Obvious Terms of Use

Introduction

  1. The terms of use (“Terms”) contained herein govern the use of services (“Services”) provided by all platforms affiliated with Obvious Technology (“Obvious”, “we”, “us”, “our”, “wallet”) operated by Hashhalli Inc, including but not limited to the Website [https://www.obvious.technology], the Applications [Obvious] on Apple App Store and Google Play Store, Twitter [@itsobvioustech] (collectively referred to as the “Platforms”), effective from 19 May 2022 (“Effective Date”)
  2. These terms are binding on the users of Obvious (“you”, “your”, “User(s)”) which includes any person or entity who accesses, registers, downloads, browses, or uses in any form, general or specific, the Services provided by Obvious, through its Platforms.
  3. The User acknowledges and agrees that the User has read the Terms carefully, understands its meaning and intent, and is aware and accepting of all the Terms contained herein and the Obvious Privacy Policy [https://obviousfinance.notion.site/Obvious-Privacy-Policy-a58766a59fbd42e590ca62debe7e28a1] before using the Platforms.
  4. If the User does not agree to the Terms or perform any/all obligations accepted under the Terms, then the User may not access or use the Services or the Platforms of Obvious.

1. DEFINITIONS AND INTERPRETATION

  1. “Action” means any claim, action, cause of action, demand, lawsuit, arbitration, inquiry, audit, examination, notice of violation, proceeding, litigation, citation, summons, subpoena, or investigation of any nature, civil, criminal, administrative, regulatory or otherwise, whether at law or in equity.
  2. “Affiliate(s)” means any person or entity directly or indirectly, employed or engaged on a contractual basis, or in any other similar way related to Obvious.
  3. “API” means application programming interface.
  4. "Applicable Law(s)" means any and all applicable substantive and procedural laws including but not limited to, the State of Delaware and other relevant laws applicable to the User(s).
  5. “Crypto Liquidity Sources” means the sources of crypto liquidity available with the User.
  6. “Cross-Chain Transactions” means transactions between two and/or more blockchains.
  7. “DApp(s)” means decentralized applications.
  8. “Digital Asset” shall include but are not limited to crypto assets, non-fungible tokens (“NFT(s)”), and/or other similar digital assets held or received by the User.
  9. “Gas Fee” is the pricing mechanism employed on a blockchain to compensate for the computing energy allocated to process a transaction or transfer of assets.
  10. “Private Key” means a unique key that allows users to sign transactions and to generate receiving addresses.
  11. “Obvious Account” means the login account of the User created with Obvious for the use of its Services.
  12. “Watchlist” means a functionality within the Obvious application that allows the User to add and follow any addresses that the User would want to observe or watch out for.

2. SCOPE

  1. Obvious Account is a non-custodial, multi-blockchain wallet allowing the User to curate wallets into packs, set up multiple packs, easily set boundaries between such wallets, and use them for specific purposes. Obvious acts as a bridge between different exchanges, wallets, and chains, providing the Users the ability to manage funds across different chains.
  2. Obvious aggregates all the Crypto Liquidity Sources of the User and allows the User to transact across all sources seamlessly by adding wallets or addresses. Obvious also allows the User to view holdings in various digital exchanges.
  3. Obvious provides the infrastructure for reliable Cross-Chain Transactions upon the specification and command of the User. Advanced options within Obvious also allow the User to specify the target from which, the User would like to receive the funds and override the chain selection if needed.
  4. Cross-Chain Transactions also enable the aggregation of opportunities from different chains as yield opportunities and the same may be availed by the User.

