Olive: The Lossless Yield Amplification Protocol.

Terms of Service

OUR DEFI OPTIONS VAULTS ARE NOT OFFERED TO PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN THE UNITED STATES OF AMERICA (COLLECTIVELY, “US PERSONS”). MOREOVER, NONE OF OUR OTHER SERVICES IS OFFERED TO PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN ANY RESTRICTED TERRITORY, AS DEFINED BELOW (ANY SUCH PERSON OR ENTITY FROM A RESTRICTED TERRITORY, A “RESTRICTED PERSON”). WE DO NOT MAKE EXCEPTIONS; THEREFORE, IF YOU ARE A US PERSON, THEN DO NOT ATTEMPT TO USE OUR DEFI OPTIONS VAULTS, AND IF YOU ARE A RESTRICTED PERSON, THEN DO NOT ATTEMPT TO USE ANY OF THE SERVICES AS DEFINED BELOW. USE OF A VIRTUAL PRIVATE NETWORK (“VPN”) TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS PROHIBITED.

These terms of use, together with any documents and additional terms they expressly incorporate by reference, which includes any other terms and conditions or other agreement that Olive Protocol (“Olive,” we,” us”, and “our”) posts publicly or makes available to you or the company or other legal entity you represent (“you” or “your”) (collectively, these “Terms”), are entered into between Olive and you concerning your use of, and access to, Olive websites, including oliveapp.finance; web applications; mobile applications; and all associated sites linked thereto by Olive or its affiliates (collectively with any materials and service available therein, and successor website(s) or application(s) thereto, the “site”).

Please read these Terms carefully, as these Terms govern your use of the site and access to smart contracts; decentralised applications; APIs; all other software that Olive has developed for trading, borrowing, supplying, and swapping cryptocurrencies and other blockchain-based assets (collectively, “Digital Assets”), including, without limitation, entering into Leveraged Positions (“Leveraged Position”) related to Digital Assets. These terms expressly cover your rights and obligations and our disclaimers and limitations of legal liability relating to your use of, and access to, the site and the service. By clicking “I agree”(or a similar language) to these terms, acknowledging these terms by other means, or otherwise accessing or using the site or the service, you accept and agree to be bound by and to comply with these terms, including, without limitation, the mandatory arbitration provision in Section 15. You must not access or use the site or the service if you do not agree to these terms.

Please carefully review the disclosures and disclaimers outlined in Section 12 in their entirety before using any software developed by Olive. The information in Section 12 provides important details about the legal obligations associated with your use of the service. By accessing or using the site or the service, you agree that Olive does not provide execution, settlement, or clearing service of any kind and is not responsible for executing settlement or clearing transactions automated through the service.

1. MODIFICATIONS TO THESE TERMS

In our sole discretion, we reserve the right to modify these terms from time to time. If we make changes, we will provide you with notice of such changes by providing notice through the service or updating the “Last Updated” date at the top of these Terms. Unless we state otherwise in our notice, all such modifications are effective immediately. Your continued use of the site and the service after we provide that notice will confirm your acceptance of the changes. You must stop using the site and the service if you do not agree to the amended terms.

2. USE OF SERVICES

2.1As a condition to accessing or using the Service or the site, you represent and warrant to Olive the following:

if you are entering into these terms as an individual, then you are of legal age in the jurisdiction in which you reside, and you have the legal capacity to enter into these terms and be bound by them;
if you are entering into these terms as an entity, then you must have the legal authority to accept these terms on that entity’s behalf, in which case “you”(except as used in this paragraph) will mean that entity;
if you are entering into these terms to access DeFi Options Vaults or will in the future access DeFi Options Vaults, then you are not a US Person;
you are not a resident, national, or agent of Antigua and Barbuda, Algeria, Bangladesh, Bolivia, Belarus, Burundi, Burma (Myanmar), Côte D'Ivoire (Ivory Coast), Crimea and Sevastopol, Cuba, Democratic Republic of Congo, Ecuador, Iran, Iraq, Liberia, Libya, Magnitsky, Mali, Morocco, Nepal, North Korea, Somalia, Sudan, Syria, Venezuela, Yemen, Zimbabwe or any other country to which the United States, the United Kingdom or the European Union embargoes goods or imposes similar sanctions (collectively, “Restricted Territories”);
you are not a member of any sanctions list or equivalent maintained by the United States government, the United Kingdom government, the European Union, or the United Nations (collectively, “Sanctions Lists Persons”);
you do intend to transact with any Restricted Person or Sanctions List Person;
you do not, and will not use VPN software or any other privacy or anonymisation tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the service; and
your access to the service is not (a) prohibited by and does not otherwise violate or assist you in violating any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or another directive, requirement, or guideline, published or in force that applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, order, judgement, directive or other requirement or guideline issued by any domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority having jurisdiction over Olive, you, the site or the service, or as otherwise duly enacted, enforceable by law, the common law or equity (collectively, “Applicable Laws”); or (b) contribute to or facilitate any illegal activity.

