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 Kuno Development Ltd.. (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.

This privacy policy is intended to inform you about the processing of your personal data when you access and/or use our Interface (the "Privacy Policy", the "Policy"). Therefore, it applies to all your interactions with us via our Interface. We advise you to read this Policy carefully to understand how we collect and process data and for which purpose.

This Privacy Policy does not apply to any processing of data collected via channels other than the Interface (including any other services or applications provided by third parties). For those, we advise you to consult the corresponding and applicable privacy policies.

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" means the utility token of the Berachain Blockchain that may be used to purchase computational resources to run decentralised applications or perform actions on such Blockchain.
4. "Berachain Address" means the unique public key cryptographic identifier that points to a Berachain-compatible wallet to which BERA may be sent or stored.
5. "Berachain Blockchain" means the underlying blockchain infrastructure OogaBooga leverages to offer its Services.
6. "Governmental Authority" means the applicable domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority.
7. "Portal" means the OogaBooga website located at https://OogaBooga.io and all associated sites linked thereto by OogaBooga and its Affiliates, including OogaBooga's decentralised application layer on the Berachain Blockchain.
8. "Services" The Products offered by OogaBooga as accessible through the Portal.
9. "Product" means any product offered through the Services and available in or through the Portal namely, the OogaBooga aggregator that aggregates liquidity from multiple decentralized exchanges and provides users with optimized trading routes.

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;
4. The User has the full power and authority to agree to these Terms and to use any Service offered by OogaBooga through the Portal;
5. The User has read these Terms prior to using any Service, and that you are solely responsible for your trading or non-trading actions and have had the opportunity to take any legal, financial, accounting or other advice that you deem appropriate prior to accessing the Portal or using any of the Services;
6. The User will only utilise legally obtained digital assets that belong to the User, and that the User has full legal and beneficial title to any such assets at the time the User utilises them;
7. The User is not located in, or a resident of, any Restricted Territory (as defined below) and has not used any technical means (including a VPN) to misrepresent its geographical location to access the Portal from any Restricted Territory; and
8. The User is acting for its own account as principal and not as trustee, agent or otherwise on behalf of any other persons.

Your access to the Portal and any Services may be restricted based on your jurisdiction or geographical location. You must not use the Product or the Portal if you are located in or a citizen or resident of any state, country, territory, or other jurisdiction in which use of the Portal or the Services would be illegal or otherwise violate any applicable law (a "Restricted Territory").

The fact that the Portal is accessible in a Restricted Territory or that the Portal allows the use of the official language of a Restricted Territory, or a language commonly used in a Restricted Territory must not be construed as a license to use the Portal in such a Restricted Territory.

We unconditionally reserve the right to restrict access to any Restricted Territory and may implement technical controls to prevent access to the Portal or any Services from any Restricted Territory. No services are offered to persons or entities who reside in, are citizens of, are located in, are incorporated in, or have a registered office in any Restricted Territory, which include, without limitation the following: (a) Belarus, Cuba, Democratic People’s Republic of Korea (DPRK), Democratic Republic of Congo, Iran, Lebanon, Libya, Mali, Myanmar, Nicaragua, Russia, Somalia, South Sudan, Sudan, Syria, the following regions of Ukraine: Crimea, Donetsk and Luhansk, or any other country or region that is the subject of comprehensive country-wide or region-wide or economic sanctions by the Financial Action Task Force, United Nations, United States of America, the European Union or the United Kingdom; and (b) United States of America, the United Kingdom, Canada, and the People’s Republic of China.

If you are a resident or citizen of or otherwise are located or incorporated in, or have a registered office in any Restricted Territory, do not use OogaBooga’s Portal or Services or attempt to use a virtual private network (VPN) or other technology to circumvent the restrictions set forth herein. Use of a VPN to access OogaBooga’s Portal or Services is expressly prohibited.

You acknowledge and agree that you will not use a VPN or similar technology to access or use OogaBooga’s Portal or Services in any way. We reserve the right to restrict or discontinue your access to and use of the Portal and Services if we know or have reason to suspect you are using a VPN for such access or use.

