In these Terms, we refer to our Site [www.oxygean.com] and the App [https://apps.apple.com/ie/app/oxygean/id1491335024 https://play.google.com/store/apps/details?id=com.ellorem.oxygean&hl=en_NZ] collectively as the “Service”. The Service is owned and operated by Ellorem Ireland T/a Oxygean, a company incorporated in Ireland (registration number 3622015LH) whose registered office is at [13 Adelaide Road, Dublin, Ireland] (“OXygean”, “we”, “our”, and “us”) and the users and their heirs, agents, successors and assigns (hereinafter singularly and collectively referred to as “You” or “Your”)
Please read these Terms carefully before you start to use the Service, as they set out the legal agreement between OXygean and You for your use of the Service. By downloading, installing, using or accessing the Service, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use the Service.
These Terms set out important information regarding your rights and obligations in connection with the Service.
1.1 You are the only person who has access to your personal data, the data is collected through your decentralised data vault and is stored exclusively on your mobile phone. If you engage in the mining actions, referral and 1-minute marketplace to earn, you have full consent and control of the data you share or not share. This data will then be made visible to the buyer as outlined in the smart contract.
1.2 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. For more details You can read the Privacy Policy.
In addition, the services set out below will be governed by the following terms of use and privacy policies:
Service | Web address of terms of use | Web address of privacy policy
Apple App Store | See Attachment 1 | https://www.apple.com/legal/privacy/en-ww/
In-App Purchases | http://www.apple.com/legal/internet-services/itunes/us/terms.html | https://www.apple.com/legal/privacy/en-ww/
Google Play Store | https://play.google.com/about/play-terms/index.html | https://policies.google.com/privacy?hl=en#
3.1 OXygean grants you the right to do the following provided you follow all of the rules in these Terms:
i. download, install and use the App, and any updates to it provided by OXygean from time to time, for your personal use only on a compatible mobile device owned or controlled by you; and
ii. access and browse the Site for your personal use only, (the “Licences”).
3.2 The Licences are for your personal and domestic use only. You must not use the Service for resale purposes.
4.1 OXygean may end the Licences at any time and for any reason (or no reason) by giving you at least fourteen (14) days’ notice that the Licences have ended.
4.2 We may also end the Licences immediately if you break any provision of these Terms by ending your Oxygean Account without prior notice to you.
4.3 Where any of the Licences are terminated, you must immediately cease using and accessing the Service and delete any copies of the App held by you.
5.1 In order to use the App and earn OXITs, you must create an OXygean Account. You are responsible for all uses of your OXygean Account whether by you or any third party. You should ensure that you use your personal email address/mobile number for verification of your account and a strong password (if applicable) for your OXygean Account and that the details of your password are kept confidential and secure at all times.
5.2 You must not select as your username a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You must not transfer your OXygean Account to anyone else without our prior written permission.
5.3 Access to your OXygean Account and OXITs can become restricted or even impossible if you lose control over the mobile phone, delete the application or lose encryption keys.
5.4 Your OXygean Account logs details of all OXITs generated by you and any transfers of OXIT’s to or from your OXygean Account. Please review your Account regularly. If you identify any erroneous transaction or unexpected activity on your Account, or you believe that the security of your OXygean Account has been compromised, you must let us know as soon as possible, email using the title Security to support@oxygean.com;
5.5 Different access levels may apply to the OXygean Account of different users and, depending on the access level you hold, your entitlement to obtain functionality of the App or generate OXITs may vary.
5.6 When using the App on your mobile device, OXygean will operate in the background of your mobile device, which in turn may have an impact to the battery life of such device.
5.7 The App stops generating OXITs on your mobile device if you do not open the App for 15 days. Generation of OXITs restarts once you next open the App.
5.8 When using the App, Oxygean will not offer You any marketplace for jobs.
5.9 The App allows you to send your OXITs to other users of the App. Please ensure that you have verified the identity of the recipient of the relevant OXITs before sending them.
6.1 “OXITs” are units of exchange that users of the App may generate through verified mining actions, referrals, rewards or 1-minute actions. OXITs may be used to get certain benefits that are offered via the App. OXITs cannot be redeemed for cash from OXygean or any of its affiliates, unless we expressly agree otherwise with you in writing. OXITs can be redeemed for OXME Crypto tokens. Redemption Value is 1 OXME = 10,000 OXITs
6.2 To redeem or convert your OXITs simply enter the exchange tab in the OX app.
6.3 We reserve the right to destroy OXITs that we have reason to believe that the OXITs have not been created by verified mining actions, referrals, rewards or 1-minute actions and to suspend or disable any OXygean Account used in such a way.
6.4 We reserve the right to destroy or redistribute OXITs that we have reason to believe that the OXITs have been obtained through fraud, for instance by defrauding another OXygean user, and to suspend or disable any OXygean Account used in such a way.
6.5 We reserve the right and retain the absolute discretion to determine and alter, from time to time, the eligible forms of mining actions, referrals and 1-minute action algorithms and amounts of verified input that must be undertaken by users to generate OXITs using the App (for example, we may alter the number of mining actions required to generate a OXITs).
6.6 Verification of input conducted by the App is considered final and cannot be revised or reversed.
6.7 We may cap the maximum amount of OXITs that users of the App may generate each day using the App. The applicable cap may vary depending upon the access level of the relevant user or other criteria that we choose to apply and we may increase or decrease such caps from time to time.
7.1 OXITs are an in-app reward which can be converted to OXME tokens. OXME is not listed on any exchange platform and Oxygean is figuring out the best suitable exchange platform for trading activity and will notify You about the same as and when the OXME is live on the exchange platform.
7.2 If You still wish to sell OXITs then Oxygean will try and facilitate the matching of a seller to a buyer were buyer and seller agree to the value. Oxygean is not liable for any loss, direct or indirect, caused to the user for the same
7.3 If you elect to purchase and/or sell Assets, any financial transactions that you engage in will be conducted solely through the Avalanche Network via Avalanche (or other Ethereum-compatible wallets and browsers).
7.4 OXygean has no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, OXygean will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in.
8.1 Sophistication And Risk of Cryptographic Systems
By utilizing the Tools, the Site or interacting with the Tools or platform or anything contained or provided therein in any way, you represent that you understand the inherent risks associated with cryptographic systems; and warrant that you have an understanding of the usage, risks, potential bugs based on novel technology (where applicable), and intricacies of native cryptographic tokens, like Ether (ETH) and Bitcoin (BTC), smart contract based tokens such as those that follow the Ethereum Token Standard (https://github.com/ethereum/EIPs/issues/20)
8.2 Risk of Regulatory Actions in One or More Jurisdictions
OXygean could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit your ability to access or use the Tools or Arbitrum/Avalance blockchain.
