1. GENERAL

1. We reserve the right to amend, modify, change or revise this Agreement at any time, in our sole and absolute discretion and without prior notice. Any such changes in respect of your use of the Services will take effect when posted on the ByBarter Website and not retroactively. If you do not agree to the terms of the revised Agreement, your sole and exclusive remedy is to promptly terminate your use of the Services.
2. It is your responsibility to read the Agreement carefully and periodically review this Agreement as posted on the ByBarter Website. Your continued use of the Services shall signify your acceptance to be bound by the then-current Agreement.
3. Failure or delay by ByBarter in enforcing or partially enforcing any provision of the Agreement shall not be construed as a waiver of any of our rights or remedies.

2. ACCOUNT & REGISTRATION

1. In order to use the Services, you will need to own a self-custody web3 wallet which grants you access to our services. ByBarter shall not store any personal details including your name, address and other personal information. You hereby accept and acknowledge that you: (a) are of legal age in your respective jurisdiction to agree to this Agreement; and (b) have not previously been suspended or removed from using our Services.(c) You are solely responsible for ensuring you declare and pay taxes from profits made as per the regulations of your jurisdiction of residence or nationality. (d) You shall use our service in line with all anti-money laundering regulations
2. By using your account, you agree and represent that you will use our Services for yourself and you may not use your account to act as an intermediary or broker for any other third party, person or entity.
3. To use our Services you may need to fulfill certain legal obligations in your country and/or state of residence. By accepting these terms in this Agreement, you confirm that you have reviewed your local laws and regulations and that you are aware of, and fulfill, any and all such obligations.

3. PRIVACY POLICY & SECURITY

1. We endeavor to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data you disclose online. You accept the inherent security risks of providing information and dealing online over the Internet and will not hold us responsible for any breach of security unless this is due to our negligence.

