OXYGEN TERMS AND CONDITIONS
By accessing or using the Oxygen website and/or mobile app (individually and together the “Service”) and any content made available through the Service, you (the “User”) agrees to be bound by these Terms and Conditions and Conditions (“Terms and Conditions”). The Service is operated by Oxygen.org AG (“Oxygen”), and the terms “we,” “us,” and “our” refer to Oxygen. Please read these Terms and Conditions carefully. These Terms and Conditions govern your access to and use of the Service and Content (as defined below).
If you do not agree to anything within these Terms and Conditions, you are not entitled to use the Service or the Content and should not do either.
1. Rules for Access
By accessing or using the Service, you represent and warrant that you will not use the Service if the laws applicable to you of due to your country of residency and/or citizenship prohibit you from doing so in accordance with these Terms and Conditions.
Specifically, the Service and the Content is not intended for use by US residents and/or those living in the US, and if you are a US resident or live in the US, you are not entitled to use the Service and the Content.
In addition, by accessing and using the Service, you represent and warrant that you will not make use of the Service and/or the Content if : (1) you are a US resident and/or domiciliary; (2) you are using the Service from one of the countries embargoed or restricted by the United States, United Kingdom or any European country, including without limitation as follows: Burundi, Central African Republic, Congo, DPRK (North Korea), Guinea, Guinea-Bissau, Iran, Iraq, Lebanon, Libya, Mali, Myanmar (Burma), Republic of South Sudan, Somalia, Sudan, Syria, Ukraine, Venezuela, Yemen, Zimbabwe.
Pursuant to applicable laws and regulations, Oxygen maintains the right to who from which jurisdictions may access and use the Service and the Content, and may restrict or deny the use of the Service, Content or any part thereof, in certain countries at its discretion.
2. Service Content and Functionality
- The Service offers a user interface and related functionality that allows you to gain a route of access and interact with supported independent blockchain protocols, such that you can create your own non-custodial wallets (including the Oxygen Wallet), and carry out certain digital asset trading activity on your own account and directly with other persons. Users acknowledge and agree that Oxygen provides one route of access to be able to interact with the underlying blockchain protocols, but it is not the only way to access those protocols – other access routes are available and users are also able to interact directly with the protocols as they wish. Instead, the Service effectively provides you with a user interface to enable you to carry on your own interactions with the relevant blockchain protocols and their functionality, such that you can undertake your own digital asset trading, lending and other prime brokerage activities.
- Through the Service, you can access various services and facilities which will enable you to carry on your own digital asset trading activity, as described above (the “Content”).
3. Creating a Profile
Before you can access any of the Content, you must create a profile on the Service (your “Oxygen Profile”).
You can create an Oxygen Profile by following the instructions provided as part of the Services, and linking to your Oxygen Profile your digital asset wallets as you wish, and as the Services allow.
4. Electronic Wallets
- As set out above, Oxygen provides a user interface to enable Users to perform their own digital asset trading activity. Oxygen accordingly does not control your digital assets or have any ability to influence how you use or hold them. As a result, when you are interacting with Oxygen, you will need to have your own digital asset wallet provided by a third party or one provided by Oxygen (see clause 5 below) (each a “Wallet”) and link that to your Oxygen Profile.
- Once your Wallet has been linked to your Oxygen Profile, you can begin using the Service to carry out your own digital asset trading activity. Please note that your Wallet is under your sole responsibility and will always remain under your sole control. While your Account enables you to access your Wallet, Oxygen has no access to your Wallet nor any control over its use, and accordingly Oxygen has no liability whatsoever regarding the use of your Wallet and/or any digital assets held in, or controlled through the Wallet.
- If you lose access to your Wallet, Oxygen will not be able to assist you in regaining access to your Wallet, and if you give to a third party or a third party gains access to your Wallet access credentials, Oxygen will not be able to prevent them from using your Wallet and the digital assets stored within it.
- Security of your access credentials to your Wallet, and to your Oxygen Profile, is therefore fundamental to the ongoing security of your Wallet and your Oxygen Profile, and the assets held within them and you should secure access to your access credentials in order to prevent them being accessed by a third party.
- Oxygen cannot guarantee that the Content will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications on the Service and use of the Content, and may result in the failure of your communications including, without limitation, your local network, firewall, your internet service provider, the public internet and your power supply. For the avoidance of doubt and without derogating from the Terms and Conditions hereunder, Oxygen takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy of the Service or the Content.