2.2 As a condition to accessing or using the Service or the site, you acknowledge, understand, and agree to the following:

from time to time, the site and the service may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs that Olive or any of its suppliers or contractors may undertake from time to time; (c) causes beyond Olive’s control or that Olive could not reasonably foresee; (d) disruptions and temporary or permanent unavailability of underlying blockchain infrastructure; or (e) unavailability of third-party service providers or external partners for any reason;
we reserve the right to disable or modify access to the site and the service at any time in the event of any breach of these terms, including, without limitation, if we reasonably believe any of your representations and warranties may be untrue or inaccurate, and we will not be liable to you for any losses or damages you may suffer as a result of or in connection with the site, or the service is inaccessible to you at any time or for any reason;
the site and the service may evolve, which means Olive may apply changes, replace, or discontinue (temporarily or permanently) the service at any time in its sole discretion;
the pricing information provided on the site does not represent an offer, a solicitation of an offer, or any advice regarding or recommendation to enter into a transaction with Olive;
Olive does not act as an agent for you or any other user of the site or the service;
you are solely responsible for your use of the service, including all of your transfers of Digital Assets;
to the fullest not prohibited by applicable law, we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, you hereby irrevocably disclaim, waive, and eliminate those duties and liabilities;
you are solely responsible for reporting and paying any taxes applicable to your use of the service; and
we have no control over, or liability for, the delivery, quality, safety, legality, or any other aspect of any Digital Assets that you may transfer to or from a third party, and we are not responsible for ensuring that an entity with whom you transact completes the transaction or is authorised to do so. If you experience a problem with any transactions in Digital Assets using the service, then you bear the entire risk.

2.2 As a condition to accessing or using the Service or the site, you covenant to Olive the following:

in connection with using the service, you only will transfer legally-obtained Digital Assets that belong to you;
you will obey all applicable laws in connection with using the service, and you will not use the site or the service if the laws of your country, or any other applicable law, prohibit you from doing so;
any Digital Assets you use in connection with the service are either owned by you, or you are validly authorised to carry out actions using such Digital Assets;
in addition to complying with all restrictions, prohibitions, and other provisions of these terms, you will (a) ensure that, at all times, all information that you provide on the site and during your use of the service is current, complete, and accurate; (b) maintain the security and confidentiality of your private keys associated with your public blockchain address, passwords, API keys and other related credentials

3. FEES AND PRICE ESTIMATES

In connection with your use of the service, you are required to pay all fees necessary for interacting with blockchain, including “gas” costs and all other fees reflected on the site at the time of your use of the service. Although we attempt to provide accurate fee information, this information reflects our estimates of fees, which may vary from the actual fees paid to use the service and interact with the blockchain.

4. NO PROFESSIONAL ADVICE OR FIDUCIARY DUTIES

All information provided in connection with your access and use of the site and the service is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained on the site or any other information that we make available at any time, including, without limitation, blog posts, articles, links to third-party content, discord or telegram content, news feeds, tutorials, tweets, and videos. Before making any financial, legal, or other decisions involving the service, you should seek independent professional advice from an individual licensed and qualified in the area for which such advice would be appropriate. The terms are not intended to, and do not, create or impose any fiduciary duties on us. You further agree that the only duties and obligations we owe you are expressed in these terms.

