WEBSITE, Joltify Protocol and OPPY chain TERMS AND CONDITIONS OF USE
- About the Website
- Welcome to Joltify.io (the ‘Website‘). The Website provides access to the Joltify protocol (“Joltify”) on the Oppy chain (the ‘Oppy’ or ‘OPPY’, or ‘OPPY Chain’), a decentralized peer-to-peer blockchain that people can use to create liquidity and trade cross chain tokens(the ‘Services‘). For the avoidance of doubt, any references to Services also refers to the use of the Joltify protocol and Oppy Chain. The Services is provided through free, public, and open-source software blockchain, cross-chain decentralised exchange and bridge for cryptocurrency assets.
- The Website is operated by DEEP THOUGHT VENTURES 42 INC. (or ‘We’ or ‘Us’) Access to and use of the Website, or any of its associated Products or Services, is provided by DEEP THOUGHT VENTURES 42 INC. Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
- DEEP THOUGHT VENTURES 42 INC reserves the right to review and change any of the Terms by updating this page at its sole discretion. When DEEP THOUGHT VENTURES 42 INC updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
About Joltify protocol
- JOLTIFY is a Cosmos based blockchain technology that aims to bridge real world assets to the decentralized finance world. JOLTIFY is also a lending platform for lending and borrowing cryptocurrency tokens, such as Atom, Osmo, BNB, etc. JOLTIFY is built on operated on the OPPY Chain. JOLTIFY is designed to amalgamate liquidity in the crypto world to real world financial assets. JOLTIFY will allow traditional asset managers to tokenise, by minting tokens on JOLTIFY (“Products”) and offer real world asset investment opportunities to accredited investors via cryptocurrency and smart contracts.
About OPPY chain
- OPPY is a decentralized peer-to-peer blockchain that people can use to create liquidity and trade cross chain tokens. The OPPY blockchain is made up of free, public, and open-source software. Your use of OPPY involves various risks, including, but not limited, to losses while digital assets are being supplied to OPPY pools and losses due to the fluctuation of prices of tokens in a trading pair or liquidity pool, including Impermanent Loss. Before using any pool on the OPPY blockchain, you should review the relevant documentation to make sure you understand how OPPY works, and the pool you use on OPPY works. Additionally, just as you can access email protocols, such as SMTP, through multiple email clients, you can access pools on OPPY through several web or mobile interfaces. You are responsible for doing your own diligence on those interfaces to understand the fees and risks they present.
- Acceptance of the Terms
- Your using of the Website and Services, including by connecting a wallet to the Website or Services, you are agreeing to the Terms as a user of the Website (‘User’).
- Your use of the Website and Services involves various risks, including, but not limited, to losses while digital assets are being supplied to Oppy pools and losses due to the fluctuation of prices of tokens in a trading pair or liquidity pool, including Impermanent Loss. Before using any pool on the Oppy blockchain, you should review the relevant documentation to make sure you understand how the Services work, and the pool you use on Oppy works. Additionally, just as you can access email protocols, such as SMTP, through multiple email clients, you can access pools on Oppy through several web or mobile interfaces. You are responsible for doing your own diligence on those interfaces to understand the fees and risks they present.
- You may not use the Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with DEEP THOUGHT VENTURES 42 INC; or
- you are a person barred from receiving the Services under the laws of British Virgin Islands or other countries including the country in which you are resident or from which you use the Services.
- WE RESERVE THE RIGHT TO MODIFY THE SERVICES AT ANY TIME, BUT WE HAVE NO OBLIGATION TO UPDATE THE SERVICES. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO MONITOR CHANGES TO THE SERVICES THAT MAY AFFECT YOU. YOU AGREE THAT WE MAY REMOVE THE SERVICES AND/OR ANY CONTENT THEREON FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.
- Registration to use the Services
- In order to access the Services either as accredited investor or real world asset originator, you must first register for an account through the Website (the ‘Account‘).
- As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
- Email address
- Preferred username
- Real name
- Mailing address
- Telephone number
- Official identification documents and proof of address
- Tax identification numbers
- You warrant that any information you give to DEEP THOUGHT VENTURES 42 INC in the course of completing the registration process will always be accurate, correct and up to date.
- Your obligations as a User
- As a User, you agree to comply with the following:
- you will use the Services only for purposes that are permitted by:
- the Terms; and
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify DEEP THOUGHT VENTURES 42 INC of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of DEEP THOUGHT VENTURES 42 INC providing the Services;
- you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of DEEP THOUGHT VENTURES 42 INC;
- you will not use the Services or Website for any illegal and/or unauthorised use which includes:
- collecting email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website
- use any device, software, or routine that interferes with the proper working of the Website.
- introduce any viruses, malware, Trojan horses, worms, logic bombs, malicious code, or other material that is malicious or technologically harmful.
- attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website or Services, including any underlying blockchain.
- attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- otherwise attempt to interfere with the proper working of the Website or Services;
- you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by DEEP THOUGHT VENTURES 42 INC for any illegal or unauthorised use of the Website; and
- you acknowledge and agree that any automated use of the Website or its Services is prohibited.