4. NO WARRANTY, LIMITATION OF LIABILITY & ASSUMPTION OF RISK

1. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BYBARTER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. BYBARTER DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE WEBSITE, ANY PART OF THE SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. BYBARTER IS NOT LIABLE FOR ANY DISRUPTION OR LOSS A USER MAY SUFFER. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF THE SERVICES AND WEBSITE. WITHOUT LIMITING THE FOREGOING, YOU HEREBY ACKNOWLEDGE AND ACCEPT THE VARIOUS RISKS INHERENT TO USING DIGITAL CURRENCY INCLUDING BUT NOT LIMITED TO HARDWARE FAILURE, SOFTWARE ISSUES, INTERNET CONNECTION FAILURE, MALICIOUS SOFTWARE,THIRD PARTY INTERFERENCE LEADING TO LOSS OR LACK OF ACCESS TO YOUR ACCOUNT OR WALLET AND OTHER USER DATA, SERVER FAILURE OR DATA LOSS. YOU ACCEPT AND ACKNOWLEDGE THAT BYBARTER WILL NOT BE RESPONSIBLE FOR ANY COMMUNICATION FAILURES, DISRUPTIONS, ERRORS, DISTORTIONS OR DELAYS YOU MAY EXPERIENCE WHEN USING THE SERVICES, HOWEVER CAUSED.
2. IN NO EVENT SHALL BYBARTER, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ADVISORS, CONSULTANTS OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT GREATER THAN THE VALUE OF TOTAL FEES PAID BY YOU FOR THE SERVICE THAT IS SUBJECT OF THE CAUSE OF ACTION IN THE TWELVE (12) MONTHS PRIOR TO THE LOSS ARISING OR (B) FOR ANY LOST PROFITS, DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY, ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF DATA OR ANY OTHER INTANGIBLE PROPERTY OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SITE OR THE SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BYBARTER HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF BYBARTER’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
3. We do not own or control the underlying software protocols which govern the operation of Digital Assets. Generally, the underlying protocols are open source, and anyone can use, copy, modify, and distribute them. We assume no responsibility for the operation of the underlying protocols and we are not able to guarantee the functionality or security of network operations. In particular, the underlying protocols may be subject to sudden changes in operating rules (including “forks”). Any such material operating changes may materially affect the availability, value, functionality, and/or the name of such digital currency. ByBarter does not control the timing and features of these material operating changes. It is your responsibility to make yourself aware of upcoming operating changes and you must carefully consider publicly available information and information that may be provided by ByBarter in determining whether to continue to use the Services. In the event of any such operational change, ByBarter reserves the right to take such steps as may be necessary to protect the security and safe operation of its platform, including temporarily suspending operations for the involved digital currency(ies), and other necessary steps. ByBarter will use its reasonable efforts to provide you notice of its response to any material operating change; however, such changes are outside of our control and may occur without notice to ByBarter. Our response to any material operating change is subject to our sole discretion and includes deciding not to support any new fork or other actions. You acknowledge and accept the risks of operating changes to Digital Assets’ protocols and agree that ByBarter is not responsible for such operating changes and not liable for any loss of value you may experience as a result of such changes in operating rules. You acknowledge and accept that ByBarter has sole discretion to determine its response to any operating change and that we have no responsibility to assist you with unsupported currencies or protocols.
4. In using our Services, you may view content or utilize Services provided by third parties, including hyperlinks to third-party websites and services of such parties (“3rd party content”). We do not endorse, adopt or control any 3rd party content and will have no responsibility or liability for such 3rd party content whatsoever. In addition, your dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings and you understand that your use of 3rd party content, and your interactions with third parties, is solely at your own risk.
5. For the avoidance of doubt, ByBarter does not provide investment, tax or legal advice. ByBarter is not registered with the U.S. Securities and Exchange Commission and does not offer securities services or investment advice. All transactions through our Marketplace are conducted on a peer-to-peer basis between the Seller and Buyer and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation. From time to time, we may provide educational information about our platform and products, in order to assist users in learning more about our Services. Information may include, but is not limited to, blog posts, articles, links to 3rd party content, news feeds, tutorials, and videos. The information provided on the Website or any third-party sites does not constitute investment advice, financial advice, trading advice, or any other sort of advice, and you should not treat any of the Website’s content as such. Before making the decision to buy, sell or hold any Digital Assets, you should conduct your own due diligence and consult your financial advisors before making any investment decision. ByBarter will not be held responsible for the decisions you make to buy, sell, or hold Digital Assets based on the information provided by ByBarter.
6. You agree that we are not liable for any price fluctuations in Digital Assets. In the event of market disruption or a Force Majeure event , we may do one or more of the following: (a) suspend access to the Services; or (b) prevent you from completing any actions via the Services. We will not be liable for any losses suffered by you resulting from such actions. Following any such event, when Services resume, you acknowledge that prevailing market rates may differ significantly from the rates available prior to such event.
7. We make no warranty that the Website, or the server that makes it available, are free of viruses or errors, that its content is accurate, that it will be uninterrupted, or that defects will be corrected. We will not be responsible or liable to you for any loss of any kind, from action taken, or taken in reliance on material, or information, contained on the Website.

5. RELEASE OF BYBARTER & INDEMNITY

1. If you have a dispute with one or more users of our Services, you release ByBarter, its affiliates and service providers, and each of its or their respective officers, directors, employees, agents and representatives, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. You agree to indemnify and hold ByBarter, its affiliates and each of its or their respective officers, directors, employees, agents and representatives, harmless from any claim or demand (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.

6. TRANSACTIONS ON BYBARTER’S MARKETPLACE

The Website allows users to solicit offers to buy or sell Digital Assets.

When a user initiates a transaction for the purchase or sale of Digital Assets, the transaction is consummated pursuant to this Agreement and to the additional terms, if any, detailed by the user or the user’s counterparty. A step-by-step guide on buying and selling Digital Assets on the ByBarter Marketplace can be found on our website

1. Buying Digital Assets via soliciting an offer.

   When purchasing Digital Assets on the ByBarter Marketplace:

