Source: https://trybeaver.app/terms # Terms of Service Last updated: 15 September 2026 · Version 1.0 These Terms of Service (" Terms ") are a binding agreement between you and Freddy Made another one LLC , a New Mexico limited liability company with its registered address at 1209 Mountain Road Pl NE, Ste R, Albuquerque, NM 87110, United States (" Beaver ", " we ", " us ", " our "). They govern your access to and use of the TryBeaver web application, the TryBeaver iOS application, and any related interfaces, APIs, documentation and communications we provide (together, the " App " or the " Services "). Read these Terms carefully. By tapping "I agree", creating an account, connecting a wallet, linking a financial account, or otherwise using the App, you accept these Terms. If you do not agree, do not use the App. These Terms incorporate by reference our Risk Disclosure & Important Information and our Privacy Policy , each of which you should read in full. ## 1. Summary This summary is for convenience only. It is not a substitute for the Terms and does not change them. Where the summary and the Terms differ, the Terms govern. - Beaver is software . It watches the purchases you authorise us to see via third party open banking providers, calculates a round-up or a match, and helps you send a transaction from your own wallet to buy tokenized equities issued by third parties . - We are not a broker, dealer, exchange, investment adviser, bank, money transmitter, custodian or fiduciary. We do not hold your money, your tokens or your keys. - We do not recommend, solicit, endorse or advise on any asset. Nothing in the App is investment, legal, tax or accounting advice. - The wallet is self-custodial , created through Privy. You control it. If you lose access to it, we cannot recover it for you. - The tokenized equities are not shares . They are third-party issued tokens referencing the value of a security. They carry no voting rights and no claim against the referenced company. - The App is not available to U.S. Persons or UK Persons , or to persons in sanctioned or restricted jurisdictions. - You can lose everything you put in. ## 2. Definitions "Account": your registered profile in the App, identified by an email address or federated sign-in and a user handle (@tag). "App" : as defined above. "Beaver Wallet" or "Wallet" : the self-custodial blockchain wallet provisioned for you through the Privy embedded-wallet infrastructure, described in Section 6. "Connected Account" : a bank account, card, neobank account or other financial account that you authorise to be read by a Data Aggregator for the purpose of transaction detection. "Data Aggregator" : a licensed third-party account-information provider used to read transaction data from a Connected Account. "Match" : an instruction to allocate an amount equal to the full value of a Purchase (1:1) into a Pending roundup. "Pending Roundup" : an accrued, uninvested amount recorded in the App and designated for a particular Tokenized Equity, held in your self-custodial Wallet and not by us. "Prohibited Person" : as defined in Section 4.3. "Purchase" : a card or account transaction observed on a Connected Account. "Roundup" : the difference between the value of a Purchase and the next whole increment configured in the App (by default, the next US$10), or such other percentage or increment as you configure. "Sanctioned Person" : as defined in Section 4.2. "Blockchain" : the mainnet blockchain supported, such as Solana. "Tokenized Equity" : a blockchain token issued by a third-party issuer that is intended to reference the economic value of a listed security, commodity or index, including "xStocks" tokens issued by Backed Assets (JE) Limited and any other tokenized asset made technically accessible through the App. "Token Issuer" : the third party that issues, backs, custodies and redeems a Tokenized Equity. "Transaction Message" : an unsigned Blockchain transaction constructed by the App at your instruction, presented to you for review and signature in your self-custodial Wallet. "U.S. Person" and "UK Person" : as defined in Section 4.3. "You" : the individual natural persona using the App. If you use the App on behalf of an entity, "you" includes that entity, and you represent that you are authorised to bind it. ## 3. What Beaver is, and what it is not ### 3.1 What the App does The App provides software that: (a) reads Purchase data from Connected Accounts you have authorised, via a Data Aggregator; (b) calculates a Roundup or Match for each eligible Purchase, in accordance with the settings you choose; (c) accrues those amounts into Pending Roundups denominated in US dollars and funded by assets you hold in your self-custodial Wallet; (d) when a Pending Roundup reaches the applicable execution minimum and your Wallet is sufficiently funded, constructs a Transaction Message that, if you sign it, routes an order to a third-party venue or issuer to acquire a Tokenized Equity; (e) displays the resulting on-chain holdings, activity history and notifications; and (f) operates the optional rewards, referral and achievement features described in Section 12. ### 3.2 Legal Disclaimer We are not, and do not hold ourselves out as, any of the following: a broker-dealer; a securities dealer, salesperson or underwriter; an investment adviser, financial adviser or portfolio manager; an exchange, alternative trading system, multilateral trading facility or organised trading facility; a clearing agency, transfer agent or central securities depository; a bank, e-money institution, payment institution or money services business; a money transmitter; a custodian or trustee of your assets; or a fiduciary of any kind. We are not registered with, licensed by, authorised by or supervised by the U.S. Securities and Exchange Commission, the Financial Industry Regulatory Authority, the Commodity Futures Trading Commission, the New Mexico Regulation and Licensing Department, the UK Financial Conduct Authority, or any other financial regulator in any