Binance.US Web3 Wallet Terms

These Binance.US web3 wallet terms of use (these “W3W Terms”) constitute a legally binding agreement between you and BAM Technology Services Inc. (“BAM Tech”). The W3W Services (defined below) are provided to you by BAM Tech.

These W3W Terms set out product-specific terms and conditions that apply to your use of the W3W Services. The W3W Services comprise non-custodial wallet software and user interfaces, which are technology tools only and do not include any Third-Party Services. Once you have created a Wallet, you will be able to use the W3W Services in accordance with these W3W Terms.

These W3W Terms are supplemental to and shall be read together with the Binance.US Terms of Use, and the provisions set out in the Binance.US Terms of Use shall continue to apply to your use of the W3W Services. In the event of any conflict or inconsistency between these W3W Terms and the Binance.US Terms of Use, these W3W Terms shall prevail, but only to the extent that the conflict or inconsistency specifically relates to the Wallet or the W3W Services, unless expressly stated otherwise.

Any provision of the Binance.US Terms of Use that contradicts, qualifies, or could reasonably be construed to compromise the non-custodial and technology-only nature of the Wallet and the W3W Services (including any implication of custody, deposit-taking, trust, fiduciary capacity, safekeeping, possession or control of user Digital Assets, order transmission or execution, brokerage, or agency) shall be disapplied and deemed not to apply to the Wallet, the W3W Services and these W3W Terms, in each case to the extent of such inconsistency.

RISK WARNING: As with any asset, the value of Digital Assets can fluctuate significantly and there is a material risk of economic loss when buying, selling, holding or investing in Digital Assets. You should therefore consider whether trading or holding Digital Assets is suitable for you in light of your financial circumstances. Further information on the risks associated with using the W3W Services is set out in clause 9 (Assumption of Risks) of these W3W Terms; however, it cannot asses how such risks may relate to your personal circumstances. It is important that you fully understand the risks involved before making a decision to use the W3W Services.

BAM Tech is not your broker, intermediary, agent or advisor and has no fiduciary relationship or obligation to you in connection with any Transactions or other activities you undertake when using the W3W Services. We do not provide investment or consulting advice of any kind and no communication or information that we provide to you is intended as, or should be construed as, advice of any kind. It is your responsibility to determine whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance and you are responsible for any associated loss or liability. We do not recommend that any Digital Asset should be bought, earned, sold or held by you. Before making the decision to buy, sell or hold any Digital Asset, you should conduct your own due diligence and consult your financial advisor. We are not responsible for the decisions you make to buy, earn, sell or hold Digital Assets based on the information provided by us, including any losses you incur arising from those decisions.

These web3 wallet (“W3W”) Terms govern your access to and use of the W3W Services. By accessing and using the W3W Services and creating an MPC wallet (the “Wallet”), you agree to these W3W Terms.

The W3W Terms are in addition to any terms set by Third-Party Services. Your reliance on and use of Third-Party Services through the W3W will generally be subject to separate terms and conditions prescribed by a Third-Party Service Provider relating to the applicable Third-Party Service. Those terms and conditions may involve separate fees and charges, and/or may include disclaimers or risk warnings about reliance on or the accuracy of any information. Such Third-Party Service Providers may also apply a privacy policy different from the one which W3W maintains. It is your responsibility to understand the terms and conditions of Third-Party Services, the risks associated with the use of these Third-Party Services, including how those Third-Party Service Providers use any of your information under their privacy policies.

BAM Tech., W3W, and the W3W Services do not provide deposit, fiduciary, custody or trust services and do not intermediate, transmit or execute your transactions. The W3W Services are non‑custodial software and interfaces that allow you to create and use an MPC Wallet and other wallet‑related tools.

The W3W software and W3W Services are provided by BAM Tech, and are not provided by BAM Trading Services Inc. The W3W Services are not licensed money transmission services. Any balance associated with the W3W is NOT insured by the FDIC, SIPC, NCUA, or any other state or federal insurance system.

Please read these W3W Terms carefully to understand your rights and obligations.

These definitions shall apply to these W3W Terms when they are used with a capitalized word. Unless otherwise defined below, other capitalized words used in these W3W Terms and not defined hereunder shall have the same meaning given to them in the Binance.US Terms of Use.

“Aggregated Wallet” has the meaning given in clause 4.1.2 (Third Party Wallet Aggregation Services) of these W3W Terms.

“Airdrop” means the attempted distribution or distribution by a Digital Asset network or other parties of any Digital Asset to Digital Asset addresses of a supported network.

“Applicable Law” means all relevant or applicable statutes, laws (including rules of common law), principles of equity, rules, regulations, regulatory principles and requirements, notices, orders, writs, injunctions, judgements, bye-laws, rulings, directives, proclamations, circulars, mandatory codes of conduct, guidelines, practice notes and interpretations (whether of a governmental body, regulatory or other authority, or self-regulatory organization of which BAM Tech is a member), that are applicable to the provision, receipt or use of the W3W Services, or any other products or deliverables provided, used or received in connection with the W3W Services or these W3W Terms.

“Backed Digital Assets” means Digital Assets that purport to be backed by or otherwise tied or pegged in value to another asset, including without limitation Digital Assets, fiat currency or commodities such as silver or gold.

“BAM Tech” means BAM Technology Services Inc.

“BAM Tech Affiliate” means any entity that, directly or indirectly, controls, is controlled by, or is under common control with BAM Tech.

“BAM Tech IP” means the Created IP and all other Intellectual Property Rights owned by or licensed to BAM Tech as at the date of these W3W Terms and any other Intellectual Property Rights owned or acquired by or licensed to BAM Tech after the date of these W3W Terms, and which are provided by BAM Tech to you in the course of providing you with the W3W Services. For the avoidance of doubt, BAM Tech IP does not include any Intellectual Property Rights owned by third parties, which remain the property of their respective owners.

“Binance.US” means BAM Trading Services Inc. d/b/a Binance.US.

“Binance.US Account” means any account or sub-account opened by Binance.US for you to record your use of any service provided by Binance.US.

“Binance.US Terms of Use” means the Binance.US terms of use available at https://www.binance.us/terms-of-use, as amended from time to time.

“Blockchain” refers to a permissionless public online ledger supporting the distributed recording of encrypted data, e.g., the BNB Chain or the Ethereum blockchain. Blockchains supported by the Wallet are made available to you in the dedicated section of the W3W Interface.

“Blockchain Address” refers to a unique sequence of numbers, letters and cryptographic functions stored and recorded on a Blockchain.

“Created IP” means any Intellectual Property Rights created by you pursuant to these W3W Terms, including the User Materials, but excluding any other User IP.

“DApp” means a third-party protocol and/or application interacting with a Blockchain.

“DEX” refers to third-party operated decentralized exchanges where you can enter into transactions via the W3W Interface.

