Terms & Conditions

This end user agreement (the "Agreement") should be read by you (the "User" or "you") in its entirety prior to your use of Otonomos's service or products. Be aware that this Agreement constitutes a legally binding agreement between you and Otonomos (referred to herein as "Otonomos", "us" or "we") which owns and operates the website on the Internet and the Service at https://otonomos.com (the "Service"). You consent to adhering to all the terms set forth in this Agreement when/if you are provided with an "I Agree" button and clicking on it.

1. Grant of License

a. Otonomos grants the User a non-exclusive, personal, non-transferable right to use the Service on your personal computer or other device that accesses the Internet in order to access and use the services available and described on the otonomos.com website (the website and all its functionality together being the "Service"), subject to the terms and conditions contained herein.

b. The Service is not for use by (i) minors and individuals under the age of 18 years, (ii) individuals who can be considered minors or under the age of majority adulthood in their specific jurisdiction(s) (iii) individuals accessing or using the Service from any jurisdiction in which it is illegal to do so. Otonomos does not have the ability to verify the legality of the Service in every jurisdiction, therefore it is entirely up to the User to determine whether or not their use of the Service is lawful.

c. Otonomos and its licensors are the sole holders of all rights in and to the Service and code, technology, organization and structure, architecture, including copyright, trade secrets, intellectual property and other rights. You may not: (a) copy, create derivative works, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the Otonomos website or the Service; or (b) use the Service that in any way is prohibited by applicable laws or regulations (each of the above herein defined as an "Unauthorized Use").

d. Otonomos reserves any and all rights implied or otherwise, which are not expressly granted to the User hereunder and retain all rights, title and interest in and to the Service. You agree that you will be solely liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorized Use. You shall notify Otonomos immediately upon becoming aware of the commission by any person of any Unauthorized Use and shall provide Otonomos with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.

e. The term "Otonomos", its domain names and any other trade marks, or service marks used by Otonomos as part of the Service (the "Trade Marks"), are solely owned by Otonomos. In addition, all content on the website, including, but not limited to, the images, pictures, graphics, photographs, animations, videos, music, audio and text (the "Site Content") belongs to Otonomos and is protected by copyright and/or other intellectual property or other rights. You hereby acknowledge that by using the Service, you obtain no rights in the Site Content and/or the Trade Marks, or any part thereof. Under no circumstances may you use the Site Content and/or the Trade Marks without Otonomos's prior written consent. Additionally, you agree not to do anything that will harm or potentially harm the rights, including the intellectual property rights of Otonomos.

2. No Warranties

a. Otonomos disclaims any and all warranties, expressed or implied, in connection with the service which is provided to you "as is" and we provide you with no warranty or representation whatsoever regarding its quality, fitness for purpose, completeness or accuracy.

b. Regardless of Otonomos's efforts, Otonomos makes no warranty that the service will be uninterrupted, timely or error-free, or that defects will be corrected.

3. Authority / Terms of Service

a. You agree to the rules of the Service provided and described on the otonomos.com website. Otonomos retains all authority over the issuing, maintenance, and closing of the Service. The decision of Otonomos's management, concerning any use of the Service, or dispute resolution, is final and shall not be open to review or appeal.

b. While we shall use reasonable efforts to ensure that availability of the Website, Otonomos Services shall be uninterrupted and that transmissions shall be error-free, this cannot be guaranteed. Also, User's access to the Website Otonomos Services may also be occasionally suspended or limited to allow for repairs, maintenance, or the introduction of new facilities or services. We shall attempt to limit the frequency and duration of any such suspension or restriction and use reasonable efforts to notify User in advance.

c. To the extent permitted by applicable law, we shall not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses.

d. To the extent permitted under applicable law, we shall not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.

e. User is responsible for maintaining the confidentiality of User's password and account, including the private key we issue to User, and any activities that occur using User's account or are signed for with User's private key. We shall not be liable to User or any entities for any loss or damage which may arise as a result of any failure by User to protect User's password, private key or account.

f. The User of the Otonomos Services are able to interact with certain information or content provided by us (including any share transfer forms, company incorporation forms and regulatory filing documentation) to create user-generated content. We shall not be liable for the accuracy, completeness or contents of any user generated content.

