Terms of Service

Last Updated: March 1, 2025

1. Introduction

Welcome to Binary Builders AG (“Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our website, software, applications, tools, and other services (collectively, the “Services”) provided by Binary Builders AG, a company registered in Switzerland.

2. Data Controller

2. Acceptance of Terms

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of the Terms, you may not access the Services.

3. Eligibility

You must be at least 18 years old to use our Services. By agreeing to these Terms, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into a binding contract
• You are not barred from using the Services under applicable law
• You will comply with these Terms and all applicable laws and regulations

4. Services Description

4.1 Blockchain Services

We provide software development, infrastructure, and related services for blockchain technology. Our Services may include:

• Software development and deployment
• Node operation and validation services
• Infrastructure maintenance
• Technical consulting
• Smart contract development and auditing
• Blockchain network support services

4.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

5. User Accounts

5.1 Account Creation

Some Services may require you to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information
• Keep your account credentials secure
• Not share your account credentials
• Notify us immediately of any unauthorized access

5.2 Account Termination

We reserve the right to suspend or terminate your account at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

6. User Responsibilities

6.1 Acceptable Use

You agree not to:

• Use the Services for any illegal purpose
• Violate any applicable laws or regulations
• Infringe upon intellectual property rights
• Attempt to gain unauthorized access to any part of the Services
• Use the Services to transmit harmful code or malware
• Interfere with the proper working of the Services
• Engage in any activity that disrupts or interferes with our Services

6.2 Blockchain-Specific Obligations

You acknowledge and agree that:

• Blockchain transactions are irreversible
• You are responsible for maintaining your private keys and wallet security
• We are not responsible for any loss of digital assets
• You will comply with all applicable regulations regarding digital assets
• You understand the risks associated with blockchain technology

7. Fees and Payment

7.1 Service Fees

• We may charge fees for certain Services
• All fees are in Swiss Francs (CHF) unless otherwise stated
• Fees are non-refundable unless required by law
• We may modify our fees upon notice

7.2 Payment Terms

• Payment is due according to the terms specified for each Service
• You agree to provide accurate billing information
• You authorize us to charge applicable fees to your payment method

8. Intellectual Property Rights

8.1 Our Intellectual Property

• All rights, title, and interest in the Services are owned by us
• Our software is protected by copyright and other intellectual property laws
• Our trademarks, logos, and service marks are our exclusive property

8.2 License Grant

We grant you a limited, non-exclusive, non-transferable license to use our Services in accordance with these Terms.

9. Third-Party Services

9.1 External Links and Services

• Our Services may contain links to third-party websites or services
• We are not responsible for third-party content or services
• Your use of third-party services is at your own risk

9.2 Blockchain Networks

• We are not responsible for the operation of any blockchain networks
• Network fees and conditions are outside our control
• We do not guarantee the performance of any blockchain network

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES.

12. Indemnification

You agree to indemnify and hold harmless Binary Builders AG and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising from your use of the Services or violation of these Terms.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on our website. Your continued use of the Services after such modifications constitutes your acceptance of the new Terms.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Switzerland. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Zug, Switzerland.

15. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, cybersecurity incidents, changes in law or regulations, or blockchain network failures.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

17. Contact Information

If you have any questions about these Terms, please contact us at:

18. Entire Agreement

These Terms constitute the entire agreement between you and Binary Builders AG regarding the use of our Services and supersede any prior agreements.