TERMS AND CONDITIONS

These TERMS AND CONDITIONS (this "Agreement") are agreed to between BRAND EL SALVADOR S.A. DE C.V. Salvadorian corporation (“BRAND”, “we” or “us”) and you (“You” or “Your”) and govern Your use of and access to the BRAND Platform.

BRAND provides a complex cryptocurrency payment processing platform, which includes mobile applications and websites, collectively referred to as the "Platform." Within the context of this Agreement, the "Platform" encompasses all related mobile applications, websites, Services, and Content (defined further below). The Platform enables Entities, along with their employees and contractors (individually referred to as a "User"), to carry out cryptocurrency transactions and authenticate customer identities, as detailed within the Platform itself (“Services"). Prior to becoming a User or accessing or utilizing the Platform, You must consent to the terms outlined in this Agreement. If You and BRAND have not both signed an authorized distinct agreement concerning the Platform ("Separate Agreement"), this Agreement stands as the sole and definitive contract between You and BRAND. It governs Your access to and use of the Platform, overriding any previous verbal or written proposals, unsigned agreements, or other communications between You and BRAND on this subject.

PLEASE REVIEW THIS AGREEMENT THOROUGHLY. YOUR ACCESS TO OR USE OF THE PLATFORM, OR YOUR CLICKING ON A BOX INDICATING YOUR ACCEPTANCE OR AGREEMENT TO THESE TERMS, SIGNIFIES THAT YOU HAVE READ AND CONSENT TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU ARE ACTING ON BEHALF OF ANOTHER ORGANIZATION OR ANY KIND OF BUSINESS ENTITY (collectively referred to as "ENTITY"), YOU ASSERT THAT YOU POSSESS THE AUTHORITY TO COMMIT THAT ENTITY TO THIS AGREEMENT. IF YOU LACK SUCH AUTHORITY OR IF YOU DISAGREE WITH THE TERMS OF THIS AGREEMENT, REFRAIN FROM ACCESSING OR USING THE PLATFORM OR INDICATING YOUR ACCEPTANCE OR AGREEMENT TO THESE TERMS. IF YOU DISAGREE WITH THIS AGREEMENT OR FAIL TO MEET THE STIPULATED QUALIFICATIONS WITHIN IT, BRAND WILL NOT GRANT YOU PERMISSION TO ACCESS OR UTILIZE THE PLATFORM, AND YOU MUST REFRAIN FROM DOING SO.

THIS AGREEMENT INCLUDES AN ARBITRATION CLAUSE, RESTRICTING YOUR ABILITY TO PURSUE LEGAL ACTION IN COURT OR HAVE DISPUTES RESOLVED BY A JUDGE OR JURY, AND ALSO CONTAINS TERMS THAT LIMIT BRAND'S LIABILITY TOWARDS YOU. ANY VIOLATION OF A PROVISION IN THIS AGREEMENT WILL IMMEDIATELY AND AUTOMATICALLY, WITHOUT NEED FOR FURTHER NOTICE OR ACTION, REVOKE AND TERMINATE YOUR RIGHT TO ACCESS THE PLATFORM.

1. Term. This Agreement takes effect on the earlier date of when You first access or use the Platform (known as the "Effective Date") and will remain in force until terminated according to the provisions contained within. If You have a Separate Agreement that includes a mutually agreed-upon term, the duration of this Agreement will be governed by that specific term.

2. Changes to the Platform. BRAND retains the authority to alter the Platform and the terms of this Agreement at any time, either by posting those changes on the Platform or by notifying You in the manner outlined in this Agreement. Such modifications will become effective once they are posted to the Platform or upon delivery of the relevant notice, unless the law stipulates otherwise. If You disagree with any alteration, You have the option to stop using the Platform or to terminate this Agreement. Nevertheless, Your ongoing use of the Platform after receiving such notice will be construed as Your acceptance of all subsequent modifications.

3. Eligibility. The Platform is designed for use by those who are 18 years of age or older. Furthermore, to access and utilize the Platform, You may have to meet specific legal requirements or standards as mandated in Your jurisdiction. BRAND does not claim that the Platform is suitable or accessible for use in every jurisdiction. Access to or use of any part of the Platform is forbidden in jurisdictions where such access or use is prohibited.

