2.1As a condition to accessing or using the Service or the site, you represent and warrant to Olive the following:
2.2 As a condition to accessing or using the Service or the site, you acknowledge, understand, and agree to the following:
2.2 As a condition to accessing or using the Service or the site, you covenant to Olive the following:
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:
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.
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.
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.
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.
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.