# BitGuy Terms of Use

BitGuy (“BitGuy”, the “Company”, “we”, “us” or “our”) is a software development firm specializing in decentralized technologies, particularly the Solana blockchain. BitGuy operates the main website, <https://bitguy.com/>, which provides details about BitGuy and its services, along with sub-domains dedicated to its product offerings (collectively referred to as the “Site”). The Site may feature text, images, audio, code, and other materials, including third-party information.\
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These Terms of Use (the “Terms” or this “Agreement”) (i) set out the terms and conditions that govern your access and use of the Site and its functionality (as defined below), and (ii) form a legally binding agreement between you and us, whether you are acting on your own behalf or representing an entity (“You”, “Your” or “User”). Each of you and us may be referred to as a “Party”.\
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**Agreement to Terms**\
Please read these Terms carefully before using the Site or its Functionality. Your use of the Site or Functionality is subject to these Terms. By accessing or using the Site, Functionality, and/or Content (as defined below) in any way, or by clicking a button or checkbox to indicate your acceptance of these Terms, you (i) acknowledge and agree to these Terms and (ii) affirm your agreement to be bound by them. All references to the “Terms of Use,” “Terms,” or this “Agreement” apply to your use of the Site and its related services.\
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**BitGuy Bot and Service**\
BitGuy offers Users access to various software solutions, including but not limited to the Telegram-integrated application, the BitGuy Bot (the “Bot,” along with any additional software, collectively referred to as the “App” or “Service”). The App enables Users to: (i) seamlessly create an account with Turnkey via its API (see more on Third-Party Applications below), allowing for the management of tokens, cryptocurrencies, and other blockchain-based digital assets (collectively, “Digital Assets”); (ii) retrieve data from and connect with other decentralized applications, such as decentralized exchanges (collectively, “Dapps”); (iii) initiate peer-to-peer Digital Asset swaps via third-party Dapps through the App’s interface (“Swap Function”); (iv) access information related to digital asset networks and broadcast transactions using Dapps or centralized data sources; and (v) benefit from additional features or services that may be introduced to the App or other Apps over time (collectively, the “Functionality”).\
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**Private Beta Program Notice**\
The BitGuy Service is currently in Beta testing. Your participation in the Private Beta Program, which is at BitGuy’s sole discretion, is personal to you and cannot be transferred to any other individual or entity. You are authorized to access and use the Service only for lawful purposes.\
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You acknowledge that the Service, its features, Functionality, and any data transmitted through the Service are being offered as part of a limited beta program to test early versions of the Service and its underlying code (“Beta Program”). The Service is provided on an “AS-IS” and “AS-AVAILABLE” basis to allow for testing and feedback on its quality and usability.\
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As part of the Beta Program, BitGuy may periodically offer new or updated pre-release features and trial services for you to use, allowing you to provide feedback. BitGuy is under no obligation to offer any specific Beta Program features, and if you choose to use them, you agree to comply with any rules or restrictions set by BitGuy. By using the Beta Program, you agree to be bound by these terms as if the Service were fully released.\
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BitGuy reserves the right to modify or discontinue any aspect of the Beta Program or its features at any time without prior notice. You understand that once you access or use Beta Program features, reverting to earlier versions of the same or similar features may not be possible. Even if reversion is available, you may not be able to restore data created during the Beta Program back to the earlier version. Beta Program features may contain bugs or errors that could lead to failures, downtime, data corruption, mistakes in transactions, or loss of data, Digital Assets, or information from any connected device. You acknowledge and agree that using the Beta Program is entirely at your own risk, and by using the Service, these Terms are binding upon you.\
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**Feedback**\
We welcome any feedback, comments, ideas, and suggestions for improving the Site and its Functionality (“Feedback”). By providing Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense and transfer, to use, copy, modify, create derivative works from, and otherwise exploit or commercialize the Feedback and any related derivative works or improvements in any way and for any purpose.\
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**Changes to Terms or Services; Third-Party Services**\
We reserve the right to modify these Terms at any time, at our sole discretion and without prior notice. If changes are made, we will make reasonable efforts to notify you, either by posting the updated Terms on the Site, providing notice through the App, or through other communication methods we deem appropriate. It is important that you review the Terms when they are modified, as continued use of the Site or Functionality after any changes constitutes your agreement to be legally bound by the updated Terms.\
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If you do not agree with the revised Terms, you must stop using the Site and Functionality. As the Functionality evolves over time, we may modify or discontinue any part of the Site and Functionality at any time, without notice and at our sole discretion. If you do not agree to be bound by the modified Terms, you are prohibited from using the Site or Functionality.\
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When using our Site and/or Functionality, you may also interact with third-party services. For example, the Swap Function relies on (i) decentralized exchange technologies operated by smart contracts and/or third parties, and (ii) the creation of a sub-account with Turnkey. Your use of such third-party services (“Third-Party Functionality”) is subject to the privacy policies, terms of use, and fees of those third parties. In the event of a conflict between third-party terms and these Terms, these Terms will prevail to the extent permitted by law.\
