Terms & Conditions

Participation Agreement and Token Holder Terms & Conditions

1. Introduction

By clicking "Accept" on our website or by using BoulderTech's products and services, including participating in the tokenization of Real World Assets (RWA) using the ERC3643 standard, you agree to these Terms and Conditions ("Terms"). These Terms govern the relationship between you (the user) and BoulderTech, a leader in blockchain-based RWA tokenization.

BoulderTech Labs (SAC) Ltd., an exempted company incorporated in Bermuda with company number 202403209 whose registered address is at Crawford House, 50 Cedar Avenue, Hamilton, HM 11, Bermuda. BoulderTech, with its global reach and Latin American roots, is authorized and regulated by the Bermuda Monetary Authority to conduct Digital Assets Business under its Class T Digital Asset Business License under the Digital Asset Business Act 2018 of Bermuda and related regulations. This framework guides our operations in tokenizing assets, ensuring compliance with stringent KYC (Know Your Customer) processes as mandated by Bermuda's financial regulators. Our registration details, office location, and regulatory compliance information are transparently and available at anytime at https://bouldertech.fi

Acknowledgment of these Terms is a prerequisite for account registration, accessing, or using our platform, and for purchasing, holding, or using any tokenized assets issued by BoulderTech. It is imperative that you read, understand, and agree to be bound by these Terms. If at any point you do not agree with these Terms, you must discontinue the use of our platform and services.

2. Amendments and Modifications

BoulderTech reserves the right to update, amend, vary, or modify these Terms periodically. Any significant changes will be communicated via our website or other appropriate channels. For material changes, we will provide a 30-day notice period, during which your continued use of our platform or services will constitute acceptance of the revised Terms. Non-material modifications may become effective immediately upon notification.

In certain scenarios, such as for reasons of enhanced security, legal compliance, or regulatory adherence, we may make immediate changes to these Terms without prior notice. In such cases, we will endeavor to notify you as promptly as possible.

3. Segregated Account Provisions

BoulderTech is registered as a segregated accounts company pursuant to the Segregated Account Companies Act 2000 as amended (the “SAC Act”) of Bermuda. Any tokens issued by BoulderTech represent a digital representation of a traditional financial (TradFi) product, correlated to the value of underlying Real World Assets (RWAs) held in custody by a brokerage service. These tokens do not confer ownership rights, voting rights, or any governance control over the underlying assets.

These Terms constitute the Governing Instrument of the segregated account to which the RWAs are linked, outlining the rights, obligations, and interests of token holders. Token holders acknowledge that the tokens represent a contractual interest linked to the segregated account holding the underlying RWAs.

BoulderTech shall prepare financial statements annually in accordance with Section 16 of the SAC Act showing, amongst other things, the amounts credited and debited to each segregated account in that year and a statement of the assets and liabilities of such segregated account. BoulderTech shall procure that such financial statements are delivered to token holders and the segregated account representative as soon as reasonably practicable after all relevant accounting information and material is made available to BoulderTech to enable it to prepare the financial statements. Financial statements will be communicated to token holders via their email address on record or via other appropriate means as determined by BoulderTech. Token holders hereby waive any requirement that such financial statements be audited, unless an audit is required by applicable regulatory authorities.

3.1 Dividends and Redemptions Process

Tokenholders have the right to sell their tokenized RWAs through BoulderTech's platform. When a sell order is placed, BoulderTech facilitates the transaction through its brokerage and OTC service providers. The proceeds from the sale are converted and transferred back to the user in cryptocurrency, less applicable fees. All transactions and related activities are reflected in the user's portfolio on BoulderTech's web3 app.

For tokens that generate yield or dividends, BoulderTech facilitates the distribution of these earnings. Dividends received by the brokerage service are converted to stablecoin and distributed to the token holders via a distribution smart contract.

You acknowledge and agree that BoulderTech's liability to you for the performance and discharge of its obligations in respect of tokens held by you (whether arising under these Terms or otherwise) shall be limited to and payable solely from the assets held in the segregated account linked to the tokens. You shall have recourse only to the assets of the segregated account linked to your tokens in respect of any claim, action, demand, or right against BoulderTech or the segregated account linked to your tokens arising under the provisions of these Terms.

