Terms of Use

1. By accessing, browsing, or using the Website in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, our Privacy Policy (available at docs.bonkx.io/legal/privacy-policy/), and any additional terms, guidelines, or rules referenced herein or posted on the Website.

2. If you are accessing or using the Website on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms, and “you” refers to both you individually and the entity.

3. You must be at least eighteen (18) years of age to access or use the Website. By using the Website, you represent and warrant that you meet this age requirement.

1. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

2. We will update the “Last Updated” date at the top of these Terms when changes are made. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page periodically so that you are aware of any changes, as they are binding on you.

1. We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

2. You are responsible for making all arrangements necessary for you to have access to the Website, including ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

3. If you create an account on the Website (including joining a waitlist), you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.

4. We have the right to disable any user account, at any time in our sole discretion, for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

1. The Website provides information about and access to the BonkX platform and ecosystem, including:

   1. Information about BonkX’s self-custody cryptocurrency wallet and crypto-collateralized secured spend card;

   2. Documentation, guides, and educational resources about using the BonkX App and related services;

   3. Waitlist registration and quest participation through the BonkX onboarding platform;

   4. Information about BonkX Points (BXP) rewards program, membership tiers, and subscription services;

   5. Links to download the BonkX App from authorized application stores; and

   6. Access to legal documentation, support resources, and other information about BonkX.

2. The Website itself does not provide financial services, process transactions, custody funds, or execute trades. All such services are provided exclusively through the BonkX App, subject to the BonkX User Agreement (International) and the Spend Card Terms.

3. BonkX is not a bank, depository institution, money transmitter, money services business, or card issuer. BonkX is a technology company that provides software enabling users to manage their own self-custody cryptocurrency wallets and to access card payment services provided by third-party partners.

1. The BonkX platform operates as a non-custodial service. BonkX does not custody, hold, or control user funds. BonkX does not store or have access to user private keys or seed phrases. BonkX does not function as a cryptocurrency wallet custodian, exchange, or financial institution.

2. You are solely responsible for the security of your private keys, seed phrases, and wallet credentials. If you lose access to your private keys or seed phrases, BonkX cannot recover your assets.

3. BonkX does not provide or offer any financial services, financial products, investment advice, or fiduciary services. Nothing on the Website should be construed as financial, legal, tax, or investment advice.

1. The BonkX Spend Card program is provided in partnership with Signify Holdings, Inc. (d/b/a “Rain”), a card issuing and program management platform, and the card is issued by a bank partner (the “Issuer”) under license from Visa. Rain and the Issuer operate under their own separate terms and conditions.

2. The Issuer has no relationship to BonkX other than through the card program. BonkX facilitates access to the card program but does not issue cards, extend credit, set interest rates, or determine repayment terms.

3. Use of the BonkX Spend Card requires acceptance of the separate Spend Card Terms between you and the Issuer, available at docs.bonkx.io/legal/card-terms-for-international-consumer-program/.

1. The Website is intended for users who are at least eighteen (18) years of age. By using the Website, you represent that you are at least 18 years old. If you are under 18, you may not use the Website.

2. The Website and the BonkX Services are not available to residents or citizens of the United States, or to persons located in jurisdictions where the services offered through BonkX would be unlawful or would subject BonkX to licensing or regulatory requirements that have not been met.

3. By accessing the Website, you represent and warrant that you are not: (i) listed on any U.S. or international sanctions list; (ii) located in, a resident of, or organized under the laws of any country or territory subject to comprehensive sanctions; or (iii) otherwise prohibited from accessing the services described on the Website.

1. Unless otherwise provided herein, the Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement thereof) are owned by BonkX, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

2. These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

   1. Your computer or device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;

   2. You may store files that are automatically cached by your web browser for display enhancement purposes;

   3. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

3. You must not modify copies of any materials from the Website, use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.

The BonkX name, the BonkX logo, the BonkX Points (BXP) brand, and all related names, logos, product and service names, designs, and slogans are trademarks of BonkX, Inc. or its affiliates or licensors. You must not use such marks without the prior written permission of BonkX. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

1. You may use the Website for informational purposes only, to aid your own research and due diligence regarding the BonkX platform and services.

2. You may not use the Website or any information obtained from the Website to: (i) provide financial advice to others; (ii) engage in market manipulation; (iii) create competing products or services; (iv) scrape, harvest, or collect data for commercial purposes; or (v) engage in any activity that violates applicable law.