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**Who May Use the Services**\
You may use the Site and Functionality if you have reached the age of majority in your jurisdiction of residence (or higher, if applicable), and are not prohibited from doing so under relevant laws. By using the Site and/or Functionality and agreeing to these Terms, you represent and warrant that:\
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● You are of legal age and have the capacity to enter into contracts. If you are accepting these Terms on behalf of an entity, such as your employer, you confirm that you have the legal authority to bind that entity to these Terms. \
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● Neither you nor any entity that owns or controls you is subject to sanctions or listed as a prohibited or restricted party by authorities such as the United Nations Security Council, the SVG government, the UK government, the U.S. government (e.g., the Specially Designated Nationals List or Foreign Sanctions Evaders List of the U.S. Department of Treasury, or the Entity List of the U.S. Department of Commerce), the European Union or its Member States, or any other relevant government authority\
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**Registration and Your Information; Suspension/Termination of Functionality; Security**\
To use the Site or access the Functionality, you may be required to create an account with us or a third party (“Account”). If you create an Account, you agree not to share your credentials with anyone else or allow others to use your Account. You must notify us immediately if you suspect any unauthorized use of your Account. You are responsible for all activities conducted under your Account, whether or not you are aware of them, and you are solely accountable for your actions while using the Site or Functionality. We reserve the right to suspend or terminate your Account if you provide false, inaccurate, or incomplete information, or fail to meet the requirements for registration or these Terms (as amended from time to time).\
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Your access to the Site and Functionality may be suspended or terminated at any time, at our sole discretion, without any liability to you. If you lose or forget your Account credentials, you may need to use a recovery phrase or other backup method to access your Digital Assets (“Recovery Mechanism”). It is your sole responsibility to understand and establish any necessary Recovery Mechanism. Should a Recovery Mechanism be generated, you are solely responsible for its security and retention. This Recovery Mechanism might be the only way to regain access to your Digital Assets if you lose access to your Account. Anyone with knowledge of your recovery phrase or access to your Recovery Mechanism can control, transfer, or use your Digital Assets. If you lose your recovery phrase, you may lose access to your Digital Assets permanently. BitGuy does not store seed phrases and does not hold custody of your tokens, so we cannot assist in recovering your Digital Assets if your security method is compromised.\
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BitGuy may use a recovery methodology through Turnkey’s security framework, which involves the creation of passkeys and a recovery system via email and/or Passkeys.\
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By using BitGuy’s services, you acknowledge and accept the terms of service of any Third-Party Apps.\
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You understand and agree that BitGuy does not store, nor is it responsible for, the security of your recovery phrase or any third-party security framework. You agree to hold BitGuy, its affiliates, representatives, agents, and personnel harmless, and acknowledge that no such party will be liable if you lose your recovery phrase and cannot access or transfer your cryptocurrency, or if another person misuses your recovery phrase to access and transfer your cryptocurrency. You bear full responsibility for any loss of cryptocurrency resulting from failure to retain and/or secure your recovery phrase or other necessary credentials to access your Digital Assets.\
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**Content Ownership, Responsibility, and Removal**\
For the purposes of these Terms: (i) “Content” refers to text, graphics, images, music, software, audio, video, works of authorship, and other materials that are posted, generated, provided, or otherwise made available through the Site or Functionality; and (ii) “User Content” means any Content that users or Account holders (including yourself) upload, submit, store, send, post, or otherwise make available on the App, through our Site, or in Telegram channels where the Functionality may be integrated or accessible. Content includes, without limitation, User Content.\
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We do not claim ownership or control over any User Content, and nothing in these Terms restricts your rights to use or exploit your User Content. Unless explicitly stated otherwise, BitGuy does not endorse, promote, review, authorize, assess, or solicit any User Content. User Content created by users may be protected by constitutional provisions or other laws. It shall not be considered a solicitation of any kind.\
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Subject to the above regarding User Content, BitGuy and its licensors exclusively own all rights, title, and interest in the Site, Functionality, and Content, including all associated intellectual property rights. You acknowledge that the Site, Functionality, and Content are protected by copyright, trademark, and other laws in the United States and abroad. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices present in or accompanying the Functionality or Content.\
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User Content is not authored, moderated, or reviewed by BitGuy. Any aggregated or summarized User Content performed by AI tools or other software generated by BitGuy remains User Content and retains that status.\
