These Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, or “user(s)”) and Bowhead Health Inc. (“we”, “us”, or “our”), concerning your access to and use of the website located at www.betterquest.io (the “Site”) and the BETTER QUEST Trainer mobile app (the “App”) as well as any other media form, media channel, web application, mobile application, decentralized application, or APIs related, linked, or otherwise connected thereto (collectively, with the Site and the App, the “Platform”). BETTER QUEST is a distributed application that is currently running on the Ethereum Network or Private Ethereum Network, using specifically-developed smart contracts (each, a “Smart Contract”) to enable users to develop, own, breed, and compete with genetically unique digital creatures (“Monster” or “Monsters”). The Platform also enables users to own and transfer other digital assets like plots of land and items (collectively with Monsters, “BETTER QUEST Assets”). Through the Platform, users can view their BETTER QUEST Assets and use the Smart Contracts to acquire, trade, compete, and breed Monsters with other Platform users to earn in-game points and/or tokens. Users can view and interact with their (and other users’) BETTER QUEST Assets on the Platform. The App is synced with the Site and rewards users with in-game points and/or tokens upon completion of walking and other real world training activities.
THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE PLATFORM. BY ACCESSING OR USING THE PLATFORM, YOU ARE ACCEPTING THESE TERMS, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, YOU MUST NOT ACCESS, USE, OR TRANSACT ON THE PLATFORM. YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE OTHERWISE LEGALLY PERMITTED TO USE THE SERVICES IN YOUR JURISDICTION AND THAT THE COMPANY IS NOT LIABLE FOR YOUR COMPLIANCE WITH SUCH APPLICABLE LAWS.
If you breach any of these Terms, your authorization to use the Platform may be immediately terminated and you must immediately discontinue all use of the Platform. Bowhead at its sole discretion may ban your BETTER QUEST Assets from using the Platform.

You acknowledge and agree that the form and nature of the Platform may change from time to time without prior notice to you. It is your responsibility to periodically review these Terms to stay informed on updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Platform after the date such revised Terms are posted.

Our Privacy Policy found at Bowhead Health Inc.’s www.bowheadhealth.com describes the ways we collect, use, disclose and protect your personal information, and our practices for collecting, using, maintaining, protecting, and disclosing that information. The Privacy Policy is hereby incorporated by reference into these Terms. You agree to the collection, use, and disclosure of your data in accordance with our Privacy Policy.

To use the Platform you need to create an account (“Account”) on metamask, and/or provide your authentication details via Platform. To do so, you must (a) be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use the Bowhead Services, (b) agree with these Terms of Service, and (c) give your explicit consent to the collection, use and disclosure of your data under the terms of our Privacy Policy. By creating an Account, you represent and warrant that you have not been identified as a “Designated Person” by any Canadian statute or regulation and you will not use the Site to conduct any illegal or illicit activity. You can access, edit and update your Account via the profile settings page on the Site and Platform. Bowhead Health Inc. reserves the right to choose which markets and jurisdictions to conduct its business and may restrict or refuse, at its sole discretion, the provision of our services in certain countries or regions.

You agree to provide accurate and complete registration information when you create an Account for the Platform. You further agree to promptly update as necessary your account information. Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information. You are solely responsible for any activity on your Account, metamask accounts and we are not liable for any loss as a result of your account being compromised.

Your use of the Platform is subject to all applicable local, provincial, territorial and federal laws and regulations. You may not access or use the Platform for any purpose other than that for which we make it available to you. The Platform may not be used in connection with any commercial endeavors except if agreed to in a binding legal contract with Bowhead Health Inc. Without limitation, you may not, and may not allow any third party to:

• Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use the Platform to advertise or offer to sell goods and services.
• Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Content (as defined below) or enforce limitations on the use of the Platform and/or the Content contained therein.
• Engage in unauthorized framing of or linking to the Platform.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.
• Attempt to impersonate another user or person or use the username of another user.
• Sell or otherwise transfer your profile.
• Use any information obtained from the Platform in order to harass, abuse, or harm another person.
• Use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the Content for any revenue-generating endeavor or commercial enterprise.
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform.
• Attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
• Harass, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you.
• Delete the copyright or other proprietary rights notice from any Content.
• Copy or adapt the Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
• Except as may be the result of standard search engines or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.
• Use the Platform in a manner inconsistent with any applicable laws or regulations.
• Be obscene, fraudulent, defamatory, libelous, indecent, discourteous, racially or ethnically offensive, harassing, threatening, abusive, pornographic or discriminatory;
• Affect us adversely or reflect negatively on us in our sole discretion, the Platform, our goodwill, name or reputation or cause duress, distress, or discomfort to us or anyone else, or discourage any person, firm, or enterprise from using all or any portion, features, or functions of the Platform, or from advertising, linking, or becoming a supplier to us in connection with the Platform;
• Send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing";
• Transmit, distribute, or upload content or programs that contain any viruses, Trojan horses, worms or other disabling devices or harmful components intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information;
• Modify, disrupt, impair, alter, or interfere with the use, features, functions, operation, or maintenance of the Platform or the rights or use and enjoyment of the Platform by any other user;
• Advocate or encourage any illegal activity;
• Infringe upon or misappropriate the copyright, patent, trademark, trade secret, publicity rights or other intellectual property or proprietary rights of Bowhead Health Inc. or any third party; or
• Violate the privacy of any individual, including users of the Platform.

Unless otherwise indicated, the Platform is our proprietary property and all source code, database, functionality, software, website design, audio, video, text, photographs, and graphics on the Platform (collectively, the “Content") and trademarks, service marks and logos contained therein (the “Marks”) are owned, controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Canada. Except as expressly provided in these Terms, no part of the Platform and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Platform, you are granted a limited license to access and use the Platform or to download or print a copy of any portion of the Content to which you have properly gained access solely to your personal, non-commercial use. We reserve all rights not expressly granted to you in and to Platform, Content, and Marks.
With respect to ownership of NFTs on the Platform , we grant, to the party who owns the NFT, a licence in respect of the Art associated with the NFT purchase subject always to these Terms in force at the date of sale or transfer together with any other terms and conditions which may apply to the NFT (the “Licence”).
a) The Licence is assignable, transferable and revocable under these Terms, and is for your personal, non-commercial, royalty free use of the NFT (including to sell or transfer on a Marketplace) and to display and enjoy the Art associated with the NFT anywhere in the world.
b) Upon your sale of the NFT you Own, the Licence transfers to the purchaser who then Owns the NFT and will be subject to the Licence and these NFT Terms. For the avoidance of doubt, the transfer of the Licence does not constitute a commercial use for the purposes of clause b.
c) With immediate effect upon your sale of the NFT you Own, your rights under the Licence pursuant to clause b shall cease to apply and will no longer be in force and effect. You will no longer be entitled to use the Art (or any reproductions of the Art) upon sale by you of the NFT.
d) Except as expressly stated in these Terms, nothing in these Terms are intended to, or shall operate to, give you ownership of any Intellectual Property Rights in, or other rights in respect of the Intellectual Property.
e) There is no transfer of title or ownership of any Intellectual Property or any Intellectual Property rights upon the sale of the NFT under these Terms.
f) The NFT may not be used in any way which would:
i. modify any Art; or
ii. use the Art to market or to sell third-party products or for any other commercial benefit; or
iii. use the Art in connection with images of hatred, violence or other inappropriate behaviour be reasonably considered to bring the Intellectual Property Rights owner into disrepute; or
iv. seek to trademark or acquire Intellectual Property Rights in the Art; or
v. take, appropriate or represent any ownership in the Intellectual Property; or
vi. assert any right to or over the Intellectual Property in any manner inconsistent with the rights under these Terms; or
vii. take any action which would or might invalidate, challenge, oppose or otherwise put in dispute the owner’s title to the Intellectual Property; or be reasonably seen to disparage the Intellectual Property Rights of the owner; or
viii. contravene the moral rights of the artist or licensor of the Art; or
ix. contravene the Terms; or
x. cause, permit or assist any other person directly or indirectly to do any of the above acts.
h) For the avoidance of any doubt:
i. the restrictions on the Licence survive termination or assignment transfer of the Licence; and
ii. the purchase of an NFT does not grant you any ownership or licence for any Intellectual Property Rights over Bowhead or any aspect of Art used in our NFTs other than as expressly set out in these Terms; and
iii. the Licence granted under this clause is limited to the time you Own the NFT and upon your sale of the NFT to another party the Licence is assigned to the purchaser of the NFT and your rights under the Licence cease to have any effect, and you must draw to the other party’s attention the contents of these NFT Terms prior to your sale of the NFT;
iv. the sale of your NFT does not constitute a “commercial use” of your NFT for the purposes of these Terms.

