Brave Rewards: Terms of Service for Users

Brave Software International SEZC

These Brave Rewards User Terms of Service ("Terms") apply to your access to and use of the Services (as defined in Section 1 below) provided by Brave Software International SEZC, a Cayman Islands company ("Company" or “we”, “our”, “us”). By accessing or using our Services, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 16, do not access or use our Services.

If you have any questions about these Terms, please contact us at legal@basicattentiontoken.org.

You and Company agree as follows:

1. Overview and Scope

Company operates a platform (the “Platform”) for advertising, contributions to creators (i.e., eligible websites or content creator channels/accounts that participate in the Platform by signing up with creators.brave.com ("Brave Verified Creators")), earning rewards, and other attention-based services in connection with the Brave Browser. People who use the Brave Browser may activate the Platform’s rewards feature ("Brave Rewards"), which allows them, under certain circumstances (described below), to earn Basic Attention Tokens ("BAT") for viewing or interacting with advertisements from certain advertisers ("Outside Advertisers"), and/or to make contributions to Brave Verified Creators, as described in these Terms. These Terms govern the services (the “Services”) that Company makes available to Brave Browser users who activate Brave Rewards ("Brave Rewards Users").

Please note that the functionality, features, and availability of the Platform and Services may vary depending on your operating system, device, region, or other factors. The Company reserves the right, in its sole discretion, to modify, limit, or restrict access to the Platform and Services across different platforms and regions. Such potential variations should be taken into account when considering any of the features or functionalities of the Platform and Services described herein.

2. Eligibility

In order to access and use our Services, you must:

1. be at least 18 years old and have the capacity to enter into a legally binding agreement,
2. comply with all the terms and conditions set forth in these Terms, and
3. activate the Services as described in Section 3 below.

You may not access or use our Services if:

1. you have been suspended from using our Services,
2. under the applicable law of the jurisdiction(s) in which you reside or conduct business, you are prohibited from using the Services or do not have the requisite licenses or other governmental authorizations to use the Services,
3. you are located in a country that is subject to a U.S. government embargo or comprehensive sanction, or that has been designated by the U.S. government as a “terrorist supporting” country,
4. you are listed on any U.S. government list of prohibited or restricted parties, or
5. your use of the Services breaches any other agreement to which you are a party.

If you are accessing or using our Services on behalf of another person or entity: references to “you” in these Terms collectively refer to you and that person or entity, and you represent that you are authorized to accept these Terms on that person’s or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

3. Activation & Connecting Accounts

3.1 Activation

To participate in Brave Rewards, you must activate the Services within your Brave Browser and review and accept these Terms with the Company.

Note that when you activate Brave Rewards, you may be prompted to enable or opt in to other Brave features (such as but not limited to our Web Discovery Project). These features can operate independently of Brave Rewards even if they are promoted via the Brave Rewards interface.

3.2 Deactivation

You can discontinue your participation in Brave Rewards at any time. You may do so by accessing brave://rewards/ and deactivating specific components of the Brave Rewards feature, or by resetting the Brave Rewards feature entirely. Resetting will return your Brave Browser to a pre-activation state. If you deactivate the Brave Rewards feature and return to a pre-activation state, you will not be eligible to earn via Brave Rewards.

Note that deactivating or resetting Brave Rewards may not automatically deactivate other features of Brave you have enabled, including features you may have been prompted to activate, or did activate, via the Brave Rewards interface. These other features may need to be deactivated separately.

3.3 Connecting Accounts to Brave Rewards

You may be eligible to connect an account to Brave Rewards. This account can be either (i) a custodial account ("Custodial Account") from a third party authorized by the Company, or (ii) a self-custody Web3 address/account ("Web3 Address") deemed eligible by the Company.

3.3.1 Custodial Accounts

The following companies currently provide Custodial Account services to Brave Rewards Users: Awlencan Innovations India Ltd ("ZebPay"), bitFlyer, Inc. ("bitFlyer"), Gemini Trust Company, LLC ("Gemini"), and Uphold, Inc. ("Uphold") (collectively, the "Custodial Account Providers"). The relevant portions of these Terms shall also apply with respect to any Custodial Account Provider partners added in the future but not listed here, unless otherwise specified.