jurisdiction, and no such authority has reviewed, approved or endorsed the App or its contents. ### 3.3 No solicitation Nothing in the App, on our websites, in our notifications, in our marketing, or in any communication from us constitutes an offer, solicitation, invitation, inducement, recommendation, endorsement or advertisement to buy, sell, subscribe for, underwrite or deal in any security, tokenized security, derivative, commodity, digital asset or financial product, in any jurisdiction where such an offer or solicitation would be unlawful or would require a licence, registration, prospectus, authorisation or filing that we do not hold. The App is an execution and accounting tool operated at your instruction. Any decision to acquire, hold or dispose of any asset is yours alone. ### 3.4 No advice All content in the App : including tickers, names, logos, prices, charts, performance figures, category mappings, merchant-to-stock suggestions, aggregate statistics, notifications, achievements, progress indicators, and educational material; is provided for general information and convenience only. It is not investment advice, a personal recommendation, a suitability or appropriateness assessment, financial planning, tax advice, accounting advice or legal advice, and it does not take account of your objectives, financial situation, knowledge, experience or needs. Specifically, and without limiting the foregoing: (a) the App's merchant-and-category mapping (for example, associating a coffee purchase with a category, or presenting a list of assets "available for this category") is a convenience mapping only . It is not a recommendation that any asset is suitable for you, and it does not constitute investment advice; (b) the App does not, and will not, automatically select an asset for you on the basis of its performance; (c) any display of price, return, gain, loss or "your roundups in X are up Y% today" is a historical or contemporaneous data display, not a projection or a recommendation; and (d) you should obtain independent professional advice from a person licensed in your jurisdiction before making any financial decision. ### 3.5 No custody; no discretionary authority We never take custody, possession or control of your fiat currency, digital assets, Tokenized Equities, private keys, seed phrases or Wallet. We have no ability to move, freeze, seize, reverse or recover your assets, and no ability to transact on your behalf. Every on-chain transaction is signed by you, from your Wallet, and broadcast to the Blockchain/s by you or at your direction. We exercise no discretion over your assets at any time. ## 4. Eligibility ### 4.1 Basic eligibility You may use the App only if you: (a) are at least 18 years of age and have the legal capacity to enter into a binding contract; (b) are not a Sanctioned Person or a Prohibited Person; (c) are technologically and financially capable of understanding blockchain-based products and the risks described in Section 17 and in the Risk Disclosure; and (d) may lawfully use the App and acquire Tokenized Equities under the laws applicable to you. ### 4.2 Sanctioned Persons " Sanctions Authorities " means the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC"), the U.S. Department of State, the United Nations Security Council, the European Union and its member states, and HM Treasury's Office of Financial Sanctions Implementation, together with any successor or analogous authority. You are a " Sanctioned Person ", and must not use the App, if you: (a) are listed on, or owned or controlled 50% or more in aggregate by persons listed on, any list maintained by a Sanctions Authority, including OFAC's Specially Designated Nationals and Blocked Persons List; (b) are located in, ordinarily resident in, organised under the laws of, or acting on behalf of a person located in any comprehensively sanctioned or embargoed country, region or territory; or (c) are otherwise the target of Sanctions. Comprehensively restricted jurisdictions currently include, without limitation: Cuba, Iran, North Korea (DPRK), Syria, the Russian Federation, Belarus, Myanmar (Burma), and the Crimea, Sevastopol, Donetsk, Luhansk, Zaporizhzhia and Kherson regions of Ukraine. We may update this list at any time to reflect Sanctions in force. ### 4.3 Prohibited Persons : U.S. and UK The Tokenized Equities accessible through the App are issued by third parties that do not offer them to U.S. Persons or UK Persons. Those tokens have not been and will not be registered under the U.S. Securities Act of 1933, as amended, or with any securities regulatory authority of any state or other jurisdiction of the United States, and they are not promoted or offered to clients based in the United Kingdom. Accordingly, the App is not available to, and must not be used by, a Prohibited Person. You are a " Prohibited Person " if you are: (a) a " U.S. Person ", being: (i) any natural person who is a citizen of the United States or a U.S. lawful permanent resident; (ii) any entity organised, incorporated or otherwise established under the laws of the United States or of any state, territory or possession thereof; (iii) any person located in, or ordinarily resident in, the United States; (iv) a trust or estate established under the laws of the United States or any state, territory or possession thereof; or (v) any account held for the benefit of any of the foregoing; (b) a " UK Person ", being: (i) any natural person who is a British citizen or ordinarily resident in the United Kingdom; (ii) any entity organised, incorporated or otherwise established under the laws of the United Kingdom or any of its constituent jurisdictions; (iii) any person located in, or ordinarily resident in, the United Kingdom; or (iv) a trust or estate established under the laws of the United Kingdom; or (c) located in, resident in, or a citizen of any other jurisdiction we designate as restricted from time to time, as published in the App. For the avoidance of doubt: Freddy Made another one LLC is organised in New Mexico. Its