Disclaimer

IMPORTANT: READ THIS DISCLAIMER IN FULL BEFORE ACCESSING THE BETSWAVE PLATFORM OR ACQUIRING WAVE TOKENS OR ORCA NFTS. BY PROCEEDING, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THE CONTENTS OF THIS DISCLAIMER IN THEIR ENTIRETY.

1. Nature of the Platform

BetsWave is a decentralized technology infrastructure platform deployed on the Hedera Hashgraph distributed ledger network. BetsWave functions exclusively as a technology provider. It provides smart contract-governed infrastructure through which users may conduct peer-to-peer and pool-based wagering, participate in a digital token ecosystem, and access associated decentralized protocol features.

BetsWave is not, and does not operate as, any of the following: a bookmaker; a sportsbook; a regulated gambling operator; a financial institution; an investment firm; an exchange; a custodian; a broker-dealer; a money service business; a payment service provider; or any other regulated financial services entity. BetsWave provides access to technology only. It does not take positions on sporting events, hold user funds in its own name, or manage user assets in any fiduciary capacity.

2. No Financial, Investment, Legal, or Tax Advice

Nothing contained on the BetsWave Platform, website, Whitepaper, marketing materials, social media accounts, or in any communication from BetsWave or its representatives constitutes or should be construed as: (a) financial advice of any kind; (b) investment advice or a recommendation to invest; (c) legal advice; (d) tax advice; (e) accounting advice; (f) brokerage services; or (g) any other form of regulated professional advice or recommendation.

BetsWave is not a registered investment adviser, financial advisor, broker, dealer, or licensed legal or tax professional in any jurisdiction. All users must seek independent professional advice from qualified advisors in their jurisdiction before making any decision to participate in the Platform, acquire WAVE Tokens or ORCA NFTs, or engage in any wagering activity.

3. Utility Token and Digital Instrument Disclaimer

WAVE Tokens and ORCA NFTs are utility instruments issued for functional use within the BetsWave platform ecosystem only. They are not, and are not intended to constitute, securities, equity instruments, shares, bonds, debentures, notes, investment contracts, profit-participation rights, or any other form of regulated financial instrument or security in any jurisdiction.

The acquisition, holding, or use of WAVE Tokens or ORCA NFTs does not, and is not intended to, create or confer: (a) any ownership interest in BetsWave or any affiliated entity; (b) any right to dividends, profits, or revenue distributions; (c) any equity stake; (d) any voting or management rights other than as set out in the governance framework described in the Whitepaper; or (e) any other legally enforceable financial right against BetsWave.

Participants should not acquire WAVE Tokens or ORCA NFTs with any expectation of financial return derived from the efforts of BetsWave or any other person. BetsWave makes no representation regarding the future value, market availability, liquidity, or exchangeability of WAVE Tokens or ORCA NFTs.

4. Jurisdictional Disclaimer

BetsWave is incorporated and operated under the laws of Costa Rica. The Platform may be technically accessible from jurisdictions outside Costa Rica. The accessibility of the Platform from a given location does not constitute a representation by BetsWave that such access is lawful in that location.

The legality of accessing the Platform, acquiring WAVE Tokens or ORCA NFTs, participating in online sports wagering, and receiving blockchain-based distributions varies significantly by jurisdiction. It is the sole and exclusive responsibility of each user to determine whether their participation is lawful under all applicable laws, regulations, and requirements in their jurisdiction of residence and location of access.

BetsWave expressly disclaims all liability for any legal consequence arising from a user's access to the Platform in a jurisdiction where such access is unlawful. A list of Excluded Territories from which access is prohibited is maintained in Schedule 1 of the Terms and Conditions, available at www.betswave.io/legal. This list is updated periodically and users are responsible for checking it before each use of the Platform.

5. No Warranties

The Platform and all associated content, services, Smart Contracts, APIs, and digital instruments are provided strictly on an 'as is' and 'as available' basis, without any warranty, representation, or condition of any kind, whether express, implied, statutory, or otherwise. BetsWave expressly disclaims all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, completeness, non-infringement, and uninterrupted availability. No statement made in the Whitepaper, on the Platform, or in any BetsWave communication constitutes a warranty of any kind.

6. Smart Contract, Blockchain, and Technology Risks

The Platform operates through Smart Contracts deployed on the Hedera Hashgraph distributed ledger. Specific technology risks include:

  • Smart Contract Vulnerabilities: Smart contracts are software programs that may contain programming errors, logic flaws, or security vulnerabilities that could be exploited by malicious actors, potentially resulting in partial or total loss of funds held in contract escrow. Third-party security audits reduce but cannot eliminate this risk.
  • Blockchain Network Risk: Platform functionality depends on the continued availability, performance, and stability of the Hedera Hashgraph network. Network outages, congestion, forks, or protocol-level changes may disrupt platform operations.
  • Oracle and Data Feed Risk: Settlement accuracy depends entirely on third-party sports data providers and oracle systems. Inaccurate, delayed, or manipulated data may produce incorrect settlement outcomes. BetsWave is not liable for such outcomes.
  • Irreversibility: All confirmed on-chain transactions are permanent and irreversible. BetsWave cannot reverse, modify, or override confirmed Smart Contract executions, including in the event of error.
  • Private Key Risk: Loss or compromise of wallet private keys or seed phrases results in permanent and irrecoverable loss of access to associated funds. BetsWave cannot assist in recovery.
  • Upgrade Risk: Smart Contract modifications approved through the governance process carry technical risk. BetsWave cannot guarantee that any modification will be entirely free from unintended consequences.

7. Risk Factor Summary

Participation in the BetsWave platform involves material risks. The following is a non-exhaustive summary of key risks. A full risk factor discussion is set out in Section 8 of the Whitepaper.