8.3 Risk of Weaknesses or Exploits in the Field of Cryptography
You acknowledge and agree that cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to smart contracts, cryptocurrencies and the Tools, which could result in theft or loss of your cryptographic tokens or property, among other potential consequences. By using the Tools, you acknowledge and agree to undertake these risks.
8.4 Use of Crypto Assets
Some Tools allow the use of ETH or other similar blockchain technologies. You acknowledge and agree that Ether and blockchain technologies and associated assets, and other assets are highly volatile due to many factors including but not limited to popularity, adoption, speculation, regulation, technology and security risks. You also acknowledge and agree that the cost of transacting on such technologies is variable and may increase at any time causing impact to any activities taking place on the Arbitrum/Avalanche blockchain. OXygean does not invite or make any offer to acquire, purchase, sell, transfer or otherwise deal in any other crypto asset. Third party may provide services involving the acquisition, purchase, sale, transfer or exchange of crypto-assets; the service does not provide any such service and does not undertake any liability in connection thereto. You acknowledge and agree these risks and represent that the service cannot be held liable for changes and fluctuations in value or increased costs.
There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections failure or problems, the risk of malicious software introduction, and the risk that third parties may obtain an unauthorized access to information stored within your wallet. You accept and acknowledge that the Services will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Avalanche Network or any sidechain or similar device for processing transactions, however caused.
8.5 Application Security
You acknowledge and agree that the Site, the Tools and related applications are software code and are subject to flaws and acknowledge that you are solely responsible for evaluating any smart contract, code provided by the Site, Tools or Content and the trustworthiness of any third-party websites, products, smart-contracts, or Content you access or use through the Tools. You further expressly acknowledge and agree that Ethereum applications can be written maliciously or negligently, that the Services cannot be held liable for your interaction with such applications and that such applications may cause the loss of property or even identity. This warning and others later provided by the service in no way evidence or represent an on-going duty to alert you to all of the potential risks of utilizing the Tools or the Site.
8.6 Third Party Providers
OXygean, neither own nor control MetaMask, Ledger Wallet, the Mist browser, Google Chrome, the Avalanche Network, any Web3 Provider or any other third-party site, product, or services that you might access, visit, or use for the purpose of enabling you to use the various features of the Tools. OXygean shall not be liable for the acts or omissions of any such third parties, nor shall OXygean and/or the DAO be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.
8.7 Taxes
You are solely responsible for determining, if any, Taxes apply to your OXME related transactions, and any other transaction conducted by you. OXygean does not, and will not, have any insight into or control over any transactions conducted by you either in-app, website or on an exchange, and thus is not responsible for determining the Taxes that apply to your transactions, and is not to act as a withholding Tax agent in any whatsoever.
8.8 Risks of Changes to Avalanche Platform
Upgrades by Ethereum to the Ethereum platform, a hard fork in the Ethereum platform, or a change in how transactions are confirmed on the Ethereum platform may have unintended, adverse effects on all blockchains using the ERC-20 standard, ERC-721 standard, or any other future Ethereum standard. OXygean will not be responsible for any such changes made in Arbitrum/Avalanche Platforms.
9.1 If you elect to purchase, trade, or sell OXITs or other non-fungible token ("NFT") with or from other users, any financial transaction that you engage in will be conducted solely through the Arbitrum/Avalanche network, Layer 2 solutions or other sidechains via Web3 providers.
9.2 OXygean will have no insight into or control over these payments or transactions, nor does it have the ability to reverse any transactions. With that in mind, OXygean will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Tools, or any other transactions that you conduct via the Arbitrum/Avalanche Network, and other networks, sidechains, Layer 2 solutions or Web3 providers.
9.3 Arbitrum/Avalanche requires the payment of a transaction fee (a "Gas Fee") for every transaction that occurs on the Avalanche Network. The Gas Fee funds the network of computers that run the decentralized Arbitrum/Avalanche Network. This means that you will need to pay a Gas Fee for each transaction that occurs via the Tools. You accept that the payment of the Gas Fee is inherent to the nature of the Arbitrum/Avalanche Networks and alien to OXygean or due to the use of the Tools.
9.4 Please be aware that transactions in third-party exchanges may be subject to the fees charged by said third-party marketplaces as per the respective terms and conditions. OXygean shall have no liability whatsoever with regards to transactions conducted in third-party marketplaces.
9.5 You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes that may apply on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, "Taxes") associated with your use of the Tools (including, without limitation, any Taxes that may become payable as the result of your ownership, or transfer of any tokens and any activity conducted by you in OXygean).
10.1 All intellectual property rights in the Service (including in the App and the Site) throughout the world belong to us (or our licensors) and the rights in the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Service other than the right to use them in accordance with these Terms.
10.2 “OXygean” is the trading name of Ellorem Ireland Ltd] and we hold registered and unregistered trade mark rights in respect of this name.
11.1 You are solely responsible for any data, text, images, graphics and other content that you submit, post or display on or via the Service (" User Content").
11.2 We do not claim ownership of any User Content.
11.3 You agree that we are not responsible for, and do not endorse, User Content or any data, text, images, graphics and other content that may be submitted, posted or displayed on or via the Service by another user (“Other User Content”) and that we do not have any obligation to monitor, edit, or remove User Content or any Other User Content. However, we reserve the right, without obligation, to monitor, moderate, edit or remove any such content.
11.4 In general, we will only review User Content if it is relevant to an issue that we are investigating either as a result of a query from you or another user, as a result of an appeal to an account suspension, or as a result of a technical problem with the Service. You agree that we may access and use User Content for this purpose.
11.5 You will make sure that User Content is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.
11.6 You agree that User Content must not:
(i) infringe any third party's copyrights or other rights (e.g., trade mark, privacy rights, etc.);
(ii) contain sexually explicit content or pornography;
(iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group;
(iv) exploit minors;
(v) depict unlawful acts or extreme violence;
(vi) depict animal cruelty or extreme violence towards animals;
(vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or
(viii) break any law, rule or regulation.
12.1 OXIT rewards are the OX inapp value of exchange. OXITS can be converted to the OXME Token a cryptographic token issued by OXygean Ltd.
