Terms of Use
1. Introduction
These Terms of Use (the "Terms") provide the comprehensive terms and conditions under which you, whether personally or on behalf of an entity ("you" or "your"), are permitted to use, interact with, or otherwise access the interfaces, applications, and features provided by Bonex Finance ("the Company," "we," "us," or "our"). These Terms, together with any documents, additional terms, or policies that are appended hereto or that expressly incorporate these Terms by reference — including our Privacy Policy (collectively, the "Agreement") — constitute a binding legal agreement between you and the Company.
These Terms are applicable to:
- (i) Content Features: All content, informational functionality, and informational features available on Bonex.fi (the "Site") and any other website or interface to which these Terms are posted (each, an "Interface").
- (ii) Technology Features: All software, including but not limited to the blockchain-based, non-custodial, and decentralized smart contract protocol (the "Protocol") known as Bonex (hereinafter, the "Platform"), which may be accessible by users connecting their self-hosted cryptographic wallets via an Interface.
2. Nature of the Platform: Peer-to-Peer Architecture
Bonex operates strictly as a peer-to-peer (P2P) decentralized infrastructure. The Protocol consists of autonomous, self-executing smart contracts deployed on public blockchain networks, designed to facilitate direct, non-custodial interactions between users. Unlike traditional financial institutions or centralized exchanges, the Company does not act as an intermediary, broker, counterparty, or custodian in any transaction initiated through the Interface.
All interactions, including cross-chain swaps and liquidity provision, are conducted on a strictly P2P basis. The Interface serves solely as a technical tool to enable users to interact directly with the immutable logic of the Protocol. You acknowledge that the Company does not exercise discretionary control over the Protocol's execution, nor does it have the technical ability to reverse, cancel, or modify transactions once they are broadcast to the blockchain. The Platform is provided on a permissionless basis, and its operation is governed by code rather than by human intervention or centralized governance.
3. Eligibility and Restricted Jurisdictions
Access to the Technology Features and the Platform is subject to strict eligibility requirements. By using the Interface, you represent and warrant that:
- Legal Capacity: You are at least 18 years of age (or the legal age of majority in your jurisdiction) and possess the full legal right and authority to enter into this Agreement.
- Compliance with Law: Your use of the Site and Features does not violate any laws or regulations applicable to you in your jurisdiction.
- Restricted Persons: You are NOT a "Restricted Person." Use of the Platform for any trading or financial transactions is strictly prohibited for individuals or entities who reside in, are located in, are citizens of, or are incorporated in the following jurisdictions: The United States of America (including its territories), Canada, the United Kingdom, Russia, North Korea, Iran, Syria, Cuba, or any other jurisdiction subject to comprehensive sanctions or where DeFi activities are prohibited by law.
- VPN Prohibition: You are strictly prohibited from using a Virtual Private Network ("VPN"), proxy, or any other data-scrambling tool to circumvent geographic restrictions or to disguise your actual location to access the Platform.
- Sanctions Compliance: You represent that you are not the subject of any economic or trade sanctions administered by OFAC, the United Nations, or the European Union.
If the Company determines, in its sole discretion, that you are a Restricted Person or are otherwise ineligible, we reserve the right to immediately terminate your access to the Interface and Technology Features without notice. Any attempt to circumvent these restrictions is a material breach of this Agreement.
4. The Site, Interface, and Technology Features
4.1 Functional Components of the Site
The Site and its associated Interfaces serve as a comprehensive decentralized gateway, designed to facilitate user interaction with a blockchain-based peer-to-peer (P2P) ecosystem. The Site is comprised of two primary functional components, and your rights, obligations, and the nature of the interaction differ fundamentally between them:
- (a) The Informational Interface (the "Information Site"): One component of the Site functions strictly as an informational and educational resource. This part provides users with Content Features, including but not limited to, real-time data regarding decentralized finance (DeFi), cross-chain interoperability analytics, educational materials on bridge technology, and news regarding global digital asset markets. All information provided via the Information Site is for general informational purposes only. The Company does not guarantee the accuracy, completeness, or timeliness of such content.
- (b) The Technology Interface (the "Platform" and "Protocol"): The other component consists of a graphical user interface (the "Platform") that enables users to interact directly with the blockchain-based, peer-to-peer smart contract protocol (the "Protocol"). The Protocol consists of autonomous, self-executing, and non-custodial smart contracts deployed on various public blockchain networks (e.g., Ethereum, Polygon, and other compatible chains). This Interface allows users to broadcast their own self-directed instructions to the blockchain to engage in P2P digital asset exchanges and cross-chain swaps.