   1. There are fees for ByBarter Escrow as part of a transaction that are payable by Buyers on our Marketplace.
   2. Offers from ByBarter counterparties have their own terms and conditions and each offer will vary in exchange rate, speed of exchange, and other terms and conditions imposed by a Seller. By accepting a Seller’s offer you agree to be bound by the terms and conditions of that offer. The terms and conditions specified by the Seller are valid in all cases except when they contradict or violate this Agreement, are illegal, are unreasonable or otherwise difficult to comply with (as determined in ByBarter’s sole and absolute discretion), or if both users of the transaction consent to alter the terms and conditions of such offer. IT IS YOUR RESPONSIBILITY TO CAREFULLY READ THE SELLER’S OFFER TERMS AND CONDITIONS AND FOLLOW THEM EXACTLY. IF YOU DO NOT FOLLOW THE OFFER TERMS AND CONDITIONS, YOUR PAYMENT WILL NOT BE ACCEPTED. NEVER SUBMIT PAYMENT UNLESS YOU HAVE FOLLOWED ALL TERMS AND CONDITIONS LISTED IN THE OFFER. IF YOU SUBMIT PAYMENT WITHOUT FOLLOWING THE TERMS AND CONDITIONS, BYBARTER CANNOT ASSIST YOU IN A DISPUTE PROCESS TO RECOVER YOUR PAYMENT.
   3. Payment verification and providing instruction to unlock Digital Assets from ByBarter Escrow are the sole obligations of the Seller and not that of ByBarter. If the Seller does not release the Digital Assets to you upon proper completion of the Seller’s terms and conditions, promptly report the issue via the designated dispute button within the particular transaction chat. ByBarter support will review and settle the dispute. This dispute resolution process is further described below in “Section- Disputing Transactions Via ByBarter’s Dispute Resolution Process.” If you do not follow this dispute resolution process, ByBarter will be unable to assist you with this matter.
2. Selling Digital Assets

   When selling Digital Assets on the ByBarter Marketplace:

   1. Sellers must verify and process the payment in a reasonable amount of time, and within a certain amount of time as specified in the offer terms. Once the Buyer has submitted payment to you in accordance with the offer terms, it is your sole duty and responsibility to promptly verify and process the payment and then unlock the Digital Assets from ByBarter Escrow and release it to the Buyer. If you do not follow the instructions on the offer, you may not be entitled to a return of your locked Digital Assets.
   2. As a Seller you accept all risks and liabilities for any violation of this Agreement incurred through the sale of Digital Assets. All taxes to be paid are your responsibility. ByBarter charges a fee to you as the Seller of Digital Assets for locking Digital Assets in ByBarter Escrow subject to a sale. Unless determined otherwise in ByBarter’s sole and absolute discretion, ByBarter shall not reimburse any losses to the Seller whether due to a violation of this Agreement, fraud or otherwise and our fee will not be refunded under any circumstances.
   3. Any payment received should be fully processed and confirmed as received by you before unlocking the Digital Assets from ByBarter Escrow. ByBarter is not responsible for your loss if you prematurely unlock Digital Assets before payment has been properly verified and received by you. You must be attentive and responsive to your Buyer. You should deactivate any inactive offers.
   4. Any advertisement of your own website in any section of ByBarter’s Marketplace (such as your bio, offer terms or transaction chat) that would facilitate buying or selling Digital Assets outside of ByBarter’s Services is strictly prohibited. In limited instances, it is permissible to share your website that is created solely for the Seller to receive payment in order to complete the transaction (i.e. trusted third party debit/credit card processing) in the transaction instructions; provided that the use of such external websites are made clear in the offer terms and such websites may not contain any other advertisements or your contact information.
3. Compliance
   1. ByBarter and the Services are not affiliated or associated with, nor endorsed or sponsored by any third party, including but not limited to any gift card issuer. Designated trademarks, brands, and other identifiers are solely the property of their respective owners. ByBarter and its Services are not endorsed, sponsored,associated or affiliated in any way by or with such owners.
   2. ByBarter is not a licensed gift card vendor or authorized dealer of any gift card issuer. Any gift cards you receive directly from a user using the ByBarter Marketplace are subject to the terms and conditions of the third-party merchant with whom it is redeemable (“Issuer”). ByBarter is not responsible for the acts or omissions of any Issuer(s), or any fees, expiration dates, penalties or terms and conditions associated with the Issuer’s gift card received using the ByBarter Marketplace. By receiving the gift card from a user, you acknowledge that you have read the gift card’s terms and conditions, and represent to ByBarter that you are eligible to use such gift cards under the gift card Issuer’s terms and conditions, or under applicable law.
   3. BROKERING OR RESELLING OF GIFT CARDS IS STRICTLY PROHIBITED ON OUR WEBSITE AND MARKETPLACE. YOU MUST BE THE RIGHTFUL OWNER OF THE GIFT CARD AND AT BYBARTER’S REQUEST YOU AGREE TO PROVIDE BYBARTER WITH VALID PROOF OF OWNERSHIP OF YOUR GIFT CARD (SUCH AS A RECEIPT). BYBARTER MAKES NO CLAIM, REPRESENTATION OR GUARANTEE THAT ANY THIRD-PARTY PAYMENT METHODS ON THE WEBSITE PERMIT TRANSACTIONS VIA BYBARTER’S SERVICE, OR THAT ANY THIRD-PARTY PAYMENT METHODS ON OUR WEBSITE SUPPORT OR ARE SUPPORTED BY OUR SERVICES. YOU SHOULD NOT USE SUCH THIRD-PARTY PAYMENT METHODS WITH BYBARTER IF SUCH THIRD-PARTY DOES NOT PERMIT IT
   4. YOU ARE WHOLLY RESPONSIBLE TO COMPLY WITH ALL LAWS AND REGULATIONS FOR THE JURISDICTION(S) IN WHICH YOUR TRANSACTION TAKES PLACE.
   5. All transactions must take place within ByBarter. Taking transactions outside the ByBarter platform or exchanging external contact details are strictly prohibited.
4. No Guarantee. ByBarter does not guarantee that you will be able to sell Digital Assets on its Marketplace. The act of buying or selling Digital Assets via ByBarter’s Marketplace does not guarantee that you will be able to buy or sell Digital Assets via the Marketplace at a later time.
5. Relationship. Nothing in this Agreement is intended to nor shall create any partnership, joint venture, agency, consultancy or trusteeship, you and ByBarter being with respect to one another independent contractors.
6. Accuracy of Information. You represent and warrant that any information you provide via the Services is accurate and complete. You accept and acknowledge that ByBarter is not responsible for any errors or omissions that you make in connection with any transaction initiated via the Services, for instance, if you mistype a Wallet address or otherwise provide incorrect information. We strongly encourage you to review your transaction details carefully before completing them via the Services.
7. No Cancellations or Modifications; Wallet Activities. Once transaction details have been submitted to the digital currency network via the Services, ByBarter cannot assist you with canceling or otherwise modifying your transaction. ByBarter has no control over any digital currency network and does not have the ability to facilitate any cancellation or modification requests. ByBarter does not store or custody any locked Digital Assets. Digital Assets are always recorded on their respective networks or blockchains. All digital currencytransactions occur within the digital currency network, not on ByBarter. There are no guarantees that the transaction will process on the digital currency network. You hereby accept and acknowledge that you take full responsibility for all activities that occur under your Wallet and accept all risks of any authorized or unauthorized access to your Wallet, to the maximum extent permitted by law.
8. Taxes. It is your responsibility to determine what, if any, taxes apply to the transactions for which you have submitted transaction details via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that ByBarter is not responsible for determining whether taxes apply to your digital currency transactions or for collecting, reporting, withholding or remitting any taxes arising from any digital currency transactions.
9. User Reputation. When you engage in a Transaction, we allow other users to provide feedback on their interaction with you. We also permit users to file reports if the users believe you have violated this Agreement in any way. These reports are confidential, but we may use them in connection with a dispute.
10. Transaction History. You may view your transaction history through your Account. You agree that the failure of the Services to provide such confirmation shall not prejudice or invalidate the terms of such transaction.
11. Returns, Refunds. When you purchase a good or service from a third party using your Account, it is final. We do not process refunds or returns. An Authorized Merchant may offer you a return, store credit or a gift card in its sole discretion and in accordance with its policies.
12. ByBarter charges fees for Services, applicable fees will be displayed prior to you using any Service to which a fee applies.. Our fees are subject to change and ByBarter reserves the right to adjust its pricing and fees and at any time.