12.2 To exchange your OXMES you will first need to download the OX app, and use it to create an account. You will need to earn OXIT rewards and convert your OXITS to OXMEs via a Token wallet.
12.3 You can then exchange your OXMEs at the exchange rates published through App or Site from time to time.
12.4 The OXygean app, wallet and OXME Tokens are all subject to both the OXygean Token terms of use (and the terms and conditions of the Arbitrum/Avalanche Protocol, which can be found at either https://arbitrum.io/tos or https://wallet.avax.network/legal)
13.1 You agree that you shall not:
a. seek to generate OXITs by any means other than your genuine mining actions, referral or 1-minute actions meeting the eligibility criteria specified by OXygean from time to time and, in particular, you shall not (i) simulate any actions using artificial and/or mechanical means, (ii) enlist third parties to generate OXITs on your behalf (however, you may receive transfers of OXITs validly generated by other users using the functionality available within the App);
b. copy, adapt, transmit, reverse engineer, decompile, disassemble, modify, sell the App or Site or any content accessible on either, save as otherwise expressly permitted by these Terms or applicable law;
c. operate more than one Oxygean Account;
d. use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service;
e. reproduce, frame, display or mirror the Service other than as a necessary consequence of their normal operation by you;
f. infringe our intellectual property rights or those of any third party in relation to your use of the Service;
g. transmit any material that is defamatory, explicit, offensive or otherwise objectionable on the Service;
h. use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
i. use the Service in any way that breaches any law or regulation, including any applicable export control laws, privacy laws or any other purpose not reasonably intended by OXygean;
j. employ any technology that interferes in any way with the proper operation of the ervice, including by blocking any advertising or promotions displayed thereon; or
k. collect or harvest any information or data from the Services for any commercial purpose, save as otherwise agreed in writing by us.
13.2 If we discover any breach of this Section 13 by you, we may immediately suspend or terminate your access to the App and remove and delete any offending content from the Service.
14.1 OXygean reserves the right at any time in its absolute discretion to alter the functionality or contents of the Service with or without prior notice to you.
14.2 We may issue updates to the App from time to time. Depending upon the nature of the update, you may not be able to continue to use the App until you have downloaded the latest version of the App.
We employ industry-standard security measures to protect your personal information and digital assets. However, please be aware that no system is completely secure, and we cannot guarantee the absolute security of your information or funds.
We reserve the right to amend or modify these terms and conditions at any time. Any changes will be effective immediately upon posting on our website. We may also terminate or suspend your account in case of violation of these terms or for any other reason deemed necessary.
You agree to indemnify and hold OXygean Ltd. and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to User Content, Your use of the Mobile Application or Services or any wilful misconduct on your part.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Mobile Application or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related mobile application, other mobile applications, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related mobile application, other mobile applications, or the Internet. We reserve the right to terminate your use of the Service or any related mobile application for violating any of the prohibited uses.
The Service is provided “as is” and “as available” with all faults. We do not guarantee that the Service, or any part of it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Service without notice. You agree that your use of the Service is at your own risk. We will not be liable to you if the Service (or any part of it) is unavailable at any time or for any period.
20.1 We may change these Terms from time to time. Any changes we may make to these Terms in the future will be posted on the Site and App. Please review this page frequently to see any updates or changes to these Terms.
20.2 From time to time we may make available additional terms or guidance in relation to the usage of the Service and, where we do this, you agree to comply with such additional terms or guidance that we make available by continuing to use the Service.
21.1 The Service has not been developed to meet your individual requirements, and therefore it is your responsibility to ensure that the facilities and functions of the Service meet your requirements.
21.2 YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND TOOLS. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE AND TOOLS MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND TOOLS IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT THE TOOLS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE SERVICES, ITS DIRECTORS, OFFICERS AND EMPLOYEES, THE DAO, NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY OR THEFT OR MISAPPROPRIATION OF PROPERTY OR ANY OTHER THEORY (EVEN IF OXYGEAN HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE SITE OR TOOLS; THE USE OR THE INABILITY TO USE THE SITE OR TOOLS; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS, CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR TOOLS; ANY ACTIONS THE OXYGEAN TAKES OR FAILS TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT PARTICIPATION IN THE TOOLS); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SITE OR TOOLS OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE SITE OR TOOLS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
21.3 OXYGEAN HEREBY EXPRESSLY DISCLAIMS, WAIVES, RELEASES AND RENOUNCES ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON -INFRINGEMENT.
21.4 WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OXYGEAN, ITS DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE TOOLS WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE TOOLS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE TOOLS WILL BE ACCURATE, (III) THE TOOLS OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE TOOLS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE TOOLS WILL BE SECURE.
21.5 YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT THE COMPANY, ITS DIRECTORS, OFFICERS AND EMPLOYEES AND THE DAO HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO ITS GROSS NEGLIGENCE.
21.6 OXYGEAN, ITS DIRECTORS, OFFICERS AND EMPLOYEES AND THE DAO WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE AVALANCHE NETWORK OR THE METAMASK OR ANY OTHER ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) INTELLECTUAL PROPERTY INFRINGEMENT BY THE USERS; (E) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE TOOLS, AVALANCHE NETWORK, OR THE METAMASK OR OTHER ELECTRONIC WALLET.
21.7 LAND PARCELS, WEARABLES AND ANY AND ALL ERC-721 TOKENS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE AVALANCHE NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE AVALANCHE PLATFORM. THE COMPANY HAS NO CONTROL OVER AND MAKES NO GUARANTEES OR PROMISES WITH RESPECT TO THE OWNERSHIP RECORD OR SMART CONTRACTS.
21.8 OXITS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE AVALANCHE NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE AVALANCHE PLATFORM.
21.9 OXYGEAN IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAIN OR ANY OTHER FEATURES OF THE AVALANCHE NETWORK OR THE METAMASK OR OTHER ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE AVALANCHE NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
21.10 SOME TOOLS, AS THE DESKTOP CLIENT PROVIDES YOU WITH FASTER ACCESS AND INTERACTION WITH OXYGEAN. THE DOWNLOAD AND USE OF THE DESKTOP CLIENT MAY INCLUDE THE DOWNLOAD OF THE CONTENT CREATED BY THE USERS AND AVAILABLE AT OXYGEAN TO YOUR DEVICE, WHICH MAY BE ILLEGAL IN YOUR COUNTRY OR OFFENSIVE. YOU ARE SOLELY RESPONSIBLE FOR ALL DOWNLOADS OF THIRD-PARTY CONTENT AND DATA, AND FOR ALL THIRD-PARTY LINKS CLICKED ON. PLEASE NOTE THAT BY CREATING A USER ON THE APP YOU RELEASE THE COMPANY FROM ANY AND ALL LIABILITY REGARDING THE ABOVE-MENTIONED CONTENT, DATA OR LINKS AND ASSUME THE RISKS DESCRIBED ABOVE.
