Last revised: May 08, 2024
Users of this Platform and holders of Orox Accounts, including owners, employees, agents and affiliates of any business, corporation, partnership or other entity that is a user, borrower or investor (“you” or a “Member”) and Orox Lab Limited, a company registered in the British Virgin Islands, and its subsidiaries, affiliates and, transferees, successors, and their officers, directors, employees, and agents, including orox.app (“Company”,“Orox”, or “we”), may be collectively referred to in the Terms as the “Parties”.
The following Terms of Service (the “Terms”, as amended, supplemented or modified from time to time) govern access to and use of orox.app and the Orox mobile apps in the version of Android and iOS (collectively, the “Orox Platform”). All use and access of the services (the “Services'') made available by the Orox Platform including your user account accessed via the Orox Platform (your “Orox Account”) is subject to the Terms.
By applying for your Orox Account or accessing and using the Orox Platform, you acknowledge and accept that you have read, understood and agree to be bound by, and comply with, the Terms, and the personal data and privacy policies adopted by us from time to time which is available on the Orox Platform at https://orox.app/legal-privacy (the “Privacy Policy”). The Privacy Policy in its entirety is hereby incorporated in the Terms by reference. Additionally, when using certain Services or subscribing for certain products (the “Products”) on the Orox Platform, you may be subject to additional terms and conditions applicable to such Services or Products. If you do not agree with anything contained in the Terms, please do not submit information to, access information from, or otherwise utilize your Orox Account or the Platform.
All rights in the Orox Platform not otherwise expressly granted to you herein are reserved to Orox. The failure of Orox to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, void, unlawful or unenforceable, the Parties agree that the court should give effect to the Parties’ intentions as reflected in such provision, and the other provisions of the Terms shall remain in full force and effect. The section titles in the Terms are for convenience only and have no legal or contractual effect. Neither the course of conduct between you and Orox, nor trade practice, shall act to modify any provision of the Terms. For purposes of the Terms, the terms include, includes, including, such as and for example, shall be construed as if each term were followed by the words, without limitation. Except where context requires otherwise, use of the singular form of any noun includes the plural, and use of the plural includes the singular.
You may not have access to certain functions on the Orox Platform (i) if you are a resident of any jurisdiction in which Orox is not authorized to provide one or more of its Services to you, or (ii) where your use of one or more of the Services would be illegal or otherwise violate any applicable law.
Orox’s products and services are currently unavailable to residents in the following countries (each a “Restricted Jurisdiction”) due to local and international regulations and financial sanctions: Afghanistan, Albania, Barbados, Burkina Faso, Burundi, Cambodia, Cayman Islands, Central African Republic, Crimea, Cuba, Democratic People's Republic of Korea, Democratic Republic of Congo, Guinea-Bissau, Haiti, Iran, Iraq, Jamaica, Jordan, Lebanon, Libya, Mali, Malta, Morocco, Myanmar, Nicaragua, Pakistan, Panama, Philippines, Russia, Senegal, Somalia, South Sudan, Sudan, Syria, Turkey, Uganda, United States, Venezuela, Yemen.
You hereby represent and warrant that you are not a resident of any of the Restricted Jurisdictions.
You shall not register a Orox Account or use the Orox Platform if you are a resident of any of the above jurisdictions. We may implement controls to restrict access to the Orox Platform from any of the above Restricted Jurisdictions. The list of restricted jurisdiction is subject to change without notice.
In order to use the Service, you will need to register for an Account on the Orox Platform. Orox may require you to provide information satisfactory to Orox and relevant third parties that you are not in breach of or at risk of being in breach of AML Laws, Anti-Bribery Laws, Sanctions Laws, CTF Laws, and other applicable laws. Each registration only permits a single individual user’s registration, and subject to the discretion and operational requirements of Orox, each User (including with respect to any User that is a business or legal entity) may only maintain one active Account with Orox, which shall not be transferable to any other party. During the registration process, you may need to submit necessary and valid information and documents in order to verify your legal identity and for knowyour-client checks to prevent fraud, money laundering and financing of terrorism, fraud or any other financial crime (“KYC Process”). Orox may engage the assistance of third-party service providers for the KYC Process and you hereby irrevocably grant Orox the right to share such information with the third-party service providers concerned.
