Terms And Conditions
Terms and conditions for the operation and use of the Brokkr Platform
a) Brokkr – Brokkr is a limited liability commercial entity incorporated under the laws of The British Virgin Islands, company no. 2069997, of Craigmuir Chambers, Road Town, Tortola, VG 1110, British Virgin Islands.
b) T&C – T&C refers to the Terms and conditions for the operation and use of products and services, that are, or may be, offered by Brokkr. The T&C outlines the requirements, definitions, circumstances and services, and the way these services are offered by Brokkr.
c) Platform – The platform refers to the website or application provided and maintained by Brokkr.
d) Service/Services – A service or services refers to one or many functionalities that are provided through the Platform.
e) User/Users – User is a person who uses or benefits from the use of the Platform, regardless of whether the User has consented to the T&C.
f) DeFi – DeFi is an acronym that stands for decentralized finance. DeFi represents various smart contracts i.e., applications and programming code which is deployed or distributed through distributed ledger technology (DLT), DNS networks, or other networks with distributed or centralized points of failure, who’s operation would unlikely be influenced by one, or more persons.
g) Digital item – A Digital item may represent what is commonly referred to as a coin, token, crypto currency or an NFT item, which is either programing code that provides unique identifiers for digital collectibles or programming code that is used to generate identical, generic or unique, fungible or nonfungible items that can be traded for one another or used for other purposes by Users on the Platform.
h) Risk/Risks – Represents unforeseen and uncontrollable factors and events, that, with or without the knowledge or recognition of the User, determine the safety, possession, value, transferability, of the User’s Digital items, and which is an inseparable element when choosing to use the Platform.
i) Guidelines and Documentation – Can consist of various proprietary and/or nonproprietary analyses, considerations, that may or may not be presented to the User. If presented to the User, Guidelines and Documentation will be presented in either digital or paper form.
j) Strategy/Strategies – Represent the proprietary and/or nonproprietary considerations of various factors, indices and events that are used by the Platform to provide the User with Guidelines and Documentation for how Risk is assessed and managed.
k) Wallet – Represents a digital address on a DLT network to which any other user of the DLT network can deposit Digital items into, while only the user with access parameters can operate the deposited Digital items.
l) Brokkr DAO – The Brokkr DAO represents the organization that will be governed by the holders of the native Digital item of the Platform, through holder pre established governance models, at which point Brokkr will relinquish and be striped from any influence (managerial, financial and factual), partial or full, over the functionality, image, branding of the Platform
m) IPR – IPRs represent intellectual property rights that might pertain, but are not limited to all moral and economic rights pertaining to:
● copyrights, trademarks, patents, industrial designs, databases
● software and software development kits;
● development and debugging tools related thereto;
● application files;
● technical documentation, repair manuals, service manual, engineering schematics, and other materials;
● source code;
● programming language constructs for developing software and hardware that access specific functions and services provided thereby;
● artwork related thereto;
● updates, upgrades, revisions or new versions thereof;
● the right to use any intellectual property rights associated with or related to the use thereof and
● other intellectual property rights that are prescribed by any local law that might be prudent to be applied in future circumstances
n) Personal information – Personal information represents any piece of information, data point or data set, which can be used by any party to identify the User.
o) Pocketing – The Platform allows the User to participate in the transaction validation process on proof-of-stake (PoS) blockchains. Such blockchains allow the participating holders of a minimum - required balance of a specific digital item to validate transactions and pocket new digital items.
Brokkr is a decentralized blockchain protocol in which Users can exchange Digital items and use Strategies built around various DeFi products. Your use of the Platform involves various Risks, including, but not limited to, complete loss of Digital items provided. Before using any functionality of the Platform, you should review the relevant Guidelines and Documentation of the Platform and the underlying protocols to make sure how the Platform works. Brokkr’s mission is to provide all the necessary Guidelines and Documentation to Users so that they can access various DeFi applications and services.
Brokkr does not hold any licenses in the U.S. or any other jurisdiction. Any investment made through our protocol shall be made with this in mind.
Nothing on the Brokkr webpage or on Brokkr related social-media accounts should be construed as financial advice. All statements may contain forward-looking statements (including statements regarding the intent, belief or current expectations with respect to market conditions, business strategy and plans, financial condition, specific provisions and risk management practices). You are cautioned not to place undue reliance on these forward-looking statements given that these statements involve known and unknown Risks, uncertainties and other factors that may cause the actual future results to be materially different from that described by such forward-looking statements, and no independent third party has reviewed the reasonableness of any such statements or assumptions.
Brokkr is provided “as is”, at your own Risk and without warranties of any kind. Brokkr developed the initial Platform code, however, the determination of the substance of these T&C, the underlying documentation, and the $BRO token will soon be taken over by a distributed governance model known as the DAO. No developer or entity involved in creating the Platform will be liable for any claims or damages whatsoever associated with your use, inability to use, or your interaction with other users of the Platform, including any direct, indirect, incidental, special, exemplary, punitive or consequential damages, or loss of profits, cryptocurrencies, tokens, or anything else of value.
No regulatory authority has approved, formally or informally, any of the information set out in these T&C.
By clicking ‘Invest’ you confirm that you accept the Terms and Conditions
(The Introduction represents a user-friendly elaboration of the Platform, the Risks and Strategies, that is not legally binding.)
3.1 By visiting or accessing the Platform or any of its functionalities, whichever way they might be made or become available to the User, the User:
3.1.1 Agrees that he has read and accepted all of the T&C herein, as amended from time to time and
3.1.2 Acknowledges and agrees that he will be bound by such T&C.
3.2 If the User does not agree to be bound by these T&C, the User is prohibited to access or use the Platform or Services. Brokkr and the Brokkr DAO reserve the right to change, modify or amend the T&C contained herein, including but not limited to any policy or guideline of the Platform, at any time and at its sole discretion. As described in these T&C, the User agrees to be legally bound by these T&C and all terms incorporated by reference. Brokkr and the Brokkr DAO will provide notice of these changes by posting the revised T&C through regular community updates, or by any other means as determined by the Brokkr or the Brokkr DAO at its sole discretion, and the updated T&C will be effective at such time. If the User does not agree with any such modification, the Users sole and exclusive remedy is to terminate the use of the Platform and/or Service(s) and disconnect/unlink the Wallet from the Platform and its Services. The user agrees that Brokkr or the Brokkr DAO will not be liable to the User or any third party as a result of any losses suffered by any modification or amendment of these T&C. The Users non-termination or continued use of Platform and/or its Service(s) after the effective date of any changes or modifications of these T&C will constitute the User’s acceptance of such changes or modifications.