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 Gas Fees

OogaBooga's Services involve the use of the Blockchain, which requires the payment of a fee, commonly known as the "Berachain Gas Fee," paid through BERA, 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 Gas Fees; and (3) Any actual payments of Berachain Gas Fees. Accordingly, the User must ensure that he has a sufficient balance of BERA stored at his Berachain Address to complete a Berachain 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.

4.3 No Broker, Legal or Fiduciary Relationship

OogaBooga is not the User's broker, lawyer, intermediary, agent, or advisor and has no fiduciary relationship or obligation to the User regarding any other decisions or activities that the User effects when using OogaBooga's Portal or Services. No communication or information provided by OogaBooga to the User is intended or to be construed as advice by such User.

4.4 User's Responsibility

As a condition to accessing or using OogaBooga's Portal or Services, the User shall: (a) Only use OogaBooga's Portal and or Services for lawful purposes, and in accordance with these Terms; (b) Ensure that, at all times, all information that the User provides on the Portal is current, complete and accurate; and (c) Maintain the security and confidentiality of his Berachain public and private keys.

4.5 Unacceptable Use or Conduct

As a condition for accessing or using OogaBooga's Portal or Services, the User shall not:

1. Violate any Applicable Law, including, without limitation, any relevant and applicable anti-money laundering and anti-terrorist financing laws, each as may be amended from time to time;
2. Infringe on or misappropriate any contract, intellectual property or other third-party rights, or commit acts of tortious liability while using OogaBooga's Portal or Services;
3. Use OogaBooga's Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
4. Attempt to circumvent any content filtering mechanisms or security measures that OogaBooga employs on the Portal, or attempt to access any Service or area of the Portal or Services that the User is not authorised to access;
5. Use the Services to pay for, support, or otherwise engage in any illegal activities, fraud, money-laundering, terrorist activities, or other illegal activities;
6. Use any robot, spider, crawler, scraper, or other automated means or interface not provided by OogaBooga to access the Services or to extract data;
7. Introduce any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other harmful material into the Portal or the Services;
8. Provide false, inaccurate, or misleading information;
9. Use OogaBooga's Portal or Services from a Restricted Territory;
10. Encourage or induce any third party to engage in any activities prohibited under this Section.

4.6 Your Assumption of Risks

The User represents and warrants that OogaBooga will have no responsibility or liability for any of the risks mentioned in Sections 5, 6, 7, and 8.

5. DIGITAL ASSET RISKS

5.1 Digital Assets

Digital asset prices are volatile and fluctuate day to day. Trading in these digital assets may be considered a high-risk activity. Proper diligence and sound judgement should be used in evaluating the risks associated with these activities. We do not solicit nor represent that digital assets are an investment vehicle. The decision to trade digital assets rests entirely on the users' independent judgement. Any digital asset may decrease in value or lose value due to various factors, including the discovery of wrongful conduct, market manipulation, change to the nature or properties of a digital asset, or governmental or regulatory activity. Demand for digital assets may be partially or wholly driven by speculation or market sentiment.

5.2 Lack of Information Available

You may not have full access to all the information relevant to the particular Digital Asset or its underlying platform or network. It may not be possible to obtain updated information regarding the progress or any changes to particular Digital Assets or their underlying platforms or network. Many Digital Asset issuers or operators may also have no operating history or track record that any be used to evaluate the ability to achieve their stated project goals.

5.3 Network Events

Digital Assets may be subject to various Network Events, including Forks, Airdrops, attacks on the security, integrity or operation of the networks, or Network Participants making a binding decision in relation to the network underlying a Digital Asset. Such events may affect the features, functions, operation, use or other properties of any Digital Asset, Network or platform. The events may also severely impact the price or value of any Digital Assets or even result in the shutdown of the network or platform associated with the Digital Asset. Such Network Events may be beyond the control of the User or OogaBooga, or to the extent OogaBooga has any ability to impact the Network Event, OogaBooga's decision or actions may not be in your interests. Where you transfer digital assets to OogaBooga which are the subject of a Network Event, you may not be entitled to the proceeds arising from any Network Event, and OogaBooga is entitled to keep any digital assets created because of Network Events (for example, in circumstances where there is a fork in the network). The User should not transfer assets to OogaBooga, where you wish to receive the benefits of those Network Events.

