TERMS OF SERVICE

These terms of use, together with any other agreements or terms incorporated by reference (the "Terms") set forth the basis on which you are permitted to access and use the website located at https://tehbag.com/ (the “Site”) and associated services provided to you by theBag ("we" or the “Company”).

These Terms constitute a binding and enforceable legal contract between the Company and You. By using the Services, you agree to these Terms. If you are entering into these Terms on behalf of a company or another legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case the term "You" will refer to such entity and its affiliates. If the legal entity that you represent does not agree with these Terms, you must not accept these Terms or use the Services.

1. The Services

1.1. The Services include our proprietary AI-powered Telegram bot API, BagBot, which uses artificial intelligence to find posts on the X platform which reference your project, and automatically creates an alert for your community in your project’s Telegram group, in real time. In addition, BagBot provides a fully automated raiding feature (collectively, the “Services”).

1.2. We have taken reasonable measures to ensure the accuracy of the information on the Site and Services; however, we do not guarantee the accuracy, suitability, reliability, completeness, performance and/or fitness of the content in respect of any Service or products available through the Site and Services, and will not accept liability for any loss or damage that may arise directly or indirectly from the content or your inability to access this Site or Services. We will not have any liability for the use or interpretation of such information. The information and content on the Site and Services are subject to change without prior notice and is provided for the sole purpose of assisting users to make independent decisions.

1.3. The services made available on the Site and Services may require you to meet certain minimum requirements, such as depositing ETH in the Service’s smart contract, or any other currency, or having a certain minimum number of users in your Telegram group (currently 200, but subject to change at any time). You must safeguard and not disclose your Telegram account username and password and you must supervise the use of such account. You agree to keep your Telegram account information up to date and accurate. You are solely and fully responsible for maintaining the confidentiality of your Telegram account’s usernames and passwords. You are solely and fully responsible for all activities that occur under the account.

1.4. You may withdraw your ETH deposit at any time, provided however that if you opted to use your deposit for the buyback and burn feature on a different token, you may no longer be able to withdraw your deposit.

1.5. Use of Data. The Company may collect User Data, and You hereby grant the Company permission to collect User Data available on the Site and Services and to use such User Data to improve the performance and functionality of the Site and Services, and for other business purposes including monitoring, statistical data gathering, diagnostics, comparative analyses, press and supplies utilization, complementary solutions usage, security and software integrity assurance, remote control and support and click performance tracking and billing. The Company may use various analytics tools in performing the above. The Company does not provide an opt-out option from the use of such analytics tools and therefore You should refrain from registering for the Service if You do not agree to the use of analytics tools in connection with the User Data. Where applicable, User Data collected by the Company will be shared with You or any service provider who may provide You with supplementary services in connection with the Services. The Company may further use User Data as set forth in its privacy policy referenced above.

"User Data" means data relating to Your use of the Site and Services, including but not limited to information related to: (i) information obtained by or provided through the Service; (ii) settings, preferences chosen, and resource usage; (iii) free text and/or any other content submitted by You.

2. User Obligations and Restrictions

2.1. Obligations. In connection with your use of the Services You agree to comply with all applicable laws, rules and regulations, including those regarding data privacy and intellectual property rights. The use of the Services may require the integration of a compatible digital wallet with the Company’s smart contract(s). Wallets are made available by unrelated third-party service providers. Your use of your wallet is at your own risk and responsibility and subjected to each wallet provider’s applicable terms. The Company makes no representation or warranties whatsoever, nor does it provide any recommendation or advice with respect to any wallet. We don’t, and will not have any access to your wallet or any type of cryptocurrencies or other assets which you may have in your wallet, and we will never ask you for any details other than the wallet’s public address. We will have no liability to you or to any third party for any claims or damages that may arise as a result of any actions or transactions that you engage in while using the Service. Certain of the Services made available through our platform may be subjected to depositing a certain amount of ETH, as may change from time to time, into our smart contract. Other services may have service fees associated with them.