- If the User utilizes a Web3 Utility that relies on a username, password, private key, or any other piece of information as part of its security procedures, the User must treat such information as confidential, and the User must not disclose that information to any other person or entity. The User also acknowledges that any identity linked to its Web3 Utility is personal to the User and agrees not to provide any other person with access to such identity while using this Website or portions of it using its Web3 Utility. The User also agrees to ensure that it will lock or otherwise prevent its Web3 Utility from unauthorized use on this Website at the end of each session. The User should use particular caution when accessing the Website from a public or shared computer so that others are not able to view or record the User’s password, private key, or other personal information.
- We have the right to disable any identity associated with a Web3 Utility (such as that represented by a public address) on the Website or to block any IP address from accessing the Website at any time in our sole discretion for any or no reason, including if, in our opinion, the User or that identity has violated any provision of these Terms.
- There are some fees when using the Services such as service fees, gas fees, bridges fees etc (“Services Fee”). DEEP THOUGHT VENTURES 42 INC does not charge any fees for the Services and Website. Service Fees are paid to the Joltify DAO community treasury, chain liquidity providers and validators. DEEP THOUGHT VENTURES 42 INC may participate as validator and liquidity provider to earn fees like all the other decentralized participants.
- You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your payment service provider or is unpaid by you for any other reason, then you are liable for any costs, including transaction fees and charges, associated with the Services Fee.
- You agree and acknowledge that Joltify DAO or OPPY DAO can vary the Services Fee at any time.
- Refund Policy
- Please note that Services Fee are non-refundable. DEEP THOUGHT VENTURE 42 INC does not receive any Services Fee for any transactions, the Services, or the Website.
- Copyright and Intellectual Property
- The Website, the Services and all of the related Products of DEEP THOUGHT VENTURES 42 INC are subject to copyright. The material on the Website is protected by copyright under the laws of British Virgin Islands and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by DEEP THOUGHT VENTURES 42 INC or its contributors.
- All trademarks, service marks and trade names are owned, registered and/or licensed by DEEP THOUGHT VENTURES 42 INC, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:
- use the Website pursuant to the Terms;
- copy and store the Website and the material contained in the Website in your device’s cache memory; and
- print pages from the Website for your own personal and non-commercial use.
DEEP THOUGHT VENTURES 42 INC does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by DEEP THOUGHT VENTURES 42 INC.
- DEEP THOUGHT VENTURES 42 INC retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
- You may not, without the prior written permission of DEEP THOUGHT VENTURES 42 INC and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
- General Disclaimer
- We may update the content on, design of, or functionalities and Services available through this Website from time to time without notice, but the Website is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
- Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- DEEP THOUGHT VENTURES 42 INC will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. Although DEEP THOUGHT VENTURES 42 INC developed much of the initial code for the Oppy protocol, it does not provide, own, or control the Oppy protocol, which is run by a decentralized validator set. Upgrades and modifications to the protocol are managed in a community-driven way by holders of the Oppy governance token.
No developer or entity involved in creating the Oppy protocol will be liable for any claims or damages whatsoever associated with your use, inability to use, or your interaction with other users of the Oppy protocol, including any direct, indirect, incidental, special, exemplary, punitive or consequential damages, or loss of profits, cryptocurrencies, tokens, or anything else of value.
None of the affiliates, directors, officers, employees, agents, contributors and licensors of DEEP THOUGHT VENTURES 42 INC make any express or implied representation or warranty about the Services or any Products or Services (including the Products or Services of DEEP THOUGHT VENTURES 42 INC) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related Products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Services or any of the products of DEEP THOUGHT VENTURES 42 INC; and
- the Services or operation in respect to links which are provided for your convenience.
- Nothing contained in this Website is to be construed as a solicitation or offer, or recommendation, to buy or sell any interest in any note or other security, or to engage in any other transaction, and the content herein does not constitute, and should not be considered to constitute, an offer of securities. No statement herein made constitutes an offer to sell or a solicitation of an offer to buy a note or other security. All information on this Website is provided and maintained by the issuers of the respective investment pools. The issuers have full responsibility. Please contact the respective issuer in case of any inquiries. We and our affiliates are not liable nor responsible for the information provided hereby.
Before investing in any of the investment pools, please check the issuer’s offering materials and subscription documents including the executive summary to understand the terms, conditions, and investment risks of each pool. The issuer provides investment risk factors which are important to understand when you consider whether to invest in a pool. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information or other content before making any decisions based on such information or other content.
The investment protocol is rewarding every investment daily in a form of cryptocurrencty, including stablecoins or JOLT token, the Joltify protocol’s native token. Note that these are rewards from the protocol for providing liquidity to the ecosystem independent from the pool, it’s issuers, their asset originators, or any of our entity. There is no guarantee that an investor will receive those rewards.
- Limitation of liability
- DEEP THOUGHT VENTURES 42 INC’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
- You expressly understand and agree that DEEP THOUGHT VENTURES 42 INC, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
- To the maximum extent permitted by law, the User agrees that the User will not be permitted to obtain an injunction or other equitable relief of any kind, such as any court action that may prevent the development or operation of the Website or Services.