3. USER ELIGIBILITY

  1. The User accessing the Obvious Platforms hereby represents and warrants, that the User has completed the age of majority in their jurisdiction or eighteen (18) years of age and is competent to enter into the terms, conditions, and obligations set forth under these Terms.
  2. The User further represents and warrants, that if the User is between thirteen (13) and eighteen (18), the User’s parents or legal guardian has agreed upon these Terms on behalf of the User in writing. All risks related to the usage shall be assumed by the parent or legal guardian of such minor.
  3. The User accessing the Obvious Platforms hereby represents and warrants that the User is not currently the subject of or subject to any kind of economic sanctions, including but not limited to, the United Nations Security Council Sanctions List, the list of Specially Designated National and Blocked Person maintained by the United States Treasury Department’s Office of Foreign Assets Control (OFAC), The Denied Persons List maintained by United States Department of Commerce's Bureau of Industry and Security (BIS) or any similar list maintained by any other relevant sanctions authority.
  4. The User shall not be eligible for using the Services if the User is located in, or is a citizen or resident of any state, country, territory, or other jurisdiction where the use of the Services would be illegal or otherwise violate any applicable laws.
  5. The User shall be required to create an account to use the services provided by Obvious. The User shall not make any username that breaches the User Code of Conduct provided under clause 11 of these Terms, while choosing their username.

4. BASIC USE REQUIREMENTS

  1. The User shall require a compatible mobile phone, internet, or any other supported devices ("Devices") and enabling facilities that meet certain system and compatibility requirements, which may change from time to time, to use the Services.
  2. The User’s ability to use Obvious and the performance of Obvious Services may be affected by these factors. The User agrees that the User is solely responsible for such requirements, including any applicable charges, updates, fees, and all other terms provided under the User’s agreement with their Devices and/or telecommunications provider. Obvious shall not be responsible for any lapse of security or failed transactions due to internet issues or issues with the Device(s).

5. PAYMENTS AND FEES

  1. Obvious may charge a fee for the Services made available to the User. Obvious reserves the right to change the amount of such fee at any time at their sole and absolute discretion.

6. SHARING OF THE PERSONAL INFORMATION

  1. We do not share or sell the Personal Information that you provide us with other organisations without your express consent, except as described in this Privacy Policy.

7. TRANSACTIONS

  1. The User acknowledges that Digital Asset transactions are confirmed and recorded in the Digital Asset’s associated blockchain and such networks may be decentralized, peer-to-peer networks supported by independent third parties. Obvious does not own, control, or ensure the confirmation and processing of User details for the transaction submitted via Obvious.
  2. The User acknowledges and agrees that Obvious cannot cancel or otherwise modify User transactions. Obvious is not a custodian of any Digital Asset involved in any/all nature of transactions.
  3. Any transfer in relation to Digital Assets occurs on the relevant blockchain network and not on a network owned by Obvious, and therefore, a guarantee of transfer of title or right in any Digital Asset cannot be provided by Obvious.

8. TRANSACTION FEE

  1. There may be a requirement of a ‘transaction fee’ or Gas fees associated with Digital Asset transactions while engaging with third-party networks. The User must ensure that the User has an adequate amount of such fee, to complete transactions.
  2. The User acknowledges and agrees that Obvious shall not be liable for any losses or failed transactions incurred by the User due to inadequate Gas fees or translation fees required for the completion of such transactions.

9. UNAUTHORISED USE AND SECURITY

  1. Obvious shall not be liable for any breach in the security of the Wallet due to the User’s conduct.
  2. The User shall notify Obvious immediately of any unauthorized use of the Private Key or any breach of security of the Wallet.

10. PUSH NOTIFICATIONS

  1. The User may agree to receive push notifications from Obvious for alerts on transactions, Watchlist activity, or other similar updates on Obvious.