5. PROHIBITED ACTIVITY

You may not use the service to engage in the categories of activity set forth below (“Prohibited Uses”). The specific activities set forth below are representative but not exhaustive of prohibited uses. If you are uncertain whether or not your use of the service involves a prohibited use or have other questions about how these requirements apply to you, please contact us at[email protected] . By using the site or service, you confirm that you will not use the site or service to do any of the following:

violate any applicable laws, including, without limitation, any relevant and applicable anti-money laundering and anti-terrorist financing laws and sanctions programs, such as, without limitation, the Bank Secrecy Act and the U.S. Department of Treasury’s Office of Foreign Asset Controls;
engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under applicable law, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorisation from the rights holder; use of Olive’s intellectual property, name, or logo, including use of Olive’s trade or service marks, without express consent from Olive or in a manner that otherwise harms Olive; any action that implies an untrue endorsement by or affiliation with Olive;
use the service in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the service or that could damage, disable, overburden, or impair the functioning of the site or the service in any manner;
circumvent any content-filtering techniques, security measures, or access controls that Olive employs on the site, including, without limitation, through the use of a VPN;
use any robot, spider, crawler, scraper, or other automated means or interface not provided by us, to access the service or extract data, or introduce any malware, virus, trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other harmful material into the site or the service;
provide false, inaccurate, or misleading information while using the site or the service or engage in activity that operates to defraud Olive, other users of the service, or any other person;
use or access the site or service to transmit or exchange Digital Assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including, without limitation, terrorism or tax evasion; use the site in any way that is, in our sole discretion, libellous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, stalking, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive, or otherwise objectionable or likely or intended to incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others;
use the site or the service from a jurisdiction that we have, in our sole discretion, determined is a jurisdiction where the use of the site or the service is prohibited;
harass, abuse, or harm another person or entity, including Olive’s employees and service providers; impersonate another user of the service or otherwise misrepresent yourself; or
encourage, induce or assist any third party, or yourself, to attempt to engage in any of the activities prohibited under this Section 5 or any other provision of these terms.

6. CONTENT

You hereby grant to us a royalty-free, fully paid-up, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, copy, modify, create derivative works of, display, perform, publish and distribute in any form, medium, or manner, any content that is available to other users as a result of your use of the site or the service (collectively, “Your Content”), including, without limitation, for promoting Olive, its affiliates, the service or the site. You represent and warrant that (a) you own your content or have the right to grant the rights and licences in these terms; and (b) your content and our use of your content, as licensed herein, does not and will not violate, misappropriate or infringe on any third party’s rights.

7. PROPRIETARY RIGHTS

7.1 The site and the service are governed by the most recent version of the open-source licence commonly known as the “Apache License 2.0,”. You acknowledge that the site or the service may use, incorporate or link to certain open-source components and that your use of the site or service is subject to. You will comply with applicable open-source licences that govern such open-source components (collectively, “Open-Source Licences”). Without limiting the generality of the foregoing, you may not (a) resell, lease, lend, share, distribute, or otherwise permit any third party to use the site or the service; (b) use the site or the service for time-sharing or service bureau purposes, or (c) otherwise use the site or the service in a manner that violates the Olive License or any other Open-Source Licences.

7.2Excluding the open-source software described in Section 7.1 or third-party software that the site or the service incorporates, as between you and Olive, Olive owns the site and the service, including all technology, content, and other materials used, displayed, or provided on the site or in connection with the service (including all intellectual property rights subsisting therein), and hereby grants you a limited, revocable, transferable, licence to access and use those portions of the site and the service that are proprietary to Olive.

7.3 Any of Olive’s product or service names, logos, and other marks used on the site or as a part of the service, including Olive's name and logo, are trademarks owned by Olive affiliates or its applicable licensors. You may not copy, imitate, or use them without the prior written consent of Olive or the applicable licensors, and these Terms do not grant you any rights in those trademarks. You may not remove, obscure, or alter any legal notices displayed in or along with the service.