Note that the Company and its Custodial Account Providers may limit the services available to Brave Rewards Users based on licensing, geography, or other considerations. Also note that you may be required to complete additional verification steps (such as ID verification) with the Custodial Account Provider. By establishing a Custodial Account with a Custodial Account Provider, you agree to comply with their terms and conditions and any applicable privacy notices or policies. You are responsible for reviewing the Custodial Account Provider’s terms and conditions carefully, as your use of a Custodial Account is subject to those terms.

Company reserves the right to impose and modify the conditions, requirements, restrictions, or limitations under which Custodial Accounts can be, or remain, connected to the Platform, and reserves the right to terminate the connection between your Brave Rewards profile and Custodial Account at any time.

Security & Responsibility

You are responsible for maintaining exclusive control of your Custodial Account. Company is unable to assist you should you fail to maintain exclusive control of your Custodial Account or should you require any other assistance with your Custodial Account. Company has no responsibility or liability with respect to any activities or disputes between you and a Custodial Account Provider.

Account Functionality

A Custodial Account will allow you to receive, hold, and transfer (e.g., withdraw to a Web3 address) the BAT you have earned and been paid out through Brave Rewards (see Section 4). Depending on the services offered by your Custodial Account Provider, a Custodial Account may also enable you to receive, hold, and transfer BAT acquired through other means that you deposit into your account. All functionalities of your Custodial Account are subject to the terms and conditions of your Custodial Account Provider.

3.3.2 Self-Custody Web3 Addresses

To connect a self-custody Web3 Address to Brave Rewards, you must prove ownership of the Web3 Address by submitting a cryptographic signature corresponding to the address, and meet any other connection criteria set by the Company. The Company reserves the right to impose and modify any conditions, requirements, restrictions, or limitations under which Web3 Addresses can be, or remain, connected to Brave Rewards. The Company reserves the right to terminate the connection between your Rewards profile and your Web3 Address at any time.

Security & Responsibility

You acknowledge that the Company has no control over your Web3 Address and has no access to your private keys. You assume sole responsibility for the control and security of your Web3 Address and any funds or assets associated with it. Company is unable to assist you should you fail to maintain control of your Web3 Address, or should you require any other assistance with that address. Company has no responsibility or liability with respect to any activities or disputes between you and a Web3 network or its related parties, such as its community, developers, operators, etc.

Network Functionality & Fees

You accept that network fees (such as transaction fees, “gas” fees, rent fees, etc.) may be imposed by the Web3 network or related parties. You also accept that payment of these fees by you might be required in order for you to receive, access, manage, maintain, or use the assets (such as BAT) associated with your Web3 Address in connection with your use of the Platform and Services.

Note that the functionalities available to your Web3 Address (including the types of transactions you can conduct with it and the methods by which they are executed) ultimately depend on the Web3 network or protocol, and are not defined or controlled by the Company.

You acknowledge and accept that Web3 Addresses and any activity associated with them (including transactions in connection with your use of the Platform and Services) are in many cases public, immutable, and unencrypted, and that the Company bears no responsibility or liability with respect to any issues you may encounter in relation to these facts.

4. Earning from Ads in Brave

Brave Rewards provides you with an opportunity to earn BAT for viewing or interacting with eligible ads served in the Platform from Outside Advertisers ("Ads"). The Company may also show its own ads within the Platform ("House Ads"), but they are not eligible for earning BAT. Ads come in different formats and types. The earning potential associated with each Ad may vary by format, type, region, or time. You should not assume uniform earnings across different Ads.

Note that promotional content displayed in the user interface ("Promos") not integrated with or delivered through the Platform’s advertising system are not eligible for earning BAT.