11. TRANSFERS OF PERSONAL DATA

Obligations and Prohibited Actions:
  1. The User shall not use any material that is false, offensive, harmful, obscene or pornographic, hateful, defamatory, libellous, derogatory, abusive, threatening, or in any other way illegal or infringing upon the legal rights of others, in violation of this clause.
  2. The User shall not impersonate any other natural or legal person, and use their identification or contact details, create accounts in their name, or falsely state or misrepresent any association or affiliation with such persons.
  3. The User shall not interfere with security-related features of the Platforms, including but not limited to
    i. disabling or circumventing features that prevent or limit use or copying of any content; or
    ii. reverse engineering or otherwise attempting to discover the source code of any portion of the Platforms except to the extent that the activity is expressly permitted by applicable law. Any attempt at such interference shall attract a ban from the Platforms.
  4. The User shall not collect, generate, or affect in any way usernames or email addresses using bots or any other methods or sell or transfer the User profile to any person or entity.
  5. The User shall not use or solicit another party to use Obvious or its Platforms, directly or indirectly, for any purpose which is prohibited by applicable laws, rules, regulations, or guidelines, and/or is in violation of this clause.

12. THIRD-PARTY SERVICES

  1. The User may interact with third parties in the form of, including but not limited to, third-party DApps, blockchain-based accounts, third-party decentralized exchanges, or any other similar manner. Obvious may also integrate third-party applications like Telegram or Discord and/or similar apps with their Platforms for User convenience.
  2. Obvious shall not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of third-party materials or websites.
  3. The use of third-party services is governed by their respective terms of service and not by these Terms. The User bears the sole and exclusive responsibility of accepting and complying with their respective terms of service, fees, and charges.
  4. Obvious does not warrant, endorse, or assume any responsibility for third-party materials and shall not have any liability to the User or any other person for any third-party services, websites, or other materials or products.
  5. The User may incur charges or fees from third parties for the use of third-party services. Obvious receives no part of such charges and shall under no circumstances incur any liability arising out of or relating to such third-party charges.

13. TAXES

  1. Users shall be responsible, as required under Applicable Law for identifying and paying all taxes and other governmental fees, penalties, interest, and/or any other similar charges that are imposed on the User or with respect to the transactions and payments under these Terms.

14. ASSUMPTION OF RISK

Under the CCPA, you may have the following consumer rights. Please note that these rights are not absolute and in certain cases are subject to conditions or limitations as specified in theCCPA:
  1. The User shall assume the risks associated with transactions that rely on smart contracts and other such experimental technologies.
  2. Such transactions rely on technology that includes but is not restricted to blockchains, cryptographic tokens generated by smart contracts, and other nascent software, applications, and systems that interact with blockchain-based networks. These technologies are experimental, speculative, inherently risky, and subject to change. The User is solely liable for undertaking such risk.
  3. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially and adversely affect the development of Obvious. The User shall assume the risks associated with such regulatory changes.
  4. Obvious services may be subject to technological interferences due to third-party actions which, include but are not limited to, downtime on any third-party platform accessed by the User via Obvious, or its Platforms; network uptime; and network interference.

15. INDEMNIFICATION

  1. The User agrees to indemnify Obvious and all its Affiliates from any claim or demand made by any/all third parties, arising out of -
    User’s breach of the Terms;
    i. Misuse of any service provided by Obvious, its smart contracts, and/or Platforms;
    ii. Misuse of any service provided by Obvious, its smart contracts, and/or Platforms;
    iii. Violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities;
    iv. Violation of any rights of third parties, including but not limited to intellectual property, confidentiality, privacy, and/or publicity;
    v. Any misrepresentation of fraud on the part of the User.
  2. Obvious reserves the right to assume, at the User’s expense, the exclusive defence in any matter subject to this clause and indemnification by the User.
  3. The User agrees to cooperate with Obvious’s defense of any claim under this clause and the User shall not, in any event, settle any claim, without the prior written consent of Obvious.

16. TERM AND TERMINATION

  1. The Terms are effective from the Effective Date and shall remain in force until terminated under this clause.
  2. Obvious reserves the right to terminate the User from using its Platforms without prior notice or liability, if the User is found to be in breach of the User Code of Conduct and/or these Terms.
  3. In the event of such termination, Obvious shall not liable for any loss of information, damage, or any other loss of similar nature.
  4. The User may request termination of their account by contacting Obvious. Upon completion of such request, the User’s right to use the Platforms ceases.
  5. Obvious reserves the right to discontinue or terminate Obvious for all Users without placing any liability on the User. In the event of such termination, not resulting out of a violation by the User, Obvious may notify the Users regarding the same.

