Terms and Conditions

1.1 You must be at least the age of majority in your jurisdiction to access or use any of the Functionalities. By accessing or using any of the Functionalities, you represent that you are at least the age of majority (e.g., 18 years of age) and have the full right, power, and authority to enter and comply with these Terms. If you access or use any of the Functionalities on behalf of a legal entity, (a) all references to "you" throughout these Terms will include that entity, (b) you represent that you are authorized to accept these Terms on that entity's behalf, and (c) in the event you or the entity violates these Terms, the entity agrees to be responsible to us.

1.2 You further represent that you are not (a) the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including but not limited to the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury); (b) located, ordinarily resident, organized, established, or domiciled in Cuba, Iran, North Korea, the Crimea, Donetsk, and Luhansk Regions of Ukraine, or any other country or jurisdiction against which the U.S. maintains comprehensive economic sanctions or an arms embargo; (c) engaged in the business of offering illegal or controlled products or services including, without limitation, firearms, explosives, dangerous materials, drugs, pornography, illegal gambling, human trafficking, wildlife trade, products and services derived from endangered or threatened species or other activities which may be considered illegal, dangerous or harmful; and (d) shall not and will not allow restricted persons to use a virtual private network (e.g., a VPN) or other means to inappropriately/evasively access any of the Functionalities.

2.1 You acknowledge and agree that we own all legal right, title and interest in (i) the Functionalities and their contents, including but not limited to software, text, images, all trademarks, service marks, and trade names, (ii) the APIs, and (iii) the Toolkits (such as SDKs). You acknowledge that Bluvo materials are protected by trade dress and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws.

2.2 Subject to your compliance with these Terms, we provide you a limited, personal, non-exclusive, nontransferable, non-assignable, fully revocable license to use the Functionalities, the APIs and the Toolkits. This license is effective until terminated. We may terminate or suspend any or all portions or features of the Functionalities, the APIs or the Toolkits at any time and for any reason or for no reason with no liability to you. This license does not give you any ownership rights in Bluvo or Bluvo materials.

3.1 Please refer to our Privacy Policy, available at https://bluvo.dev/privacy for information on how we collect and use your information.

4.1 You acknowledge and agree that any data provided to you through any of the Functionalities is for your internal business use only, and may not be directly resold or sublicensed to third parties. You may incorporate the data into your own product or service for distribution or use by your own end-users, provided that such distribution or use is in accordance with these Terms and any applicable laws and regulations. You may not offer the data as a standalone product or service, or permit third parties to access or use the data outside of your own product or service without our prior written consent.

4.2 You agree not to engage in any of the following conduct (each a "Prohibited Activity") with respect to any of the Functionalities:

(i) Any activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including (but not limited to) the deployment of viruses and denial of service attacks;

(ii) Any activity that seeks circumvent a usage or capacity limit of any of the Functionalities;

(iii) Any activity to defraud any person or entity, including but not limited to providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another;

(iv) Any activity that violates any applicable law, rule, or regulation concerning the trading of securities, derivatives, or commodities or violates any applicable sanctions or trade embargo laws;

(v) Any activity that violates any other applicable law, contract, intellectual property right or other third-party right or commit a tort; and

(vi) Any attempt to reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any component of the Functionalities, in whole or in part.

4.3 If you engage in any of the Prohibited Activities, we may, at our sole and absolute discretion, without notice or liability to you, and without limiting any of our other rights or remedies at law or in equity, immediately suspend or terminate your access to any of the Functionalities.

5.1 We may, at any time and at its sole discretion, suspend, terminate, deactivate, and delete your access to all or any part of the Functionalities with or without notice to you for any reason or for no reason at all, including without limitation if: (i) you breach any provision of these Terms; (ii) you infringe any intellectual property rights; or (iii) you in engage in any Prohibited Activity.

5.2 The following Sections of these Terms will survive termination of this agreement or discontinuation of your access to any part of the Functionalities: Section 8 (Disclaimer and No Warranties), Section 9 (Indemnification), Section 10 (Limitation of Liability), Section 11 (Release), Section 15 (Dispute Resolution and Binding Arbitration), and Section 19 (Feedback).

6.1 You may be required to connect a digital asset wallet ("Wallet") in order to access the Functionalities. We will never ask you for the private key to a wallet you connect to any of the Functionalities, and as between us, you are solely responsible for any disclosure of the private keys to your digital asset wallets. These Terms are not intended to, and do not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated.