You hereby represent and warrant that information you provide is accurate, complete and current, and agree to promptly update the information to keep it accurate, complete and current at all times. You understand that a change in your state or country of residence may impact your eligibility to access and use the Orox Platform, and agree to notify us in advance of any change in your state or country of residence. If you register on behalf of a business entity or other organization, you represent and warrant that you have full authority to provide the information required and bind the organization to the Terms. You acknowledge and agree that we, at our sole discretion, may suspend or discontinue your, and refuse any and all current and future, access to or use of your Orox Account at any time without notice to you.
We may freeze, suspend or terminate your Orox Account at any time in our sole discretion, in addition to taking any action and seeking any remedy we may be entitled to in law or in equity, including if we suspect your involvement in any fraudulent activity of any kind or other misuse of the Services, provision by you of inaccurate or misleading information, or your involvement in any money laundering or other financial crime related to you or your Orox Account.
We will collect, use and disclose the information in accordance with the Privacy Policy. If there is any reasonable doubt that the information provided by you is in part or in whole wrong, untruthful, outdated or incomplete, or the provision of the information was by illegal or unlawful means (including using a name/identification or information which is not yours), we have the right to send you a notice to demand a correction or removal of relevant information and terminate all or part of the Services to you. Your failure to correct, remove or deal with the information in accordance with our notice of demand will automatically terminate your rights to bring any claim with respect to the Services and the Orox Platform.
Your Virtual Assets are held by Orox in custodial wallets. During the custody of your Virtual Assets by Orox, while the ownership of your Virtual Asset shall be solely vested in you, you do not hold the private keys to those wallets and are not the direct holder of the crypto assets in those wallets. Although Orox maintains segregated books for Users and their accounts, Orox shall have no obligation to segregate such Virtual Assets using different blockchain addresses.
The Services provided through Orox Platform are currently not regulated by any banking or securities regulator in any jurisdiction. Virtual Assets held in an account with Orox are not protected by any depositor or investor protection insurance scheme. Virtual Assets do not have legal tender status in virtually any jurisdiction.
All rights, title and interest in and to the Orox Platform and all contents provided or made available by Orox thereon (the “Content”) and any and all intellectual property contained therein or relating thereto, including without limitation any copyright, patent or trademark (the “Intellectual Property”), are and will remain the exclusive property of Orox or its licensors, as applicable. Subject to the Terms, we grant you a limited, non-transferable, non-sublicensable, non-exclusive and revocable license to use the Orox Platform and the Content for personal use until such time as the Terms terminate or expire, or your right to use or access the Orox Platform is terminated in accordance with the Terms.
Any violation of the Terms regarding the Intellectual Property may subject you to compensatory and punitive damages, and shall specifically also entitle Orox to equitable remedies, including injunctive relief, in addition to (and not in substitution or replacement for) any other available remedies at law or in equity.
A Orox Account shall only be used by the person who registered the account. If you suspect or have discovered unauthorized use of a Orox Account and password, you should immediately notify us, and we may immediately take measures including suspension of account use.
We disclaim all liability for any loss or damage arising from your or a third party’s use of your Orox Account, whether or not it has been approved by you. We reserve the right to suspend, freeze or cancel the use of a Orox Account by anyone other than the account registrant.
Any actual or suspected unauthorized access or unauthorized activity may be treated by us as potentially fraudulent activity. You agree to notify us immediately if you become aware of or suspect any such potentially fraudulent activity by submitting a written notice through email to info@orox.app. Upon receipt of such written notice, we will take reasonable steps to protect your Orox Account.
