Berachain co-founders denied offering a "special refund right," stating that the relevant terms were compliant and precedents in the industry.

Nova's compliance team requested the addition of a clause to prevent the locked BERA tokens purchased during the fundraising from becoming eligible investments through Nova's liquidity strategy should Berachain fail to complete its TGE and go public. Therefore, a supplementary agreement was signed, and Nova committed to undertaking additional business arrangements, including an agreement to provide liquidity after the network launch.