In order to use the Better Quest app you must select a 7 day Free Trial option associated with a monthly or annual fee following the 7 day Free Trial. The monthly fee is $7.99USD and the annual fee is $69.99USD. If you would like to unsubscribe from the 7 day Free Trial and not be billed any additional funds please unsubscribe 1 day before the end of your 7 day Free Trial.

Log into your account, click on subscriptions in your app store and click on manage subscriptions.

You will not be billed further and you can cancel anytime. The subscription will auto renew at the beginning of each month or each year until canceled.

Please note that if you have already purchased a subscription and would like to use it on a new phone or account you may use the Redeem Code functionality, please contact us at support@bowheadhealth.com if you have any questions or concerns regarding your subscription.

Accessing the Platform through Site and Platform directly allows you to purchase and otherwise transact in a variety of BETTER QUEST Assets and other products that we may add (the “Products”). You acknowledge and agree that all information you provide with regards to a purchase of Products, including, without limitation, credit card or other payment information as the Platform may accept through a third-party platform or system from time-to-time, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to a third-party platform or system that fulfills payments for Products, including, without limitation, any credit card you provide when completing a transaction. When you purchase a Product, you (a) agree to pay the price for such Product as set forth in the applicable sale, any charges necessary to the fulfillment of the Product, including any required gas fees, and all applicable taxes (which may include, without limitation, sales, use, value-added and other taxes, duties and assessments other than taxes on our net income) in connection with your purchase (the “Full Purchase Amount”), and (b) authorize us and/or a third-party platform or system that fulfills payments for Products to charge your credit card or other payment method for the Full Purchase Amount. You acknowledge that with respect to the Products, Bowhead may impose a fee on any secondary sales of such Products and in-game items after its initial purchase, and regardless whether such secondary sale occurs on the Platform or on some other platform. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. Orders will not be processed until payment has been received in full, and any holds on your account by any payment processor are solely your responsibility. Your order may be suspended or cancelled for any reason, including if the payment method cannot be verified, is invalid or is otherwise not acceptable.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Platform (“Submissions") provided by you to us are non-confidential and should become our sole property. We should own exclusive rights, including all intellectual property rights, and should be entitled to the unrestricted use and dissemination of these Submissions to any lawful purpose, commercial, or otherwise, without acknowledgment or compensation for you. You hereby waive any moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there should be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

The Platform (or you may be sent via the Platform) links to other websites (“Third-Party Websites”) as well as articles, photograph, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Platform, or any Third-Party Content posted on, available through, or installed from the Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Platform and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and you should be aware of these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Platform or relating to any applications you use or install from the Platform. Any purchase you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products and services offered on Third-Party Websites and you should hold us harmless from any harm caused by your purchase of such products and services. Additionally, you should hold us harmless from any losses sustained by you or harm caused to you relating to resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

We allow advertisers to display their advertisements and other information in certain areas of the Platform such as sidebar advertisements or banner advertisements or in-game. If you are an advertiser, you should take full responsibility for any advertisements you place on the Platform, and any services provided on the Platform, or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Platform, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

