TERMS | BemeUp

:TERMS

Last Updated: 2025-08-31

By using BEMEUPs Platforms or Services, you acknowledge and agree that you have fully read, understood, and accepted these Terms. You acknowledge that these Terms are binding. You agree to always comply with these Terms and not to violate these Terms at any time. By agreeing with these Terms you also agree to our Privacy Policy.

1. Definitions

1.1 “BEMEUP” (also referred to as “we” or “us”) is the company XTH CRAFT UG, Friedhofstraße 5, 46045 Oberhausen, Germany, Company Registration Number: HRB 37668, Commercial Registry: Duisburg Court. Please read more on our Imprint page.

1.2. “BEMEUP Platforms” are any digital or physical infrastructure or space (whether operated by BEMEUP or by a third party) that enable you or thirds to interact with BEMEUP , BEMEUP Services or BEMEUP Users, e.g. social media, applications, websites, blockchains, video games, points of sale and events.

1.3. “BEMEUP Services” are any digital or physical interactions within BEMEUPs scope of influence (whether usage is tied to costs - such as subscriptions, spending credits, currency, digital currency, fees - or whether free of charge), which are enabled by BEMEUP Platforms, provided those interactions are not illegal by applicable law or restricted by the underlying Terms or other rules or guidelines provided via BEMEUP Platforms,. Where applicable the definition BEMEUP Services (whether physical or digital) may include, e.g. tokens or using tokens issued by BEMEUP for purposes offered by BEMEUP, messaging functions, content creation functions, generative artificial intelligence, commercial or non-commercial distribution of content, music players, mail ordering, digital social interactions, event tickets, uploading or downloading content, merchandize, referral programs, and exercising rights that BEMEUP Users may grant to BEMEUP.

1.4. “BEMEUP Users” are private persons or corporate entities that engage in using BEMEUP Platforms and/or Services.

2. Eligibility and Authorized Use

2.1. By using BEMEUP Platforms or Services, you affirm that you are at least 18 years of age, legally competent to enter into a binding agreement, and not prohibited from doing so by any law or regulation, applying to you or your or our jurisdiction.

2.2. You represent and warrant that you are not a citizen, resident, or entity of a country or currently located in a country where using BEMEUP Platforms or Services is prohibited by law, regulation, or decree. It is your sole responsibility to ensure compliance with applicable laws and regulations.

2.3. You represent and warrant that you are not involved, and have not been involved, and will not engage in violating the underlying Terms, or any criminal activities regarding money laundering, terrorist financing, tax evasion, fraud, or any other significant financial crime.

2.4. BEMEUP reserves the right to conduct background checks and screening procedures to verify whether or in how far you meet the forementioned criteria of eligibility and authorized use to use BEMEUP Platforms or Services.

2.5. Should BEMEUP discover reasonable indication that you do not or do not fully meet the forementioned criteria of eligibility and authorized to use BEMEUP Platforms or Services, BEMEUP reserves its rights to limit, refuse, cancel, terminate and/or revert your use BEMEUP Platforms or Services and/or any benefits you may have received hereof, and take any reasonable legal action to enforce these rights and prevent or mitigate any related harm, damage or loss from BEMEUP or BEMEUP Users.

2.6. BEMEUP may ask you at any time for reasonable proof of eligibility and authorized use to use BEMEUP Platforms or Services, and you agree to provide such proof within 14 days after such a request. Should you fail or delay providing such proof, we may at our discretion (and eventually irreversibly) deem your usage of BEMEUP Platforms or Services as not eligible and/or unauthorized use.

2.7. BEMEUP shall not be liable for any loss, damage, or legal consequences arising from any of the forementioned deficit or indicated deficit of your eligibility and/or authorized use of BEMEUP Platforms or Services.

3. Business Purpose and Service Limits

3.1. BEMEUP is focused on providing technical platforms and services to connect event organizers, DJs, artists event attendees and music listeners, to provide them features to engage, promote and earn, and to create, process and distribute music and related art.

3.2. You acknowledge that any information we, our employees, agents or affiliates provide in our or their marketing material, in BEMEUP Platforms or Services or in any other public statement or private correspondence, is neither financial nor professional advice. Such pieces of information are solely subjective opinions or views that may change at any time and do not constitute any form of assurance or guarantee. You agree that you will not rely on any such information for making financial, legal, or other decisions. BEMEUP is not responsible if you engage in using BEMEUP Platforms or Services to strive for financial benefits and we assume any of your interactions that could be interpreted as a financial intent (e.g. investing or trading) are solely to support the success and growth of BEMEUP as loyal BEMEUP User who is convinced of BEMEUPs purpose, BEMEUPs community and the BEMEUP team.

3.3. BEMEUP shall not be liable for any losses or damages resulting from your reliance on any information provided by BEMEUP , its employees, agents or affiliates. If you should nonetheless decide to engage in striving for financial benefits using BEMEUP Platforms or Services, you should consider seeking professional and certified advice by a before doing so.

3.4. Where there is a graphical user interface to any digital BEMEUP Platform or Service, this is meant for convenience or entertainment only and may not always display fully accurate real-time data. BEMEUP does not guarantee accuracy of the displayed information, including asset exchange rates, token amounts, status or fees of transactions, or other data. You agree to perform your own research (e.g. on-chain or on other suitable data sources) on any relevant data prior to any decision and action you may take when using BEMEUP Platforms or Services.

3.5. Some BEMEUP Services may only be shortly described, and we cannot always fully exclude that a service description may turn out to be incomplete, to leave possibilities for subjective interpretation, or to contain spelling mistakes or informational errors.

3.6. For some of the BEMEUP Services (especially regarding any content generation functions that rely on artificial intelligence, such as large language models and stable diffusion), there is a high probability of unexpected results that may strongly deviate from the service description or instructions (e.g. user prompts), that you may express by giving ideas or instructions as input information for such services. We cannot fully exclude that in some cases this may include illegal, offensive, or harmful results. For using such functions, you warrant preventing any such results to the best of your knowledge and ability, by formulating any user prompts in a way that reduces the likelihood of illegal, offensive, or harmful results, for example by not utilizing and not circumscribing any of the terminology in section 14 of the underlying Terms, that describes the behavior and content which violates our acceptable use policy.

3.7. You warrant not to start or continue to use any affected BEMEUP Platform or Service (or single functions within) for which you find or cannot exclude any of the informational limits, gaps, inaccuracies, mistakes and errors as described in the provisions of 3.4 and 3.5 or receiving unforeseeable results as described in provision 3.6, unless you are willing to take the sole responsibility for any damage or loss that may incur hereof and agree that this responsibility is integral part of any declaration of will you express through interacting with BEMEUP Platforms or Services.

3.8. Should you decide to start or continue using BEMEUP Platform or Service (or single functions within) despite your warranty given in provision 3.7, you will hold BEMEUP free of any related damage and claims and to indemnify BEMEUP for any related damage that should nonetheless incur to BEMEUP .

3.9. BEMEUP is dedicated using reasonable of its limited financial, technical human resources, to enable, maintain, explain, display, secure, improve and extend BEMEUP Platforms or Services continuously.

4. Blockchain & Responsibilities

4.1. Cryptocurrencies, including any tokens available or creatable via BEMEUP Platforms or Services, can be subject to extreme volatility and may experience significant price fluctuations. The value of such tokens may be determined by multiple factors, such as token distribution, issuer behaviour, sentiment, economy, supply, demand, regulation, politics, perceiced value and other forces. Thus there is no guarantee of liquidity, profitability, or future market value. If you engage into purchasing or otherwise receiving any such tokens you agree, to do this without any financial expectation and solely for the potential of supporting BEMEUPs growth and success.

4.2. Where your usage of BEMEUP Platforms or Services includes using cryptocurrency wallets, it is your sole responsibility to ensure that your informational understanding is sufficient, and your technical environment is secure in a way that is suitable to prevent damage or loss of any nature relevant within this context. This may include that you have to ensure interacting with the correct underlying blockchain network, wallet addresses, token accounts, smart contracts or programs, making decisions upon the correct blockchain data (i.e. from established liquidity aggregators, blockchain explorers, nodes, RPC endpoints, oracles or centralized exchanges), having a seamlessly running anti-virus-software installed, storing your passwords, seed phrases and private keys securely, verifying whether links are issued by official and trustworthy sources before opening them, and doing your own research on any information that you may find or being referred to by BEMEUP or thirds.

4.3. You warrant not to use any blockchain-related BEMEUP Platforms or Services, unless you have verified the criteria as described in provision 4.2 where applicable. BEMEUP shall not be liable for any loss or damage resulting from your slight or gross negligence on aligning with such criteria and you waive any right you might have in regard of recovery or compensation for resulting losses.

4.4. By using any blockchain-related BEMEUP Platforms or Services, you assume and carry all associated risks, including but not limited to the risk of loss due to volatility, hacking, phishing, malware, network failures, network congestion, and other technological risks. BEMEUP is not responsible for any damage or loss that may incur to you because of such interactions, and you expressly agree to hold BEMEUP harmless from any such.

4.5. For signing or assigning any blockchain transactions or messages directly related to BEMEUP Platforms or Services, you warrant to only use wallets that you and no other party owns the seed phrase and private key to (self-custodial wallets), and you warrant to neither share or transfer nor grant or enable access to such seed phrases and private keys to BEMEUP or a third party.

5. Presales

5.1. BEMEUP and BEMEUP Users may perform presales of tokens before they are publicly available at open markets. If you participate in such a presale, you solely acquire the right to receive the approximate amount of tokens displayed to you under the conditions (e.g. vesting) described in the application or platform at which the presale takes place.

5.2. The right to receive tokens as described in provision 5.1 may be subject to limitations or revocations (where applicable and possibly without refund) if you violate or if there is reasonable indication that you have violated the underlying Terms, especially if BEMEUP exercises its right to prevent or mitigate loss or damage from BEMEUP or BEMEUP Users as a result of your violation of the underlying Terms or of applicable law.

5.3 The amount of tokens you receive from participating in a presale might slighly diverge to the amount displayed to you upon participating in a presale. At our discretion and under reasonable circumstances (such as our intention to foster a more successful presale or token launch or to reduce risks) the amount of tokens you receive might significally diverge from the amount displayed to you upon participating in a presale. In case of such a significant divergence, the ratio of your token allocation to the total token supply shall (subject to minor deviations) be in accordance with the ratio that applied before the significant divergence of the absolute token allocations. Presales may take place in several rounds, and every round may lead to adapted tokenomics, whereby the token price shall be increased in every round, to benefit earlier presale participants.

5.4 Unless otherwise agreed, when participating in a presale, you warrant that none of your interactions with such a presale will directly involve wallets owned by centralized exchanges or other entities or people that store seed phrases or private keys on your behalf (non-custodial wallets), except the service of utilizing such such non-custodial wallets are provided to you BEMEUP.

6. Referral Programs

6.1. BEMEUP may operate and offer referral programs that you can participate in to become eligible for receiving token allocations to the crypto wallet(s) that you may utilize to engage in such referral program(s). Where applicable, the specific conditions of such referral program(s) are described where you can claim your referral code or referral link. You agree that BEMEUP may use cloud and/or blockchain technology to track all or parts of data from and about referral programs.

6.2. Participating in the referral program(s) does not guarantee that you receive tokens or a certain number of tokens for this engagement, e.g. in case you, a user you refer, or a user that refers you, infringe the rules of such referral program(s) or the provisions of the underlying Terms or applicable law.

6.3. The criteria and metrics for such referral program(s) may be subject to change at any time, where the given change serves the purpose to increase user engagement with the referral program(s), or where it serves protecting BEMEUP or BEMEUP Users, whether financially, reputationally, technical, physically or in another reasonable manner. of the data from and/or relevant for the referral program.7. Market Making

7. Market Making

7.1. BEMEUP reserves the right to generate returns from presales and publicly available tokens (e.g. by measures described in provision 7.2) and may use such returns to promote the continuation of BEMEUPs business, growth, improvement, and expansion.

7.2. Where technically possible, BEMEUP reserves the right to buy, sell tokens, perform treasury, mint tokens, burn tokens (e.g. by reducing token supply or taking tokens out of circulation irreversibly), modify the asset ratio in a liquidity pools, increase or decrease the asset mass in liquidity pools, set fees for liquidity pools, harvest fees from liquidity pools, add, remove or modify transfer fees or swap fees (token taxes), create new or terminate existing open market pools, set different prices for different liquidity pools, provide tokens across multiple blockchains and liquidity pools, offering different token prices at our own discretion, modify basic metrics of initial or ongoing supply distributions (tokenomics), modify the planned distribution of returns from token taxes (taxonomics), modify the business targets and procedures, modify documentations, e.g. in light papers, white papers, or program code repositories, engage into new, and modify or cancel the relations with existing partnerships, suppliers, sponsorships etc.

7.3. Where BEMEUP should perform any of the operations described in provision 7.2, BEMEUP does this to its best ability and knowledge about responsible measure taking with special attention to stabilizing prices and minimizing risk to extreme market sentiments and overreactions. BEMEUP reserves the right to treat such operations confidentially.

8. Intellectual Property and Copyright

8.1. All content, branding, and intellectual property associated with BEMEUP, including but not limited to the BEMEUP name, logo, software, website design, and other proprietary materials, are protected by copyright, trademark, and other intellectual property laws. By participating using BEMEUP Platforms or Services, you do not acquire any ownership rights, licenses, or intellectual property rights in BEMEUPs content, branding, or proprietary materials.

8.2. You may not use, reproduce, distribute, modify, or create derivative works of any BEMEUP intellectual property without the prior written consent of BEMEUP. Any unauthorized use of BEMEUPs intellectual property may result in legal action, including but not limited to claims for damages and injunctive relief.

8.3. For any content (such as images, videos, gifs, music, audio files, or similar) that you provide (e.g. upload or share) on, or that you send to BEMEUP in direct messages, you grant BEMEUP non-exclusive copyrights to this content. Such non-exclusive copyrights are granted without territorial or temporal limitation and include granting to BEMEUP the rights to store, reproduce, redistribute, edit, change, extend, reduce, broadcast, stream, sell, rent out, and use the material for further commercial and/or non-commercial purposes, including the right to sublicense.

8.4. Any remuneration that you may be legally entitled to, in exchange for BEMEUPs exercising of the rights you may grant BEMEUP for the content as described in provision 8.3, shall be deemed as satisfied by your usage of BEMEUP Platforms or Services, as this usage is free of charge and any payments you may perform are solely of voluntary nature. Thus, you waive any rights to receiving other forms of remuneration than the usage of BEMEUP Platforms or Services, including the right to claim other forms of remuneration or taking legal action against the forementioned remuneration procedure. Should you stop using BEMEUP Platforms or Services or should you use BEMEUP Platforms or Services only rarely, this does not justify exemptions from the forementioned remuneration procedure and shall be considered as waiver to remuneration in general.

8.5. If applicable, you may use feature in the BemeUp App that allow you to submit your content mentioned in paragraph 8.3 for digital distribution and exploitation via BemeUp (Streaming, Download, Social Media Sync etc) or to tokenize such content to generate decentraized assets on blockchain(s) such as fungible or non-fungible tokens that allow BEMEUP, and BEMEUP users and/or other third parties to mint, buy, sell trade or collect or earn from them. Where you make use of such features, you will grant to BEMEUP all necessary exclusive copyrights to perform the respective distribution and exploitation. Further details you will find where you can make use of such features in the BemeUp App. Please note that any action performed on a blockchain may be irreversible, which means that you have to grant certain copyrights without temporary limitation.

8.6. All exclusive copyrights to any content (such as lyrics, music and images) you may generate using tools in the BemeUp App belong to BEMEUP. If you have a paid subscription (e.g. "Cat Plan"; or "Tiger Plan"), you may exercise, for the time of your active subscription, non-exclusive distribution rights to the content (the exclusive exploitation rights remain at BEMEUP). You hold BEMEUP free from any damages or claims that may arise from the your distribution of any such content.

8.7. For any content you provide to BEMEUP Platforms, or generate by using BEMEUP Services, or send to BEMEUP directly, you warrant not to violate any intellectual property rights of thirds. BEMEUP assumes that you are the owner of all exclusive copyrights to any such content or have obtained valid written approval from the exclusive copyright holders, to ensure that BEMEUP can fully exercise its rights to the content without violating any intellectual property rights of thirds.

8.8. Any static images (without motion) that you or other BEMEUP Users generate by using BEMEUP services dedicated to image creation (e.g. text-to-image AI, or image-to-image AI), are of public domain for sole non-commercial usage, but without inhibiting BEMEUPs non-exclusive rights described in provision 8.3.

8.9. BEMEUP may, at its sole discretion, waive or delay for an indetermined period, an identity verification or revelation within the context of granting and exercising rights or related remuneration. However, you consent that BEMEUP engages in discovering and keeping track of any data of your identity relevant for exercising granted rights, enforcing claims, taking legal action or settling copyright infringement complaints, by using technical tools and/or information provided by third parties.

8.10. BEMEUP may ask you at any time to provide reasonable proof of identity (such as providing a copy of your ID card or participating in a third provider hosted Know-Your-Customer procedure) and/or proof of intellectual property ownership within the context of granting and exercising rights or related remuneration. You agree to provide such proof within 14 days from such a request. Should you fail or delay to provide such proof, we may at our discretion (and eventually irreversibly) terminate your user profile at BEMEUP Platforms, restrict or ban your access to BEMEUP Platforms or Services, withhold renumerations, revoke your rights to receive tokens from presales or referral programs, and/or take legal action (especially where required or reasonable to prevent or mitigate loss or damage from BEMEUP, BEMEUP Users or third party copyright holders to the content).

8.11. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, BEMEUP reserves the right to remove or disable access to any material that infringes (or assumes reasonable indication of infringing) the intellectual property rights thirds., and to perform any other measures defined under the DMCA, e.g. communicating the identities of the party with copyright complaint and/or counter- complaint to the respective other party, and/or to publicly replace removed or disabled content with the according data of pending or completed copyright infringement cases.

9. Payment

9.1. If available, you may buy Credits in the BemeUp App, that you may spent to utilize features and services in the App. Credits are non-refundable and cannot be used to perform withdrawal of earnings. To buy credits you may use any of the payment methods that are available to you in the App.

9.2. If available and applicable you may, earn rewards, percentages or other revenues by using the BemeUp App (in the following referred to as "Earnings"). In case you can achieve Earnings this will be visible to you inside the App where this feature is available to you. Earnings may be withdrawn by you under the conditions of the underlying terms and information you may find at the respective revelevant features inside the App. To withdraw Earnings, you may have available payment methods inside the App. BEMEUP reserves the right deduct a platform commisssion and any costs pr taxes related to the transfer of the withdrawal. Any such costs will be displayed to you upon your attempt to perform a withdrawal.

9.3. You agree and warrant to only use payment methods that are legal and compliant in the country of your residence, country of your temporary stay (where you actually are at the specific point of time) and country of legislation to your contractual relation with BEMEUP subject to the underlying terms.

9.4. You agree that BEMEUP may display various payments generically to all or certain groups of users and that BEMEUP is not resposbible to investigate or ensure which payment method is legal or compliant in the forementioned countries (and regions where applicable). BEMEUP does not warrant or guarantee the availability of any payment method. Where you decide to utilize a payment method that involves a third party (such as a payment provider, bank, credit card provider or similar), you agree and warrant to only use such payment method if you have read and agree to the terms and conditions of such third party where relevant for the particular transaction. Where applicable and as far as it is in our area of responsibility, such third provider information and links to their website or terms will be provided you you upon your attempt to perform a transaction.

9.5. If you decide to use Blockchain or Cryptocurrencies to perform a payment, you warrant that you are fully aware that funds can be completely lost if you provide wrong payment data, such as a wrong wallet address or a wallet address which is not compatible with the specific blockchain network you may choose.

9.6. You agree that BEMEUP may reserve and exercise the right to withhold all or parts of your Earnings or payments (such as refunds, token vestings or other outstanding payments to you), if you have infringed any relevant applicable law or the underlying terms or if there is reasonable suspicion to this. You agree that, if applicable, BEMEUP may withhold the Earnings and payments until the respective suspiction is finally disproven by the competent judical authority. You agree to provide any reasonable information to BEMEUP that we might ask you to provide in order to improve or accellerate the process of clarification to the reasons of witholding Earnings or payments.

9.7 You are aware that you are solely responsible to fulfill your tax payment and tax reporting obligations and warrant to hold BEMEUP free from any damages and claims resulting from your infringement of such obligations.

10. Liability

10.1. If you use BEMEUP Platforms or Services as a private person, you agree that where applicable, we and our agents are not liable to you for any loss of profits, loss of business, loss of revenue, business interruption, or loss of anticipated savings that may arise in connection with your use of BEMEUP Platforms or Services, and where not applicable, we are liable to you for such circumstances to the minimum extent permitted by applicable law.

10.2. If you use BEMEUP services as a commercial entity, you agree that we, our employees, our agents and affiliates (collectively referred to in this section as "we" or "us") shall, where and to the extent legally permissible by applicable law:

a) Exclude all implied conditions, warranties, representations, or other terms that may apply to BEMEUP Platforms or Services or their content.
b) Not be liable for any losses or damages that are not foreseeable consequences of our breach of these Terms or our failure to exercise reasonable care and skill.
c) Not be liable for any losses or damages (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) that arise from or relate to your inability or lack of information to use BEMEUP Platforms or Services or any content, functions, or programs available through BEMEUP Platforms or Services.
d) Not be liable for Loss of profits, Loss of sales, business, or revenue, Business interruption, Loss of anticipated savings, Loss of business opportunities, goodwill, or reputation, Loss of data or information (including content), Indirect or consequential damages or losses.
e) Not be liable for losses or damages caused by a distributed denial-of-service attack, viruses, malware, trojan horses, ransomware, or other harmful data, attacks, or information technology access that occur in connection with your use of BEMEUP Platforms or Services or any content, functions, programs, or information available through BEMEUP Platforms or Services.

10.3. BEMEUP does not exclude or limit in any way its liability to you where it would be unlawful to do so, for example liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors.

10.4. BEMEUP is not responsible for, and assumes no liability for, circumstances beyond its control, where applicable including but not limited to attacks on decentralized systems, security vulnerabilities in smart contracts, scaling limitations or capacity saturation, data or system migrations, doxing or impersonating through thirds, losses due to market crashes, missed gains, or changes in laws that prohibit or restrict the use of cryptocurrencies, (non-)fungible tokens, or decentralized systems.

10.5. You agree to indemnify and hold BEMEUP harmless from any claims, damages, losses, expenses, or liabilities arising from your breach of these Terms. This indemnification obligation includes any costs incurred by BEMEUP in defending against such claims, including but not limited to legal fees and court costs.

10.6. BEMEUP shall not be liable without own failure or any failure or delay in performance due to causes beyond its reasonable control, including but not limited to natural disasters, acts of war, terrorism, labor disputes, governmental actions, internet failures, malfunction of essential technical third-party service, or other events of force majeure.

11. Governing Law and Dispute Resolution

11.1. If your legal residence (in case you are a private person) or your headquarters (in case you are a company or representing a company) is in Germany, these terms shall be governed by German law and, unless otherwise agreed, any arising disputes shall be settled by a German court of BEMEUPs choice.

11.2. If your legal residence (in case you are a private person) or your headquarters (in case you are a company or representing a company) is not located in Germany these terms shall be governed (without regard to conflicts of law principles) by Swiss law and, unless otherwise agreed, any arising disputes shall be settled by a German or Swiss court of BEMEUPs choice.

11.3. For any disputes arising out of or relating to these Terms and any other relation between you and BEMEUPs, each party shall, unless otherwise agreed, bear its own costs and expenses.

11.4. To the extent permitted by applicable law, any claims against BEMEUP arising out of or relating to these Terms or any other relation between you and BEMEUP must be brought within one year after the claim arises, or otherwise the claim shall be permanently barred.

12. Miscellaneous Provisions

12.1. BEMEUP reserves the right to modify, amend, or update these Terms at any time without prior notice. Any such changes will be effective immediately upon posting on the BEMEUPs website. It is your responsibility to regularly review these Terms to ensure you are aware of any changes. Continued use of the BEMEUP platform following any such modification constitutes your acceptance of the modified Terms.

12.2. If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be amended to the minimum extent necessary to make it valid, legal, and enforceable. If amendment is not possible, the relevant provision will be deleted, and the remaining provisions shall continue in full force and effect.

12.3. Any failure of BEMEUP to enforce any of our rights or any provision of these Terms shall not constitute a waiver of such right or provision. No waiver of BEMEUP to any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. BEMEUP may assign or delegate its rights and obligations under these Terms without notice or consent.

12.4. These Terms constitute the entire agreement between you and BEMEUP regarding your interaction with BEMEUP Platforms or Services and any related act, and shall supersede any colliding prior agreements, (pre-)contractual negotiations, and understandings, whether written, verbal or silent. Other agreements or side agreements are possible in written form but shall explicitly refer to the underlying Terms.

12.5. You may not assign, transfer, or delegate any rights or obligations under these Terms without the prior written consent of BEMEUP.

12.6. All notices, requests, consents, claims, demands, waivers, and other communications under these Terms shall be in writing and shall, unless otherwise agreed, be delivered per email to support@bemeup.club, and BEMEUP reserves the right to accordingly delivered such information to the contact address (whether via post mail, email or through social platforms or messaging applications), of prior predominant correspondence with you or, in case BEMEUP cannot verify the receipt, or in case you have not replied within a reasonable time, also to any medium of prior correspondence or public contact information you have provided through your public online appearance.

13. Acceptable Use

13.1. Unless you have our explicit written permission, you may only use the BEMEUP platform for your own personal use. Unless otherwise agreed, you may not sell, rent, transfer, share, or make other commercial use of BEMEUP Platforms or Services and content contributed to or generated through BEMEUP Platforms or Services.

13.2. You may not sell, rent, transfer, sublicense, assign, or otherwise exercise rights you do not possess over content and licenses obtained using the BEMEUP Platforms or Services. You may only exercise those rights to the extent, in the manner, and for the duration provided to you in a license agreement, e.g. as described in the underlying Terms and/or an additional agreement.

13.3. You agree to use the BEMEUP Platforms or Services only in a lawful manner and for lawful purposes consistent with these Terms.

13.4. You must not use the BEMEUP Platforms or Services in any way that exploits, harms, or attempts to exploit or harm individuals (especially if under 18 years of age).

13.5. You must not use the BEMEUP Platforms or Services in any manner that includes, suggests, involves, or relates to any of the following:

Pornography, violence, sex work, human trafficking , drug abuse, firearms, other weapons, cannibalism, doxing, gaslighting, nudity, blood, pus, injuries, wounds, urine, feces, vomit, necrophilia, bestiality, incest, suicide, self-harm, blackmail, bribe, fraud, rape, impersonating, torture and any other content or behavior which is illegal or likely to be illegal under applicable law.
Content that discriminates, slanders, humiliates, dehumanizes, excludes, attacks, threatens, or incites hatred or violence against or fear of a group or individual based on ethnicity, origin, nationality, immigration status, caste, religion, gender, gender identity, sexual preferences, age, weight, genetics, appearance, disability, illness, dietary preferences, political beliefs, party affiliation, veteran status.
Content suggesting that BEMEUP or third parties (whether individuals or companies) endorse, license, or support something they do not, and for which you have not been given permission to create such impressions.

Unfounded, false, illegal, or malicious complaints, such as those regarding copyright infringement, content, users, or user behavior.

Recruiting BEMEUP Users, directing BEMEUP Users to other platforms or services than BEMEUP Platforms or Services, or attempting to do so.

Mentioning or referencing other platforms or services, than BEMEUP Platforms or Services, especially those offering similar features or possibilities as BEMEUP Platforms or Services, unless required to use BEMEUP Platforms or Services.

Advertising (especially through spam) for third parties or for your own commercial or profit-oriented activities outside of the BEMEUP Platforms or Services unless expressly permitted by these Terms through our written permission, such as advertising products, services, company names, activities, services, or sales, contests, sweepstakes, promotions, product placements, job postings, etc.

Lotteries, gambling, or references thereto.

Terrorism, racism, fascism, national socialism, religious fundamentalism.

Statements or actions that are likely to disturb public peace.
Calls for or references to demonstrations, assemblies or election decisions.

13.6. You agree to not stalk, bully, discriminate, harass, intimidate, threaten, or insult others, when using BEMEUP Platforms or Services.

13.7. You agree not to engage in misleading or fraudulent behavior, or in any behavior intended to deceive or mislead BEMEUP Users that you discovered or interacted with via BEMEUP Platforms or Services.

13.8. You agree not to violate intellectual property rights (e.g., copyrights, trademarks, trade secrets, goodwill, personality rights, privacy and data protection rights), such as recording, duplicating, sharing, exploiting, altering, publicly communicating, or otherwise infringing protected content without a license or permission.

13.9. You agree to not impersonate BEMEUP or act on behalf of BEMEUP, or in relation to our employees, agents, suppliers, or other companies or individuals with whom we are connected or that you discovered or interacted with via BEMEUP Platforms or Services.

13.10. Unless we have expressly permitted you, you will not suggest any partnership with BEMEUP, sponsorship by BEMEUP, or undertake or cause anything that suggests a connection between you and BEMEUP that is not true. This also applies to our employees, agents, suppliers, or other companies or individuals with whom we are connected or that you discovered or interacted with via BEMEUP Platforms or Services.

13.11. Do not take or cause any actions intended or likely to artificially increase impressions for your content or interactions, (e.g. likes, reactions, comments, views, accesses, reposts, followers, etc.). Do not take any actions that result in fake, misleading, or repetitive impressions, or impressions of low quality.

13.12. Do not reproduce, print, edit, alter, publish, store, transmit, process, upload, download, exploit, or send content unless you are permitted to do so under these Terms, through our permission, or through a license you have obtained through these Terms, another agreement with BEME or from an exclusive copyright holder consistent with these Terms.

13.13. Do not (whether intendedly or unknowingly) introduce any harmful software or data BEMEUP Platforms or Services, such as viruses, trojan horses, worms, logic bombs, or similar.

13.14. Do not attempt to copy, manipulate, circumvent, decompile, publish, distribute, reverse engineer, alter, or otherwise discover, derive, or influence any source code of BEMEUP Platforms or Services.

13.15. Do not attempt to impair, exhaust or overload BEMEUP Platforms or Services, its systems, security, quality, performance, or any other aspects in any way.

13.16. You agree to neither use programs, devices, codes, or processes (e.g., web crawlers, robots, bots, spiders, or automated scripts) to automatically access the BEMEUP Platforms or Services or any server, network, or system connected to BEMEUP Platforms or Services, nor to extract, alter, scrape, or collect information from it.

13.17. Unless we have explicitly authorized it, you will not use the name, logo, trademark, or any designs, slogans, or other aspects that belong to us, that we have created or used, or that are subject to our intellectual property rights.

13.18. Do not publish, distribute, upload, transmit, or copy personal data or private or confidential information about yourself or others, such as telephone numbers, location information (including addresses, IP addresses, and GPS coordinates), names, identification documents, email addresses, login credentials, security questions, employers, club memberships, non-pseudonymous financial information such as bank account or credit card data, biometric data, or medical records. Exceptions to this provision may be allowed where required to fulfill your or BEMEUPs contractual duties or legal duties set by applicable law.

13.19. Violations of the acceptable use may (where reasonable to prevent or mitigate harm or damage from BEMEUP, BEMEUP Users, or thirds) result in: (i) limitation, suspension or termination of any user profile you may have on BEMEUP Platforms, and/or (ii) permanent ban from the BEMEUP Platforms or Services, and/or (iii) limitation or rejection to your access to BEMEUP Platforms or Services, and/or (iv) freezing, limiting, withholding, or deducting rewards, unvested tokens, payments, and remunerations, and/or (v) possible legal action against you.