jurisdiction of organisation does not make the App available to U.S. Persons, and nothing in these Terms should be read as an offering of any kind into the United States. ### 4.4 UK acknowledgement If and to the extent any part of the App is nonetheless accessed from the United Kingdom, you acknowledge that we are not authorised or regulated by the Financial Conduct Authority, that nothing on the App is intended to constitute a financial promotion or marketing to UK consumers, that UK consumer protections (including access to the Financial Ombudsman Service and the Financial Services Compensation Scheme) do not apply, and that you waive, to the maximum extent permitted by law, any protection afforded under FCA rules. ### 4.5 No circumvention You represent and warrant that you are not using, and will not use, a virtual private network (VPN), proxy, relay, falsified identity or residence information, nominee, or any other means to conceal your location, citizenship or status, or otherwise to circumvent the restrictions in this Section 4. Circumvention is a material breach of these Terms. ### 4.6 Continuing obligation The representations in this Section 4 are given on each occasion you access the App and on each occasion you instruct a transaction. If any of them ceases to be true, you must immediately stop using the App. ### 4.7 Our discretion We may restrict, suspend or terminate access to the App for any person, wallet address, device or jurisdiction, at any time, with or without notice, in our sole discretion, including on the basis of IP address, geolocation, device or browser signals, wallet-screening results, or suspicion of any breach of these Terms. We will not be liable for any loss arising from any such restriction, suspension or termination. ## 5. Your Account ### 5.1 Registration You create an Account by signing up with an email address or a supported federated identity provider (for example, Google or Apple), through Privy's authentication infrastructure, and choosing a user handle. You must provide accurate information and keep it current. ### 5.2 Handles Your handle is visible to other users in referral and social features. You must not select a handle that impersonates another person or organisation, infringes a trademark, or is unlawful, deceptive or offensive. We may reclaim, change or disable any handle at our discretion. ### 5.3 Security You are solely responsible for the security of your Account credentials, your email or identity-provider account, your devices, and your Wallet authentication factors. You must notify us promptly at the contact address in Section 24 if you suspect unauthorised access. We are not liable for losses arising from unauthorised use of your Account or Wallet. ### 5.4 One Account You may hold one Account unless we agree otherwise in writing. Creating multiple Accounts to obtain rewards, referrals or bonuses more than once is a breach of Section 12 and Section 15. ## 6. Wallet (self-custodial) ### 6.1 Provisioning When you sign up, a Solana wallet is provisioned for you using the embedded-wallet infrastructure operated by Privy (Privy, Inc.). The Wallet is self-custodial : the private key material is generated and secured such that it is controlled by you through your authentication factors, and is not held, escrowed or reconstructable by us. ### 6.2 We hold nothing We do not hold, and cannot access, your private key, seed material, key shares, recovery factors or assets. We cannot sign a transaction for you. We cannot move, freeze, reverse or recover assets in your Wallet. We do not hold customer balances, we do not operate an omnibus account, there is no "Beaver balance" held by us, and there is nothing to "withdraw" from us. Every figure the App displays as your balance is a representation of assets held on-chain in your own Wallet. ### 6.3 Privy is a third party Privy provides the Wallet infrastructure under its own terms of service and privacy policy, which apply to you directly and which you should read. We do not control Privy, do not guarantee its availability, security, key-recovery mechanics or continued operation, and are not responsible for any act or omission of Privy. If Privy's service degrades or ceases, your ability to access the Wallet through the App may be impaired. ### 6.4 Loss of access is permanent If you lose access to your authentication factors, recovery factors and any key material you have exported, you may permanently and irrecoverably lose access to your Wallet and everything in it. We cannot help you. There is no password reset for a blockchain. You are solely responsible for maintaining your own backups and recovery arrangements in accordance with the instructions Privy provides. ### 6.5 Export and external use Where the Wallet infrastructure permits you to export key material or connect the Wallet to third-party applications, you do so entirely at your own risk and outside the App. We disclaim all responsibility for anything you do with your Wallet outside the App. ### 6.6 Irreversibility Blockchain transactions are final. Once a transaction is confirmed on Solana or any of the Blockchains supported, it cannot be reversed, cancelled, charged back or amended by you, by us, or by anyone. We cannot recover assets sent to a wrong address, lost to a phishing site or malicious signature request, or lost through a compromised device, browser extension or authentication factor. Review every transaction before you sign it. ## 7. Connected Accounts and transaction detection ### 7.1 Authorisation To use Roundup and Match features, you authorise a Data Aggregator to access read-only transaction and balance information from the Connected Accounts you nominate. That authorisation is given to the Data Aggregator under its own terms and is governed by our Privacy Policy as regards what we receive. ### 7.2 Read-only; no debits The App does not debit your Connected Account. Beaver does not initiate ACH debits, card charges, direct debits, standing orders or any other movement of funds from your bank