5. Oxygen Non-custodial Wallet
As part of the Services, Oxygen offers access to a non-custodial wallet solution (the “Oxygen Wallet”) that you can use to allow you to store your own digital assets. Being a non-custodial wallet, this means you will store your own digital assets using the Oxygen Wallet software to enable you to do that. At no point will Oxygen have control over your digital assets or have any ability to influence how you use or hold them.
The Oxygen Wallet contains various features and functionality that enables you to access and interact with supported independent blockchain protocols. This functionality includes the ability to:
- send and receive supported digital assets
- where supported, swap digital assets across supported independent blockchain protocols
- export your private keys to enable alternative storage
- interact with independent digital asset decentralised exchanges to trade digital assets for other digital assets
- view the history of your Oxygen Wallet in order to provide an audit trail for your records
6. Fees and Payments
Oxygen does not charge for the provision of the Service or the Content, and does not make any revenue or profit from your transactions or activity that you choose to undertake on the relevant underlying blockchain protocols, via the Service.
When you carry out digital asset trading activity on the relevant underlying blockchain protocols, you will be interacting with and carrying out transactions directly with other persons, using the relevant underlying blockchain protocols to facilitate your digital asset trading activity. The relevant underlying blockchain protocol will enable you to charge certain fees to other persons that you trade with, and to be charged certain other fees by other persons that you trade with, depending on the context. You may also be charged transaction or processing fees by the underlying blockchain protocol. In all cases those fees are paid and received direct using the relevant underlying blockchain protocol, with no interaction by Oxygen or “cut” taken by Oxygen.
When using the Content, you are able to construct and determine, at your own discretion, the parameters you wish to apply to any digital asset trading you undertake on the relevant underlying blockchain protocol, as the Service and the Content allows. The trades you wish to execute will be subject to those parameters you applied. Such terms, as may be applicable in each case individually, will be reflected and expressed in the trades you place and/or accept, affecting the final outcome of your actions. By using the Content, you confirm and accept you are aware of the intrinsic risks regarding your use of the Content, that you are capable to assess and determine the outcomes of your actions using the Content, that you are exclusively responsible and liable for your actions and their results, and that Oxygen is not responsible for any of the foregoing.
Oxygen is further not responsible for any taxes, levies, charges and/or expenses of any kind you may incur, resulting from your use of the Content and/or in connection therewith, whether such may be incurred pursuant to any applicable laws, rules or regulations, by any third party service provider(s), or otherwise. Any and all such taxes, levies, charges and/or expenses of any kind shall be borne solely by you. You agree that you shall have no claim, suit or demand of any kind, and by agreeing to these Terms and Conditions, hereby irrevocably and completely waive any such claim, suit or demand of any kind, to the extent such may exist or hereafter arise, towards us, our affiliated entities, and any of our directors, managers, employees or consultants, in connection with or related to any of the foregoing.
7. Acceptable Use
You represent and warrant that you have full right and authority to use the Content and to be bound by these Terms and Conditions. You agree that you will comply fully with these Terms and Conditions and all applicable domestic and international laws, regulations, statutes and ordinances that govern your use of the Content. Without limiting the foregoing and in recognition of the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws affecting the transmission of content, and the privacy of persons. When using the Service or Content, you may not, nor may you assist other parties to pursue or engage in unlawful or abusive uses, or any types of activities which contradict the purpose of the Service or Content, hinder the Service’s operation or Content to other users, or which may be deemed to do so (“Restricted Uses”). For clarity and reference, Restricted Uses include, but are not limited to, these types of activities as detailed herein, as we may amend from time to time in our sole discretion:
- Unlawful activities, including any activities which:
- violate any applicable law, rule or regulation; or
- publish, distribute or disseminate any unlawful material or information.
- Undermining or abusive activities, such as activities which:
- take any action that impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information;
- institute, assist or become involved in any type of attack (deliberate or other), including distribution of a virus, attacks upon the Content, any underlying blockchain protocol or the Service, that prevent access to or use of any of the above, other attempts to disrupt any of the above, gain unauthorized access to any of the above, or disrupt any other person’s use or enjoyment of any of the above;
- enter or make an unauthorised attempt to enter the Service and Content (including by accessing linked platforms, networks or systems), including by password mining and/or by using other users’ information;
- design or assist in designing cheats, exploits, automation software, bots, hacks, modes or any other unauthorized third-party software to modify or interfere with the Service or Content;
- attempt to disable or circumvent any security or access control mechanism of the Service or Content;
- use any unauthorized third-party software that accesses, intercepts, 'mines', or otherwise collects information from or through the Content or the Service, or that is in transit from or to the Service;
- bypass any robot exclusion headers or other measures Oxygen uses to restrict access to the Content or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Content, or harvest or manipulate data;
- solicit another person’s password or other personal information under false pretences; or
- copy, modify, or create derivative works of the Content or the Service.