3.3 The T&C apply to the User’s access to, and use of, the Platform, and/or any Service(s) provided by Brokkr or the Brokkr DAO. We encourage the User to frequently review the Terms to ensure the User understands the terms and conditions that apply to the access and use of the Platform and Service(s). If you have any questions regarding the use of the Platform or the Service(s), please contact us through our Discord server .
3.4 The User is solely responsible for understanding and complying with any and all laws, rules, and regulations of the User’s specific jurisdiction that may be applicable to the User in connection with the use of any and all services, products, and content made available through the Platform, or through the Service(s), by Brokkr or the Brokkr DAO accordance with relevant regulation.
3.5 Please be advised, the value of Digital items may increase or decrease significantly or disappear entirely. There is substantial risk, both manageable and unmanageable by Brokkr or the Brokkr DAO, involved when choosing a Strategy, Risk profile or using a Service of the Platform. The User acknowledges that no disclaimer, or caution is sufficient warning regarding the risks and complexities stemming from Digital items or any operation with Digital items. Please carefully consider whether engaging in this activity is suitable for you. If so, please use the Platform responsibly.
4.1 The Platform and the Services allow Users to exercise one or many functionalities.
4.2 These functionalities might consist of the following:
4.2.1 Connecting or linking the User’s Wallet to the Platform API;
4.2.2 Choosing a Risk profile and threshold for one or many Strategies;
4.2.3 Review of Risk profiles and Strategies research or data;
4.2.4 Receive Digital items after a Risk profile and/or Strategy has been chosen in a predetermined time frame, dependent on blockchain’s block and epoch times;
4.2.5 Airdrop of additional digital items to a Strategy;
4.2.6 A 0.5% withdrawal fee when withdrawing from a previously chosen Portfolio or Strategy;
4.2.7 Receive discounts on certain Services and/or Strategies;
4.2.8 Participate in the creation of new provisions of the T&C;
4.2.9 Participate in the creation of new Services and Strategies and
4.2.10 Pocketing Brokkr native Digital items.
4.3 Depending on the User’s place of residence, the User may not be able to use all, or some of the functionalities of the Platform, or choose all or some of the Strategies or Risk profiles. It is the User’s responsibility to follow rules and laws in his place of residence and/or place from which the User accesses the Platform or the Services.
5.1 The User has the right to enter and use the Platform and the Services, only if the User agrees and complies with the T&C. By using the Platform or Services, the User agrees and accepts the T&C stated herein.
5.2 The User undertakes to read the entire T&C carefully before using the Platform or any Service provided by Brokkr or the Brokkr DAO.
5.3 The User undertakes to comply with any and all applicable laws and regulations related to the use of the Platform or Services.
5.4 The User undertakes to monitor all and any changes on his Wallet, including but not limited to any changes to balances, inventory or other repositories.
5.5 The User undertakes to immediately inform Brokkr or the Brokkr DAO about any unusual, suspicious, unclear, or abnormal changes on his Wallet. Any delay in informing Brokkr or the Brokkr DAO of such changes, the User will be liable for the breach of the T&C and Brokkr or the Brokkr DAO will have the right to take any further steps accordingly, including but not limited, not taking remedying action.
5.6 Brokkr or the Brokkr DAO is not required to undertake any action pursuant to or in connection with, any change, or unusual, suspicious or unclear events in the User’s Wallet.
5.7 The User agrees that, whenever an operation is made, the only operation the Platform undertakes, is to provide an access interface for DeFi protocols. Additionally, all operations made by the User will be made in the name and on the behalf of the owner or owners of the access parameters to the Wallet (e.g., Private keys, passphrases etc.).Brokkr or the Brokkr DAO, does not, and will not, hold the access parameters of the User, or have custody of the User’s Digital items.
5.8 The User is obligated to only use the Wallet that he is the rightful owner of. Any attempt otherwise will be considered fraud.
5.9 The User undertakes to notify Brokkr or the Brokkr DAO immediately of any unauthorized use of the User’s Wallet, or any other breach of security by any User. Users who violate the rules contained herein may be terminated, and thereafter held liable for any losses incurred by Brokkr or the Brokkr DAO or any other User of the Platform.
5.10 The User undertakes not to use the Platform or Services, to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, financing terrorist organizations, or malicious hacking.
5.11 The User is responsible for any and all damages caused, and all liability actions brought against Brokkr or the Brokkr DAO for infringement of any third-party rights or violation of any applicable laws.
5.13 The User is solely responsible for determining whether any contemplated operation is appropriate for them based on their personal goals, financial status, and risk tolerance.
5.14 Users are prohibited from engaging in any kind of market manipulation or taking any actions which specifically include, without limitation: front-running, wash trading, spoofing, layering, churning, and quote stuffing. For general understanding market manipulation actions are actions were taken by any User or a person acting in concert with a User which is intended to:
5.14.1 Deceive or mislead other Users;
5.14.2 Artificially control or manipulate the price or trading volume of Funds and
5.14.3 Aid, abet, enable, finance, support or endorse either of the above. This may include actions on Brokkr or the Brokkr DAO Platform and/or outside of the Brokkr or the Brokkr DAO Platform
5.15 Actions regarded by Brokkr or the Brokkr DAO as market manipulation will result in blocking the User's Wallet on the Platform with the right to use any Digital items the Platform has possession of Funds for reimbursement of negative consequences that appeared due to mentioned manipulation at the sole discretion of Brokkr or the Brokkr DAO.
6.1 By connecting or linking a Wallet, the User expressly represents and warrants that the User:
6.1.1 Follows the rules and laws in his/her country of residence and/or country from which the User accesses the Platform and Services;
6.1.3 Is at least the age of consent as prescribed by relevant local law for engagement in commercial activities and has the right and capacity to accept these T&C and participate in transactions involving Digital items;
6.1.4 If the User is a corporate User, such a company has the legal capacity to accept these T&C and participate in operations involving Digital items.