BAT earnings you accrue are paid to your connected Custodial Account or Web3 Address according to a payout schedule determined by the Company, though typically once a month (see Section 4.1). In order to earn in this way:

1. You must be using a version of the Brave Browser with Brave Rewards. (Note that Company can limit Brave Rewards or Ads functionality to those on sufficiently recent versions of the Brave Browser, as determined by the Company.)
2. You must have a Custodial Account or Web3 Address connected to your Brave Rewards profile, and meet any other eligibility criteria for earning, as determined by the Company.
3. You must view one or more Ads from eligible types and formats. (This includes eligible Ads that are visible by default in the Brave Browser regardless of Brave Rewards activation, and Ad units that only become available once Brave Rewards is activated.) Note that there is no guarantee of Ads availability or any minimum number of Ads, even if Brave Rewards and Ads are generally available in your region.
4. You must be in compliance with these Terms.

If all these requirements are met, you will earn BAT based on the Ads you viewed or interacted with over the course of the given period.

User Share

You earn BAT equal to a percentage ("User Share") of the revenue the Company receives from eligible Ads displayed to you. For eligible Ads shown to you on “User-Owned Ad Space”, this User Share percentage will be equal to or greater than the percentage retained by the Company.

User-Owned Ad Space includes:

1. Space on user interface elements of the Brave Browser application
2. Space on user interface elements of your device’s operating system that interact with the Brave Browser, such as system notifications or other elements triggered by the browser

User-Owned Ad Space excludes:

1. Webpages (including webpages owned by the Company)
2. Third-party content

Note that these exclusions apply even when such content technically appears in the Brave Browser application.

You acknowledge that the User Share percentage figure is an approximate target, and not a guaranteed monthly rate. Due to complexities in Ad value calculations, your actual earnings in any given month may vary from this target. Furthermore, our privacy-preserving protocols (see Section 4.4) make it impossible to determine with certainty whether you or any individual user received the User Share percentage of revenue corresponding to the specific Ads you viewed. By opting to participate in Brave Rewards, you expressly acknowledge, understand, and accept these caveats surrounding:

1. The inherent limitations resulting from the implementation of privacy-preserving protocols;
2. the approximate nature of the User Share target; and
3. the variability in monthly earnings.

4.1 Payouts

During a payout, the Company sends BAT to your connected Custodial Account or Web3 Address. Earnings and payout amounts may include fractional BAT values. The Company may also include bonus amounts in a payout at its sole discretion.

To be eligible for a payout of your earnings accrued within a given period, you must meet the following conditions at the time of payout:

1. Your Rewards profile must be in good standing: i.e., not suspended or flagged (also see Section 10 on Prohibited Conduct);
2. Your connected Custodial Account or Web3 Address must be capable of receiving payouts from the Company.
3. You must meet any other eligibility requirements as set by the Company (such as, but not limited to, claiming your earnings within a designated time period ("Claim Period")). Note that you may be allowed to proactively signal your claim to any potential upcoming earnings. This signaling does not guarantee the existence of earnings but simply establishes your claim to any earnings (if any) for the corresponding period.

In the event that you are not eligible for a payout because (i) your Brave Rewards profile is not in good standing at the scheduled payout time, or (ii) your Custodial Account or Web3 Address is limited/restricted at payout time and thereby incapable of receiving a payout, or (iii) you failed to meet any other eligibility requirements for payouts (including, but not limited to claiming your earnings during the Claim Period), you acknowledge and agree to the following:

1. Should your profile subsequently return to good standing, or should your Custodial Account or Web3 Address regain the ability to receive payouts, that you will not be entitled to any earnings or payouts that were not distributed to you during the period in which your profile was not in good standing or your Custodial Account or Web3 Address was limited/restricted;
2. ANY EARNINGS ACCRUED BUT NOT PAID OUT, DISTRIBUTED TO, OR RECEIVED BY YOU, FOR ANY OF THE AFOREMENTIONED REASONS, WILL BE CONSIDERED FORFEITED. IF YOU DO NOT CLAIM EARNINGS DURING THE APPLICABLE CLAIM PERIOD, THEY WILL BE AUTOMATICALLY FORFEITED.

By accepting these terms, you understand that maintaining your Rewards profile in good standing, ensuring your connected accounts are fully functional, and meeting any other applicable requirements, is crucial for uninterrupted receipt of earnings and payouts.