The assets of each segregated account of BoulderTech shall be held as a separate fund, not part of the general account of BoulderTech, and shall be held exclusively for the benefit of the holders of tokens linked to such segregated account and any counterparty to a transaction linked to such segregated account. The assets of a segregated account shall be available only to meet liabilities to the holders of tokens linked to such segregated account and creditors with claims linked to such segregated account. The assets of a segregated account shall not be available or used to meet liabilities to the shareholders of BoulderTech, account owners (i.e., token holders) in respect of other segregated accounts of BoulderTech, and creditors of BoulderTech who are not creditors with claims linked to the segregated account.

3.2 Governance and Voting Rights

Tokenholders do not have governance or voting rights regarding the underlying RWAs held in custody by BoulderTech's service providers. The tokens represent a digital representation of the underlying RWAs and are designed to correlate with the value of these assets. However, the tokens do not grant any ownership rights or entitlements over the actual assets. Instead, they allow tokenholders to benefit from the economic value of the RWAs through the ability to sell the tokens and receive a correlated value in cryptocurrency.

By using BoulderTech's services, you agree to these terms and acknowledge the limitations on governance and voting rights associated with the tokenized RWAs.

4. BoulderTech Account Registration

4.1 Eligibility

To be eligible for an account with BoulderTech and to use our services, you must meet the following criteria:

Supported Jurisdictions: Eligibility is limited to users from jurisdictions supported by BoulderTech. A comprehensive list of supported jurisdictions is available on our website or can be obtained by contacting our support team at [email protected].

Restricted Jurisdictions: Users from certain countries are not eligible to use our services due to legal and regulatory constraints. This list includes, but is not limited to, Abkhazia, Afghanistan, Angola, Belarus, Burundi, Central African Republic, Congo, Cuba, Ethiopia, Guinea-Bissau, Iran, Iraq, Ivory Coast, Lebanon, Liberia, Libya, Mali, Myanmar, Nagorno-Karabakh, Nicaragua, North Korea, Northern Cyprus, Russia, Sahrawi Arab Democratic Republic, Somalia, Somaliland, South Ossetia, South Sudan, Sudan, Syria, Ukraine, United States, Venezuela, Yemen, and Zimbabwe.

User Verification (KYC Compliance): All users, whether institutional or individual, must successfully complete our Know Your Customer (KYC) process. This is a mandatory step to access Boulder Tech by ensuring compliance with global anti-money laundering (AML) standards and other regulatory requirements.

Age Requirement: Users must be at least 18 years old or of legal age to form a binding contract in their jurisdiction.

Sanctions Compliance: Users, including institutions and individuals, must not be on any international sanctions lists.

Legal Use: All users agree to use their BoulderTech account and our services, including tokenized RWA products, for legal activities only. This prohibits uses such as illegal gambling, money laundering, fraud, terrorism financing, or any activities that violate applicable laws and regulations.

Restrictions for U.S. Persons: BoulderTech's services, including tokenized RWA products, are not available to U.S. Persons. By creating an account and using our services, you represent and warrant that you are not a U.S. Person as defined in our Terms and Conditions.

BoulderTech reserves the right to conduct thorough reviews and approve or deny account registrations. We may deny, suspend, or terminate an account for failure to meet these eligibility criteria or for other reasons at our discretion.

4.2 Restricted Locations, Access, and Services

You may not use our products and services if you are located in, or a citizen or resident of any jurisdiction where such use would be illegal or otherwise violate applicable laws or regulations. BoulderTech implements measures to restrict access from jurisdictions prohibited under these Terms.

4.3 Account Information

When registering for an account, you must provide accurate, complete, and up-to-date information. This includes personal and, if applicable, institutional details. It is essential to promptly update your account information to reflect any changes.

4.4 Account Security

You are responsible for maintaining the security of your account credentials. This responsibility includes using strong, unique passwords and enabling two-factor authentication (2FA). You must immediately inform BoulderTech of any unauthorized use of your account or security breaches. BoulderTech is not liable for losses arising from your failure to maintain the security of your account.

5. BoulderTech Privacy Policy

5.1 Overview

BoulderTech is dedicated to safeguarding the privacy and security of both your personal and institutional information. This Privacy Policy outlines our practices regarding the collection, use, storage, and disclosure of your information when you access or use BoulderTech's platform and services, including our tokenized RWA products. By agreeing to these Terms, you are also consenting to the terms of this Privacy Policy, which forms an integral part of our agreement.

5.2 Information Collection

In the process of account registration, accessing, or using our services, BoulderTech may collect various types of information. This includes, but is not limited to, personal information like your name and contact details, identification information, institutional information if applicable, and details about your transactions on our platform.

5.3 Information Use

The information collected is used to provide, maintain, and improve our services, to facilitate communication with you, and to comply with legal and regulatory requirements. We also use this information for other purposes as detailed in this Privacy Policy.

5.4 Information Sharing

We may share your information with third parties under certain circumstances, such as with service providers who assist in delivering our services, or when required by law. Any such sharing will be conducted in a manner that is consistent with this Privacy Policy, and your information will be protected by the third parties in accordance with our standards.

5.5 Data Security

BoulderTech implements reasonable technical, administrative, and physical security measures to protect your information from unauthorized access, use, or disclosure. Our commitment is to ensure the safeguarding of your data.

5.6 Data Retention

Your information is retained for as long as necessary to fulfill the purposes for which it was collected, comply with our legal obligations, resolve disputes, and enforce our agreements.

5.7 Your Rights

You have specific rights regarding your personal information, subject to applicable laws. These rights include accessing, updating, correcting, or deleting your information, and the right to object to or restrict certain processing activities. For more information or to exercise these rights, please contact us at [email protected] .

5.8 International Transfers

Your information may be transferred to, stored in, and processed in countries other than your own, where data protection laws might vary. By using our services, you consent to such international transfers of information.

5.9 Changes to Privacy Policy

BoulderTech reserves the right to update this Privacy Policy periodically. We will notify you of significant changes through our website or other appropriate means. Continued use of our services after such changes will be regarded as acceptance of the updated Privacy Policy. If you do not agree with the changes, you must cease using our services.

6. Use of Services

BoulderTech offers tokenized representations of traditional financial (TradFi) products, such as stocks and bonds, through a decentralized web3 application (dapp - decentralized app) accessible via a crypto wallet. The following terms govern the use of BoulderTech's services:

6.1 Access and Onboarding

To access BoulderTech's services, users must connect their web3 wallet to the dapp. Upon connection, users will initiate the signup process, which includes Know Your Customer (KYC) and Anti-Money Laundering (AML) verification conducted via third-party software, Persona (withPersona.com). Once the user's identity is verified and all checks are clear, the connected wallet address is whitelisted, enabling interaction with BoulderTech's smart contracts and tokens.

6.2 Purchasing Tokenized RWAs

Once verified and whitelisted, users can place buy orders for tokenized RWAs offered on BoulderTech's platform. The process involves the following steps:

• The user sends a buy order through the dapp, initiating a web3 transaction.

• The estimated value of the order is sent in stablecoin to a smart contract, which transfers the stablecoin to a segregated crypto account with our OTC service provider.

• The OTC provider converts the stablecoin to fiat and transfers the fiat to our brokerage service provider to place the order.

• Upon fulfillment of the order and custody of the TradFi product by our broker, the token representing the RWA is minted and sent directly to the user's wallet.

• These tokens are a crypto representation of the underlying RWAs and do not confer ownership rights, voting rights, or other specific asset rights. Token holders are exposed to the speculative nominal value of the token, representing the market value of the underlying RWA plus fees.

6.3 Dividends and Yield Distribution

For RWAs that generate dividends, the distribution process is as follows:

• Dividends paid through the brokerage service are converted to stablecoin by the OTC provider and sent to a distribution smart contract.

• The smart contract distributes the stablecoin to token holders, minus a 5% fee on the dividends generated.