22.1 YOU UNDERSTAND AND AGREE THAT OXYGEAN, ITS OFFICERS, EMPLOYEES, DIRECTORS, THE DAO, AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF OXYGEAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
22.2 YOU ACKNOWLEDGE AND AGREE THAT OXYGEAN HAS MADE THE TOOLS AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. THE COMPANY WOULD NOT BE ABLE TO PROVIDE THE TOOLS TO YOU WITHOUT THESE LIMITATIONS.
22.3 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PERSONAL INJURY CLAIMS.
22.4 LIMITED WARRANTY: THE OXYGEAN PLATFORM AND THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. TO THE FULLEST EXTENT PERMITTED OR AUTHORIZED BY LAW AND WITHOUT LIMITATION OF THE FOREGOING, WE DO NOT WARRANT THAT THE OXYGEAN PLATFORM AND THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, BE AVAILABLE OR OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR THAT THE USE THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THESE TERMS.
22.5 DISCLAIMER OF LIABILITY: IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA OR PROFITS, BUSINESS INTERRUPTION, ETC.) HOWEVER, CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE OXYGEAN PLATFORM AND THE SERVICES, EVEN IF WE ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN ANY CASE, WE ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF OUR CONTRACTORS, VENDORS, CLOUD PROVIDER OR OTHER SERVICE PROVIDER. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THESE TERMS.
22.6 REMEDIES: EXCEPT FOR CLAIMS WITH RESPECT TO FRAUD, DEATH OR PERSONAL INJURY, FOR WHICH NO LIMIT SHALL APPLY, IN NO EVENT – TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW – OUR LIABILITY SHALL IN THE AGGREGATE EXCEED THE FEES EFFECTIVELY PAID BY YOU IN THE THIRTY-DAYS PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. NOTWITHSTANDING THE PRECEDING, YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE OXYGEAN PLATFORM, THE SERVICES OR ANY RELATED SERVICES SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS THERETO, OR USE THEREOF.
22.7 WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
22.8 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU FOR ANY UNAUTHORISED USE OF YOUR OXYGEAN ACCOUNT RESULTING FROM YOUR FAILURE TO MAINTAIN RESTRICTED ACCESS TO YOUR MOBILE DEVICE OR YOUR MOBILE SIM CARD, THE CONFIDENTIALITY OR SECURITY OF YOUR USER DETAILS OR FAILURE TO USE A STRONG PASSWORD.
22.9 RELIANCE ON ANY INFORMATION PROVIDED BY OXYGEAN OR IN CONNECTION WITH THE OXYGEAN SERVICE IS SOLELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS OR ACTIONS YOU TAKE BASED ON THE INFORMATION AND MATERIALS AVAILABLE THROUGH THE SERVICE.
22.10 WE ARE NOT RESPONSIBLE FOR EVENTS OUTSIDE OUR CONTROL. IF OUR PROVISION OF THE SERVICE OR SUPPORT FOR THE SERVICE IS DELAYED BY AN EVENT OUTSIDE OUR CONTROL THEN WE WILL CONTACT YOU AS SOON AS POSSIBLE TO LET YOU KNOW AND WE WILL TAKE STEPS TO MINIMISE THE EFFECT OF THE DELAY. PROVIDED WE DO THIS WE WILL NOT BE LIABLE FOR DELAYS CAUSED BY THE EVENT BUT IF THERE IS A RISK OF SUBSTANTIAL DELAY YOU MAY CONTACT US TO END YOUR CONTRACT WITH US AND RECEIVE A REFUND FOR ANY SERVICE YOU HAVE PAID FOR BUT NOT RECEIVED.
23.1 The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
23.2 4-exception-litigation of Intellectual Property and Small Court Claims Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its Intellectual Property Rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
24. RESTRICTED USER
User is not a citizen, resident (tax or otherwise), domiciliary and/or green card holder or other similar certificate of residency of a country (A) where participation in ISPO and/or token sales is prohibited, restricted or unauthorized by applicable law, decree, regulation, treaty, or administrative act, or (B) where it is likely that the sale and/or receiving of tokens would be construed as the sale of a security (howsoever named), financial service or investment product (including without limitation the United States of America, People's Republic of China (each a Restricted Country), nor User is purchasing/receiving tokens from any Restricted Country, nor is the User is an entity (including but not limited to any corporation or partnership) incorporated, established or registered in or under the laws of a Restricted Country, nor is the User purchasing/receiving tokens on behalf of any person or entity from a Restricted Country. The User is not a citizen or resident of a geographic area in which access to or participation in such interface is prohibited by applicable law, decree, regulation, treaty, or administrative act.
25.1 You acknowledge and agree that the availability of our App is dependent on the third-party stores from which you download the application, including Apple Inc.’s (“Apple”) App Store (the “Apple App Store”) and Google LLC’s (“Google”) App Store (“Google Play”).
25.2 As a user of the Apple App Store, we are required to include certain legal terms in our Terms of Use, and these are set out in Attachment 1 to these Terms. You agree to comply with, and your licence to use our application is conditioned upon your compliance with, such Apple App Store terms and conditions. To the extent such other terms and conditions from such Apple App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of User, the more restrictive or conflicting terms and conditions in these Terms of Use apply.
We welcome any feedback or suggestions for improvements relating to the Service and/or any related products and services offered by us from time to time (“Feedback”). Where you provide Feedback to us you agree that we and our affiliates will have the right to use such Feedback for such purposes as we see fit from time to time, including to create new, or enhance existing products or services offered by us, and for consumer communication or product promotion. We will not be required to compensate you financially for any such Feedback provided, regardless of how we or our affiliates use it.
27.1 We may transfer our rights and obligations under these Terms to a third party. We will always inform you via the OXygean website if this happens and we will ensure that the transfer will not affect your rights under the contract.
27.2 You are not entitled to transfer your rights or your obligations under these Terms without our prior written consent.
27.3 If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so on our website, and that will not mean that we will automatically waive any later default by you.