“Digital Assets” means a digital representation of value or rights which may be transferred and stored electronically, using distributed ledger technology or similar technology, including, but not limited to, cryptocurrencies, stablecoins, non-fungible tokens and tokenized derivatives of any other digital asset.

“Force Majeure Event” means any event beyond our reasonable control, including: (a) any fire, strike, riot, civil unrest, terrorist act, war or industrial action; (b) any natural disaster such as floods, tornadoes, earthquakes and hurricanes; (c) any epidemic, pandemic or public health emergency of national or international concern; (d) any act or regulation made by a government, supra national body or authority that we believe stops us from providing the W3W Services; (e) the imposition of limits or unusual terms by a government on any Digital Assets; (f) technical failures in transmission, communication or computer facilities including power failures and electronic or equipment failures; (g) the failure of any supplier, intermediate broker, agent, principal custodian, sub-custodian, dealer, exchange, staking platform, liquidity pool, bridge provider, issuer of a Backed Digital Asset, market maker, clearing house or regulatory organization to perform its obligations to us; (h) any labor or trade disputes, strikes, industrial actions or lockouts (other than in each case by BAM Tech or BAM Tech Affiliates); and/or (i) an event which significantly disrupts the market for Digital Assets, which could include excessive movements in the price, supply or demand of a Digital Asset, whether regulated or unregulated.

“Fork” means any planned, unplanned, sudden, scheduled, expected, unexpected, publicized, not well-known, consensual, and/or controversial changes to the underlying operating rules of certain Digital Assets that may occur from time to time, in such a way as to result in the creation of one or more related versions of an existing Digital Asset.

“Intellectual Property Rights” means: (a) copyright, patents, database rights and rights in trademarks, designs, know-how and confidential information (whether registered or unregistered); (b) applications for registration, and rights to apply for registration, of any of the foregoing rights; and (c) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world.

“Losses” has the meaning given in clause 14 (Indemnification and Release) of these W3W Terms.

“Manifest Error” means any error, omission or misquote (whether an error of BAM Tech or any third party) which is manifest or palpable, including a misquote by any representative of BAM Tech taking into account the current market and currently advertised quotes, or any error of any information, source, official, official result or pronunciation.

“Market Data Services” means the market data and information services described in clause 4.2.2 (Market Data Services) of these W3W Terms.

“Mobile App” means any mobile application developed or provided by BAM Tech, Binance.US or any of their respective affiliates that enables you to use or otherwise access the W3W Services.

“Network Event” means in relation to a Digital Asset, any event (other than an Airdrop or Fork) in respect of the blockchain or the smart contract that underlies a Digital Asset, which is beyond BAM Tech’s control, and results in either (a) a loss of control or ownership by BAM Tech or a third party of any amount of such Digital Asset; or (b) transaction records on the blockchain being altered, reversed or otherwise invalidated, whether by way of a fraudulent act or consensus, which shall include without limitation any double spending attack, 51-percent attack, or blockchain reorganization, in each case as determined by BAM Tech in good faith and in its sole discretion.

“Recovery Service” has the meaning given in clause 4.1.1 (The Wallet) of these W3W Terms.

“Search Feature” means the web-browser functionality integrated into the W3W Interface, as described in clause 4.2.3 (Search Feature) of these W3W Terms.

“Secret Phrase” has the meaning given in clause 4.1.2 (Third Party Wallet Aggregation Services) of these W3W Terms.

“Security Breach” means: (a) your Wallet or any of your key shares, seed phrases, recovery passwords or other relevant credentials required for access have been compromised; (b) the loss, theft, or unauthorized use of any of your key shares, seed phrases, recovery passwords or other relevant credentials required for access, or any unauthorized access to and use of your Wallet or the W3W Services on your behalf; or (c) any other security incident (including a cyber-security attack) affecting you and/or BAM Tech.

“Supported Network” and “Unsupported Network” have the meanings given in clause 8 (Supported Blockchains) of these W3W Terms.

“Swap Feature” means the trading functionality for exchanging Digital Assets against other Digital Assets described in clause 4.2.1 (Swap Feature) of these W3W Terms.

“Third-Party Service” means any service, asset, product or feature accessible through the W3W Interface which is not provided, issued, operated or maintained by BAM Tech or a BAM Tech Affiliate, such as Digital Assets, information services, DApps (including DEXs, lending and borrowing protocols, staking or other yield-generating protocols), third-party Digital Asset wallets, and/or any service identified as a third-party service in these W3W Terms.

“Third-Party Service Provider” means any person (not being BAM Tech) providing, issuing, operating or maintaining a Third-Party Service.

“Trademarks” means the Intellectual Property Rights in the trademarks, service marks and logos used and displayed on or through the W3W Interface and/or the W3W Services.

“Transaction” means selling, purchasing, sending, receiving, transferring or exchanging Digital Assets, or entering into any other type of transaction involving Digital Assets, through or in connection with the W3W Services.

“User IP” means the Intellectual Property Rights owned by or licensed to you as at the date of these W3W Terms and any other Intellectual Property Rights owned or acquired by or licensed to you after the date of these W3W Terms, excluding BAM Tech IP.

“User Materials” means the Intellectual Property Rights in any reviews, posts, information, data, and comments you or other users provide to us through use of the W3W Services or otherwise.

“W3W Interface” refers to the application-hosted user interface labeled as Wallet or any other similar language in the Mobile App, and the services accessible through such digital interface, subject to you creating a Wallet and maintaining a Binance.US Account.

“W3W Services” means the Wallet, the Wallet Aggregation Services, the W3W Interface and the Web3 API. The W3W Services do not include any Third-Party Services.

“Wallet” means the keyless multi-party computation (MPC) Digital Asset wallet accessible through the Mobile App, as described in clause 4.1.1 (The Wallet) of these W3W Terms.

“Wallet Aggregation Services” refers to the services described in clause 4.1.2 (Third Party Wallet Aggregation Services) of these W3W Terms.

“Warning” has the meaning given in clause 10 (Security and Warnings) of these W3W Terms.

“Web3 API” has the meaning given in clause 4.2.4 (Web3 API) of these W3W Terms.

In order to access the W3W Services and create an MPC Wallet, you must have a Binance.US Account not subject to any restrictions or limitations, and maintain such account in accordance with the Binance.US Terms of Use. You must hold a regular Binance.US Account at all times in order to use and access your Wallet and the W3W Services without restrictions and limitations.

Use of your Binance.US account remains governed by the Binance.US Terms of Use

You agree that you will use the W3W Services only for yourself, and not on behalf of any third party, unless you have obtained BAM Tech’s prior written consent to do so. You are fully responsible for all activity that occurs under your Wallet.

Upon confirming your eligibility, you may create a Wallet. BAM Tech. may provide you with the W3W Services as described below. BAM Tech. may, at its sole discretion, reject your request to create a Wallet or refuse to provide you with the W3W Services at any time and from time to time, including, without limitation, if BAM Tech considers such refusal appropriate to comply with any Applicable Law.

