Effective Date: January 24, 2025
PLEASE READ THESE TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY AS IT IS A BINDING AGREEMENT BETWEEN YOU AND OVAL FINANCE, INC. (“OVAL FINANCE,” “WE,” OR “US”) CONCERNING YOUR ACCESS TO AND USE OF THE OVAL FINANCE WEBSITE (https://ovalfi.com) (THE “WEBSITE”) AND DECENTRALIZED FINANCE (“DEFI”) WEB-HOSTED PLATFORM AND DASHBOARD (THE “PLATFORM”), AS WELL AS ANY OTHER WEBSITE, COMMUNITY, BLOG, MEDIA FORM, MEDIA CHANNEL, OR MOBILE WEBSITE RELATED, LINKED, OR OTHERWISE CONNECTED THERETO, INCLUDING ANY UPDATES THEREOF (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”).
BY CONNECTING ANY BANK ACCOUNT OR CREDIT CARD, AND/OR BROWSING, ACCESSING OR USING ANY CONTENT, INFORMATION, SERVICES, FEATURES OR RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE OR SERVICES, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE; YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH OVAL FINANCE; AND YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE.
THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, THAT IS USING OR ACCESSING THE SERVICES OR THAT IS IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE.
OUR SERVICES ALSO USE A SERVICE THAT ALLOWS YOU TO ACCESS CUSTODIAL ACCOUNTS (EACH A “CUSTODIAL ACCOUNT”), WHICH ARE OPERATED AND MANAGED BY VARIOUS THIRD-PARTY CUSTODIANS. THE CUSTODIAL ACCOUNTS PROVIDE YOU THE ABILITY TO EXCHANGE FIAT FOR DIGITAL CURRENCY (THE “EXCHANGE SERVICES”) WITH THIRD PARTIES. OUR SERVICES DO NOT INCLUDE ANY EXCHANGE SERVICES. THE EXCHANGE SERVICES ARE GOVERNED BY THE TERMS OF SERVICE OF THE RESPECTIVE THIRD-PARTY CUSTODIANS, WHICH YOU AGREE TO BE BOUND BY IN ORDER TO ACCESS THE EXCHANGE SERVICES.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE OR THE TERMS OF USE OF ANY APPLICABLE THIRD-PARTY CUSTODIAN, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.
You should be aware that the risk of loss in trading or holding digital currencies can be substantial. As with any asset, the value of digital currencies can go up or down and there can be a substantial risk that you lose money buying, selling, holding, or investing in digital currencies. Any information provided on the Website or the Platform shall remain on a purely informative basis and shall not, in any case whatsoever, constitute any financial, securities, or investment advice. Your access or use of the Website and Platform shall be at your own risk and peril.
Your use of, and participation in, certain Services may be subject to additional terms, including but not limited to the terms of service of applicable third-party custodians (“Supplemental Terms”). Such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Agreement.”
SERVICES OVERVIEW
The Services primarily consist, without limitation, of the Website and Platform, which allow you to access a Custodial Account in order to track and monitor a digital currency portfolio, including assets, debts, liquidity, pools, staking, claimable rewards and yield farming activities, as well as to exchange, invest and re-balance between supported DeFi platforms. The Platform also allows you to transfer fiat currency in the Custodial Accounts, which Oval Finance will allow you to convert into digital currency. Afterwards, Oval Finance will spread the digital currency across supported DeFi applications (each, an “Ecosystem Partner”) and uses DeFi shortcut smart contracts that bundle cross-protocol actions to help you access unique investment opportunities in less time and generate high interest yields.
OVAL FINANCE IS A NON-CUSTODIAL PLATFORM AND DOES NOT HAVE ACCESS TO YOUR PASSWORD AND CANNOT INITIATE A TRANSFER OF YOUR DIGITAL CURRENCIES OR OTHERWISE ACCESS YOUR DIGITAL CURRENCIES WITHOUT YOUR CONSENT. OVAL FINANCE IS NOT A BROKER OR INTERMEDIARY AND IS IN NO WAY YOUR AGENT, ADVISOR, OR CUSTODIAN, AND WE DO NOT HAVE A FIDUCIARY RELATIONSHIP OR OBLIGATION TO YOU REGARDING ANY DECISIONS OR ACTIVITIES THAT YOU EFFECT WHEN USING YOUR CUSTODIAL ACCOUNT OR OUR SERVICES.
PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY OVAL FINANCE IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Oval Finance will make a new copy of the Terms of Use available within the Services and will update the “Last Updated” date at the top of the Terms of Use. Any changes will be effective immediately for new users and thirty (30) days after notice is posted for existing users. If you do not agree to a change after receiving notice, you shall stop using the Website and/or the Services. Otherwise, continued use constitutes acceptance. PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
USE OF THE SERVICES AND OVAL FINANCE PROPERTIES
The Services and the information and content available in the Services (collectively, the “Oval Finance Properties”) are protected by copyright laws throughout the world. Subject to the Agreement, Oval Finance grants you a limited license to use Oval Finance Properties and reproduce portions of Oval Finance Properties for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by Oval Finance in a separate license, your right to use any and all Oval Finance Properties is subject to the Agreement.
Updates
You understand that Oval Finance Properties are evolving. You acknowledge and agree that Oval Finance may update Oval Finance Properties with or without notifying you. You may need to update third-party software from time to time in order to use Oval Finance Properties.
Certain Restrictions
The rights granted to you in the Agreement are subject to the following restrictions: you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Oval Finance Properties or any portion thereof except as expressly stated herein; frame or use framing techniques to enclose any trademark, logo, or other Oval Finance Properties; use any metatags or other “hidden text” using Oval Finance’s name or trademarks; modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Oval Finance Properties except where prohibited by applicable law; or use manual or automated processes, including spiders, robots, scrapers, crawlers, avatars, or data-mining tools, to scrape or download data from the Services. Oval Finance, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of any Oval Finance Property terminates the licenses granted by Oval Finance.
REGISTRATION
In order to use the Platform and access certain features of Oval Finance Properties, you must register and access a Custodial Account. In order to access certain features of Oval Finance Properties, you may be required to become a registered user.
Connected Content
You hereby authorize Oval Finance to receive and/or access information from your Custodial Account necessary to provide the functionality of the Platform and Services. You represent that you are entitled to grant this access without breaching the terms that govern your Custodial Account. By granting access, you understand that Oval Finance may access, make available, and store applicable information, data, text, software, music, sounds, photographs, graphics, video, messages, tags, other materials, and personal financial data accessible through Oval Finance Properties (collectively, “Connected Content”). If a Custodial Account or associated service becomes unavailable, or access is terminated by a third-party provider, Connected Content will no longer be available through Oval Finance Properties and Platform functionality may cease. Oval Finance makes no effort to review Connected Content for accuracy, legality, or noninfringement and is not responsible for any Connected Content.
Representations
You represent that you are at least eighteen (18) years old, of legal age to form a binding contract, and not barred from using Oval Finance Properties under the laws of the State of Texas, applicable federal laws of the United States of America, your place of residence, or any other applicable jurisdiction. You are responsible for all activities that occur during your use of the Services and agree to monitor use by minors and accept full responsibility for any unauthorized use by minors.
Necessary Equipment and Software
You must provide all equipment and software necessary to connect to Oval Finance Properties, including a suitable mobile device where the Services offer a mobile component. You are solely responsible for any Internet connection or mobile fees incurred when accessing Oval Finance Properties, for keeping your hardware secure, and for activity associated with your devices and Custodial Account when using the Services. Oval Finance will not be responsible if another person accesses your devices and authorizes a transaction following a valid transfer initiated from the Services.
You acknowledge that all Content, including Oval Finance Properties, is the sole responsibility of the party from whom such Content originated. You, and not Oval Finance, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available through Oval Finance Properties (“Your Content”), and registered users are similarly responsible for User Content they make available.
OWNERSHIP
Except with respect to Open Source Software, your Custodial Account, Your Content, Connected Content, and User Content, you agree that Oval Finance and its suppliers own all rights, title and interest in Oval Finance Properties, including the Website, Platform, computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, and software. You will not remove, alter, or obscure proprietary rights notices incorporated in or accompanying Oval Finance Properties.
The Services may use, incorporate, or link to open-source components (“Open Source Software”). Your use of the Services is subject to, and you will comply with, applicable open-source or free software licenses. Nothing in this Agreement limits your rights under, or grants rights superseding, the terms and conditions of any applicable end-user license for Open Source Software.
“Oval Finance,” and all related graphics, logos, service marks and trade names used on or in connection with Oval Finance Properties or the Services are trademarks of Oval Finance and may not be used without permission in connection with your or any third party products or services. Other trademarks, service marks, and trade names that may appear on Oval Finance Properties are the property of their respective owners.