4. Accounts and Conduct

4.1. Account Creation and Responsibility. To become a User, You must create an account on the Platform (referred to as an "Account"). BRAND has the exclusive right to approve or deny Your request to create an Account. Each Account, along with the User identification and password (collectively known as the "Account ID"), is designated solely for Your use and may only be accessed by You and those employees and contractors You have authorized. You are prohibited from sharing or transferring Your Account or Account ID, or from granting third-party access rights to them. You bear full responsibility for all activities conducted through Your Account on the Platform. Any transactions carried out through Your Account or under Your Account ID will be considered as lawfully executed by You. You must safeguard the security and confidentiality of Your Account ID and promptly notify BRAND by email at operations@brand.com if it is lost, stolen, or compromised in any way. When creating an Account, You will be required to provide specific information about Yourself ("Registration Information"). You agree to: (1) ensure that all Registration Information is accurate and complete; and (2) update Your Registration Information promptly to keep it current and accurate. You are not permitted to: (a) choose or use an Account ID with the intention of impersonating another person; or (b) use an Account ID that BRAND may find offensive, at its sole discretion.

4.2. Your Content. You bear sole responsibility for all Content that you provide, upload, submit, post, or generate through your access to or use of the Platform, including interactions with other Users ("Your Content"). This responsibility includes handling any disputes that may arise between You and any User or other Entity due to Your Content. By engaging in these actions with Your Content, you grant BRAND, along with its authorized representatives and contractors, a continuous, non-exclusive right and license to utilize, process, store, transmit, and disclose Your Content to (a) deliver the Services and meet other obligations outlined in this Agreement; and (b) further develop and offer services to BRAND's customers. You acknowledge that Your Content may be visible to, sent to, and viewed by other Users in certain situations, and you explicitly relinquish any privacy rights you might otherwise have in Your Content in those contexts. You consent to allow us, at our sole discretion, to share Your Content with other Users for identity verification Services, as described below. You affirm, guarantee, and pledge that Your Content: (a) complies with this Agreement and all relevant laws; (b) is not slanderous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; (c) does not infringe or misappropriate the Intellectual Property Rights (IPR, as defined later) or other rights of any third party; (d) is not an advertisement or solicitation for funds, goods, or services; (e) is not false, misleading, or inaccurate; and (f) cannot be classified as junk mail, spam, part of a pyramid scheme, or a disruptive commercial message or advertisement. BRAND holds no responsibility or liability for any deletion, correction, destruction, damage, loss, or failure to store or back up any of Your Content. You confirm that You possess all necessary rights, titles, interests, and consents in Your Content to permit BRAND to use Your Content for the purposes for which You provide it to BRAND.

4.3. Your Conduct. You commit to refraining from harassment, promoting harassment, or engaging in any behavior that is abusive or detrimental to any individual or Entity. While we retain the right to investigate and/or restrict any conduct, or to remove or reject any Content (including Your Content) that we, at our sole discretion, consider to be unlawful, harmful, in violation of this Agreement, or otherwise objectionable to You, the Platform, Users, our customers, our rights, or any Entity, we are not obligated to do so. We bear no liability for any action or lack of action regarding Your conduct, communication, transactions, or Content. Moreover, we may disclose any Content or electronic communication of any kind: (i) to comply with any legal requirement or governmental authority request; (ii) if such disclosure is essential or suitable for operating the Platform; (iii) to safeguard our rights or property, our Users and customers, You, or any other Entity; or (iv) if we decide, at our sole discretion, that such Content or electronic communication should be reported to law enforcement or other governmental authorities.

4.4. Retention. BRAND will retain Your Content and Account information in accordance with its Privacy Policy, which can be found at https://https://brand.com/ privacy_policy ("Privacy Policy”).

5. Access.

5.1. Access to BRAND Platform. Provided that You adhere to this Agreement, BRAND will allow You to access and utilize the Platform exclusively for lawful non-consumer business activities, in line with the terms of this Agreement and any other agreement You consent to prior to accessing specific areas of the Platform. BRAND mandates that You facilitate Bitcoin and Tether acceptance through the platform and choose whether You are interested in secure bank transfers as well. Any terms from additional agreements will supplement the terms of this Agreement and will also regulate Your use of the parts of the Platform to which the supplementary agreement applies. Should there be a discrepancy between the terms of this Agreement and the additional agreement, the provisions of the additional Agreement will take precedence.

5.2. Access to Content. Unless specifically indicated on the Platform, all Content available through the Platform ("Platform Content" or "Content"), excluding Your Content, is the property of BRAND, the Users who provided that Content, or BRAND's other Content providers. Platform Content is intended solely for informational purposes, and You alone are responsible for confirming the accuracy, completeness, and relevance of all Platform Content as it pertains to Your use of such Content. Provided that You comply with this Agreement, You may access the Platform Content exclusively for Your internal business needs in conjunction with Your use of the Platform. You must not, nor allow any third party to: (a) change, modify, replicate, or create derivative works from any Platform Content; (b) distribute, sell, resell, lend, loan, lease, license, or transfer any Platform Content; or (c) alter, conceal, or remove any copyright, trademark, or other notices associated with any Platform Content. BRAND has not confirmed the accuracy of, and will not be accountable for, any inaccuracies or omissions in any Platform Content. Without restricting the above, BRAND will not be liable to You or any third party for any Platform Content (or any other Content, including Your Content) under any legal framework. Except as outlined in this Agreement, no licenses or rights concerning any Platform Content, or any Intellectual Property Rights (IPR, as defined later) related to it, are granted to You.