2.2. License. You grant us a worldwide, non-exclusive license to host, copy and use your User Data and any additional information or data provided by you in order to provide You with the Services. Subject to this limited license we do not acquire any right in your data and You or your licensors retain all rights and ownership to your data. You warrant that You have full rights to provide to us any data that You provide through the ServicesTo the extent relevant, it is your responsibility to back up your User Data and you are responsible for any lost or unrecoverable User Data.

2.3. Restrictions. You must not misuse the Services. For example, you may not, whether by yourself or anyone on your behalf (a) sell, resell, or lease the Services or access or attempt to access the Services by any means other than the interface we provided or authorized; (b) circumvent any access or use restrictions put into place to prevent certain uses of the Services; (c) use the Services to store, share or transmit content which is unlawful, infringing, harmful or which violates any person’s rights, including privacy rights and intellectual property rights; (d) attempt to disable, impair, or destroy the Services, or Site; or (e) reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.

3. Intellectual Property Rights

3.1. Retention of Rights. All rights not expressly granted to You under these Terms are reserved by the Company. We reserve all rights, title and interest to the Services, the Site and any of their related intellectual property rights. The Terms do not convey to You an interest in or to the Company’s or any of its affiliates’ intellectual property rights. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property Rights under any law.

3.2. Feedback. To the extent You provide us any feedback, comments or suggestions ("Feedback"), you grant us a royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into the Services or any of our current or future products or services.

3.3. Trademarks. “tehBag”, “BagBot”, “$BAG, and any other of the Company’s products or services names, logos or slogans that may appear on our Services are trademarks of the Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. You will not use any trademark, product or service name of the Company without our prior written permission, including without limitation any metatags or other “hidden text” utilizing any trademark, product or service name of the Company. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned through our Services are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

3.4. Fees. Fees may be incurred for part of the Services provided by us to you. By using our Services, you agree to incur these fees. We have the right to set and modify its fee structure at its discretion. We may also start charging fees on free services. Any fee changes shall be announced in advance. Any such service fees are non-refundable. If you do not agree with any fees charged, you may stop using one or more of the Services immediately. You are still responsible for any fees incurred up to the date of termination of the Services. Unless otherwise stated or agreed, you agree that we have the right to automatically and without prior notice deduct the above-mentioned service fees directly from the assets you deposit into our smart contract. Any amounts payable hereunder exclude gas fees and any other payments, fees or expenses relating to third party services.

4. Risk Statement. This Section provides you with information about the risks associated with our Services. Applicants and users should read this risk disclosure statement (“Risk Statement”) carefully before applying to open an Account and using our Site and/or Services.

4.1. This Risk Statement is not intended to disclose or discuss in detail all of the risks associated with the use of our Services. This Risk Statement is not exhaustive and only outlines the general nature of the risks involved. Users should ensure that their decisions are made on a well-informed basis, and they should undertake their own assessment as to the suitability of using our Services in the light of their experience, objectives, resources and their specific needs and requirements. By opting to use our Services, you are deemed to have reviewed, understood and accepted the risks associated therewith. You acknowledge and agree that it is your responsibility to stay up to date with the updated Risk Statement published from time to time.

4.2. By using the Services, you represent that you understand the inherent risks associated with cryptographic systems; and warrant that you have an understanding of the usage and intricacies of native cryptographic tokens, smart contract-based tokens, and blockchain-based software systems. You further represent that you understand that the Services could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit the ability of the Services to continue to develop, or which could impede or limit your ability to access or use the Services. You acknowledge and understand that cryptography and blockchain-based systems are progressing fields with unique risks, which could result in the theft or loss of your cryptographic tokens or property. The Company will utilize reasonable efforts to secure the Services and your use of it, but does not guarantee or otherwise represent full security of the Services. By using the Services, you acknowledge these inherent risks.

4.3. You shall bear any loss as a result of your own actions or omissions relating to the use of Services, including but not limited to: (i) “fat finger” input or instructions errors, including price or quantity errors. All instructions sent via the Services will be routed to the relevant product and service provider we take no responsibility, express or implied, for verifying any instruction; (ii) mis-timing or mis-submission of instructions; (iii) computer or network issues, including any hacks or virus-related issues; (iv) third parties accessing and using your wallet and/or Telegram account for any reason.