or card account. Roundups and Matches are funded exclusively by assets you have already deposited into your own Wallet. A Round-up is an accounting calculation performed on observed transaction data; it is not a transfer of money from your bank. ### 7.3 Data accuracy and timing Transaction data reaches us through third parties and may be delayed, incomplete, duplicated, mis-categorised, re-stated when a pending transaction posts, or reversed. Merchant names and categories are supplied by third parties and are frequently imprecise. We do not warrant the accuracy, completeness or timeliness of any Connected Account data, and we are not responsible for a Round-up calculated on the basis of data that later proves inaccurate. ### 7.4 Pending and reversed Purchases A pending Purchase does not create a committed Round-up. Where a Purchase is subsequently reversed, refunded, disputed or re-stated, the App will update the corresponding record and Pending Roundup, but it cannot reverse an order that has already been executed on-chain. ### 7.5 Disconnection You may disconnect a Connected Account at any time in the App or through your financial institution. Disconnection stops future Round-up calculation. It does not affect Tokenized Equities you already hold in your Wallet. ## 8. Roundups, Matches and order execution ### 8.1 You configure; the App calculates You choose your mode : Round-up (to the next configured increment, by default US$10, or a configured percentage), Match (1:1 with the Purchase), or auto-allocation of cash-back : and you choose the destination asset or allocation rule. The App applies your configuration mechanically. It does not exercise judgment. ### 8.2 Destination selection In "Smart Match" mode the App maps a Purchase to a supported asset using a verified merchant mapping, or a rule you previously saved for that category, or otherwise prompts you to choose. In "One Stock" mode every eligible Purchase is allocated to the single asset you selected. In either case, the App will not silently select an asset for you on the basis of performance , and any list of assets shown as "available for this category" is a menu, not a recommendation. ### 8.3 Execution minimums and batching Orders are batched. A Pending Roundup must reach the applicable execution minimum : currently the greater of US$10, the minimum imposed by the relevant venue or Token Issuer, and an economical fee floor : before an order can be constructed. Minimums may change. Amounts below the minimum simply continue to accrue. ### 8.4 You sign every order When a Pending Roundup becomes executable and your Wallet holds sufficient assets (including the Solana network fees payable in SOL), the App constructs a Transaction Message and presents it to you. No order is placed unless and until you review and sign it in your Wallet. You are responsible for verifying every parameter : amount, asset, address, program, slippage tolerance, fees; before signing. Where you have enabled any automated allocation feature, you are responsible for reviewing and understanding the standing authorisation you gave when you enabled it, and you may disable it at any time. ### 8.5 Execution is not guaranteed We make no representation that any Transaction Message will be valid, executable, accepted by Blockchain validators, confirmed, or filled at any particular price, time or quantity. Transactions may fail, revert, expire, be reordered, be front-run or sandwiched, execute at a materially different price than displayed, or partially fill. Slippage, price impact, oracle discrepancies, latency, network congestion, routing decisions and third-party venue behaviour are outside our control. We do not owe you best execution. ### 8.6 Funding You are responsible for maintaining sufficient USDC (or other accepted assets) in your Wallet. If your Wallet is underfunded, the App will notify you and the Pending Roundup will continue to accrue. We will never debit any account to cover a shortfall. ### 8.7 Displayed figures Balances, prices, portfolio values, gains, losses, aggregate statistics and progress indicators shown in the App are indicative, may be delayed or wrong, and may differ from on-chain state. The blockchain is the authoritative record. Do not rely on a displayed figure as if it were guaranteed accurate. ### 8.8 Suspension of execution features We may suspend, limit or discontinue any execution feature, any supported asset, or the App as a whole, at any time and without notice, including in response to a change of law, a Token Issuer restriction, a venue outage, a security concern, or our own commercial judgment. We have no obligation to continue operating the App. ## 9. Tokenized Equities are not shares ### 9.1 What they are A Tokenized Equity is a token issued by a third-party Token Issuer, intended to reference the economic value of an underlying security. For xStocks, the issuer is Backed Assets (JE) Limited, which states that its tokens are backed 1:1 by the underlying security held with regulated custodians, and that dividends are reinvested into the underlying asset and passed through by token rebasing. ### 9.2 What they are not Holding a Tokenized Equity is not the same as owning a share of the referenced company. A Tokenized Equity: (a) does not make you a shareholder or a member of the referenced company; (b) confers no voting rights , no right to attend or vote at meetings, and no other governance right; (c) confers no direct legal claim against the referenced company; (d) confers no right to a dividend from the referenced company, whatever economic pass-through the Token Issuer may operate; (e) is not held for you by us, and is not covered by SIPC, FSCS, FDIC, or any other investor-compensation, deposit-insurance or client-money protection scheme; and (f) gives you rights, if any, only against the Token Issuer, on the terms of that issuer's own documentation. ### 9.3 Issuer terms govern Your rights in respect of any Tokenized Equity are determined exclusively by the Token Issuer's own legal documentation, terms