5.4 Inflation Risk

Digital Assets may, either because of the inherent design of the digital asset or through Network Events, not be a fixed supply of assets. Where additional Digital Assets are created, the asset's price may decline due to the inflationary effects of adding additional Digital Assets to the total assets available.

5.5 Concentration Risk

At any point in time, one or more persons may directly or indirectly control significant portions of the total supply of any particular Digital Asset offered through OogaBooga. Acting individually or in concert, these holders may have significant influence over the Digital Asset and may be able to influence or cause Network Events which may have a detrimental effect on the price, value or functionality of the Digital Assets. Network Participants may make decisions which may not be in the User's best interest as a holder of Digital Assets.

5.6 Suspensions of Trading/Network Events

Under certain conditions, liquidating a position in Digital Assets may be difficult or impossible. Certain Network Events (including total failure of a network) may occur rapidly and affect the ability of holders of Digital Assets to conduct transactions. Information relating to these Network Events may be difficult to ascertain ahead of time and may be subject to limited oversight by any third party capable of intervening to stabilize the network.

6. Cybersecurity Risks

6.1 Source Code Changes and Flaws

The various source codes underlying Digital Assets and smart contracts are subject to change and may at any time contain one or more defects, weaknesses, inconsistencies, errors or bugs. Unless otherwise represented in writing by OogaBooga, no audit or investigation has been conducted on any source code produced by parties other than OogaBooga.

6.2 Cryptographic advancements

Developments in cryptographic technologies and techniques, including the advancement of artificial intelligence or quantum computing, pose security risks to all cryptography-based systems, including Digital Assets. Applying these technologies and techniques to Digital Assets or the OogaBooga Portal and Services may result in theft, loss, disappearance, destruction, devaluation or other compromises of digital assets, the OogaBooga Portal and Services or your data.

6.3 Reliance on the Internet

Digital Assets and the OogaBooga Portal and Services rely heavily on the Internet. However, the public nature of the Internet means that either part of the Internet or the entire Internet may be unreliable or unavailable at any given time. Further, interruption, delay, corruption or loss of data, the loss of confidentiality in the transmission of data, or the transmission of malware may occur when transmitting data via the Internet. The result of the above may be that your order is not executed according to your instructions or not at all at the desired time.

6.4 Unauthorised access

Unauthorised third parties may use the User wallet and effect transactions without your knowledge or authorisation, whether by obtaining control over another device or account used by the User or other methods.

6.5 Loss of Private Key(s)

Losing control of your private key(s) may permanently and irreversibly deny you access to digital assets. Neither OogaBooga nor any other person will be able to retrieve or protect digital assets for which you hold the private key(s). If the private key(s) is lost, it may become impossible to transfer digital assets to any other address or wallet, and you are solely responsible for securing your private key(s) in a manner that meets the User security circumstances.

6.6 Operational Risk

Breakdowns or malfunctioning of essential systems and controls, including IT systems or Digital Asset networks, may generally affect digital assets' value. In particular, digital assets may suffer from a concentration of operational risk during development, including key personnel, governance, and financial control risk.

7. LEGAL RISKS

7.1 Country Risk

If an investment is made in any Digital Assets issued by a party subject to foreign laws or transactions made on markets in other jurisdictions, including markets formally linked to a domestic market, recovery of the sums invested and any profits or gains may be reduced, delayed, or prevented by exchange controls, debt moratorium, or other actions imposed by the government or other official bodies. Before you use any Product, you should be familiar with any rules or laws relevant to the Services. Your local regulatory authority will be unable to compel the enforcement of the rules of regulatory authorities or markets in other jurisdictions where your transactions have been effected. You should obtain independent advice about the different types of redress available in both your home jurisdiction and other relevant jurisdictions before you start to trade. If your country of residence imposes restrictions on Digital Assets, we may be required to discontinue your access to the Portal and Services. We may not be permitted to transfer Digital Assets held in the Products back to the User or permit the User to transfer Digital Assets out of the OogaBooga Services to the User or others until the regulatory environment permits us to do so.