27.4 Each of the provisions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
27.5 These Terms and our agreement are governed by Irish law. You can bring legal proceedings in respect of the Service in the Irish courts.
In these Terms, we refer to our Site [www.oxygean.com] and the App [https://apps.apple.com/ie/app/oxygean/id1491335024 https://play.google.com/store/apps/details?id=com.ellorem.oxygean&hl=en_NZ] collectively as the “Service”. The Service is owned and operated by Ellorem Ireland T/a Oxygean, a company incorporated in Ireland (registration number 3622015LH) whose registered office is at [13 Adelaide Road, Dublin, Ireland] (“OXygean”, “we”, “our”, and “us”) and the users and their heirs, agents, successors and assigns (hereinafter singularly and collectively referred to as “You” or “Your”)
Please read these Terms carefully before you start to use the Service, as they set out the legal agreement between OXygean and You for your use of the Service. By downloading, installing, using or accessing the Service, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use the Service.
These Terms set out important information regarding your rights and obligations in connection with the Service.
1.1 You are the only person who has access to your personal data, the data is collected through your decentralised data vault and is stored exclusively on your mobile phone. If you engage in the mining actions, referral and 1-minute marketplace to earn, you have full consent and control of the data you share or not share. This data will then be made visible to the buyer as outlined in the smart contract.
1.2 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. For more details You can read the Privacy Policy.
In addition, the services set out below will be governed by the following terms of use and privacy policies:
Service | Web address of terms of use | Web address of privacy policy
Apple App Store | See Attachment 1 | https://www.apple.com/legal/privacy/en-ww/
In-App Purchases | http://www.apple.com/legal/internet-services/itunes/us/terms.html | https://www.apple.com/legal/privacy/en-ww/
Google Play Store | https://play.google.com/about/play-terms/index.html | https://policies.google.com/privacy?hl=en#
3.1 OXygean grants you the right to do the following provided you follow all of the rules in these Terms:
i. download, install and use the App, and any updates to it provided by OXygean from time to time, for your personal use only on a compatible mobile device owned or controlled by you; and
ii. access and browse the Site for your personal use only, (the “Licences”).
3.2 The Licences are for your personal and domestic use only. You must not use the Service for resale purposes.
4.1 OXygean may end the Licences at any time and for any reason (or no reason) by giving you at least fourteen (14) days’ notice that the Licences have ended.
4.2 We may also end the Licences immediately if you break any provision of these Terms by ending your Oxygean Account without prior notice to you.
4.3 Where any of the Licences are terminated, you must immediately cease using and accessing the Service and delete any copies of the App held by you.
5.1 In order to use the App and earn OXITs, you must create an OXygean Account. You are responsible for all uses of your OXygean Account whether by you or any third party. You should ensure that you use your personal email address/mobile number for verification of your account and a strong password (if applicable) for your OXygean Account and that the details of your password are kept confidential and secure at all times.
5.2 You must not select as your username a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You must not transfer your OXygean Account to anyone else without our prior written permission.
5.3 Access to your OXygean Account and OXITs can become restricted or even impossible if you lose control over the mobile phone, delete the application or lose encryption keys.
5.4 Your OXygean Account logs details of all OXITs generated by you and any transfers of OXIT’s to or from your OXygean Account. Please review your Account regularly. If you identify any erroneous transaction or unexpected activity on your Account, or you believe that the security of your OXygean Account has been compromised, you must let us know as soon as possible, email using the title Security to support@oxygean.com;
5.5 Different access levels may apply to the OXygean Account of different users and, depending on the access level you hold, your entitlement to obtain functionality of the App or generate OXITs may vary.
5.6 When using the App on your mobile device, OXygean will operate in the background of your mobile device, which in turn may have an impact to the battery life of such device.
5.7 The App stops generating OXITs on your mobile device if you do not open the App for 15 days. Generation of OXITs restarts once you next open the App.
5.8 When using the App, Oxygean will not offer You any marketplace for jobs.
5.9 The App allows you to send your OXITs to other users of the App. Please ensure that you have verified the identity of the recipient of the relevant OXITs before sending them.
6.1 “OXITs” are units of exchange that users of the App may generate through verified mining actions, referrals, rewards or 1-minute actions. OXITs may be used to get certain benefits that are offered via the App. OXITs cannot be redeemed for cash from OXygean or any of its affiliates, unless we expressly agree otherwise with you in writing. OXITs can be redeemed for OXME Crypto tokens.
6.2 To redeem or convert your OXITs simply enter the exchange tab in the OX app.
6.3 We reserve the right to destroy OXITs that we have reason to believe that the OXITs have not been created by verified mining actions, referrals, rewards or 1-minute actions and to suspend or disable any OXygean Account used in such a way.
6.4 We reserve the right to destroy or redistribute OXITs that we have reason to believe that the OXITs have been obtained through fraud, for instance by defrauding another OXygean user, and to suspend or disable any OXygean Account used in such a way.
6.6 Verification of input conducted by the App is considered final and cannot be revised or reversed.
6.7 We may cap the maximum amount of OXITs that users of the App may generate each day using the App. The applicable cap may vary depending upon the access level of the relevant user or other criteria that we choose to apply and we may increase or decrease such caps from time to time.
7.1 OXIT is not listed on any exchange platform and Oxygean is figuring out the best suitable exchange platform for trading activity and will notify You about the same as and when the OXIT is live on the exchange platform.
7.2 If You still wish to sell OXITs then Oxygean will try and facilitate the matching of a seller to a buyer were buyer and seller agree to the value. Oxygean is not liable for any loss, direct or indirect, caused to the user for the same
7.3 If you elect to purchase and/or sell Assets, any financial transactions that you engage in will be conducted solely through the Avalanche Network via Avalanche (or other Ethereum-compatible wallets and browsers).
7.4 OXygean has no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, OXygean will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in.
8.1 Sophistication And Risk of Cryptographic Systems
By utilizing the Tools, the Site or interacting with the Tools or platform or anything contained or provided therein in any way, you represent that you understand the inherent risks associated with cryptographic systems; and warrant that you have an understanding of the usage, risks, potential bugs based on novel technology (where applicable), and intricacies of native cryptographic tokens, like Ether (ETH) and Bitcoin (BTC), smart contract based tokens such as those that follow the Ethereum Token Standard (https://github.com/ethereum/EIPs/issues/20)
8.2 Risk of Regulatory Actions in One or More Jurisdictions
OXygean could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit your ability to access or use the Tools or Avalanche blockchain.