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Neither BitGuy nor its representatives endorse or express opinions about any particular Digital Asset. You understand that BitGuy does not control or moderate User Content, and any views expressed therein are solely those of the author. If BitGuy aggregates, summarizes, or synthesizes User Content, such actions are for the convenience of Users and do not represent the views of BitGuy, its employees, or affiliates.\
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**Rights in User Content Granted by You**\
You grant us a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, sublicensable, and transferable license to use, copy, distribute, create derivative works of, publicly display, and perform your User Content. You represent and warrant that you have the rights and authority to submit your User Content, and that none of your User Content infringes, misappropriates, or violates the intellectual property rights or any other rights of any third party. You acknowledge that in certain cases, even if you delete your User Content, some content (such as posts or comments) may not be completely removed and may still exist on the Functionality. We are not responsible for, and cannot guarantee, the complete removal or deletion of your User Content.\
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**Rights in App, Site, and Functionality Granted by BitGuy**\
The App, Site, and Functionality (or your access to them) are proprietary to BitGuy and its licensors and must be used strictly in accordance with these Terms. BitGuy grants you a limited, non-exclusive, non-transferable, non-sublicensable, and fully revocable right to use the App and Site for the purpose of accessing and utilizing the Functionality, strictly as outlined in these Terms. Your use of the Functionality is restricted to personal use only. You are prohibited from developing an application for commercial purposes using the Functionality without express written permission from BitGuy.\
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You agree not to use the Site or Functionality for any purpose other than what is explicitly permitted by this Agreement. Without explicit authorization, you may not:\
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(i) modify, distribute, alter, tamper with, repair, or create derivative works from any Content in the Functionality (unless the Content is provided under a license that permits such actions); (ii) reverse-engineer, disassemble, or decompile the App or Site, or attempt to derive the source code of any software included in the App or Site; (iii) access or use the Functionality to avoid fees or exceed usage limits; (iv) use scraping techniques to extract or mine data; or (v) resell or sublicense the Functionality, or use it to offer software-as-a-service or any cloud-based, time-sharing, or service bureau offerings.\
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You may not use BitGuy's trademarks, logos, or other brand marks ("Our Marks") without prior written consent. Additionally, you must not misrepresent the relationship between you and BitGuy or imply any form of endorsement or affiliation unless expressly agreed. "Our Marks" refer to any trademarks, service marks, trade names, logos, or designations of origin or endorsement from BitGuy or its affiliates.\
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**Fees**\
You may be charged fees for accessing certain parts or functionalities of the Service, including fees related to token swaps executed on third-party exchanges through the Swap Function. These fees are subject to change at any time without prior notice. Estimated fees applicable to the Functionality will be displayed at the time of access. Rates that appear in the BitGuy application will reflect these applied fees. You may also incur charges from third parties when using their services. For instance, decentralized exchanges or other Dapps accessed via the App, including through the Swap Function, may charge you fees. BitGuy is not responsible for, and shall not be held liable for, any fees charged by third parties or for third-party functionality accessed through the Site or Service. Although we aim to provide accurate fee estimates, these are only preliminary figures and may differ from the actual fees paid when using the Functionality or interacting with the Solana blockchain or any other supported network. You acknowledge that these estimates may not be accurate, and BitGuy makes no guarantee in this regard. Regarding the Swap Function, you understand and agree that swap rates and prices displayed are merely estimates and may change at any time. As such, the rates or prices shown on the Swap Function interface are not guaranteed and may be inaccurate. You release BitGuy from any liabilities arising from inaccurate fee estimates related to your use of the Functionality.\
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**NO INVESTMENT ADVICE**\
WE MAY PROVIDE INFORMATION ABOUT DIGITAL ASSETS SOURCED FROM THIRD-PARTY DATA PARTNERS THROUGH FEATURES LIKE RARITY SCORES, TOKEN EXPLORERS, TOKEN LISTS, AGGREGATE SENTIMENT INFORMATION, OR OTHER TOOLS ACTIVE ON THE SERVICE. WE MAY ALSO INCLUDE WARNING LABELS OR RESTRICT INTERACTIONS WITH CERTAIN DIGITAL ASSETS. HOWEVER, THE PROVISION OF SUCH INFORMATION DOES NOT CONSTITUTE A SOLICITATION OR ENDORSEMENT FOR ANY TOKEN SWAP OR OTHER ACTION PERFORMED USING THE FUNCTIONALITY. ALL INFORMATION MADE AVAILABLE THROUGH OUR PRODUCTS IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS INVESTMENT ADVICE OR A RECOMMENDATION REGARDING ANY SPECIFIC TOKEN. YOU SHOULD NOT TAKE OR REFRAIN FROM TAKING ANY ACTION BASED ON THIS INFORMATION. THE INCLUSION OF TOKEN DATA IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND IS NOT A RECOMMENDATION OR ENDORSEMENT BY BITGUY. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER ANY INVESTMENT, STRATEGY, OR TRANSACTION IS SUITABLE FOR YOU, BASED ON YOUR PERSONAL INVESTMENT OBJECTIVES, FINANCIAL CIRCUMSTANCES, AND RISK TOLERANCE. ANY AGGREGATED OR SENTIMENT-BASED INFORMATION SHARED THROUGH OUR SERVICE REFLECTS THE VIEWS OF THE ORIGINAL AUTHORS AND IS NOT THE OPINION OF BITGUY, ITS TEAM, BOARD MEMBERS, EMPLOYEES, ADVISORS, OR OTHER RELATED PERSONNEL. BITGUY DOES NOT OFFER ADVICE OR EXPRESS OPINIONS ON ANY SPECIFIC TOKEN, TRADING STRATEGY, PROTOCOL, OR SYSTEM.\
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**Acceptable Use and Enforcement Rights**\
As a condition of using the Site and/or Functionality, you agree not to use the Site or Functionality in any manner that:\
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● Violates, misappropriates, or infringes upon the rights of BitGuy, its licensors, our users, or any third parties, including privacy, publicity, intellectual property, or other rights; \
