This is a binding contractual agreement between you, as an individual, corporate entity or otherwise (hereinafter referred to as “you”or “your”) and BreadBytes TX LLC, having a principal address located at 10900 Research Blvd. Ste 160C PMB 1375 Austin, TX 78759 (hereinafter referred to as “BreadBytes”,“us”, “our” or “we”).
By accessing the Services provided by BreadBytes, you agree to be bound to these Terms.
Please read these Terms carefully and do not use the Services if you do not agree to them.
1. DEFINITIONS
[This section sets out some key words we use throughout these Terms and what they mean.]
1.1 In this agreement, words and phrases have the meaning given to them when bolded and in brackets after the word or phrase is first used or as defined below:
(a) “Algorithmic Trading Bots” means an automated program that operates on the internet and executes cryptocurrency buying and selling functions based on our preset trading strategies;
(b) “AstraBit” means CPT Capital, LLC, a Delaware limited liability company doing business as AstraBit which hosts our Algorithmic Trading Bots;
(c) “Protocol Reviews” means an assessment of a DeFi project or protocol undertaken on behalf of that project or protocol and made publicly available on our Website;
(d) “Intellectual Property Rights” means all copyright, trademark, design, patent, confidential and other proprietary rights, and any other rights to registration of such rights, including, but not limited to, our domain names and Website whether created before or after the date of this agreement both in the United States of America and throughout the world;
(e) “Services” means any and all services we display on our Website, including, but not limited to, Protocol Reviews and Algorithmic Trading Bots;
(f) “Terms” means these terms and conditions and our GitBook documents available at https://docs.breadbytes.com/, as may be amended from time to time; and
(g) “Website” means any domain which directs, re-directs, or otherwise allows you to access the Services provided that it is owned and administered byBreadBytes.
2. OUR WARRANTIES
[This section sets out our promises to you, being that we have relevant experience in this space and that we take steps to develop trading strategies and remove any biases from our Protocol Reviews.]
2.1 We herebywarrant that:
(a) our team has experience trading in cryptocurrency markets;
(b) our team has experience assessing DeFi projects and protocols;
(c) reasonable steps have been taken to ensure that our Services and Terms are provided to you in a clear and transparent manner;
(d) our Algorithmic Trading Bots rely on trading strategies developed by our team; and
(e) reasonable steps are taken to remove biases from our Protocol Reviews.
2.2 Other than the warranties listed in clause 2.1 above, all other express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded from these Terms.
3. YOUR WARRANTIES
[This section sets out your promises to us, being that you're over 18, can agree to these Terms, haven’t provided us with incorrect information, are legally allowed to use our Services, understand the risks involved and understand how our Services operate.]
3.1 You hereby warrant that:
(a) you are over the age of 18;
(b) you have the mental capacity to accept these Terms;
(c) all information provided to BreadBytes is true, complete, valid, and not misleading;
(d) your use of the Services is voluntary and based on your own independent judgement;
(e) you are permitted by the laws of your jurisdiction to use the Services; and
(f) you fully understand the risks of engaging in services, projects or protocols related to cryptocurrency, DeFi and web3 generally and have taken steps to mitigate those risks;
(g) you understand that all information provided on our Website is for general informational purposes only and you will not rely on such information when making any investment decisions;
(h) you understand that the Algorithmic Trading Bots are hosted by and made available through AstraBit’s platform and you will comply with all relevant terms, conditions and warranties applicable to your use of AstraBit’s platform and services; and
(i) you understand that the Protocol Reviews are undertaken by us on behalf of a specific project or protocol and made publicly available on our Website for information purposes only and such information may no longer be relevant at the time you access the Protocol Reviews.
3.2 You agree that if your circumstances change so that the warranties listed in clause 3.1 are no longer accurate, then you will immediately cease using the Services.
4. CHANGES TO THE SERVICES
[This section sets out that we have the right to change our Services and charge a cost for our Services.]
4.1 We reserve the right to enhance, upgrade, improve, modify, reduce or discontinue features of our Services as we deem appropriate and at our discretion without prior notice to you.
4.2 We may also choose to offer our Services or additional functionality to our Services for a cost without prior notice to you.
5. THIRD PARTIES
[This section sets out that we don’t take responsibility for or endorse any third party links on our website.]
5.1 You acknowledge, agree and accept that:
(a) the Services and Website may link to third party sites, websites or applications (“Third Party Services”), including, but not limited to AstraBit;
(b) we are not responsible for and do not endorse Third Party Services;
(c) you have the sole discretion whether to purchase services from or connect to any Third Party Services; and
(d) your use of any Third Party Services is governed solely by the terms and conditions of those Third Party Services.
5.2 In addition to the above, you acknowledge, agree and accept that we will not be liable for any loss or damage suffered by you in connection with your use of Third Party Services.
6. INTELLECTUAL PROPERTY
[This section sets out that we have intellectual property rights to our brand name, logo and material on our Website and so you can’t use these without our written permission.]
6.1 Except as otherwise noted, all content and materials on theWebsite are the property of BreadBytes and should not be used, modified orreproduced without our written consent.
6.2 We retain ownership of Intellectual Property Rights in all proprietary logos and marks that identify our Services included on the Website and otherwise. Nothing in these Terms transfers ownership or assigns any Intellectual Property Rights to you and so such logos and marks may not be used without the prior written consent of BreadBytes.
6.3 You agree that you will not use or register a trademark, service mark, business name, domain name or social media account name or handle which incorporates in whole or in part our Intellectual Property Rights or any of our brand name or product logos.
7. LIMITATION OF LIABILITY
[This section sets out the limited extent of our liability. Given the risky and continuously changing nature of DeFi and web3 generally, please ensure you take all steps to minimize any loss as we won’t take responsibility for any loss suffered.]
7.1 To the maximum extent permitted by applicable law, BreadBytes, its representatives, employees and agents will not be liable to you or any person for loss or damage of any kind (including consequential, incidental, or exemplary loss or damages), however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to these Terms or our Services.
7.2 Where any law implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, our liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to a maximum sum of $1,000.
7.3 You agree to indemnify BreadBytes, its employees, representatives and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from your or your representative’s use of any of the Services.
8. DISPUTES
[This section sets out what should happen if there is a dispute. We’re here to help you, so please reach out to us first if there’s an issue before taking us to court.]
8.1 The parties must, without delay and in good faith, attempt to resolve any dispute which arises out of or in connection with these Terms or the Services prior to commencing any proceedings.
8.2 If a party requires resolution of a dispute it must immediately submit full details of the dispute to the other party or its representative.
8.3 The parties acknowledge and agree that compliance with this clause 8 is a condition precedent to any entitlement to claim relief or remedy, whether by way of proceedings in a court of law or otherwise in respect of such disputes.
9. GOVERNING LAW
[This section sets out that the laws of Texas apply to this agreement between us.]
This agreement is governed by the law applying in the State of Texas, United States ofAmerica. Each party irrevocably submits to the exclusive jurisdiction of that State and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