When creating a W3W, you must follow the required steps as outlined to you in the Mobile App. In particular, you will be invited to back-up your Wallet. We strongly recommend that you use the Recovery Service (as defined below) and appropriately back-up your Wallet immediately after its creation.

The W3W Services include the Wallet and Wallet Aggregation Services.

The Wallet is a multi-party compute (MPC) Digital Asset wallet which allows you to:

Your Wallet relies on multi-party compute (MPC) technology, a technology that uses cryptography and alters the traditional method of storing cryptographic private keys by eliminating the need to retain them in one sole location. Depending on the W3W Services you are using, various signature methods will be used to enter into transactions (see clause 4.1.3 (Signing Transactions) below).

You have the option to back-up key-shares stored on your mobile device via the methods made available to you through the relevant W3W Interface (hereafter, the “Recovery Service”). Supported Recovery Services include:

You acknowledge and agree that BAM Tech may change the characteristics of the Recovery Service and add, remove, discontinue or modify any of these back-up methods from time to time as it considers appropriate.

While the Recovery Service is optional, BAM Tech strongly recommends you to use such service which will facilitate the recovery of your Digital Assets if you lose access to your Wallet. You confirm your understanding, acknowledge and agree that if you do not activate the Recovery Service by one of the available methods, then you may permanently lose access to the Digital Assets in your Wallet, and that BAM Tech shall bear no liability whatsoever for any financial or other loss resulting from you losing access to your Wallet. It is solely your responsibility to verify that your key shares are properly backed up, using the Recovery Service or any other method that you see fit. In addition, you confirm your understanding, acknowledge and agree that clearing your device’s cache could result in the loss of such key share, and you undertake to verify whether the Recovery Service is properly functioning regularly and as notified to you by BAM Tech from time to time in the Mobile App.

You confirm your understanding, acknowledge and agree that:

(i) out of the three key shares, two are required to initiate transactions and exercise control over the Blockchain Addresses associated with your Wallet;

(ii) BAM Tech never has access to nor control over two key shares and therefore cannot exercise control over the Digital Assets in your Wallet;

(iii) BAM Tech does not hold, or have control over, the assets held on Blockchain Addresses controlled by you, through your Wallet; and

(iv) BAM Tech does not provide you with any deposit, fiduciary, custody or trust services;

The Third Party Wallet Aggregation Service provides a unified view of your Digital Asset holdings through the W3W Interface by importing the private keys of third-party Digital Asset wallets in order to control and use those associated Blockchain Addresses (the “Aggregated Wallet”). You may view your Digital Assets holdings on different Blockchain Addresses across different supported Blockchains and send, receive or transfer supported Digital Assets using your Aggregated Wallet through the W3W Interface.

In contrast to the Wallet, BAM Tech does not provide any recovery or back-up service in relation to your Aggregated Wallet. You confirm your understanding, acknowledge and accept that you are solely responsible for the retention and security of your private key(s) and any mnemonic phrase (the “Secret Phrase”) associated with your Aggregated Wallet. You must keep your Blockchain Addresses, Secret Phrase, and private key access of Aggregated Wallet secure. It is very important that you backup your private keys, backup phrases or passwords associated with your Aggregated Wallet. Failure to do so may result in the permanent loss of control of Digital Assets associated with your Aggregated Wallet. You acknowledge and accept that any Digital Assets that are associated with such wallet address may permanently become inaccessible and the loss of funds may not be recoverable, if you lose access to the Wallet Aggregation Services or the Wallet and you have not safely stored a backup of any wallet address and private key pairs maintained in your Aggregated Wallet. BAM Tech shall not be liable for any losses or damages arising directly or indirectly from the loss of access to the Wallet Aggregation Services or the Wallet or from the loss, deletion, or destruction of any private keys, backup phrases or passwords associated with your Aggregated Wallet.

When you enter into transactions through the Mobile App. Your Wallet private keys are divided into three key shares (also known as ‘shards’) and you understand and agree that out of these three key shares, (i) only one is encrypted and stored by BAM Tech (for the avoidance of doubt, such key share stored by BAM Tech may not be used by BAM Tech, whether by itself or alongside other key shares, to sign transactions) and (ii) two are stored on your mobile device and controlled by you through such device. When you enter into transactions via the Mobile App, you agree to use the key shares on your mobile device to sign such transactions.

You may engage in transactions involving the exchange of Digital Assets for another form of Digital Assets through the W3W Interface. You understand and agree that when using this Swap Feature, you may receive quotes which may originate from Third-Party Services and/or from any BAM Tech Affiliate. These quotes are provided for your information only, and you are solely responsible for choosing a quote and determining whether to enter into a transaction. BAM Tech is not liable for any discrepancies between the quote and execution price.

Quote-based Swaps. When a quote is obtained from Third-Party Services, you understand and acknowledge that BAM Tech only aggregates such quotes from the Third-Party Services for your reference purposes. BAM Tech does not control and is not responsible for the Third-Party Service Providers or the quotes provided by Third-Party Services, nor is BAM Tech the party providing you with the price that is displayed through the W3W Interface. BAM Tech does not execute nor transmit any of your orders, but rather provides you with direct access to aggregated quotes. Consequently, BAM Tech does not provide any assurance or guarantee in any way that you will be able to enter into a transaction at the prices quoted from Third-Party Services which are displayed to you through the W3W Interface, nor does BAM Tech represent in any way or provide any assurance that such quotes constitute the best price available on the market at any given time.

When you accept a quote originating from a Third-Party Service in respect of quote-based swaps, or when you enter into a transaction on a DEX, you are deemed to confirm your understanding, acknowledge and agree that (i) you will enter into a transaction with an anonymous third-party through the Third-Party Service or otherwise matched with other orders posted by anonymous third-parties on a third-party DEX or against a liquidity pool; (ii) you will need to meet the relevant eligibility criteria for using the services of the relevant Third-Party Service; and (iii) BAM Tech does not directly match orders and is only facilitating the aggregation of quotes from Third Party Services and enabling connectivity with Third Party Services.

You irrevocably acknowledge and agree that (i) entering into a swap, including any order, through a Third-Party Service can expose you to price slippage and therefore lead to a loss of value of your Digital Assets; (ii) it is your sole responsibility to assess whether a quote or the parameters of your orders meet your requirements, including the parameters provided by the Third-Party Service in order to manage any price slippage that may be suffered; and (iii) interacting with a Third-Party Service may expose you to a range of other risks including without limitation security risks and risk of loss of funds, particularly if such Third-Party Service or DEX has been compromised and you inadvertently authorize a malicious actor to access your Wallet.

