Terms Of Service

IMPORTANT: PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING
OR USING BINK, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT
AGREE, DO NOT USE OUR SERVICES.
These Terms of Service ("Terms" or "Agreement") constitute a legally binding agreement
between you ("User," "you," or "your") and Botanix Labs Inc., a Delaware corporation
("Company," "we," "us," or "our"), governing your access to and use of the Bink application,
website, and related services (collectively, the "Services").
Bink is a decentralized finance application that provides a bank-like experience by connecting
various third-party protocols and services. Bink is not a bank, is not licensed as a financial
institution, and does not hold or custody your funds.

1. ACCEPTANCE OF TERMS
   By creating an account, accessing, or using the Services, you acknowledge that you have read,
   understood, and agree to be bound by these Terms, our Privacy Policy (incorporated herein by
   reference), and all applicable laws and regulations. We reserve the right to modify these Terms
   at any time. We will notify you of material changes via email or in-app notification. Your
   continued use of the Services after such modifications constitutes acceptance of the updated
   Terms.

2. ELIGIBILITY
   To use the Services, you must:
   • Be at least 18 years of age;
   • Have the legal capacity to enter into a binding agreement;
   • Not be located in, or a citizen or resident of, any jurisdiction subject to U.S. sanctions
   administered by the Office of Foreign Assets Control ("OFAC"), including but not limited
   to Cuba, Iran, North Korea, Syria, the Crimea region, and the so-called Donetsk and
   Luhansk People's Republics;
   • Not be listed on any U.S. government list of prohibited or restricted parties; and
   • Comply with all additional eligibility requirements imposed by our third-party service
   providers, including MoonPay for fiat on/off-ramp services.

3. DESCRIPTION OF SERVICES
   3.1 Overview
   Bink provides a user interface that connects to various decentralized protocols and third-party
   services to offer:
   • Self-custodial wallet creation and management (via Privy);
   • Yield generation through stBTC staking (via Botanix staking protocol);
   • Borrowing and lending services (via Dolomite);
   • Fiat on-ramp and off-ramp services (via MoonPay);
   • Digital asset transfers on the Botanix network, Bitcoin Layer 1, and Lightning Network;
   • Bridging services between Bitcoin Layer 1, Lightning Network, and Botanix (via Atomiq
   Exchange and Garden Finance); and
   • A points and rewards program ("Bink Points").
   3.2 Self-Custody
   Your wallet is self-custodial, meaning you maintain full control over your private keys and
   digital assets at all times. We do not have access to, custody of, or control over your private
   keys, seed phrases, or digital assets. You are solely responsible for:
   • Safeguarding your account credentials and recovery methods;
   • Maintaining the security of your device and email account;
   • All transactions initiated from your wallet; and
   • Any losses resulting from unauthorized access to your account.
   We cannot recover lost private keys, reverse transactions, or restore access to your
   wallet.
   3.3 Third-Party Services
   The Services integrate with and rely upon third-party protocols and service providers, including
   but not limited to Privy (wallet infrastructure), MoonPay (fiat services), Dolomite (lending),
   Atomiq Exchange and Garden Finance (bridging), and the Botanix network. Your use of these
   third-party services may be subject to additional terms and conditions imposed by those
   providers. We do not control, endorse, or assume responsibility for any third-party services, and
   you acknowledge that your use of such services is at your own risk.

4. ACCOUNT REGISTRATION
   To access certain features of the Services, you must create an account using your email
   address. By creating an account, you agree to provide accurate, current, and complete
   information. You are responsible for maintaining the confidentiality of your account credentials
   and for all activities that occur under your account.
   Certain features, including fiat on-ramp and off-ramp services provided by MoonPay, require
   completion of Know Your Customer ("KYC") verification. KYC requirements and geographic
   restrictions are determined by MoonPay and may vary by jurisdiction.

5. BINK POINTS PROGRAM
   Bink offers a points program ("Bink Points") that allows users to earn points through various
   activities including transactions, referrals, borrowing, and transfers. Accumulated points
   contribute to user levels, which may unlock benefits such as enhanced yield rates.
   Bink Points:
   • Have no cash value and cannot be exchanged for fiat currency;
   • Are non-transferable between users;
   • Do not constitute property and confer no ownership rights;
   • May be modified, limited, or terminated at our sole discretion; and
   • Are subject to program rules that may be updated from time to time.
   We reserve the right to modify, suspend, or discontinue the Bink Points program at any time
   without prior notice. Points balances may be forfeited if you violate these Terms or if your
   account is terminated.