These Terms of Use remain in full force and effect while you use the Platform. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE PLATFORM OR DELETE YOUR ACCOUNT WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or a borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating and suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

These Terms will be governed by and construed under the laws of Ontario, without giving effect to any conflict of laws rules, or provisions. You agree that any action of whatever nature arising from or relating to these Terms, the Site, or our Products will be filed only in the courts of Ontario. You consent and submit to the personal jurisdiction of such courts for any such action. The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future. We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE PLATFORM IS AT YOUR SOLE RISK, AND THAT THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE PLATFORM AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE PLATFORM OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE PLATFORM WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE PLATFORM WILL BE ACCURATE, (III) THE PLATFORM OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE PLATFORM WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ETHEREUM NETWORK, POLYGON NETWORK, METAMASK INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE PLATFORM, ETHEREUM NETWORK, OR THE METAMASK BETTER QUEST ASSETS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE ETHEREUM NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM NETWORK. BOWHEAD HAS NO CONTROL OVER AND MAKES NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS. BOWHEAD IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE ETHEREUM NETWORK, POLYGON NETWORK, METAMASK, INCLUDING BUT NOT LIMITED TO REPORTING OF ANY ISSUES WITH THE ETHEREUM NETWORK OR METAMASK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES THAT RESULT IN A LOSS.

To the fullest extent permissible by Applicable Law and with the exception of a breach by you of intellectual property rights, in the event of any dispute, the parties shall, at the shared expense of both parties, use their best efforts to mediate the dispute by an independent mediator appointed by Bowhead, Inc., with such mediation to be held in the City of Toronto, in the Province of Ontario. In the event that the aforementioned mediation is unsuccessful, the parties agree that the dispute shall be resolved by a single arbitrator pursuant to the Arbitrations Act (Ontario), with the arbitration to be held in the City of Toronto and the law applicable thereto shall be the law of the Province of Ontario. The arbitrator appointed pursuant to the Arbitrations Act (Ontario) shall be entitled to award costs of the hearing in addition to the resolution of the claim, and the decision of any such arbitrator shall be final and binding and not subject to appeal.

YOU UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE AND ACKNOWLEDGE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE PLATFORM, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID TO US UNDER THESE TERMS IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) ONE HUNDRED (100) US DOLLAR.
YOU AGREE AND ACKNOWLEDGE THAT WE HAVE MADE THE PLATFORM AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE PLATFORM TO YOU WITHOUT THESE LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PERSONAL INJURY CLAIMS.

You accept and acknowledge each of the following: A. The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your Monsters, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of BETTER QUEST Assets will not lose money.
B. You are solely responsible for determining what, if any, taxes apply to your Bowhead-related transactions. Bowhead is not responsible for determining the taxes that apply to your transactions on the Platform.
C. Transactions that take place on the Platform are managed and confirmed via the Ethereum blockchain. You understand that your Ethereum address will be made publicly visible whenever you engage in a transaction on the Platform. We neither own nor control Metamask, Polygon Network, the Ethereum network, or any other third-party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Platform. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.
D. There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that Bowhead will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Ethereum network, however caused.
E. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the BETTER QUESTs ecosystem, and therefore the potential utility or value of BETTER QUEST Assets.
F. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the BETTER QUESTs ecosystem, and therefore the potential utility or value of BETTER QUEST Assets.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by third party due to or arising out of: (1) use of the Site, (2) breach of these Terms of Use, (3) any breach of your representations and warranties set forth in these Terms of Use, (4) your violation of the rights of a third party, including but not limited to intellectual property rights, or (5) any overt harmful act toward any other use of the Platform with whom you connected via the Platform. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.

We will maintain certain data that you transmit to the Platform for the purpose of managing the performance of the Platform, as well as data relating to your use of the Platform. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that release to any activity you have undertaken using the Platform. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

These Terms of Use and any policies or operating rules posted by us on the Platform, or in respect to the Platform constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, and unenforceable, that provision or part of the provision is deemed severable these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use,