TERMS AND CONDITIONS

These Terms of Use, together with any documents and additional terms they, by reference, expressly incorporated (collectively, these "Terms"), are entered into between Booga Operations IBC. (hereinafter referred to as "OogaBooga", "we", "our" or "us") and the person making use of OogaBooga's services, including, but not limited to, the use of this website (hereinafter referred to as the "User", "you" or "your"). These Terms constitute a binding legal agreement between OogaBooga and the User following such User's acceptance of such Terms.

Within these Terms, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural unless the context otherwise requires.

These Terms and any other terms and conditions incorporated herein by reference govern your access to and use of OogaBooga's Portal and Services. You must read the Terms carefully. By accessing, browsing or otherwise using OogaBooga's Portal or Services, or by acknowledging agreement to the Terms, you agree that you have read, understood and accepted all of the Terms and our Privacy Policy (the "Privacy Policy"), which is incorporated by reference into the Terms.

By accessing or using OogaBooga's Portal or Services, as further defined in Section 1, the User accepts and agrees to be bound by and comply with these Terms, including the mandatory arbitration provision envisaged in Section 18. If the User does not agree to these Terms, such User should not access or use OogaBooga's Portal or Services.

The User must be able to form a legally binding contract online on behalf of a company or as an individual, as outlined in Section 2.

OogaBooga appeals to the User to carefully review the disclosures and disclaimers set forth in Section 14 in their entirety before using any software developed by OogaBooga. Section 14 provides important details about the legal obligations associated with the User's use of the OogaBooga open-source software. By accessing or using OogaBooga's Portal or Services, the User agrees that OogaBooga does not provide execution or clearing services of any kind and is not responsible for executing or clearing transactions automated through the OogaBooga open-source software.

KEY DEFINITIONS

For the purpose of these Terms, the following capitalized terms shall have the following meanings:

  1. "Affiliate" means, with respect to a party to these Terms, any legal entity that, directly or indirectly controls, is controlled by or is under common control with OogaBooga.
  2. "Applicable Law" means any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or other directives, requirement or guideline, published or in force which applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any Governmental Authority having jurisdiction over OogaBooga, the User, the Portal or the Services, or as otherwise duly enacted, enforceable by law, the common law or equity.
  3. "Bera or Hype" means the utility token of the Berachain or Hyperliquid Blockchain that may be used to purchase computational resources to run decentralised applications or perform actions on such Blockchain.
  4. "Berachain or Hyperliquid Address" means the unique public key cryptographic identifier that points to a Berachain or Hyperliquid-compatible wallet to which Bera or Hype may be sent or stored.
  5. "Berachain or Hyperliquid Blockchain" means the underlying blockchain infrastructure OogaBooga leverages to offer its Services.

ELIGIBLE USERS

The following are conditions of access to the Portal, and each time you access the Portal, the User represents and warrants to us that:

  1. The User is an individual that is 18 years of age or older, capable of forming a binding contract with us, and under no legal impediment or incapability;
  2. If the User is acting on behalf of or through a company; the User is an authorised representative of the company and has the authority from that company to access the Portal and form a binding agreement with us on behalf of that company;
  3. The User is not identified as a "Specially Designated National" by the US Office of Foreign Assets Control or otherwise subject to any sanctions or restrictions which may affect our ability to provide the User with our Services;

MODIFICATIONS TO THESE TERMS

In our sole discretion, we reserve the right to modify these Terms from time to time. If modifications are made, OogaBooga will provide the User with notice of such changes by providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, all such modifications are effective immediately, and your continued use of our Services after we provide such notice will be construed as a consensual confirmation of the notified changes.

Where the User does not agree with the modified Terms, such User is to cease from using OogaBooga's Services at once.

SERVICES

4.1 Berachain or Hyperliquid Gas Fees

OogaBooga's Services involve the use of the Blockchain, which requires the payment of a fee, commonly known as the " Berachain or Hyperliquid Gas Fee," paid through Bera or Hype, for the computational resources required to conduct a transaction on the Blockchain successfully. You acknowledge and agree that OogaBooga has no control over: (1) any Blockchain transactions; (2) The method of payment of any Berachain or Hyperliquid Gas Fees; and (3) Any actual payments of Bera or Hype Gas Fees. Accordingly, the User must ensure that he has a sufficient balance of Bera or Hype stored at his Berachain or Hyperliquid Address to complete a Berachain or Hyperliquid Blockchain transaction.

4.2 Conditions and Restrictions

OogaBooga may, at any time and in its sole discretion, restrict the User's access to, or otherwise impose conditions or restrictions upon such User's use of, the Services or the Portal, with or without prior notice. You acknowledge that we may or may not be in a position to provide information about the reasons for such closure or suspension.

DISCLOSURES AND DISCLAIMERS

The Portal and the Services are provided on an "as is" and "as available" basis. The Indemnified Parties make no guarantees in connection with the Portal or the Services. To the maximum extent permitted under applicable law, the Indemnified Parties disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement and disclaim all responsibility and liability for: (1) the Portal or the Services being inaccurate, incomplete, out of date, unreliable, interrupted, untimely, unsecure, or subject to errors or other issues. Information (including, without limitation, the value or outcome of any transaction) available through the Portal is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the Services is at your own risk; and (2) viruses, worms, trojan horses, time bombs, cancelbots, spiders, malware or other types of malicious code that may be used to affect the functionality or operation of the Portal or Services.

LIMITATION OF LIABILITY

The Indemnified Parties shall, in no event, be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, goodwill, profits or other business or financial benefit) arising out of or in connection with the Portal and the Services (and any of their content and functionality), any execution or settlement of a transaction, any performance or non-performance of the Services, the User's Bera or Hype, Product outcome, Service or other item provided by or on behalf of OogaBooga, whether under contract, tort (including negligence), civil liability, statute, strict liability, breach of warranties, or under any other theory of liability, and whether or not OogaBooga has been advised of, knew of or should have known of the possibility of such damages and notwithstanding any failure of the essential purpose of these Terms or any limited remedy hereunder. This limitation of liability shall apply to the fullest extent permitted by law.

CONTACT US

Please send your feedback, comments, or requests for technical support to info@oogabooga.io.