7. DISPUTING TRANSACTIONS VIA BYBARTER’S DISPUTE RESOLUTION PROCESS

1. Disputing Transactions. In most cases, the easiest way to settle a dispute is for Buyers and Sellers to communicate, work together to figure out what happened, and come to an agreeable solution. When a Buyer and a Seller cannot come to an agreeable solution, ByBarter’s support team (“ByBarter Support”) can help. Either party can initiate the dispute resolution process (“disputed transaction” or “dispute”) with respect to a transaction. Disputes can only be initiated on transactions that are marked as fully paid by the Buyer. Transactions that are not marked as fully paid by the Buyer, cancelled by the Buyer, automatically cancelled due to expiration of the timeframe set forth in the offer, already disputed and resolved or where the Seller has released the Digital Assets to the Buyer generally cannot be disputed, reversed, or altered.
2. Dispute Resolution Process. Below are the steps ByBarter Support takes in the event of a dispute.
   1. Initiation

      You can initiate a dispute by logging into your ByBarter Account, opening the transaction you would like to dispute and selecting the “dispute” button. The “dispute” button will only appear active if the transaction has been marked as fully paid by the Buyer. Once you initiate a dispute, you will select the type of dispute from the options presented and describe the issue giving rise to your dispute.

      The options presented for describing your dispute if you are a Seller are as follows:

      • Coinlocker (i.e. an unresponsive Buyer) – the Buyer has marked the transaction as fully paid, but is unresponsive and inactive.
      • Payment issue – the Buyer is active and has attempted to pay, but there are issues with the payment.
      • Other – an open option where you can describe what issue gave rise to the dispute. The Buyer will be able to view your description.

      The options presented for describing your dispute if you are a Buyer are as follows:

      • Unresponsive vendor – you have paid, but the Seller is unresponsive and inactive.
      • Payment issue – you have made the payment, but the Seller claims there are issues with the payment and refuses to release the Digital Assets.
      • Other – an open option where you can describe what issue gave rise to the dispute. The Seller will be able to view your description.
   2. Notification

      Once a dispute has been submitted, ByBarter Support will provide the other party with notification by sending a message through the transaction chat feature available to Buyers and Sellers in the Marketplace alerting such party that a dispute has been initiated. If one of your transactions is being disputed, ByBarter Support will tell you which transaction is being disputed and why the transaction is being disputed.

   3. Response

      Review the dispute and provide ByBarter Support with an explanation of what happened. Include any evidence you have to support your explanation, such as proof of payment, proof of ownership or proof that you have or have not received payment.

   4. ByBarter Review

      Disputed transactions will be investigated by ByBarter Support and a decision will be made based upon evidence provided by both parties. ByBarter Support resolves disputes by evaluating various factors.

3. Dispute Review. During a dispute review, ByBarter Support may give you instructions that you are required to follow. The instructions given to you may require you to provide additional evidence, such as additional ID verification, proof of payment, any photo, audio, or video evidence, or any other documents deemed relevant by ByBarter and may require you to provide such evidence within a specified timeframe. Failure to follow the instructions may lead to the dispute being resolved against you. ByBarter Support will typically provide notice of its decision via the transaction chat feature in the Marketplace within 30 days of receiving the dispute, but under some circumstances, it may take longer.
4. Unresponsiveness. When you are involved in a transaction, it is important that you remain active and available from the time the transaction is started to the time that the transaction is completed, canceled, or resolved. This means that you must be able to provide a response to a request by ByBarter Support in a disputed transaction within the time specified by ByBarter Support or you may be deemed as unresponsive and the dispute may be resolved against you.
5. Chargebacks. A party may face additional risks depending on the payment method used for the transaction even if ByBarter’s dispute resolution process finds in favor of such party. The dispute resolution process set forth in this Agreement is separate from any remedies a Buyer or Seller may have through the payment method used in connection with a transaction. ByBarter is not obligated to initiate or handle chargebacks and is not liable if a party reverses, charges back, or otherwise disputes a transaction via an avenue made available to the party through the payment method used in the transaction, including after a dispute is closed.
6. Dispute Resolution.A disputed transaction is most commonly resolved by ByBarter Support moving the Digital Assets subject to the dispute to the Buyer or the Seller of the disputed transaction once the dispute resolution process is complete.