After accepting the specified quote or confirming an order, in each case by clicking on the relevant functionality of the W3W Interface, you will enter into an irreversible transaction. You understand and accept that the relevant Blockchain Address controlled by you through your Wallet will interact with the relevant BAM Tech Affiliate or the Third-Party Service you have selected and that you will enter into a transaction with the relevant BAM Tech Affiliate or such Third-Party Service Provider.

By submitting an order you irrevocably authorize automatic execution if the price meets your stated parameters. Your submission constitutes a binding order and deemed acceptance of the final execution price (including any partial fills), plus applicable network or protocol fees. You acknowledge that (i) an order may execute at several price levels, (ii) it may only be partially filled, or (iii) it may expire unfilled, all without further action or notice from BAM Tech.

Execution depends on factors outside of BAM Tech’s control, including blockchain performance, counterparty liquidity and smart-contract logic, and BAM Tech does not guarantee that any order will execute in full, at a particular price, within a certain time, or at all.

Whether you enter into a transaction with a BAM Tech Affiliate or with a third-party through a Third-Party Service, it is your responsibility to check the competitiveness of the price and decide whether to accept the quote that is displayed.

General access to Market Data. You may access Market Data Services through the W3W Interface. Any market-related information or trading signals on prices, Digital Assets, projects, DeFI protocol or any other information made available to you through the W3W Interface is provided for your information only and does not constitute an endorsement or recommendation from BAM Tech. Information made available to you may be aggregated by BAM Tech on the basis of various parameters such as trading volume, liquidity, and other data such as social media activity. You understand and accept that BAM Tech does not guarantee a strict availability or accuracy of Market Data Services. The content provided in the context of the Market Data Services may be submitted or taken from unrelated third-party providers or sources. BAM Tech does not review or monitor content for accuracy, completeness or reliability, and does not warrant or guarantee the accuracy, completeness, reliability or any other aspect of any content.

You may access websites on the internet through the Search Feature. You should exercise caution when visiting third-party websites and clicking on links, as well as carefully consider and understand the terms and conditions of any websites that you access. While BAM Tech may from time to time screen some (but not all) websites and may from time to time provide security warnings in respect of potentially malicious or high-risk websites, BAM Tech will not in any circumstances be responsible or liable for the consequences of you accessing a third-party website. BAM Tech does not review, monitor, endorse or control any third-party websites, and does not warrant, guarantee or provide any assurance as to the accuracy, completeness, reliability or any other aspect of third-party websites.

You must not use the Search Feature to engage in any illegal or malicious activities or visit any websites which are prohibited by any Applicable Law. BAM Tech may, at its sole discretion, restrict access to certain websites available through the Search Feature.

From time to time, the Search Feature may also display DApps, smart contracts or protocols. You understand and accept that such DApps, smart contracts or protocols displayed through the Search Feature are not offered by BAM Tech but are managed and operated by Third-Party Service Providers. BAM Tech does not vet, endorse or approve any DApps, smart contracts or protocols that can be accessed by you through the Search Feature.

BAM Tech may make available a set of application programming interfaces (“Web3 API”) that provides programmatic access to certain W3W Services and Third-Party Services, including real-time market data, token price information, swap quote aggregation, and transaction construction and broadcast functionality. The Web3 API is a technology tool only.

You acknowledge and agree that:

(a) the Web3 API is provided solely as a technical interface to facilitate access to on-chain functionality and Third-Party Services; it does not constitute the provision of investment services, brokerage, order execution, custody, or any regulated financial service;

(b) all swap quotes returned via the Web3 API are aggregated from Third-Party Services; BAM Tech does not execute trades, act as counterparty, or guarantee the accuracy, completeness, or availability of any quote or price data returned via the Web3 API;

(c) all transactions constructed via the Web3 API are unsigned; you are solely responsible for signing transactions in your own wallet using private keys that remain entirely in your control. BAM Tech does not at any point hold, access, or control your private keys;

(d) your access to and use of the Web3 API is subject to the eligibility criteria, restrictions, and prohibited use provisions set out in these W3W Terms and the Binance.US Terms of Use; and

(e) BAM Tech may at its sole discretion modify, limit, suspend or withdraw access to the Web3 API at any time and for any reason, including to comply with Applicable Law, without liability to you.

The disclaimers of warranty and limitations of liability set out in these W3W Terms apply in full to your use of the Web3 API. The Web3 API and all data, quotes, and transaction outputs provided through it are provided on an “as is” and “as available” basis. BAM Tech shall have no liability for losses arising from your use of the Web3 API, including without limitation losses resulting from smart contract vulnerabilities, market volatility, slippage, failed transactions, or third-party service outages.

You understand and agree that neither your relationship with us nor any W3W Service we provide to you, nor any other matter, will give rise to any duties on our part or on the part of any BAM Tech Affiliate, whether legal, equitable, or fiduciary in nature, save as are expressly set out in these W3W Terms. In particular, we and any BAM Tech Affiliate may from time to time act in more than one capacity, and in those capacities we may receive fees or commissions from more than one user (including you). You agree that we may act in such capacities and provide any other W3W Services or carry out any business with or for you, any BAM Tech Affiliate or any other user.

You understand and agree that neither we nor any BAM Tech Affiliate will be required to: (1) have regard to any information known to us, or to any BAM Tech Affiliate, which is a material interest; (2) disclose any such information to you; or (3) use any such information for your benefit. You further acknowledge that from time to time we may receive general market information in the course of providing W3W Services to you, which we may use in the ordinary course of our business.

BAM Tech may charge fees in consideration of providing you the Wallet and the W3W Services. Any fees that BAM Tech charges you will be disclosed at the time you access the relevant W3W Services and/or are made available to you on the W3W Interface.

Service fees apply to the use of the Swap Feature. These fees will be disclosed to you prior to use of any W3W Service.

Such fees may be subject to change from time to time as BAM Tech determines in its sole discretion, which may include introducing new fees and/or charges or increasing or otherwise varying existing fees and charges. If you do not accept changes to fees, you are free to terminate your access to the W3W Services in accordance with the Binance.US Terms of Use. Your continued access to or use of the W3W Services will be deemed acceptance of any new or increased or varied fees and/or charges.

Blockchain transactions require the payment of transaction fees to the appropriate network (e.g. so-called gas fees). You will be solely responsible for paying transaction fees for any transaction that you initiate via the W3W Interface. These fees may be charged in addition to fees that are charged by BAM Tech (if any).

You must ensure that you have an adequate balance in the relevant Blockchain Addresses controlled by you through your Wallet or Aggregated Wallet to complete transactions before initiating a transaction. BAM Tech shall not be liable for any failed transactions due to insufficient funds in your Wallet or Aggregated Wallet.

You may incur charges from Third-Party Service Providers for use of Third-Party Services, including but not limited to fees via the DApps that you may access via the W3W Interface. You should carefully consider whether such fees are appropriate for you.