Once you receive your BAT earnings to your connected Custodial Account or Web3 Address, you can use your BAT according to the functionalities made available to you by your Custodial Account provider or relevant Web3 network (see sections 3.3.1 and 3.3.2). Note that any BAT that has already been paid out to you is not controlled by the Company.

4.2 Market Value and BAT Purchases

Company’s Ad revenue and Ads pricing for Outside Advertisers is denominated in United States Dollars (USD).

When the Company purchases BAT to fund payouts to you and other users, the exchange rate is determined by the exchange platform used for the purchase. The Company has typically used Gemini, Uphold, and Coinbase to purchase such BAT. However, the Company reserves the right to use whichever exchange services it deems appropriate to make such purchases at any given time. The Company may share information about its BAT purchases on https://brave.com/transparency/ and https://basicattentiontoken.org/growth/.

Note that the BAT to USD (or other asset) exchange rate fluctuates. Consequently, the USD value of your BAT earnings may vary and change at any given time. The USD (or other) value of BAT in the Brave Rewards interface is determined by reputable data sources (such as but not limited to CoinGecko). The Company reserves the right to change its data sources to other reputable providers at any time and without prior notice.

4.3 Limitations

Availability of the Platform and Services may vary by region and platform, and may change from time to time. You accept that if you are affected by a change in availability of the Platform and Services, you may suddenly no longer be eligible to earn or receive payouts, including payouts for any earnings yet to be paid up until that point.

Note that any BAT that has already been paid out to you is not controlled by the Company. Therefore, your control over such BAT will be unaffected by changes in availability of the Platform and Services. However, your ability to use such BAT within the Platform and Services may be affected.

Regional limitations

Brave Rewards and Ads are only available in certain regions, which may change from time to time. If you are not in one of these regions, you may not make any attempt to circumvent these regional limitations in order to gain access to Brave Rewards or Ads, and you may not make any attempt to receive Ads not intended for your region.

Platform limitations

Note that for users on iOS mobile devices, Apple’s App Store rules currently prevent the Company from offering an earning feature like the one available in Brave Rewards on other platforms (for example, as described in Section 4). While such rules are in effect, your experience on iOS may differ significantly from other platforms.

4.4 Privacy Protocols

The Services are designed to protect your privacy. When you view or interact with Ads, we use certain cryptographic techniques and protocols to protect your privacy. For instance, the Company does not learn which particular Ads you saw or interacted with, but only an aggregate that allows the Company to determine how much BAT you have earned.

When you enable Brave Rewards, your browser is enrolled in an anonymous identification system. Once enrolled, your browser can authenticate with our servers at the time of Ad interaction. For example, when you see or click on an Ad, this identity system proves that you are an enrolled Rewards user in good standing without revealing your particular browser or user identity or any other information that can be traced back to you. Potential earnings from these interactions are tallied anonymously, ensuring that only the approximate BAT earned is revealed and not the Ads interacted with. This way, your actions stay private, and you can earn BAT without the Company ever knowing which specific Ads you saw or chose to interact with.

For more technical details on our privacy-preserving Ad confirmation protocol, please see our documentation here: https://github.com/brave/brave-browser/wiki/Security-and-privacy-model-for-ad-confirmations. We also encourage you to review our Privacy Policy here: https://brave.com/privacy/.

5. Contributions

The Platform offers various features that allow Brave Rewards Users to contribute to Brave Verified Creators. You may use BAT and any other assets or currencies that the Company, in its sole discretion, makes available through the Platform’s contribution features to support Brave Verified Creators. The Company reserves the right to collect up to 5% of contributed amounts as a service fee for providing such contribution features as part of the Platform.

Note that your contribution activity does not entitle you to any additional earnings, rewards, or benefits. However, the Company may, at its sole discretion and without creating any obligation, offer additional earnings, rewards, or benefits related to contribution activities. Any such offers may be modified, suspended, or terminated at any time without prior notice.

You acknowledge and agree that the Company shall not bear any liability or responsibility for contributions you choose to make to Brave Verified Creators.