You agree to indemnify and hold Orox and its affiliates, agents, officers and employees from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees and expenses and any amount paid in settlement to a third party, made by or resulting from any third party (including any government agency or body) due to, in connection with, or arising out of, the following without limitation (i) your use of the Orox Platform, the Content, the Intellectual Property or your Orox Account, (ii) any breach or alleged or claimed breach of the Terms or the materials it incorporates by reference, including the Privacy Policy and the Community Guidelines, (iii) your violation of any law, regulation, order or other legal mandate, or the rights of a third party, (iv) Your Content, or (v) any act or omission by your agent, representative or third-party service provider while using your Orox Account, regardless of whether the specific use was expressly authorized by you.
Orox is not liable for any loss arising from any malfunction, defect or error in any terminal used to process any instructions from you, or other machines or systems of authorization whether belonging to or operated by other persons or us, any inaccuracy, defect or omission of any pricing information relating to Virtual Assets, or any interruption in any such information or any error or delay in the transmission of such information, any delay or inability on our part to perform any of our obligations under the Terms because of any Force Majeure, any underperformance, negligence or default of any third party that Orox may engage in providing the Services and the Products, directly or indirectly, fraud or forgery of any third party, business interruption, loss of revenue or profits, loss of business opportunity, customers or contracts, goodwill, opportunity or anticipated savings whether direct or indirect, any direct or consequential loss, for any loss due to inability to retrieve any data or information. “Force majeure” means any unforeseeable circumstance which is beyond the control of Orox, or any unavoidable event, even if foreseeable, as a result of which Orox is unable to perform its obligations, in whole or in part, under the Terms. Such circumstances include, but are not limited to, any strike, factory closure, explosion, maritime peril, natural disaster, act by a public enemy, fire, flood, accident, war, riot, insurgence or any other similar event.
Orox shall not be liable for the suspension of the Services or the failure to use the Services for reasons attributable to you, and shall be exempted from liability if the telecommunications service provider terminates the telecommunication service or fails to provide the service normally.
Orox is not responsible for any unavoidable obstacles or service limitations arising due to the characteristics of Virtual Assets including technical limitations or defects inherent to the blockchain network of Virtual Asset issuance management system. The Content provided by Orox or other information providers in the Service or by your email does not suggest or imply any investment. The information posted and transmitted may have errors and other inaccuracies, and we are not responsible for the reliability, accuracy, etc. thereof. Orox shall not be held liable for any transactions or other dealings between you or between you and a third party by means of the Service.
Orox and its affiliates, agents, officers and employees will not be liable for any liability whether in contract, tort, negligence, strict liability, warranty or otherwise for any indirect, consequential, exemplary, incidental, punitive or special damages or loss of profits.
The total liability of Orox for any claim arising out of or in connection with the Terms, regardless of the form of action, is limited to the total amount of Virtual Asset, if any, deposited by you to access, use or otherwise utilize the Orox Platform and shall not in any case be greater than the actual damages incurred due to Orox’s wilful misconduct.
Notwithstanding anything in these Terms to the contrary, the obligations and liabilities of Orox will be without recourse to any other subsidiary or affiliate of Orox, or their respective officers, employees, directors, contractors, agents or representatives, and you agree not to make any claims against any other subsidiary or affiliate of Orox, or their respective officers, employees, directors, contractors, agents or representatives.
If Orox incurs loss due to your violation of the Terms, or your use of the Service, you shall compensate us for such damages. You shall indemnify Orox at your own responsibility and expense, from and against any objections, claims for damages or legal actions by third parties based on a claim arising from or relating to acts performed by you while using the Service illegally or in violation of these Terms. You are responsible for reimbursing any damage to Orox caused thereby.
