reset passwords or reverse transactions.
You will maintain the security and confidentiality of Your private keys, recovery keys, passwords.
You are solely responsible for Your use of the Services, including, without limitation, for storing, backing up, and maintaining the confidentiality of your keys, passwords, and information, and for the security of any transactions you perform using the Services.
Thus, you expressly hereby relieve and release Us from any and all liability and/or loss arising from Your use of the services.
Users interacting with crypto-assets should be aware that such assets involve risks, including the risk of loss of some or all assets. Losses are not insured, and You assume full responsibility for all losses. You are advised to exercise caution, conduct research, and not to transact more than you can afford to lose.
BHero Launchpad does not facilitate the storage, the exchange from crypto to fiat, or sending of fiat currencies.
4. ACCEPTABLE AND PROHIBITED USE OF BHERO LAUNCHPAD
The following terms define the acceptable use of BHero Launchpad and the content available therein. You agree to observe all applicable laws in relation to the legal utilization of BHero Launchpad in Your local jurisdiction as well as other laws and regulations applicable to Users. Users must also observe to the extent of their local laws all aspects of taxation, the withholding, collection, reporting, and remittance to their appropriate tax authorities.
When using BHero Launchpad, You shall not:
– use any robot, spider, crawler, scraper, or other automated means or interface not provided by Us to access BHero Launchpad to extract data;
-introduce any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism, or other harmful material into the website;
-breach these Terms or any part of the Agreement;
-interfere with, burden, or disrupt the functionality of BHero Launchpad;
-breach the security of BHero Launchpad or publicly identify any security vulnerabilities in it;
-circumvent or manipulate the operation or functionality of BHero Launchpad, or attempt to enable features or functionalities that are otherwise disabled, inaccessible, or undocumented in BHero Launchpad;
-send automated or machine generated queries;
-use applications to collect and compile content from BHero Launchpad or send data to BHero Launchpad, including for the purposes of competing with BHero Launchpad, or in such ways, that may impair or disrupt BHero Launchpad’s functionality;
-display or embed content from BHero Launchpad, including by any software, feature, gadget, or communication protocol, which alters the content or its design;
-impersonate any person or entity, or make any false statement pertaining to Your identity or affiliation with any person or entity;
-collect, harvest, obtain or process personal information regarding BHero Launchpad’s Users, without their prior explicit consent;
-abuse, harass, threaten or intimidate other Users of BHero Launchpad;
-link to BHero Launchpad from web pages or applications that contain pornographic content or content that encourages racism or wrongful discrimination;
-engage in any activity that constitutes a criminal offense or gives rise to civil liability;
-transfer Your account on BHero Launchpad to another person;
-infringe the Intellectual Property or any other rights;
-breach any applicable legal provisions.
You are solely responsible for the content you make available through BHero Launchpad and for the consequences associated with doing so.
We may, in a unilateral way, temporarily or permanently suspend the use of or revoke Your account if We believe You have breached these Terms or exhibit behavior that raises suspicion of criminal activity.
As above -stated, We do not intend, and We do not provide any investment or financial advice or recommendations whatsoever. In this respect, We cannot provide You with any investment, legal, financial, taxation, or other advice in connection with your financial or investment decisions.
You should conduct your own research and due diligence investigation to properly evaluate the benefits and risks of any investment or financial transaction performed on or in connection to the BHero Launchpad.
You agree to be held completely and fully responsible for your decisions.
We do not guarantee in any way the completeness or accuracy of the information presented on BHero Launchpad.
We cannot assure You, and We assume no responsibility that the information related to the Projects from BHero Launchpad is complete, accurate, up-to-date, or error-free, and We will not be liable to You for any loss, damages, or costs if it is not.
To the extent that any additional information constitutes links to other websites or third-party contact details, We take no responsibility for the availability or accuracy of such websites or contact details or the acts of such third parties.
We shall not be held liable for any errors in actions taken in reliance to the information related to the Projects, including with respect to the release of any funds or other similar activities which can be performed on BHero Launchpad.
BHero Launchpad is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to You in connection with any decisions or activities effected by you using the Services. As above-mentioned, no communication or information provided to You through BHero Launchpad is intended as or shall be considered or construed as investment advice, financial advice, trading advice, or any other type of advice.
Neither BHero Launchpad nor its affiliates recommend that any Assets should be bought, earned, sold, or held by You. Before making the decision to a transaction with any of your Assets, you should conduct your own due diligence and seek advice from your financial advisors prior to making any investment decision.
BHero Launchpad will not be held responsible for Your decisions to buy, sell, or hold Assets based on the information provided via BHero Launchpad.
6. RISK OF FINANCIAL LOSS
The crypto-assets supported by BHero Launchpad are part of a new asset class and present a risk of financial loss. You should also be satisfied that the crypto-assets are suitable for You in light of your circumstances and financial position.
Crypto assets are digital assets with high volatility. Crypto-assets are not appropriate for all investors. You should not deal in Crypto-assets unless You have the necessary knowledge and expertise, understand these digital assets’ characteristics, and your exposure to risk.
No recommendation is made herein as to the advisability of purchasing crypto-assets.
Crypto-assets should be seen as high-risk digital assets, and You should never invest funds that You cannot afford to lose.
7. FEE-BASED AND FREE OF CHARGE SERVICES
Access to BHero Launchpad may be offered to You without any costs for a limited period of time (“Free Access”). The Free Access period and the duration of it is and will be determined exclusively by Us as additional features and services might be introduced in the future, which will not be included as part of your Free Access. These additional features and services might be subject to payment of the applicable fees (“Fees”) in accordance with the packages, schemes, and amounts presented to You, either upon registration or at a later time.
Free Access to BHero Launchpad is guaranteed for a determined period of time only at Our sole discretion, after which access to BHero Launchpad might be subject to payment of Fees. If You benefited from Free Access prior to that change, You would still be able to access BHero Launchpad for free (excluding any additional pay for services presented by Us), provided You abide by these Terms and use your Free Access only for one account on one device at a time (i.e., each User is entitled to receive a Free Access benefit only once).
All state and/or local income and other taxes, if any, are the User’s sole responsibility. Our Services may trigger the User’s obligation to pay taxes, depending on the crypto-asset, on each state, and local tax laws applicable to the User. All Users are solely responsible for reporting such crypto-assets on their tax returns or similar and observing/paying any associated taxes, as the case may be.
The payment of taxes is entirely Your responsibility, and please note that We will not deduct or withhold any taxes for You or provide You with any information with respect to Your tax position or liability. If You have any questions with respect to tax matters, You should consult a professional advisor.
9. INTELLECTUAL PROPERTY
All content included in the website or made available through BHero Launchpad and Services, including but not limited to all copyright, trademarks, patents, service marks, domain names, trade names, rights in designs, software code, icons, logos, characters, layouts, rights in know-how, trade secrets, buttons, color scheme, graphics and any other intellectual property rights (“IP”) is the exclusive property of Us, our affiliates or our licensors and is protected by local and international intellectual property laws and treaties.
You may not modify, copy, distribute, reverse engineer, or create derivative works of Our IP in any way or by any means.
You shall not use any name, trademark, logo, or domain name that is confusingly similar to our trademarks, logos, and Internet domain names.
We may, at Our sole discretion, provide You with marketing and promotional materials pertaining to BHero Launchpad. We hereby grant You, during the term of these Terms, a non-exclusive, non-transferable, limited right to reproduce or copy the provided materials for the sole purpose of promoting and marketing BHero Launchpad to potential Users.
Nothing herein shall grant You any ownership, title, or any other rights in these materials, but only limited rights of use as described above.
10. THIRD-PARTY PLATFORMS/ WEBSITES
BHero Launchpad may contain hyperlinks or references to third-party websites or platforms. Any such hyperlinks or references are provided for Your information and convenience only. We have no control over third-party websites or platforms, and We have no legal responsibility for any content, material, or information contained in them.
The display of any hyperlink and reference to any third-party website or platform does not mean that We endorse that third party’s website, platform, products, or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.
For example, you may “share” your activity on BHero Launchpad and invite your friends to use BHero Launchpad through social network websites. Other third-party platforms may provide You the ability to purchase crypto-assets with fiat currencies may provide You different services applicable to Your Assets, such as purchasing crypto with fiat currency or staking.
The responsibilities, obligations, and liabilities of third-party platforms/ websites are as indicated in their respective terms and conditions.