7.4 The service is non-custodial. When you deposit Digital Assets into an account in any Olive-developed smart contract, you always retain control over those Digital Assets. The private key associated with the blockchain address from which you transfer Digital Assets is the only private key that can control the Digital Assets you transfer into the Olive-developed smart contracts. You can withdraw Digital Assets from any Olive-developed smart contract only to the blockchain address from which you deposited the Digital Assets.

8. LINKS

The service or third parties may provide links to other World Wide Web or accessible sites, applications, or resources. You acknowledge and agree that Olive is not responsible for the availability of such external sites, applications or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Olive shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or service available on or through any such site or resource.

9. MODIFICATION, SUSPENSION, AND TERMINATION

We may, at our sole discretion, from time to time and with or without prior notice to you, modify, suspend or disable (temporarily or permanently) the service, in whole or in part, for any reason whatsoever. Upon termination of your access, your right to use the service will immediately cease. We will not be liable for any losses suffered by you resulting from any modification to any service or any modification, suspension, or termination, for any reason, of your access to all or any portion of the site or the service. The following sections of these terms will survive any termination of your access to the site or the service, regardless of the reasons for its expiration or termination, in addition to any other provision which by law or by its nature should survive: Sections 7 through 17.

10. RISKS

10.1 By utilising the service or interacting with the site in any way, you represent and warrant that you understand the inherent risks associated with cryptographic systems and blockchain-based networks; Digital Assets, including the usage and intricacies of native Digital Assets; smart contract-based tokens, such as those that follow the Ethereum Token Standard; and systems that interact with blockchain-based networks. Olive does not own or control any of the underlying software through which blockchain networks are formed. In general, the software underlying blockchain networks is open source, so anyone can use, copy, modify, and distribute it. By using the service, you acknowledge and agree (a) that Olive is not responsible for the operation of the software and networks underlying the service and (b) that there exists no guarantee of the functionality, security, or availability of that software and networks, and (c) that the underlying networks are subject to sudden changes in operating rules, such as those commonly referred to as “forks,” which may materially affect the service. Blockchain networks use public/private key cryptography. You alone are responsible for securing your private key(s). We do not have access to your private key(s). Losing control of your private key(s) will permanently and irreversibly deny you access to Digital Assets on blockchain-based networks. Neither Olive nor any other person or entity will be able to retrieve or protect your Digital Assets. If your private key(s) are lost, you will not be able to transfer your Digital Assets to any blockchain address or wallet. If this occurs, you will not be able to realise any value or utility from the Digital Assets you may hold.

10.2 The service and your Digital Assets could be impacted by one or more regulatory inquiries or regulatory actions, which could impede or limit the ability of Olive to continue to make available its proprietary software and, thus, could impede or limit your ability to access or use the service.

10.3 You acknowledge and understand that cryptography is a progressing field with advances in code cracking or other technical advancements, such as the development of quantum computers, which may present risks to Digital Assets and services, and could result in the theft or loss of your Digital Assets. To the extent possible, we intend to update Olive-developed smart contracts related to the service to account for any advances in cryptography and to incorporate additional security measures necessary to address risks presented by technological advancements. Still, that intention does not guarantee or otherwise ensure the full security of the service.

10.4 You understand that blockchains remain under development, which creates technological and security risks when using the service and uncertainty relating to Digital Assets and transactions therein. You acknowledge that the cost of transacting on blockchain is variable and may increase at any time, causing an impact on any activities taking place on the blockchain, which may result in price fluctuations or increased costs when using the service.

10.5 You acknowledge that the service is subject to flaws and that you are solely responsible for evaluating any code provided by the service or site. This warning and others Olive provides in these terms in no way evidence or represent an ongoing duty to alert you to all of the potential risks of utilising the service or accessing the site.

10.6 Although we intend to provide accurate and timely information on the site and during your use of the service, the site and other information available when using the service may not always be entirely accurate, complete, or current. They may also include technical inaccuracies or typographical errors. To continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including, without limitation, information regarding our policies. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the site or as part of the service are your sole responsibility. No representation is made as to the accuracy, completeness, or appropriateness for any particular purpose of any pricing information distributed via the site or otherwise when using the service. prices and pricing information may be higher or lower than prices available on platforms providing similar services.