4.2 Technical Operation and Non-Custodial Nature
Even when the Site appears dynamic or updates in response to information you provide, Bonex is not initiating any actions on your behalf. The Platform is a technical utility, not a financial service provider. By using the Technology Features, you expressly acknowledge the following technical realities:
- No Centralized Intermediary: Bonex does not operate a digital asset exchange, nor does it provide trade execution, clearing, matching, or settlement services. The Platform is not a broker, and the Company is not a party to any transaction initiated through the Interface.
- Self-Directed Interaction: When you connect your self-hosted cryptographic wallet (your "Wallet"), you are solely responsible for the transactions you sign and broadcast. Bonex does not transmit any data to the blockchain on your behalf and cannot initiate transactions for you. The actual execution of any swap or transaction is performed exclusively by the smart contracts on the public blockchain.
- Non-Custodial Architecture: At no point does the Company, the Site, or the Platform take possession, custody, or control of your digital assets or your private keys. Your Wallet remains under your sole and exclusive control at all times. Bonex never has access to and cannot control your Wallet, nor can we recover or move your funds under any circumstances.
4.3 Blockchain-Specific Risks and Responsibilities
The use of the Protocol involves significant technical risks. By interacting with the Interface, you represent that you have sufficient knowledge of blockchain technology and understand the following:
- Transaction Irreversibility: Because the Platform utilizes public blockchain technology, all transactions initiated by you are final, non-refundable, and irreversible. Bonex cannot reverse, cancel, or modify any transaction once it has been broadcast to the network. It is your absolute responsibility to verify all transaction details (including recipient addresses and amounts) before confirming them in your Wallet.
- Network Dependencies and Fees: Bonex does not own or control the underlying blockchain networks (such as Ethereum or Polygon) on which the Protocol operates. Transactions on these networks require non-refundable network fees ("Gas Fees"), which are paid directly to the network participants (validators/miners), not to Bonex. We are not liable for any changes in network rules, congestion, or the outcomes of transactions on these external networks.
- Security of Private Keys: You are solely responsible for safeguarding your private keys, recovery phrases, and passwords. If you lose access to your Wallet credentials, you may permanently lose access to any associated assets. Bonex will have no liability for such loss, and we have no technical means to assist in fund recovery.
4.4 Acknowledgement of Information and Market Data
Any pricing information, market data, exchange rates, or visual representations of asset values displayed on the Site are provided solely for convenience and informational purposes.
- No Professional Advice: All content on the Information Site (including articles, news, and analytics) is provided "as is." None of the information on the Site constitutes financial, legal, investment, or tax advice. You should consult your own professional advisors before making any financial or legal decisions related to digital assets.
- Data Accuracy: Market data is often aggregated from third-party decentralized oracles or public blockchain data. Bonex does not guarantee its completeness or accuracy. The display of this information does not constitute an offer, a solicitation of an offer, or a recommendation by Bonex to enter into any transaction.
- No Fiduciary Duty: You expressly acknowledge that you are not relying on any information on the Site for any purpose. Bonex and its developers disclaim any liability for decisions made based on such information. Your relationship with the Company is strictly contractual, and we do not assume any fiduciary duty to you.
4.5 Modifications to the Site, Protocol, and Features
Bonex is an evolving peer-to-peer infrastructure. Consequently, the Company reserves the right to update, modify, add to, restrict, suspend, or discontinue (either temporarily or permanently) the Site, the Interface, the Protocol, or any specific Technology Feature at any time, with or without prior notice to you.
You expressly acknowledge that as a decentralized P2P platform, the availability of certain Features may be subject to factors beyond the Company's control, including blockchain network upgrades (forks), network congestion, or regulatory changes. You agree that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any Features, nor for any resulting loss of access, data, or digital assets.
4.6 Survival of Provisions
The termination of your access to the Site or the discontinuation of your use of the Protocol shall not affect the validity of certain provisions of these Terms. By their nature, the following sections shall survive any termination, expiration, or discontinuation of this Agreement:
- Section 6 (Intellectual Property Rights); Section 8 (Indemnification and Release); Section 9 (Disclaimers and Limitations of Liability); Section 11 (Governing Law and Dispute Resolution); Section 12 (General Provisions).