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● Is illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, or discriminatory, or that promotes or encourages illegal or inappropriate behavior, including violent crimes; \
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● Involves falsehoods, misrepresentations, or misleading statements, including impersonation; \
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● Involves sending illegal or impermissible communications such as bulk messaging, auto-messaging, or auto-dialing; \
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● Circumvents, disables, or otherwise interferes with any technological measures implemented by us, our service providers, or third parties to protect the Functionality or Content; \
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● Disguises your location through IP proxying or similar methods; \
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● Interferes with, or attempts to interfere with, access to the Functionality of any user, host, or network, including, without limitation, by sending viruses, overloading, flooding, spamming, or mail-bombing the Functionality; \
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● Bypasses any content-filtering techniques, security measures, or access controls employed by BitGuy on the Site or Functionality; \
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● Disrupts, negatively affects, or inhibits other users' enjoyment of the Functionality, or that damages, disables, overburdens, or impairs the Site or Functionality; \
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● Violates any applicable laws or regulations, including anti-money laundering, anti-proliferation, anti-terrorism financing laws, and sanctions programs such as those enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control, or other relevant laws of the Saint Vincent and the Grenadines; \
● Encourages or enables any other person to engage in any of the foregoing. \
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**By using the Site or Functionality, you further represent, warrant, and agree that:** \
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● Any Digital Assets you transfer using the Site via the Functionality have been legally obtained by, and belong to, you; \
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● You will not provide false, inaccurate, or misleading information while using the Site or Functionality, or engage in any fraudulent activities affecting BitGuy, other users, or any third parties; \
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● You will not use the Functionality to transmit or exchange Digital Assets that are the proceeds of criminal or fraudulent activities, including terrorism or tax evasion; \
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● Any Digital Assets you use with the Functionality are either owned by you or you are authorized to use such assets; \
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● You will pay all necessary fees for interacting with the Solana blockchain or any other compatible network, including "gas" costs, as well as any fees charged by us for your use of the Site and Functionality.\
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Although we are not obligated to monitor User Content, we reserve the right to remove User Content at any time and for any reason without notice. You understand that by using the Site and Functionality, including Telegram channels where the Functionality may be available, you may encounter User Content that is offensive, indecent, or objectionable. We assume no responsibility or liability for any User Content, including any loss or damage to your User Content.\
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**You agree to comply with all applicable U.S. and international export control and trade sanctions laws ("Export Laws"). Specifically, you may not use the Site or access the Services or Functionality if:**\
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● You are located in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, Syria, or any other country subject to U.S. embargoes or sanctions, or if you are listed on the U.S. Treasury Department’s Specially Designated Nationals List, the U.S. Commerce Department’s Denied Persons List, Unverified List, Entity List, or any other relevant sanctions lists; \
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● You intend to supply any Functionality to Cuba, Iran, North Korea, Sudan, Syria, or any other country subject to U.S. embargoes or sanctions, or to any person on the aforementioned lists.\
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**Third Party Functionality BitGuy utilizes Third-Party Software to deliver its Services. Below is a list of Third-Party software integrated into the Functionality:**\
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BitGuy utilizes Third-Party Software to deliver its Services. Below is a list of Third-Party software integrated into the Functionality: \
● [Turnkey Turnkey Documentation ](https://docs.turnkey.com/)\
● [Telegram Telegram Terms of Service ](https://telegram.org/tos/en)\
● [Jupiter Jupiter Terms of Use ](https://station.jup.ag/docs/legal/terms-of-use)\
● Others, as may be utilized from time to time\
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Software development is dynamic and evolving. You acknowledge that this list of Third-Party software providers is provided for your informational convenience only and may not be fully current. For the most up-to-date list of Third-Party software used by BitGuy in its Services and Functionality, you may contact us at <support@bitguy.com> for updates.\
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By using BitGuy’s Services, you agree to be bound by the terms of service of any Third-Party Software. To the fullest extent permitted by law, and despite any terms in the Third-Party Software’s Terms of Service, any issues or liabilities resulting from a third-party application are the sole responsibility of that Third-Party Software and not BitGuy.\