7.2 Taxation and required reporting to taxation authorities

You are responsible for all taxes in respect of any gains obtained in a Product, including past or retrospective taxes imposed on the Services. Before using any Product, you should understand the tax implications of acquiring, entering into, holding, and disposing of a Digital Asset and a Product. Tax implications of any Service depend on the nature of your business activities and the Product in question. The User should consult their independent tax advisor to understand the relevant tax considerations.

7.3 Regulatory Uncertainty

The Services are potentially exposed to regulatory/legal risk. The legal and regulatory treatment of Digital Assets may change. Regulation of Digital Assets is unsettled and rapidly changing. Legal and regulatory treatment varies according to the jurisdiction. The effect of regulatory legal risk is that any Digital Asset may decrease in value or lose all of its value due to legal or regulatory change. This may affect the value or potential profit of a Product. Legal changes may make a previously acceptable investment illegal or subject to substantial restrictions that may affect the ability to liquidate a position. Changes to related issues such as taxation may occur and radically affect the value or profitability of a Digital Asset. Such risk is unpredictable and depends on geopolitical, economic, sovereign, and other factors. Risks may be asymmetrical between established and emerging markets and affect some Digital Assets significantly more than others. OogaBooga recommends that the User obtains independent legal, tax, and financial advice and continues to monitor the legal and regulatory position in respect of its use of the Services.

7.4 Legal Status of Digital Assets, Services, and Portal

The laws of various jurisdictions may apply to Digital Assets or Services offered through the OogaBooga Portal. Applying these laws and regulations to Digital Assets is largely untested, and laws and regulations are subject to change without prior notice to either OogaBooga or the User. In particular, any current governmental or regulatory tolerance of Digital Assets may change rapidly, and Digital Assets may at any time be deemed to be a security, investment, asset, or money by governmental authorities or regulators, which will affect OogaBooga's ability to offer the Services. As a result of regulation and legislation around Digital Assets, the Portal may not be available in certain jurisdictions or at all. Changes to access to the Portal or the Services may be made unilaterally on short or no notice to the User. OogaBooga may receive formal or informal queries, notices, requests, or warnings by governmental authorities and regulators. Governmental authorities and regulators may take action against OogaBooga. As a result of such events, OogaBooga may be required to discontinue the Portal or Services. The User may also be subject to governmental or regulatory action by holding Digital Assets or using the OogaBooga Portal and Services. The User should take independent legal advice to evaluate the consequences of using the Services before accepting this Terms of Use or using the Services.

8. GENERAL RISKS

8.1 Suitability

You should decide to use any Service provided by OogaBooga only after due and careful consideration. You should determine whether a Product is appropriate in light of your experience in similar transactions, your objectives in engaging with OogaBooga, financial resources, and other relevant circumstances. If you are unsure that the Product is suitable, you should obtain independent legal, tax, or financial advice.

8.2 Fees

Before using the Services, the User should obtain details of all commissions, fees, and other charges for which the User will be liable.

8.3 Not a Research Report

Any content provided by OogaBooga does not purport to be, and is not intended to be, a "research report" or "investment research".

8.4 Commercial Arrangements

OogaBooga may have a relationship with other entities which may not be disclosed to you.

PRIVACY

Please refer to OogaBooga's privacy policy for information about how OogaBooga collects, stores, and processes information about the User.

10. PROPRIETARY RIGHTS

10.1 Intellectual Property Rights Ownership

OogaBooga owns all intellectual property and other rights in the Portal, together with their contents, including, but not limited to, software, text, images, trademarks, service marks, copyrights, patents, and designs. Unless expressly authorised by OogaBooga, the User may not copy, modify, adapt, rent, license, sell, publish, distribute, or otherwise permit any third party to access or use OogaBooga's Portal with its contents. Accessing or using OogaBooga's Portal or Services does not constitute a grant to you of any proprietary intellectual property or other rights in the Interface or its contents.

10.2 Trademarks

Any of OogaBooga's names, logos, and other marks used in the Portal or as a part of the Services, including OogaBooga's name and logo, are trademarks owned by OogaBooga, its Affiliates or its applicable licensors. You may not copy, imitate or use such Trademarks without OogaBooga's (or the applicable licensor's) prior written consent.

