D.1 Termos de Serviço

PART D.1 — TERMS OF SERVICE

This page forms part of Part D (ODIX Earn). It explains how the Strategy Partner Terms of Service relates to ODIX Earn and summarises its main points.

Important: this is a summary prepared by ODIX for your convenience. The legally binding document is the Strategy Partner Terms of Service published by the Strategy Partner and available on request from support@odixpay.com. If this summary and the Strategy Partner document differ, the Strategy Partner document applies.

1. HOW THIS RELATES TO ODIX

ODIX obtains the vault strategy management behind ODIX Earn from the Strategy Partner under a contract, and offers Earn to eligible ODIX customers in the App. The Strategy Partner manages the strategies; ODIX offers the service, onboards you and remains the company you deal with for your ODIX Account.

The Strategy Partner Terms of Service govern the use of the Strategy Partner's products, including its DeFi vaults and its website. They also set out the Strategy Partner's disclaimers and the limits of its liability for the strategies it manages.

Your ODIX Account, your Wallet and your access to Earn are governed by our General Terms and Part D. If you use the Strategy Partner's products directly, for example through its own website, you do so under the Strategy Partner Terms of Service.

2. SERVICES COVERED

The Strategy Partner's web platforms and hosted services, economic risk management, risk infrastructure and advisory, incentive optimisation and research, DeFi vaults and other products the Strategy Partner offers from time to time.

3. ELIGIBILITY

You must have legal capacity to enter into a binding agreement. You must not be the subject of economic or trade sanctions, be listed on the US OFAC Specially Designated Nationals list, or be a citizen, resident or entity in a jurisdiction subject to comprehensive US sanctions, and your use must not breach any law that applies to you.

4. NO CUSTODY AND NO ADVICE

The Strategy Partner states that it does not own or control the blockchain software or hardware on which its products run, does not broker trades or execute or settle transactions for you, and does not give investment advice. It is not registered with the US Securities and Exchange Commission in any capacity.

The Strategy Partner accepts no liability for lost or compromised keys or seed phrases connected with multi-signature addresses it operates. It uses commercially reasonable efforts to carry out protocol directives but does not accept liability for failures.

5. RISKS

Use of the Strategy Partner's products is at your sole risk. Digital asset markets are new and highly volatile, affected by speculation, technology limits and cybersecurity threats. You must be financially and technically able to understand and accept the risks of blockchain-based systems.

6. YOUR OBLIGATIONS AND PROHIBITED CONDUCT

You must comply with the laws that apply to you, handle your own taxes, keep your credentials and devices secure and keep track of changes to the products.

You must not infringe intellectual property, attack or bypass security, commit fraud or misrepresentation, manipulate markets, breach securities or derivatives laws, scrape data, reverse engineer the products, sublicense or rent them, or breach export controls.

7. INTELLECTUAL PROPERTY

The Strategy Partner owns all intellectual property in its products and grants a limited, revocable, non-exclusive, non-transferable licence to use them. The Strategy Partner may use anonymised and aggregated usage data and its general know-how. It may cooperate with law enforcement, courts and authorities that request information.

8. DISCLAIMERS AND LIABILITY

The products are provided "as is" and "as available", without warranties of any kind, including merchantability and fitness for purpose, and without any guarantee of uninterrupted, secure or error-free access.

The Strategy Partner is not liable for indirect, punitive, incidental, special, consequential or exemplary damages, including loss of profit, goodwill, use or data, nor for unauthorised access, cyberattacks or losses from transactions conducted through the products. Its total liability for direct damages is limited to the fees or charges paid to the Strategy Partner during your use of the products.

You agree to indemnify the Strategy Partner against losses arising from your use of the products, your breach of its terms or the law, third-party use of your device or account, and disputes with other users.

9. DISPUTES AND GOVERNING LAW

Disputes must first be raised informally by email to the partner contact address set out in its terms, with 90 days to resolve them. Unresolved disputes go to binding, confidential, expedited arbitration before a single arbitrator in the arbitration forum specified in the partner's terms.

Disputes must be brought individually; class actions, class arbitrations and jury trials are waived. The terms are governed by the law specified in the partner's terms.

10. CHANGES AND TERMINATION

The Strategy Partner may change its terms at any time by posting a new version, and continued use means acceptance. It may suspend or terminate all or part of its products immediately and without notice, and may limit them by jurisdiction.

11. OTHER TERMS

The terms also cover confidentiality, force majeure, assignment (you may not assign without consent; the Strategy Partner may), independent-contractor status, notices, non-solicitation of staff for one year, and severability.

12. FULL DOCUMENT AND QUESTIONS

The complete Strategy Partner Terms of Service is available on request from support@odixpay.com. The Strategy Partner may update it at any time; the version published by the Strategy Partner is the current one.

Questions about ODIX Earn go to us at support@odixpay.com.