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The Site, Functionality, and App may contain links to or use Third-Party Functionality (including, but not limited to, Dapps), and may integrate or interface with such Third-Party Functionality to enable certain features, such as the Swap Function. When using a Dapp, the Swap Function, or other Third-Party Functionality, you understand that you are not transferring your assets or private keys to us. We offer the Site and access to the Swap Function of other Third-Party Functionality solely as a convenience. You may access the software of these Third Parties independently if you choose. We do not control or endorse any Third Party’s content or functionality and are not responsible for the availability or legitimacy of content, products, or functionality provided by Third Parties (including any related websites, resources, or links).\
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BitGuy provides one method for its Users for convenience, but there may be other ways to perform the functions offered by our Services or Functionality. As such, you acknowledge that convenience may come at the expense of optimal security measures.\
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To enhance security, users can revoke any access granted to BitGuy or the Functionality, or remove their Digital Assets from the Services at any time to establish a fully self-custodial arrangement. BitGuy makes no claims that our Services are more secure than advanced security protocols like cold-wallet custody or using a qualified custodian. You may consult Digital Asset security professionals for more information. The proper operation of BitGuy Services and Functionality depends on the effective performance of the Third-Party software we rely on. We cannot and do not make any warranties or representations, express or implied, about the Swap Function, security systems, the Solana blockchain, or any other blockchain networks upon which BitGuy relies, or other software provided by Third Parties. We make no representations, warranties, or assurances regarding the suitability, accuracy, or functionality of Third-Party software. You assume all risk and responsibility for your use of the Functionality, including any Third-Party websites, applications, or resources. It is your responsibility to conduct due diligence on Third-Party Functionality to ensure it meets your individual needs.\
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**BitGuy Affiliates**\
Our affiliate and referral program allows you to earn rewards by referring new users to BitGuy. By participating, you agree to abide by these terms. The program is open to all registered users of BitGuy, and participants must be in good standing with no history of fraudulent activity. Unique referral links are provided to each participant, and you may share your referral link on social media, websites, or with friends and family. Earnings are based on the referred users' activities and transactions. Referral rewards are credited to your account and can be claimed according to the schedule outlined in your dashboard. Earnings and payout rates are subject to change at our discretion. The program may include different tiers with varying benefits and earning rates, and your referral tier is determined by the number of successful referrals and the referred volume. We retain the right to modify, suspend, or terminate the affiliate and referral program at any time without prior notice. Changes to the program will be communicated through our website or via email. Participants must not engage in spam or any form of unsolicited promotions. Misrepresentation or fraudulent activities are strictly prohibited and will result in disqualification from the program. We do not guarantee any specific earnings or outcomes from participating in the program. Participation in the program does not establish any form of partnership or employment relationship between you and BitGuy. These terms are governed by the laws of the jurisdiction in which BitGuy operates. By participating in the BitGuy affiliate and referral program, you acknowledge and agree to these terms and any future modifications.\
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**Third-Party Resources and Promotions**\
Our Service may contain references or links to third-party resources, including, but not limited to, information, materials, products, or services, that we do not own or control. In addition, third parties may offer promotions related to your access and use of our Products. We do not approve, monitor, endorse, warrant, or assume any responsibility for any such resources or promotions. If you access any such resources or participate in any such promotions, you do so at your own risk, and you understand that this Agreement does not apply to your dealings or relationships with any third parties. You expressly relieve us of any and all liability arising from your use of any such resources or participation in any such promotions.\
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**Warranty Disclaimers**\
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SITE AND THE SERVICES (INCLUDING ANY PRIVATE KEY STORAGE SERVICE OFFERED AS PART OF THE SERVICES, WHETHER CLOUD OR HARDWARE-BASED) AND CONTENT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. THE APP, SITE, AND FUNCTIONALITY ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BITGUY SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. BITGUY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE OR SERVICES OR ANY OF THE MATERIALS CONTAINED THEREIN WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. BITGUY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE AVAILABILITY OR FUNCTIONALITY OF THE SOLANA NETWORK, OR THAT THE SOLANA NETWORK WILL OPERATE FREE FROM INTERRUPTIONS, DELAYS, DEFECTS, AND/OR ERRORS THAT MAY DELAY, HINDER, OR PREVENT THE TRANSMISSION OF TRANSACTIONS OR MESSAGES TO OR ON THE SOLANA NETWORK, OR ANY OTHER NETWORK. THE DURATION OF ANY IMPLIED WARRANTY THAT IS NOT EFFECTIVELY DISCLAIMED WILL BE LIMITED TO THE LONGER OF (I) THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST USE THE APPLICABLE SERVICE AND (II) THE SHORTEST PERIOD ALLOWED UNDER APPLICABLE LAW. SOME STATES/JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.\
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USE OF ANY PRIVATE KEY STORAGE SERVICE INCLUDED AS PART OF THE SERVICES IS OFFERED TO YOU AS A CONVENIENCE, SUBJECT TO THE LIMITATIONS ABOVE. TO BE SAFE, YOU SHOULD ALWAYS SECURELY BACK UP YOUR PRIVATE ACCESS KEY VIA SECONDARY MEANS OR CONSIDER ALTERNATIVE WAYS TO ACCOMPLISH YOUR OBJECTIVES AROUND YOUR DIGITAL ASSETS.\