5.3. Regarding Third-Party Sites and Services. The Platform may include links to third-party sites that are beyond BRAND's control. Unless explicitly stated otherwise, any site accessed from the Platform operates independently from BRAND, and BRAND has no control over, nor responsibility for, its content. Links to third-party websites are supplied solely for Your convenience, and You may choose to access them at Your own risk. You recognize and agree that BRAND will not be held accountable, either directly or indirectly, for any damage or loss alleged or caused by or in connection with the use of or reliance on any content, goods, or services available through any third-party website or resource. Your interaction with and use of third-party sites are subject to the specific terms of use and privacy policies governing those third-party sites.

5.4. Regarding Third-Party Services. The Platform may present You with the opportunity, and certain features of the Platform may necessitate You, to gain access to services, content, functionality, software, and other items created, supplied, or maintained by third-party service providers (collectively referred to as “Third Party Services”). All Third Party Services are delivered by third parties and are not governed by BRAND. You recognize and agree that BRAND will not be held accountable, either directly or indirectly, for Your access to or utilization of any Third Party Services, including any damages, losses, liabilities, failures, or issues stemming from, related to, or arising out of any Third Party Services. Your interaction with and use of any Third Party Services are exclusively between You and the third-party provider of those services. Your access to and utilization of any Third Party Services are subject to any supplementary terms, conditions, agreements, or privacy policies associated with or entered into concerning the Third Party Services (collectively referred to as a “Third Party Agreement”). The stipulations of any Third Party Agreement (which may include the payment of additional fees) will apply solely to the relevant Third Party Services provided under that specific agreement and will not otherwise affect Your access to or use of the Platform. In the event of a discrepancy between the terms of this Agreement and a Third Party Agreement, the terms of the Third Party Agreement will prevail concerning Your access to and use of the Third Party Services provided under that specific agreement. In all other aspects, this Agreement will continue to govern.

5.4.1. The Platform may grant Users the ability to access an exchange feature facilitated through BRAND's liquidity providers, OKX and OKCoin. Users who utilize this exchange functionality must adhere to OKX’s and OKCoin’s Terms of Service, which are available at: https://www.okx.com/help-center/360021813691 and https://support.okcoin.com/hc/en-us/articles/360059514492-Terms-of-Service Since both third parties provide exchange and liquidity services through their API integration with BRAND, both are custodians of the liquid funds available for exchanging

5.4.2. The Platform may also grant Users the ability to purchase Bitcoin and Tether through BRAND’s On-Ramp Card’s provider named Simplex. Users who utilize this functionality must adhere to Simplex’s Terms of Service, which are available at: https://www.simplex.com/terms-of-use/payment-terms

6. Services.

6.1. Transactions. Any transaction carried out through the Platform will be governed by the cryptocurrency exchange rate and other terms as solely determined by BRAND. By authorizing a transaction, You agree to be bound by the exchange rate and terms specific to that transaction, in addition to the terms of this Agreement. The terms set by BRAND will prevail in all instances, except when they conflict with or breach this Agreement, violate relevant law, or if both transaction parties agree to modify the transaction's terms and conditions. You conduct all transactions through the Platform entirely at Your own risk. You must only communicate about a potential transaction using the Platform's chat feature. For every transaction, You alone are responsible for verifying (a) Your customer's identity and payment details, (b) Your full receipt of payment, and (c) that payment was executed according to the instructions provided through the Platform. You affirm, guarantee, and pledge that You will not engage in, attempt to engage in, or receive payments from or to any person or Entity that is (x) a third party, other than Your customer, or (y) currently under any national or international sanction list. Once a transaction is approved by You, it cannot be canceled, reversed, disputed, or otherwise altered, and Your assets cannot be recovered or returned. After a transaction has been initiated, BRAND has no control over it, and it can only be finalized by confirmation through the underlying blockchain network. You bear sole responsibility for such confirmation and acknowledge that BRAND has no liability in this regard. You must inform BRAND of any discrepancies in payment transactions within 180 days from the date the original transaction was initiated.