4.4. You acknowledge that we shall not be responsible for any communication failures, disruptions, errors, distortions, or delays (in each case whether or not such event can be controlled or is caused by us) you may experience when using the Site and Services, howsoever caused. Also, there are risks associated with the use of Services including, but not limited to, the failure of hardware, software, and Internet connections (in each case whether or not such event can be controlled or is caused by us).

4.5. You are responsible for complying with all applicable laws and regulations and are solely responsible for determining which laws may apply, including any applicable tax laws. You shall be solely responsible for reporting and paying any taxes arising from its use of the Services. Any regulatory changes or actions by the competent authorities or any authorities may adversely affect the use of our Site and Services.

4.6. Website and internet pages, investor relations releases, oral or written outlooks, presentations, audio and video recordings of events, and other publications from websites may contain optimistic, forward-looking statements that reflect the Company and our current views with respect to prospective projects and events. Certain words, including but not limited to, “anticipate,” “assume”, “believe”, “estimate”, “expect”, “intend”, “may”, “plan”, “project”, and “should”, as well as other expressions that often identify forward looking statements. These statements are subject to risks, uncertainties, and changes due to many factors, including but not limited to: changes in exchange rates, interest rates, and commodity prices; the introduction of new and/or competing technology and ideas; increased market incentives; and a decline in demand for current Services or other products.

4.7. Beta Software - In connection with the Services or otherwise, the Company may make pre-release versions of software available to you which, regardless of how labeled, is by default ‘Beta Products’. You acknowledge that the Beta Product is a pre-release version and does not represent the final product from the Company, and may contain bugs, errors, security flaws, and other problems that could cause system or other failures or security breaches. You acknowledge that the Company has no express or implied obligation to inform you that the Beta Products are beta products. Because Beta Products can be at various stages of development, operation and use of the Beta Products may be unpredictable. The Company has no obligation to further develop or publicly release the Beta Products. The Company may not provide technical or other support for the Beta Products. If requested by the Company, you will provide feedback to the Company regarding testing and use of the Beta Products, including error or bug reports.

5. Staking.

5.1. $BAG is an ERC20 utility token. This token behaves like any other Ethereum-based token and can be stored in any wallets that support ERC20 tokens, e.g. Metamask wallet.

5.2. You may be able to stake your $BAG using the Site, in accordance with the terms set forth on the Site and herein below. You understand and agree that staking your $BAG and any other transactions with your $BAG is subject to certain risks, including without limitation: (i) the price and liquidity of virtual assets, including the $BAG, are highly volatile and may be subject to significant fluctuations for a wide variety of reasons. We will NOT provide liquidity for the $BAG nor do we have any plans to do so in the future. Furthermore, if any user or other third party starts a liquidity pool we have no liability whatsoever with regard to such liquidity pool, and the exchange of $BAG. Fluctuations in the price of other digital assets could significantly and adversely affect the $BAG; (ii) legislative and regulatory changes or actions may adversely affect the Site and Services, as well as the use, transfer, and therefore the potential utility or value of $BAG; (iii) $BAG is not backed by any government or governmental authority and do not constitute a legal tender; and (iv) staking or any other use of $BAG and any losses related thereto (including with regard to accidental transactions) may be irreversible and unrecoverable.

5.3. You understand and agree that you are solely responsible for determining the potential value or potential loss related to the aforementioned or other risks for yourself. You understand and agree that you access and use the Services at your own risk. Under no circumstances shall we be responsible for any failures, disruptions, errors, or distortions you may experience when using the Services nor for any loss or damage related thereto.

5.4. By staking, your $BAG is deposited in and governed by a smart contract. While your $BAG is staked, you may no longer see it in your wallet.

5.5. You are solely responsible to determine what, if any, and pay any and all sales, use, value-added and other taxes, duties, and assessment now or hereafter claimed or imposed by any governmental authority, associated with the staking or other use of your $BAGS. We are not responsible for determining the taxes that may apply to your $BAGS.