5. Your Responsibilities and Prohibited Conduct
5.1 Your Representations and Warranties
As a condition of accessing the Site and utilizing the Technology Features, you expressly represent and warrant to the Company the following:
- Legal Capacity and Authority: You are at least 18 years of age (or the age of legal majority in your jurisdiction) and possess the full legal right, power, and authority to enter into and comply with these Terms. If you are accessing the Site on behalf of a legal entity, you represent that you are duly authorized to bind such entity to this Agreement.
- Geographic Eligibility: You are NOT a Restricted Person, as defined in Section 3 of these Terms. You are not a citizen, resident, or located in the United States or any other jurisdiction subject to comprehensive sanctions. You further warrant that you will not use a Virtual Private Network ("VPN") or any other obfuscation tool to circumvent geographic restrictions or disguise your true location.
- Sophisticated User Status: You have a sufficient and sophisticated understanding of blockchain technology, cryptographic assets, and the technical complexities of peer-to-peer decentralized protocols. You acknowledge that you have adequate experience to evaluate the risks and merits of utilizing the Platform.
- Risk Acknowledgment: You understand that digital asset transactions and P2P swaps are inherently volatile and involve an extreme degree of risk. You acknowledge that participation in the Protocol could result in the loss of 100% of the value of any assets supplied. You agree that all transactions broadcast to the blockchain are final and irreversible, and that the Company has no ability to recover lost or stolen funds.
5.2 Prohibited Conduct
You agree that you will not engage in any of the following activities while accessing or using the Site, the Platform, or the Protocol:
- Violation of Laws: Using the Features for any purpose that violates applicable local, national, or international laws or regulations, including but not limited to anti-money laundering (AML), counter-terrorist financing (CTF), and economic sanctions (OFAC).
- Market Manipulation and Predatory Practices: Engaging in any activity designed to interfere with the integrity of the P2P infrastructure or to artificially influence the market price or liquidity of any digital asset. This includes, but is not limited to: wash trading, spoofing, layer-trading, front-running, or any form of coordinated activity intended to exploit other users of the Protocol.
- Protocol Exploitation: Attempting to exploit, interfere with, or bypass the logic of the Protocol's smart contracts. You are strictly prohibited from utilizing any software, bots, or automated scripts to interact with the Platform in a manner that bypasses rate limits or exploits smart contract vulnerabilities.
- Security Interference: Introducing any malware, viruses, or other harmful code to the Site or the Protocol. You shall not attempt to gain unauthorized access to our servers, perform reverse-engineering of the Interface, or engage in distributed denial-of-service (DDoS) attacks against the Bonex infrastructure.
- Data Harvesting: Using any robot, spider, crawler, or scraper to access the Site or Features for any purpose, including the extraction of pricing data or user information, without our express prior written consent.
5.3 Compliance and Verification
The Company, or its authorized third-party agents, reserves the right to request additional information from you at any time to verify your compliance with these Terms. This may include requesting Know-Your-Customer (KYC) data, evidence of your geographic location, or documentation regarding the source of funds.
You acknowledge that the Company may use third-party tools to monitor blockchain addresses for involvement in illicit activities or for compliance with sanctions. If you fail to provide the requested information promptly, or if the provided information is deemed inadequate, we reserve the right to immediately suspend or terminate your access to the Interface and blacklist your Wallet address from further interaction with the Platform.
5.4 Feedback and Intellectual Property License
We value community input and you may, from time to time, submit suggestions, comments, or improvements (collectively, "Feedback") regarding the Platform. By submitting Feedback, you acknowledge and agree that:
- License Grant: You grant to the Company an exclusive, royalty-free, perpetual, irrevocable, and sublicensable license to use, copy, modify, publish, and exploit such Feedback for any purpose (commercial or otherwise) without any compensation or attribution to you.
- No Obligation: The Company is under no obligation to implement or respond to any Feedback.
- Warranty of Ownership: You represent that you own the rights to the Feedback and that your submission does not violate the intellectual property rights of any third party.