11. USER ACKNOWLEDGMENTS
The User hereby acknowledges and agrees that:
-BHero Launchpad does not issue, subscribe, place or accept any funds;
-the role of BHero Launchpad is solely a technical and marketing vendor for the Projects, providing the technology for facilitating the launch and sale of the Assets;
-the issuer and seller of the crypto-assets is the Project owner, meaning a company that is different from Us;
-BHero Launchpad will be relying on, and is so entitled to rely on, upon the information, representations, warranties, and covenants made by the Project owners via their own terms and conditions and related policies;
-BHero Launchpad has no liability in respect to the accuracy of the information related to the Projects;
-the Projects initiators are providing to Us the information related to the Projects to be published on BHero Launchpad;
-BHero Launchpad does not offer or sell any Assets for or on behalf of any Project and also does not accept any proceeds from the public sale conducted by the Project;
-the Services provided by BHero Launchpad do not constitute financial or legal advice which requires licensing or other approvals, and the User is not permitted to rely upon the Services at such;
– BHero Launchpad does not independently verify information regarding the Projects and does not endorse the Projects for investment. Although We evaluate potential Projects to determine which Projects will be available as potential investments for Users, please note that this evaluation does not constitute an endorsement or a recommendation from Our part that You should invest in any particular Project and does not establish an advisory relationship between Us and You. For the avoidance of any doubt, We are not Your advisor in connection with the Projects presented on the BHero Launchpad.
-BHero Launchpad shall not be held liable with respect to any Project’s activity, as well as its past, present, or future performance or non-performance;
-BHero Launchpad is not responsible for the information from the White Papers. For the avoidance of any doubt, the information from the White Papers is provided by the initiators of the Projects to be published on the BHero Launchpad;
-You should consult Your own legal, tax, investment, and financial advisors regarding the suitability, desirability, and appropriateness of participating in the Projects. BHero Launchpad does not advise You on the merits of Your investment and does not provide any other advisory services to You.
-any smart contracts you interact with are entirely Your own responsibility and liability, and We are not a party to the smart contracts;
-there may be a delay in Your access or use of your crypto-assets which may determine a decrease of the crypto-assets value or your inability to complete a smart contract.
-BHero Launchpad will not conduct the KYC/AML process of the Projects. A third-party services provider is used for the KYC process. The KYC process is in relation to the Projects and represents an obligation in connection solely with each Project. BHero Launchpad is only facilitating access to the Project’s own KYC/AML process or third-party provider performing the KYC process, as the case may be.
12. DISCLAIMER OF WARRANTY
BHero Launchpad is provided on an “as is” and “as available” basis, with all faults. No warranty or representation (express or implied) is granted by Us (including Our officers, directors, shareholders, employees, sub-contractors, agents, and affiliates) that the BHero Launchpad will be of satisfactory quality, that it will be fit for a particular purpose, that it will be compatible with all systems, or with respect to title, compatibility, performance, security, accuracy, or expected benefits.
We do not warrant that :
We do not promise or guarantee that:
For the avoidance of any doubts, any representation or other affirmation of fact, including statements regarding capacity, suitability for use or performance of BHero Launchpad, or the content presented on, or through BHero Launchpad, whether or not or supposed to be made by any of our directors, officers, employees, collaborators, which is not expressly contained in these Terms, shall not be considered to be a warranty by the involved persons for any purpose, or give rise to any liability of our employees, officers, directors, and collaborators whatsoever.
We shall not be liable for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, or special damages arising from Your use of the BHero Launchpad or any information contained in it. You are using the BHero Launchpad at Your own risk.
13. LIMITATION OF LIABILITY
We (including our officers, directors, employees and collaborators), shall not be liable to You for any direct, indirect, consequential, special or punitive loss, damage, cost or expense (including legal costs), unforeseeable losses or damages, loss of profit, loss of business, lost or wasted management time or time of other employees, loss of reputation, depletion of goodwill or loss, damage or corruption of data or any similar damage or loss costs, expenses and payments, arising from, or in connection with the content, the fees, the use of, or the inability to use BHero Launchpad or its features, or from any failure, error, or breakdown in the function of BHero Launchpad, or from any fault, or error made by our officers, directors, employees, directors and collaborators or from your reliance on content available on BHero Launchpad, or from any communication through BHero launchpad, or with other users on BHero Launchpad, or from any denial or cancelation of your user account, or from retention, deletion, disclosure and any other use or loss of your content on BHero Launchpad.
Subject to further limitations and exclusions set forth herein, We will indemnify You for any proven damages by a definitive court decision caused to You by any exclusive willful breaches by Us of these Terms. In this respect, Our total maximum and aggregate liability to You for direct damages proven as above-mentioned shall be limited to half of the fees You paid us (if any) in the twelve months preceding the event purportedly giving rise to the claim.