- Activities abusive to other users and/or their rights, such as activities
- interfere with other users’ ability to exploit or access the Service, any of the Content or the underlying blockchain protocols;
- attempt to, or harass, abuse, or harm of another person or entity, including Oxygen employees and service providers;
- collect, harvest or post anyone’s private information, in any media format;
- impersonate another user or otherwise misrepresent yourself;
- violate the legal rights of others, including defaming, abuse, stalking or threatening users; or
- defraud any other users or any other person, including Oxygen employees and service providers, including by providing false, inaccurate, misleading, or partial information.
- Activities infringing intellectual property, such as activities which:
- reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Content, or to obtain any information from the Content using any method unless you have received Oxygen’s prior written approval; or
- infringe the intellectual property rights, privacy rights, or moral rights of any third party or Oxygen;
- Unfair or abusive transacting, such as activities which:
- exploit, disrupt or manipulate, or attempt to exploit, disrupt or manipulate the Service or the use of the Content, in a manner designed to create transaction conditions which are not available to other Users; or
- utilise or apply technological abilities or foreknowledge not exploited or available to other users, to perform (including off Service) transactions parallel to those performed by users on the Service, and/or create unequal terms among users regarding the use of Content on the Service, or influence the terms of transactions on the blockchain (including activities commonly referred to as Front-Running) and/or create an unfair or abusive advantage over other users.
The carrying out of any of these Restricted Uses may be cause for the taking of legal action on the part of Oxygen against you, in addition to any right and remedies set forth hereunder or under any applicable law.
Without limitation to the above, by accepting these Terms and Conditions you acknowledge that Oxygen makes no representation or warranty regarding its ability, nor assumes any liability, to detect, limit or prevent any Restricted Use.
8. Limitation or Termination of Access and Services
Oxygen may, in its sole discretion, refuse to make the Service and/or the Content available to any person or entity. Oxygen may, without notice and in its sole discretion, terminate your right to use the Service and/or the Content or any portion thereof, and block or prevent your future access to and use of the Service and/or the Content or any portion thereof. Oxygen may, at any time and for any reason and in its sole discretion, discontinue the provision of the Content in its entirety, or any part hereof, without prior notice and/or liability of any kind.
Subject to your agreement and compliance with these Terms and Conditions, you are hereby granted with a personal, revocable, non-transferable and non-exclusive right to use the Content. Use of the Content shall be solely for your own, private purposes and for no other purpose whatsoever. You hereby acknowledge that your right to use the Content is limited by these Terms and Conditions, and, if you violate or if, at any point, you do not agree to any of these Terms and Conditions, your right to use the Content shall immediately terminate, and you shall immediately refrain from using the Content.
Without derogating from the generality of the foregoing, any use of the Content that violates these Terms and Conditions is strictly prohibited and can, at Oxygen's sole discretion, result in the immediate revocation of your limited rights granted by these Terms and Conditions. Without limiting any other remedy, Oxygen may limit, suspend, revoke, terminate, modify, or delete your Account or access to the Content at its sole discretion without prior notice or liability, if you are, or if Oxygen suspects (in its sole discretion) that you are failing to comply with these Terms and Conditions or for any actual or suspected Restricted Use of the Service and Content.
10. Ownership, Copyrights
- The Content and all of the content that appears in the Service, including without limitation, the use of the Service’s name, software, web technologies, source code, concepts, artwork, photos, animations, sounds, methods of operation, moral rights, documentation, and virtual items, is the exclusive property of Oxygen, or is being used with permission from its licensors. Oxygen (or its licensors as applicable) retain all rights, title and interest in and to the Content and all of the content that appears in the Service, and all intellectual property rights relating thereto, including without limitations all copyright, patent, trademarks, logos, design rights and any other proprietary rights connected with the Content. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to the Content and/or to any content that appears in the Service. Oxygen’s name and logo, and any other trademarks included in the Content and/or appear on the Service, are trademarks of Oxygen.
- All third party product names that may legitimately appear in the Service are trade marks of their respective owners. No transfer or grant of any rights under any names, marks or logos is made or is to be implied by any provision of these Terms and Conditions or by anything on the Service, and all rights in such names, marks or logos is reserved to Oxygen or their respective owners, as applicable.