6.2 The User represents and warrants that Digital items present in their Wallet are owned by User and are gained by or derived from legal sources.
6.3 The User represents and warrants that all operations being carried out do not violate the rights of any third party or applicable laws.
6.4 The User understands that his Personal Information and identifiers may be shared, to the extent they are collected, with appropriately authorized third parties, due to legal obligations such as prevention of crimes and tax purposes and/or to provide the service requested by the User.
7.1 To the extent permitted by law, Brokkr or the Brokkr DAO is not responsible for any indirect or consequential damages, losses, including but not limited to, loss of profit, loss of revenue, loss of business, loss of opportunity, or loss of data, unless the loss suffered is caused by a breach of the T&C by Brokkr or the Brokkr DAO.
7.2 Brokkr or the Brokkr DAO is not responsible for any reason why the Platform or its Services might become unavailable at any given time, nor is Brokkr or the Brokkr DAO responsible for any malfunction, breakdown, delay, or interruption of an Internet connection.
7.3 Brokkr or the Brokkr DAO is not responsible for the delay in the processing of User operations by the fault of any third parties’, processor’s, operator’s, blockchain ’s or protocol’s operation.
7.4 In instances where a change in legislation of a particular country or state, the consequences of which are the imposition of stricter or different regulation of a Digital item present in the User’s Wallet or on the Platform, Brokkr or the Brokkr DAO may restrict Users interaction with the Platform for Users who are subject to such changes in legislation.
7.5 In case of fraud, Brokkr or the Brokkr DAO undertakes to report all the necessary information, including names, addresses, and all other requested information, to the relevant authorities dealing with fraud and breaches of the law. The User recognizes that the Wallet may be disconnected or unlinked at any time at the request of any competent authority investigating an alleged fraud or any other suspected illegal activity.
7.6 Compliance in such a way with regulatory authorities by Brokkr or the Brokkr DAO will lead to a performance penalty (if technically possible) to be deducted from the User’s Wallet, and the User acknowledges that such actions by Brokkr or the Brokkr DAO will not give rise to liability of Brokkr or the Brokkr DAO, or present a breach of the T&C.
7.7 Brokkr or the Brokkr DAO reserves the right, in its sole discretion, to discontinue or terminate the Platform or Service(s) provided to the User without notice, temporarily or permanently, including, but not limited to, the following cases:
7.7.1 If the User violates relevant laws and regulations or these Terms;
7.7.2 If required by any provisions of the laws and regulations, as well as the requirements of relevant government authorities;
7.7.3 For security reasons or other necessary circumstances, as determined at our sole discretion.
8.1 The User agrees and acknowledges that his access parameters and all other required forms of authentication were selected by the User and the User further agrees to keep all forms of authentication, including by not limited to login credentials, API keys, passwords, 2FA devices, separate and confidential.
8.2 The User agrees and acknowledges that the User is solely responsible for managing and maintaining the security of his access parameters and all required forms of authentication for his Wallet.
8.3 The User agrees and understands that he specifically disclaims any liability or responsibility of Brokkr or the Brokkr DAO for the management, maintenance, and/or security of the User’s access parameters, required forms of authentication, and/or of unauthorized use of the User’s Wallet.
8.5 The User is responsible for maintaining the confidentiality of their Wallet credentials, including, but not limited to a password, email, wallet address, balance, and of all activity including operations made through the Wallet.
8.6 Brokkr or the Brokkr DAO will never ask the User to disclose their access parameters. Any message the User receives or website that the User visits that asks for the User’s access parameters, other than the Brokkr or the Brokkr DAO Platform, should be reported to Brokkr or the Brokkr DAO. If the User is in doubt whether a website is genuine, it is required to ensure the website is TLS 1.2 compliant (Security Certificate Validation is shown in the address bar of a web browser).
8.7 It is recommended for the User to change the access parameters of the Wallet (where applicable) each 3 (three) calendar months on a regular basis in order to reduce the Risk of a security breach in relation to the Wallet. Brokkr and the Brokkr DAO also advises the User not to choose access parameters that are easily guessed from information someone might know or gather about the User or access parameters that have a meaning. The User must never allow anyone to access the User’s Wallet or watch the User accessing his/her Wallet.
8.8 If the User has any security concerns about the Wallet, login details, password, or other security feature being lost, stolen, misappropriated, used without authorization, or otherwise compromised, the User is advised to change these access parameters. Any undue delay in notifying Brokkr or the Brokkr DAO may not only affect the security of the Wallet, but may result in the User being liable for any losses as a result. If the User suspects that someone else accessed the Wallet, the User should also contact any appropriate government agency to report the incident.
8.9 User must take reasonable care to ensure that the User’s e-mail account(s) are secure and only accessed by the User, as the User’s e-mail address may be used to reset passwords or to communicate with the User about the security of the Wallet. Brokkr or the Brokkr DAO cannot be liable for the breach of an e-mail account resulting in an unauthorized operation executed without proper confirmation.
8.10 Irrespective of whether the User is using a public, a shared or his/her own computer to access the Wallet, the User must always ensure that access parameters are not stored by the browser, cached, or otherwise recorded. The User should never use any functionality that allows access parameters to be stored by the computer in use by someone other than the User.
8.11 Additional products or services accessed by the User may have additional security requirements and the User must comply with those security requirements as well.
8.12 Two-factor authentication (where applicable) should be enabled in order to use the Platform.
9.2 Identification and verification procedures (also known as 'Know Your Customer' or 'KYC') are not required for the use of the Platform. However, with the changing regulatory landscape certain Users might be required to pass verification procedures. Brokkr and the Brokkr DAO reserves the right to limit the Platform functionality to the Users who have not passed verification. If the User refuses to provide required documents and information under KYC procedures, Brokkr and the Brokkr DAO reserves the right to immediately terminate the Services provided to the User.
9.3 The User undertakes to provide Brokkr and the Brokkr DAO with correct and relevant documents and personal information. If a User provides counterfeit documents or false personal information, such behavior will be interpreted as fraudulent activity and reported to the relevant governmental authorities.