10.7 Any use or interaction with the service requires a comprehensive understanding of applied cryptography and computer science to appreciate the inherent risks, including those listed above. You represent and warrant that you possess relevant knowledge and skills. Any reference to a type of Digital Asset on the site or otherwise during the use of the service does not indicate our approval or disapproval of the technology on which the Digital Asset relies and should not be used as a substitute for your understanding of the risks specific to each type of Digital Asset.

10.8 Use of the Service may carry financial risk, particularly for trading Digital Assets, borrowing or supplying Digital Assets, and entering into Leveraged Positions or DeFi Options Vaults. Digital Assets, especially in connection with Leveraged Positions and DeFi Options Vaults, by nature, are highly experimental, risky, and volatile. Transactions entered into in connection with the service are irreversible and final, and there are no refunds. You acknowledge and agree that you will access and use the site and the service at your own risk. The risk of loss in trading Digital Assets, especially entering into Leveraged Positions and DeFi Options Vaults, can be substantial. You should, therefore, carefully consider whether such trading is suitable for you in light of your circumstances and financial resources. By using the service, you represent and warrant that you have been, are, and will be solely responsible for making your independent appraisal and investigations into the risks of a given transaction and the underlying Digital Assets, including Leveraged Positions and DeFi Options Vaults. You represent that you have sufficient knowledge, market sophistication, professional advice, and experience to make your evaluation of the merits and risks of any transaction conducted in connection with the service or any Digital Asset. You accept all consequences of using the service, including the risk that you may permanently lose access to your Digital Assets. All transaction decisions are made solely by you. Notwithstanding anything in these terms, we accept no responsibility whatsoever for, and will in no circumstances be liable to you in connection with, your use of the service for performing Digital Asset transactions, including entering into Leveraged Positions or DeFi Options Vaults.

10.9 We must comply with applicable law, which may require us to, upon request by government agencies, take certain actions or provide information which may not be in your best interests.

10.10 You hereby assume and agree that Olive will have no responsibility or liability for the risks outlined in this Section 10. You hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against Olive, its affiliates, and their respective shareholders, members, directors, officers, employees, agents, representatives, suppliers, and contractors related to any of the risks outlined in this Section 10.

11. INDEMNIFICATION

You will defend, indemnify, and hold harmless Olive, its affiliates, and its affiliates’ respective stockholders, members, directors, officers, managers, employees, attorneys, agents, representatives, suppliers, and contractors (collectively, “Indemnified Parties”) from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out of or relating to (a) your use of, or conduct in connection with, the site or the service; (b) Digital Assets associated with your blockchain address; (c) any feedback or user content you provide to Olive, if any, concerning the site or the service; (d) your violation of these terms; or (e) your infringement or misappropriation of the rights of any other person or entity. If you are obligated to indemnify any indemnified party, Olive (or, at its discretion, the applicable Indemnified Party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Olive wishes to settle and if so, on what terms, and you agree to corporate with Olive in the defence.

12. DISCLOSURES; DISCLAIMERS

Olive is a developer of open-source software. Olive does not operate a Digital Asset or derivatives exchange platform or offer trade execution or clearing service and, therefore, has no oversight, involvement, or control concerning your transactions using the service. All transactions between Olive-developed open-source software users are executed peer-to-peer directly between the users’ blockchain addresses through a smart contract. You are responsible for complying with all applicable laws that govern your Leveraged Positions and DeFi Options Vaults, including, but not limited to, the Commodity Exchange Act and the regulations promulgated thereunder by the U.S. Commodity Futures Trading Commission (“CFTC”), the federal securities laws and the regulations promulgated thereunder by the U.S. Securities and Exchange Commission (“SEC”) and all foreign Applicable Laws. For this reason, no US Person may enter into DeFi Options Vaults using the service, and all US Persons must abide by the requirements concerning Leveraged Positions set forth below.

Under U.S. federal law, unless you are an “eligible contract participant” as defined in 7 U.S.C. § 1a(18), your Leveraged Positions must be settled within 28 days. Individuals who do not have more than $10 million invested on a discretionary basis (or $5 million if the transaction is to manage risk associated with an asset owned or liability incurred or reasonably likely to be owned or incurred) are not eligible contract participants and may not enter into Leveraged Positions using the Olive open-source software that does not result in the actual delivery of Digital Assets within 28 days.

