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Terms of Service

Status: DRAFT v0.1 — for counsel review. Effective date set on publication of the final version. Nothing here currently constitutes a binding agreement.

1. Agreement​

These Terms of Service (the "Terms") govern your access to and use of the BitView platform, including the website at bitview.so, the API at api.bitview.so, the documentation at checkpoint.bitview.so, and any related applications, services, or features (collectively, the "Service") operated by [Operating Entity Name TBD] ("BitView", "we", "us", or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not access or use the Service.

These Terms incorporate by reference our Privacy Policy and Content Policy.

2. Definitions​

  • Account — your registered identity on BitView, established by linking a Twitch identity to a Solana wallet.
  • BTV — BitView's native utility token; see BTV white paper.
  • Distribution — a token-reward event created by a streamer.
  • NFT Drop — a non-fungible token distribution event; see NFT drops.
  • Solana — the Solana mainnet-beta blockchain.
  • Streamer — a user who creates Distributions or NFT Drops.
  • Viewer — a user who earns rewards by watching streams.
  • Sponsor or Brand — a third party who funds Sponsored-tier campaigns through the marketplace.
  • Wallet — a self-custodial Solana wallet (e.g., Phantom, Solflare, Backpack) you control.

3. Eligibility​

You may use the Service only if all of the following are true:

  1. You are at least 18 years old (or the age of majority in your jurisdiction, whichever is higher).
  2. You have not been previously suspended or removed from the Service.
  3. You are not a person on the U.S. Treasury Office of Foreign Assets Control's Specially Designated Nationals list ("SDN") or otherwise subject to comprehensive U.S. or other applicable sanctions.
  4. You are not located in, or a national of, any country subject to comprehensive U.S. sanctions or any country where use of the Service would violate local law.
  5. Your use of the Service complies with all applicable laws, including securities, money-transmitter, and anti-money-laundering laws in your jurisdiction.

We reserve the right to refuse Service to any person at our reasonable discretion, including for sanctions, regulatory, or operational reasons.

4. Account registration and identity​

4.1 Wallet linking​

To earn rewards or create Distributions, you must link a Twitch identity to a Solana Wallet you control. This is a non-custodial link; BitView does not have your Wallet's private keys at any time.

Linking requires:

  • A valid Twitch user-access token (OAuth scope: user:read:email).
  • A signed message (ed25519) from your Wallet containing your Twitch user_id, proving Wallet ownership.

You agree to provide accurate identity information and to maintain its accuracy.

4.2 One Wallet per Twitch account​

You may link at most one Wallet per Twitch user_id at a time. Replacing your linked Wallet is subject to a 30-day cooling-off period. This restriction is part of our anti-fraud framework — see Anti-fraud.

4.3 Wallet security​

You are solely responsible for the security of your Wallet, including its seed phrase, private keys, and any access controls. BitView cannot recover, restore, or reverse transactions from a Wallet you have lost access to. Self-custody is a feature; we cannot make it otherwise.

4.4 Account suspension​

We may suspend or terminate your Account at our reasonable discretion if you violate these Terms, the Content Policy, or applicable law; if your Wallet is flagged in our sanctions screening; or if our anti-fraud framework confirms industrial-sybil behavior. See Section 12 (Termination) for the consequences.

5. Service description​

The Service consists of:

  1. The BitView platform — frontend, backend, and documentation that allows Streamers to create Distributions and NFT Drops, and Viewers to earn and claim rewards.
  2. The audited Solana programs — including the merkle distributor, BTV mint, vesting, governance, and sponsorship escrow contracts as they ship across our roadmap.
  3. The swap router — a non-custodial routing layer over Jupiter and Meteora pools.
  4. Optional paid subscriptions — Pro ($99/month) and Plus ($499/month) tiers.

We make no guarantee that any specific feature, distribution, or service will continue to be available, except as required by these Terms or applicable law.

6. Fees and payments​

6.1 Free tier​

Accounts are free by default. The Service is usable without any payment.

6.2 Subscriptions​

Pro and Plus subscriptions are billed monthly via Stripe at the rates published on our Revenue streams page. You authorize Stripe to charge your designated payment method. You may cancel at any time; cancellation takes effect at the end of the current billing cycle. We do not refund pro-rated time within a billing cycle.

6.3 Per-event fees​

Free-tier users pay a per-event fee for distribution and NFT-drop creation as published in our fee schedule. Fees are paid in USDC on Solana from your linked Wallet.

