the BETRWallet, https://betrwallet.com/, the technology and the platforms integrated therein and
any applications associated therewith, which are operated and maintained by
Better Management Ltd, 48 Warwick Street, London, W1B 5AW (BML , We, or Us)as a service to
BETR Sihtasutus. We provide you with the possibility to use Our Technology Platforms
- BETR IP shall mean all and any copyright and other intellectual property rights in all content
and other materials contained on the Technology Platform or provided in connection with the Services, including, without limitation,
the BETR name, trademark, BETR logo, the BETR Wallet name and logo and all designs, text, graphics, pictures, information, data, software,
technologies, know-hows, sound and video files, other files and the selection and arrangement thereof. Any brands or technology owned by
BETR Sihtasutus in BETR Wallet are used under license from BETR Sihtasutus
- BETR tokens shall mean the BETR cryptocurrency issued by the Company.
- BETR Wallet is a User account accessible after the registration process and via the Services which provides access to crypto
assets on behalf of a User. This account purely provides access - any assets that are accessed are stored and managed in the underlying
- Communications shall mean all and any communication, agreement, document, receipt, notice and disclosure, which may be from
time to time addressed to User by BML.
- Company shall mean Better Management Ltd, 48 Warwick Street, London, W1B 5AW, United Kingdom (BML);
- Crypto assetsshall mean such type of assets which can only and exclusively be transmitted by means of blockchain technology,
including but not limited to digital coins and digital tokens and any other type of digital mediums of exchange, such as BETR, Bitcoin (BTC),
Ethereum (ETH), etc, to the full and absolute exempt of the securities of any kind.
- An Ethereum Transaction shall be understood as the execution of a function call on the Ethereum network on behalf of the user by
the BETR Wallet Account User, such function call may be any valid contract function call including but not limited to transfer of crypto between
- Feedback is any feedback, suggestion, idea or other information or material regarding BML or our Services that you provide,
whether by email, posting through our Services or otherwise.
- Force Majeure Event shall be understood as any event beyond BML's reasonable control, including but not limited to flood,
extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of
government, suspension of bank accounts of any kind, extraordinary leaps of the course of crypto asset, communications, network or power
failure, or equipment or software malfunction or any other cause beyond BML’s reasonable control.
- Send/Receive of crypto assets shall mean execution of the appropriate ERC20 function calls on Ethereum by the user's
BETR Wallet Account.
- Technology Platform shall mean the BETR wallet system developed by the Company.
- Third-party Content is the content provided by third parties, including without limitation links to web pages of such parties, which
may be represented on the Technology Platform.
- Third-party service is any platform or network in which crypto assets belong to you or where you are the beneficial owner of crypto
assets; and this platform is maintained by a third party outside of the Services; including, but not limited to third-party accounts.
- Transfer for the purposes herein shall mean the execution of the Ethereum ERC20 contract call on behalf of User’s BETR Wallet account,
which is technically executed by BETR in accordance with User’s Send/Receive request.
2. WARRANTIES, REPRESENTATIONS AND COVENANTS
- It is a pre-condition that our Services are only provided to those who are permitted to enter in legally binding relationships. Therefore, if
there is any reason why you are not able to enter into legally binding relationships with Us, for whatever reason – do not use our BETR Wallet Services.
- You further represent and warrant that you:
- have not previously been suspended or removed from our Services;
- have full power and authority to enter into this legal relationship and by doing so will not violate any other legal relationships;
- use our Technology Platform with your own username or e-mail and for your own benefit and do not act on behalf and/or to the interest of any
- guarantee that your crypto assets, which you transfer on the Technology Platform are not sold, encumbered, not in contention, or under seizure,
and that neither exist any rights of third parties to your crypto assets;
- will not use our Services or will immediately cease using those if any applicable law in your country prohibits or will prohibit you at any
time from doing so;
- will not use our Services or will immediately cease using those if you are a resident or become a resident at any time of the state or region
(in accordance with such state or region definition of residency), where the crypto assets transactions you are going to execute are prohibited
or require special approval, permit and/or authorization of any kind, which BETR has not obtained in this state or region.