You agree not to engage in any of the following activities:

1. Violating any applicable laws or regulations, including but not limited to anti-money laundering laws, sanctions regulations, or securities laws;

2. Using the Website for any purpose that is unlawful, fraudulent, deceptive, or harmful;

3. Introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful;

4. Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;

5. Attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;

6. Using any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission;

7. Impersonating or attempting to impersonate BonkX, a BonkX employee, another user, or any other person or entity;

8. Engaging in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm BonkX or users of the Website;

9. Using the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website; or

10. Otherwise attempting to interfere with the proper working of the Website.

Our Privacy Policy describes how we handle the information you provide to us when you use the Website and the BonkX App. By using the Website, you consent to our collection and use of information as described in our Privacy Policy, available at docs.bonkx.io/legal/privacy-policy/. You understand that through your use of the Website, you consent to the collection, use, and sharing of your information as set forth in the Privacy Policy.

THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE SPECIFICALLY DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR CORRECT; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

We specifically disclaim all responsibility and liability for the unavailability, errors, or inaccuracies of any third-party content, including cryptocurrency price data, blockchain information, and market data displayed on the Website.

IN NO EVENT WILL BONKX, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF DIGITAL ASSETS, OR COST OF COVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT BONKX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BONKX’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR ACCESS TO OR USE OF THE WEBSITE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BONKX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

You agree to defend, indemnify, and hold harmless BonkX, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms of Use; (b) your use of the Website; (c) your violation of the rights of any third party; or (d) any content or information you submit, post, or transmit through the Website.

1. The Website may display, include, or make available services, content, data, information, applications, or materials from third parties (“Third-Party Materials”), or provide links to certain third-party websites. By using our Website, you acknowledge and agree that BonkX is not responsible or liable for any Third-Party Materials, including their accuracy, completeness, timeliness, validity, legality, or quality.

2. Links to third-party websites, including Rain’s platform, blockchain explorers, decentralized applications, and other external resources, are provided for convenience only. We do not endorse, and are not responsible for, the content or practices of any third-party websites.

3. You access and use Third-Party Materials and third-party websites entirely at your own risk and subject to such third parties’ terms and conditions.

1. We or our affiliated entities may be required to provide certain legal and regulatory disclosures, notices, agreements, and communications to you in writing. By using the Website and providing your email address, you consent to receive all such communications electronically, including via email, in-app notifications, or by posting on the Website.

2. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

1. We may suspend or terminate your access to all or part of the Website, including any account you may have created, for any or no reason, including without limitation if we reasonably believe: (i) you have violated these Terms of Use; (ii) you pose a risk to us, our users, or any third party; or (iii) your account has been used for unauthorized or illegal activity.

2. You may stop using the Website at any time. These Terms of Use will continue to apply to your prior use of the Website.

3. Upon termination, all provisions of these Terms which by their nature should survive will survive, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

1. These Terms of Use and any dispute or claim arising thereunder or related thereto shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

2. Any dispute, controversy, or claim arising out of or relating to these Terms, including the breach, termination, or validity thereof, shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in New York, New York, or at the election of either party, remotely via videoconference.

3. CLASS ACTION WAIVER: YOU AND BONKX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

4. JURY TRIAL WAIVER: YOU AND BONKX HEREBY WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OF USE.

5. Limitation Period. Any claim arising under or relating to these Terms of Use must be brought within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred.

6. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

1. Entire Agreement. These Terms of Use, together with the Privacy Policy and any other documents expressly incorporated by reference, constitute the entire and exclusive understanding and agreement between you and BonkX regarding your use of the Website. These Terms do not alter or supersede the BonkX User Agreement (International), the Spend Card Terms, or any other agreements you may have with BonkX or its partners regarding the BonkX App or card services.

2. Severability. If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

3. Waiver. No waiver by BonkX of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by BonkX to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

4. Assignment. You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent. BonkX may assign or transfer these Terms, in whole or in part, without restriction.

5. Force Majeure. BonkX shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, blockchain network failures, or internet disruptions.

6. No Fiduciary Duty. These Terms are not intended to, and do not, create or impose any fiduciary duties on BonkX. BonkX owes no fiduciary obligations or duties to you by virtue of these Terms or your use of the Website.

7. Headings. The section headings in these Terms of Use are for convenience only and have no legal or contractual effect.

8. Language. These Terms of Use are drafted in the English language. In the event of any conflict between the English version and any translation, the English version shall prevail.

If you have any questions about these Terms of Use, you may contact us at:

BonkX, Inc. (d/b/a BonkX)

Email: legal@bonkx.io

Website: bonkx.io

This Risk Disclosure Statement provides you with information about some of the key risks associated with the services described on the Website. This is not an exhaustive list of all risks. You should carefully consider whether the services are appropriate for you in light of your financial condition, risk tolerance, and understanding of cryptocurrency and blockchain technology.

Cryptocurrency and digital asset risks

Self-custody risks

Blockchain and smart contract risks

Regulatory risks

Card program risks

Technology risks

Third-party service risks

No insurance or guarantees

Tax risks