9.4 The User hereby authorizes Brokkr and the Brokkr DAO to, directly or indirectly (through third parties), make any inquiries as we consider it necessary to check the relevance and accuracy of the information provided for verification purposes. Personal Information transferred will be limited to only the data that is strictly necessary and will only be transmitted with security measures in place to protect the data.
9.5 Brokkr and the Brokkr DAO reserves the right to request the User to provide additional verification documents even if the User has already passed the verification process to ensure the effective implementation and enforcement of Brokkr and the Brokkr DAO’s AML/KYC and/or Bank Secrecy Act ('BSA') and KYC Policy and applicable regulatory requirements. If the User does not respond to such requirements in a timely manner, Brokkr and the Brokkr DAO has a right to limit its services or to stop providing them until the requirements are met.
9.6 The User agrees to provide Brokkr and the Brokkr DAO with accurate and authentic information at registration and on an ongoing basis for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime, including without limitation a copy of your government issued photo ID, or evidence of residency such as a lease or utility bill. If you are a U.S resident, you further certify under penalty of perjury that all such W-9 information provided by you is correct, accurate and authentic.
9.7 If any information provided by the User changes, it is the User’s obligation to provide to Brokkr and the Brokkr DAO such updated information as soon as possible. Brokkr and the Brokkr DAO may, at its sole discretion, refuse to allow the User to register to use the Service(s) or limit Users from registering multiple accounts (as described above).
9.8 User agrees and acknowledges that based on Brokkr’s or the Brokkr DAO’s regulatory obligations, Brokkr and the Brokkr DAO might have a duty to investigate any activity that may be unusual, suspicious, and/or in furtherance of an attempted violation of applicable law or T&C.
9.9 During the course of Brokkr’s or the Brokkr DAO’s Wallet investigation, Brokkr and the Brokkr DAO may:
9.9.1 Suspend or otherwise disable chosen Services, Strategies or Risk profiles of the User’s Wallet and all accounts beneficially owned by User and any members of such User’s household, or for which User is a representative or authorized signatory and, in the case of entities, any affiliate;
9.9.2 Suspend or otherwise disable User access to Brokkr and the Brokkr DAO services or any affiliated Brokkr or the Brokkr DAO platforms, until a determination has been made, if we suspect, at our sole discretion, you and/or any related accounts under common control to be in violation of:
22.214.171.124 any provision of these T&C;
126.96.36.199 the Brokkr’s or the Brokkr DAO’s AML/KYC and/or Brokkr’s or the Brokkr DAO’s BSA/AML Program;
188.8.131.52 any applicable laws or regulations by any of Brokkr’s and the Brokkr DAO’s regulators;
184.108.40.206 any of Brokkr’s and the Brokkr DAO’s policies as incorporated by reference herein.
9.10 The User further agrees and understands that until a final determination or conclusion of the Wallet investigation occurs, Brokkr and the Brokkr DAO may suspend or otherwise disable User’s Wallet access to the Platform, in whole or in part, including but not limited to, under the following scenarios:
9.10.1 The account, or authorized User is subject to any pending litigation, investigation, or governmental proceeding.
9.10.2 The account or authorized User is a named person being investigated by a regulatory authority, subject to a court order, facially valid subpoena, or binding order of a government authority.
9.10.3 The account has a negative balance for any reason.
9.10.4 We believe an unauthorized person is attempting to access the User’s Wallet.
9.10.5 There is unusual or suspicious activity on the account.
9.10.6 User’s Wallet has been accessed from a sanctioned jurisdiction or a jurisdiction of Brokkr’s and the Brokkr DAO’s is not authorized to operate.
9.10.7 User’s Wallet has not been accessed in two (2) calendar years or more.
10.1 At any time, the User can disconnect or unlink their Wallet from the Platform. However, Wallet disconnection or unlinking may lead to a fee being deducted from the User’s rewards and Wallet disconnection or unlinking will not end any open investigation into a User's Wallet or prevent the reporting of any suspicious activity to the relevant governmental authorities.
10.2 The User agrees and understands that Wallet disconnection or unlinking will not affect any rights and obligations incurred prior to the date of the Wallet disconnection or unlinking. The User may be required to either cancel or complete all necessary operations and, in accordance with the provisions of these T&C. User is responsible for any fees, costs, expenses, charges, or obligations (including, but not limited to, attorney and court fees or transfer costs of Fiat currency or Digital items) associated with the disconnecting or unlinking of the Wallet. In the event that the costs of disconnecting or unlinking of the Wallet exceed the value in the User’s rewards, the User will be responsible for reimbursing Brokkr or the Brokkr DAO. User may not disconnect or unlink their Wallet to avoid paying any fees incurred or to avoid any examination related to Brokkr or the Brokkr DAO KYC/AML Program and/or Brokkr or the Brokkr DAO BSA/AML Policy.
11.1 The User acknowledges that any and all IPRs arising from the Platform, Strategies, Application, Risk profiles, or code are the property of Brokkr and will become the property of the Brokkr DAO.
11.2 When the User connects/links their Wallet to the Platform the User warrants, allows and consents that the Platform and Brokkr or the Brokkr DAO are allowed to incorporate into or use in connection with, any product, process, service, technology, or other work by or on behalf of the Platform or Brokkr, as a non-exclusive, royalty-free, fully paid-up, irrevocable, perpetual, worldwide license, with the right to grant and authorize sublicenses, to make, have made, modify, use, import, offer for sale, and sell all or some of IPRs as part of or in connection with such product, process, service, technology, or other work, and to practice any method related thereto, any and all IPRs that the User is entitled to, stemming from or vested to, the Digital items the User’s Wallet contains.
11.3 No User, or third party is entitled to, or is allowed to use in any way, any code, as a whole or in part, without the express prior written consent from Brokkr or the Brokkr DAO.
12.1 The Platform allows the User to choose Strategies and Risk profiles for a chance to receive digital items.
12.2 User recognizes that, while Brokkr and the Brokkr DAO will perform its own research in order to provide the User with the lowest risk and highest return on their respective chosen Strategies and Risk profiles, choosing a Strategy or Risk profile should only be done after careful consideration and conducting the User’s own research. User further understands and accepts the consequences of choosing a Strategy or Risk profile. The User agrees that as soon as the Wallet is connected, linked or digital items are deposited and/or Strategy or Risk profile has been chosen, Risk will become material on the side of the User.