8.3 Risk of Weaknesses or Exploits in the Field of Cryptography
You acknowledge and agree that cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to smart contracts, cryptocurrencies and the Tools, which could result in theft or loss of your cryptographic tokens or property, among other potential consequences. By using the Tools, you acknowledge and agree to undertake these risks.
8.4 Use of Crypto Assets
Some Tools allow the use of ETH or other similar blockchain technologies. You acknowledge and agree that Ether and blockchain technologies and associated assets, and other assets are highly volatile due to many factors including but not limited to popularity, adoption, speculation, regulation, technology and security risks. You also acknowledge and agree that the cost of transacting on such technologies is variable and may increase at any time causing impact to any activities taking place on the Avalanche blockchain. OXygean does not invite or make any offer to acquire, purchase, sell, transfer or otherwise deal in any other crypto asset. Third party may provide services involving the acquisition, purchase, sale, transfer or exchange of crypto-assets; the service does not provide any such service and does not undertake any liability in connection thereto. You acknowledge and agree these risks and represent that the service cannot be held liable for changes and fluctuations in value or increased costs.
There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections failure or problems, the risk of malicious software introduction, and the risk that third parties may obtain an unauthorized access to information stored within your wallet. You accept and acknowledge that the Services will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Avalanche Network or any sidechain or similar device for processing transactions, however caused.
8.5 Application Security
You acknowledge and agree that the Site, the Tools and related applications are software code and are subject to flaws and acknowledge that you are solely responsible for evaluating any smart contract, code provided by the Site, Tools or Content and the trustworthiness of any third-party websites, products, smart-contracts, or Content you access or use through the Tools. You further expressly acknowledge and agree that Ethereum applications can be written maliciously or negligently, that the Services cannot be held liable for your interaction with such applications and that such applications may cause the loss of property or even identity. This warning and others later provided by the service in no way evidence or represent an on-going duty to alert you to all of the potential risks of utilizing the Tools or the Site.
8.6 Third Party Providers
OXygean, neither own nor control MetaMask, Ledger Wallet, the Mist browser, Google Chrome, the Avalanche Network, any Web3 Provider or any other third-party site, product, or services that you might access, visit, or use for the purpose of enabling you to use the various features of the Tools. OXygean shall not be liable for the acts or omissions of any such third parties, nor shall OXygean and/or the DAO be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.
8.7 Taxes
You are solely responsible for determining, if any, Taxes apply to your OXIT related transactions, and any other transaction conducted by you. OXygean does not, and will not, have any insight into or control over any transactions conducted by you either in-app, website or on an exchange, and thus is not responsible for determining the Taxes that apply to your transactions, and is not to act as a withholding Tax agent in any whatsoever.
8.8 Risks of Changes to Avalanche Platform
Upgrades by Ethereum to the Ethereum platform, a hard fork in the Ethereum platform, or a change in how transactions are confirmed on the Ethereum platform may have unintended, adverse effects on all blockchains using the ERC-20 standard, ERC-721 standard, or any other future Ethereum standard. OXygean will not be responsible for any such changes made in Avalanche Platform.
9.1 If you elect to purchase, trade, or sell OXIT/OXMEs or other non-fungible token ("NFT") with or from other users, any financial transaction that you engage in will be conducted solely through the Avalanche network, Layer 2 solutions or other sidechains via Web3 providers.
9.2 OXygean will have no insight into or control over these payments or transactions, nor does it have the ability to reverse any transactions. With that in mind, OXygean will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Tools, or any other transactions that you conduct via the Avalanche Network, and other networks, sidechains, Layer 2 solutions or Web3 providers.
9.3 Avalanche requires the payment of a transaction fee (a "Gas Fee") for every transaction that occurs on the Arbitrum/Avalanche Network. The Gas Fee funds the network of computers that run the decentralized Arbitrum/Avalanche Network. This means that you will need to pay a Gas Fee for each transaction that occurs via the Tools. You accept that the payment of the Gas Fee is inherent to the nature of the Arbitrum/Avalanche Network and alien to OXygean or due to the use of the Tools.
9.4 Please be aware that transactions in third-party exchanges may be subject to the fees charged by said third-party marketplaces as per the respective terms and conditions. OXygean shall have no liability whatsoever with regards to transactions conducted in third-party marketplaces.
9.5 You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes that may apply on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, "Taxes") associated with your use of the Tools (including, without limitation, any Taxes that may become payable as the result of your ownership, or transfer of any tokens and any activity conducted by you in OXygean).
10.1 All intellectual property rights in the Service (including in the App and the Site) throughout the world belong to us (or our licensors) and the rights in the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Service other than the right to use them in accordance with these Terms.
10.2 “OXygean” is the trading name of Ellorem Ireland Ltd] and we hold registered and unregistered trade mark rights in respect of this name.
11.1 You are solely responsible for any data, text, images, graphics and other content that you submit, post or display on or via the Service (" User Content").
11.2 We do not claim ownership of any User Content.
11.3 You agree that we are not responsible for, and do not endorse, User Content or any data, text, images, graphics and other content that may be submitted, posted or displayed on or via the Service by another user (“Other User Content”) and that we do not have any obligation to monitor, edit, or remove User Content or any Other User Content. However, we reserve the right, without obligation, to monitor, moderate, edit or remove any such content.
11.4 In general, we will only review User Content if it is relevant to an issue that we are investigating either as a result of a query from you or another user, as a result of an appeal to an account suspension, or as a result of a technical problem with the Service. You agree that we may access and use User Content for this purpose.
11.5 You will make sure that User Content is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.
11.6 You agree that User Content must not:
(i) infringe any third party's copyrights or other rights (e.g., trade mark, privacy rights, etc.);
(ii) contain sexually explicit content or pornography;
(iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group;
(iv) exploit minors;
(v) depict unlawful acts or extreme violence;
(vi) depict animal cruelty or extreme violence towards animals;
(vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or
(viii) break any law, rule or regulation.
12.1 OXIT rewards are the OX inapp value of exchange. OXITS canbe converted to the OXME Token a cryptographic token issued by OXygeanLtd.
12.2 To exchange your OXMEs you will first need to download the OX app, and use it to create an account. You will need to earn OXIT rewards and convert your OXITs to OXME Tokens via a Tokenwallet.