Feedback submitted through Discord, the Website, or related suggestion, feedback, feature request, blog, community, forum, or similar pages is submitted at your own risk. You grant Oval Finance a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, create derivative works of, and otherwise exploit any Feedback in connection with the operation and maintenance of Oval Finance Properties and/or Oval Finance’s business.
USER CONDUCT
As a condition of use, you agree not to use Oval Finance Properties for any purpose prohibited by this Agreement or applicable law. You shall not make available Content that infringes another party’s rights; is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of privacy, obscene, offensive, or profane; constitutes unauthorized advertising, junk or bulk e-mail; impersonates another person or entity; interferes with the proper functioning of Oval Finance Properties; jeopardizes the security of any Custodial Account; attempts to obtain another user’s password or security information; or uses manual or automated software to access, scrape, crawl, or spider the Services, introduce harmful code, or interfere with use by any user, host, or network.
INVESTIGATIONS
Oval Finance may, but is not obligated to, monitor or review Oval Finance Properties and Content at any time. Oval Finance may remove any of Your Content for any reason, including if such Content violates the Agreement or applicable law. If Oval Finance becomes aware of possible violations, it reserves the right to investigate and may immediately terminate your license to use Oval Finance Properties or change, alter, or remove Your Content, in whole or in part, without prior notice.
INTERACTIONS WITH OTHER USERS
You are solely responsible for your interactions with registered users and other parties with whom you interact. Oval Finance reserves the right, but has no obligation, to intercede in disputes. Oval Finance Properties may contain User Content provided by other registered users. Oval Finance does not control, approve, endorse, or make representations or warranties with respect to User Content. You use all User Content and interact with other registered users at your own risk.
INDEMNIFICATION
You agree to indemnify and hold Oval Finance, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors harmless from losses, costs, liabilities, and expenses, including reasonable attorneys’ fees, relating to or arising out of Your Content; your use of, or inability to use, Oval Finance Properties; your violation of the Agreement; your violation of another party’s rights; or your violation of applicable laws, rules, or regulations. Oval Finance may assume the exclusive defense and control of a matter otherwise subject to indemnification by you, in which event you will cooperate in asserting available defenses.
ASSUMPTION OF RISK
Digital currency transactions created with or sent to your Custodial Account must be confirmed and recorded in a blockchain associated with the relevant digital currency. Oval Finance has no control over any blockchain and does not ensure that submitted or received transaction details will be confirmed. Oval Finance cannot facilitate cancellation or modification requests. Certain Ecosystem Partners may involve complex financial transactions that entail a high degree of risk. You accept full responsibility for activities under your Custodial Account and for risks of loss or authorized or unauthorized access, to the maximum extent permitted by law. You acknowledge that you have the knowledge, experience, professional advice, and information to evaluate the merits, risks, and compliance requirements associated with use of your Custodial Account and digital currencies, and that Oval Finance will have no responsibility or liability for such risks.
The prices of blockchain assets are extremely volatile. Oval Finance makes no warranties as to the markets in which digital currencies are transferred, purchased, or traded. You are solely responsible for determining what taxes apply to your digital currency transactions. Oval Finance does not store, send, or receive digital currencies or funds; transfers occur within the supporting blockchain, not in the Services. Transaction details may not be completed or may be substantially delayed by the relevant blockchain, and once submitted, Oval Finance cannot assist with cancellation or modification. Risks of Internet-based currency include hardware, software, and Internet connection failures, malicious software, and unauthorized access to Custodial Account information. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain and may materially adversely affect the Services and digital currencies. Oval Finance makes no guarantee as to decentralized governance or blockchain security and is not liable for hacks, double spending, stolen digital currencies, or other blockchain attacks.
DISCLAIMER OF WARRANTIES AND CONDITIONS
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF OVAL FINANCE PROPERTIES IS AT YOUR SOLE RISK, AND OVAL FINANCE PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. OVAL FINANCE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Oval Finance makes no warranty that Oval Finance Properties will meet your requirements, be uninterrupted, timely, secure, or error-free, or that results obtained from use will be accurate or reliable. Any content accessed through Oval Finance Properties is accessed at your own risk.