6.2. Identity Verification. In compliance with section 326 of the USA Patriot Act, BRAND must implement a Customer Identification Program (CIP) that involves obtaining, verifying, and recording information to identify each Client who opens an account on the platform. Upon BRAND's request, You will promptly supply any and all Content, including Your full name and any necessary documents or photographs, to enable BRAND to confirm Your identity. You hereby affirm, guarantee, and pledge that such Content is precise, up-to-date, and complete. BRAND retains the right to suspend Your Account until Your identity has been authenticated in accordance with this Section, and to terminate Your Account if You fail to fulfill Your obligations under this Section. You, both individually and on behalf of the Entity You represent (if acting in a representative capacity), grant BRAND and its agents the authority to conduct investigative inquiries and request third-party reports as deemed necessary to confirm the identity of You, Your principals, and other agents.

7. Fees. You are obligated to pay BRAND all fees ("Fees") associated with accessing and using the Platform, as detailed in the following fee schedule: https:// brand.com/fees, or as stipulated in a Separate Agreement. BRAND reserves the right to alter the Fees at any time without prior notice, and You are responsible for verifying the applicable Fees before proceeding with any transaction. You hereby authorize BRAND to charge or deduct funds from Your custodian wallet hosted on the Platform (or other applicable cryptocurrency wallet, credit card, debit card, online payment account, or other payment method) for all Fees incurred under this Agreement. Once paid to BRAND, all Fees become non-refundable, including in the event of termination or suspension of this Agreement. Any overdue amounts will accrue an additional charge of the lesser of 1.5% per month or the maximum amount allowed by applicable law, until paid in full. Should BRAND need to engage collection agencies, attorneys, or courts for the collection of Your account, You will bear those expenses. You will also be responsible for any and all use, sales, and other taxes imposed on Your access to and use of the Platform.

8. Termination. Either party may terminate this Agreement at any time, at their sole discretion, by providing notice to the other party as allowed under this Agreement. Upon termination of this Agreement for any reason: (1) all rights granted to You under this Agreement will cease; (2) You must immediately stop all use of and access to the Platform and all Services, including Your Content and any Platform Content You acquired before termination; and (3) BRAND may, at its sole discretion, delete Your Account or Your Content at any time. Your Content may remain on the Platform and be accessible to Users after this Agreement's termination unless You actively remove it or request deletion from BRAND support. If cryptocurrency assets are associated with Your Account, You must promptly provide BRAND with a valid Bitcoin or Tether addresses following termination. BRAND will then send your cryptocurrency holdings into Your specified crypto addresses minus any relevant transaction fees, within a reasonable time after receiving Your request. Sections 7 (Fees), 8 (Termination), 10 (Platform Technology), 11 (Ownership), 12 (Feedback), 14 (Representations and Warranties), 15 (Disclaimers), 16 (Indemnity), 17 (Limitation on Liability), 18 (Data Privacy), 19 (TCPA Consent), 20 (Claims of Infringement), 21 (Force Majeure), 22 (Arbitration), 23 (Class Action Waiver), 24 (Governing Law and Venue), 25 (Notices), 26 (Interpretation), and 27 (Additional Terms) will continue to be effective after this Agreement's expiration or termination.

9. Suspension. In addition to BRAND's right to terminate this Agreement, BRAND may also suspend Your access to Your Account and the Platform (including Your Content), with or without notifying You, in the event of an actual, threatened, or suspected violation of this Agreement or applicable law. Suspension may also occur if BRAND deems any conduct by You to be inappropriate or harmful to BRAND itself, the Platform, or any other BRAND customer or User.

10. Platform Technology. The Platform's technology, including databases, software, hardware, and other elements used by or on behalf of BRAND to run the Platform, as well as the structure, organization, underlying data, information, and software code (collectively referred to as the “Technology”), may be considered valuable trade secrets of BRAND. You are prohibited from, and must not allow any third-party to: (1) access or attempt to access the Technology, except as explicitly stated in this Agreement; (2) use the Technology in an unlawful way or in any manner that might harm, disable, overburden, or impair the Technology; (3) employ automated scripts to gather information from or otherwise engage with the Technology; (4) change, modify, replicate, or create derivative works from the Technology; (5) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any rights to access or use the Technology, or make it available to any thirdparty; (6) reverse engineer, disassemble, decompile, or try to uncover the Technology's method of operation; (7) attempt to bypass or overcome any technological protection measures designed to limit access to any part of the Technology; (8) monitor the Technology's availability, performance, or functionality; or (9) disrupt the Technology's operation or hosting. While BRAND employs reasonable methods to safeguard the Platform's security, You acknowledge that perfect security on the internet is unattainable, and thus, Your Content may be vulnerable in the event of a security breach.