We will be fully released from Our obligations and liability to You if You have breached these Terms or if, through Your use of BHero Launchpad, You infringed or breached any other person’s rights.
You will indemnify, defend and hold harmless at your own expense, BHero Launchpad, our representatives and agents, and anyone acting on Our behalf, from and against any damages, costs, and expenses, including attorney’s fees and costs, third party claims, demands, liabilities, resulting from any claim, allegation or demand, connected with your use of BHero Launchpad, your breach of these Terms, infringement of any other person’s rights.
You shall be liable to Us for any loss or damage suffered by Us as a result of any breach of these Terms or of any use of the BHero Launchpad that is fraudulent or represents willful misconduct.
15. CHANGES AND AVAILABILITY
Changes on BHero Launchpad
We may modify, suspend or discontinue, temporarily all or any part of Our Services with or without notice, as per Our decision. We reserve the right, at any time and for any reason, to discontinue, redesign, modify, enhance, change, patch the software and/or the Services, including without limitation, the structure, specifications, ‘look and feel,’ navigation, features and other elements of the software and/or the Services or any part thereof. You agree that We will not be liable to You or to any third party (for whom You may be acting) for any modification, suspension, or discontinuance of all or any part of our services or BHero Launchpad.
We may, at any time and without prior notice, change the layout, design, scope, features, or availability of the BHero Launchpad. We may also remove User content if we deem it necessary for operational reasons.
The availability, functioning, quality, and functionality of BHero Launchpad depend on various factors, including software, hardware, and communication networks, which are provided by third parties, at their responsibility. These factors are not fault-free.
Cancellation of your account
You may, at any time, request to terminate your account by contacting us at email@example.com.
Upon termination of Your account, You will lose your right to use BHero Launchpad, and you must immediately cease using BHero Launchpad.
Termination of BHero Launchpad operation
We may at any time discontinue, suspend or terminate the operation of BHero Launchpad, or any part thereof, temporarily or permanently, for all Users, or for certain Users, without any liability to You, by written notice.
17. GOVERNING LAW, JURISDICTION
Regardless of Your place of residence or where You access or use BHero Launchpad from, these Terms and your use of BHero Launchpad will be governed by and construed solely in accordance with the laws of Romania.
The competent courts in Romania will have exclusive and sole jurisdiction over any dispute, claim, or controversy relating to BHero Launchpad or with respect to any matter relating to these Terms. You hereby expressly consent to personal jurisdiction in Romania and expressly waive any right to object to such personal jurisdiction or the non-convenience of such forum.
Notwithstanding the foregoing, We may submit a claim against You pursuant to the indemnity clause above in any court adjudicating a third party claim against us.
You may not assign or transfer any right to use the Services or any of your rights and obligations under these Terms without Our prior written consent, including any right or obligation related to the enforcement of laws or the change of control. Any attempted or actual assignment by You, without our prior written consent, shall be null and void.
We may assign or transfer any or all of Our rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent/approval.
18. CHANGES IN OWNERSHIP
In case of mergers and acquisitions, change of control, or other similar operation, We may, without notice or obtaining your consent, assign and delegate these Terms, including all of our rights, performances, duties, liabilities, and obligations contained herein, to a third party.
If any provision of these Terms shall be judicially determined to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions thereof shall not in any way be affected or impaired thereby.
20. FORCE MAJEURE
We will not be liable for any delay or failure to perform as required by these Terms because of any fortuituous case or force majeure case, as defined by the Romanian law
The section headings in these Terms are included for convenience only and shall take no part in the interpretation or construing of these Terms. Whenever used in these Terms, the term “Including,” whether capitalized or not, means without limitation to the preceding phrase. All examples and, e.g., notations are illustrative, not exhaustive.
These Terms supersede all prior and contemporaneous negotiations and oral representations, agreements, and statements.
No waiver, concession, extension, representation, alteration, addition, or derogation from these Terms by us or pursuant to these Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative. Failure on Our part to demand performance of any provision in these Terms shall not constitute a waiver of any of our rights under these Terms.
These Terms do not create any agency, partnership, employment, or fiduciary relationship between You and Us.
24. CONTACT US
At any time, you may contact us with any question, request, comment, or complaint that You may have with respect to BHero Launchpad or these Terms at firstname.lastname@example.org.
Explore CEX, DEX, and card-based transactions to purchase BHAT tokens.