By using the W3W Services, and without prejudice to any other restriction or limitation set out in these W3W Terms or the Binance.US Terms of Use, you agree that you will not:

BAM Tech reserves the full right to restrict, suspend, or permanently ban any user’s current and/or future access to some or all W3W Services if the user is found to be engaging in misconduct, fraudulent activities, violations of these W3W Terms, or any behavior that compromises the security, integrity, or proper functioning of the W3W Services, such as those listed above.

You represent and warrant that you are not (i) named on, or owned or controlled by one or more persons named on, any applicable sanctions or restricted party list, or (ii) located, incorporated, otherwise established in, or resident in any territory that is subject to comprehensive sanctions or trade restrictions as notified by BAM Tech from time to time. BAM Tech may publish or update a non-exhaustive list of prohibited or restricted territories on its website or in the W3W Interface.

The W3W Services and Wallet allow you to engage in and access “Web3”, including Third-Party Services and market-related information and websites published by Third-Party Service Providers. You acknowledge and agree that BAM Tech does not own, control, verify or endorse any Third-Party Service Provider, nor does it warrant or guarantee the accuracy, completeness, reliability or any other aspect of any materials, content, services, products or transactions by any Third-Party Service Provider. BAM Tech may be unable to provide any or all of the W3W Services or the Wallet as a result of any disruption or failure on the part of any Third-Party Service Provider or in order to comply with Applicable Law. You are solely responsible for determining whether to use the W3W Services and the Wallet to engage with any Third-Party Service Provider.

The W3W Services and the Wallet are provided on an “as is” and “as available” basis without any representation or warranty, whether express or implied, to the maximum extent not prohibited by Applicable Law. Specifically, BAM Tech disclaims any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement for the W3W Services and the Wallet. BAM Tech may, from time to time, suspend access to the W3W Services and the Wallet at its discretion, including for scheduled and emergency maintenance. BAM Tech makes no representations or warranties that the W3W Services and the Wallet will be continuous, uninterrupted, timely or error-free.

Without prejudice to any other provision in these W3W Terms and the Binance.US Terms of Use, you hereby acknowledge and agree that in no event will BAM Tech or any BAM Tech Affiliate be responsible or liable to you or any other person or entity for:

Network Access and Compatibility. You are responsible for obtaining the data network access necessary to use the W3W Services. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the W3W Services and any updates thereto. BAM Tech does not guarantee that the W3W Services, or any portion thereof, will function on any particular hardware or devices. The W3W Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

Content. Although BAM Tech makes reasonable efforts to update the information made available through the W3W Interface, BAM Tech makes no representations, warranties or guarantees, whether express or implied, that such content is accurate, complete or up to date.

Notwithstanding any other clause in these W3W Terms, you hereby acknowledge and agree that in no event will BAM Tech or any BAM Tech Affiliate be responsible or liable to you or any other person or entity for any direct or indirect losses (including loss of profits, business or opportunities), damages, or costs, whether arising out of or in connection with the W3W Services or otherwise, including but not limited to:

In addition, in no event will BAM Tech or any BAM Tech Affiliate be responsible or liable to you or any other person or entity for any loss of business, profits, anticipated savings or opportunities, or any special, punitive, aggravated, incidental, indirect or consequential losses or damages, whether arising out of or in connection with the W3W Interface, your Wallet, the W3W Services, these W3W Terms and/or any agreement entered into pursuant to, or in connection with, these W3W Terms or otherwise, nor for any losses or damages you may incur due to Manifest Error and/or in the event of extreme market volatility and/or as a result of any cancellation or amendment of any Transactions, howsoever arising, whether direct or indirect, special or consequential, including, but not limited to, loss of profit and loss of opportunity, even if BAM Tech was aware of the possibility of such loss or damage arising or if such loss or damage was reasonably foreseeable.

The disclaimers of warranty and limitations of liability set out in this clause 7 are without prejudice and in addition to any and all disclaimers of warranty and limitations of liability set out in the Binance.US Terms of Use.

Your Wallet only supports the Blockchain protocols listed in the relevant section of the Mobile App or any other W3W Interface through which you access your Wallet (e.g., the section labeled as “Networks”). Blockchains listed in this section are W3W-supported Blockchains that have been supported by BAM Tech for integration with the Wallet (each, a “W3W-Supported Blockchain”).

In addition to W3W-Supported Blockchains, you may elect to add additional Blockchain networks on your own, outside of the W3W-Supported Blockchains, using the relevant functionalities as made available to you on the Mobile App (each, a “User-Added Network”).

BAM Tech’s Right to Restrict, Remove or Block Networks. BAM Tech reserves the right, in its sole and absolute discretion and without prior notice, to: (a) restrict, limit or prohibit the addition of certain types of Blockchain as User-Added Networks; (b) remove or disable access to any User-Added Network that BAM Tech determines, in its sole discretion, poses security risks, facilitates illegal activity or violates these W3W Terms or Applicable Law; (c) block transactions to or from specific Blockchain addresses on User-Added Networks; (d) modify the functionality available for User-Added networks; or (e) discontinue the ability to add User-Added Networks entirely. BAM Tech shall have no liability whatsoever for any losses arising from the exercise of these rights, including losses resulting from inability to access or transact with Digital Assets on removed or blocked User-Added Networks.

Prohibition on Use of Unsupported Blockchains. Under no circumstances should you attempt to use your Wallet to store, send, request, or receive any Digital Assets on Blockchains or other forms of distributed protocols that are not either (a) W3W-Supported Blockchains; or (b) User-Added Networks that you have successfully added and that remain accessible through the W3W Interface (collectively, “Supported Networks”). Any Blockchain or distributed protocol that is not a Supported Network is an “Unsupported Network”.

Permanent Loss from Unsupported Networks. BAM Tech assumes no responsibility in connection with any attempt to use your Wallet with Unsupported Networks. You expressly acknowledge, confirm your understanding and irrevocably agree that: (a) any Digital Asset that is sent to your Wallet on an Unsupported Network is irrecoverably lost. Such Digital Assets cannot be retrieved, recovered or restored by BAM Tech or any third party, regardless of the value of such Digital Assets or the circumstances of the loss; (b) BAM Tech has no technical ability, means or method to recover, retrieve or restore Digital Assets sent to Unsupported Networks. The architecture of blockchain technologies and the Wallet infrastructure makes recovery of Digital Assets on Unsupported Networks technically impossible, and you acknowledge that requesting BAM Tech to attempt recovery would be futile; (c) it is solely your responsibility to verify, before initiating each transaction, that the destination Blockchain is a Supported Network. You must regularly consult the list of W3W-Supported Blockchains in the W3W Interface and verify the status of any User-Added Networks. BAM Tech shall have no liability for any loss resulting from your failure to verify that a Blockchain is a Supported Network before sending Digital Assets; (d) this prohibition and disclaimer applies to all transactions, including but not limited to: (i) receiving Digital Assets sent by third parties; (ii) sending Digital Assets to your own addresses; (iii) interacting with smart contracts or DApps; and (iv) any other form of transaction or interaction involving your Wallet.