11. Ownership. BRAND maintains all rights, title, and interest, including but not limited to all intellectual property rights (IPR, as defined below), in the Technology, as well as any additions, improvements, updates, and modifications to it. You are not granted any ownership interest in the Technology, nor any right or license to use the Technology itself, beyond your ability to access the Platform as outlined in this Agreement. The BRAND name, logo, and all product and service names related to the Platform are trademarks of BRAND and its licensors and providers, and you are not granted any rights or licenses to use them. Within the context of this Agreement, “IPR” refers to all intellectual property rights, proprietary rights, publicity rights, privacy rights, and any other legal rights protecting data, information, or intangible property globally, including but not limited to copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, suigeneris rights in databases, and contractual rights.

12. Feedback. You acknowledge that any feedback, ideas, or suggestions you provide to BRAND concerning the Platform, its underlying Technology, or any potential enhancements (collectively referred to as the “Feedback”) will become the sole property of BRAND. If you hold any rights in the Feedback, you agree to, and hereby do, transfer all rights, title, and interest in the Feedback to BRAND. You commit to carrying out any actions reasonably requested by BRAND to establish and enforce these rights.

13. Availability. BRAND will make reasonable efforts to enable access to the Platform in line with this Agreement, but does not assure that the Platform will be accessible at all times. BRAND will strive to notify you of scheduled maintenance when possible. You acknowledge and accept the risks that come with the possibility of not always being able to use the Platform or conduct transactions through Your Account.

14. Representations and Warranties.

14.1. General. You affirm and guarantee to BRAND that: (a) You possess the legal capacity and authority to enter into this Agreement; (b) this Agreement constitutes a legally binding commitment on Your part; and (c) You have the legal capacity and authority to fulfill Your responsibilities under this Agreement and to bestow the rights and licenses outlined in this Agreement.

14.2. Compliance with Laws. You recognize that the Platform is a general-purpose online service and is not tailored to ensure compliance with any particular law. It is solely Your responsibility to use the Platform in accordance with any specific laws, rules, or regulations that apply to You, including any data or information You may provide or generate through the Platform. BRAND bears no responsibility for facilitating Your compliance with such laws or for any failure on Your part to comply. Regardless of where You use or access the Platform, You assure and guarantee to BRAND that Your use of and access to the Platform, including but not limited to Your Content and any other data or information You may provide or generate through the Platform, will adhere to all relevant laws, rules, and regulations, and will not lead BRAND to violate any applicable laws. This obligation encompasses adherence to all laws relevant to the transmission of data on the internet, including but not limited to laws governing the international transmission of data or funds, into restricted countries, and those containing financial, technical, and/or personally identifiable information.

14.3. Restricted Businesses.

Certain categories of businesses and business practices may be barred from utilizing BRAND's payment services, referred to as "Restricted Businesses." These limitations may be enforced through Network Rules or the stipulations of BRAND's Payment Solutions and Financial Services Providers.


Some businesses listed below might qualify for processing, but only with explicit prior consent from BRAND. It should be noted, however, that businesses engaged in offering illegal products or services are never permitted to use BRAND Services. The types of businesses mentioned in the right column are indicative but not comprehensive. If you are unsure whether your business falls under the category of a Restricted Business or have inquiries about how these requirements pertain to you, please reach out to BRAND.

By signing up with BRAND, you affirm that you will not employ the Service to accept payments related to the following businesses, activities, or practices without obtaining prior written authorization from BRAND:

Financial and professional services.