- The provision of the Website or Services are not intended to create any fiduciary duties between us and the User or any third-party. To the fullest extent permissible by law, the User agrees that neither the User’s use of the Website or Services causes us or any party to owe fiduciary duties or liabilities to the User or any third party. Further, the User acknowledges and agrees to the fullest extent such duties or liabilities are afforded by law or by equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated, and that we and any other parties shall be held completely harmless in relation thereof. The User further agrees that the only duties and obligations that we or any party owes the User, and the only rights the User has related to this Terms or the User’s use of the Website or Services, are those set out expressly in this Terms.
- Termination of Contract
- The Terms will continue to apply until terminated by either you or by DEEP THOUGHT VENTURES 42 INC as set out below.
- You may terminate the Terms at any time by ceasing all access to the Website or the Services.
- DEEP THOUGHT VENTURES 42 INC may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- DEEP THOUGHT VENTURES 42 INC is required to do so by law;
- the provision of the Services to you by DEEP THOUGHT VENTURES 42 INC is, in the opinion of DEEP THOUGHT VENTURES 42 INC, no longer commercially viable.
- Subject to local applicable laws, DEEP THOUGHT VENTURES 42 INC reserves the right to discontinue access to the Website or Services at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts DEEP THOUGHT VENTURES 42 INC’s name or reputation or violates the rights of those of another party.
- You agree to indemnify DEEP THOUGHT VENTURES 42 INC, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
- any breach of the Terms.
- Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:
- Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the or his or her nominee;
- The User is liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The User must pay for costs associated with the mediation, including for DEEP THOUGHT VENTURES 42 INC;
- The mediation will be held in British Virgin Islands.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
- Termination of Mediation:
If 30 have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
- Venue and Jurisdiction
- The Services offered by DEEP THOUGHT VENTURES 42 INC is intended to be viewed by residents outside of countries where the Services are illegal, such as Crimea, Donetsk, or Luhansk regions of Ukraine or the nations of Iran, North Korea, Cuba, Syria, Sudan, or if the User is otherwise subject to economic sanctions or listed as a Specially Designated National by the United States Office of Foreign Asset Control (OFAC). In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of British Virgin Islands.
- Governing Law
- The Terms are governed by the laws of British Virgin Islands. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of British Virgin Islands, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
- Independent Legal Advice and Acknowledgement
- Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
- User acknowledges that Blockchains and smart contracts are still emerging technologies that carry a relatively high amount of foreseeable and unforeseeable risk from security, financial, technical, political, social, and personal safety standpoints. For example, User’s assets interacting with the Services may be vulnerable to hacking events. The mere access to and interaction with blockchains and smart contracts requires a high degree of skill and knowledge to operate with a relative degree of safety and proficiency. Crypto-assets are highly volatile in nature due to many diverse factors, including (without limitation) use and adoption, speculation, manipulation, technology, security, and legal and regulatory developments and application. Further, the speed and cost of transacting with cryptographic technologies (such as blockchains) is variable and highly volatile. Moreover, the transparent nature of many blockchains means that any interactions the User has with the Website may be publicly visible and readable in human form.
- By accessing and using the Website, the User acknowledges the foregoing and agrees and represents that it understands such and other risks involved with blockchains and the Website. The User further represents that it has all knowledge sufficient to work, and is informed of all foreseeable risks, and the possibility of unforeseeable risks, associated with blockchains, crypto-assets, Web3 Utilities, smart contracts, and the Website. The User further acknowledges that any crypto-assets the User places or uses within the Website may increase or decrease in value rapidly while they are involved with the Website, or be obtained by other parties or otherwise lost in ways the User may or may not currently foresee (possibly to the User’s severe harm or detriment). The User agrees that we are not responsible for any of these (or related) risks, do not own or control the Website, and cannot be held liable for any resulting harms, damages, or losses incurred by or against the User experiences while accessing or using the Website. Accordingly, the User acknowledges the foregoing, represents its understanding of the foregoing, and agrees to assume full responsibility for all the risks of accessing and using the Website and interacting with the Services, whether mentioned in this section or otherwise. The User further expressly waives and releases us from any and all liability, claims, causes of action, or damages arising from or in any way relating to the User’s use of the Website and Services. If the User is a California resident, the User waives the benefits and protections of California Civil Code § 1542, which states: “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
- Entire Agreement
- The Terms and any document incorporated by reference herein constitute the sole and entire agreement between the User and Us regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and Services.
- If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
- The Terms may be assigned without your prior consent to any DEEP THOUGHT VENTURES 42 INC associate, or to its successors in the interest of any business associated with the Services provided by us. You may not assign or transfer any rights or obligations under the Terms.
- Waiver of Injunctive or Other Equitable Relief.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF THE SERVICES, OR ANY OTHER WEBSITE, APPLICATION, CONTENT, SUBMISSION, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY ANY DEEP THOUGHT VENTURES 42 INC INDEMNIFIED PARTY.