6.4 Swap protocol fee​

When you use the swap router, BitView retains a protocol fee (currently 0.10%, with discounts based on BTV held). The fee is deducted atomically as part of the swap transaction. By executing a swap through the router you acknowledge and accept this fee.

6.5 Distributor pool funds​

When you create a Distribution and fund its vault, those funds are yours until viewers claim or you trigger clawback after the claim window expires. They are not paid to BitView.

6.6 Token launch fees​

Identity-tier token launches require either a SOL launch fee or a BTV stake (see Tokenomics). Stakes are returned 30 days after launch; fees are not refundable.

6.7 Taxes​

You are solely responsible for taxes arising from your use of the Service. We may collect and remit VAT/GST or similar where required. We do not provide tax advice.

7. User obligations​

You agree:

  1. To use the Service only for lawful purposes.
  2. To comply with the Content Policy, including prohibitions on scams, fraud, infringement, harassment, and sanctioned activity.
  3. Not to use the Service to issue any token, NFT, or other digital asset that is a security under applicable law without complying with applicable securities-law requirements.
  4. Not to attempt to bypass or compromise our anti-fraud framework, including the BTV stake floor and engagement weighting.
  5. Not to misrepresent your audience size, engagement, or other metrics in connection with sponsorship campaigns.
  6. Not to use the Service to facilitate money laundering, terrorist financing, or other prohibited activity.
  7. To maintain the security of your Account credentials and Wallet.
  8. To not interfere with the Service through automation, scraping, or other means beyond what our APIs explicitly permit.

8. Anti-fraud and slashing​

You acknowledge that our Anti-fraud framework includes:

  • A required minimum BTV stake for accrual eligibility.
  • Behavioral scoring of Wallets, including device fingerprint and IP cohort analysis.
  • Slashing of BTV stake for confirmed industrial-sybil behavior.
  • Public on-chain blocklisting in severe cases.

You consent to this scoring as a condition of Service use. False positives are addressed through a manual-review appeal process, but slashing decisions made after manual review are final. Funds slashed to the protocol treasury are not recoverable.

9. Blockchain and crypto-asset risks​

You acknowledge and accept the following risks specific to using blockchain-based services. These risks are inherent to the technology and not within BitView's control.

9.1 Irreversibility​

Solana transactions are generally irreversible. Mistakes (sending to the wrong address, lost seed phrases, signing malicious transactions) typically cannot be undone, by us or anyone else.

9.2 Network availability​

The Solana network may experience congestion, outages, or other operational issues. We are not responsible for failed or delayed transactions caused by network conditions.

9.3 Smart-contract risk​

Despite audits and the bug bounty program, all smart contracts carry residual risk. You accept this risk when interacting with on-chain programs through the Service.

9.4 Token price volatility​

The market price of BTV, streamer-tokens, SOL, and any other digital asset may fluctuate significantly. We make no representation about future prices. Past performance does not predict future results.

9.5 Regulatory risk​

Cryptocurrency regulation is evolving. Adverse regulatory action in your jurisdiction may restrict or prevent your use of the Service.

9.6 Stablecoin risk​

USDC and USDT may de-peg from their reference fiat values. We hold treasury USDC at minimal exposure (see Treasury management policy) but cannot insulate users from issuer-side events.

10. Streamer-token issuance (Identity tier)​

If you are a Streamer using the Identity tier:

  1. You are the issuer of your streamer-token. BitView provides infrastructure but is not a co-issuer.
  2. You are responsible for compliance with applicable securities, consumer-protection, and tax laws related to the token.
  3. You may not represent the token as an investment, predict future prices, or solicit purchases as investment products.
  4. Vesting is on-chain enforced for your reserve allocation (10%, 2-year linear). You cannot unilaterally accelerate.
  5. The BitView protocol allocation (5% of supply, 4-year linear, 1-year cliff) is non-negotiable and is documented at token creation.
  6. Listing is at our discretion. We may delist your token from our discovery surface and swap router for Content Policy or regulatory reasons.

11. Sponsorship marketplace (Brands)​

If you are a Brand or Sponsor:

  1. You agree to KYB (Know Your Business) verification at marketplace onboarding.
  2. You acknowledge that campaign funds are escrowed by BitView until campaign distribution. Escrow is not interest-bearing.
  3. You understand that audience reach metrics are derived from on-chain claim activity and represent verifiable participation, not Twitch viewership averages.
  4. You may not direct campaigns at viewers under the age of 13 (or the applicable minor-protection age in the campaign's market).
  5. You agree to comply with applicable advertising and consumer- protection laws in the campaign's target markets.