CategoryDescriptionMoney and legal servicesFinancial entities, money transfer services, and money service businesses, including but not limited to check cashing, wire transfers, money orders; currency exchange or dealing; payment services for bills; crowdfunding platforms; insurance providers; bail bond services; debt collection agencies; legal firms that collect funds for reasons other than paying for services rendered by the firm itself (for example, firms are not permitted to use BRAND to retain client funds, gather or settle disputed amounts, or manage collection funds, etc.)Intellectual property or proprietary rights infringementThe sale, distribution, or provision of access to counterfeit music, films, software, or other materials that are licensed, without proper authorization from the rights holder; any goods or services that directly violate or assist in the infringement of trademarks, patents, copyrights, trade secrets, or the proprietary or privacy rights of a third party.Counterfeit or unauthorized goodsFake or imitation products, commonly known as "Replica"; unauthorized selling or reselling of branded or designer items or services; offering goods or services that have been unlawfully imported or exported.Illegal GamblingLotteries; bidding fee auctions; sports forecasting or odds making for a monetary or material prize; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance including legal or illegal forms of gambling, internet gambling, sweepstakes, and contests with a buy-in or cash prize; charity sweepstakes and raffles for the explicit purpose of fundraisingGet rich quick schemesInvestment prospects or services that pledge substantial returns or high rewards.pay-toremove sitesPlatforms that enable the posting and removal of content (such as mug shots), with the main intent of such content being to create or amplify concerns about damage to reputation.No-valueadded servicesSelling or reselling a service without providing additional value to the purchaser; unauthorized resale of government services without added benefit; websites that, in our sole judgment, are determined to be unjust, misleading, or exploitative towards consumers.AggregationParticipating in any licensed or unlicensed gathering of funds due to third parties, factoring, or other actions designed to conceal the source of funds; facilitating payments.Drug paraphernaliaAny devices or equipment intended for the creation or consumption of drugs, including items like bongs and vaporizers.High risk businessesBankruptcy attorneys; remote tech support; psychic offerings; essay-writing services; chain letters; door-to-door sales; medical benefit packages; telemedicine and telehealth services; travel booking services and clubs; airlines; cruises; timeshares; devices for circumvention, jamming, and interference; prepaid phone cards and services; telemarketing; offers of significant rebates or special incentives to encourage the purchase of products or services; equipment for manipulating telecommuni

cations; forwarding brokers; negative response marketing; subscriptions exceeding one year; extended warranties; government grants; foreign embassies, consulates, or governments; unregistered charities; credit card and identity theft protection; using credit to pay for lending services; any businesses perceived to present heightened financial risk, legal liability, or that violate card network or bank policies; any entity or organization that either a. engages in, supports, promotes, or celebrates illegal violence or physical harm to people or property, or b. involves itself in, encourages, promotes, or celebrates illegal violence against any group based on race, religion, disability, gender, sexual orientation, national origin, or any other fixed characteristic.Multi-level marketingPyramid schemes and multi-level marketingPseudo pharmaceutic alsNutraceuticals, pseudo-pharmaceuticals, and other products that present unverified or false health claims not sanctioned or confirmed by the relevant local and/or national regulatory authority.Social media activitySelling Twitter followers, Facebook likes, YouTube views, and other types of social media engagement or online traffic.Substances designed to mimic illegal drugsSelling legal substances that mimic the effects of illegal drugs (e.g., salvia, spice, etc.).

15. Disclaimers.

15.1. Absence of Tax, Legal, Financial, or Investment Guidance. Content available on the Platform should not be construed as offering tax, legal, financial, or investment advice. BRAND does not have a unique or fiduciary relationship with you, and using the Platform does not establish such a connection. You recognize and agree that you are solely accountable for performing legal, accounting, and other due diligence examinations on the information presented on the Platform.

15.2. Recognition of Cryptocurrency Risk. BRAND does not vouch for or guarantee the dependability or accuracy of any Content accessed or distributed through the Platform, and has not conducted any inquiries into such Content. Consequently, BRAND will not be held responsible for any investment decisions or transactions made based on any Content found on the Platform. Relying on such Content is entirely at Your own risk. You further recognize and agree that any investment or transaction, especially those involving cryptocurrency, carries significant financial risk. You alone are responsible for assessing the appropriateness of Your investments and transactions, and You accept the risks associated with such decisions, including the potential loss of the entire principal amount.

15.3. Disputes Over Transactions. BRAND's role in digital transactions on the Platform is limited to that of a payment processor. Should a conflict arise between You and a User or customer regarding a transaction (referred to as a "Transaction Dispute"), the responsibility for resolving the Transaction Dispute lies solely with You and the involved User or customer. BRAND renounces any liability connected to or stemming from a Transaction Dispute and will not intervene, attempt to settle, or otherwise engage in any Transaction Dispute.

15.4. General Disclaimer. THE PLATFORM IS OFFERED "AS IS" AND "AS AVAILABLE," WITHOUT ANY GUARANTEES OR WARRANTIES. BRAND AND ITS PROVIDERS MAKE NO ASSURANCES REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, SUITABILITY, OR RELIABILITY OF ANY SERVICES OR CONTENT, AND DO NOT ENDORSE ANY VIEWS OR OPINIONS EXPRESSED OR SHARED THROUGH THE PLATFORM. ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED BY BRAND AND ITS PROVIDERS. THE PLATFORM DOES NOT GUARANTEE THE RELIABILITY, INTEGRITY, SECURITY, COMPLETENESS, OR CURRENTNESS OF ITS SERVICES, AND DOES NOT ENDORSE ANY VIEWS OR OPINIONS EXPRESSED BY USERS. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY BRAND, ITS EMPLOYEES, PROVIDERS, OR AGENTS SHALL CONSTITUTE A WARRANTY. BRAND AND ITS PROVIDERS SPECIFICALLY DISCLAIM ANY GUARANTEE THAT THE PLATFORM WILL MEET YOUR NEEDS, OR THAT IT WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