   Below are selected situations to provide you with insight as to how ByBarter may resolve a disputed transaction. This is not meant to be an exhaustive list. The resolution of any dispute will be impacted by the specific facts of the dispute and evidence provided by the users.

   ByBarter Support may resolve a dispute in the Buyer’s favor when at least one of the following criteria are met:

   • The Buyer has made payment according to the initial instructions provided by the Seller pursuant to the transaction offer and the Buyer has provided sufficient proof that the payment was made according to these instructions. It is a violation of this Agreement for a Seller to refuse to complete a transaction once the Buyer has satisfied all of the Seller’s terms and conditions as posted at the time the Buyer accepted and paid for the transaction.
   • The Seller has become unresponsive and has not provided a sufficient response within the timeframe requested by ByBarter Support.
   • The payment is made to a third party to the transaction or the payment is made to a payment account not registered in the name of the Seller.

   ByBarter Support may resolve a dispute in the Seller’s favor when one of the following criteria are met:

   • The Buyer has not provided payment, not provided payment in full or not provided payment according to the initial instructions provided by the Seller pursuant to the transaction offer.
   • The payment made by the Buyer has been held, suspended, frozen or stopped by the payment provider or processor. This includes situations in which the Buyer has charged back or disputed a payment via its bank or payment card issuer.
   • The Buyer has become unresponsive and has not provided a sufficient response within the timeframe requested ByBarter Support.
   • The payment is made by a third party to the transaction or the payment is made from a payment account not registered in the name of the Buyer.

   If the Buyer or the Seller of a disputed transaction provides fraudulent information or fraudulent documents or makes false claims or otherwise uses deceptive tactics, the dispute may be immediately resolved against such user and such user’s account may be immediately suspended or terminated at the sole discretion of ByBarter Support.

   In some situations where neither party fulfills the criteria, or it is in other ways unclear or not possible to determine which party has fulfilled the dispute resolution criteria in ByBarter’s sole and absolute discretion, ByBarter may decide to resolve the dispute by splitting the Digital Assets subject to the dispute between the Buyer and the Seller evenly or unevenly.

7. Appeal. If you believe ByBarter has resolved a dispute in a way which is not in accordance with this Agreement, you have a right to request an appeal. To request an appeal, you need to promptly notify us in writing by contacting ByBarter customer support no later than 10 calendar days after notice of ByBarter Support’s decision is delivered to you and provide us with sufficient details and evidence supporting your case for request. Your appeal should specifically identify how you believe ByBarter incorrectly resolved the dispute as per the terms of this Agreement and provide evidence of such incorrect decision.

   Please be reminded that whether during the dispute process or generally any time when using our Services, you are obligated to keep a civil tone and be respectful to other users and ByBarter Support.

8. Finality. You acknowledge and agree that ByBarter’s decision regarding a dispute is conclusive, final and binding as described in this Agreement. ByBarter will have no liability to either a Buyer or a Seller in connection with its decisions.

8. FEES FOR USING BYBARTER SERVICES

1. ByBarter charges fees for Services, applicable fees will be displayed prior to you using any Service to which a fee applies. See “ByBarter Fees” for further details. Our fees are subject to change and ByBarter reserves the right to adjust its pricing and fees and at any time.

9. NO RIGHT TO CANCEL SERVICES OR MINERS FEES

1. If you use a Service to which a charge applies, or you initiate a transaction with a miners fee via the Services, you will not be eligible for a refund or reimbursement once you have confirmed that you wish to proceed with the Service or transaction.