4. Your Representations and Warranties

a. There is a risk of losing cryptocurrency & other funds of value when using the Service and Otonomos has no responsibility to you for any such loss;

b. Your use of the Service is at your sole option, discretion and risk;

c. You are solely responsible for any applicable taxes which may be payable on cryptocurrency traded or transacted by you through your using the Service;

d. The telecommunications networks, blockchain networks (such as Ethereum) and Internet access services required for you to access and use the Service are entirely beyond the control of Otonomos and Otonomos shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same; and

e. You are (i) aged 18 or over, (ii) you are of the age of majority in your jurisdiction, (iii) you are accessing the Service from a jurisdiction in which it is legal to do so, (iv) you are not a Politically Exposed Person (PEP) nor are you on any U.S. or EU Sanctions lists or terrorism finance watchlists, and (v) that you will inform Otonomos immediately if you enter onto one of these lists or change your residence to a prohibited jurisdiction.

f. You warrant that should you discover a bug or error that may lead to an exploit of the Service or other loss of funds from Otonomos, you have the responsibility to notify Otonomos at admin@otonomos.com in a timely manner. Furthermore, any attempt by you to use such a discovered exploit or bug for illicit financial gain is illegal and strictly prohibited under this Agreement. Otonomos reserves the right to prosecute to the fullest extent of the law anyone who exploits or attempts to exploit the Service in an unlawful manner. Such exploits or bugs should be disclosed in a responsible manner and in strict confidence with admin@otonomos.com and no other entity.

5. Prohibited Uses

Prior to your use of the Service and on an ongoing basis you represent, warrant, covenant and agree that:

a. PERSONAL USE. The Service is intended solely for the User's personal use. The User is only allowed to use the Service for personal use, and may not create multiple accounts, including for the purpose of collusion and/or abuse of service.

b. EXPLOITS & BUGS. The Service is provided as is, and any exploitation of the Service or errors in program logic and/or code (bugs) constitutes a Prohibited Use and a material breach of this Agreement. Any funds the user may misappropriate in this manner pursuant to this clause shall be considered void and the immediate property of Otonomos, without limit.

c. JURISDICTIONS. Persons located in or residents of the North Korea, Iran, Venezuela or any other jurisdiction in which it is prohibited from using the Service (the "Prohibited Jurisdictions") are not permitted to make use of the Service. For the avoidance of doubt, the foregoing restrictions on Service from Prohibited Jurisdictions applies equally to residents and citizens of other nations while located in a Prohibited Jurisdiction. Any attempt to circumvent the restrictions on usage by any persons located in a Prohibited Jurisdiction or Restricted Jurisdiction, is a breach of this Agreement. An attempt at circumvention includes, but is not limited to, manipulating the information used by Otonomos to identify your location and providing Otonomos with false or misleading information regarding your location or place of residence.

Any and all monies (including cryptocurrencies) of a person located in a Prohibited Jurisdiction on the Service are VOID, and can be confiscated or may be returned to the person at Otonomos's sole discretion.

6. Applicable Regulations and Know your Customer ("KYC") and Anti-Money Laundering (AML) Policy

a. Otonomos and its agents in the various jurisdictions are under various obligations to perform KYC, AML and general client Due Diligence as a condition to file with local Registries and/or provide the Services User requested. User's order of Services is subject to submitting the information requested from User and our indicated formation times commence from the moment Otonomos completed the review of all submitted documents.

b. All expenses related to the sourcing of KYC/AML/DD related documents are on User's behalf.

c. User represents, warrants and undertakes that it shall comply with all applicable laws and regulations when using the Website or engaging the Otonomos Services.

d. User shall indemnify Otonomos (and/or any of its affiliates) against any and all loss, damage, actions, judgements, claims, demands, costs, taxes and expenses (including legal and/or professional fees) howsoever incurred by Otonomos arising from User's breach of clause 6.a-c.

e. As part of its Services, Otonomos may provide User with the smart contract tools to create and distribute digital tokens on the Ethereum or other blockchains. In addition, Otonomos's Services may include guidance on best practices with regards to raising money for User's project, including the use of the OtoGO launchpool functionality ("OtoGO") which lets User offer tokens for reservation by stakers ("Stakers") who connect to User's launch pool site via a URL generated on behalf of User as part of its Service.

f. In respect of Section (e) above, Otonomos makes no warranty as to the merit, legality or juridical nature of any token creation, token reservation or token distribution as part of User's fundraise (including whether or not User's token is considered a security or financial instrument under any applicable Securities Laws).

g. Otonomos further reserves the right to share submitted KYC information and documentation to 3rd parties to verify the authenticity of submitted information, and the end User (you) agree to this by using the Service.

h. Otonomos reserves the right to confiscate any and all funds that are found to be in violation of relevant and applicable anti-money laundering (AML) and countering terrorism financing (CFT) laws and regulations, and to cooperate with the competent authorities when and if necessary.

i. Otonomos expressly prohibits and rejects the use of the Service for any form of illicit activity, including money laundering, terrorist financing or trade sanctions violations, consistent with various jurisdictions' laws, regulations and norms.