7.1 You agree and understand that all information provided by is for informational purposes only and should not be construed as legal, financial, or tax advice. You should not take, or refrain from taking, any action based on any information contained in any of our Functionalities.

8.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF ANY OF THE FUNCTIONALITIES IS AT YOUR SOLE RISK, AND THAT ACCESS TO ANY OF THE FUNCTIONALITIES IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING ANY PART OF THE OFFERINGS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO ANY OF THE FUNCTIONALITIES WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR SECURE; THAT THE INFORMATION CONTAINED IN ANY OF THE WEBSITES WILL BE ACCURATE, RELIABLE, COMPLETE, OR CURRENT; OR THAT ANY OF THE FUNCTIONALITIES WILL BE FREE FROM ERRORS, DEFECTS, VIRUSES, OR OTHER HARMFUL ELEMENTS.

8.2 YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, YOU AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY.

8.3 WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF ANY BLOCKCHAIN NETWORK OR ANY DIGITAL ASSET WALLET OR OTHER ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (i) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (ii) SERVER FAILURE OR DATA LOSS; (iii) CORRUPTED WALLET FILES; OR (iv) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE PLATFORM, BLOCKCHAIN NETWORK, OR ANY DIGITAL ASSET WALLET OR OTHER ELECTRONIC WALLET.

8.4 WE ARE NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF ANY BLOCKCHAIN NETWORK OR ANY DIGITAL ASSET WALLET OR OTHER ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE BLOCKCHAIN NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.

8.5 FURTHER AI DISCLAIMER. YOU ACKNOWLEDGE THAT THERE MAY BE FUNCTIONALITIES THAT LEVERAGE CERTAIN ARTIFICIAL INTELLIGENCE FEATURES AND FUNCTIONS AND THAT ARTIFICIAL INTELLIGENCE SYSTEMS ARE A RAPIDLY EVOLVING FIELD. WHILE WE ARE ALWAYS WORKING TO IMPROVE OUR FUNCTIONALITIES, THE PROBABILISTIC NATURE OF ARTIFICIAL INTELLIGENCE MEANS THE FUNCTIONALITIES MAY PROVIDE INACCURATE OUTPUTS (SUCH AS HALLUCINATIONS) OR OTHERWISE NOT ALWAYS PRODUCE ACCURATE OR INTENDED RESULTS. AS SUCH, YOU ACKNOWLEDGE THAT NO WARRANTIES ARE MADE BY US WITH RESPECT TO THE SPECIFIC RESULTS OR ANY OUTPUTS OF ANY AI SERVICES OR AI FEATURES OR FUNCTIONS, AND YOU MUST THOROUGHLY REVIEW AND APPROVE ANY SUCH OUTPUT AND CONFIRM APPROPRIATENESS AND ACCURACY FOR THE APPLICABLE USE CASE BEFORE ANY USE OF SUCH OUTPUTS.

8.6 Beta Features. FROM TIME TO TIME, WE MAY OFFER NEW "BETA" FEATURES OR TOOLS WITH WHICH YOU MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT OUR SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.

9.1 To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Bluvo, Co. and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the "Bluvo Parties") from and against any losses, liabilities, claims, demands, damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of any of the Functionalities (b) your violation of these Terms; (c) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (d) your conduct in connection with any of the Functionalities. You agree to promptly notify Bluvo Parties of any third-party Claims, cooperate with Bluvo Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys' fees). You also agree that Bluvo Parties will have control of the defense or settlement, at Bluvo's sole option, of any third-party Claims.

10.1 To the fullest extent permitted by applicable law, Bluvo and the other Bluvo Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Bluvo or the other Bluvo Parties have been advised of the possibility of such damages.

10.2 The total liability of Bluvo and the other Bluvo Parties for any claim arising out of or relating to these Terms, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you to use any of the Functionalities.

10.3 The limitations set forth in this Section 10 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Bluvo or the other Bluvo Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

11.1 To the fullest extent permitted by applicable law, you release Bluvo and the other Bluvo Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a developer or consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

12.1 We may update, amend, alter, or modify these Terms in the future. You agree that Bluvo may make changes to these Terms at any time and for any reason at its sole discretion. If we make material changes to these Terms, we will notify you and give you an opportunity to review the new Terms that will supersede and replace these Terms. Your continued access or use of any of the Functionalities after notice of changes to these Terms will mean that you accept any and all of such changes. If you do not agree to the amended Terms, you must stop using the Functionalities.