of service and any applicable prospectus or base prospectus : not by these Terms. You must read the Token Issuer's documentation before acquiring any Tokenized Equity. For xStocks, that documentation is published by Backed Assets (JE) Limited and by the venues through which its tokens are distributed. ### 9.4 We are not affiliated We are not affiliated with, endorsed by, sponsored by or authorised by any Token Issuer, any referenced company, any exchange, any broker-dealer, or any custodian. Company names, tickers, logos and marks shown in the App belong to their respective owners and are used solely to identify the asset a token references. Their display does not imply any relationship, endorsement or approval. ### 9.5 Issuer, custody and redemption risk Tokenized Equities carry risks entirely outside our control, including issuer insolvency, custodian failure, failure or suspension of redemption, de-pegging from the referenced asset, contractual limitations on who may redeem, corporate actions affecting the underlying, restrictions on transferability, and adverse regulatory action against the issuer or the product. We do not issue, back, custody, redeem, guarantee, insure or make a market in any Tokenized Equity. ### 9.6 Regulatory characterisation The legal and regulatory characterisation of Tokenized Equities is uncertain, varies by jurisdiction, and may change. A token may be, or may be determined to be, a security, a derivative, a structured product, a financial instrument or a regulated investment under the law applicable to you. You are solely responsible for determining whether it is lawful for you to acquire, hold or dispose of any Tokenized Equity where you are. If tokenized-equity products are not lawfully available to persons in your jurisdiction, do not use the App. ### 9.7 Availability Availability of any particular asset depends on the Token Issuer, the venue and the liquidity available on-chain. Assets may be added or removed without notice. Liquidity may be thin; spreads may be wide; markets may trade at material premiums or discounts to the referenced security, may trade when the underlying market is closed, and may be materially more volatile as a result. ## 10. Fees ### 10.1 Our fees The fees we currently charge are: | Activity | Fee | | --- | --- | | Deposit of stablecoins into your Wallet | 0bps | | Deposit requiring conversion from another asset | 10bps of the converted amount | | Purchase of a Tokenized Equity | 100bps of the order value | | Sale of a Tokenized Equity | 250bps of the order value | | On-chain transfer of a Tokenized Equity out of the App | 10bps of the transferred value | Fees are shown in the App before you sign a transaction. The amount and the fee you see before signing is what governs that transaction. We may vary these fees prospectively at any time; the current schedule is always published in the App, and a change does not apply retroactively to a transaction you have already signed. ### 10.2 Promotional fee arrangements We may offer fee reductions or waivers from time to time : for example, in connection with a particular mode, a promotional period, or a holder tier. Any such arrangement is discretionary, subject to its own stated conditions, and may be varied or withdrawn prospectively at any time. ### 10.3 Third-party costs In addition to our fees you will incur costs we do not receive and cannot control, including network (gas) fees, or other fees at the third-party venue, spread and price impact, issuer or venue fees, and any fees charged by Privy, a Data Aggregator, or your own bank. We do not receive these amounts and cannot refund them. ### 10.4 No refunds Because we do not hold your funds and because on-chain transactions are irreversible, fees deducted in the course of a confirmed transaction are non-refundable, except where required by law. ### 10.5 Taxes You are solely responsible for determining, reporting and paying any tax arising from your use of the App, including any income, capital gains, withholding, VAT or transaction tax. We do not provide tax advice, do not calculate your tax position, do not withhold tax, and do not undertake to provide tax reporting in any particular form or at all. Any transaction export or summary the App provides is a convenience, not a tax statement. Tokenized-asset taxation is uncertain and varies by jurisdiction; obtain your own advice. ## 11. Deposits and transfers ### 11.1 Deposits You fund your Wallet by transferring digital assets to your Wallet address, or by using a third-party on-ramp made available in the App. On-ramps are operated by third parties under their own terms, with their own identity-verification requirements, limits, pricing and jurisdictional restrictions. We are not a party to those transactions, receive no funds in them, and are not responsible for them. ### 11.2 Correct network and asset You must send only supported assets, on the Solana network, to your Wallet address. Assets sent on the wrong network, or unsupported assets, may be permanently lost. We cannot recover them. ### 11.3 Transfers out Because the Wallet is self-custodial, you may transfer your assets out of it at any time, subject to network conditions and any fee in Section 10.1. We do not impose withdrawal limits, lock-ups or holds on your Wallet, and we could not enforce one if we tried. ## 12. Rewards, bonuses, referrals and achievements ### 12.1 Nature of rewards We may from time to time offer promotional rewards : for example, a bonus in Tokenized Equities for completing a first qualifying deposit and investment, or for referring a new user who completes a qualifying event. These are discretionary marketing promotions . They are not interest, yield, a dividend, a revenue share, a security, a deposit, or consideration for any investment, and they create no entitlement to any future reward. ### 12.2 Conditions Each reward is subject to the specific eligibility criteria, qualifying events, timing and expiry published in the App at the time of the offer. Rewards are awarded