OVAL FINANCE DOES NOT RECOMMEND, ENDORSE, ADVOCATE, OR SPONSOR ANY LIQUIDITY POOLS, DIGITAL CURRENCY PAIRS, OR DIGITAL CURRENCY TRANSACTIONS APPEARING ON OR MADE THROUGH OVAL FINANCE PROPERTIES. OVAL FINANCE IS NOT AN AUTHORIZED FINANCIAL ADVISOR OR REPRESENTATIVE AND DOES NOT GIVE TAX, EMPLOYMENT, OR INVESTMENT ADVICE. Price information, quotes, forecasts, return estimates, or indications of past performance are for information purposes only, do not guarantee future performance, and do not constitute an offer or solicitation. Oval Finance strongly advises you to obtain advice from an appropriate securities, commodities, or financial services professional.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL OVAL FINANCE PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, ETHER, STABLE COINS, OR OTHER VIRTUAL CURRENCY, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT OVAL FINANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This limitation does not apply to liability for death or personal injury caused by an Oval Finance Party’s negligence, injury caused by fraud or fraudulent misrepresentation, or any liability that cannot be excluded or limited by applicable law. Certain jurisdictions do not allow exclusion or limitation of certain damages; if those laws apply to you, some exclusions or limitations may not apply and you may have additional rights.
TERM AND TERMINATION
The Agreement commences on the date when you accept these Terms of Use and remains in full force and effect while you use Oval Finance Properties, unless terminated earlier in accordance with the Agreement. Oval Finance may terminate or suspend your use of the Services for any reason at its discretion, including breach of these Terms of Use, and will not have liability for suspension or termination. You may terminate the Services by closing and deleting your account, if applicable, providing written notice, and logging out of the Services. You may continue to access your Custodial Account directly or through other services not hosted by us. Provisions that by their nature should survive will survive termination, including ownership provisions, warranty disclaimers, and limitations of liability.
INTERNATIONAL USERS
Oval Finance Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Oval Finance intends to announce such Services or Content in your country. Oval Finance makes no representations that Oval Finance Properties are appropriate or available for use in other locations. Those who access or use Oval Finance Properties from other countries do so at their own volition and are responsible for compliance with local law.
THIRD-PARTY SERVICES
Oval Finance Properties may contain links to, or integrate with, third-party websites, applications, and advertisements (“Third-Party Services”). When you access a Third-Party Service, you are subject to that service’s terms and conditions, including its privacy policies. Third-Party Services are not under Oval Finance’s control. Oval Finance provides them as a convenience only and does not review, approve, monitor, endorse, warrant, or make representations with respect to Third-Party Services or related products or services. You use all links in Third-Party Services at your own risk and should review applicable terms and policies before proceeding with a transaction.
To use our Services, you may need to link your bank account to your Custodial Account in order to send and receive fiat currency. When funding your Custodial Account, you authorize the applicable third-party custodian, Oval Finance, or respective payment processors to debit your bank account and credit your Custodial Account according to your instructions. When transferring fiat or digital currency out of your Custodial Account, you authorize the applicable third-party custodian to debit your Custodial Account and credit your bank account according to your instructions. Transfer times are not guaranteed. Sending fiat currency from your Custodial Account to your financial institution is at your own risk and peril. You should verify all transaction information prior to submitting instructions.
ELECTRONIC COMMUNICATION AND E-SIGN AGREEMENT
GENERAL PROVISIONS
To the fullest extent provided by law, you release Oval Finance Parties and their successors from claims, demands, losses, damages, rights, and actions related to or arising from your use of Oval Finance Properties. You may not assign, subcontract, delegate, or otherwise transfer the Agreement or your rights and obligations without Oval Finance’s prior written consent. Oval Finance will not be liable for delay or failure to perform resulting from causes outside its reasonable control, including acts of God, war, terrorism, riots, embargos, civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, fuel, energy, labor, or materials.
Communications between you and Oval Finance may take place electronically. For contractual purposes, you consent to receive communications from Oval Finance electronically and agree that all electronic terms, notices, disclosures, and other communications satisfy legal requirements that such communications would satisfy if in writing. You consent to electronic signatures and electronic transactions in your relationship with Oval Finance. You may withdraw consent by contacting: support@ovalfi.com
Questions, complaints, claims, vulnerability reports, and security concerns regarding our Platform, Website, or Services can be directed to: support@ovalfi.com
Notice: you may provide notice to Oval Finance at Oval Finance, Inc., 1595 16th Ave, 301, Richmond Hill, Ontario, Canada, L4B3N9. Email: support@ovalfi.com