5.1 With a Custodial Account

If you have a Custodial Account connected to Brave Rewards and choose to make a contribution using assets from your Custodial Account to a Brave Verified Creator, one or more transactions will be initiated to transfer the relevant assets (including to pay any fees of the Platform and Services) from your Custodial Account. This will be done by making requests to your Custodial Account Provider’s API. These transactions are subject to your Custodial Account Provider’s terms and conditions. You acknowledge and agree that the Company cannot modify, cancel, or reverse these transactions with your Custodial Account Provider, and that the Company shall not bear any liability or responsibility for contributions you choose to make to Brave Verified Creators from a Custodial Account.

5.2 With a Web3 Wallet

The Platform provides features that enable you to send contributions to the registered Web3 addresses of Brave Verified Creators using a Web3 wallet. Should you use a Web3 wallet to contribute to Brave Verified Creators, you agree and acknowledge that your use of a Web3 wallet is governed by the respective terms and conditions of the Web3 wallet provider.

You acknowledge and accept that transactions made via Web3 wallets are transmitted over decentralized networks (e.g., blockchain networks such as but not limited to Ethereum or Solana) and are in many cases public, immutable, and unencrypted, and that the Company bears no responsibility or liability with respect to any issues you may encounter in relation to these facts. You also acknowledge and agree that the Company has no ability to modify, cancel, or reverse such transactions, and that the Company shall not be liable or responsible for any issues arising from your use of Web3 wallets to make contributions to Brave Verified Creators.

5.3 Indirect Support

The Company may provide you with features that enable you to indirectly support the Company and its Platform and Services. This indirect support feature ("Indirect Support") operates as follows: When Indirect Support is active, the Company will retain all advertising revenue from Outside Advertisers generated through your use of Brave Rewards and viewing of Ads while not earning for yourself.

Note that when Indirect Support is active, no BAT will be earned or paid out to you as described in Section 4. Also note that if you are not eligible to earn for yourself because you do not have a Custodial Account or Web3 Address connected to Brave Rewards, you may not be able to disable Indirect Support without deactivating Brave Rewards entirely.

By accepting these terms, you acknowledge the Company’s right to use this retained revenue at its sole discretion, and waive any right to contest the use or allocation of such revenue.

6. User Growth Pool

The User Growth Pool ("UGP") is a pool of Company-owned BAT allocated to encourage use of the Platform and Services, and the Company may in its discretion use UGP BAT in a variety of ways toward this end.

7. Taxes

You are responsible for determining what, if any, taxes apply to your use of the Services, and for withholding, collecting, reporting and remitting the correct taxes, if any, to the appropriate tax authorities. Company is not responsible for withholding, collecting, reporting, or remitting any tax arising from your use of the Services.

8. Brave Verified Creators and Advertisers

Company is not a party to and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any Brave Verified Creator or Outside Advertiser. Company has no control over and has no responsibility or liability with respect to Brave Verified Creator content. Company has no responsibility or liability with respect to Outside Advertiser content. Company does not have any obligation to investigate or verify the reputation, conduct, morality or criminal background of any Brave Verified Creator or Outside Advertiser.

While the Brave Browser may denote URLs that belong to Brave Verified Creators, such denotation indicates only that the Brave Verified Creator is registered with Company and may be eligible to receive contributions, and not that Company endorses the Brave Verified Creator. While the Brave Browser may display ads from Outside Advertisers, such display indicates only that the Outside Advertiser is registered with Company and eligible to place ads, and not that Company endorses the Outside Advertiser.

9. Privacy

The Brave Browser is provided by Brave Software, Inc. (https://brave.com) ("Brave US"). The information you provide to Brave US via the Brave Browser when accessing the Services is subject to the Brave Browser Privacy Policy, available at https://brave.com/privacy/. The section dedicated to Brave Rewards is available here: https://brave.com/privacy/browser/#rewards.

10. Prohibited Conduct

While using or accessing our Services, you will not:

1. violate any applicable law, contract, intellectual property or other third-party right, or commit a tort;
2. engage in, encourage or promote any activity that violates these Terms;
3. attempt to circumvent any content-limiting techniques we employ;
4. develop or use any non-Brave scripts or applications designed to scrape, interact with, or extract data from the Services;
5. use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from utilizing the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
6. use the Services for benchmarking purposes or for the purpose of developing a competitive product;
7. defraud or abuse the Services in order to extract funds or rewards from the Platform in a way inconsistent with ordinary, good-faith usage of the Platform; or
8. manipulate, or attempt to manipulate, the Services in any way.

