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 A CUSTODIAL ACCOUNT (THE “CUSTODIAL ACCOUNT” ), WHICH IS OPERATED AND MANAGED BY PRIME TRUST, LLC (“PRIME TRUST”). THE CUSTODIAL ACCOUNT PROVIDES YOU THE ABILITY TO EXCHANGE FIAT FOR DIGITAL CURRENCY (THE “EXCHANGE SERVICES”) WITH THIRD PARTIES. OUR SERVICES DOES NOT INCLUDE ANY EXCHANGE SERVICES. THE EXCHANGE SERVICES ARE GOVERNED BY THE TERMS OF SERVICE OF PRIME TRUST, WHICH YOU AGREE TO BE BOUND 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 PRIME TRUST, 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 Prime Trust Terms of Service (“Supplemental Terms” ) and 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.”
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 the fiat currency 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. WE ARE NOT RESPONSIBLE FOR ANY ACTIVITIES THAT YOU ENGAGE IN WHEN USING YOUR CUSTODIAL ACCOUNT, AND YOU SHOULD UNDERSTAND THE RISKS ASSOCIATED WITH ETHEREUM OR ANY DIGITAL CURRENCIES. UNLESS EXPLICITLY PROVIDED IN WRITING, WE DO NOT HOST OR MAINTAIN ECOSYSTEM PARTNERS ACCESSIBLE ON OUR SERVICES AND DO NOT PARTICIPATE IN ANY TRANSACTIONS ON SUCH ECOSYSTEM PARTNERS, RECOMMEND, ENDORSE, OR OTHERWISE TAKE A POSITION ON YOUR USE OF THEIR 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 any new Supplemental Terms will be made available from within, or through, the affected Service. We will also update the “Last Updated” date at the top of the Terms of Use. Any changes to the Agreement will be effective immediately for new users of the Website and/or Services and will be effective thirty (30) days after posting notice of such changes on the Website and/or Services for existing users of the Services. Oval Finance may require you to provide consent to the updated Agreement in a specified manner before further use of the Website and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or the Services. Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
For the purposes of these Terms of Use, Services shall include a cloud-based software as a service (SAAS) platform for professional investors, financial institutions, and fintech companies to manage, transact, transfer and track digital assets and digital pools. You further understand that the Services are intended for market exempt dealers, institutional and professional investors, financial institutions, regulated entities, individuals with securities or investor protection regulator government agencies, self-regulatory organizations, and fintech companies.
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.
1.1 Updates
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.
1.2 Certain Restrictions
The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Oval Finance Properties or any portion of Oval Finance Properties, except as expressly stated herein; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Oval Finance Properties (including images, text, page layout or form) of Oval Finance; (c) you shall not use any metatags or other “hidden text” using Oval Finance’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Oval Finance Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) except as expressly stated herein, no part of Oval Finance Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Oval Finance Properties. Any future release, update or other addition to Oval Finance Properties shall be subject to the Agreement. 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 pursuant to the Agreement.
REGISTRATION
2.1 Connecting to the Custodial Account
In order to use the Platform and access certain features of Oval Finance Properties, you must register and access a Custodial Account.
2.2 Registration
In order to access certain features of Oval Finance Properties, you may be required to become a registered user.
2.3 Connected Content
You hereby authorize Oval Finance to receive and/or access any and all information from your Custodial Account necessary for Oval Finance to provide the functionality of the Platform and Services. You represent that you are entitled to grant Oval Finance access to your Custodial Account (including, but not limited to, for use for the purposes described herein) without breach by you or any of the terms and conditions that govern your use of the Custodial Account. By granting Oval Finance access to your Custodial Account, you understand that Oval Finance may access and make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through Oval Finance Properties (“Content”) or personal financial data that you have provided to and stored in your Custodial Account, as applicable (collectively, the “Connected Content”), so that it is available on and through the Oval Finance Properties via your Custodial Account. Please note that if a Custodial Account or associated service becomes unavailable, or Oval Finance’s access to such Custodial Account is terminated by the third-party service provider, then Connected Content will no longer be available on and through Oval Finance Properties, and the functionality of the Platform and Services may cease. Unless otherwise specified in the Agreement, all Connected Content shall be considered to be Your Content (as defined in Section 3 (Types of Content)) for all purposes of the Agreement. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR CUSTODIAL ACCOUNT SUCH AS PRIME TRUST IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND OVAL FINANCE DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH CUSTODIAL ACCOUNTS. Oval Finance makes no effort to review any Connected Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Oval Finance is not responsible for any Connected Content.