6. FEES
   The following fees apply to use of the Services:
   • Network Gas Fees: Blockchain transactions require payment of network fees ("gas
   fees") directly to the Botanix network. Gas fees are not retained by Bink. Approximately
   50% of gas fees on the Botanix network are distributed to stBTC holders as yield.
   • Fiat On/Off-Ramp Fees: Fees for fiat currency deposits and withdrawals are charged by
   MoonPay and are displayed at the time of transaction. Bink does not charge additional
   fees for fiat services.
   • Swap Fees: A fee is charged on digital asset swaps executed through the Services.
   • Borrowing Fees: Fees apply to borrowing services and are displayed at the time of
   transaction.
   Current fee schedules are available within the application. We reserve the right to modify fees at
   any time with notice provided through the Services.

7. RISK DISCLOSURES
   YOU ACKNOWLEDGE AND ACCEPT THE FOLLOWING RISKS:
   7.1 Digital Asset Risks
   Digital assets, including Bitcoin and tokens on the Botanix network, are highly volatile. Prices
   may fluctuate significantly in short periods. You may lose some or all of the value of your digital
   assets. Past performance is not indicative of future results.
   7.2 Smart Contract Risks
   The Services interact with smart contracts deployed on the Botanix network and other
   blockchains. Smart contracts may contain bugs, vulnerabilities, or errors that could result in the
   loss of your digital assets. Smart contract transactions are irreversible.
   7.3 Botanix Network Risks
   The Botanix network operates as a federated Layer 2 network on Bitcoin with a federation of 16
   node operators (of which Botanix Labs Inc. operates one). You acknowledge that:
   • Bitcoin bridged to Botanix is held in multi-signature wallets controlled by the federation;
   • Collusion among a supermajority of federation members could theoretically result in loss
   of funds;
   • The federation has the technical capability to censor transactions or delay withdrawals;
   • The network is evolving and may experience outages, bugs, or other technical issues.
   7.4 Bridge Risks
   Bridging assets between Bitcoin Layer 1, Lightning Network, and Botanix involves inherent risks
   including smart contract vulnerabilities, liquidity issues, and potential loss of funds during the
   bridging process.
   7.5 Lending and Borrowing Risks
   Participation in lending and borrowing through Dolomite carries risks including liquidation of
   collateral, protocol exploits, and loss of deposited assets.
   7.6 Regulatory Risks
   The regulatory environment for digital assets and decentralized finance is evolving and
   uncertain. Regulatory changes could adversely affect the Services, your ability to use the
   Services, or the value of your digital assets.
   7.7 No Insurance
   Digital assets held in your wallet are not insured by the Federal Deposit Insurance
   Corporation (FDIC), the Securities Investor Protection Corporation (SIPC), or any other
   governmental or private insurance scheme.

8. PROHIBITED ACTIVITIES
   You agree not to:
   • Use the Services for any illegal purpose or in violation of any applicable laws or
   regulations;
   • Use the Services to launder money, finance terrorism, or engage in other financial
   crimes;
   • Circumvent, disable, or interfere with security features of the Services;
   • Use any automated means to access the Services without our authorization;
   • Attempt to gain unauthorized access to any accounts, systems, or networks;
   • Use the Services to evade sanctions or circumvent OFAC restrictions;
   • Engage in market manipulation, wash trading, or other deceptive practices;
   • Infringe upon the intellectual property rights of others; or
   • Abuse, manipulate, or exploit the Bink Points program.

9. DISCLAIMER OF WARRANTIES
   THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES
   OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
   IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
   PURPOSE, TITLE, AND NON-INFRINGEMENT.
   We do not warrant that:
   • The Services will be uninterrupted, secure, or error-free;
   • Any defects will be corrected;
   • The Services or servers are free of viruses or harmful components;
   • The results obtained from use of the Services will be accurate or reliable; or
   • Any third-party services integrated with the Services will perform as expected.
   WE ARE NOT A BANK. WE ARE NOT A BROKER, EXCHANGE, CUSTODIAN, OR
   FINANCIAL ADVISOR. WE DO NOT PROVIDE INVESTMENT, LEGAL, OR TAX ADVICE.
   ANY DECISIONS YOU MAKE BASED ON INFORMATION OBTAINED THROUGH THE
   SERVICES ARE MADE AT YOUR OWN RISK.