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THE SITE AND FUNCTIONALITY RELY ON EMERGING TECHNOLOGIES, SUCH AS THE SOLANA NETWORK AND THIRD-PARTY DECENTRALIZED EXCHANGES. SOME FUNCTIONALITY IS SUBJECT TO INCREASED RISK THROUGH YOUR POTENTIAL MISUSE OF THINGS SUCH AS PUBLIC/PRIVATE KEY CRYPTOGRAPHY. BY USING THE SERVICES, YOU EXPLICITLY ACKNOWLEDGE AND ACCEPT THESE HEIGHTENED RISKS. BITGUY SHALL NOT BE LIABLE FOR THE FAILURE OF ANY MESSAGE TO SEND TO OR BE RECEIVED BY THE INTENDED RECIPIENT IN THE INTENDED FORM, OR FOR DIMINUTION OF VALUE OF SOLANA OR ANY OTHER DIGITAL TOKEN OR DIGITAL ASSET ON THE SOLANA NETWORK OR ANY OTHER NETWORK, AND BITGUY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SAME.\
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**No Professional Advice or Fiduciary Duties**\
ALL INFORMATION PROVIDED IN CONNECTION WITH YOUR ACCESS AND USE OF THE SITE AND FUNCTIONALITY SHOULD NOT AND MAY NOT BE CONSTRUED AS LEGAL, FINANCIAL, OR PROFESSIONAL ADVICE. YOU SHOULD NOT TAKE, AND SHOULD REFRAIN FROM TAKING, ANY ACTION BASED ON ANY INFORMATION CONTAINED ON THE SITE OR IN THE FUNCTIONALITY, OR ANY OTHER INFORMATION WE MAKE AVAILABLE AT ANY TIME, INCLUDING, WITHOUT LIMITATION, BLOG POSTS, ARTICLES, LINKS TO THIRD-PARTY CONTENT, DISCORD OR TELEGRAM CONTENT, NEWS FEEDS, TUTORIALS, TWEETS/X POSTS, AND/OR VIDEOS. BEFORE YOU MAKE ANY FINANCIAL, LEGAL, OR OTHER DECISIONS INVOLVING THE SITE OR FUNCTIONALITY OR USE THEREOF, YOU SHOULD SEEK INDEPENDENT PROFESSIONAL ADVICE FROM AN INDIVIDUAL WHO IS LICENSED, CREDENTIALLED, AND QUALIFIED IN THE AREA FOR WHICH SUCH ADVICE WOULD BE APPROPRIATE. THE TERMS ARE NOT INTENDED TO, AND DO NOT, CREATE OR IMPOSE ANY FIDUCIARY DUTIES ON US OR OTHERWISE BE A SUBSTITUTION FOR PROFESSIONAL ADVICE. YOU FURTHER AGREE THAT THE ONLY DUTIES AND OBLIGATIONS THAT WE HAVE ARE EXPRESSLY SET OUT IN THESE TERMS.\
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**Not Registered with the SEC or Any Other Agency**\
WE ARE NOT REGISTERED WITH THE U.S. SECURITIES AND EXCHANGE COMMISSION AS A NATIONAL SECURITIES EXCHANGE OR IN ANY OTHER GOVERNMENTAL AGENCY IN ANY CAPACITY. WE PROVIDE SOFTWARE SERVICES AND DO NOT CUSTODY DIGITAL ASSETS OR YOUR SEED PHRASE. WE DO NOT MATCH OR SETTLE TRADES. YOU UNDERSTAND AND ACKNOWLEDGE THAT WE DO NOT SOLICIT TRADES OR BROKER TRADING ORDERS ON YOUR BEHALF. WE ALSO DO NOT FACILITATE THE EXECUTION OR SETTLEMENT OF YOUR TRADES, WHICH OCCUR ENTIRELY ON PUBLIC DISTRIBUTED BLOCKCHAINS LIKE SOLANA OR ETHEREUM. AS A RESULT, WE DO NOT (AND CANNOT) GUARANTEE MARKET BEST PRICING OR BEST EXECUTION THROUGH OUR SERVICES OR WHEN USING OUR SWAP FUNCTION FEATURE, WHICH ROUTES TRADES ACROSS LIQUIDITY POOLS AS PERFORMED BY DECENTRALIZED EXCHANGES BY USING APIS OR OTHER PLUGINS PROVIDED AND MAINTAINED BY THIRD PARTIES. ANY INFORMATION ON A BITGUY APP THAT DISPLAYS AN ANTICIPATED ‘PRICE’ OR ‘RATE’ OF A SWAP DOES NOT CONSTITUTE A REPRESENTATION OR WARRANTY ABOUT PRICING AVAILABLE THROUGH THE SERVICE.\
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**Indemnity**\
YOU WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS BITGUY AND ITS AFFILIATES AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (THE “BITGUY PARTIES”) FROM AND AGAINST ANY CLAIMS, DISPUTES, DEMANDS, LIABILITIES, DAMAGES, LOSSES, AND COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH (I) YOUR ACCESS TO OR USE OF THE SITE, FUNCTIONALITY, OR CONTENT, (II) YOUR USER CONTENT, (III) \
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THIRD PARTY FUNCTIONALITY, OR (IV) YOUR VIOLATION OF THESE TERMS.\
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**No Custody; No Ownership**\
AS A PRODUCER OF SOFTWARE SERVICES, BITGUY DOES NOT ACT AS A CUSTODIAN WITH RESPECT TO YOUR DIGITAL ASSETS. BITGUY CREATES SOFTWARE SOLUTIONS INTENDED TO MAKE YOUR OWN CUSTODY AND DIGITAL ASSET OBJECTIVES MORE CONVENIENT. WITHOUT EXPRESS CRYPTOGRAPHIC SIGNATURES FROM USERS AUTHORIZING THE UTILIZATION OF THE TURNKEY SECURITY FRAMEWORK AND/OR RECOVERY METHOD, BITGUY DOES NOT HAVE THE ABILITY TO ACCESS, MOVE, OR TRANSFER DIGITAL ASSETS ON YOUR BEHALF. TITLE TO AND CONTROL OVER YOUR DIGITAL ASSETS, WITH THE EXCEPTION OF ANY DULY EARNED FEES BY BITGUY, SHALL AT ALL TIMES REMAIN WITH YOU AND SHALL NOT TRANSFER TO BITGUY. AS THE OWNER OF DIGITAL ASSETS USED IN CONNECTION WITH THE SERVICES, YOU SHALL BEAR ALL RISK OF LOSS OF SUCH DIGITAL ASSETS. BITGUY SHALL HAVE NO LIABILITY FOR DIGITAL ASSET FLUCTUATIONS. NONE OF THE DIGITAL ASSETS USED IN CONNECTION WITH THE SERVICES ARE THE PROPERTY OF, OR SHALL OR MAY BE LOANED OR TRANSFERRED TO, BITGUY. BITGUY DOES NOT REPRESENT OR TREAT DIGITAL ASSETS ASSOCIATED WITH PRIVATE KEYS GENERATED THROUGH YOUR USE OF THE SERVICES AS BELONGING TO BITGUY. AT ALL TIMES, YOU HAVE SOLE CONTROL OVER THE AUTHENTICATION CREDENTIALS REQUIRED TO UTILIZE YOUR OR THEIR PRIVATE KEYS AND ONLY YOU HAVE THE ABILITY TO TRANSFER THE DIGITAL ASSETS ASSOCIATED WITH THOSE PRIVATE KEYS. FOR ADDITIONAL SECURITY, YOU MAY AND ARE ENCOURAGED TO RELINQUISH ANY APPROVAL OR OTHER CONNECTION TO BITGUY’S FUNCTIONALITY AT ANY TIME, OR TRANSFER YOUR DIGITAL ASSETS TO ANOTHER CUSTODIAN OR DIGITAL ASSET MANAGEMENT TOOL LIKE A COLD WALLET. BITGUY DOES NOT CUSTODY YOUR DIGITAL ASSETS – YOUR DIGITAL ASSETS MAY BE RECOVERED DIRECTLY FROM TURNKEY’S SERVICES WITHOUT BITGUY’S INVOLVEMENT.\
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**Limitation of Liability**\
BITGUY SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES,WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR OTHERWISE OUT OF OR IN CONNECTION WITH ANY AUTHORIZED OR UNAUTHORIZED USE OF THE SITE, THE APP, OR THE SERVICES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BITGUY HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BITGUY SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO SOFTWARE, PRODUCTS, SERVICES, AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD PARTIES AND ACCESSED THROUGH THE APP, SITE, OR SERVICES.\
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DIGITAL ASSETS ARE A NOVEL TECHNOLOGY AND ARE OFTEN SUBJECT TO SECURITY COMPROMISES OR HACKS. YOU UNDERSTAND AND WAIVE ANY SUCH RISK IN USING THE SERVICES.\
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SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE BITGUY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE HUNDRED U.S. DOLLARS ($100.00) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTION.\
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**Acknowledgment of Certain Risks; Other Disclaimers; Release of Claims**\