only from our server-side reward ledger, only once per person, and only after the qualifying event has been confirmed. A deposit alone does not qualify where the published condition requires a completed investment. ### 12.3 Our discretion We may vary, suspend, withhold, claw back or discontinue any reward programme at any time and for any reason, including where we reasonably suspect abuse, multiple accounts, self-referral, automated account creation, falsified information, or circumvention of Section 4. Our determination is final. We may exclude any wallet or account from any programme. ### 12.4 Achievements and statistics Achievements, streaks, progress indicators and aggregate community statistics (for example, "$X collected in round-ups in the past 48 hours") are engagement features. Aggregate figures are historical, delayed, privacy-protected and subject to minimum cohort thresholds. They are not a forecast, a performance representation, a promise, or a basis for any expectation. ### 12.5 Do not participate for profit If you are using the App, holding any asset, or participating in any reward programme because you expect to profit from our efforts in operating that programme, do not do so. ## 13. Notifications and communications ### 13.1 Consent By creating an Account you consent to receive service communications by email, in-app message and, where you enable them, push notification and Live Activity. Service communications relating to your transactions, security, or these Terms are not optional while you hold an Account. You may opt out of marketing communications and disable push notifications at any time in the App or in your device settings. ### 13.2 Nature of notifications Notifications are informational prompts generated by automated rules. A notification is not a recommendation to transact, an offer, a confirmation of execution, or advice. Notifications may be delayed, duplicated, undelivered, or stale relative to the current state of your Account; the App, and ultimately the blockchain, is authoritative. Do not rely on receiving, or not receiving, a notification. ### 13.3 Electronic records You consent to receive all agreements, disclosures, notices and records from us electronically, and agree that electronic delivery satisfies any requirement that such communications be in writing. You may withdraw this consent only by closing your Account. ## 14. Third-party services and dependencies The App depends on third parties we do not control, including: Privy; Data Aggregators and the financial institutions behind them; Solana and its validators, RPC providers and indexers; decentralised exchanges, liquidity pools, routers and aggregators; Token Issuers and their custodians; oracles and market-data providers; on-ramp and off-ramp providers; hosting, analytics and notification providers; and the Apple App Store and TestFlight. Any of these may fail, suffer an outage, be exploited, change its terms, restrict your jurisdiction, or cease operating, in each case without notice to us. We do not endorse, audit, guarantee or assume responsibility for any of them, and we are not liable for any loss arising from their acts or omissions. Your use of any third-party service is governed by that party's own terms and is at your own risk. ## 15. Prohibited conduct You must not, and must not attempt to, and must not enable or encourage anyone else to: (a) use the App in breach of any applicable law, or in any jurisdiction where doing so would be unlawful; (b) use the App if you are a Sanctioned Person or Prohibited Person, or circumvent Section 4 by any means; (c) use the App to launder money, finance terrorism, evade sanctions, evade tax, or handle the proceeds of crime; (d) engage in market abuse or manipulation, including wash trading, spoofing, layering, front-running, back-running, sandwich attacks, oracle manipulation, ramping, cornering, or any conduct intended to create a false or misleading impression of price, value, supply or demand; (e) exploit any bug, error, mispricing, latency or vulnerability in the App, in Solana, in any smart contract, or in any integration, for gain; (f) attack, probe, scrape at scale, reverse engineer, decompile, penetrate, overload, or interfere with the App or its infrastructure, or introduce malicious code; (g) create multiple accounts, use bots or automated account creation, or otherwise abuse rewards, referrals or promotions; (h) provide false, inaccurate or misleading information to us, to Privy, or to a Data Aggregator, or impersonate any person or entity; (i) use the App on behalf of a third party without disclosing that fact and obtaining our written consent; (j) copy, frame, mirror, resell, sublicense or commercially exploit the App or its content; or (k) infringe any intellectual property, privacy or other right of any person. Breach of this Section is a material breach. We may suspend or terminate your access immediately and without notice, and may report conduct to law enforcement or regulators. ## 16. Intellectual property ### 16.1 Our rights The App, its software, design, interfaces, text, graphics, animations, and the "Beaver" and "TryBeaver" names and logos are owned by us or our licensors and are protected by intellectual property laws. Subject to these Terms, we grant you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to use the App for your own personal, non-commercial use. All rights not expressly granted are reserved. No licence is granted by implication or estoppel. ### 16.2 Third-party marks Company names, tickers, logos and other marks displayed in the App belong to their respective owners and are used for identification only. ### 16.3 Your content You retain ownership of any content you submit (for example, your handle, profile image or feedback). You grant us a worldwide, royalty-free, non-exclusive licence to host, reproduce, display and distribute that content for the purpose of operating and promoting the App. You warrant that you hold the rights necessary to grant that licence and that your content does not infringe any third-party right or impersonate any person. ### 16.4 Feedback If you send us suggestions, ideas or feedback, we may use them freely, without restriction, attribution or compensation. ### 16.5 App Store The iOS application is licensed, not sold. Your use is additionally subject to Apple's applicable terms. Apple is not a party to these Terms, has no obligation to provide support or maintenance for the App, and is not responsible for any claim relating to the App. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties. ## 17. Risk acknowledgement You acknowledge that you have read and understood the Risk Disclosure & Important Information incorporated into these Terms, and that you accept the risks described there, which include and are not limited to: total loss of capital; extreme volatility; illiquidity; the fact that Tokenized Equities are not shares and carry issuer, custody, redemption and de-pegging risk; smart-contract, protocol and bridge risk; blockchain, validator, fork, congestion and cryptography risk; oracle and pricing risk; loss of Wallet access; phishing and malicious-signature risk; third-party dependency and outage risk; regulatory and legal uncertainty; tax uncertainty; and the risk that the App is discontinued. You further acknowledge that the risks described are not exhaustive , that you are capable of evaluating them, that you have conducted your own independent investigation, and that you have not relied on any statement, representation or omission by us other than those expressly set out in these Terms. You should only commit amounts you can afford to lose entirely. ## 18. Disclaimers and limitation of liability ### 18.1 As is THE APP AND ALL CONTENT AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. To the fullest extent permitted by law, we disclaim all warranties, including any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, security, availability, uninterrupted or error-free operation, and any warranty arising from course of dealing or usage of trade. We do not warrant that the App will meet your requirements, that defects will be corrected, that the App or its infrastructure is free of viruses or harmful components, or that any data displayed is accurate, complete or current. ### 18.2 No liability for excluded matters To the fullest extent permitted by law, we have no liability to you for any loss arising out of or relating to: the value, performance, availability, liquidity, characterisation, redemption or de-pegging of any Tokenized Equity or other asset; the acts, omissions, insolvency or default of any Token Issuer, custodian, venue, oracle, Data Aggregator, on-ramp, Privy, RPC provider or other third party; any failure, delay, revert, reordering, front-running, slippage, partial fill or unexpected execution of any transaction; any bug, exploit, hack, malfunction or vulnerability in Solana, any smart contract, any wallet or any integration; your loss of keys, credentials or Wallet access; any transaction you signed, including one signed in error or in response to a fraudulent prompt; any inaccuracy in Connected Account data or in any figure displayed in the App; any suspension, restriction, discontinuation or change of the App or any feature; or any Change of Law. ### 18.3 No indirect damages TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, SAVINGS, GOODWILL, OPPORTUNITY, DATA OR DIGITAL ASSETS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY. ### 18.4 Cap TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED U.S. DOLLARS (US$100). This cap applies even if a limited remedy fails of its essential purpose. ### 18.5 Related persons Every disclaimer, limitation and exclusion in these Terms also applies, on the same terms, to our members, managers, officers, directors, employees, contractors, agents, advisers, affiliates and contributors. ### 18.6 Time limit Any claim arising out of or relating to these Terms or the App must be brought within the shorter of (a) the applicable statute of limitations and (b) one (1) year after the facts giving rise to the claim first arose, failing which it is permanently barred. ### 18.7 Carve-outs Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation, or for wilful misconduct. Some jurisdictions do not allow certain exclusions or limitations, so parts of this Section may not apply to you, and nothing here waives any consumer right that cannot lawfully be waived. ## 19. Indemnity You will defend, indemnify and hold harmless Freddy Made another one LLC and its members, managers, officers, directors, employees, contractors, agents, advisers and affiliates from and against any claim, demand, action, proceeding, loss, liability, damage, fine, penalty, cost or expense (including reasonable legal fees) arising out of or relating to: (a) your use of the App; (b) your breach of these Terms or of any applicable law; (c) your breach of any representation in Section 4; (d) any transaction you signed; (e) your content; or (f) your infringement of any third-party right. ## 20. Suspension, termination and survival ### 20.1 By you You may stop using the App and close your Account at any time. Because the Wallet is self-custodial, closing your Account does not affect your assets; you retain control of your Wallet through Privy and can transfer your assets at any time. You should transfer or export what you need before closing. ### 20.2 By us We may suspend, restrict or terminate your access to the App, in whole or in part, at any time, with or without notice, for any reason, including a breach or suspected breach of these Terms, a legal or regulatory requirement, a risk-screening result, or our decision to discontinue the App. ### 20.3 Effect Termination does not affect your Wallet or the assets in it, which remain yours and outside our control. Termination does not relieve you of obligations accrued before termination. ### 20.4 Survival Sections 2, 3, 6.2, 6.4, 6.6, 9, 10.4, 10.5, 12.3, 14, 16, 17, 18, 19, 20.4, 21, 22 and 24 survive termination. ## 21. Governing law and dispute resolution ### 21.1 Governing law These Terms, and any dispute, claim or non-contractual obligation arising out of or in connection with them or the App, are governed by the laws of the State of New Mexico, United States , without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. ### 21.2 Informal resolution first Before commencing any arbitration or proceeding, you must first send a written notice of dispute to the contact address in Section 24, describing the dispute and the relief sought, and attaching relevant documents. The parties will use commercially reasonable efforts to resolve the dispute within sixty (60) days of that notice. Only if the dispute is not resolved in that period may it proceed under Section 21.3. ### 21.3 Binding individual arbitration Any dispute, claim or controversy arising out of or relating to these Terms or the App : including any question as to their existence, validity, enforceability or termination; that is not resolved under Section 21.2 shall be finally resolved by confidential, binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable. The arbitration will be seated in Albuquerque, New Mexico, conducted in English, before a single arbitrator, and may be conducted by videoconference or on documents where the Rules permit. The arbitrator's award is final and binding, and judgment on it may be entered in any court of competent jurisdiction. Small claims exception. Either party may bring an individual claim in a small-claims court of competent jurisdiction instead of arbitration, if the claim qualifies. Injunctive relief exception. Either party may seek interim or injunctive relief from a court of competent jurisdiction to prevent actual or threatened infringement or misuse of intellectual property or confidential information, or breach of Section 15, without waiving this arbitration agreement. ### 21.4 Class action and jury waiver YOU AND WE EACH AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLAIMANT OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING. YOU AND WE EACH IRREVOCABLY WAIVE ANY RIGHT TO TRIAL BY JURY. If this waiver is held unenforceable as to any part of a dispute, that part will proceed in the courts identified in Section 21.5 and the remainder will proceed in arbitration. ### 21.5 Courts For any proceeding permitted to be brought in court under this Section, or in support of or to enforce an arbitration award, the state and federal courts located in Bernalillo County, New Mexico have exclusive jurisdiction, and each party irrevocably submits to that jurisdiction and waives any objection based on inconvenient forum or improper venue. ### 21.6 Opt-out You may reject the arbitration agreement in Section 21.3 and the waiver in Section 21.4 by sending written notice to the contact address in Section 24 within thirty (30) days of first accepting these Terms, stating your name, handle and an express statement that you opt out of arbitration. Opting out does not affect any other provision of these Terms. ## 22. General 22.1 Changes. We may amend these Terms at any time. We will update the "Last updated" date and, for material changes, give notice in the App or by email. Changes take effect when posted (or on the later date we specify) and do not apply retroactively. Continued use after a change takes effect constitutes acceptance. If you do not accept a change, stop using the App. 22.2 Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including acts of God, war, terrorism, civil unrest, epidemic, governmental action, change of law, failure of the internet, failure or congestion of Solana, consensus attacks, exploits, denial-of-service attacks, or failure of any third-party dependency. 22.3 Change of Law. If any new or amended law, regulation, guidance, interpretation, inquiry or enforcement action materially affects the legality or viability of the App or any feature, we may, in our discretion and without liability, suspend or terminate access, modify the App to comply, or require you to take steps necessary for compliance. 22.4 Severability. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed, and the remainder of these Terms will continue in full force. 22.5 No waiver. No failure or delay in exercising any right is a waiver of it, and no single or partial exercise precludes any further exercise. A waiver is effective only if given by us in writing. 22.6 Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign or transfer them freely, including to a successor or acquirer of the App. 22.7 No third-party rights. Except as expressly stated (including Section 16.5 and Section 18.5), these Terms confer no rights on any third party. 22.8 No partnership or fiduciary duty. Nothing in these Terms creates a partnership, joint venture, agency, employment, trust or fiduciary relationship between you and us. We owe you no fiduciary duty. 22.9 Entire agreement. These Terms, together with the Risk Disclosure and the Privacy Policy, are the entire agreement between you and us regarding the App and supersede all prior or contemporaneous understandings. 22.10 Interpretation. Headings are for convenience only. "Including" means "including without limitation". No rule of construction against the drafter applies. The English-language version of these Terms governs. ## 23. Beta, TestFlight and invite-only access Parts of the App may be provided as a beta, preview, TestFlight or invite-only release. Such releases are experimental, may contain defects, may be incomplete, may lose data, and may be withdrawn at any time. They are provided strictly "as is", with no warranty and no support commitment, and the disclaimers and limitations in Section 18 apply with full force. Distribution of invite codes outside the intended recipient, or use of the App by a person who is not eligible under Section 4, is a breach of these Terms. ## 24. Contact Freddy Made another one LLC 1209 Mountain Road Pl NE, Ste R Albuquerque, NM 87110 United States Contact: hello@trybeaver.app [← Back to Beaver](https://trybeaver.app/)