By creating a Wallet and using the W3W Services, you represent and warrant that you are financially and technically sophisticated enough to understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a good understanding of Digital Assets such as crypto-assets, stablecoins, NFTs and other types of Digital Assets, as well as the functioning of Blockchains, the concept of Blockchain Addresses, wallet, seed phrase and multi-party computation (MPC) technology.

In particular, you understand that the markets for these Digital Assets - particularly the markets labeled as belonging to “Decentralized Finance” or “DeFi” or more broadly “Web3” and that you can access through the W3W Interface are nascent and highly volatile due to risk factors including, but not limited to, adoption, speculation, technology, security, and regulation. You understand that anyone can create a token, including fake versions of existing tokens and tokens that falsely claim to represent viable projects, and acknowledge and accept the risk that you may mistakenly trade those or other tokens. The fact that you can access a token, a DApp, a smart contract or a protocol through the W3W Interface does not mean that BAM Tech or a BAM Tech Affiliate endorses it or has undertaken a due diligence on it. The W3W Interface is a gateway that may be used by you to access unregulated, innovative third-party services, and you should be cautious and exercise the utmost care when you access such services.

You also understand that smart contract transactions automatically execute and settle, and that Blockchain based transactions are irreversible when confirmed. You acknowledge and accept that the cost and speed of transacting with cryptographic and Blockchain based systems are variable and may increase dramatically at any time. The network fees associated with certain Blockchain transactions can be extremely high and sometimes higher than the value of your transaction.

You further understand and acknowledge that Third-Party Services such as protocols, DApps, ‘DeFi’ services can be subject to hacks and malicious attacks, which can result in the loss of the funds held on the Blockchain Addresses accessible through your Wallet. You must carefully review any interaction with Third-Party services, and particularly, DApps, protocols and smart contracts. Granting an authorization to a Third-Party Service to access or spend your funds can result in a loss of funds even a long period after you granted such authorization, as any authorization or approval you grant may stay valid indefinitely. To avoid potential financial losses and to manage your risks, you should carefully manage authorizations granted by you to Third-Party Services such as smart contracts and protocols, particularly by using the relevant function offered by the W3W Services and accessible through the W3W Interface and other relevant services, allowing you to manage your smart contract approvals.

You further understand and acknowledge the risks associated with using MPC wallets and the fact that your key shares may be divided into multiple shards depending on your use of the Wallet. In particular, you understand that when you use the Recovery Service, one or more of your key shares will be stored and managed by BAM Tech and/or Third-Party Service Providers (although individually, such a party will never have more than one key share).

In summary, you agree and acknowledge that BAM Tech is not responsible for any variables or risks, does not own or control Third-Party Services, and will not be liable in any circumstances for any resulting losses that you may experience while accessing or using Third-Party Services. Accordingly, you irrevocably and unconditionally undertake and agree to assume full responsibility for all risks associated with accessing and using the W3W Interface to interact with Third-Party Services.

Certain transactions, Third-Party Services and other services accessible through the W3W Interface are subject to various security screenings and checks. As a result, you may receive alerts or pop-up warnings that invite you to review the details of a transaction, approval or other authorization you are about to grant to a Third-Party Service (each, a “Warning”). In some circumstances, you may be prevented from interacting with specific Blockchain Addresses altogether.

You understand and agree that:

By using the W3W Interface you acknowledge and agree to the foregoing, and you accept that all risk of engaging with decentralized applications and protocols rests with you.

Account and Wallet Security. You are responsible for taking appropriate action to protect your hardware and data from viruses and malicious software, and any inappropriate material. Except as provided by Applicable Law, you are responsible for backing up and maintaining duplicate copies of any information you store or transfer through the W3W Services. BAM Tech is not responsible for any claim or losses resulting from your failure to comply with this clause.

At all times, you shall maintain adequate security and control of all of your key shares, seed phrases, recovery passwords and any other relevant credentials required for access. You are responsible for taking the necessary security measures to protect your Wallet, including by: (a) strictly abiding by all of our mechanisms or procedures; (b) never allowing remote access or sharing your computer and/or computer screen with someone else when you are accessing the W3W Services; (c) remembering that under no circumstances will we ask you to share your passwords or 2-factor authentication codes; (d) making use of the Recovery Service; and (e) logging out from the W3W Interface at the end of each visit.

It is important that you monitor your transaction history to ensure any unauthorized or suspicious activity on your Wallet is identified and notified to us as soon as possible. You acknowledge that any Security Breach may result in unauthorized access to your Wallet by third parties and the loss or theft of any Digital Assets held in your Wallet.

If you suspect a Security Breach, you must ensure that: (a) we are notified immediately through Binance.US customer support and continue to be provided with accurate and up to date information throughout the duration of the Security Breach; and (b) you take any other steps that we may reasonably require to reduce, manage or report any Security Breach. We reserve the right to request, and you agree to promptly provide, any and all information and documents we deem relevant or necessary in connection with an actual or suspected Security Breach. You further acknowledge and agree that we may provide such information to any third party that we deem necessary in order to investigate or resolve any Security Breach.

BAM Tech may, at its sole discretion, limit your access to and/or use of the Wallet and the W3W Services in part or in whole, and in certain situations, without providing any prior notice to you, as this may be required by any Applicable Law or because you violated the Binance.US Terms of Use.

You understand and agree that any restriction or limitation on your Binance.US Account, such as the inability to enter into Transactions or access the services provided by BAM Tech or any BAM Tech Affiliate may result in restrictions and limitations to the W3W Services. In particular, BAM Tech may, at its sole discretion, restrict your access to the W3W Interface which will prevent you from accessing Third-Party Services with your Wallet and through the W3W Interface. You are reminded that in order to access your Wallet through the Mobile App or any other W3W Interface, you must maintain and hold a Binance.US Account in accordance with the terms and conditions specified by Binance.US at all times.

Termination of your Binance.US Account for any reason whatsoever, including any reason under the terms and conditions specified by Binance.US, may result in losing access to the W3W Services.

BAM Tech may assign, transfer, or novate all or part of its rights or obligations under these W3W Terms to any BAM Tech Affiliate without restriction, provided that any such BAM Tech Affiliate agrees to assume all rights and obligations to be transferred in full. You hereby irrevocably consent, in advance and without further action by you, to any such novation or to the addition of any BAM Tech Affiliate as an additional or new contracting party with you in respect of the W3W Services. Any such novation shall be effected by an agreement between BAM Tech and the relevant BAM Tech Affiliate. From the effective date of such novation, the relevant BAM Tech Affiliate will assume those rights and obligations, and BAM Tech will be released from those rights and obligations so transferred. The fact of any assignment or novation will be published on our website and may also be notified to users separately by email, through the app or by such other means as BAM Tech determines in its discretion.