• Users can claim accumulated dividends through the Portfolio dashboard by initiating a web3 transaction that calls the dividend distribution smart contract, resulting in the dividend being received in the connected web3 wallet.

6.4 Selling Tokenized RWAs

Users can sell their RWA-backed tokens through the same platform and in the same manner as the purchase process, following a reversed sequence of actions:

The user initiates a sell order, creating an on-chain transaction detected by BoulderTech's backend dashboard.

The backend sends the sell order to the brokerage via API, and the proceeds are processed similarly to the purchase process, with stablecoin ultimately transferred back to the user's wallet.

6.5 Portfolio Management and Transparency

All price interactions, yield generation, asset overviews, and transaction details are visible in the Portfolio tab on BoulderTech's web3 app. Users have sole custody and control over their wallets and the transactions approved from them. All on-chain transactions are immutable and irreversible, visible on the blockchain through a block explorer.

6.6 BoulderTech's Role and Responsibilities

BoulderTech is responsible for the functionality of the tokenization protocol and the smart contracts. At no point does BoulderTech act as a custodian of either the tokens or the RWAs; this responsibility is delegated to our service providers. Orders are sent directly and automatically to our service providers without BoulderTech taking custody. The prices of underlying RWAs provided on the platform are indicative, with actual prices including specific product-related fees.

By using BoulderTech's services, users agree to these terms and acknowledge the inherent risks and responsibilities associated with on-chain transactions and the tokenization of traditional financial products.

6.7 Conditions for Using the Services

In accessing or using BoulderTech’s services or the website, you represent and warrant the following:

• You are of legal age and have the legal capacity to enter into these Terms, whether as an individual or on behalf of an entity.

• You are not a resident, national, or agent of any country under embargo or sanctions by the United States or other global authorities.

• You are not listed on any Sanctions Lists and do not intend to engage in transactions with any Restricted Persons or Sanctions List Persons.

• You will not use any tools or techniques to circumvent the restrictions applicable to our services.

• Your use of the services does not violate any Applicable Laws or contribute to illegal activities.

6.8 Acknowledgements and Agreements

As a user of BoulderTech’s services, you understand and agree that:

• The platform and services may occasionally be inaccessible or inoperable due to various factors, including equipment malfunctions, maintenance procedures, or disruptions in blockchain infrastructure.

• BoulderTech reserves the right to modify or discontinue the services, either temporarily or permanently, at its discretion.

• All pricing information on the website is for informational purposes only and is not an offer or advice to transact with BoulderTech.

• BoulderTech does not act as an agent for any users of the site or services.

• You bear all responsibility for your use of the services, including the transfer and custody of digital assets.

• BoulderTech does not have control over, and is not liable for, the delivery, quality, safety, legality, or any other aspect of any digital assets that you may transfer to or from a third party.

6.9 User Covenants

In using BoulderTech’s services, you covenant the following:

• You will only transfer legally-obtained digital assets that belong to you.

• You will comply with all Applicable Laws in connection with using the services.

• All digital assets used in connection with the services are owned by you or you have valid authorization to use such assets.

• You will maintain the accuracy and confidentiality of your account information and associated credentials.

7. Fees and Charges

7.1 Fee Structure

BoulderTech is committed to maintaining transparency in its fee structure. Our fees, including those charged by BoulderTech and any applicable partners, are incorporated into the pricing of our services. This includes our offerings of tokenized RWA products. By using our services, you acknowledge and agree that the pricing presented to you accounts for these fees, ensuring a clear understanding of the costs associated with our services. Specifically, BoulderTech charges a fee ranging from 0.25% to 2% for each buy or sell order of tokenized RWA products, as specified in the token offering details. Additionally, for tokens that generate dividends or yield, a fee of 5% is charged on the dividends or yield generated by the RWA-backed token.

7.2 Fee Changes BoulderTech reserves the right to modify its fee structure in response to market conditions or operational considerations. Changes to our fees can occur on a daily basis. We endeavor to provide timely notice of such changes on our platform or through direct communication methods. Users will be informed of any fee changes via an on-chain message and an email notification, as well as a banner message displayed on the user's view of our web3 dapp.