- You acknowledge and agree that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or commentary you provide on our platform or one of our social media accounts, regarding Oxygen or the Content (collectively, “Feedback”) that are provided by you, whether by email, posting to the Service or otherwise, are non-confidential and will become the sole property of Oxygen. Oxygen will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
11. Third Party Content
To the extent that the services contain links or any other information to blockchain protocols, third party websites, tokens or services, Oxygen does not control the availability and content of those protocols, websites, tokens and services. Any concerns regarding any such protocols, third party websites, tokens and/or service, or any link thereto, should be directed to such particular protocol operator (if any), website and/or services provider. Oxygen makes no representation or warranty regarding any protocol, content, goods, tokens and/or services provided by any third party, even if linked to through the Service.
The linked protocols, sites and tokens are not under the control of Oxygen and may collect data or solicit personal information from you. Oxygen is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. You agree that the Service may feature advertisements from third parties. Oxygen is not responsible for the actions of third parties who advertise on the Service. Your interactions with advertisers are agreements between you and them with Oxygen having no responsibility for such interactions.
12. Risks Statement, Representations and Warranties
Oxygen provides a user interface only, carries out no execution of digital asset or other transactions for or on behalf of users, custodies no digital assets for users, and does not advise on the merits of any particular transaction or its tax or legal consequences. Users should be aware of the following when using the Service and the Content:
- Assumption of Risks of Cryptographic Systems and Currencies. By using the Content and the Service in any way, you acknowledge the inherent risks associated with digitalgraphic systems and ecosystems; and warrant that you have an understanding of the usage and intricacies of the underlying blockchain protocols and the tokens that you may transact with on them, smart contract based tokens and blockchain-based software systems. You understand that blockchain technologies and associated currencies or tokens are highly volatile due to many factors including but not limited to adoption, speculation, technology and security risks. You also acknowledge that the cost of transacting on such technologies (where applicable) is variable and may increase at any time causing impact to any activities taking place on the relevant blockchain. You acknowledge these risks and represent that Oxygen cannot be held liable for such fluctuations or increased costs. You acknowledge that you are solely responsible for any and all transactions that you may undertake through the Service or the Content.
- Assumption of Risk of Regulatory Actions in One or More Jurisdictions. The Content as well as the underlying blockchain protocols could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit the ability of Oxygen to operate, or which could impede or limit your ability to access or use the Content or the applicable underlying blockchain protocol. Oxygen endeavours to comply with all applicable laws, i.e. all legal requests for information, and reserve the right to provide information to law enforcement personnel and other third parties to answer inquiries, to respond to legal process, to respond to the order of a court of competent jurisdiction and those exercising the court’s authority and to protect Oxygen and its users.
- Understanding Tokens requires advanced technical knowledge. Crypto assets are often described in exceedingly technical language that requires a comprehensive understanding of applied digitalgraphy and computer science in order to appreciate inherent risks. Having the ability to interact with or use a particular digital asset on the Service does not indicate approval or disapproval of the underlying technology regarding any digital asset, and should not be used as a substitute for your own understanding of the risks specific to each digital asset. In using the Content, you represent that you have been, are, and will be solely responsible for making your own independent appraisal and investigations into the risks relating to and concerning any and all digital assets that you choose to deal in. You represent that you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation of the merits and risks of any dealings you may carry on via the Service or the Content.
- You accept the risk of the trades that you might decide to enter into with others on the underlying blockchain protocol. You understand those trades may use untested code and protocols. You accept the risk of trade failure or fault. You agree not to hold Oxygen accountable for any related losses. Neither you nor we, can reverse, change or cancel a transaction marked as complete or pending.
- You are responsible for complying with applicable law. You agree that Oxygen is not responsible for determining whether or which laws may apply to your activity, including with respect to tax or money transferring regulations. You are solely responsible for reporting and paying any taxes arising from your use of the Content.
- You are aware of and accept the risk of operational challenges. The Service and the Content may experience sophisticated cyber-attacks, unexpected surges in activity, or other operational or technical difficulties, which may hinder the use of the Content or affect or even cause faults or failures. You agree not to hold Oxygen accountable for any related losses.
- Oxygen does not advise on trades, trading strategies or risk. If at any point Oxygen or its representatives do provide trade recommendations, market commentary, or any other information, the act of doing so is incidental to your relationship with us and imposes no obligation of truth or due diligence on behalf of Oxygen or its representatives.
- Operation of Token Protocol. We do not own or control the underlying software protocols, which govern the operation of the relevant digital assets and your trades. You acknowledge and agree (i) that the underlying protocols may be subject to sudden changes in operating rules (‘forks’), and that such forks may materially affect the value, function, and even the name of the digital assets you deal in. In the event of a fork, you agree that we may suspend the Content (with or without advance notice to you) and that we may decide whether or not to support (or cease supporting) either branch of the forked protocol entirely. You acknowledge and agree that we assume absolutely no responsibility whatsoever in respect of an unsupported branch of a forked protocol; and (ii) that we are not responsible for operation of the underlying protocols and that we make no guarantee of their functionality, security, or availability.