17. LIMITATION OF LIABILITY

  1. Obvious or its Affiliated Parties shall not be liable under any circumstances for any lost profits or any special, incidental, indirect, or consequential damages, whether based on contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with these Terms or otherwise even if an authorized representative of Obvious has been advised or should have known of the possibility of such damages.
  2. The User understands and agrees that, to the fullest extent permitted by applicable law, neither Obvious, its Affiliates nor any related entities, suppliers, or licensors shall be liable to the User for any direct, indirect, incidental, special, punitive, exemplary or other damages of any kind, including but without limitation to damages for loss of profits, goodwill, or other tangible or intangible losses or any other damages. This includes but is not limited to:
    i. any damage, resulting from the Platforms;
    ii. conduct of any third party on the Platform;
    iii. any actions taken by Obvious or failure thereof;
    iv. human errors or technical malfunctions;
    v. any loss, damage, or injury, direct or indirect arising out of forgotten passwords, incorrectly constructed smart contracts, server failure, malfunction, misuse of service, or intangible losses;
    vi. inability to fully access the Platforms;
    vii. the introduction of viruses, worms, or other destructive programs or any other commercial or economic losses;
    viii. any decision made or action taken by any party in reliance on Obvious’s data that is processed late or incorrectly or is incomplete or lost.

18. DISCLAIMERS

  1. OBVIOUS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OBVIOUS AND/OR ITS SUBSIDIARIES, AFFILIATES, RELATED ENTITIES, AGENTS, REPRESENTATIVES, PARTNERS, LICENSORS, OR ANY SUCH RELATED PARTY TO OBVIOUS (COLLECTIVELY, “INDEMNIFIED PARTIES”) MAKE NO GUARANTEES OF ANY KIND IN CONNECTION WITH THE SERVICES PROVIDED BY OBVIOUS.
  2. OBVIOUS AND ALL INDEMNIFIED PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO ANY/ALL MATERIAL, CONTENT, OR SERVICES MADE AVAILABLE BY OBVIOUS, OR THE PLATFORMS OF OBVIOUS, INCLUDING BUT NOT LIMITED TO (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
  3. OBVIOUS DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT THOSE ISSUES WILL BE CORRECTED. THE USER SHALL ASSUME ALL RISK FOR ANY AND/ALL DAMAGES THAT MAY RESULT FROM THE USE OR ACCESS BY THE USER TO OBVIOUS OR ANY OTHER THIRD PARTY ON OBVIOUS PLATFORMS.
  4. THE USER UNDERSTANDS AND AGREES THAT THE USER IS SOLELY RESPONSIBLE FOR ANY PROPERTY DAMAGE (INCLUDING BUT NOT RESTRICTED TO THE USER’S COMPUTER SYSTEM, MOBILE DEVICE, AND/OR ANY OTHER DEVICE USED TO ACCESS OBVIOUS OR ITS PLATFORMS), OR LOSS OF DATA OR ANY KIND OF PECUNIARY LOSS. THESE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

19. FORCE MAJEURE

  1. Obvious shall not be liable for compensating inadequate performance of any obligations set forth in these Terms, caused due to force majeure circumstances.
  2. Force majeure circumstances include but are not limited to, acts of God, natural or industrial disasters, acts of terrorism, power supply failures, civil disorders, military operations, equipment shutdowns, and/or other similar situations that cannot be reasonably foreseen or prevented.

