Terms of Service
Last Updated: January 2025
Important Notice
Please read these Terms of Service carefully before using the BIDA platform. By accessing or using our services, you agree to be bound by these terms. If you do not agree with any part of these terms, you must not use our platform.
1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and BIDA ("Company," "we," "us," or "our") governing your access to and use of the BIDA platform, website, and related services (collectively, the "Services").
By accessing or using the Services, you represent and warrant that you have the legal capacity to enter into these Terms and that you are at least 18 years of age or the age of majority in your jurisdiction.
2. Nature of Services and Token Utility
2.1 Platform Description
BIDA is a blockchain-based platform that facilitates the tokenization of real-world assets (RWAs) and provides compliant crowdfunding mechanisms. The platform enables fractional ownership, transparent on-chain trading, and community-driven asset participation.
2.2 $BIDA Token - Utility Only
The $BIDA token is a utility token designed exclusively for use within the BIDA ecosystem. It is NOT:
- A security, investment contract, or financial instrument
- A share, equity, or ownership interest in the Company
- A promise or guarantee of profits, returns, or appreciation
- Subject to securities laws or regulations
- An investment opportunity or speculative asset
2.3 Token Utility Functions
$BIDA tokens serve the following utility purposes only:
- Payment of transaction fees on the platform
- Access to platform features and services
- Participation in governance voting mechanisms
- Staking for platform verification privileges
- Rewards for affiliate and referral activities
3. Risk Disclosures and Disclaimers
3.1 No Investment Advice
NOTHING ON THIS PLATFORM CONSTITUTES INVESTMENT, FINANCIAL, LEGAL, OR TAX ADVICE. We do not provide recommendations regarding the purchase, sale, or holding of $BIDA tokens or any tokenized assets. You are solely responsible for conducting your own research and making your own decisions.
3.2 No Guarantees or Warranties
We make NO representations, warranties, or guarantees regarding:
- The value, price, or liquidity of $BIDA tokens
- The success or profitability of any tokenized asset
- The availability or functionality of the platform
- The accuracy or completeness of any information provided
- Future developments, upgrades, or features
3.3 Cryptocurrency Risks
You acknowledge and accept the following risks associated with blockchain technology and cryptocurrencies:
- Volatility: Token prices can fluctuate dramatically and unpredictably
- Loss of Access: Lost private keys result in permanent loss of tokens
- Regulatory Changes: Laws and regulations may change unfavorably
- Technical Risks: Smart contract bugs, hacks, or network failures
- Market Risks: Lack of liquidity, market manipulation, or exchange failures
- Total Loss: You may lose your entire investment
3.4 Compliant Crowdfunding - Not Gambling
BIDA's raffle-style crowdfunding mechanism is a compliant, asset-backed crowdfunding system and is NOT gambling, lottery, or games of chance. All raffles are backed by verified real-world assets and comply with applicable crowdfunding regulations. Participation is voluntary and subject to eligibility requirements.
4. User Responsibilities and Obligations
4.1 Eligibility
By using the Services, you represent and warrant that:
- You are at least 18 years old or the age of majority in your jurisdiction
- You have the legal capacity to enter into binding contracts
- You are not located in a restricted jurisdiction
- You are not subject to economic sanctions or prohibited parties lists
- Your use of the Services complies with all applicable laws
4.2 KYC/AML Compliance
You agree to complete all required Know Your Customer (KYC) and Anti-Money Laundering (AML) verification procedures. We reserve the right to:
- Request additional documentation or information
- Suspend or terminate accounts that fail verification
- Report suspicious activities to relevant authorities
- Refuse service to any user at our discretion
4.3 Prohibited Activities
You agree NOT to:
- Use the Services for illegal activities or money laundering
- Manipulate markets, prices, or trading volumes
- Create multiple accounts or use false identities
- Attempt to hack, disrupt, or compromise platform security
- Violate intellectual property rights
- Engage in fraudulent or deceptive practices
- Use automated systems (bots) without authorization
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
5.1 No Liability for Losses
THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AND AGENTS SHALL NOT BE LIABLE FOR ANY:
- Direct, indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or business opportunities
- Token price fluctuations or loss of token value
- Failed transactions or network congestion
- Smart contract vulnerabilities or exploits
- Third-party actions, including exchange failures or hacks
- Regulatory actions or changes in law
- User errors, including lost private keys or incorrect transfers
5.2 Services Provided "AS IS"
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
5.3 Maximum Liability Cap
IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU EXCEED THE AMOUNT OF FEES YOU PAID TO US IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED US DOLLARS ($100), WHICHEVER IS LESS.
6. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its directors, officers, employees, affiliates, agents, and partners from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
- Your use or misuse of the Services
- Your violation of these Terms
- Your violation of any applicable laws or regulations
- Your violation of any third-party rights
- Any content or information you submit to the platform
7. Dispute Resolution and Governing Law
7.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law provisions.
7.2 Arbitration Agreement
Any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of [Arbitration Body]. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding.
7.3 Class Action Waiver
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
8. Intellectual Property
All content, features, and functionality of the Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation thereof (collectively, "Content"), are the exclusive property of the Company or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Content without our prior written consent.
9. Termination
We reserve the right to suspend or terminate your access to the Services at any time, with or without cause, with or without notice, and without liability. Upon termination:
- Your right to use the Services immediately ceases
- You remain liable for all obligations incurred prior to termination
- Sections of these Terms that by their nature should survive termination shall survive
- We are not obligated to return any fees or tokens
10. Modifications to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the platform and updating the "Last Updated" date. Your continued use of the Services after such modifications constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Services.
11. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
12. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published on the platform, constitute the entire agreement between you and the Company regarding the Services and supersede all prior agreements, understandings, and communications, whether written or oral.
13. Contact Information
If you have any questions about these Terms, please contact us at:
Email: legal@bida.finance
Website: https://bida.finance
Final Acknowledgment
BY USING THE BIDA PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. YOU FURTHER ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK AND THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSSES YOU MAY INCUR.