7.3 Third-Party Fees

In the course of providing our services, certain third-party fees may be incurred. These can include, but are not limited to, transaction fees related to blockchain operations and banking fees associated with financial transactions. BoulderTech will pass through such transactional fees to users. We aim to disclose these third-party fees transparently, allowing our users to make informed decisions.

7.4 Fee Payment

All fees will be deducted automatically at the time of the transaction or dividend distribution. Users are responsible for ensuring that their accounts have sufficient funds to cover any applicable fees. Failure to pay fees may result in the suspension or termination of services.

8. Assumption of Risks

By utilizing BoulderTech's Services or interacting with our website in any capacity, you acknowledge and warrant your understanding of the inherent risks associated with cryptographic systems, blockchain-based networks, and Digital Assets. This includes, but is not limited to, native digital assets such as Ether (ETH), tokens based on blockchain technology, and the systems that interact with such networks. BoulderTech does not own or control the underlying software of these blockchain networks, which are generally open source and available for public use, modification, and distribution.

Credit Risk: The risk that a customer may fail to meet their financial obligations is a significant consideration. This risk is managed by executing trades only with well-established counterparties, thereby minimizing the potential impact of such defaults on our platform and ensuring a more secure environment for our users.

Market Risk: Market counterparty risk arises in the event of counterparty default due to adverse market movements. BoulderTech mitigates this risk by conducting trades through well-known and regulated brokers, ensuring that transactions are executed in a stable and secure market environment.

Liquidity Risk: The possibility of insufficient liquidity in the market to facilitate the buying or selling of tokens is an inherent risk. To address this, BoulderTech targets highly liquid assets, ensuring adequate market depth to handle large orders without significant price impact, thereby providing users with more reliable trading conditions.

Operational Risk: There are risks associated with the failure to execute delivery or settlement of transactions. This risk is minimized by trading with well-known and regulated counterparties who have robust systems and processes in place. Additionally, there is a risk that the platform may be shut down, which could prevent users from accessing their assets. BoulderTech has a comprehensive contingency plan to ensure that users can access their assets and manage their investments even in the event of a platform shutdown.

Responsibility for Private Keys: Blockchain networks utilize public/private key cryptography. You are solely responsible for securing your private keys. Loss of control over your private keys will irrevocably deny you access to your Digital Assets. Neither BoulderTech nor any other entity can retrieve or protect your Digital Assets in the event of such a loss.

Regulatory Risks: The Services and your Digital Assets could be impacted by regulatory inquiries or actions, which might affect BoulderTech’s ability to continue providing its software and services, thereby possibly limiting your access to the Services. BoulderTech adheres to applicable law and regulatory standards to mitigate these risks, but changes in the regulatory environment may still impact services.

Cryptography and Technological Risks: The field of cryptography is evolving, and advancements like quantum computing pose potential risks to Digital Assets and the Services. While BoulderTech intends to update its software to incorporate necessary security measures against such risks, this cannot guarantee absolute security.

Blockchain Network Risks: The development status of blockchain networks, including their technological and security risks, introduces uncertainty in Digital Assets transactions and the Services. Costs of transactions on blockchain networks may vary and increase over time, affecting activities on these networks.

Flaws and Accuracy: BoulderTech’s Services are subject to flaws, and you bear responsibility for evaluating any code provided by the Services or website. Information on the website may not always be accurate or current and may include technical inaccuracies or typographical errors.

Risk of Financial Loss: Using the Services, especially for transactions involving Digital Assets, carries financial risks. Digital Assets and decentralized protocols are experimental and volatile. Transactions with BoulderTech are irreversible and final with no refunds. You acknowledge that using the Services is at your own risk, and the risk of loss can be substantial.

Independent Appraisal: You warrant that you possess the necessary knowledge and skills to appreciate the inherent risks. References to any Digital Assets on the website or during the use of the Services do not imply BoulderTech's endorsement. It is your responsibility to make an independent appraisal and investigation into the risks of transactions.

Compliance with Law: BoulderTech must adhere to applicable law, which might require actions or information sharing that may not align with your interests and occur without prior notice.