  • Regulatory Risk: Online sports wagering and digital asset markets are subject to rapidly evolving regulation globally. Regulatory changes may restrict platform access, alter its operational model, or result in enforcement actions.
  • Market Volatility Risk: WAVE Token values are subject to significant and unpredictable market volatility. The market value of WAVE Tokens may decrease to zero. Staking distributions have no guaranteed nominal or real value.
  • Liquidity Risk: WAVE Tokens and ORCA NFTs may have limited or no secondary market liquidity. Users may be unable to sell or transfer these instruments at desired prices or at all.
  • Wagering Risk: Wagering involves financial risk. All staked amounts may be lost. Past performance is no indication of future results. The Platform's No-Vig design reduces but does not eliminate wagering risk.
  • Cybersecurity Risk: The Platform may be subject to hacking, phishing, or other cybersecurity attacks. Users are responsible for securing their own credentials.
  • Service Availability Risk: The Platform may experience interruptions. There is no guarantee of continuous availability.

8. Forward-Looking Statements

The Platform, Whitepaper, and associated materials contain forward-looking statements, estimates, projections, and assumptions regarding future market conditions, platform development, tokenomics, adoption rates, and ecosystem growth. These statements are based on current expectations believed to be reasonable at the time of publication but are inherently uncertain. Actual results may differ materially.

Factors that could cause material differences include, without limitation: regulatory changes; market volatility; technological failures; competitive developments; resource constraints; and macroeconomic conditions. BetsWave undertakes no obligation to update forward-looking statements following publication.

Market data and projections cited in the Whitepaper are sourced from third parties and are provided for contextual reference only. BetsWave does not warrant their accuracy.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BETSWAVE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND SUCCESSORS (THE 'BETSWAVE PARTIES') SHALL NOT BE LIABLE TO ANY PERSON FOR ANY LOSS, DAMAGE, LIABILITY, COST, OR EXPENSE OF ANY KIND — WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE — ARISING FROM: (A) ACQUISITION, HOLDING, OR DISPOSAL OF WAVE TOKENS OR ORCA NFTS; (B) WAGERING ACTIVITY ON THE PLATFORM; (C) SMART CONTRACT FAILURES OR EXPLOITS; (D) ORACLE OR DATA PROVIDER FAILURES; (E) LOSS OF WALLET CREDENTIALS; (F) SERVICE INTERRUPTIONS; (G) TOKEN VALUE FLUCTUATIONS; (H) REGULATORY ACTIONS IN ANY JURISDICTION; OR (I) RELIANCE ON ANY STATEMENT IN THIS DOCUMENT OR ON THE PLATFORM.

WHERE LIABILITY CANNOT BE ENTIRELY EXCLUDED UNDER MANDATORY APPLICABLE LAW, THE BETSWAVE PARTIES' AGGREGATE LIABILITY SHALL NOT EXCEED THE TECHNOLOGY FEES PAID BY THE CLAIMANT IN THE SIXTY (60) DAYS PRECEDING THE RELEVANT EVENT. PARTICIPATION IN THE PLATFORM IS ENTIRELY AT YOUR OWN RISK.

10. Tax Disclaimer

Participation in the BetsWave platform — including wagering activity, staking distributions, and the acquisition, disposal, or exchange of WAVE Tokens or ORCA NFTs — may give rise to tax liabilities and regulatory reporting obligations in your jurisdiction. These may include income tax, capital gains tax, value-added tax, goods and services tax, withholding tax, and digital asset reporting obligations.

Tax laws applicable to digital assets and online wagering are evolving rapidly and their application is uncertain in many jurisdictions. BetsWave does not provide tax advice and accepts no responsibility for your tax obligations. You are solely responsible for determining, reporting, and satisfying all applicable tax liabilities.

Independent tax advice from a qualified advisor in your jurisdiction is strongly recommended.

11. Third-Party Services and Integrations

The Platform integrates with third-party services including blockchain networks, oracle systems, sports data providers, wallets, exchanges, analytics tools, and DApps. BetsWave does not control, endorse, or assume responsibility for third-party services. Settlement accuracy depends on third-party data feeds, and BetsWave is not liable for settlement errors caused by third-party failures. Users' interactions with third-party services are governed by those services' own terms and are entirely at the user's risk.

12. Responsible Wagering Notice

Wagering involves financial risk and can lead to financial loss. BetsWave is committed to responsible wagering and provides tools including self-exclusion and wagering limit features. The Platform is intended exclusively for adults of legal gambling age.

Persons experiencing gambling-related harm are encouraged to seek professional support from resources including the National Council on Problem Gambling (US): 1-800-522-4700 and GamCare (UK): www.gamcare.org.uk.

A full description of BetsWave's responsible wagering framework is set out in Section 7 of the Whitepaper and in the Platform Terms of Service.

13. No Affiliation or Endorsement

References to third-party products, platforms, or services in BetsWave's documentation or communications are for informational purposes only and do not constitute endorsement, partnership, or affiliation unless expressly stated. BetsWave is not affiliated with, sponsored by, or endorsed by any sporting organization, league, federation, governing body, media rights holder, or technology company referenced in its communications unless a formal partnership agreement is publicly announced.

14. Amendments to This Disclaimer

BetsWave reserves the right to amend, update, or replace this Disclaimer at any time. The current version is always available at www.betswave.io/disclaimer. The 'Effective Date' reflects the most recent publication date. Continued use of the Platform following any amendment constitutes acceptance of the updated Disclaimer.

15. Contact Information

For questions regarding this Disclaimer, please contact BetsWave at contact@betswave.io or through the Platform at www.betswave.io.