12.3 You can then exchange your OXMEs at the exchange rates published through App or Site from time to time..
12.4 TheOXygean app, wallet and OXME Tokens are all subject to both the OXygeanToken terms of use (and the terms and conditions of theArbitrum/Avalanche Protocol, which can be found at either (https://arbitrum.io/tos or https://wallet.avax.network/legal)
13.1 You agree that you shall not:
a. seek to generate OXITs by any means other than your genuine mining actions, referral or 1-minute actions meeting the eligibility criteria specified by OXygean from time to time and, in particular, you shall not (i) simulate any actions using artificial and/or mechanical means, (ii) enlist third parties to generate OXITs on your behalf (however, you may receive transfers of OXITs validly generated by other users using the functionality available within the App);
b. copy, adapt, transmit, reverse engineer, decompile, disassemble, modify, sell the App or Site or any content accessible on either, save as otherwise expressly permitted by these Terms or applicable law;
c. operate more than one Oxygean Account;
d. use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service;
e. reproduce, frame, display or mirror the Service other than as a necessary consequence of their normal operation by you;
f. infringe our intellectual property rights or those of any third party in relation to your use of the Service;
g. transmit any material that is defamatory, explicit, offensive or otherwise objectionable on the Service;
h. use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
i. use the Service in any way that breaches any law or regulation, including any applicable export control laws, privacy laws or any other purpose not reasonably intended by OXygean;
j. employ any technology that interferes in any way with the proper operation of the service, including by blocking any advertising or promotions displayed thereon; or
k. collect or harvest any information or data from the Services for any commercial purpose, save as otherwise agreed in writing by us.
13.2 If we discover any breach of this Section 13 by you, we may immediately suspend or terminate your access to the App and remove and delete any offending content from the Service.
14.1 OXygean reserves the right at any time in its absolute discretion to alter the functionality or contents of the Service with or without prior notice to you.
14.2 We may issue updates to the App from time to time. Depending upon the nature of the update, you may not be able to continue to use the App until you have downloaded the latest version of the App.
We employ industry-standard security measures to protect your personal information and digital assets. However, please be aware that no system is completely secure, and we cannot guarantee the absolute security of your information or funds.
We reserve the right to amend or modify these terms and conditions at any time. Any changes will be effective immediately upon posting on our website. We may also terminate or suspend your account in case of violation of these terms or for any other reason deemed necessary.
You agree to indemnify and hold OXygean Ltd. and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to User Content, Your use of the Mobile Application or Services or any wilful misconduct on your part.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Mobile Application or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related mobile application, other mobile applications, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related mobile application, other mobile applications, or the Internet. We reserve the right to terminate your use of the Service or any related mobile application for violating any of the prohibited uses.
The Service is provided “as is” and “as available” with all faults. We do not guarantee that the Service, or any part of it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Service without notice. You agree that your use of the Service is at your own risk. We will not be liable to you if the Service (or any part of it) is unavailable at any time or for any period.
20.1 We may change these Terms from time to time. Any changes we may make to these Terms in the future will be posted on the Site and App. Please review this page frequently to see any updates or changes to these Terms.
20.2 From time to time we may make available additional terms or guidance in relation to the usage of the Service and, where we do this, you agree to comply with such additional terms or guidance that we make available by continuing to use the Service.
21.1 The Service has not been developed to meet your individual requirements, and therefore it is your responsibility to ensure that the facilities and functions of the Service meet your requirements.
21.2 YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND TOOLS. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE AND TOOLS MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND TOOLS IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT THE TOOLS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE SERVICES, ITS DIRECTORS, OFFICERS AND EMPLOYEES, THE DAO, NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY OR THEFT OR MISAPPROPRIATION OF PROPERTY OR ANY OTHER THEORY (EVEN IF OXYGEAN HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE SITE OR TOOLS; THE USE OR THE INABILITY TO USE THE SITE OR TOOLS; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS, CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR TOOLS; ANY ACTIONS THE OXYGEAN TAKES OR FAILS TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT PARTICIPATION IN THE TOOLS); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SITE OR TOOLS OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE SITE OR TOOLS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
21.3 OXYGEAN HEREBY EXPRESSLY DISCLAIMS, WAIVES, RELEASES AND RENOUNCES ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON -INFRINGEMENT.
21.4 WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OXYGEAN, ITS DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE TOOLS WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE TOOLS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE TOOLS WILL BE ACCURATE, (III) THE TOOLS OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE TOOLS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE TOOLS WILL BE SECURE.
21.5 YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT THE COMPANY, ITS DIRECTORS, OFFICERS AND EMPLOYEES AND THE DAO HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO ITS GROSS NEGLIGENCE.
21.6 OXYGEAN, ITS DIRECTORS, OFFICERS AND EMPLOYEES AND THE DAO WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE AVALANCHE NETWORK OR THE METAMASK OR ANY OTHER ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) INTELLECTUAL PROPERTY INFRINGEMENT BY THE USERS; (E) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE TOOLS, ABRITRUM/AVALANCHE NETWORK, OR THE METAMASK OR OTHER ELECTRONIC WALLET.
21.7 LAND PARCELS, WEARABLES AND ANY AND ALL ERC-721 TOKENS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE AVALANCHE NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE ARBITRUM/AVALANCHE PLATFORM. THE COMPANY HAS NO CONTROL OVER AND MAKES NO GUARANTEES OR PROMISES WITH RESPECT TO THE OWNERSHIP RECORD OR SMART CONTRACTS.
21.8 OXITS/OXMES ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE AVALANCHE NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE ARBITRUM/AVALANCHE PLATFORM.
21.9 OXYGEAN IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAIN OR ANY OTHER FEATURES OF THE ARBITRUM/AVALANCHE NETWORK OR THE METAMASK OR OTHER ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE AVALANCHE NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
21.10 SOME TOOLS, AS THE DESKTOP CLIENT PROVIDES YOU WITH FASTER ACCESS AND INTERACTION WITH OXYGEAN. THE DOWNLOAD AND USE OF THE DESKTOP CLIENT MAY INCLUDE THE DOWNLOAD OF THE CONTENT CREATED BY THE USERS AND AVAILABLE AT OXYGEAN TO YOUR DEVICE, WHICH MAY BE ILLEGAL IN YOUR COUNTRY OR OFFENSIVE. YOU ARE SOLELY RESPONSIBLE FOR ALL DOWNLOADS OF THIRD-PARTY CONTENT AND DATA, AND FOR ALL THIRD-PARTY LINKS CLICKED ON. PLEASE NOTE THAT BY CREATING A USER ON THE APP YOU RELEASE THE COMPANY FROM ANY AND ALL LIABILITY REGARDING THE ABOVE-MENTIONED CONTENT, DATA OR LINKS AND ASSUME THE RISKS DESCRIBED ABOVE.