6. Intellectual Property Rights
6.1 Ownership of Bonex IP
The Company (or, as applicable, its licensors) owns all right, title, and interest in and to the Site, the Interfaces, and the Technology Features, including all associated software, source code, object code, algorithms, user interfaces, designs, graphics, text, logos, trademarks, and the aggregate "look and feel" of the Platform (collectively, the "Bonex IP"). The Bonex IP is protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
6.2 Limited License Grant
Subject to your continuous compliance with these Terms, the Company hereby grants you a personal, limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to access and use the Site and the Interface solely for your own personal, non-commercial use in connection with the P2P Features provided. This license does not authorize you to:
- (i) modify, copy, or create derivative works based on the Bonex IP;
- (ii) rent, lease, distribute, or sub-license the Interface;
- (iii) circumvent or disable any security or technological features of the Platform.
6.3 Open Source Software
You acknowledge that certain components of the Protocol or the software utilized by the Interface may be provided under separate open-source licenses (e.g., MIT, Apache, or GPL). Your use of such components is governed by the terms of the applicable open-source license. In the event of a conflict between these Terms and an open-source license, the open-source license shall prevail specifically with respect to those software components.
6.4 User Content and License
Any content, information, or materials you submit, post, or display via the Interface (excluding personal data governed by our Privacy Policy) shall be considered "User Content." By providing User Content, you grant the Company a worldwide, royalty-free, sub-licensable, transferable, perpetual, irrevocable, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media or format.
7. Third-Party Services and Content
The Site and Interface may integrate with, or contain links to, third-party websites, applications, or services that are not owned or controlled by Bonex (e.g., cryptographic wallet providers, blockchain explorers, or decentralized oracles).
- No Control or Endorsement: You acknowledge that Bonex has no control over the content, privacy policies, or practices of any third-party services. The inclusion of any link or integration does not imply endorsement by the Company.
- Assumption of Risk: Your interaction with any third-party service, including the functioning of your Wallet, is conducted solely at your own risk. The Company shall not be liable for any loss or damage arising from your use of third-party services or for any acts or omissions of such third parties. We strongly recommend that you review the terms and conditions and privacy policies of any third-party service you access.
8. Indemnification and Release
8.1 Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, agents, and representatives (collectively, the "Bonex Parties") from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees and court costs) arising out of or relating to:
- (a) your access to and use of the Site, the Interface, or the Protocol;
- (b) your violation or alleged violation of these Terms or any applicable law or regulation;
- (c) your breach of any representation, warranty, or covenant made by you in this Agreement;
- (d) your violation of any third-party right, including but not limited to any intellectual property, privacy, or proprietary right;
- (e) any User Content you provide via the Interface.
8.2 Defense of Claims
In the event of a claim covered by this Section, the Company reserves the right to assume the exclusive defense and control of the matter, and you agree to cooperate fully with the Company in asserting any available defenses. You shall not settle any claim without the prior written consent of the Company. You agree to reimburse the Bonex Parties for any legal fees and expenses incurred in connection with the defense of any such claim as they are incurred.
8.3 Release of Claims
By using the Interface, you expressly and irrevocably release the Bonex Parties from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and any other user of the P2P Protocol or any third-party service. You waive any protection that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
9. Disclaimers of Warranties
9.1 "As Is" and "As Available" Basis
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SITE, THE INTERFACE, THE PLATFORM, AND ALL TECHNOLOGY FEATURES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BONEX FINANCE (THE "COMPANY") EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE INTERFACE AND THE PROTOCOL.
THIS INCLUDES, BUT IS NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE INTERFACE OR THE FEATURES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SOFTWARE OR THE PROTOCOL WILL BE CORRECTED.
9.2 No Responsibility for P2P Interactions and Data
THE COMPANY DOES NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT, MARKET DATA, PRICING INFORMATION, OR ANALYTICS DISPLAYED ON THE INTERFACE. AS A PEER-TO-PEER (P2P) FACILITATOR, THE COMPANY:
- (A) DOES NOT GUARANTEE THE PERFORMANCE OR OUTCOME OF ANY SMART CONTRACT DEPLOYED ON THE BLOCKCHAIN;
- (B) HAS NO CONTROL OVER, AND MAKES NO WARRANTIES REGARDING, THE ACTIONS OR OMISSIONS OF ANY THIRD-PARTY BLOCKCHAIN NETWORK, VALIDATORS, OR MINERS;
- (C) IS NOT RESPONSIBLE FOR ANY LOSSES RESULTING FROM NETWORK CONGESTION, FORKS, MALFUNCTIONS, OR DOWNTIME OF THE UNDERLYING BLOCKCHAIN INFRASTRUCTURE.