11. CHANGES, SUSPENSION AND TERMINATION

11.1 Changes to Services

OogaBooga may, in its sole discretion, from time to time and with or without prior notice to the User, modify, suspend or disable, temporarily or permanently, the Portal or the Services, in whole or in part, for any reason whatsoever, including, but not limited to, as a result of a security incident.

11.2 No Liability

OogaBooga will not be liable for any losses suffered by the User resulting from any modification to the Portal or any Services or from any suspension or termination, for any reason, of your access to all or any portion of OogaBooga's Portal or Services.

11.3 Survival

These Terms will survive any termination of your access to OogaBooga's Portal or Services, regardless of the reasons for its expiration or termination, in addition to any other provision which by law or by its nature should survive.

12. ELECTRONIC NOTICES

The User consents to receive all communications, agreements, documents, receipts, notices, and disclosures electronically (collectively, our "Communications") that OogaBooga provides in connection with these Terms or any Services. The User agrees that OogaBooga may provide Communications to him by posting them on the Portal or by emailing them to the User at the email address provided in connection with the User's use of the Services if any. The User should maintain copies of OogaBooga's Communications by printing a paper copy or saving an electronic copy. The User may also contact OogaBooga's support team to request additional electronic copies of Communications by filing a support request at [email protected].

13. INDEMNIFICATION

The User will defend, indemnify, and hold harmless OogaBooga, its Affiliates, and its Affiliates' respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, "Indemnified Parties") from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out of or relating to: (a) The User's use of, or conduct in connection with, the Portal or the Services; (b) Berachain Blockchain assets associated with the User's Berachain Address; (c) Any feedback or user content the User provides to the Portal if any; (d) The User's violation of these Terms; or (e) The User's infringement or misappropriation of the rights of any other person or entity.

If the User is obliged to indemnify any Indemnified Party, OogaBooga (or, at its discretion, the applicable Indemnified Party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether OogaBooga wishes to settle, and if so, on what terms.

14. 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. You expressly acknowledge, understand, and agree that the Services may contain audio-visual effects, strobe lights or other materials that may affect your physical senses or physical condition. The User expressly acknowledges that the Indemnified Parties are not liable for loss or damage caused by another User’s conduct, unauthorized actors, or any unauthorized access to or use of the Portal or Services.

15. 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, 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.

16. RELEASE OF CLAIMS

You expressly agree that you assume all risks concerning your access to and use of OogaBooga's Portal or Services. Additionally, you expressly waive and release us from any liability, claims, causes of action, or damages arising from or in any way relating to your access to and use of OogaBooga's Portal or Services.

17. THIRD-PARTY RESOURCES AND PROMOTIONS

OogaBooga's Portal or Services 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 OogaBooga's Portal or Services.

We do not endorse or assume responsibility for such resources or promotions. If you access any such resources or participate in such promotions, you do so at your own risk, and you understand that the Terms do not apply to your dealings or relationships with any third parties. You expressly relieve us of any liability arising from your use of any such resources or participation in any such promotions.

18. AGGREGATOR SPECIFICS

18.1 Transactions

Transactions are processed through the aggregator by connecting to various decentralized exchanges. We do not execute trades but facilitate the routing of transactions.

18.2 Fees

Our Services may include fees for transaction routing and other functionalities. Fees are subject to change and will be communicated to users through the Portal.

18.3 Smart Contract Risks

Our Services rely on smart contracts, which may contain vulnerabilities. We are not responsible for any losses due to bugs, exploits, or other issues with smart contracts. Users should conduct their own due diligence regarding the smart contracts they interact with.

18.4 Liquidity Risks

Trading on decentralized exchanges may involve significant slippage and liquidity risks. The prices you receive may differ from expected due to insufficient liquidity. We do not guarantee execution at specific prices.

18.5 Transaction Risks

Transactions may fail due to network congestion, insufficient gas fees, or other reasons. Users are responsible for ensuring sufficient gas fees and understanding the risks of failed transactions. We are not liable for any losses incurred from failed transactions.