16. Indemnification. You agree to indemnify, defend, and hold BRAND and its officers, directors, shareholders, affiliates, employees, agents, contractors, assigns, Users, customers, providers, licensees, and successors in interest (collectively referred to as the "Indemnified Parties") harmless from and against any and all claims, losses, liabilities, damages, fees, expenses, and costs (including legal fees, court costs, damage awards, and settlement amounts) arising from or related to: (1) Your access to or use of the Platform; (2) any Content, including Your Content or Account information, that You provide through the Platform; and (3) Your violation of any representation, warranty, or other provision of this Agreement. BRAND will notify You of any such claim or allegation and reserves the right to participate in the defense of the claim at its own expense.

17. Limitation of Liability. BRAND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE CAUSE, UNDER ANY LEGAL THEORY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR ANY OTHER BASIS), RESULTING FROM OR RELATED TO THE USE OF THE PLATFORM, EVEN IF BRAND HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES BUT IS NOT LIMITED TO ANY LOSS OF CONTENT, DATA, OPPORTUNITY, REVENUES, PROFITS, BUSINESS INTERRUPTION, OR THE ACQUISITION OF SUBSTITUTE GOODS OR SERVICES. BRAND'S TOTAL LIABILITY IN CONNECTION WITH THIS AGREEMENT AND THE PROVISION OF THE PLATFORM, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE FEES YOU HAVE PAID TO BRAND FOR ACCESS TO AND USE OF THE PLATFORM IN THE TWELVE MONTHS PRIOR TO THE CLAIM. YOU ACKNOWLEDGE THAT BRAND WOULD NOT HAVE AGREED TO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON LIABILITY. IN PLACES WHERE THE LAW DOES NOT ALLOW FOR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, BRAND'S LIABILITY SHALL BE RESTRICTED TO THE FULLEST EXTENT LEGALLY PERMISSIBLE.

18. Data Privacy. You explicitly agree to the handling and disclosure of Your personal identifiable information and Your Content in accordance with the Privacy Policy. Despite what is stated in the Privacy Policy, BRAND reserves the right to gather, extract, compile, synthesize, and analyze data or information that is not personally identifiable, stemming from Your use of and access to the Platform. If BRAND collects or generates such non-personally identifiable data or information, it will be the exclusive property of BRAND. BRAND may utilize this information for any lawful business purpose without owing You an explanation, as long as the information is used in an aggregated manner that does not directly identify You or any other individual or entity as the origin of that information.

19. TCPA Consent. Regardless of any previous choices to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages) from BRAND or its representatives, You explicitly agree to be contacted by BRAND or anyone acting on our behalf for any purposes connected to this Agreement or Your use of the System or Services. This contact may occur at any phone number or physical or electronic address that You provide or can be reached at. You consent to BRAND contacting You through various means, including but not limited to SMS messages (including text messages), calls with prerecorded messages or artificial voices, and calls and messages sent using an auto-dialing system or automatic texting system. Automated messages may be played when the call is answered, whether by You or another person. If an agent or representative calls, they may also leave a message on Your answering machine, voice mail, or send a text message. You agree to receive SMS messages (including text messages), calls, and messages (including prerecorded, artificial voice, and auto-dialed) from BRAND, its agents, representatives, affiliates, or anyone acting on our behalf at the specific numbers You've provided or numbers associated with Your Account, regarding Your Account or use of the System or Services. You affirm that the phone numbers You've provided are Your contact numbers and that You are authorized to receive calls at these numbers. You agree to notify us promptly if You cease using a particular phone number. Your mobile or cellular provider may charge You based on Your plan. You also consent to us contacting You by email at any address You have or will provide to us. We may listen to and/or record phone calls between You and our representatives without notifying You, as allowed by applicable law, for quality monitoring purposes.

20. Force Majeure. Neither party shall be held liable for failure or delay in fulfilling its obligations under this agreement if such failure or delay is caused by circumstances beyond its reasonable control. This includes, but is not limited to, acts of God, government actions (including regulations, enforcement, controls, or restrictions on cryptocurrency, blockchain, the System, or the Service), war or national emergency, riots or insurrections, sabotage, embargoes, fires, floods, accidents, strikes or other labor issues, or interruptions or delays in third-party-controlled systems, power, or telecommunications.