- When accessing or using the Technology Platform, you further represent, agree and warrant, that you will not violate any law,
contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct
while using our Technology Platform. Without prejudice to the generality of the foregoing, you represent, agree and warrant, that
you will not:
- Use the Technology Platform in any manner that could interfere with, disrupt, negatively affect or inhibit other users
from using our Technology Platform with full functionality, or that could damage, disable, overburden or impair the
functioning of Technology Platform in any manner;
- Use the Technology Platform to pay for, support or otherwise engage in any: fraud; money-laundering; or terrorist
activities; or any other illegal activities;
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by Us to access the Technology
Platform or to extract data;
- Use or attempt to use another User account without authorisation;
- Attempt to circumvent any content filtering techniques We employ, or attempt to access any service or area of our
Technology Platform that you are not authorised to access;
- Develop any third-party applications that interact with our Technology Platform without our prior written consent;
- Provide false, inaccurate, or misleading information;
- Encourage or induce any third party to engage in any of the activities prohibited under this Section.
- You indemnify and hold BML harmless against any claims, demands and damages, whether direct, indirect, consequential or special,
or any other damages of any kind, including, but not limited to, loss of use, loss of profits or loss of data, whether in an action
in contract, tort (including but not limited to negligence) or otherwise, originated from or in any way connected with invalidity or
breach of any of the warranties, representations and covenants of this section and the entire terms.
3. RISK DISCLOSURE
- Risks Associated with the Internet-based Ethereum Transaction System. You acknowledge that there are risks associated with
utilising an Internet-based transaction system including, but not limited to, the failure of hardware, software, and Internet
connections. You acknowledge that BML shall not be responsible for any communication failures, disruptions, errors, distortions or
delays you may experience when using the Technology Platform, howsoever caused.
- Risks Associated with the Blockchain Protocol. The Technology Platform and its related Services are based on the Blockchain
Protocol. As such, any malfunction, unintended function, unexpected functioning of or attack on the Blockchain protocol may cause
the Technology Platform to malfunction or function in an unexpected or unintended manner.
- Risks Associated with Blockchains and Crypto Assets. You acknowledge and accept that the BETR has no control over any
cryptocurrency network and you understand all risks associated with utilising any crypto assets network, including, but not limited
to the risk of unknown vulnerabilities in or unanticipated changes to any network protocol. We will not be responsible for any harm
occurring as a result of such risks.
- No Control Over Your Own Actions. You agree to indemnify and hold BML harmless against any claims, demands and damages, whether
direct, indirect, consequential or special, or any other damages of any kind, including, but not limited to, loss of use, loss of
profits or loss of data, whether in an action, in contract, tort (including but not limited to negligence) or otherwise, originated
from or in any way connected with your use of our technology platform, including, but not limited to those arising from your personal
error and misbehaviour such as forgotten passwords, incorrectly constructed transactions, loss of your accesses etc.
4. CRYPTO ASSETS PROTECTION
- We strive to protect your crypto assets from unauthorised access, use, or spending. We use a variety of physical and technical
measures designed to protect our systems and your crypto assets. By accessing your crypto assets through your BETR Wallet Account you
entrust and entitle BML to ultimately take decisions on the safety and security of your crypto assets.
- We reserve the right to take different measures of protection, which include, but are not limited to a diversification of crypto
assets in different allocations whether on a segregate record (account) or not.
- Nothing herein shall be deemed or construed as a willingness to a seizure of your crypto assets. The main purpose of this section
is to notify you about different measures of protection, that We use to keep your crypto assets safe.
5. ELECTRONIC NOTICES
- Consent to Electronic Delivery. You agree and consent to receive electronically all Communications, that BML may be willing to
communicate to you in connection with your BETR Wallet Account. You agree that BML may provide these Communications to you by
posting them on the Technology Platform.
- Withdrawal of Consent. You may withdraw your consent to receive electronic Communications by sending a withdrawal notice to
support. If this is a case you waive your right to plead ignorance. If you decline or withdraw consent to receive electronic
Communications, BML may suspend or terminate your use of the Technology Platform.
