Terms of Service
Effective Date: October 9th, 20241. Introduction
1.1.
These terms of service (“Terms & Conditions”) constitute a legal Agreement between UTXO Monkey Corp (herein, referred to as “Company”) and you, the user.
1.2.
This Agreement governs all aspects related to your access and use of the Oviato website (launch.oviato.com) and any other application that may become available in the future, as well as any tools or products provided on these platforms.
1.3.
These Terms & Conditions will govern your use of any of our services including but not limited to viewing, minting, inscribing, selling or transferring Ordinals through any of the services provided on our websites or platforms.
1.4.
“You” refer to any person accessing, using or utilizing any of our services.
1.5.
Both you and the Company will be collectively referred to as “Parties”.
2. Acceptance of Terms
2.1.
Your use of our services would be herein, subjected to these Terms & Conditions which may be amended in the future as necessary by the Company. These changes would be brought without any prior notice, at our sole discretion. The updated Terms & Conditions would be uploaded on the website, and they become binding upon you at the time of publishing.
2.2.
Your continued use of our services following any amendments to the Terms & Conditions constitute your acceptance to the updated Terms & Conditions.
2.3.
Your information and personal data provided to us for your use of the services would be subjected to our “Privacy Policy”, which is available on our website. Our Privacy Policy is incorporated into these Terms & Conditions by reference.
2.4.
By accessing, using or browsing our website, including but not limited to use of our services, signing up for an account or connecting third party wallets, you hereby agree to be bound by our Terms & Conditions and you will be deemed to have signed the following Agreement with us.
2.5.
By agreeing to these Terms & Conditions, you warrant that you are of legal age according to the applicable laws of any jurisdiction which you are subjected to.
2.6.
You hereby agree that you cannot hold the Company responsible for any losses that you may incur in the process of using our services, including and not limited to any losses you may suffer due to any kind of unauthorized access to your accounts or issues related to third party wallets which you use on our platforms.
2.7.
Accordingly, if you are suspicious or made aware of any unauthorized access to your account or any other breach of security, it is your responsibility to inform the Company using the dedicated channels.
2.8.
If it is reasonably believed that you have breached any of the Terms & Conditions or that you are attempting to compromise the security of our website or any other platforms, your account would be immediately restricted or blocked. This decision will be taken solely at our discretion, at any situation which we feel is necessary and warranted.
2.9.
You warrant that you will comply with any and applicable laws which you are subjected to while using our services and platforms. By agreeing to the following Terms & Conditions, you warrant that you will not use our services to commit any activity considered to be unlawful and illegal under the applicable laws of your jurisdiction. This is including but not limited to any actions which could be considered as fraud, abuse or infringement of intellectual property.
2.10.
You acknowledge that transactions made in conjunction to digital assets may not be reversible and that you understand the risks involved in such interactions.
2.11.
Company would not be held responsible for any losses that you may incur due to any complications found in bitcoin technology, including high network fees or third-party wallets.
2.12.
You shall be responsible for identifying any payable taxes and any obligation arising from it, including declaring, reporting and remitting the correct amount of tax payable under your applicable jurisdiction for any digital assets that you may hold under our services. The Company will not be liable for any penalties, fines or legal consequences of your failure to fulfil your obligations in relation to payable taxes.
3. Services
3.1.
By using our services, such as creating, minting or inscribing an Ordinal or a Collection, you agree that you are responsible for such actions legally and financially. Accordingly, you indemnify the Company from any risks or damages associated with the creation or transfer of an Ordinal or Collection on our website or platforms.
3.2.
The Company is not responsible for any royalty fee which the creator of an Ordinal may set. The Company is also not responsible for the collection of such a royalty fee.
3.3.
The Company will not be responsible for and will not be providing any compensation in relation to any losses or damages incurred due to any errors or incompatibilities of third-party wallets which you may choose to utilize.
3.4.
Content which is generated by the users of this platform does not fall under our purview. You hereby warrant and acknowledge that the Company will not be held liable in relation to any material generated by users.
3.5.
If you have any concerns in relation to user generated content, you are to notify the Company through the appropriate channels.
3.6.
Whichever third-party wallets that you elect to use and connect to our website, you warrant that you are using the relevant third-party wallets according to the terms of service set by the wallet provider.
3.7.
You acknowledge and understand that the third-party wallets are not affiliated with the Company, and that the Company would not be responsible for any issues in conjunction to your usage of these wallets. You also warrant that it is your responsibility to ensure the security and safety of the third part wallets which you utilize.
4. Indemnification
4.1.
Company and any of its affiliates, directors, representatives or employees shall not be held liable for any losses which you may incur in conjunction to your use of our services.
4.2.
You shall indemnify the Company and any of its affiliates, directors, representatives or employees from and against any losses incurred by any third- parties in conjunction with the services provided.
4.3.
This does not exclude you from any legal liability in relation to the breach of any of the following Terms & Conditions.
5. General terms
5.1.
You cannot assign, transfer or trade any of the responsibilities or liabilities to an agent, third-party or anyone else in relation to these Terms & Conditions. Only you shall have the right to make any claims against the Company in relation to our services.
5.2.
If any individual clauses of this Agreement is deemed to be invalid, illegal or unenforceable, the remaining clauses shall continue to be valid and fully enforceable.
6. Governing law and dispute resolution
6.1.
These Terms & Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the Republic of Panama.
6.2.
In the event of any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination any Party to this Agreement shall be entitled to refer the dispute for final resolution to arbitration administered by the Singapore International Arbitration Centre (SIAC) in accordance with the Arbitration Rules of the SIAC for the time being in force (the SIAC Rules), which rules are deemed to be incorporated by reference. Unless the Parties to the dispute unanimously agree otherwise, the arbitral tribunal shall consist of three (3) arbitrators to be appointed in accordance with the SIAC Rules. The language of arbitration shall be English. The seat of arbitration shall be Singapore. All awards may, if necessary, be enforced by any court having jurisdiction in the same manner as a judgment in such court. The costs of such arbitration shall be determined by and allocated between the parties to the dispute by the arbitration tribunal in its award.
7. Contact Us
6.1.
For any concerns or questions in relation to the Terms & Conditions, please email us at: info[at]oviato.com