11. Acknowledgment of Risks Related to Platform and BAT

As noted above, the integration of the Platform with the Brave Browser is an integral part of the Services. You acknowledge and agree that there are risks associated with accessing and using the Platform and holding BAT, as disclosed and explained in Exhibit C of the BAT Terms of Sale, available at https://basicattentiontoken.org/terms-and-conditions/. If you have any questions regarding these risks, please contact us at legal@basicattentiontoken.org. By using the Services and the Platform and holding BAT, you expressly acknowledge and assume these risks.

12. Indemnification

By using the Services, you agree, to the fullest extent permitted by applicable law, to indemnify, defend and hold harmless Company and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (the “Company Parties”) from and against all claims, demands, actions, damages, losses, costs and expenses (including attorneys’ fees) that arise from or relate to:

1. your access or use of the Services, including any contributions you make as part of the Services,
2. your responsibilities or obligations under these Terms,
3. your violation of these Terms, or
4. your violation of any rights of any other person or entity.

You agree that you will not sue or recover any damages from the Company Parties as a result of their decision, with or without warning, to suspend, terminate or limit your access to the Services. Company reserves the right to exercise sole control over the defense, at your expense, of any claim subject to indemnification under this Section 12. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Company.

13. Disclaimers

You expressly agree that your use of, or inability to use, or activity in connection with the Services is at your sole risk. To the fullest extent permitted by applicable law and except as otherwise specified in writing by us:

1. the Services are made available on an “as is” and “as available” basis without warranties of any kind;
2. we expressly disclaim all implied warranties as to the Services, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement;
3. we do not represent or warrant that the Services are reliable, current or error-free, that they meet your requirements, or that defects in the Services will be corrected; and
4. we cannot and do not represent or warrant that the Services are free of malware or other harmful components.

Some jurisdictions do not allow the exclusion of certain warranties or disclaimer of implied terms in contracts with consumers, so some or all of the exclusions of warranties and disclaimers in this Section may not apply to you.

14. Limitation of Liability

1. To the fullest extent permitted by applicable law:
   1. in no event will Company or any of the Company Parties be liable to you for any indirect, special, incidental, consequential, or exemplary damages of any kind (including, but not limited to, where related to loss of revenue, income or profits, loss of use or data, or damages for business interruption) regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable); and
   2. in no event will the aggregate liability of Company and the Company Parties (individually or jointly), whether in contract, warranty, tort (including negligence, whether active, passive or imputed), or other theory, arising out of or relating to the Services or these Terms exceed $500 USD.
2. The limitations set forth in Section 14(a) will not limit or exclude liability for the gross negligence, fraud or intentional, willful or reckless misconduct of the Company.
3. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to you.

15. Release

To the fullest extent permitted by applicable law, you release Company and the other Company Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between you and other Brave Rewards Users, Brave Verified Creators, Outside Advertisers, Custodial Account Providers, or the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

16. Dispute Resolution; Arbitration

Please read the following Section carefully because it contains additional provisions applicable only to individuals located, resident, or domiciled in the United States. If you are located, resident, or domiciled in the United States, this Section requires you to arbitrate certain disputes and claims with Company and limits the manner in which you can seek relief from us.

16.1 Binding Arbitration

Except for any disputes, claims, suits, actions, causes of action, demands or proceedings arising from or related to the Services, including the Terms (collectively, “Disputes”) in which either Party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, or small claims disputes in which you or Company seeks to bring an individual action in small claims court located in the county of your billing address, you and Company:

1. waive your and Company’s respective rights to have any and all Disputes resolved in a court, and
2. waive your and Company’s respective rights to a jury trial. Instead, you and Company will arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

16.2 No Class Arbitrations, Class Actions or Representative Actions

Any Dispute is personal to you and Company and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

16.3 Federal Arbitration Act

The enforceability of this Section 16 will be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