12.3 User acknowledges and agrees that the User is solely responsible for properly checking and filling in necessary information and choices made when choosing a Strategy or Risk profile.
12.4 User acknowledges and agrees that if information provided when choosing Strategy or Risk profile is not specified or is incorrectly indicated the User might face additional Risk that Brokkr or the Brokkr DAO cannot be held liable for.
12.5 The User acknowledges and agrees that choosing Strategy or Risk and/or receiving digital items may be delayed shortly or indefinitely due the nature of digital items, blockchain/protocol slowdown, insufficient hashing power, number of validators or high gas fees.
12.6 If User discovers unusual activity, including but not limited to unknown Strategy or Risk profile choice, on their Wallet that was not initiated by the User, the User shall immediately notify Brokkr or the Brokkr DAO of this fact. Otherwise, Brokkr or the Brokkr DAO reserves the right to disconnect or unlink the Wallet until the end of the investigation.
12.7 Brokkr or the Brokkr DAO may be forced to cancel or recall already chosen Portfolios, Strategies and Risk profiles at a request of financial institutions, including but not limited to banks, authorities or regulatory bodies. In such cases, the User obliges to cooperate with Brokkr or the Brokkr DAO in order to discover the reasons for such request and the facilitation of such a request.
12.8 The minimum deposit amount for any portfolio is 1 USD. If the amount is less than specified, the funds will not be credited to the User's chosen Portfolio or Strategy.
12.9 Brokkr or the Brokkr DAO supports the following protocols for linking, connecting and depositing Wallet digital items into Strategies or Risk profiles:
12.10 If the User were to use different protocols for operating the Platform, the User may lose his/her funds.
12.11 Brokkr or the Brokkr DAO reserves the right but not an obligation at the User’s request to recover in certain situations incorrectly sent by the User to the Platforms, Portfolios, Strategies or otherwise.
12.12 The User acknowledges and agrees that the attempt to recover the incorrectly sent digital items incurs a non-refundable fee of 10% from the sent amount, but not less than 100 (one hundred) USD in your digital item equivalent. This fee will be calculated from the original amount of the User’s sent amount.
12.13 The User agrees that the Brokkr or the Brokkr DAO team can start the recovery process only if the User has a sufficient amount of digital items in its Wallet to cover this recovery fee.
12.14 The User acknowledges and agrees that this recovery fee will be charged regardless of the recovery outcome as the Brokkr or the Brokkr DAO team uses significant resources to investigate the case, develop, and implement technical solutions.
12.15 The User acknowledges and agrees that the decision to recover an incorrectly sent amount by the User remains fully at the sole discretion of the Brokkr or the Brokkr DAO team, as it will investigate every case and estimate whether or not it can attempt to recover these funds.
12.16 A complete record including, digital item operations and withdrawals history that is available in the User Brokkr or the Brokkr DAO account(s). The User acknowledges and agrees that no representation in his history should be considered a valuation. Brokkr or the Brokkr DAO uses all reasonable and commercially viable efforts to ensure that the User transaction history is accurate.
13.1 The User understands that Brokkr or the Brokkr DAO does not own or control the underlying software protocols of Digital items networks that govern the operation of Digital items. In general, the underlying protocols are open source, and available to anyone who can use, copy, modify, and distribute them. User agrees and understands that:
13.1.1 Brokkr or the Brokkr DAO is not responsible for the operation of the underlying protocols, and
13.1.2 Brokkr or the Brokkr DAO makes no guarantees regarding their security, functionality, or availability. The User further acknowledges that Brokkr or the Brokkr DAO performs extensive due diligence before supporting a Digital item on the Platform in accordance with its listing procedures. The User acknowledges and understands that Brokkr or the Brokkr DAO may choose to support or delist Digital items at our sole discretion.
14.1 User agrees and understands that the underlying protocols of supported Digital items are subject to changes in the protocol operating rules. Such an event may lead to a “Fork” whereby the network protocol may disagree on the proposed change in protocol, thereby resulting in only part of the network adopting the new protocol with the result that the network will bifurcate into different blockchains with one adopting the new protocol and the other rejecting the proposed protocol. Although each potential Fork is different, it may result in more than one version of the blockchain or Digital item following the Fork. The User further agrees and understands that Forks may substantially affect the value, function, and transaction speed of the Digital items the User holds in chosen Portfolios or Strategies. Brokkr or the Brokkr DAO will use reasonable discretion to determine which Forked blockchain is supported by the greatest number of miners and users, and to determine which Forked blockchain may be supported.
14.2 In the event of a Fork, the User agrees and understands that Brokkr or the Brokkr DAO reserves the right to temporarily suspend the operations of the affected network protocols, while Brokkr or the Brokkr DAO determines, in its sole discretion, which, if any, Forked blockchain to support. As each Fork is different, the User agrees and understands that the determination made by Brokkr or the Brokkr DAO in regard to the Forked blockchain is under no time constraints or deadlines, and Brokkr’s or the Brokkr DAO’s decision to support, or not support, a Fork may be changed at our sole discretion. Under certain circumstances, if a Fork is not supported, the Digital items resulting from the unsupported blockchain may become the property of Brokkr or the Brokkr DAO. The User agrees and acknowledges that prior to any Fork, the User has the right to withdraw the User’s Digital items and retain the unsupported blockchain at the User’s own discretion, bearing the sole responsibility for any risks incurred.
15.1 Pocketing rewards are calculated and initiated by a dedicated smart contract that is usually deployed by a blockchain’s core team. The Platform is not responsible for the conditions and results of the Staking process of the smart contract.
15.2 Brokkr or the Brokkr DAO does not guarantee that you will receive Pocketing rewards, any specific reward, or any Pocketing return over time. Please carefully read the pocketing conditions of the respective smart contract.
15.3 The yield earned by the Users is determined by, and subject to the rules of the smart contract, which may be changed or modified by a blockchain’s core team at their sole discretion. Brokkr or the Brokkr DAO has no control over, nor will Brokkr or the Brokkr DAO be liable for, any change made to the smart contract.
15.4 Unless otherwise specified, the rewards are usually calculated and updated every hour, and sent to the User’s Wallet once per month. Pocketing services may not be available to Users in all jurisdictions.
15.5 The tax treatment of Pocketing rewards is uncertain, and it is the responsibility of the User to determine what taxes, if any, arise from receiving Pocketing rewards. Users are solely responsible for reporting and paying any applicable taxes arising from Pocketing. User acknowledges that Brokkr or the Brokkr DAO does not provide investment, legal, or tax advice to User in connection with such choices to participate in Pocketing. Users should conduct their own due diligence and consult their own advisors before making any decision to participate in Pocketing.
15.6 User understands and accepts the following risks that may arise and the related losses the User may incur from using Staking, including without limitation:
15.6.1 the User may have exposure to risks on the third-party platforms which may result in losses;
15.6.2 High price fluctuations of Digital items can result in significant losses in a short period of time;
15.6.3 Technical anomalies may occur, which may delay or prevent you from using Pocketing or performing related transactions, resulting in losses;
15.6.4 Market anomalies and unforeseen events may occur, which may result in losses;
15.7 User hereby warrants that the User has the necessary experience and knowledge to use Pocketing and understands and acknowledges the potential risks of using Pocketing. Users should carefully consider and evaluate their financial condition along with the above-mentioned risks before making any decision to use Pocketing.
16.1 The User agrees to pay Brokkr or the Brokkr DAO a fee for one and/or all of the following actions:
16.1.1 Entering or exiting a Portfolio;
16.1.2 Entering or exiting a Strategy;
16.1.3 Creating Strategies and
16.1.4 Periodic reward payout.
16.2 Prior to undertaking any action, the User must view the Fee rates published on the Portfolio detail page. However, Brokkr or the Brokkr DAO reserves the right to change the Fee rates from time to time by publishing updates on the Fee Schedule page.
16.3 The Fee amount is automatically charged off in the Digital item indicated.
16.4 The minimum fee equals the minimum Digital item amount. The Fee is charged according to the Rounding policy described below.
16.5 For specific types of Portfolios or Strategies, the Fee rate shall be disclosed before choosing a Portfolio or Strategy.
16.6 The Fee, other charges, as well as the charging procedure can be changed/reviewed unilaterally by Brokkr or the Brokkr DAO from time to time and such changes shall become effective the moment they are posted on the Platform.
16.7 The User acknowledges and agrees that every Digital item network can deduct its own network fee.
16.8 Brokkr or the Brokkr DAO may charge network fees, sometimes called miner fees, to process Digital item operations on the User’s behalf. Brokkr or the Brokkr DAO will calculate the network fee at its discretion.
17.1 Brokkr or the Brokkr DAO uses the rounding policy in the favor of the Platform on all operations. Brokkr or the Brokkr DAO rounds Digital items to Digital item’s native rounding. The Rounding policy for digital items varies depending on digital items.
17.2 For the purpose of the processes optimization, operations on the Platform with regard to some items (including, but not limited to digital items, etc.) will not be reflected at the User’s Wallet and will appear as the next whole unit in accordance with the rounding standards.
18.1 Brokkr or the Brokkr DAO reserves the right to suspend the User’s use of the Platform, Strategies or Risk profiles at any time if we reasonably believe to be required to do so by the law or in order to comply with recommendations issued by a relevant government authority or recognized body for the prevention of financial crime.
18.2 It is strictly forbidden to use the Platform, Portfolios or Strategies for any illegal purposes. Brokkr or the Brokkr DAO will report any suspicious activity to the relevant law enforcement authorities.
18.3 The User shall ensure that they do not use the Services for the transactions relating to:
18.3.1 money laundering, terrorist financing, proliferation of weapons of mass destruction;
18.3.2 has accepted these T&C;
18.3.3 human trafficking;
18.3.4 any goods or services that are illegal or the promotion, offer or marketing of which is illegal or that are offered in connection with illegal, obscene or pornographic content, depict children or minors in sexual postures, depict means of propaganda or signs of unconstitutional organizations glorifying war or violating human dignity;
18.3.5 any goods or services, promotion, offer or marketing of which would violate copyrights, industrial property rights or other rights of any person;
18.3.6 archaeological findings;
18.3.7 drugs, narcotics or hallucinogens;
18.3.8 weapons of any kind;
18.3.9 illegal gambling services;
18.3.10 Ponzi, pyramid or any other “get rich quick” schemes;
18.3.11 goods that are subject to any trade embargo;
18.3.12 media that is harmful to minors and violates laws and, in particular, the provision in respect of the protection of minors;
18.3.13 body parts or human remains;
18.3.14 protected animals or protected plants;
18.3.15 weapons or explosive materials;
18.3.16 any other illegal goods, services or transactions.
19.1 User agrees and acknowledges, if the User’s account, and any related account under common control, is determined, in Brokkr or the Brokkr DAO sole discretion, to have breached the T&C, Brokkr or the Brokkr DAO reserves the right to debit from all related rewards:
19.1.1 the value of any fee discounts, fee rebates or incentives that were conferred over the period of time looking back to the initial breach of the T&C and
19.1.2 any damages suffered by Brokkr or the Brokkr as a result of the User’s violation of the T&C.
19.2 User further agrees and acknowledges that if Brokkr or the Brokkr DAO determines in its sole discretion that the User has coordinated, colluded, or conspired with any other User on the Platform to commit market manipulation actions which specifically includes, without limitation: front-running, wash trading, spoofing, layering, churning, and quote stuffing, the User and the associated users will be jointly and severally liable for the entire value of all of the:
19.2.1 value of any fee discounts, fee rebates or incentives that were conferred during the time after the initial breach of the T&C;
19.2.2 any damages suffered by Brokkr or the Brokkr DAO as a result of your violation of the T&C Brokkr or the Brokkr DAO reserves the right to deduct such amounts related to these violations directly from all related Wallets.
20.1 The User may choose to unlink or disconnect their Wallet at any time, at which time some T&C provisions may still apply.
