USER ACCEPTANCE OF TERMS AND CONDITIONS
THIS USER AGREEMENT (“AGREEMENT”) IS BETWEEN OAX FOUNDATION LIMITED (ALSO REFERRED TO HEREIN AS “NOTIFS”, “US”, “WE”) AND YOU (ALSO REFERRED TO HEREIN AS “USER”, “YOU” AND “YOUR”). BY DOWNLOADING THE NOTIFS APP AND USING THE NOTIFS SERVICE, OR CONNECTING YOUR WALLET THROUGH ANY OF OUR APPLICATIONS OR BY USING ANY OF THE NOTIFS SERVICES, YOU ACCEPT, ACKNOWLEDGE AND AGREE TO ALL THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.
The services that Notifs provides to you through its website, mobile application(s), and related services (collectively, the “Notifs Services”) are subject to the terms and conditions in this Agreement.
PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY NOTIFS IN ITS SOLE DISCRETION AT ANY TIME. NOTIFS RESERVES THE RIGHT TO UPDATE THIS AGREEMENT AT ANY TIME WITHOUT NOTICE TO YOU. WE MAY MAKE CHANGES TO THIS AGREEMENT FROM TIME TO TIME. IF WE DO THIS, WE WILL POST THE AMENDED AGREEMENT ON THE WEBSITE AND WILL INDICATE AT THE TOP OF THIS PAGE THE DATE THE AGREEMENT WAS LAST REVISED. ANY AMENDED AGREEMENT WILL BE EFFECTIVE FROM THE DATE INDICATED AT THE TOP OF THIS PAGE. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR CONTINUED USE OF THE SERVICES AFTER WE HAVE MADE ANY SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE UPDATED AGREEMENT AND ITS AMENDED TERMS AND CONDITIONS.
Notifs shall have the right at any time to change or discontinue any aspect or feature of the Notifs Services, including, but not limited to, content, access, or use.
Notifs and the Notifs Service does not include or provide any access to financial services, such as trading and investment opportunities for any users regardless of their qualifications. The Notifs Services may include services such as: (i) monitoring real-time movements of digital assets; (ii) extracting information from the blockchain for wallet address information provided by user; (iii) various approaches to categorizing of the Tokens available in the wallet addresses provided by user; and (iv) aggregation of news and generation of news summaries through AI. All information provided is available and can be extracted from online sources. All wallet and asset information aggregated from connecting your wallet is pulled from the blockchain. Notifs holds no responsibility for the accuracy of the aggregated information, and uses third-party decentralized finance protocols, including but not limited to protocols for borrowing and lending, exchanges, automated market makers. Notifs is not responsible for any trades made by user and reflected in wallet addresses, or methods used by third party protocols. Notifs reserves the right to collect fees for marketing, routing, and other fees for displaying information, where users will be informed of fees charged before accepting. Notifs is not a broker, financial institution or intermediary and is in no way an agent, advisor or custodian. The Notifs Service is a non-custodial platform. Nothing on the Notifs Service will be construed as legal, tax, investment, financial or other advice. It will not constitute a solicitation, recommendation, endorsement or offer by Notifs.
This Agreement covers all use of the Notifs Services while on Notifs website, mobile application, or other form of access to Notifs, regardless of how Notifs Service is accessed, and regardless of which device is used for access.
In providing you with the Notifs Services, Notifs makes no guarantee to any of the following:
The functionality of any blockchain’s decentralized governance or operation, which could, among other things, lead to delays, conflicts of interest, or operational decisions that are unfavorable to certain owners of certain digital assets, cryptocurrencies, tokens and NFTs; and
The security of any blockchain – Notifs is not liable for any hacks, double spending, stolen digital assets, cryptocurrencies, tokens and NFTs, or any other attacks on a blockchain.
In the event any of our official communication channels are compromised, we will not be responsible for any sensitive information you may provide. In any event, we will never ask you for your private wallet key(s).