You may not assign or transfer any of your rights or obligations under these W3W Terms without BAM Tech’s prior written consent, which may, in some cases, require additional information to be provided or enhanced due diligence to be performed.

13.1 Background IP. The BAM Tech IP shall remain vested in BAM Tech and/or the relevant BAM Tech Affiliate (as applicable). Any Intellectual Property Rights of third parties incorporated in or made available through the W3W Services (including any third-party software, technology or content licensed to BAM Tech) shall remain vested in the relevant third-party owner, and nothing in these W3W Terms grants you any right, title or interest in such third-party Intellectual Property Rights except as expressly permitted by the relevant third-party owner.

13.2 License of BAM Tech IP. We grant to you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license for the duration of these W3W Terms, or until we suspend or terminate your access to the W3W Services, whichever is sooner, to use the BAM Tech IP, excluding the Trade Marks, solely as necessary to allow you to receive the W3W Services for non-commercial personal or internal business use, in accordance with these W3W Terms. Your use of any third-party Intellectual Property Rights made available through the W3W Services may be subject to separate terms and conditions imposed by the relevant third-party owner, and you agree to comply with any such terms and conditions.

13.3 License of User IP. You grant to us a perpetual, irrevocable, royalty-free, worldwide, transferable, and non-exclusive license to use the User IP to the extent it: (a) forms part of, or is necessary for the use of, any Created IP; and (b) is necessary to allow us to provide you with the W3W Services, from time to time. The license granted by you under this clause includes our right to sub-license to a third party to the extent required to enable us and any BAM Tech Affiliates to provide you with the W3W Services, or any part of them.

13.4 Created IP. The Created IP shall automatically vest in us from time to time on the date on which it is created. You hereby assign to us or any BAM Tech Affiliate designated by us (and agree to procure that any agents, representatives or contractors assign), with full title guarantee, title to all present and future rights and interest in the Created IP. You hereby waive and will waive all rights in the Created IP. If requested to do so, you shall (and agree to procure that any agents, representatives or contractors shall), without charge to us, sign and/or execute all documents and do all such acts as we may require to perfect the assignments under this clause. To the extent that any of the Created IP does not vest in or is not validly assigned to us or the designated BAM Tech Affiliate by operation of law or for any other reason, you hereby grant us an exclusive, royalty-free, fully paid-up, unlimited, perpetual, irrevocable, sublicensable (through multiple tiers), assignable, worldwide license and right to use and exploit such Created IP. For avoidance of doubt, you retain all rights to the complete private key(s) associated with your Wallet and any Aggregated Wallets.

13.5 User Materials. You agree and acknowledge that: (1) we are not responsible for any User Materials (whether provided by you or by third parties) which may be made available through the W3W Services; and (2) use of any such User Materials is at your own risk and we do not provide any warranties in relation to the same. We shall have the right at our sole and absolute discretion to remove, modify or reject any content that you submit to, post or display through the W3W Services (including any User Materials) for any reason. We reserve the right to take any actions as we deem appropriate at our sole discretion, including giving a written warning to you, removing any User Materials, recovering damages or other monetary compensation from you, or suspending or terminating your access to the W3W Services. We shall also have the right to restrict or ban you from any and all future use of any W3W Services.

14.1 Indemnity. You agree to indemnify, defend and hold harmless BAM Tech and all BAM Tech Affiliates from and against any and all claims, suits, actions, demands, disputes, allegations or investigations (including by any third party, governmental authority or industry body), and all losses (including any indirect or consequential losses, loss of profit and/or loss of reputation), liabilities, damages, costs and expenses, including without limitation all interest, penalties and reasonable legal and other professional fees and expenses (“Losses”), arising out of or in connection with: (a) your access to or use of the W3W Services, any updates, third-party components or any other software or tools that we make available to you; (b) your breach or alleged breach of these W3W Terms, the Binance.US Terms of Use, or Applicable Law; (c) your contravention of any representation, warranty or undertaking given under these W3W Terms; or (d) your violation of any third party rights, including any Intellectual Property Rights, privacy or publicity rights. The indemnities in this clause 14 are in addition to, and do not limit, any other rights or remedies available to BAM Tech or any BAM Tech Affiliate under these W3W Terms, the Binance.US Terms of Use, or at law or in equity.

14.2 Release. You hereby irrevocably and unconditionally agree to release us from any and all claims and demands (and waive any rights you may have against us now or in future in relation to any Losses you may suffer or incur), arising directly or indirectly out of or in connection with any dispute that you have with any other user or other third party in connection with the W3W Services (including any Digital Asset Transactions) or the subject matter of these W3W Terms.

15.1 Your right to terminate your access to the W3W Services. You may terminate your access to the W3W Services at any time by following the termination procedures as prescribed by us from time to time. You will not be charged for terminating your access to the W3W Services, although you will be required to pay any outstanding amounts owed to us. In certain cases, you may not be able to terminate your access to the W3W Services, including where: (a) you are trying to evade an investigation by relevant authorities; (b) you have a pending Transaction through the W3W Services or an open dispute; (c) there is any outstanding amount owed to us in connection with your use and access of the W3W Services; or (d) your access to the W3W Services is subject to a suspension, hold, limitation or restriction.

15.2 Our right. We may, at our sole discretion, at any time modify or discontinue, temporarily or permanently, any portion or feature of the W3W Services, or terminate, suspend or restrict your access to and use of the W3W Services or any portion thereof, in each case with immediate effect and for any reason. We will take reasonable steps to provide you with notice where appropriate. However, there might be times when we are required not to do so by Applicable Law.

15.3 Your acknowledgement. You acknowledge and agree that: (a) our decision to take certain actions, including, without limitation, to terminate, suspend, or restrict your access to the W3W Services, may be based on confidential criteria that are essential to our risk management and security protocols. You agree that we are under no obligation to disclose the details of our risk management and security procedures to you; and (b) it is not considered appropriate nor acceptable if your behaviour is aggressive, abusive, or puts at risk the safety, health or wellbeing of our employees, or if it places unreasonable demands on our employees. Aggressive or abusive behaviour and language (verbal or written) is unreasonable and it may cause our employees and/or other people, including another user, to feel bullied, intimidated, threatened, or abused. All employees at BAM Tech have the authority to manage unreasonable behaviour. In serious cases, or where there is repeat unacceptable behaviour, or a failure to comply with a prior warning or action or restriction, we may exercise our right to terminate, suspend, hold or restrict your access to the W3W Services.