- Updating Contact Information. Should you use an email address as a BETR Wallet user name, it is your responsibility to keep
your email address on file with BML up to date so that BML can communicate with you electronically. You understand and agree
that if BML sends you an electronic Communication but you do not receive it because your email address on file is incorrect,
out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, BML will be
deemed to have provided the Communication to you. You waive your right to plead ignorance. Please note that if you use a spam
filter that blocks or re-routes emails from senders not listed in your email address book, you must add BML to your email address
book so that you will be able to receive the Communications BML sends you. You can update your email address at any time by logging
into your BETR Wallet Account or by sending such information to support.
6. SPECIAL CONDITIONS
- Transfer confirmation. Once your ethereum function call request is executed, a confirmation will be electronically made available via
the Technology Platform detailing the particulars of the Ethereum Transaction. You acknowledge and agree that the failure of the
Technology Platform to provide such confirmation shall not prejudice or invalidate the terms of such transaction.
- Conditions and Restrictions. We may, at any time and in our sole discretion, refuse to perform any Ethereum Transaction
requested via the Technology Platform, impose limits on the Transfer amount permitted via the Technology Platform or impose any
other conditions or restrictions upon your use of the Technology Platform without prior notice.
- Access to the Services. We may, in our sole discretion and without liability to you, with or without prior notice and at any time,
modify or discontinue, temporarily or permanently, any portion of our Services.
- Cancellations. You may only cancel an Ethereum Transaction request initiated via the Technology Platform if a cancellation interface is
exposed by the Ethereum contract and such cancellation
occurs before BML executes the Transaction. Once your Transaction request has been executed, you may not change, withdraw or cancel
your authorization for BML to complete such Transaction.
- Insufficient Crypto Assets. If you have an insufficient amount of crypto assets in your BETR Wallet Account to complete an
Ethereum Transaction via the Technology Platform, the entire order will not succeed.
- Taxes. It is your responsibility to determine what, if any, taxes apply to the Transactions you complete via the Technology
Platform, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that BML
is not responsible for determining whether taxes apply to your transfers or for collecting, reporting, withholding or remitting any taxes
arising from any Trades and Transfers and does not act as your tax agent.
- Feedback. We own exclusive rights, including all intellectual property rights, to Feedback. Any Feedback you submit is non-confidential
and shall become the sole property of BML. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose,
commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including inter
alia any copyrights). We also have the right to disclose your identity to any third party who is claiming that any content posted by you
constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you
make on our website, social channels, blogs etc if, in our opinion, your post does not comply with the content standards set out therein.
7. SUSPENSION AND TERMINATION OF YOUR BETR WALLET ACCOUNT
- In case of your breach of the Terms, or any other event as We may deem necessary, including without limitation market disruption and/or
Force Majeure event We may, in our sole discretion and without liability to you, with or without prior notice:
- suspend your access to all or a portion of our Services; or
- prevent you from completing any actions via the Technology Platform, including closing any open Trade orders. In case the
transferring resumes, you acknowledge that prevailing market rates may differ significantly from the rates available prior to
such event; or
- delete or deactivate your BETR Wallet Account and all related information and files in such accounts.
- In the event of termination, BML will enable the return of any crypto assets accessed via your BETR Wallet Account, unless BML
believes you have committed fraud, negligence or other misconduct.
8. DISCLAIMER OF WARRANTIES. LIMITATION OF LIABILITIES
- Except as expressly provided to the contrary in a writing by Us, our services are provided on an As is and As available
basis. We expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied
warranties of merchantability, fitness for a particular purpose, title and non-infringement as to our services, including the information,
content and materials contained therein.
- You acknowledge that information you store or transfer through our services may become irretrievably lost or corrupted or temporarily
unavailable due to a variety of causes, including but not limited to software failures, protocol changes by third party providers, internet
outages, Force Majeure event or other disasters including third party DDOS attacks, scheduled or unscheduled maintenance, or other causes
either within or outside our control. You are solely responsible for backing up and maintaining duplicate copies of any information you
store or transfer through our services.