Without prejudice to other rights of Orox under the Terms, if you breach the Terms in any way, Orox may take such action as it deems appropriate to deal with the breach, including suspending your access to the Orox Platform, prohibiting you from accessing the Orox Platform, blocking computers using your IP address from accessing the Orox Platform, contacting your internet service or other telecommunications provider to request that it block your access to the Orox Platform and bringing court proceedings or taking other legal action against you. If you violate the Terms, Orox will be entitled, at any time, to bring an action or proceeding for specific performance, injunctive relief or other equitable relief in addition to (and not to the exclusion of or in substitution for) any other remedies at law or in equity.
You agree and understand that Orox does not permit the use of the Orox Platform for any prohibited or restricted activity in a Orox Account including but not limited to transfers to and/or from services used to obscure the source of funds, third party wallets, peer-to-peer and other exchanges which do not perform Know Your Customer (KYC) screening as part of their onboarding process, or illegal activity that would violate, assist in violation of, or cause Orox to violate any applicable laws or which would involve process of any unlawful activity.
Orox has the right to immediately freeze and suspend your account, return funds and close accounts, if we suspect, in our sole discretion, without prior notice to you or your consent, that: (i) you are under the age of 18; (ii) your account has been stolen or that someone other than you has logged in or used the Service; (iii) your account is, or is suspected of, being provided as a loan, transfer or collateral; (iv) you have used someone else’s personal information during identity verification; or (v) you are an entity registered on a list of trade ban or economic sanctions; or if an investigative agency requests assistance in a criminal investigation, a court order has been issued, a government agency requests an investigation, or we suspect illegal use.
Orox also has the right to prohibit, restrict or limit your use of the Orox Platform if it is suspected that you are: selling, sublicensing and/or otherwise commercializing any material on Orox Platform, using the Orox Platform in any way that is, or may be, damaging to the Orox Platform, and/or impacts user access to the Orox Platform, using the Orox Platform contrary to applicable laws and regulations, or in a way that causes harm to the Orox Platform or to any person or business entity, engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Orox Platform or while using the Orox Platform.
If you are not in full compliance with all of the Terms, the permissions granted to you under the Terms will automatically terminate, and you will no longer use or access, or be entitled to use or access, the Orox Platform, the Content or Orox Account.
Orox may terminate your right to use the Orox Platform, or block you from future use, at any time in its sole discretion, with or without cause, and without prior notice to you. Some circumstances in which Orox may exercise this right to terminate your right to use the Orox Platform include, but are not limited to: (i) you have breached any provision of the Terms; (ii) you have engaged in conduct which Orox, in its sole discretion, considers to be unacceptable; (iii) Orox is required by law to do so; or (iv) Orox no longer provides the Orox Platform.
Any ongoing obligations on you according to the Terms which are to survive, will survive any termination or expiration of the Terms for any reason.
Orox Platform and any information or materials provided by Orox are provided on an “as is” and “as available” basis, and Orox makes no express or implied representations or warranties, of any kind related to the Orox Platform or the information or materials contained in the Orox Platform. For clarity and without limiting the foregoing, you acknowledge that (i) Orox does not represent or warrant that the Orox Platform or any information or materials provided or made available by Orox are accurate, complete, reliable, current, error-free, or free of viruses, other harmful components, or any other defects; and (ii) you use the Orox Platform or any information or materials contained in the Orox Platform at your sole risk. Nothing contained in the Orox Platform shall be construed as providing consultation or advice to you.
You acknowledge and agree that you may not assign, delegate, subcontract or otherwise transfer your rights and obligations under the Terms. Orox may assign, delegate, subcontract or otherwise transfer its rights and obligations under the Terms without giving you prior notice or obtaining your consent.
If any provision of the Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render the Terms unenforceable or invalid as a whole, and such provision shall be deleted without affecting or invalidating the remaining provisions.
We reserve the right to amend, modify or make changes to the Terms (collectively, “modifications”) at any time without limitation, liability or notice. It is your responsibility to review the Terms from time to time to see if modifications have been made. Your continued use of the Orox Platform after any modification of the Terms will conclusively indicate that you accept such modifications.