You understand that Olive is not registered or licensed by the CFTC, SEC, or any financial regulatory authority. No financial regulatory authority has reviewed or approved the use of the Olive-developed open-source software. The site and the Olive-developed open-source software do not constitute advice or a recommendation concerning any commodity, security, or other Digital Asset or instrument. Olive is not acting as an investment adviser or commodity trading adviser to any person or entity.

You understand that Leveraged Positions entered into using the Olive open-source software are commodity contracts. Leveraged Positions are not shares or any equivalent in any existing or future public or private company, corporation, or other entity in any jurisdiction.

Olive does not own or control the underlying software protocols that are used in connection with Leveraged Positions or DeFi Options Vaults. The underlying protocols are generally open-source; anyone can use, copy, modify, and distribute them. Olive is not responsible for the operation of the underlying protocols, and Olive makes no guarantee of their functionality, security, or availability.

To the maximum extent permitted under applicable law, the site and the service (and any of their content or functionality) provided by or on our behalf are provided on an “AS IS” and “AS AVAILABLE” basis. We expressly disclaim, and you hereby waive, any representations, conditions or warranties of any kind, whether express or implied, legal, statutory or otherwise, or arising from statute, otherwise in law, course of dealing, or usage of trade, including, without limitation, the implied or legal warranties and conditions of merchantability, merchantable quality, quality or fitness for a particular purpose, title, security, availability, reliability, accuracy, quiet enjoyment and non-infringement of third party rights. Without limiting the foregoing, we do not represent or warrant that the site or the service (including any data relating thereto) will be uninterrupted, available at any particular time, or error-free. Further, we do not warrant that errors in the site or the service are correctable or will be correctable.

You acknowledge that your data on the site may become irretrievably lost or corrupted, or temporarily unavailable due to a variety of causes and agree that, to the maximum extent permitted under applicable law, we will not be liable for any loss or damage caused by denial-of-service attacks, software failures, viruses or other technologically harmful materials (including those which may infect your computer equipment), protocol changes by third-party providers, Internet outages, force majeure events or other disasters, scheduled or unscheduled maintenance, or other causes either within or outside our control.

The disclaimer of implied warranties contained herein may not apply if and to the extent such warranties cannot be excluded or limited under the applicable law of the jurisdiction in which you reside.

13. EXCLUSION OF CONSEQUENTIAL AND RELATED CLAIMS

In no event shall Olive, its affiliates, its suppliers and contractors, and its and its affiliates’, suppliers’ and contractors’ respective stockholders, members, directors, officers, managers, employees, attorneys, agents, representatives, suppliers, and contractors (collectively, the “Risk Limited Parties”) be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of fiat, assets, data, information, revenue, opportunities, use, goodwill, profits or other business or financial benefit) arising out of or in connection with the site and the service, any execution or settlement of a transaction, any performance or non-performance of the service, your Digital Assets, Leveraged Positions, DeFi Options Vaults or any other product, service or other item provided by or on behalf of Olive, whether under contract, tort (including negligence), civil liability, statute, strict liability, breach of warranties, or under any other theory of liability, and whether or not we have been advised of, knew of or should have known of the possibility of such damages and notwithstanding any failure of the essential purpose of these Terms or any limited remedy hereunder nor is Olive in any way responsible for the execution or settlement of transactions between users of Olive developed open-source software.

14. LIMITATION OF LIABILITY

In no event shall Olive’s aggregate liability (together with its affiliates, including its and its affiliates’ respective stockholders, members, directors, managers, officers, employees, attorneys, agents, representatives, suppliers, or contractors) arising out of or in connection with the site and the service (and any of their content and functionality), any performance or nonperformance of the service, your Digital Assets, Leveraged Positions, DeFi Options Vaults or any other product, service or other item provided by or on behalf of Olive, whether under contract, tort (including negligence), civil liability, statute, strict liability or other theory of liability exceed the amount of fees paid by you to Olive under these terms, if any, in the twelve (12) month period immediately preceding the event giving rise to the claim for liability.