YOUR USE OF THE INTERFACE AND ANY INTERACTION WITH THE PROTOCOL IS CONDUCTED AT YOUR SOLE DISCRETION AND RISK. YOU ARE ALONE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE OR ANY RELATED TECHNOLOGY.
10. Limitation of Liability
10.1 Exclusion of Certain Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS (THE "BONEX PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THIS EXCLUSION INCLUDES, WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF DATA, OR LOSS OF DIGITAL ASSETS, WHETHER INCURRED DIRECTLY OR INDIRECTLY.
THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) AND REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH:
- (I) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE INTERFACE OR THE FEATURES;
- (II) ANY DELAY, FAILURE, OR INTERRUPTION IN THE EXECUTION OF P2P SWAPS OR TRANSACTIONS VIA THE PROTOCOL;
- (III) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR WALLET, DATA, OR TRANSMISSIONS;
- (IV) ANY CHANGE IN THE VALUE, LIQUIDITY, OR LEGAL STATUS OF ANY DIGITAL ASSET;
- (V) ANY ERRORS, VULNERABILITIES, OR EXPLOITS IN THE SMART CONTRACT CODE OR THIRD-PARTY SERVICES.
10.2 Maximum Aggregate Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE TOTAL AGGREGATE LIABILITY OF THE BONEX PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE INTERFACE SHALL NOT EXCEED THE LESSER OF:
- (A) THE TOTAL AMOUNT OF DIRECT DAMAGES PROVED BY YOU; OR
- (B) ONE HUNDRED U.S. DOLLARS (USD $100.00).
THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT. YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY, AND THAT THE INTERFACE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
10.3 Exceptions
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES. NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT, OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY THE COMPANY.
11. Governing Law and Dispute Resolution
11.1 Governing Law
These Terms, and any dispute, claim, or controversy arising out of or relating to these Terms, the Site, the Interface, or the Protocol (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the laws of the Republic of Panama, without regard to conflict of law principles that would result in the application of the laws of any other jurisdiction.
11.2 Informal Dispute Resolution; Condition Precedent
Before initiating any formal legal proceeding, arbitration, or claim, you and the Company agree to first attempt to resolve the dispute informally and in good faith.
- Notice of Dispute: The party raising the claim must send a detailed written notice ("Notice of Dispute") to the other party. Your notice to the Company must be sent via email to support@bonex.fi with the subject line "LEGAL: NOTICE OF DISPUTE."
- Required Content: The Notice of Dispute must include: (i) your full name and contact information; (ii) the cryptographic wallet address used to interact with the Protocol; (iii) a detailed description of the nature and basis of the claim; and (iv) the specific relief sought.
- Tolling Period: Following the receipt of a Notice of Dispute, the parties shall have a period of sixty (60) days (the "Informal Resolution Period") to attempt to reach an amicable settlement. During this period, all applicable statutes of limitations shall be tolled. Completion of this informal process is a condition precedent to initiating arbitration.
11.3 Binding Arbitration Agreement
Except as otherwise provided in Section 11.7, any dispute, controversy, or claim arising out of or relating to these Terms, including the formation, validity, interpretation, breach, or termination thereof, or the use of the P2P Interface, shall be settled by binding arbitration administered by the International Chamber of Commerce (ICC) in accordance with the ICC Rules of Arbitration then in effect.
- Arbitrator: The arbitration shall be conducted by one (1) neutral arbitrator, appointed in accordance with the ICC Rules. The arbitrator must have experience in decentralized finance, blockchain technology, and cryptographic assets.
- Seat and Language: The seat, or legal place, of arbitration shall be Panama City, Panama. The language of the arbitration proceedings shall be English.
- Authority of Arbitrator: The arbitrator shall have exclusive authority to decide all issues regarding the enforceability, interpretation, and scope of this arbitration agreement, including any "gateway" questions of arbitrability and any claim that these Terms are unconscionable or illusory.
- Finality: The arbitral award shall be final and binding upon the parties. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
11.4 Class Action and Jury Trial Waiver
YOU AND THE COMPANY AGREE THAT ANY ARBITRATION OR LEGAL PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN THE COMPANY AND YOU INDIVIDUALLY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- (A) NO ARBITRATION OR PROCEEDING SHALL BE JOINED WITH ANY OTHER;
- (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR RESOLVED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS-ACTION PROCEDURES;
- (C) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.
