9. LIMITATION OF WARRANTIES

By using this Website, you understand the Website is provided "as is" and "as available". This means that we do not represent or warrant to you that you will have uninterrupted access or and error-free Website, and that any defects in the operation or functionality of our Services and Materials will be repaired or corrected.

Furthermore, you understand and agree that:

• any content downloaded from our Website is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

• no information or advice, whether expressed, implied, oral or written, obtained by you from BlockBytes shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

• TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT NOT COVERED UNDER THE APPLICABLE WARRANTY, BLOCKBYTES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WHETHER RELATED TO USE OF THIS WEBSITE OR BLOCKBYTES SERVICES.

• BlockBytes DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND BlockBytes WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SERVICES.

10.INDEMNIFICATION

Please note that we currently do nYou agree to indemnify, defend, and hold harmless BlockBytes and its parent company, subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, liabilities, damages, losses, obligations, costs or debt, expenses (including reasonable attorney’s fees), regulatory penalties and enforcement actions arising out of or in connection with: (i) your use of and access to any services, or this Website, including any data or content transmitted or received by you; (ii) your violation of any term of this User Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) your willful misconduct; or (vi) any other party’s access and use of the Website with your unique username, password or other appropriate security code.ot have or participate in any “Do Not Track” frameworks that would allow us to respond to any “Do Not Track” signals in the HTTP header on your browser or mobile application settings.

11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR ACCESS TO OR USE OF THE WEBSITE.

This includes, without limitation, any damages resulting from:

• Interruptions or downtime of the Website;

• Unauthorized access or use of the Website;

• Technical errors, data loss, or corruption;

• Any other use of the Website, whether foreseeable or unforeseeable.

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK, AND THE COMPANY MAKES NO WARRANTIES OR GUARANTEES REGARDING THE WEBSITE’S PERFORMANCE OR ACCESSIBILITY.

12. INTELLECTUAL PROPERTY

Limited License. You acknowledge and agree that the content on our Website and our Services or resources relating to the content on our Website are our sole and exclusive intellectual property. You will have a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access to the content on our Website and our Services for informational purposes only. 

You agree not to reproduce, copy, duplicate, distribute, lend, sell, or otherwise transfer or disclose to any other individual or party, the content on our Website and the use of our Services, without our express prior written consent. In the event that you are licensed or otherwise authorized to use the content on our Website and our Services, you agree to name us as your source of information and cite our Website and Services.

‍Intellectual Property Assignment. You hereby assign all rights, title, and interest and give us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to any intellectual property you may directly or indirectly create in using our Website and Services, which include the use of your name and likeness in connection with using our Website. You shall cooperate with us in obtaining execution of all necessary paperwork to perfect our title in such intellectual property including, but not limited to, intellectual property assignment and transfer contracts, documentation for registration and recordation with the United States Copyright Office, the United States Patent and Trademark Office, the World Intellectual Property Organization and any other government or non-government entity throughout the world, and/or any other formalities that may be required by applicable national and international laws and treaties. Notwithstanding the foregoing, any intellectual property assignments anticipated under this section may exclude the creation and use of any intellectual property permitted under the limited license described herein. Company and Client may deem works prepared by Company for Client’s permitted commercial use, or any additional services that have been specially ordered or commissioned for which the parties have agreed in writing as a Work Made for Hire. In such circumstances, Client may be considered the author and owner of the copyright and Company shall cooperate with Client in obtaining execution of all necessary paperwork to perfect Client’s title in such intellectual property including, but not limited to, intellectual property assignment and transfer contracts, documentation for registration and recordation with the United States Copyright Office, the United States Patent and Trademark Office, the World Intellectual Property Organization and any other government or non-government entity throughout the world, and/or any other formalities that may be required by applicable national and international laws and treaties.

‍Intellectual Property Enforcement. Our Website and Services, are protected by applicable copyright, trademark law and/or any other form of intellectual property law. We reserve the right to pursue all legal and equitable remedies for any unauthorized reproduction, copying, duplication, distribution, lending, selling, or otherwise transfer or disclosure of our Website and Services to enforce our intellectual property rights.

13. COPYRIGHT INFRINGEMENT

If you believe that any of our Website content violates your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

Copyright Policy

We ask your cooperation in protecting the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please send an email to support@blockbytescapital.io or written documents to the address of the Designated Agent below that include the following information:

• a signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed

• a description of the copyrighted work that you claim has been infringed

• a description of where the material that you claim is infringing is located on the site

• your address, telephone number, and email address

• a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

• a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the lawa statement by you made under penalty of perjury that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Claims of copyright infringement may be sent to BlockBytes at the following address: 8000 Towers Crescent Dr., Suite 2350, Vienna, VA 22182.

14. GOVERNING LAW

This Website is operated by BlockBytes and may be accessed from most countries worldwide. By using this Website, you agree that the laws of the State of California, United States, without regard to its conflict of laws principles, will govern all matters relating to your use of the Website.Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in California, United States. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

15. ENTIRE AGREEMENT

This User Agreement and the Privacy Policy constitute the entire and exclusive understanding and agreement between BlockBytes and you.

16. SEVERABILITY

The invalidity or unenforceability of any provision of these Terms does not affect the validity or enforceability of any other provision of these Terms. If a court of competent jurisdiction determines that any provision is invalid, the remaining provisions of these Terms are to be construed as if the invalid provision had never been included in these Terms.

17. WAIVER

No failure or delay by the Company in exercising any right under these Terms shall constitute a waiver of that right.

18. AML/KYC

BlockBytes Capital operates as a private investment manager providing discretionary investment management services to accredited and professional investors. The firm applies a risk‑based AML and KYC framework consistent with international standards and applicable U.S. and non‑U.S. regulations. Client identity verification, sanctions screening, source of funds and source of wealth assessments are conducted prior to account activation. Enhanced due diligence may be applied where risk factors are identified. BlockBytes Capital does not provide custodial services, does not transmit client funds, and does not operate as a money services business.