Service Development Risks: As the Services are under continuous development, they are subject to technological, transactional, and various other risks. This includes potential delays or errors in trades, withdrawals, deposits, and server-related issues.

No Insurance: BoulderTech has not obtained insurance, such as cyber or any other theft coverage, to address losses which may arise as a result of the provision of any service or product BoulderTech may offer. Users must acknowledge and accept this risk, understanding that BoulderTech does not provide insurance coverage for Digital Assets.

By using BoulderTech's services, users agree to these terms and acknowledge the inherent risks and responsibilities associated with on-chain transactions and the tokenization of traditional financial products.

9. Limitation of Liability

As set out above, the liability of BoulderTech to you for the performance and discharge of BoulderTech’s obligations in respect of tokens held by you (whether arising under these Terms or otherwise) shall be limited to and payable solely from the assets held in the segregated account linked to the tokens. You shall have recourse only to the assets of the segregated account linked to your tokens in respect of any claim, action, demand, or right against BoulderTech or the segregated account linked to your tokens arising under the provisions of these Terms.

9.1 Unauthorized, Mistaken, or Accidental Transfers

In the event of an unauthorized, mistaken, or accidental transfer or exchange of a client’s digital asset, BoulderTech's liability is limited due to the immutable and irreversible nature of blockchain transactions. Once an on-chain transaction is executed, it cannot be canceled or reversed by BoulderTech. The order process is automated with minimal handling by BoulderTech, and all liabilities for transaction errors lie with the service providers utilized by BoulderTech, including the brokerage and OTC service providers. BoulderTech does not act as a custodian of the RWAs; this service is provided by our brokerage service.

BoulderTech facilitates the execution of orders and the automated handling of fiat dividend payments through its service providers. The brokerage service handles the actual RWAs and the conversion of dividends from fiat to cryptocurrency, which are then distributed via smart contracts to the users. Consequently, any liability related to unauthorized, mistaken, or accidental transfers primarily rests with these third-party service providers, and users should direct any claims or demands to them.

9.2 Basis for Recovery of Losses

Market losses, including losses due to fluctuations in the value of the underlying RWAs, are not recoverable from BoulderTech. Clients assume the market risk associated with the tokenized RWAs and the corresponding changes in their value.

Operational losses, defined as losses resulting directly from errors, mistakes, or failures in the services provided by BoulderTech, may be recoverable. If a mistake is made by BoulderTech that results in a loss to client assets, BoulderTech will cover such operational losses, subject to the limitations outlined below. This includes errors in the execution of transactions or other failures directly attributable to BoulderTech’s operations.

In no event shall BoulderTech's aggregate liability, together with its affiliates and their respective stockholders, members, directors, managers, officers, employees, attorneys, agents, representatives, suppliers, or contractors, arising out of or in connection with the website, the services, their content and functionality, any performance or nonperformance of the services, your digital assets, or any product, service, or other items provided by or on behalf of BoulderTech, whether under contract, tort, negligence, civil liability, statute, strict liability, or any other theory of liability, exceed the lesser of the total amount of fees paid by you to BoulderTech under these Terms in the twelve (12) month period immediately preceding the event giving rise to the claim for liability or a predetermined amount set by BoulderTech. This limitation applies except in cases of gross negligence, fraud, willful misconduct, or intentional violation of the law as determined by a final judicial decision.

BoulderTech shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to 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 the services; any content obtained from the services; and unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not BoulderTech has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

You hereby acknowledge and agree that the assets of a segregated account shall not be available to meet liabilities to the shareholders of BoulderTech, account owners in respect of other segregated accounts of BoulderTech, and creditors of BoulderTech who are not creditors with claims linked to the segregated account.

10. General Information

10.1 Updating Contact Information

Clients are responsible for ensuring that all contact information provided to BoulderTech is accurate and up-to-date. All communications for user-related issues, including updates to contact information, should be directed to BoulderTech via email at [email protected]. It is crucial that clients maintain accurate contact information to ensure timely receipt of important communications from BoulderTech.