7. Fees and Payment

a. User shall pay Otonomos in advance the fees set out on our Website for the relevant Otonomos Services it has ordered ("Fees") through a secure payment process incorporated into our Website, or by electronic invoice, which can be securely paid by credit card, debit card, bank wire or any major crypto currency.

b. If there are any fees for Otonomos Services that are not set out in the Website, we shall issue an invoice to User for such Otonomos Services provided. User shall pay us the fees set out in the invoice for such Otonomos Services on receipt of the invoice issued by us.

c. User acknowledges and agrees that completion of the online payment process referred to in this Section does not constitute our acceptance of User's offer to purchase the Otonomos Services from us. Our acceptance of User's order shall take place only on commencement of the Otonomos Services that User ordered from us.

d. During the online payment process, User shall be required to enter its payment details, which are disclosed directly to an independent third party payments processor. We do not collect or store this information and we do not have access at any time to User's payment details.

e. All payments are processed by an independent third party payment processor. We exclude all liability for any loss or damage that might arise from the processing of User's payment information, and the terms of service of that independent third party payment processor shall apply.

8. Breach

a. Without prejudice to any other rights, if a User breaches in whole or in part any provision contained herein, Otonomos reserves the right to take such action as it sees fit, including terminating this Agreement or any other agreement in place with the User and/or taking legal action against such User.

b. You agree to fully indemnify, defend and hold harmless Otonomos and its shareholders, directors, agents and employees from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of: (i) your breach of this Agreement, in whole or in part; (ii) violation by you of any law or any third party rights; and (iii) use by you of the Service.

9. Limitations and Liability

a. Under no circumstances, including negligence, shall Otonomos be liable for any special, incidental, direct, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the Service even if Otonomos had prior knowledge of the possibility of such damages.

b. Nothing in this Agreement shall exclude or limit Otonomos's liability for death or personal injury resulting from its negligence.

10. Disputes

If a User wishes to make a complaint, please contact Otonomos's admin team at admin@otonomos.com. Should any dispute not be resolved to your satisfaction you may pursue remedies in the governing law jurisdiction set forth below.

11. Amendment

Otonomos reserves the right to update or modify this Agreement or any part thereof at any time or otherwise change the Service without notice and you will be bound by such amended Agreement upon posting. Therefore, we encourage you to check the terms and conditions contained in the version of the Agreement in force at such time. Your continued use of the Service shall be deemed to attest to your agreement to any amendments to the Agreement.

12. Governing Law

The Agreement and any matters relating hereto shall be governed by, and construed in accordance with, the laws of the Bahamas. You irrevocably agree that, subject as provided below, the courts of the Bahamas shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement and any matter arising therefrom and irrevocably waive any right that it may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction.

13. Severability

If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.

14. Assignment

Otonomos reserves the right to assign this agreement, in whole or in part, at any time without notice. The User may not assign any of his/her rights or obligations under this Agreement.

DISCLAIMER

Any content provided by Otonomos and its affiliated entities ("Otonomos") or its partners or licensors is provided for general information only and we do not accept any responsibility for its use. Any content provided on this site does not constitute any legal, tax or corporate advice nor constitutes solicitation for any such advice unless expressly determined on our services.

We exclude all liability which might arise from your use or reliance on the content of this website, save to the extent such liability arises from our fraud or fraudulent misrepresentation or from any death or personal injury that arises due to our negligence.

Issued by OtoCorp Ltd.

PRIVACY POLICY

OtoCorp Ltd., Otonomos Blockchain Technologies Limited, Otonomos LLC and its related entities ("we" or "us" or "Otonomos") recognize the importance of protecting the privacy and the rights of individuals in relation to their personal data. The use of the Otonomos services and website requires your consent to transfer and process your information, as well as your consent to use cookies. Please read our Privacy Policy to understand how we collect, use, process, manage and disclose your personal information.

1.1 Collection of your information

We may collect the following types of personal data:

  • name;
  • residential and mailing address;
  • email address;
  • personal identification number (e.g. identity card number or passport number);
  • personal identification document (e.g. identity card or passport);
  • telephone or mobile number;
  • nationality;
  • age or birth date;
  • place of birth;
  • bank account details including statements; and
  • professional or job title or occupation;
  • type and source of income

10. Contact

If you have any questions in relation to this Privacy Policy or your personal information, please contact us at legal@otonomos.com

Otonomos Blockchain Technologies Limited
305 - 1040 Hamilton St
Vancouver, BC V6B 2R9