10. LIMITATION OF LIABILITY
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
    BOTANIX LABS INC., ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
    OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
    CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS
    OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING
    FROM:
    • Your access to or use of (or inability to access or use) the Services;
    • Any conduct or content of any third party on or related to the Services;
    • Loss or theft of digital assets;
    • Smart contract failures or exploits;
    • Network outages or failures;
    • Bridge failures or losses;
    • Actions of federation members;
    • Unauthorized access to your account; or
    • Any other matter relating to the Services.
    IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE
    GREATER OF (A) THE TOTAL AMOUNT OF FEES PAID BY YOU TO BINK DURING THE
    TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS
    ($100).

11. INDEMNIFICATION
    You agree to indemnify, defend, and hold harmless Botanix Labs Inc., its affiliates, and their
    respective directors, officers, employees, agents, and licensors from and against any and all
    claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out
    of or relating to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation
    of any rights of any third party; or (d) your violation of any applicable law or regulation.

12. DISPUTE RESOLUTION AND ARBITRATION
    PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS,
    INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
    12.1 Agreement to Arbitrate
    You and Botanix Labs Inc. agree that any dispute, claim, or controversy arising out of or relating
    to these Terms or the Services ("Disputes") will be resolved exclusively through binding
    individual arbitration rather than in court, except that either party may bring individual claims in
    small claims court if they qualify.
    12.2 Class Action Waiver
    YOU AND BOTANIX LABS INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE
    OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR
    CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE
    ACTION. Unless both you and we agree otherwise, the arbitrator may not consolidate more
    than one person's claims and may not otherwise preside over any form of a representative or
    class proceeding.
    12.3 Arbitration Procedures
    Arbitration shall be conducted by JAMS in accordance with its Comprehensive Arbitration Rules
    and Procedures. The arbitration shall be conducted by a single arbitrator in the English
    language. The seat of arbitration shall be Wilmington, Delaware. The arbitrator's decision shall
    be final and binding, and judgment on the award may be entered in any court of competent
    jurisdiction.
    12.4 Exceptions
    Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any
    court of competent jurisdiction to protect its intellectual property rights.

13. GOVERNING LAW
    These Terms shall be governed by and construed in accordance with the laws of the State of
    Delaware, United States, without regard to its conflict of law principles.

14. INTELLECTUAL PROPERTY
    The Services, including all content, features, and functionality, are owned by Botanix Labs Inc.
    and are protected by United States and international copyright, trademark, patent, trade secret,
    and other intellectual property laws. "Bink," "Botanix," and associated logos and designs are
    trademarks of Botanix Labs Inc. You may not use, copy, reproduce, modify, or distribute any
    content from the Services without our prior written consent.

15. TERMINATION
    We reserve the right to suspend or terminate your access to the Services at any time, with or
    without cause, and with or without notice. Upon termination, your right to use the Services will
    immediately cease. You may terminate your account at any time by discontinuing use of the
    Services. All provisions of these Terms that by their nature should survive termination shall
    survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of
    liability.

16. MISCELLANEOUS
    16.1 Entire Agreement
    These Terms, together with our Privacy Policy, constitute the entire agreement between you
    and Botanix Labs Inc. regarding the Services and supersede all prior agreements and
    understandings.
    16.2 Severability
    If any provision of these Terms is held to be invalid or unenforceable, such provision shall be
    struck and the remaining provisions shall remain in full force and effect.
    16.3 Waiver
    Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such
    right or provision.
    16.4 Assignment
    You may not assign or transfer these Terms or your rights hereunder without our prior written
    consent. We may assign these Terms without restriction.
    16.5 Force Majeure
    We shall not be liable for any failure or delay in performance due to circumstances beyond our
    reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes,
    acts of civil or military authorities, fire, floods, network infrastructure failures, or strikes.

17. CONTACT INFORMATION
    If you have any questions about these Terms, please contact us at:
    Botanix Labs Inc.
    Email: [email protected]
    Website: https://www.binkbtc.com/
    BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ,
    UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.