Terms & Conditions of Use for BancCoin

• "BancCoin," "we," "us," "our" refers to CRE Consulting Group Inc., its affiliates, directors, officers, employees, agents, and assigns.
• "User," "you," "your" refers to any individual or entity accessing or using the Services.
• "Services" encompasses all products, software, websites (including https://banccoin.io), features, and content provided by BancCoin, including but not limited to the BancWall wallet, the BANCX token, the BCCN token, and the DIVS mechanism.
• "BancWall" is the custodial digital wallet service provided by us for the storage and management of BANCX and BCCN tokens.
• "BANCX" is the cryptographic utility token on the Polygon network, subject to these Terms.
• "BCCN" (BancCoin) is the cryptographic utility token on the Polygon network, subject to these Terms.
• "DIVS" (Dynamic Intrinsic Value System) is the proprietary model that links the value of BCCN and BANCX to a portion of the physical gold production from designated mining operations.
• "Content" includes all text, graphics, user interfaces, visual interfaces, logos, trademarks, computer code, and information made available through the Services.

• Eligibility: To use our Services, you must:
  • Be at least 18 years of age or the age of majority in your jurisdiction.
  • Possess the legal capacity and authority to enter into a binding contract.
  • Not be a resident of, located in, or a citizen of any jurisdiction where the use of our Services is prohibited by law, regulation, or sanction.
  • Not be on any list of prohibited, restricted, or denied parties by any governmental authority.
• Acceptance: Your use of the Services constitutes your ongoing acceptance of these Terms. We may modify these Terms at any time, and continued use after changes constitutes acceptance of the new Terms.

Our Services provide a platform for interacting with digital assets. You understand and agree that:

• Non-Custodial Interactions: When you interact with the BANCX or BCCN smart contracts directly (e.g., using MetaMask), you are solely responsible for the security of your private keys and wallets. We have no control over or liability for these interactions.
• Custodial Wallet Service: BancWall is a custodial wallet. This means we secure the private keys associated with your wallet address on your behalf. While this offers benefits like potential account recovery, it also means you must trust our security practices, as outlined in our Privacy Policy.
• No Fiduciary Relationship: Your relationship with BancCoin is not that of a principal and agent, partners, joint venturers, or trustee and beneficiary. No term of these Terms shall be construed to create a fiduciary duty from us to you.
• No Financial Advice: The information provided through our Services is for informational purposes only. It is not investment advice, financial advice, trading advice, or any other type of recommendation. You are solely responsible for evaluating the merits and risks of any decision to purchase, hold, or transact with BANCX or BCCN.

To use BancWall, you must create an account, complete KYC/AML verification, and maintain account security. You are responsible for notifying us immediately of any unauthorized use.

• Account Creation: To use BancWall, you must create an account by providing accurate and complete information. You agree to maintain and promptly update this information.
• Identity Verification (KYC/AML): You must complete our identity verification procedures to access all features of BancWall. You authorize us to make inquiries, directly or through third parties, to verify your identity and protect against fraud. This may involve providing personal information and documentation.
• Security Responsibilities: You are responsible for:
  • Maintaining the confidentiality of your account credentials (username, password).
  • All activities that occur under your account.
  • Immediately notifying us of any unauthorized use of your account or any other security breach.
• Our Security Measures: We implement industry-standard security measures, including Hardware Security Modules (HSMs), to protect our systems and your information. However, absolute security cannot be guaranteed.

• Nature of Tokens: BANCX and BCCN are utility tokens on the Polygon blockchain. They are not:
  • Securities, investment contracts, or equities in any jurisdiction.
  • Fiat currency or legal tender.
  • Guaranteed to have any particular value.
• Token Functionality: The primary utility of the tokens is to facilitate transactions and operations within the BancCoin ecosystem (e.g., payments, staking, governance in the future) and to be dynamically backed by the DIVS mechanism.
• No Ownership Rights: Holding BANCX or BCCN does not grant you any ownership, share, equity, or equivalent rights in CRE Consulting Group Inc., its affiliates, or its profits or assets.

Description: The DIVS is a model that allocates a portion of physical gold production to the backing of BCCN and BANCX tokens. This is intended to provide a dynamic intrinsic value floor.

Acknowledgement of Risks: You expressly acknowledge and agree that:

• The DIVS model is novel and untested at scale and may not function as intended.
• The value of the tokens is subject to numerous external factors beyond our control, including the market price of gold, mining operational risks, regulatory changes, and market speculation.
• The allocation of gold is based on gross production and does not account for mining costs, which may impact the economic viability of the model.

We provide no guarantee, representation, or warranty regarding the past, present, or future value of BANCX or BCCN.

Our Ownership: Unless otherwise indicated, the Services and all Content are our proprietary property and are protected by intellectual property laws. All trademarks, service marks, and logos are our property or the property of our licensors.

Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use, subject to these Terms.

Restrictions: You may not:

• Copy, modify, or create derivative works of the Services or Content.
• Decompile, reverse engineer, or attempt to extract the source code of our software.
• Use our trademarks without prior written permission.

You agree not to engage in any of the following prohibited activities:

• Violating any applicable law or regulation.
• Infringing upon our or any third party's intellectual property rights.
• Engaging in any fraudulent, deceptive, or illegal activity.
• Interfering with or disrupting the integrity or performance of the Services.
• Attempting to gain unauthorized access to the Services or its related systems.
• Using the Services to launder money, finance terrorism, or evade sanctions.

• Fees: We may charge fees for certain Services (e.g., transaction fees). All fees will be displayed to you prior to you incurring them. You are responsible for paying all applicable fees.
• Taxes: You are solely responsible for determining what, if any, taxes apply to your transactions involving BANCX or BCCN. It is your responsibility to report and remit the correct taxes to the appropriate tax authorities. We bear no responsibility for your tax obligations.

The Services may contain links to third-party websites or services. We do not control, endorse, or assume responsibility for any third-party content, privacy policies, or practices. Your interactions with third parties are solely between you and the third party.

• By Us: We reserve the right to:
  • Modify, suspend, or discontinue any part of the Services at any time, with or without notice.
  • Terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.
• By You: You may stop using our Services at any time.

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BANCCOIN, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS 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:

1. YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES.
2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES.
3. ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES.
4. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN.
5. ANY BUGS, VIRUSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE AMOUNT OF FEES YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

You agree to defend, indemnify, and hold harmless BancCoin and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

• Informal Resolution: Contact us first at admin@banccoin.io to attempt to resolve disputes informally.
• Binding Arbitration: If informal resolution fails, disputes shall be settled by binding arbitration administered by the AAA in accordance with its Commercial Arbitration Rules, conducted in Miami, Florida.
• Waiver of Jury Trial and Class Action: YOU AND BANCCOIN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, you agree to waive your right to a jury trial. All claims must be brought within one (1) year after the claim arises.

These Terms and any action related thereto are governed by the laws of the State of Florida, United States, without regard to conflict of law provisions. Exclusive jurisdiction for disputes not subject to arbitration is in the state and federal courts located in Miami-Dade County, Florida.

• Entire Agreement: These Terms constitute the entire agreement between you and BancCoin regarding the Services and supersede all prior agreements.
• Severability: If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.
• No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
• Force Majeure: We are not liable for any failure to perform due to causes beyond our reasonable control.

If you have any questions about these terms, please contact us at: