Terms of Services
We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. We will also notify you, either through the Platform user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Platform will be effective immediately. Your continued use of the Platform after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
What is BeWater?
BeWater is an open innovation platform built for onboarding builders and create a better ecosystem for our customers from various fields. Ecosystem building is our core service to inspire the innovation.
How do I use BeWater?
b) Member Account, Password, and Security: You are responsible for maintaining the confidentiality of your account and password, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify BeWater of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Platform. BeWater will not be liable for any loss or damage arising from your failure to comply with this Section.
c) Connecting your Wallet: To participate in challenges on the BeWater platform and receive challenge bonuses, users must connect their account to a digital wallet supported on MetaMask, WalletConnect, or other wallet extensions or gateways as allowed on the Platform.
d) Take Part in Challenges with Teammates and Upload Project
Users can participate in challenges hosted by BeWater by creating or joining a team and uploading an original project that does not infringe on any intellectual property rights. By uploading a project, the team leader grants BeWater a non-exclusive, worldwide, transferable, sublicensable, perpetual, irrevocable, and royalty-free license to use and reproduce the project and its content for the purpose of operating and developing the Platform, and to use and incorporate the project or its content on any marketing materials. The team leader also represents and warrants that the project is original and does not infringe any intellectual property rights, and that all related content contains only original content authorized for use by the team leader. BeWater may disqualify any team from a challenge if it determines that the team has violated any of these Terms or the rules of the challenge, and its decision is final and binding.
d) Modifications to the Platform: BeWater reserves the right to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. You agree that BeWater will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Platform.
What are the rules for using BeWater?
You may not access or use the Platform for any purpose other than that for which BeWater makes it available. The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by BeWater. Prohibited activity includes, but is not limited to:
criminal or tortious activity;
systematic retrieval of data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from BeWater;
making any unauthorized use of the BeWater Services, 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;
tricking, defrauding, or misleading BeWater and other users, especially in any attempt to learn sensitive account information such as passwords;
engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools;
interfering with, disrupting, or creating an undue burden on the Platform or the networks or services connected to the Platform;
attempting to impersonate another user or person or using the username of another user;
selling or otherwise transferring your profile;
using any information obtained from the Platform in order to harass, abuse, or harm another person;
using the BeWater Services as part of any effort to compete with BeWater or to provide services as a service bureau;
deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Platform;
attempting to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform;
harassing, annoying, intimidating, or threatening any BeWater employees or agents engaged in providing any portion of the BeWater Services to you;
deleting the copyright or other proprietary rights notice from any Platform content;
except as may be the result of standard search engine or Internet browser usage, using or launching, developing, or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software; or
using the Platform in a manner inconsistent with any and all applicable laws and regulations.
To learn about the rules for claiming the BeWater Genesis Badge, please check here.
What are the intellectual property rights on the Platform?
a) Builder Rights
The Builder owns all legal right, title, and interest in all intellectual property rights of the content underlying the projects uploaded on the Platform (such underlying content, the “Project Content”) and any content specific to a project that is not the Project Content (“Content”), including but not limited to copyrights and trademarks in the Project Content and Content, unless the Builder expressly transfers any such right, title or interest to a User or other third party. By uploading any project on the Platform, the Builder hereby expressly and affirmatively grants to the User a license to access and use the Project Content and Content.
Builder represents and warrants that its Project Content underlying any project uploaded on the Platform and Content contain only original content otherwise authorized for use by the Builder, and do not contain unlicensed or unauthorized copyrighted content, including any imagery, design, audio, video, human likeness, or other unoriginal content not created by the Builder, not authorized for use by the Builder, not in the public domain, or otherwise without a valid claim of fair use. The Builder further represents and warrants that it has permission to incorporate the unoriginal content, to the extent such permission is legally required.
b) BeWater Rights to Project Content and Non-BeWater Content
By uploading or showcasing any project (including Non-BeWater projects) on the Platform, User hereby grants to BeWater, and its Affiliates and its and their successors, a non-exclusive, world-wide, transferable, sublicensable, perpetual, irrevocable, and royalty-free license to (a) reproduce, display, perform, distribute and transmit the Project Content or Non-BeWater Content underlying such project, and Content, for the purpose of operating and developing the Platform, and (b) use and incorporate the Project Content or Non-BeWater Content underlying such project, and Content, or derivative works of any of the foregoing, on any marketing materials, and to reproduce, display, perform, display and transmit such marketing materials on any media whether now known or later discovered for the purposes of operating, promoting, sharing, marketing, and advertising the Platform. The foregoing licenses include, without limitation, the express rights to: (i) display or perform the Project Content or Non-BeWater Content underlying such project on the Platform, a third party platform, social media posts, blogs, editorials, advertising, market reports, virtual galleries, museums, virtual environments, editorials, or to the public; (ii) index the Project Content, Non-BeWater Content and Content in electronic databases, indexes, and catalogues; and (iii) host, store, distribute, and reproduce one or more copies of such Project Content and Content within a distributed file keeping system, node cluster, or other database (e.g., IPFS) or cause, direct, or solicit others.
Users can participate in various challenges hosted by BeWater by creating or joining a team and uploading an original project that does not infringe on any intellectual property rights. By uploading a project, the team leader grants to BeWater a non-exclusive, worldwide, transferable, sublicensable, perpetual, irrevocable, and royalty-free license to use and reproduce the project and its content for the purpose of operating and developing the Platform, and to use and incorporate the project or its content on any marketing materials. The team leader also represents and warrants that the project is original and does not infringe any intellectual property rights, and that all related content contains only original content authorized for use by the team leader. BeWater may disqualify any team from a challenge if it determines that the team has violated any of these Terms or the rules of the challenge, and its decision is final and binding.
c) Use of Social Links and Smart Contract
BeWater uses smart contracts to manage the prize distribution for winning teams, allowing for a transparent reward distribution system via Web3. By using the Platform, you acknowledge, understand, and agree that the Platform may use smart contracts and that such use is subject to the terms of the Terms of Service.
Any dispute or claim arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by arbitration in accordance with the Rules of the American Arbitration Association (the "AAA Rules"). The arbitration shall be conducted in San Francisco, California, USA, in the English language.
The arbitration shall be conducted by a single arbitrator, mutually agreed upon by the parties, or if the parties cannot agree, then appointed by the AAA. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award, or its enforcement, or unless otherwise required by law or judicial decision.
The parties hereby agree that any disputes or claims arising out of or relating to these Terms must be brought in their individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The parties expressly waive any right to participate in any class action against BeWater.
Notwithstanding the foregoing, BeWater may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
This Section will survive termination of these Terms.
Future Changes to BeWater Terms of Service
Notwithstanding any provision in these Terms to the contrary, BeWater agrees that if it makes any future change to these Terms (other than a change to the Notice Address) while you are a User of the Platform, you may reject any such change by sending BeWater written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
BeWater Terms of Service Updates
These Terms went into effect on 2023.3.31 and apply to all users, projects on BeWater on or after that date.