By accessing and using the functionality, you represent that you understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of digital assets. You further understand that the markets for these digital assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems such as Solana are variable and may increase dramatically at any time. You further acknowledge and accept the risk that your digital assets, or any digital assets you acquire, including through a third-party exchange accessed via the swap function, may lose some or all of their value and you may suffer loss due to the fluctuation of prices of tokens and/or significant price slippage and cost. You understand that anyone can create a digital asset, including fake versions of existing tokens and tokens that falsely claim to represent projects, and acknowledge and accept the risk that you may mistakenly swap those or other tokens. You acknowledge that often, digital assets are built with the express intention to defraud individuals, where token creators, in using secret functions or other methods, might create unlimited additional tokens or otherwise remove available liquidity, also known as a “rug pull.” You acknowledge that we do not endorse, vet, review, or assess any particular digital asset. You further acknowledge that we are not responsible for any of these variables or risks and that we cannot be held liable for any resulting losses that you experience while accessing or using the site or functionality.\
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The site and functionality and your digital assets could be impacted by one or more government or regulatory inquiries or government or regulatory actions, which could impede or limit the ability of BitGuy to continue to make its proprietary software, and thus, could impede or limit your ability to continue to use the functionality.\
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You understand and acknowledge that cryptography is a progressing field with advances in code cracking and other technical advancements, such as the development of quantum computers, which may present risks to digital assets and the services, and could result in the theft or loss of your digital assets. To the extent possible or relevant, we intend to update BitGuy-developed smart contracts or other vulnerable features related to the functionality to account for any advances in cryptography and to incorporate additional security measures necessary to address risks presented from technological advancements, but that intention does not reflect a binding commitment and does not in any way guarantee or otherwise ensure full security of the functionality\
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You understand that the Solana blockchain (and all other networks with which the functionality may be compatible) remains under development, which creates technological and security risks when using the functionality in addition to uncertainty relating to digital assets and transactions therein. You acknowledge that the cost of transacting on the Solana blockchain is variable and may increase at any time, thereby impacting any activities taking place on the Solana blockchain, which may result in price fluctuations or increased prices for using the functionality, as well as elevated or unexpected fees to the Solana network or to BitGuy. Any fees obtained by BitGuy by use of the functionality shall be deemed earned and final by BitGuy. The fees are subject to change, at any time, without notice.\
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You acknowledge that the functionality is subject to flaws and that you are solely responsible for evaluating any code provided by the site or functionality. This warning and others BitGuy provides in these terms in no way evidence or represent any ongoing duty to alert you of the potential risks of utilizing the functionality or accessing the site. You acknowledge that the functionality is subject to the flaws of third-party software upon which BitGuy’s services rely, and that you fully bear the associated risks of any failure of such third-party software system or any attempted integration to the third-party software including any plugin, usage of a third-party API, or any other such integration by BitGuy. Connecting to or integrating third-party software is inherently difficult and risky, and you acknowledge and waive any failure by BitGuy to properly integrate third-party software.\
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Although we intend to provide accurate and timely information on the site and during your use of the site and the functionality, that intention does not reflect a binding commitment, and the site and other information available when using the functionality may not be accurate, complete, error-free, or current. To continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including, without limitation, information regarding our policies. Accordingly, you should verify all information before relying on it in any manner, and all decisions based on such information contained on the site or made available through the functionality are your sole and absolute responsibility. No representation of any kind or nature is made as to the accuracy, completeness, or appropriateness for any particular purpose of any pricing or other information distributed via the site or functionality. Pricing information may be higher or lower than prices available on platforms providing similar services. We encourage you to explore other methods to accomplish your digital asset objectives that may result in lower associated fees.\
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Any reference to a type of digital asset on the site or otherwise during the use of the functionality does not indicate our approval or disapproval of the technology on which the digital asset relies, and should not be used as a substitute for your understanding of the risks specific to each type of digital asset and the use and availability of any particular blockchain.\
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Use of the functionality, in particular using the swap function of digital assets, may carry financial risk. Digital assets are, by their nature, highly experimental, risky, and volatile. Transactions entered into in connection with the functionality are irreversible, final, and there are no refunds. You acknowledge and agree that you will access and use the site and the functionality at your own risk. The risk of loss in trading digital assets can be substantial (all the more so if you are leveraged). You should, therefore, carefully assess whether such trading or related services are suitable and appropriate for you in light of your circumstances and financial resources.\