10.DISCONTINUANCE OF SERVICES

1. We may, in our sole discretion and without cost to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.

11. PROHIBITED USE

1. When accessing or using the Services, you agree that you will use the Services in accordance with the terms and conditions in this Agreement (including the Privacy Policy) and not commit any unlawful act, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:
   1. use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
   2. engage in any activity which could violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in the countries where we conduct business or operations, or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information;
   3. interfere with another user’s access to or use of any of our Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of other users; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information from our Website about other users;
   4. engage in any activity which operates to defraud, defame or otherwise cause any damage to ByBarter or our users; or provide any false, inaccurate, deceptive or misleading information to ByBarter or to another user in connection with our Services or as otherwise provided or requested pursuant to this Agreement;
   5. introduce to the Services any virus, Trojan, worms, logic bombs or other harmful material; use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data; attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access; or placement anywhere within ByBarter’s Marketplace of any advertisement or promotion that would facilitate buying or selling Digital Assets outside of ByBarter’s Services;
   6. engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, or other licensed materials without the appropriate authorization from the rights holder; use of ByBarter intellectual property, name, or logo, including use of ByBarter’s trade or service marks, without prior written consent from us or in a manner that otherwise harms ByBarter or the ByBarter brand; any action that implies an untrue endorsement by or affiliation with ByBarter; or develop any third-party applications that interact with our Services without our prior written consent; or
   7. encourage or induce any third party to engage in any of the activities prohibited under this Section

12. INTELLECTUAL PROPERTY RIGHTS

1. We grant you a limited, nonexclusive, nontransferable license, subject to the terms and conditions in this Agreement, to access and use the Services, Website, and related content, materials, information (collectively, the “Content”) solely for purposes approved by ByBarter from time to time. Any other use of the Website or Content is expressly prohibited and all other right, title, and interest in the Services, Website or Content is exclusively the property of ByBarter. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part without the prior written consent of ByBarter. You may not copy, imitate or use any of ByBarter’s trademarks, registered marks, logos or any of its intellectual property without ByBarter’s prior written consent.
2. Although we intend to provide accurate and timely information on the ByBarter Website, our Website (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and Services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the ByBarter Website are your sole responsibility and we shall have no liability for such decisions. Information provided by third parties is for informational purposes only and ByBarter makes no representations or warranties to its accuracy. Links to third-party materials (including without limitation, websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or Services contained in any third-party materials or on any third-party sites accessible or linked to the ByBarter Website.

13. FEEDBACK AND USER SUBMISSIONS

1. ByBarter is always seeking to improve its Services and the Website. If you have ideas or suggestions regarding improvements or additions to ByBarter’s Services or the Website, ByBarter would like to hear them; however, any submission will be subject to the terms and conditions in this Agreement.
2. Under no circumstances will any disclosure of any idea or feedback, or any related material to ByBarter or any of its subsidiaries, parents or affiliated companies, or any of their officers, directors, managers, members, shareholders, employees and agents, or any of their heirs, successors, representatives and assigns (each a “ByBarter Party” and collectively, the “ByBarter Parties”) be subject to any obligation of confidentiality or expectation of compensation.
3. By submitting an idea or feedback or any related material that would be subject to intellectual property rights (the “Work”) to ByBarter or any ByBarter Party, you grant to ByBarter, in respect of the Work submitted, a non-exclusive, perpetual, worldwide royalty free license to use all of the content of such ideas and feedback, for any purpose whatsoever. Further, you are waiving any moral rights to the fullest extent permitted under United States law that you may have in the Work and are representing and warranting to such ByBarter Party that the Work are wholly original with you, that no one else has any rights in the Work and that all ByBarter Parties are free of any royalty to implement the Work and to use the related material if so desired, as provided or as modified by any ByBarter Party, without obtaining permission or license from any third party.
4. You further accept that ByBarter may sub-license any of the ByBarter Parties to use in any way any Work and material you have submitted.
5. We have the right to remove any posting you may make to the Website, in our absolute discretion, without warning or reasons.

14. FORCE MAJEURE

1. We shall not be liable for delays, failure in performance or interruption of Service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, significant market volatility, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

15. NATURE OF AGREEMENT

1. This Agreement constitutes the entire agreement between you and ByBarter with respect to the subject matter of the terms and conditions in this Agreement and this Agreement cancels and supersedes any prior understandings and agreements between you and ByBarter as to that subject matter. You may not assign any of your rights or obligations under this Agreement without our prior written consent.