13.1 We may update, amend, alter, change, or stop any of the Functionalities, from time to time without prior notice to you.

13.2 We do not have any maintenance, update, or support obligations with respect to any of the Functionalities. You agree that our updates to any of the Functionalities may change the requirements necessary to use such Functionality, and you agree that in such an event you are responsible for any necessary actions, including but not limited to updating software or hardware to access and use such Functionalities.

13.3 We are not responsible for any loss or harm related to your inability to access or use any of the Functionalities.

14.1 The Functionalities may be made available or accessed in connection with third party services (including AI Services) and content (including advertising) controlled by third parties with different terms of use and privacy policies. We do not endorse these third-party services and content, and we are not responsible or liable for any of their products or services. These third-party beneficiaries are not parties to these Terms and are not responsible for the provision or support of the Functionalities in any manner. Your access to the Functionalities using these applications or devices is subject to their respective terms of service and privacy policies.

15.1 Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Bluvo and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.

15.2 No Representative Actions. You agree that any dispute arising out of or related to these Terms or any of the Functionalities is personal to you and Bluvo and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

15.3 Arbitration of Disputes. Except for disputes in which you or Bluvo seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Bluvo waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms, including claims related to privacy and data security, (collectively, "Disputes") resolved in court. Instead, for any Dispute that you have against Bluvo you agree to first contact Bluvo and attempt to resolve the claim informally by sending a written notice of your claim ("Notice") to Bluvo by email at admin@bluvo.co. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Bluvo cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to confidential, binding arbitration. The arbitration shall be conducted in the State of New York by a single arbitrator pursuant to the Rules of the American Arbitration Association ("AAA"). You and Bluvo agree that these Terms affect interstate commerce and that the enforceability of this Section 16 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, Bluvo, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

15.4 You and Bluvo agree that for any arbitration you initiate, you will pay the filing fee up to a maximum of $250, and Bluvo will pay the remaining fees and costs. For any arbitration initiated by Bluvo, Bluvo will pay all fees and costs. You and Bluvo agree that the state or federal courts of the State of Delaware shall have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

15.5 Any dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Bluvo will not have the right to assert the claim.

15.6 You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 15 by contacting Bluvo at admin@bluvo.co. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 15.

15.7 If any portion of this Section 15 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 15 or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 15; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 15 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 15 will be enforceable.

16.1 You agree to pay us any applicable fees in connection with your use of the Functionalities. By completing and submitting any credit card or other payment authorization, you are authorizing us to charge the fees to the Account you identify. You are required to keep all billing information, including payment method, up to date. You authorize and direct us to charge your designated payment method for these charges or, if your designated payment method fails, to charge any other payment method you have on file. Further, you authorize and direct us to retain information about the payment method(s) associated with your Account. If we do not receive payment from your designated payment method or any other payment method on file, you agree to pay all amounts due upon demand by us. You will be responsible for accrued but unpaid charges, even if your account is canceled by you or terminated by us. During any free trial or other promotion, you are still responsible for any purchases and surcharges incurred using your account. We may at our sole discretion update our fees. We are not responsible for any additional fees or charges that you may incur from the use of our Functionalities from third parties.

16.2 You may also incur a fee for the use of or access to a third-party application, functionality or service that you access through the use of Bluvo's Functionalities. You are solely responsible for paying those fees. Those fees are not charged by Bluvo nor are you paying Bluvo those fees. Bluvo will not be liable for your failure to pay any third-party fees.

17.1 Any dispute arising from these Terms will be governed by and construed and enforced in accordance with the laws of the State of Delaware, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration will be resolved in the courts of the State of Delaware or federal courts located in the State of Delaware.

18.1 If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

19.1 You may voluntarily post, submit or otherwise communicate to us, including through third party channels (e.g., Discord), any questions, comments, suggestions, ideas, original or creative materials or other information about the Functionalities (collectively, "Feedback"). By posting or submitting any Feedback to us, you hereby irrevocably grant to Bluvo a worldwide, perpetual, irrevocable, royalty-free, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Feedback (in whole or in part) in any media and to incorporate the Feedback into other works in any format or medium now known or later developed. You understand that Bluvo may treat Feedback as nonconfidential.

20.1 The failure of Bluvo to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word "including" will be interpreted to mean "including without limitation." Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.

Please contact us at admin@bluvo.co with any questions about these Terms.