- Except as otherwise required by law, in no event shall BML, our Founders, officers, members, employees or agents be liable for any
direct, indirect, consequential or special damages, or any other damages of any kind, including, but not limited to, loss of use, loss of
profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or
in any way connected with the use of or inability to use our services or the BETR IP, including without limitation any damages caused by
or resulting from reliance by any user on any information obtained from BML, or that result from mistakes, omissions, interruptions,
deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not
resulting from a force majeure event, communications failure, theft, destruction or unauthorised access to BML's records, programmes or
- We resume the right, in our sole discretion, to control any action or proceeding (at our expense) to which We are a participant and
determine whether We wish to settle it.
- To the maximum extent permitted by applicable law, in no event shall the aggregate liability of BML (including our Founders, officers,
members, employees and agents), whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product
liability, strict liability or other theory, arising out of or relating to the use of, or inability to use, BETR Tokens or to these terms exceed
the fees paid by you to BML within 3 months immediately preceding the date of any claim giving rise to such liability.
- BML shall not be liable for:
- any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information;
- any loss or damage arising from a Force Majeure Event.
- We strive to protect our users from fraudulent and scam activities in crypto assets. It is possible that some crypto assets are
purposed for unlawful seizure of the property, or are construed as a fraud, scam or any other activity, recognized by the laws as illegal
and/or non-compliant with legal requirements. We reserve the right to prohibit and discontinue any transactions on our Technology Platform
with such crypto asset at our sole discretion, without any prior notice to you and without publication of the reason for such decision,
whenever this comes to our knowledge. You indemnify and hold BML harmless against any claims, demands and damages, whether
direct, indirect, consequential or special, or any other damages of any kind, including, but not limited to, loss of use, loss of profits
or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, originated from or in any
way connected with prohibition and discontinuation of transactions in our technology platform with any crypto asset.
9. APPLICABLE LAW; ARBITRATION
- You and BETR agree to arbitrate any dispute arising from these Terms or your use of the Services, except for disputes in which either party
seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Arbitration
prevents you from suing in court or from having a jury trial. You and BETR agree to notify each other in writing of any dispute within thirty (30)
days of when it arises. Notice to BML shall be sent to [email protected]
- BML and the User agree to make good faith efforts to negotiate and resolve any dispute, controversy or claim arising between the Parties
relating to these Terms.
- These Terms are governed by the laws of the United Kingdom.
- If the Parties, or their representatives, are unable to resolve the dispute within 30 days by negotiations then any dispute, controversy or
claim arising out of these Terms, or the breach, termination or invalidity thereof, which the Parties have failed to solve by negotiations, will
be settled by the UK courts.
- If any clause or provision in these Terms is held unlawful, void or unenforceable, then that clause or provision will not affect the validity
or enforceability of any of the remaining parts of these Terms.
- Entire Agreement. These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties
regarding the Services.
- Order of Precedence. In the event of any conflict between these Terms and any other agreement you may have with BML, the terms of that other
agreement will prevail only if these Terms are specifically identified and declared to be overridden by such other agreement.
- Amendments. We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion. If We make changes
to these Terms, We will provide you with notice of such changes, such as by sending an e-mail or providing notice on BETRWallet.com The amended
Terms will be deemed effective immediately upon posting for any new users of the Services. In all other cases, the amended Terms will become
effective for pre-existing Users upon the earlier of either:
- the date User clicks or presses a button to accept such changes or;
- the date User continues use of our Services after BML provides notice of such changes or publishes new version of the Terms on the
- Any amended Terms will apply prospectively to use of the Services after such changes become effective. If you do not agree to any amended Terms,
you must discontinue using our Services and contact us to terminate your account.
- No Waiver. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
- Severability. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these
Terms, all of which shall remain in full force and effect.
- Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from BML,
including by operation of law or in connection with any change of control. BML may assign or transfer any or all of its rights under these Terms,
in whole or in part, without obtaining your consent or approval.
- Headings. Headings of sections are for convenience only and shall not be used to limit or construe such sections.
11. REGISTRATION OF AN ACCOUNT WITH BETR WALLET
- It is necessary to go through the registration process and create an account with BETR Wallet to use our Technology Platform in a right order
and with its full functionality unless a client side wallet device is used.
- BML reserves the right, in its sole discretion, to limit the number of BETR Accounts that you may hold, maintain or create. BETR Wallet Accounts cannot
be assigned to any third party.