We may be required to provide certain legal and regulatory disclosures, periodic statements and confirmations, notices, tax forms and other communications (collectively, “Communications”) to you. Unless otherwise specified in the Terms, the Communications delivered to you shall be in electronic form, including, without limitation, via the email you entered at the time of registration, the Orox Platform, by notification messages or otherwise, and similar means. By agreeing to the Terms, you consent to Orox delivering such Communications to you in electronic form, including e-mail. Consent for electronic delivery applies to every year the Communications are furnished.
By accessing or using the Orox Platform, you consent to the potential processing, transfer and storage of information about you in other jurisdictions, where you may not have the same rights and protections as you do under local law.
You agree not to: (i) make any representations, warranties or guarantees on Orox’s behalf or with respect to the Orox Platform or any content or data contained on the Orox Platform; (ii) make any false or misleading representations with regard to Orox or the Orox Platform or any content or data contained on the Orox Platform; or (iii) participate or engage in any illegal, deceptive, misleading, fraudulent, unethical or improper practices on, through, by means of or with respect to the Orox Platform.
The Orox Platform may contain links or connections to third party websites or services. Any such link or connection is provided only as a convenience and should be used at your own risk. Orox has no control over any such other websites or services, the contents thereof or the products, services or policies represented (and the availability thereof). The existence of any link or other connection does not imply any affiliation, sponsorship, endorsement, approval, investigation, representation, warranty, verification or monitoring by Orox or create any liability on the part of Orox in respect of such link or connection. Your use of any such third-party websites or services is governed by the terms of service and privacy policies of those sites, which we encourage you to review before using such sites.
Orox will have no responsibility for any liabilities arising from or related to the contents of any thirdparty website or service, the use or unavailability of any such website or service (including any mobile website) or the privacy policies and customer information practices of any such website or service.
The Orox Platform may provide links or connections to third-party on-ramp services through which you can purchase Virtual Assets with fiat currencies. Without limiting the generality of the foregoing paragraphs or anything else in the Terms, you hereby acknowledge and agree that such links or connections to third-party on-ramp services are provided to you only as a convenience and we are not responsible for any of the products, services, or other materials on those services, nor does any of the links or connections provided represent or imply an affiliation, approval, endorsement, investigation, monitoring, solicitation, sponsorship, verification, or warranty of any products or services provided on or via those services. You further acknowledge and agree that we will not be liable for any loss or damage caused in connection with the use of or reliance on the third-party onramp services, or the unavailability thereof. The third-party on-ramp services are governed by the terms of service and privacy policies of those services, and you should use them at your own risk and discretion.
Orox does not own or control any of the underlying software through which blockchain networks are formed and cryptocurrencies are created and transacted. In general, the underlying software for blockchain networks tends to be open source such that anyone can use, copy, modify and distribute it. By using the Orox Platform, you understand and acknowledge that Orox is not responsible for the operation of the underlying software and networks that support cryptocurrencies and that Orox makes no guarantee of functionality, security or availability of such software and networks.
Forked Networks and the available supply of any Forked Assets are wholly outside of the control of Orox, and our ability to deliver Forked Assets resulting from a Forked Network may depend on third parties outside of Orox’s control. You understand and acknowledge that Forks may materially affect the value, function, and even the name of the Virtual Assets associated with your Orox Account. In the event of a Fork, Orox may temporarily suspend certain services on the Orox Platform (with or without advance notice to you) while we determine, at our sole discretion, which Forked Network(s) to support.
Orox is unlikely to support most forked networks and most forked assets will likely not be made available to you. Orox may determine, in our sole discretion, not to support a forked network. You have no right, claim, or other privilege against Orox to forked assets on such an unsupported forked network. Orox may, in our sole discretion, determine our approach to such forked assets, which may include abandoning or otherwise electing not to support such forked assets as part of our services.