16.4 Notice; Informal Dispute Resolution

Each Party will notify the other Party in writing of any Dispute within thirty (30) days of the date it arises, so that the Parties can attempt in good faith to resolve the Dispute informally. Notice to Company shall be sent by e-mail to Company at legal@basicattentiontoken.org. In the event of a dispute, you agree to provide us with a valid e-mail address for the purpose of receiving notice. Notice to you shall be by email to the email address that you provide to us or using other means of notification via the Services as applicable. Your notice must include:

1. your name, postal address, email address and telephone number,
2. a description in reasonable detail of the nature or basis of the Dispute, and
3. the specific relief that you are seeking.

If you and Company cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable Party, then either you or Company may, as appropriate and in accordance with this Section 16, commence an arbitration proceeding or, to the extent specifically provided for in Section 16.1, file a claim in court.

16.5 Venue & Arbitrator

Any arbitration will occur in San Francisco County, California although you may elect to hold the arbitration in your county of residence. Arbitration will be conducted confidentially by a single arbitrator in accordance with the Streamlined Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services ("JAMS Rules"), which are hereby incorporated by reference. The state and federal courts located in San Francisco County, California will have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

16.6 Authority of Arbitrator; Exchange of Information; Fees & Costs

As limited by the FAA, these Terms and the applicable JAMS Rules, the arbitrator will have:

1. the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and
2. the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. For any arbitration you initiate, you will pay the filing fee (up to a maximum of $250), and the Company will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, Company will pay all JAMS fees and costs.

16.7 Rules of JAMS

The JAMS Rules and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either:

1. acknowledge and agree that you have read and understand the JAMS Rules, or
2. waive your opportunity to read the JAMS Rules and any claim that the JAMS Rules are unfair or should not apply for any reason.

16.8 Severability of Dispute Resolution; Arbitration

If any term, clause or provision of this Section 16 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 16 will remain valid and enforceable.

16.9 Opt Out

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the Terms by notifying Company via email at legal@basicattentiontoken.org. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 17.

17. Governing Law and Venue

These Terms will be governed by and construed and enforced in accordance with the laws of the Cayman Islands, without regard to conflict of law rules that would cause the application of the laws of any other jurisdiction. Any Dispute between the Parties arising out of or relating to these Terms or its subject matter or formation (including non-contractual Disputes of claims) that is not subject to arbitration will be resolved in the courts of the Cayman Islands.

18. Changes to these Terms

We may make changes to these Terms from time to time. If we make changes, we will notify you of the amended Terms within the Brave Browser and update the “Last Updated” date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to or use of the Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using the Services.

19. Termination and Suspension

We reserve the right, without notice and in our sole discretion, to terminate or suspend your right to access or use the Services with immediate effect. We are not responsible for any loss or harm related to your inability to access or use the Services.

Note that any BAT that has already been paid out to you is not controlled by the Company. Therefore, your control over such BAT will not be directly affected by your termination or suspension from the Platform and Services. You can still use your BAT according to the functionalities made available to you by your Custodial Account provider or relevant Web3 network (see sections 3.3.1 and 3.3.2). However, you will no longer be able or permitted to use your BAT within the Platform and Services if your access to the Platform and Services is terminated or suspended.

As described in Section 4.1, if your access to the Platform and Services is terminated or suspended, you will not be entitled to any earnings yet to be paid out up until that point. Such earnings will be considered forfeited.

20. Severability

If any term, clause or provision of these Terms is held unlawful, void or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

21. Miscellaneous

These Terms constitute the entire agreement between you and us relating to your access to or use of the Services and supersede any prior agreements with Company or its affiliates, express or implied, relating to the Services. We may make changes to these Terms from time to time as reasonably required to comply with applicable law or regulation. You may not assign your rights and obligations under these Terms without our express written consent. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. We will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control. Your access to or use of the Services does not create any form of partnership, joint venture or any other similar relationship between you and us. Except as otherwise provided in herein, these Terms are intended solely for the benefit of you and us and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree and acknowledge that all agreements, notices, disclosures, and other communications that we provide to you, including these Terms, may be provided in electronic form.