- When you create a BETR Wallet Account, you undertake to:
- create a strong password that you do not use for any other websites, online or off-line services; provide accurate and truthful information.
your personal information;
- maintain the security of your BETR Wallet Account by protecting your password and restricting access to your BETR Wallet Account;
- promptly notify Us if you discover or otherwise suspect any security breaches related to your BETR Wallet Account;
- take responsibility for all activities that occur under your BETR Wallet Account and accept all risks of any authorized or unauthorised access to
your BETR Wallet Account, to the maximum extent permitted by law.
12. ACCESS TO CRYPTO ASSETS VIA BETR WALLET
- Our Technology Platform allows Users to access crypto assets using BETR Wallet Account from external third-party service and vice versa except to certain
limitations, which may be updated from time to time. YOU INDEMNIFY AND HOLD BML and the BETR Foundation harmless against any claims, demands and damages, whether
direct, indirect, consequential or special, or any other damages of any kind, including, but not limited to, loss of use, loss of profits or loss of data,
whether in an action in contract, tort (including but not limited to negligence) or otherwise, originated from or in any way connected with your
function call requested in violation of settled limitations.
- Authorisation to create an address. You understand and acknowledge, that an address for receiving crypto assets will be created automatically as soon
as you request the transfer and before any crypto asset can be remitted to Your BETR Wallet Account and you fully and irrevocably authorise its creation.
- Ownership verification. In case you are required to verify, that you possess crypto assets of the third-party service that you use to remit crypto
assets to your BETR Wallet Account, you undertake to provide such verification by following BETR Wallet instructions.
- Transaction Authorisation. When you request Us to execute an Ethereum function call that may include sending crypto assets from your BETR Wallet Account,
you authorise BML to execute such Transaction via the Technology Platform.
- No control over third-party services. You may be charged fees by the third-party service you use to remit to your BETR Wallet Account. BML is not
responsible for any third-party services’ fees. You are solely responsible for your use of the third-party service, and you agree to comply with all
terms and conditions applicable to any third-party service.
- Delays. Subject to the terms and conditions of these Terms, We will use commercially reasonable efforts to record all Transfers on a spot basis as
soon as practicable. However, the timing associated with function calls on crypto assets depends inter alia upon the performance of third-parties services,
and We make no guarantee that transactions will be executed in any specific timeframe. You hereby understand and acknowledge, that any delays are
possible; you indemnify and hold BML harmless against any claims, demands and damages, whether direct, indirect, consequential or special, or any other
damages of any kind, including, but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but
not limited to negligence) or otherwise, arising out of or in any way connected with the transfer delay, whether originated from our fault or not.
13. ETHEREUM TX FEE
- Amount of Fees. You agree to pay the fees for Ethereum Transactions completed via the Technology Platform (Fees). The Ethereum network (Blockchain)
charges for each computation required to facilitate a transaction. The TX Fee is calculated as gas limit*gas price in ETH.
- Payment of Fees. Any applicable Fees are automatically deducted from your Wallet in connection with transactions you complete via the
14. COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS.
- Unless otherwise indicated by Us, BETR IP is the proprietary property of BML or our licensors or suppliers and is protected by international copyright
laws and other intellectual property rights laws.
- We hereby grant you a limited, non-exclusive and non-sublicensable license to access and use the Better Management IP for your personal or business use solely
for the purposes of regular use of the Technology Platform.
- Such license is subject to these Terms and does not permit:
- any resale of the BML IP;
- the distribution, public performance or public display of any BML IP;
- modifying, adapting or otherwise making any derivative uses of the BML IP, or any portion thereof; or
- any use of the BML IP other than for the intended purposes.
- The license granted under this Section will automatically terminate if We suspend or terminate your access to the Services.
15. THIRD PARTY CONTENT
- While using our Technology Platform, you may view Third Party Content. We do not control, endorse or adopt (unless otherwise expressly stated by Us) any
Third-Party Content and shall have no responsibility for Third Party Content, including without limitation material that may be misleading, incomplete,
erroneous, offensive, indecent or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between
you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand
that your use of Third-Party Content, and your interactions with third parties, is at your own risk.