12. Termination​

You may terminate your Account at any time by ceasing use and (if applicable) cancelling your subscription. You retain access to any already-funded Wallets, on-chain assets, and claimable distributions after termination — these are yours regardless of Service status.

We may suspend or terminate your access to the Service:

  • Upon a material breach of these Terms or the Content Policy.
  • Upon confirmed industrial-sybil behavior.
  • Upon a sanctions-list match.
  • Upon legal compulsion.
  • For our material business reasons (e.g., Service shutdown), with reasonable notice.

Surviving termination: Sections 8 (Anti-fraud), 9 (Blockchain risks), 13 (Disclaimers), 14 (Liability), 15 (Indemnification), 16 (Dispute resolution), and any provision necessary to enforce those.

13. Disclaimers​

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BITVIEW DISCLAIMS ALL WARRANTIES INCLUDING:

  • MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY OF DATA OR INFORMATION
  • UNINTERRUPTED OR ERROR-FREE OPERATION
  • THAT THE SERVICE OR UNDERLYING BLOCKCHAIN WILL MEET YOUR REQUIREMENTS

We do not warrant the value, utility, or future of any token — including BTV, streamer-tokens, or any other digital asset distributed, swapped, or claimed through the Service.

14. Limitation of liability​

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BITVIEW BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, GOODWILL, USE, DATA, OR DIGITAL ASSETS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE.

OUR TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF:

(a) THE AMOUNT YOU PAID BITVIEW IN SUBSCRIPTION, EVENT, OR LAUNCH FEES IN THE 12 MONTHS PRECEDING THE CLAIM, OR

(b) USD $100.

THIS LIMITATION DOES NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FRAUD, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

15. Indemnification​

You agree to indemnify and hold BitView harmless from any claims, losses, or damages (including reasonable attorneys' fees) arising from:

  • Your breach of these Terms.
  • Your violation of the Content Policy or applicable law.
  • Your issuance of any token, NFT, or campaign through the Service that is later determined to be a security or otherwise non-compliant.
  • Your misuse of the Service.

16. Dispute resolution​

NOTE TO COUNSEL: Default proposed framework is binding arbitration with class-action waiver under AAA / ICC rules, seat to be set per operating entity jurisdiction. Class-action waiver enforceability varies by jurisdiction and must be reviewed for the EEA, UK, and individual U.S. states. The clause below is a placeholder.

Any dispute arising from these Terms will be resolved by binding arbitration administered by [arbitration provider TBD] under its then-current rules, with the seat of arbitration in [seat TBD].

You and BitView waive the right to a jury trial and the right to participate in a class action, to the extent permitted by law.

This section does not prevent either party from seeking injunctive relief in court for intellectual property or confidentiality claims, or from filing complaints with regulators or government agencies.

17. Governing law​

NOTE TO COUNSEL: Governing law follows the operating-entity jurisdiction. Default proposed: Delaware (USA) or BVI. The choice drives 16, 18, and consumer-protection carve-outs.

These Terms are governed by the laws of [jurisdiction TBD] without regard to conflict-of-laws principles. Subject to the dispute resolution provisions in Section 16.

18. Modifications​

We may update these Terms from time to time. We will provide notice of material changes by:

  • Posting the updated Terms on the checkpoint site with a new effective date.
  • Notifying users via email (for subscribers) or in-app notification (for all users).
  • Providing a 30-day notice period before material changes take effect.

Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

If you do not accept updates, your remedy is to terminate your Account.

19. General provisions​

19.1 Entire agreement​

These Terms, together with the Privacy Policy and Content Policy, constitute the entire agreement between you and BitView regarding the Service.

19.2 Severability​

If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect.

19.3 No waiver​

Our failure to enforce any provision is not a waiver of our right to do so later.

19.4 Assignment​

You may not assign your rights under these Terms. We may assign our rights to a successor entity (e.g., in connection with a corporate restructuring or governance handoff under Roadmap §Phase 6).

19.5 Force majeure​

Neither party is liable for delays or failures to perform caused by events beyond reasonable control, including blockchain network outages, RPC provider failures, or government action.

19.6 No agency​

These Terms do not create an agency, partnership, or employment relationship.

19.7 Notice​

Notices to BitView: legal@bitview.so.

Notices to you: to the email address associated with your Twitch account or your in-app notifications.

20. Contact​

For legal questions: legal@bitview.so For privacy questions: privacy@bitview.so For security disclosures: security@bitview.so For general support: support@bitview.so

DRAFT v0.1. Final version replaces this banner with the effective date and version number on publication.