20.2 User also agrees that Brokkr or the Brokkr DAO may, by giving notice, at its sole discretion terminate access to the Platform and to Portfolios or Strategies, including without limitation, its right to: limit, suspend or terminate the service and the User’s Wallet access to the Platform and its content, services, and tools, delay or remove hosted content and take technical and legal steps to bar the User from the Platform if it comes to our knowledge that the User is giving rise legal liabilities, infringing the intellectual property rights of third parties or acting inconsistently with the letter or purpose of these T&C. Additionally, Brokkr or the Brokkr DAO may, in appropriate circumstances and at its discretion, suspend or terminate Wallet access to the Platform of Users for any reason, including without limitation:
20.2.1 attempts to gain unauthorized access to the Platform or another User's Wallets or providing assistance to others attempting to do so;
20.2.2 overcoming software security features limiting the use of or protecting any content,
20.2.3 usage of the Service to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities;
20.2.4 violations of these T&C;
20.2.5 failure to pay or fraudulent payment for Digital item operations;
20.2.6 unexpected operational difficulties and
20.2.7 upon the request of law enforcement or other government agencies, if deemed to be legitimate and compelling by Brokkr or the Brokkr DAO, acting at its sole discretion;
20.3 Brokkr or the Brokkr DAO will send the reward balance of the User’s Wallet. Brokkr or the Brokkr DAO will use reasonable efforts to ensure that charges are disclosed to the User prior to sending the rewards; however, where they cannot be avoided, the User acknowledges that these charges cannot always be calculated in advance and that the User agrees to be responsible for such charges.
20.4 Brokkr or the Brokkr DAO may terminate this agreement immediately if the User:
20.4.1 becomes, or is likely to become, insolvent or are declared bankrupt;
20.4.2 is in breach of any provision of the T&C;
20.4.3 the User’s use of the service or the website is disruptive to our other customers, or the User does anything which, in our opinion, is likely to bring us into disrepute;
20.4.4 breach or attempt to breach the security of the Platform (including but not limited to: modifying or attempting to modify any information; unauthorized log-ins, unauthorized data access or deletion; interfering with the service, system, host or network; reverse engineering of any kind; spamming; hacking; falsifying data; introducing viruses, Trojan horses, worms or other destructive or damaging programs or engines; or testing security in any way).
21.1 All Services are provided “AS IS”, without guarantees of any kind, either expressed or implied.
21.2 Brokkr or the Brokkr DAO will strive to keep the Platform up and running; however, all online services suffer from occasional disruptions and outages and Brokkr or the Brokkr DAO is not liable for any disruption or loss the User may suffer as a result. Thus, Brokkr or the Brokkr DAO does not provide any guarantees that access to the Platform will not be interrupted or that there will be no delays, failures, errors, omissions, or loss of transmitted information.
22.1 API requests can be limited to current Brokkr or the Brokkr DAO infrastructure or the transactions per second for any given blockchain. If this limit is exceeded, it may result in a ban for 10 minutes.
22.2 Brokkr or the Brokkr DAO may provide widgets for the Users to put its data on the User’s platform or website. The User is free to use widgets in their original unmodified and unaltered state.
22.3 Brokkr or the Brokkr DAO may provide mobile applications (“mobile apps”), which can be used to get access to the Platform. The use of these mobile apps is subject to these T&C.
23.1 Brokkr or the Brokkr DAO does not provide any financial, investment or legal advice in connection with the Platform or Services provided by Brokkr or the Brokkr DAO. Brokkr or the Brokkr DAO may provide information on the price, range, volatility of Digital items, and events that have affected the price of Digital items, but it should not be considered as investment or financial advice and should not be construed as such. Any decision to perform operations with Digital items is the User’s decision and Brokkr or the Brokkr DAO will not be liable for any loss suffered. Users should conduct their own research regarding Digital items.
24.1 Brokkr or the Brokkr DAO reserves the right to send notices to, and communicate with, the User by any means of communication available to Brokkr or the Brokkr DAO, considering the contact details provided by the User.
24.2 The User expressly agrees to receive any notices in electronic form and to be bound by them, as required by the T&C.
25.1 These T&C shall be governed by and construed in accordance with the the Rules of Arbitration and Conciliation of the International Arbitral Centre of the Austrian Federal Economic Chamber in Vienna (Vienna Rules) by three arbitrators appointed in accordance with these Rules and having their seat of arbitration in Vienna, in proceedings conducted in the English language. The arbitrators must be lawyers with experience in IT matters, if possible in the field of blockchain technology. The arbitrators shall decide in a confidential, non-public proceeding at their reasonable discretion and issue an enforceable award (if possible in figures), which shall also state that all costs and expenses of the prevailing party shall be reimbursed by the losing party. Any interim legal protection by ordinary courts shall not be affected by this arbitration clause., unless otherwise expressly provided. All disputes and controversies arising out of or in connection with this website and these T&C shall be submitted to the District Court of Vienna. If any portion of these T&C shall be deemed invalid, void, or for any reason unenforceable, such portion shall be deemed severable and shall not affect the validity and enforceability of any remaining portion.
25.2 As an unregulated entity, the User’s conduct on Brokkr or the Brokkr DAO may be subject to many laws and regulations, some of which are listed below:
25.2.1 The Bank Secrecy Act of 1970 (“BSA”);
25.2.2 The USA PATRIOT Act of 2001 (“PATRIOT Act”);
25.2.3 Money Services Business (“MSB”) regulations under the Financial Crimes Enforcement Network (“FinCEN”);
25.2.4 Applicable State money transmission laws (“MTL”);
25.2.5 The Commodities Exchange Act (“CEA”);
25.2.6 Applicable regulations and guidance set forth by FinCEN;
25.2.7 Applicable regulations and guidance set forth by the Securities Exchange Commission (“SEC”);
25.2.8 Applicable regulations and guidance set forth by Commodities Futures Trading Commission (“CFTC”);
25.2.9 Applicable regulations and guidance set forth by Internal Revenue Service (“IRS”) or applicable State taxation authorities;
25.2.10Applicable regulations and guidance set forth by the Financial Industry Regulatory Authority (“FINRA”);
25.2.11Applicable regulations and guidance set forth by the Federal Trade Commission (“FTC”);
25.3 The User agrees and understands that by using the Platform, the Services in any capacity, the User agrees to act with compliance, and is legally bound by these T&C, and all applicable laws and regulations.
25.4 The T&C for Users residing in the United States shall be construed in accordance with the laws of the State of Delaware.