6. DISCLAIMER. THE SITE AND SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE AND/OR SERVICE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE AND SERVICE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

7. Limitation of Liability. IN NO EVENT WILL the Company BE LIABLE FOR (I) INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR (II) LOSS OF PROFITS OR REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, IN EACH CASE ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF the Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL TEHBAG’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR TO THE SITE OR SERVICES EXCEED AN AMOUNT OF US$100.00. THESE LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

8. Indemnification. You will indemnify, defend, and hold harmless the Company, its affiliates, resellers, employees and agents (the "Indemnified Parties") from and against all liabilities, damages, and costs (including reasonable attorneys' fees) arising out of any claim, demand, suit or proceeding by a third party alleging that your use of the Services infringes or misappropriates a third party’s intellectual property rights or violates applicable law or that your use of the Services is in violation of these Terms.

9. Term and Termination. These Terms and Conditions shall remain in full force and effect while you use the Site and Services. Without limiting any other provision of these terms and conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and Services (including blocking certain IP addresses), to any user for any or no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms and conditions or of any applicable law or regulation. We may terminate your use or participation in the Site and Services or delete any content or information that you posted at any time, without warning, at our sole discretion. In addition, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

10. Modifications and Interruptions. The Company may change the Terms from time to time, and such change will become effective upon the date on which it is posted on the Site or Services. You are responsible for checking the Site and/or Services regularly for such changes. By continuing to access or use the Site or Services you agree to be bound by the revised Terms. We reserve the right to change, modify, or remove the contents of the Site and Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site and Services. We also reserve the right to modify or discontinue all or part of the Site and Services without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site. We cannot guarantee the Site and Services will be available at all times. Prices for our products are subject to change without notice. We may experience hardware, software, or other problems or need to perform maintenance related to the Site and/or Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site and/or Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site and/or Services during any downtime or discontinuance of the Site and/or Services. Nothing in these Terms will be construed to obligate us to maintain and support the Site and/or Services or to supply any corrections, updates, or releases in connection therewith.

11. Governing Law; Jurisdiction; Arbitration.

12. PLEASE READ THIS SECTION CAREFULLY AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS.

12.1. In the event of any dispute, please contact the Company first. The Company will seek to address your concerns without resorting to formal legal proceedings whenever possible. The parties will agree to negotiate in good faith to resolve the dispute and discussions will remain confidential and subject to applicable laws protecting settlement discussions from use as evidence in any legal proceeding.

12.2. You and the Company agree that subject to terms hereof, any dispute, claim, or controversy between you and the Company that arises in connection with, or relating in any way, to these Terms, or to your relationship with the Company as a user of the Services (whether by contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by a mandatory final and binding individual arbitration. You and the Company further agree that the arbitrator will have the exclusive power to rule on his or her jurisdiction, including, without limitation, any objections with respect to the existence, scope, or validity of the Agreement to Arbitrate, or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court, including, if applicable, attorney fees, except the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. The parties agree that the arbitration will be kept confidential.

12.3. Any dispute arising out of or in connection with these Terms including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in these Terms. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English.

12.4. The governing law of the arbitration will be that of England and Wales.

13. General.If any part of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties. No waiver by us of a breach of any of the provisions of terms of these Terms shall be construed as a waiver of any preceding or succeeding breach of any of the provisions of these Terms. Nothing in these Terms shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and the Company. These Terms contain the entire agreement between the Company and You relating to your use of the Services and supersedes any and all prior agreements between the Company and You in relation to the same. You confirm that, in agreeing to accept these Terms, you have not relied on any representation except as has expressly been made by the Company in these Terms. You may not assign your rights or delegate your obligations under these Terms without the Company’s prior written consent. Any purported assignment contrary to this section will be null and void. the Company may assign its obligations hereunder. There are no third-party beneficiaries to these Terms. Without limiting this section, Users are not third-party beneficiaries to your rights under these Terms.