In using the Services, you acknowledge and agree to the following:
You have the necessary technical expertise and ability to review and evaluate the security, integrity and operation of the Service and blockchain technologies;
You have the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits, risks and applicable compliance requirements under applicable laws of any use of the Services;
You know, understand and accept the risks associated with the Services;
You know, understand and accept the risks associated with blockchain technology generally;
You are responsible for conducting your own independent analysis of the risks specific to any digital assets, cryptocurrencies, tokens and NFTs you may decide to transact in;
You are solely responsible for determining what, if any, taxes apply to your transactions and holdings of digital assets, cryptocurrencies, tokens and NFTs.
All content in and part of the Notifs Services, including but not limited to any and all designs, text, graphics, pictures, video, information, software, music, sound, and other files, and their selection and arrangement (collectively the “Content”), are the exclusive property of Notifs. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Notifs’ express prior written permission or as provided for in this Agreement. If you are eligible to use of the Notifs Service, Notifs grants to you a limited license to access and use the Notifs Service and to use any portion of the Content solely for your use in connection with the Notifs Services (provided that you keep all copyright or other proprietary notices intact). Any use of the Content other than as specifically authorized herein, without the prior written permission of Notifs, is strictly prohibited and will terminate the license granted herein. This limited license is revocable by us at any time without notice and with or without cause.
The term “Notifs” and other Notifs graphics, logos, designs, page headers, button icons, scripts and service names are trademarks or trade dresses of Notifs in Hong Kong and/or any other jurisdictions. Notifs’ trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Notifs. Notifs may, at its sole discretion, limit access to the Notifs Services and/or limit or terminate any user’s accounts who infringe any intellectual property rights of Notifs. All other trademarks appearing as part of the Notifs Services are the property of their respective owners. Unless otherwise expressly agreed in writing by you and Notifs, any communications or material of any kind that you e-mail, post, direct message on social media, or otherwise transmit through the Notifis Service, including any data, questions, comments, or suggestions (your “Communications”) will be treated as non-confidential and non-proprietary. By sending these Communications, you grant to Notifs a license to reproduce, disclose, transmit, publish, broadcast, or post your Communications as it shall determine at its discretion with no liability or obligation to you. Notifs may use any ideas, concepts, know-how, or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information.
MARKET AND THIRD PARTY DATA
The Notifs Service may contain information including relating to and with respect to, and not limited to, third party digital assets, cryptocurrencies, tokens, market news, NFTs, digital asset wallets, staking pools and liquidity pools. The information in the Notifs Service is publicly available information and consolidated for your convenience. Notifs and the Notifs Service is not the original source of any of this information and does not confirm or warrant its accuracy. The availability of any of this information on the Notifs Service is not an association or endorsement of any third parties or of the information. Notifs and the Notifs Services does not guarantees the accuracy, timeliness or completeness of the available information and is not liable for any decisions you make as a result of the information. You agree to only refer to the provided information as part of the Notifs Service at your own risk.
The notifications available and set by you with the Notifs Service are also available for your convenience only. Notifs does not hold any liability for accuracy, timeliness or completeness of any notifications. Notifs will not be responsible for the delay of notifications whether as a result of setting on your device and app, or the resulting results of transactions made from such notifications.
You agree that neither Notifs nor its agents or employees will be liable to you in any way for the termination, interruption, delay, or inaccuracy of any information available through the Notifs Service. You agree that you will neither redistribute nor facilitate the redistribution of the information available through the Notifs Service, nor will you provide access to this information to anyone who is not expressly authorized by Notifs.
By using the Notifs Service, you acknowledge and accept the following non-exhaustive risks:
Notifs has no control over any blockchain and cannot and does not ensure that any transaction details accessed through the Notifs Services will be validated by or confirmed on the relevant blockchain.