26.1 In no event shall Brokkr or the Brokkr DAO, its officers, directors, employees, agents, and all third-party service providers be liable to the User or any other person or entity for any direct, indirect, incidental, special, punitive or consequential damages whatsoever, including any that may result from:
26.1.1 Accuracy, completeness or content of the Platform, or any of Brokkr or the Brokkr DAO related mediums of communication, including telegram, blog, facebook, twitter;
26.1.2 Accuracy, completeness or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this Platform;
26.1.3 The services found on the Platform or any sites linked (through hyperlinks, banner advertising or otherwise) to this Platform;
26.1.4 Personal injury or property damage of any nature whatsoever;
26.1.5 Third-party conduct of any nature whatsoever;
26.1.6 Any unauthorized access to or use of our servers and/or any and all content, personal information, financial information or other information and data stored therein;
26.1.7 Any interruption or cessation of services to or from the Platform or any sites linked (through hyperlinks, banner advertising or otherwise) to this Platform;
26.1.8 Any viruses, worms, bugs, trojan horses or the like, which may be transmitted to or from the Platform or any sites linked (through hyperlinks, banner advertising or otherwise) to this Platform;
26.1.9 Any User content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “x-rated”, obscene or otherwise objectionable and/ or;
26.1.10 Any loss or damage of any kind incurred as a result of the User's use of the Platform or the services found at the Platform, or any of Brokkr or the Brokkr DAO related mediums of communication, including telegram, blog, facebook, twitter, whether based on warranty, contract, tort or any other legal or equitable theory and whether or not Brokkr or the Brokkr DAO is advised of the possibility of such damages. In addition, the User specifically acknowledges and agrees that any cause of action arising out of or related to the Platform or the services found at the Platform must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred. In addition, the User specifically acknowledges and agrees that in no event shall Brokkr’s or the Brokkr DAO’s total aggregate liability exceed the total amount paid by the user for the particular Services that are the subject of the cause of action. The foregoing limitation of liability shall apply to the fullest extent permitted by law and shall survive any termination or expiration of these T&C or the User's use of this Platform or the Services.
26.2 Brokkr or the Brokkr DAO will not be liable for the transactions, initiated by the User, below the prescribed limits, as stated in clause 12.8 hereof.
26.3 To the extent permitted by applicable law, Brokkr or the Brokkr DAO categorically disclaims any implied warranties of title, merchantability, fitness for a particular purpose, and/or non-infringement. Brokkr or the Brokkr DAO does not make any representations or warranties that access to the Platform or access to any of the Services, or any of the materials contained herein, will be continuous, uninterrupted, timely, or without error.
26.4 If the user is a New Jersey resident, the provisions of this section (disclaimer of liability) are intended to apply only to the extent permitted under New Jersey law.
27.1 The User agrees to protect, defend, indemnify and hold harmless Brokkr or the Brokkr DAO and its officers, directors, employees, agents, and third-party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities, and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Brokkr or the Brokkr DAO directly or indirectly arising from:
27.1.1 The User’s use of and access to Platform or the Services found on the Platform;
27.1.2 The User’s violation of any provision of the T&C or the policies or agreements which are incorporated herein; and/or;
27.1.3 The User’s violation of any third-party right, including without limitation any intellectual property or another proprietary right. The indemnification obligations under this section shall survive any termination or expiration of the T&C or the User’s use of this Platform or the Services found on the Platform.
28.1 Brokkr or the Brokkr DAO reserves the right to amend or modify any portion of these T&C at any time by publishing the revised version of the T&C on the Platform. The changes will become effective and shall be deemed accepted by the User, the first time the User uses the Services after the publishing of the revised T&C and shall apply on a going-forward basis with respect to any activity initiated after publishing. In the event that the User does not agree with any such modification, the User's sole and exclusive remedy is to terminate the use of the Services and disconnect or unlink the Wallet. The User agrees that Brokkr or the Brokkr DAO shall not be liable to the User or any third party as a result of any losses suffered by any modification or amendment of these T&C.
29.1 None of the representations made by Brokkr or the Brokkr DAO herein constitute an offer to buy or sell or a solicitation of an offer to buy or sell investments, loans, securities, partnership interests, commodities, or any other financial instruments of any kind. Brokkr or the Brokkr DAO makes no representation or warranty, express or implied, to the extent not prohibited by applicable law, regarding the advisability of investing in securities, funds, partnership interests, or other investments of any kind.
29.2 Any of the content on any of the Brokkr or the Brokkr DAO Platform or mobile applications do not necessarily reflect the views of Brokkr or the Brokkr DAO Corp. as a whole, its directors, officers, employees, shareholders, or any part or member thereof. No information contained on the Brokkr or the Brokkr DAO Platform constitutes or should be construed as, investment, tax, legal, financial, or any other advice.
30.1 If Brokkr or the Brokkr DAO is unable to perform the Services or make the Platform available, outlined in the T&C due to the factors beyond its control including but not limited to the event of Force Majeure (including but not limited to any act of war), change of law, or a change in sanctions policy, act of god Brokkr or the Brokkr DAO will not have any responsibility to the User with respect to the Platform and Services provided hereunder and for a time period coincident with the event.
31.1 This Platform and the Services may contain links to third-party websites that are not owned or controlled by Brokkr or the Brokkr DAO. Brokkr or the Brokkr DAO assumes no responsibility for the content, terms, and conditions, privacy policies, or practices of any third-party websites. In addition, Brokkr or the Brokkr DAO does not censor or edit the content of any third-party websites. By using the Platform or the Services, you expressly release Brokkr or the Brokkr DAO from any and all liability arising from the User's use of any third-party website. Accordingly, Brokkr or the Brokkr DAO encourages the User to be aware when the User leaves the Platform, or the Services and to review the terms and conditions, privacy policies, and other governing documents of any other website that you may visit.
32.1 If any provision of these T&C shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these T&C shall not be affected.
33.1 In the event that Brokkr or the Brokkr DAO is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
34.1 These T&C shall not be construed to waive any rights that Brokkr or the Brokkr DAO might be entitled to, in any relevant jurisdiction.
35.1 The User unequivocally agrees and understands that these T&C collectively memorialize the relationship and agreement by and among the User and Brokkr or the Brokkr DAO. These T&C entered into by the User and Brokkr or the Brokkr DAO, supersedes all prior discussions, agreements, or correspondence of any kind.
36.1 The relevant language for construing and understanding these T&C is the English language.