For KYC-related applications and updates, which are conducted through third-party software Persona (withpersona.com), clients must contact Persona directly. BoulderTech does not handle updates or changes to the information provided through Persona's KYC process. Clients can reach Persona through the contact methods provided on their website.

10.2 Transaction Records and Receipts

BoulderTech’s web3 app provides users with a dashboard that reflects their activity and order information, using data taken from the blockchain. Each buy or sell order transaction is registered on-chain and is publicly visible via a block explorer. Users can access links to the on-chain transaction hash directly from their Portfolio dashboard on the BoulderTech web3 app. This feature ensures that all order transactions are transparent and verifiable, providing users with a permanent and publicly accessible record of each transaction. This blockchain proof serves as the receipt or record for the token holder.

Upon completion of a transaction, the relevant details, including the transaction hash, are displayed in the user's Portfolio dashboard. Users can click on the transaction hash link to view the details on a block explorer, which serves as a receipt and evidence of the transaction. This process provides users with immediate and immutable proof of their transactions. 10.3 Amendments and Modifications

BoulderTech reserves the right to update, amend, vary, or modify these Terms periodically. Clients will receive not less than thirty days prior notice of any material changes to the terms and conditions of the services provided by BoulderTech, including amendments to policies applicable to the client’s account.

Notice of material changes will be communicated as follows:

On-Chain Message: BoulderTech will send an on-chain message to all token holders informing them of the upcoming changes. This ensures that all users interacting with our services via blockchain are notified directly through the platform they use.

Email Notification: For clients who have provided a functioning email address, BoulderTech will send an email notification detailing the changes. It is the client’s responsibility to ensure that their contact information is up-to-date to receive these notifications.

In-App Banner Notification: A message banner will be displayed on the user's view of our web3 dapp announcing the updates. This banner will provide a summary of the changes and direct users to the full details.

Clients are encouraged to review the updated terms and conditions during the notice period. Continued use of BoulderTech’s services after the notice period will constitute acceptance of the revised terms. If clients do not agree with the changes, they must discontinue the use of our platform and services before the changes take effect.

Privacy Policy: Please refer to BoulderTech’s Privacy Policy for detailed information on how we collect, use, share, and process your information.

Consent to Electronic Delivery: You consent to receive all communications, agreements, documents, notices, and disclosures related to these Terms or any services electronically. These communications may be provided via the website or by email. We advise you to maintain copies of these communications for your records.

Remedies: The rights and remedies provided to BoulderTech in these Terms are cumulative and not exclusive of any rights or remedies provided by law or equity. BoulderTech's failure or delay in exercising any right, power, or privilege shall not operate as a waiver.

Severability: Should any provision of these Terms be found invalid or unenforceable, it shall not affect the validity or enforceability of the remaining terms, all of which shall continue in full force and effect.

Force Majeure: BoulderTech is not liable for any failure or delay in performance of the website or services, nor any loss or damage incurred, due to events beyond our reasonable control, including but not limited to natural disasters, acts of God, war, riot, labor disputes, governmental actions, communication disruptions, power failures, or equipment or software malfunctions.

Assignment: You may not assign or transfer any rights or obligations under these Terms without BoulderTech’s express prior written consent. BoulderTech may freely assign or transfer its rights or obligations under these Terms.

Governing Law: These Terms will be governed and construed under the laws of Bermuda. For any proceedings not subject to arbitration, the courts of Bermuda will have exclusive jurisdiction.

Headings: The headings in these sections are for convenience only and do not limit or construe the sections’ contents.

Entire Agreement: These Terms constitute the entire agreement between you and BoulderTech, superseding all prior agreements and understandings regarding the website and services.

Interpretation: In case of any conflict, these Terms will take precedence unless the other agreement specifically supersedes these Terms. However, the provisions of these Terms shall be read and construed in accordance with and subject to the SAC Act. In the event that there is any conflict or inconsistency between these Terms and the SAC Act, the provisions of the SAC Act shall govern and prevail.

No Third Parties: Except as expressly provided, there are no third-party beneficiaries to these Terms other than those indemnified.