15.4 What happens when we exercise our right. Where we terminate, suspend, hold or restrict your access to one or more W3W Services: (a) if you have instructions or Transactions through the W3W Services that are open or pending, they may be closed by you, or blocked or cancelled by us, depending on the circumstances of the termination, suspension, hold, restriction or other action we take; and (b) if the suspension or restriction of the W3W Services is due to any chargeback resulting from your use of the W3W Services, to reactivate suspended and/or restricted W3W Services, you may be required to reimburse us for the full value of the chargeback, including any amounts that are owing to us including any applicable fees.

15.5 Unlawful possession. If we are informed and reasonably believe that any Digital Assets held on Blockchain Addresses controlled by you through your Wallet are stolen or otherwise are not lawfully possessed by you (whether by error or otherwise), we may, but have no obligation to, restrict your access to the W3W Services. We will not get involved in any dispute, or the resolution of any dispute, relating to any Digital Assets held on Blockchain Addresses controlled by you.

15.6 Access to the W3W Services in other jurisdictions. BAM Tech does not specifically target users in certain jurisdictions and the W3W Services may be wholly or partially restricted in some countries. BAM Tech reserves the right to change the W3W Services that are available to you from time to time. If you travel to a location where the W3W Services are wholly or partially restricted, the W3W Services may not be available and your access to the W3W Services may be blocked. You acknowledge that this may impact your ability to use the W3W Services and/or monitor any pending Transactions. You must not attempt in any way to circumvent any such restriction, including by use of any virtual private network to modify your internet protocol address.

15.7 Non-custodial Wallet. For the avoidance of doubt, any termination, suspension, hold or restriction under these W3W Terms applies only to your access to the W3W Services and the W3W Interface. Because the Wallet is non-custodial, BAM Tech does not hold or control the key shares stored on your device and does not hold, control, freeze, seize or transfer the Digital Assets held on Blockchain Addresses controlled by you.

16.1 Changes to these W3W Terms. We may make changes to these W3W Terms at any time. Changes to these W3W Terms will be published on our website and we will provide notice of such changes using the contact information you provided at account creation (such as the email address associated with your Binance.US Account). Your continued access to or use of the W3W Services after such changes take effect constitutes your acceptance of the updated W3W Terms. If you do not wish to accept the changes, you are free to terminate your access to the W3W Services in accordance with clause 15 (Termination).

16.2 Dispute resolution; Governing law. Any dispute, claim, difference or controversy between you and BAM Tech arising out of, in connection with, or relating in any way to these W3W Terms or the W3W Services shall be resolved in accordance with the notice of claim, dispute resolution, governing law, arbitration and class action waiver provisions set out in the Binance.US Terms of Use, which apply to these W3W Terms and are incorporated herein by reference.

16.3 Applicable Law. You must comply with all Applicable Law, licensing requirements and third party rights (including data privacy laws and anti-money laundering and countering the financing of terrorism laws) in your use of the W3W Services.

16.4 Notices. We may give notice to you by email to the email address associated with your Binance.US Account or using other contact information you provided at account creation. It is your responsibility to ensure that your contact information is up to date and accurate. Notices may be given, and are deemed to be received, if sent to such email address, whether or not a notice of delivery failure is received. You may give us notices only as we direct, which may change from time to time. Any notices, consent or other communication given under these W3W Terms must be in writing, in English, and signed or otherwise authorized by the party giving it.

16.5 Announcements. All official announcements, news, promotions, competitions and Airdrops will be listed on our website. These announcements are important, and may relate to issues that may impact the value of your Digital Assets, or their security. You are responsible for monitoring the website and reading and considering these announcements.

16.6 Entire agreement. These W3W Terms, together with the Binance.US Terms of Use, constitute the whole agreement between you and us with respect to the W3W Services. Each party acknowledges that it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these W3W Terms or the Binance.US Terms of Use.

16.7 Invalidity. If, at any time, any clause or sub-clause of these W3W Terms is or becomes illegal, invalid, or unenforceable in any respect, neither the legality, validity or enforceability of the remaining clauses or sub-clauses will in any way be affected or impaired.

16.8 Records. You agree that we may record any telephone, email and chat conversations with you, as well as any other forms of communications, including communication used to give instructions or effect Transactions, between you and us, and that the recordings may be used as evidence in any proceedings relating to any agreement with you. These records will be our sole property.

16.9 Language. These W3W Terms may be translated into a language other than the English language. Any such translation is provided solely for your convenience. In the event of inconsistency or ambiguity, the English text will prevail.

16.10 Third party rights. Other than in relation to BAM Tech Affiliates, nothing expressed or referred to in these W3W Terms will be construed to give any person other than the parties to these W3W Terms any legal or equitable right, remedy, or claim under or with respect to these W3W Terms or any clause or sub-clause of these W3W Terms. These W3W Terms and all of their clauses and sub-clauses are for the sole and exclusive benefit of the parties to these W3W Terms and their successors and permitted assignees.

16.11 Survival. All clauses and sub-clauses of these W3W Terms, which by their nature extend beyond the expiration or termination of these W3W Terms, will continue to be binding and operate after the termination or expiration of these W3W Terms.

16.12 Relationship of the parties. BAM Tech is not an agent of you in the performance of these W3W Terms. These W3W Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.

16.13 Force Majeure. We will not be liable for any delay or failure to perform as required by these W3W Terms to the extent the delay or failure is caused by a Force Majeure Event.

16.14 No waiver. No delay or omission by us in exercising any right or remedy under these W3W Terms will operate as a waiver of the future exercise of that right or remedy or of any other rights or remedies under these W3W Terms. The rights and remedies provided in these W3W Terms are cumulative and not exclusive of any rights or remedies provided by Applicable Law.

16.15 Set-off. In addition to any legal or other remedy available under these W3W Terms or by law, we may set-off any amounts you owe to us under these W3W Terms or otherwise. You must pay all sums that you owe to us free and clear without any set-off, counterclaim, deduction or withholding of any kind, save as may be required by Applicable Law.

16.16 Privacy of others. If you receive information about another user through the W3W Services, you must keep the information confidential and only use it in connection with the W3W Services and always in accordance with Applicable Law. You must not disclose or distribute any user information to a third party or use the information in any manner except as reasonably necessary to effect a Transaction.

16.17 Publication of breaches. Where you have breached these W3W Terms, BAM Tech may publish, or otherwise provide its users with details of the breach, including any information that you have provided BAM Tech. BAM Tech may only do so where it determines that doing so is necessary for the protection of other users, and consistent with Applicable Law.

16.18 Tax. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report, and remit the correct tax to the appropriate tax authority. You agree that we are not responsible for determining whether any taxes apply to your use of the W3W Services, or for collecting, reporting or remitting any taxes arising from any Transaction or use of the W3W Services. You acknowledge that we may make certain reports to tax authorities regarding Transactions made through the W3W Services, and that we may, in our sole discretion or as required by Applicable Law, provide you with additional documentation or records needed by you to calculate any tax obligations. We may also withhold and deduct at source any taxes due under Applicable Law in our sole discretion.