18.6 Price Risks

Users acknowledge that the prices of digital assets and other digital assets are highly volatile and can fluctuate significantly within short periods. By using our Services, you accept the risks associated with such price volatility.

18.7 Oracle Risks

Our Services may rely on external price oracles. If an oracle is compromised, it can lead to incorrect pricing and potential losses. We are not liable for inaccuracies or failures of price oracles.

18.8 Security Risks

While we implement reasonable security measures, we cannot guarantee absolute security. Users are responsible for securing their devices and accounts against unauthorized access. We are not liable for losses due to security breaches or hacks.

18.9 Network Risks

Blockchain networks can experience congestion, delays, and forks. These events can impact transaction processing and the functionality of our Services. We are not responsible for any issues arising from network-related events.

18.10 Counterparty Risks

Our Services depend on multiple decentralized exchanges. Issues with any integrated DEX, such as downtime or liquidity problems, can affect our Services. We are not responsible for problems originating from third-party DEXs.

18.11 Economic Risks

Providing liquidity or engaging in other activities on decentralized exchanges can result in economic risks, including impermanent loss. Users should understand these risks before participating.

18.12 Digital Asset Risks

The digital assets traded on our Portal may be subject to various risks, including lack of liquidity and project failures. We do not endorse or guarantee the quality of any tokens listed on our platform.

19. LIQUIDITY RISK AND SLIPPAGE

19.1 Liquidity Risks

19.1.1 Insufficient Liquidity: Our Services aggregate liquidity from multiple decentralized exchanges. However, there may be times when liquidity is insufficient to execute your trades at desired prices. Users acknowledge and accept that insufficient liquidity can lead to unfavorable trading conditions.

19.1.2 Market Depth: The availability of assets and market depth on the decentralized exchanges integrated with our platform can vary. Large orders may significantly impact prices, resulting in higher slippage and less favorable trade execution.

19.2 Slippage

19.2.1 Definition of Slippage: Slippage occurs when the executed price of a trade differs from the expected price due to changes in market conditions between the time the order is placed and when it is executed.

19.2.2 Factors Influencing Slippage: Slippage can be influenced by various factors, including but not limited to market volatility, order size, and liquidity availability on the underlying decentralized exchanges. Users should be aware that these factors are outside our control.

19.2.3 No Guarantees on Execution Prices: While our Services strive to provide optimized trading routes, we do not guarantee execution at specific prices. Users acknowledge and accept that the prices displayed at the time of placing an order may differ from the actual executed prices due to slippage.

19.2.4 High Volatility Impact: During periods of high market volatility, slippage is more likely to occur. Users should exercise caution when trading large volumes or during volatile market conditions to mitigate the risks associated with slippage.

19.3 User Responsibilities

19.3.1 Understanding Risks

Users are responsible for understanding the risks associated with liquidity and slippage when using our Services. By using our platform, you acknowledge and accept these risks.

19.3.2 Trade Management

Users should monitor their trades and consider the potential impact of liquidity and slippage on their transactions. We recommend using limit orders where possible to mitigate the effects of slippage.

20. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by, and construed in accordance with, the laws of the Republic of Seychelles.

We will use our best efforts to resolve potential disputes through informal, good-faith negotiations. If a potential dispute arises, you must first contact us by email at [email protected] so we can attempt to resolve it without resorting to formal dispute resolution. If we cannot reach an informal resolution, then you and OogaBooga agree to determine the potential dispute according to the process below.

This arbitration agreement shall be governed by the laws of the Republic of Seychelles; All disputes arising out of or in connection with this Agreement shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the aforementioned Rules. No award or procedural order made in the arbitration shall be published.

The language of the arbitration shall be English.

Notwithstanding any other provision of these Terms, you agree that OogaBooga has the right to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

21. ENTIRE AGREEMENT

The Terms, including the Privacy Policy, constitute the entire agreement between the User and OogaBooga with respect to the subject matter hereof. The Terms, including the Privacy Policy, supersede any prior or contemporaneous written or oral agreements, communications, and other understandings relating to the subject matter of the Terms.

22. CONTACT US

Please send your feedback, comments, or requests for technical support to [email protected].