YOU EXPRESSLY WAIVE YOUR RIGHT TO A TRIAL BY JURY AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT AGAINST THE COMPANY.
11.5 Arbitration Costs and Fees
Each party shall bear its own costs and attorneys' fees in connection with the arbitration. However, the Company will be responsible for paying the ICC administrative filing fees, unless the arbitrator determines that your claim was frivolous or brought for an improper purpose, in which case the arbitrator may reallocate the fees in accordance with ICC Rules.
11.6 Right to Opt-Out
You have the right to opt-out of this binding arbitration agreement and class action waiver. To do so, you must send a written notice of your decision to opt-out to support@bonex.fi within thirty (30) days of the date you first accessed the Site or connected your Wallet to the Interface. Your opt-out notice must include your name, wallet address, and a clear statement that you wish to opt-out of the arbitration provisions in these Terms. If you do not opt-out within this 30-day window, you shall be bound by the terms of this Section 11.
11.7 Injunctive and Provisional Relief
Notwithstanding the agreement to arbitrate, the Company reserves the right to seek urgent injunctive or other equitable relief in any court of competent jurisdiction to: (i) protect its intellectual property rights; (ii) prevent unauthorized access to the Interface; or (iii) stop any prohibited conduct or market manipulation that threatens the integrity of the P2P infrastructure. The seek of such provisional remedies shall not be deemed a waiver of the right to arbitrate the underlying dispute.
12. General Provisions
12.1 Entire Agreement and Merger
These Terms, together with the Privacy Policy and any other legal notices or additional policies published by the Company on the Site, constitute the entire, full, and exclusive agreement between you and Bonex Finance regarding your use of the Site, the Interface, and the Technology Features. This Agreement supersedes and replaces all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the subject matter hereof.
12.2 Assignment and Transferability
The Company may assign, transfer, or delegate its rights and obligations under these Terms, in whole or in part, to any individual or entity at any time and without restriction, including in connection with a merger, acquisition, or sale of assets, or by operation of law. You, however, may not assign, sublicense, or otherwise transfer your rights or obligations under these Terms without the prior express written consent of the Company. Any attempted assignment or transfer in violation of this Section shall be null and void ab initio.
12.3 No Waiver of Rights
The failure of the Company to exercise or enforce any right, power, or provision of these Terms at any time shall not operate or be construed as a present or future waiver of such right or provision, nor shall it limit the Company's right to enforce such provision at a later time. All waivers by the Company must be contained in a written instrument signed by an authorized representative of the Company to be legally effective.
12.4 Severability of Provisions
If any provision of these Terms is held by a court of competent jurisdiction or an authorized arbitrator to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of the Terms will continue in full force and effect.
12.5 Relationship of the Parties
Nothing in these Terms is intended to, or shall be deemed to, establish any partnership, joint venture, agency, fiduciary, or employment relationship between you and the Company. You acknowledge that you are acting as an independent user of a peer-to-peer (P2P) infrastructure and that the Company does not have any authority to act for or bind you in any manner.
12.6 Cumulative Remedies
The rights and remedies provided to the Company under these Terms are cumulative and are in addition to, and not in lieu of, any other rights or remedies available to the Company under applicable law, in equity, or otherwise. No single or partial exercise of any right or remedy shall preclude any other or further exercise thereof.
12.7 Electronic Communications and Consent
By using the Interface, you consent to receive all communications, agreements, notices, and disclosures (collectively, "Communications") from the Company electronically. We may provide Communications to you by posting them on the Site or by sending them to any email address you provide. You agree that all electronic Communications satisfy any legal requirement that such communications be in writing.
12.8 Governing Language
In the event that these Terms are translated into any language other than English, the English language version shall prevail and govern in all respects regarding the interpretation and enforcement of the Agreement. Any translation is provided solely for your convenience.
12.9 Interpretation and Headings
The section headings used in these Terms are included for convenience of reference only and shall not affect the interpretation or construction of any provision hereof. As used in these Terms, the word "including" means "including but not limited to."
12.10 Contact Information
If you have any questions, complaints, or legal inquiries regarding these Terms or the Platform, please contact the Company at: support@bonex.fi