The protocols governing the operation of a blockchain may be subject to sudden changes in operating rules which may materially alter the blockchain and affect the value and function of the digital assets, cryptocurrencies, tokens and NFTs supported by that blockchain.
The regulatory regime governing blockchain technologies, digital assets, cryptocurrencies, tokens and NFTs is uncertain, and new regulations or policies may materially adversely affect the development of the Notifs Services.
The values of digital assets, cryptocurrencies, tokens and NFTs can be extremely volatile. Notifs makes no warranties as to the venues in which such cryptocurrencies, tokens and NFTs may be transferred, purchased, or transacted.
There are risks associated with using digital assets, cryptocurrencies, tokens and NFTs, including but not limited to, the risk of hardware, software and Internet connections; the risk of malicious software introduction; the risk that third parties may obtain unauthorized access to information stored within your wallet; and the risk of counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferable.
From time to time, Notifs may conduct special offers or promotions to qualifying users. Subject to applicable laws, Notifs may set qualifying criteria to participate at its sole discretion. Notifs may revoke any special offer at any time without notice or withhold offers to specific users at its sole discretion.
LINKS TO OTHER WEB SITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by Notifs. Notifs has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Notifs 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 use of or reliance on any such content, goods or services available on or through any such web sites or services.
YOUR USE OF THE NOTIFS SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. THE NOTIFS SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.
WITHOUT LIMITING THE FOREGOING, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF, NOTIFS AND ANY MATERIALS OR CONTENT FOUND THEREIN, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU ACKNOWLEDGE THAT NOTIFS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS, AND THAT YOU ALONE ARE ASSUMING THE RISK OF INJURY FROM THE FOREGOING, TO THE FULLEST EXTENT OF THE LAW. IN NO EVENT WILL NOTIFS, ITS AFFILIATES, ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, LICENSORS OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR PROVIDING THE NOTIFS SERVICES, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE NOTIFS. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER NOTIFS NOR ITS AFFILIATES, AGENTS, INFORMATION PROVIDERS, OR CONTENT PARTNERS, SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE NOTIFS SERVICE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF NOTIFS IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER ELECTRONIC SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE NOTIFS, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL NOTIFS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM LOSS FROM YOUR: (I) INABILITY TO USE, (II) USE, AND/OR (III) MISUSE, DATA; NOR SHALL NOTIFS BE LIABLE FOR ANY LOSS OF PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE NOTIFS SERVICE. IN NO EVENT WILL NOTIFS OR ITS AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TORT, CONTRACT OR ANY OTHER LIABILITY ARISING IN CONNECTION WITH THE USE OF NOTIFS SERVICE, OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED BY NOTIFS.
You agree to defend, indemnify, and hold harmless Notifs, its affiliates and their respective owners, directors, officers, employees, and agents from and against all claims, demands, losses, costs, and/or expenses, including attorneys’ fees, arising out of the use of the Notifs Service by you.
This Agreement, and your rights and obligations hereunder, may not be assigned, novated, subcontracted, delegated or otherwise transferred by you without Notifs’ prior written consent, and any attempted assignment, novation, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Notifs may assign or transfer any or all of its rights or obligations under this Agreement, in whole or in part, without notice or obtaining your consent or approval.
NOTICES AND COMMUNICATIONS
We may be contacting you from time to time to share updates. By signing up and providing your email address you also consent to receiving occasional electronic communication and notifications from Notifs. If you wish to update your email contact information and sign in information, it can be updated through your account. You agree to waive all claims resulting from failure to receive communications if your contact information is out of date.
Our failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights. If any provision of this Agreement is held to be invalid or unenforceable by a court, the remaining provisions of this Agreement will remain in effect. This Agreement constitutes the entire agreement between us regarding the Notifs Service, and supersede and replace any prior agreements we might have between us regarding the Notifs Service.
This Agreement shall be governed and construed in accordance with the laws of the Hong Kong SAR, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts of the Hong Kong SAR.