22.1 YOU UNDERSTAND AND AGREE THAT OXYGEAN, ITS OFFICERS, EMPLOYEES, DIRECTORS, THE DAO, AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF OXYGEAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
22.2 YOU ACKNOWLEDGE AND AGREE THAT OXYGEAN HAS MADE THE TOOLS AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. THE COMPANY WOULD NOT BE ABLE TO PROVIDE THE TOOLS TO YOU WITHOUT THESE LIMITATIONS.
22.3 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PERSONAL INJURY CLAIMS.
22.4 LIMITED WARRANTY: THE OXYGEAN PLATFORM AND THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. TO THE FULLEST EXTENT PERMITTED OR AUTHORIZED BY LAW AND WITHOUT LIMITATION OF THE FOREGOING, WE DO NOT WARRANT THAT THE OXYGEAN PLATFORM AND THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, BE AVAILABLE OR OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR THAT THE USE THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THESE TERMS.
22.5 DISCLAIMER OF LIABILITY: IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA OR PROFITS, BUSINESS INTERRUPTION, ETC.) HOWEVER, CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE OXYGEAN PLATFORM AND THE SERVICES, EVEN IF WE ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN ANY CASE, WE ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF OUR CONTRACTORS, VENDORS, CLOUD PROVIDER OR OTHER SERVICE PROVIDER. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THESE TERMS.
22.6 REMEDIES: EXCEPT FOR CLAIMS WITH RESPECT TO FRAUD, DEATH OR PERSONAL INJURY, FOR WHICH NO LIMIT SHALL APPLY, IN NO EVENT – TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW – OUR LIABILITY SHALL IN THE AGGREGATE EXCEED THE FEES EFFECTIVELY PAID BY YOU IN THE THIRTY-DAYS PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. NOTWITHSTANDING THE PRECEDING, YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE OXYGEAN PLATFORM, THE SERVICES OR ANY RELATED SERVICES SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS THERETO, OR USE THEREOF.
22.7 WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
22.8 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU FOR ANY UNAUTHORISED USE OF YOUR OXYGEAN ACCOUNT RESULTING FROM YOUR FAILURE TO MAINTAIN RESTRICTED ACCESS TO YOUR MOBILE DEVICE OR YOUR MOBILE SIM CARD, THE CONFIDENTIALITY OR SECURITY OF YOUR USER DETAILS OR FAILURE TO USE A STRONG PASSWORD.
22.9 RELIANCE ON ANY INFORMATION PROVIDED BY OXYGEAN OR IN CONNECTION WITH THE OXYGEAN SERVICE IS SOLELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS OR ACTIONS YOU TAKE BASED ON THE INFORMATION AND MATERIALS AVAILABLE THROUGH THE SERVICE.
22.10 WE ARE NOT RESPONSIBLE FOR EVENTS OUTSIDE OUR CONTROL. IF OUR PROVISION OF THE SERVICE OR SUPPORT FOR THE SERVICE IS DELAYED BY AN EVENT OUTSIDE OUR CONTROL THEN WE WILL CONTACT YOU AS SOON AS POSSIBLE TO LET YOU KNOW AND WE WILL TAKE STEPS TO MINIMISE THE EFFECT OF THE DELAY. PROVIDED WE DO THIS WE WILL NOT BE LIABLE FOR DELAYS CAUSED BY THE EVENT BUT IF THERE IS A RISK OF SUBSTANTIAL DELAY YOU MAY CONTACT US TO END YOUR CONTRACT WITH US AND RECEIVE A REFUND FOR ANY SERVICE YOU HAVE PAID FOR BUT NOT RECEIVED.
23.1 The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
23.2 4-exception-litigation of Intellectual Property and Small Court Claims Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its Intellectual Property Rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
24. RESTRICTED USER
User is not a citizen, resident (tax or otherwise), domiciliary and/or green card holder or other similar certificate of residency of a country (A) where participation in ISPO and/or token sales is prohibited, restricted or unauthorized by applicable law, decree, regulation, treaty, or administrative act, or (B) where it is likely that the sale and/or receiving of tokens would be construed as the sale of a security (howsoever named), financial service or investment product (including without limitation the United States of America, People's Republic of China (each a Restricted Country), nor User is purchasing/receiving tokens from any Restricted Country, nor is the User is an entity (including but not limited to any corporation or partnership) incorporated, established or registered in or under the laws of a Restricted Country, nor is the User purchasing/receiving tokens on behalf of any person or entity from a Restricted Country. The User is not a citizen or resident of a geographic area in which access to or participation in such interface is prohibited by applicable law, decree, regulation, treaty, or administrative act.
25.1 You acknowledge and agree that the availability of our App is dependent on the third-party stores from which you download the application, including Apple Inc.’s (“Apple”) App Store (the “Apple App Store”) and Google LLC’s (“Google”) App Store (“Google Play” and Huawei Ltd (Huawei) AppGallery.
25.2 As a user of the Apple App Store, we are required to include certain legal terms in our Terms of Use, and these are set out in Attachment 1 to these Terms. You agree to comply with, and your licence to use our application is conditioned upon your compliance with, such Apple App Store terms and conditions. To the extent such other terms and conditions from such Apple App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of User, the more restrictive or conflicting terms and conditions in these Terms of Use apply.
We welcome any feedback or suggestions for improvements relating to the Service and/or any related products and services offered by us from time to time (“Feedback”). Where you provide Feedback to us you agree that we and our affiliates will have the right to use such Feedback for such purposes as we see fit from time to time, including to create new, or enhance existing products or services offered by us, and for consumer communication or product promotion. We will not be required to compensate you financially for any such Feedback provided, regardless of how we or our affiliates use it.
27.1 We may transfer our rights and obligations under these Terms to a third party. We will always inform you via the OXygean website if this happens and we will ensure that the transfer will not affect your rights under the contract.
27.2 You are not entitled to transfer your rights or your obligations under these Terms without our prior written consent.
27.3 If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so on our website, and that will not mean that we will automatically waive any later default by you.
27.4 Each of the provisions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
27.5 These Terms and our agreement are governed by Irish law. You can bring legal proceedings in respect of the Service in the Irish courts.