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By using the site and functionality, you represent and warrant that you have been, are, and will be solely responsible for making your independent appraisal and investigations into the risks of a given transaction and the underlying digital assets. You represent that you have sufficient knowledge, market sophistication, professional advice, and experience to make your evaluation of the merits and risks of any transaction conducted in connection with the functionality or any digital asset. You accept all consequences of using the functionality, including the risk that you may lose access to your digital assets indefinitely. All transaction decisions are made solely by you. Notwithstanding anything in these terms, we accept no responsibility whatsoever for, and will in no circumstances be liable to you in connection with, your use of the functionality for performing digital asset transactions.\
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BitGuy is a developer of software. BitGuy is not a broker, nor is it a dealer or arranger, nor does it operate a digital asset exchange platform or offer trade execution or clearing services and, therefore, has no oversight, involvement, or control concerning the transactions you choose to conduct via the functionality. It is not a custodian of digital assets, and it is not a qualified custodian. All transactions between users of BitGuy-developed software are executed peer-to-peer directly between the users' Solana (or other network) addresses through smart contracts. You are responsible for complying with all laws that may be applicable to or govern your use of the functionality, including, but not limited to, the Commodity Exchange Act and the regulations promulgated thereunder by the U.S. Commodity Futures Trading Commission (“CFTC”), the federal securities laws and the regulations promulgated thereunder by the U.S. Securities and Exchange Commission (“SEC”), tax laws, and all foreign laws that apply to you and your trading.\
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You understand that BitGuy and the swap function are not registered or licensed by the CFTC, SEC, or any other financial regulatory authority (whether in the United States or elsewhere). The swap function initiates a user-requested swap on other third-party swapping software like Jupiter or another decentralized exchange. No swap occurs on BitGuy infrastructure. No financial regulatory authority has reviewed or approved the use of the BitGuy-developed software that comprises the site and the functionality. The site and the BitGuy-developed software do not constitute advice or a recommendation concerning any commodity, security, or other digital asset or instrument. BitGuy is not acting as an investment manager, adviser, arranger, introducer, or commodity trading adviser to any person or entity.\
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You expressly agree that you assume all risks in connection with your access and use of the site and functionality and your interaction therewith. You further expressly waive and release the BitGuy Parties from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the site and functionality and your interaction therewith. If you are a California resident, you waive the benefits and protections of California Civil Code § 1542, which provides: “\[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”\
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**Governing Law**\
These terms shall be governed by, construed, and enforced in accordance with the laws of Saint Vincent and the Grenadines, without regard to its conflict of law principles. This includes, but is not limited to, any claims related to the validity, interpretation, performance, or enforcement of these terms. All disputes, controversies, or claims arising out of or relating to these terms, including any question regarding their existence, validity, or termination, shall be exclusively resolved by the courts of Saint Vincent and the Grenadines.\
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**Force Majeure**\
Except for payment obligations, neither party will be liable hereunder by reason of any failure or delay in the performance of its obligations due to events beyond the reasonable control of such party, which may include natural disasters, fires, epidemics, pandemics, riots, war, terrorism, denial of service attacks, internet outages, labor shortages, and judicial or government action.\
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**General Terms; Severability**\
These terms constitute the entire and exclusive understanding and agreement between BitGuy and you regarding the site, functionality, and content, and these terms supersede and replace any and all prior oral or written understandings or agreements between BitGuy and you regarding the site, functionality, and content. If any provision of these terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these terms will remain in full force and effect. You may not assign or transfer these terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these terms without such consent will be null and void and of no force or effect. We may freely assign or transfer these terms without restriction. Subject to the foregoing, these terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.\
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Any notices or other communications provided by us under these terms, including those regarding modifications to these terms, will be given by posting to the site and/or through other electronic communication. You agree and consent to receive electronically all communications, agreements, documents, notices, and disclosures that we provide in connection with your account and/or your use of the site and functionality.\
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Our failure to enforce any right or provision of these terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of BitGuy. Except as expressly set forth in these terms, the exercise by either party of any of its remedies under these terms will be without prejudice to its other remedies under these terms or otherwise.\
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These terms are written in English. Any translated version is provided solely for your convenience. To the extent any translated version of our terms conflicts with the English version, the English version controls.\
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**Contact Information**\
If you have any questions about these terms or the functionality, please contact us at <support@bitguy.com>.