20. INTELLECTUAL PROPERTY

  1. Obvious retains all right, title, and interest in all of Obvious’s intellectual property and all content, including but not limited to, inventions, ideas, concepts, domains, logos, trade dress, source code, discoveries, processes, marks, smart contracts, applications, methods, software, information and data, and/or any other intellectual property rights associated with the Platforms of Obvious, whether or not patentable, copyrightable or protectable in trademark.
  2. Obvious does not claim any right over the marks and/or intellectual properties associated with any third parties on the Platforms and shall not attract any liability in any/all disputes arising from any use, abuse, or infringement of such marks.
  3. The User acknowledges and warrants that the User owns all the right, title, and interest, including all intellectual property rights, to the content associated with the NFTs, stored on Obvious, or the User is legally authorized by the owner of the intellectual property of the NFTs to store such NFTs on Obvious. Obvious does not monitor such stored NFTs and shall not be liable for any disputes or issues arising out of such disputable holdings and the User releases Obvious from any claims, demands, or damages arising out of or related to such disputes.
  4. Obvious welcomes feedback, comments, ideas, and/or suggestions (“Feedback”) for improvement of the Platforms, and such Feedback may be communicated to Obvious directly. Obvious shall have an exclusive, perpetual, irrevocable, royalty-free, sub-licensable, and transferable license to use, copy, modify, create derivative works based upon or improvements with respect to such Feedback and otherwise exploit and commercialize the Feedback and any such derivative works and improvements in any manner and for any purpose. Obvious shall not owe compensation of any nature to the User for such Feedback.

21. GOVERNING LAW

  1. Use of Obvious and these Terms shall be governed by and construed in accordance with the substantive laws of the State of Delaware, United States, without regard to conflict of law principles.
  2. If a lawsuit, court proceeding, or any similar Action is permitted under these Terms, the Users and Obvious agree to submit to the personal and exclusive jurisdiction of the state courts of Delaware for the purpose of litigating any dispute.
  3. However, Obvious retains the right to bring any appropriate Action or proceeding against the User, in the User’s country of residence or any other relevant country. The User acknowledges and agrees to waive any and all objections to the exercise of jurisdiction over the User by such courts and to the venue in such courts.

22. DISPUTE RESOLUTION AND CLASS ACTION WAIVER

  1. The User may raise their dissatisfaction or complaints with the services provided by Obvious and its Platforms or seek dispute resolution, via correspondence with Obvious. Disputes raised shall be resolved by means of correspondence and negotiation between affected parties.
  2. The User waives off any/all right of class action lawsuit, class-wide arbitration, and/or in any other proceeding in which either party acts or proposes to act in a representative capacity shall only bring claims in an individual capacity.
  3. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration and/or proceeding.
  4. Waiver of any/or all parts of the Terms shall be deemed a continuing or further waiver of any such part or any other part of the Terms, and the User’s failure to assert any rights or part of these Terms shall be deemed or otherwise constitute a waiver of such right or part.
  5. Any cause arising out of these Terms shall commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

23. RELEASE

  1. To the fullest extent permitted by applicable law, the User releases Obvious and its affiliates from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.
  2. The User expressly waives any rights that the User may have under any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims that the User may know or suspect to exist in their favour at the time of agreeing to this release.

24. MISCELLANEOUS

  1. Entire agreement -
    ‍    These terms contain all the terms applicable to the User, and supersede all other previous undocumented communication and representation and agreements.
  2. Severability -
    ‍    If any clause here is declared unenforceable or invalid by law, then only such clause or part thereof shall be struck, and all the remaining provisions shall remain in full force and effect.
  3. Assignment -
    ‍    Obvious may assign these Terms at any time to any entity without notice or consent to the Users.
  4. Rights Reserved -
    ‍    Obvious reserves the right to modify, update and/or change the Terms contained herein from time to time. Such changes shall be reflected in the Terms and Conditions of Obvious and continuing usage shall imply acceptance of the new Terms.
  5. CONTACT INFORMATION -
    If you have any questions about these Terms, feel free to write or contact us at  feedback@obvious.technology