21. Arbitration. If a dispute, controversy, or claim arises under, out of, or relating to this Agreement, including matters of formation, validity, binding effect, interpretation, performance, breach or termination, and the arbitrability of issues (collectively referred to as a “Dispute”), the parties will attempt to resolve it through negotiation within 5 days of receiving notice of the Dispute. If the Dispute is not resolved within this period, it will be settled through binding arbitration under the rules of the Chamber of Commerce of San Salvador in effect at that time.

Either party may initiate the arbitration by submitting a request as specified in the Chamber of Commerce rules. The arbitration will be conducted by a single neutral arbitrator agreed upon by both parties. If the parties cannot agree on an arbitrator within 30 days from the request for arbitration, the Chamber of Commerce rules will guide the selection of the arbitrator.

The arbitration will be conducted in Spanish at a location specified by BRAND in San Salvador, El Salvador. The arbitrator's award will be the sole remedy for all claims, counterclaims, or other issues presented, and the prevailing party's costs, fees, and expenses will be borne by the non-prevailing party. The award may be enforced in any court or governmental body with jurisdiction over the matter. Any additional costs incurred in enforcing the award may be charged to the resisting party.

However, BRAND may choose to exclude the following matters from binding arbitration: (a) any dispute concerning BRAND’s or its suppliers or service providers’ intellectual property rights (IPR); (b) any dispute related to or arising from allegations of criminal activity; or (c) any claim for injunctive relief.

22. Governing Law and Venue. The interpretation and enforcement of this Agreement, including any associated rights and obligations, negotiations, arbitrations, or other proceedings, will be governed solely by the laws of El Salvador. Except for matters subject to Section 21 (Arbitration), both parties agree to: (a) submit to the personal jurisdiction of, and waive any objections to, the courts located in San Salvador, El Salvador; and (b) bring any action related to this Agreement exclusively in these courts.

23. Notices. Unless otherwise stated in this Agreement, any notices required or permitted under this Agreement must be sent to BRAND by postal mail at the following address:

°CALLEPONIENTEPSJ.STHALL,GOL. ESGALON,#3034, SAN SALVADOR, SAN SALVADOR. BRAND may deliver notices to You by emailing them to any email address You have provided in connection with Your Account. If the notice applies to both You and other Platform Users, BRAND may alternatively post the notice on the Platform. Notices sent to BRAND will be considered received when they are actually delivered. Notices sent to You will be considered delivered when posted on the Platform or sent via email, unless the law requires otherwise or (in the case of email) the sender is notified that the email address is invalid.

24. Interpretation. The terms used in this Agreement are defined within the Agreement itself or, if not defined, have their ordinary meaning as commonly understood in El Salvador. If there is a conflict between a translated version of this Agreement and the Spanish language version, the Spanish version will prevail. In interpreting this Agreement: (1) headings are for reference only and do not affect the interpretation; (2) singular terms include the plural, and vice versa; (3) phrases like "includes," "including," "for example," "such as," and similar expressions are not limiting; (4) no party will be disadvantaged in the interpretation of this Agreement simply because they were responsible for its drafting; (5) "law" refers to any foreign, country, state, or local law, statute, standard, code, ordinance, rule, regulation, or order by any governmental authority, including common law; and (6) "governmental authority" means any government, governmental or regulatory body, political subdivision, agency, instrumentality, authority, court, or arbitrator, whether country, state, local, or foreign, public or private.

25. Additional Terms. This Agreement constitutes the entire and exclusive understanding between You and BRAND concerning Your access to and use of the Platform. Aside from any Separate Agreement that may be executed concerning BRAND's Services, this Agreement replaces any previous agreements or communications, whether oral or written, between You and BRAND regarding the use of the Platform. This Agreement can only be amended or modified by a written document signed by both parties. BRAND's waivers under this Agreement must be in writing or later confirmed in writing. A waiver or failure by BRAND to enforce a provision of this Agreement at one time will not be considered a waiver of any other provision or of that provision at another time. If any part of this Agreement is found to be unenforceable, it will be modified to comply with the law and reflect as closely as possible the original intent, while the rest of the Agreement will remain in effect. The winning party in any legal action related to this Agreement will be entitled to costs, expert witness fees, and reasonable attorneys' fees, including those on appeal. You may not assign or transfer this Agreement or any of your rights or obligations without BRAND's prior written consent. Any unauthorized assignment will be null and void. BRAND may assign this Agreement to anyone who takes on its obligations. The parties are independent contractors and not agents, employees, employers, or joint venture partners of each other, and neither has the right or ability to bind or obligate the other.