Except as otherwise expressly noted, the Content and the Orox Platform do not constitute an offer to buy or sell or a solicitation of an offer to buy or sell investments, loans, securities, partnership interests, commodities or any other financial instruments; the Content and the Orox Platform also do not constitute, and may not be used for or in connection with, an offer or solicitation by anyone in any state or jurisdiction in which such an offer or solicitation is not authorized or permitted, or to any person to whom it is unlawful to make such offer or solicitation.
The past performance of any investment, loan, security, partnership interest, commodity or financial instrument is not a guide to future performance. Without limiting anything in the Terms, Orox makes no warranties and bears no liability with respect to any fund, any investments, securities, partnership interests, loans or the performance thereof.
While Orox may make certain informational Content available to its users, under no circumstances does Orox provide legal, tax, investment, financial, estate-planning, accounting or any other advice. Orox may use automated systems in conjunction with: the receipt and handling of orders; the reporting of order acknowledgements, cancellations and executions; the settlement of transactions; tax and cost basis reporting; and similar recordkeeping and reporting services (collectively, “Automated Systems”). The use of Automated Systems entails risks, including but not limited to interruption of service, systems of communications failures, delays in service, cyberattacks and errors in the design or functionality of such Automated Systems that could cause damage, expense or liability to the user. Orox makes no representations or warranty of any kind, express or implied, with respect to the selection, design, security, functionality or operation of such Automated Systems. Orox expressly disclaims any representation that any Automated System will operate uninterrupted or be error-free.
Although Orox may provide information relating to investment approaches and opportunities to buy or sell assets, you should not construe any features, tools or other content as legal, tax, investment, financial or other advice. Nothing contained in the Orox Platform constitutes a solicitation, recommendation, endorsement or offer by Orox or a third party service provider to buy or sell any asset or other financial instrument.
The Content and the views expressed in the Content do not necessarily reflect the views of Orox as a whole, its directors, officers, employees, shareholders or any part or member thereof or of any third party.
Certain statements on the Orox Platform, including within the Content, may constitute forwardlooking statements that involve known and unknown risks, uncertainties and other factors that may cause actual returns of funds, investments, securities or loans to be materially different from any future returns or values expressed or implied by such forward-looking statements. Forward-looking statements typically include words such as may, will, expect, believe, plan, expect, anticipate, intend and other similar terminology. These statements reflect current expectations regarding future events and speak only as of the date of being posted to the Orox Platform. Forward-looking statements involve significant risks and uncertainties, should not be read as guarantees of future performance or returns, and will not necessarily be accurate indications of whether or not such returns will be achieved. Given these uncertainties and risks, users of the Orox Platform, including any person who may or has invested in any offering made by or on behalf of Orox or its subsidiaries or affiliates, are cautioned not to place undue reliance on such forward-looking statements. Forward-looking statements should not be interpreted as advice and are in no way a form of solicitation, offering or advice for Orox’s loan product. The purpose of these forward-looking statements is merely to further explain our products and services and for marketing purposes and should be interpreted as purely speculative.
A variety of factors could cause the actual results and developments of any fund, investment, security or loan to differ significantly from the results and developments forecasted and implied. Although forward-looking statements contained in the Orox Platform, if any, are based upon what Orox and its advisors believe are reasonable assumptions, Orox cannot assure you that actual results, returns or events will be consistent with these forward-looking statements. Forward-looking statements are made as of the date of being posted to the Orox Platform, and Orox and its subsidiaries and affiliates assume no obligation, and expressly disclaim any obligation, to update or revise forward-looking statements contained in or incorporated by reference into the Orox Platform or the Content or any information supplemental thereto to reflect new information, future events or circumstances or otherwise.
The Terms, including the Privacy Policy, any notices and disclaimers contained on the Orox Platform, comprise the entire understanding and agreement between you and Orox as to the subject matter hereof, and supersede any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of the Terms).
The Terms are governed and construed exclusively by the law of the British Virgin islands without giving effect to any rules, principles or laws of the conflicts of law.