15. DISPUTE RESOLUTION & ARBITRATION

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Olive and limits how you can seek relief from Olive. Also, arbitration precludes you from suing in court or having a jury trial.

You and Olive agree that any dispute arising out of or related to these terms or the service is personal to you and Olive and that any dispute will be resolved solely through individual action and will not be brought as a class arbitration, class action, or any other type of representative proceeding.

Except for small claims disputes in which you or Olive seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Olive seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Olive waive your rights to a jury trial and to have any dispute arising out of or related to these terms or the service resolved in court. Instead, for any dispute or claim against Olive or relating to the service, you agree first to contact Olive and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Olive by email at [email protected] . The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. Suppose you and Olive cannot agree to resolve the claim within thirty (30) days after such Notice is received. In that case, either party may submit the dispute to binding arbitration administered by Singapore International Arbitration Centre (SIAC), or, under the limited circumstances set forth above, in court. All disputes submitted to SIAC will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Singapore.

The arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only 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 arbitrator, Olive, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared, and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

You and Olive agree that for any arbitration you initiate, you will pay the filing fee and all other SIAC fees and costs. Olive will pay all SIAC fees and costs for any arbitration initiated by Olive. You and Olive agree that SIAC, sitting in Singapore, have exclusive jurisdiction over the enforcement of an arbitration award.

Any claim arising from or related to these terms or the service must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Olive will not have the right to assert the claim.

16. GOVERNING LAW

The interpretation and enforcement of these terms, and any dispute related to these terms, the site or the service, will be governed by and construed and enforced under the laws of Singapore, as applicable, without regard to conflict of law rules or principles (whether Singapore or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You agree that we may initiate a proceeding related to the enforcement or validity of our intellectual property rights in any jurisdiction court. For any other proceeding that is not subject to arbitration under these Terms, the state and courts located in Singapore, will have exclusive jurisdiction. You waive any objection to the venue in any such courts.

17. GENERAL INFORMATION

17.1 Please refer to our privacy policy, which is incorporated herein by reference and available here athttps://oliveapp.finance/privacy-policy, for information about how we collect, use, share and otherwise process information about you.

17.2 You consent to receive all communications, agreements, documents, receipts, notices, and disclosures electronically (collectively, our “Communications”) that we provide in connection with these terms or any service. You agree that we may provide our communications to you by posting them on the site or emailing them to you at the email address you provide in connection with using the service if any. You should maintain copies of our communications by printing a paper copy or saving an electronic copy. You may also contact us with questions, complaints, or claims concerning the service at[email protected] .

17.3 Any right or remedy of Olive outlined in these terms is in addition to, and not in place of, any other right or remedy whether described in these terms, under applicable law, at law, or in equity. The failure or delay of Olive in exercising any right, power, or privilege under these terms shall not operate as a waiver thereof.

17.4 The invalidity or unenforceability of any of these terms shall not affect the validity or enforceability of any other of these terms, all of which shall remain in full force and effect.

17.5 We will have no responsibility or liability for any failure or delay in the performance of the site or any of the services, or any loss or damage that you may incur, due to any circumstance or event beyond our control, including without limitation any flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labour dispute, accident, the action of government, communications, power failure, or equipment or software malfunction.

17.6 You may not assign or transfer any right to use the site, the service, or any of your rights or obligations under these terms, without our express prior written consent, including by operation of law or in connection with any change of control. We may assign or transfer any or all of our rights or obligations under these terms, in whole or part, without notice or obtaining your consent or approval.

17.7 Headings of sections are for convenience only and shall not be used to limit or construe such sections.

17.8 These terms contain the entire agreement between you and Olive and supersede all prior and contemporaneous understandings between the parties regarding the site and the service

17.9 In the event of any conflict between these terms and any other agreement you may have with us, these terms will be controlled unless the other agreement specifically identifies these terms and declares that the other agreement supersedes these terms.

17.10 You agree that, except as otherwise expressly provided in this agreement, there shall be no third-party beneficiaries to the agreement other than the indemnified parties.