13. Ownership of Crypto Assets
You hereby warrant and represent that any digital assets used by you in connection with the Content are either owned by you or that you are validly authorized to carry out conversions, and to take (or refrain from taking) any other actions which you perform while using the Content, using such Tokens.
You agree to indemnify, defend and hold Oxygen, its affiliates and service providers, and each of their respective officers, directors, agents, employees, and representatives, harmless from any claim (including, but without limitation, third party claims) or demand (including attorneys’ fees and costs and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to (i) your breach of these Terms and Conditions, (ii) your use or access of the Service and/or Content, or (iii) your violation of any law, rule, or regulation, or the rights of any third party.
15. Warranty Disclaimer
You understand, acknowledge and accept that blockchain applications and protocols are generally still in an early development stage and therefore of experimental nature. You therefore understand that the Content is provided to you ‘as is’ and without warranties or representations of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, Oxygen disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of any kind in connection with any and all digital assets, the Content, non-infringement, and fitness for any particular purpose, usefulness, authority, accuracy, completeness and/or timeliness. Oxygen makes no warranties or representations about the accuracy or completeness of the content of the Content, of the content of any sites linked to the Content, of any third party materials or the underlying software protocol that governs the Content and the Service. Without limiting the foregoing, neither Oxygen nor its affiliates or subsidiaries, or any of its or their directors, employees, agents, attorneys, third-party content providers, distributors, joint-ventures, licensees or licensors represent or warrant that the Service and the Content will be uninterrupted, error-free, bug-free or free from viruses or other harmful components. You agree that use of the Service and the Content is at your sole risk. Additionally, in no event shall Oxygen be liable for any unauthorized access to or use of third party materials, secure servers and/or any and all personal information and/or financial information stored therein. You acknowledge and agree that, to the fullest extent permitted by any applicable law, the disclaimers contained herein shall apply to any and all damages or injuries whatsoever caused by or related to the use of, or inability to use, the Content or the Service, under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence). Under no circumstances whatsoever will Oxygen, even if advised of the possibility of such damages, be responsible or liable to you or to any other entity for any compensatory, indirect, incidental, consequential (including for loss of profits, lost business opportunities, loss of goodwill or data destruction or impairment) special, exemplary, or punitive damages that result from or relate in any manner whatsoever to your use of or inability to use the Content or the Service. If you are dissatisfied with the Content, or with these Terms and Conditions, or you have any dispute with Oxygen, your sole and exclusive remedy is to discontinue using the Service and the Content. You further specifically acknowledge that Oxygen will not be liable, and you agree not to seek to hold Oxygen liable, for the conduct of third parties, including other users of the Content, issuers of digital assets and operators of external sites, and that the risk regarding the foregoing rests entirely with you.
Additionally, we shall not be deemed to be in breach of these Terms and Conditions, nor shall we incur any liability or bear any responsibility due to a delay or failure in performance caused by Force Majeure. Force Majeure refers to circumstances beyond our reasonable control, including but not limited to acts of God, fire, flood, war, terrorism, embargo, accident, labour disputes, or shortage of material, equipment or transport, any law, regulation, or any ruling of court, tribunal or governmental agency.
16. Limitation of Liability
In no event, unless required by applicable law or agreed to in writing by Oxygen, will Oxygen be liable to you for any damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the Content and/or Service (including but not limited to loss of data or data being rendered inaccurate or losses sustained by you or third parties or a failure of the Content or the Service to interact with any other software) even if such holder or other party has been advised of the possibility of such damages.
Additionally, you acknowledge that Oxygen does not act or serve as your broker, intermediary, agent, or advisor with respect to any action (including refraining from any action), including without limitation, any conversion, you make or propose to make using the Content or the Service and owes you no fiduciary duty.
17. Computer Viruses
You acknowledge and agree that Oxygen shall not bear any liability, for any interruptions or damage caused by any computer viruses, worms, spyware, scareware, Trojan horses, defects, corrupted files, hoaxes, or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us. We advise the regular use of a reputable and readily available virus screening and prevention software.
18. Dispute Resolution and Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of Swtizerland. You hereby consent that any claim, cause of action or dispute arising out of or relating to these Terms and Conditions, the Content or the Service shall be submitted to the exclusive jurisdiction of the courts of the Canton of Geneva, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims.
- If any provision of these Terms and Conditions is determined to be invalid or unenforceable, the provision shall be deemed to be severable from the remainder of these Terms and Conditions and will not cause their invalidity or unenforceability.