Preamble

The Company (hereinafter referred to as "Otomato"), company headquartered in the British Virgin Islands, has developed a Platform that provides Users with a portfolio-aware DeFi monitoring assistant that detects on-chain positions and delivers actionable alerts.

These Terms and Conditions aim to establish the conditions for accessing and using the Services provided by Otomato, as well as the responsibilities of the Parties regarding such use.

Definitions

The terms below shall have the following meanings between the Parties:

"API (Application Programming Interface)": Refers to a programming interface written in code, containing a set of functions or protocols that allow data exchange between applications over a local network or the Internet, along with associated documentation.

"Blockchain": Refers to a decentralized computer network based on distributed ledger technology, which immutably records all activities performed on it. This network enables the creation, deployment, and public consultation of smart contracts, accessible and verifiable by all users, without the possibility of retroactive modification.

"Terms and Conditions": Refers to these general terms and conditions of use and sale of the Services.

"Crypto-Asset" or "Assets": Refers to all digital assets transferable using Blockchain technology.

"User Interface" (UI): Refers to the interface provided to the User to access Platform functionalities and interact with Blockchain technologies via a Wallet.

"Party/Parties": Refers to Otomato or the User individually and Otomato and the User collectively.

"Platform": Refers to the Otomato platform accessible via https://otomato.xyz, whose features are described in these Terms and Conditions.

"Services": Refers to the services available through the Platform for which the User has been granted a usage right.

"User(s)": Refers to natural persons authorized to access the Platform and Services.

"Wallet": Refers to a blockchain address used to hold and manage Crypto-Assets. In the context of these Services, the User provides their Wallet address for read-only monitoring purposes. Otomato does not require wallet connection, signatures, or access to private keys.

Purpose

These Terms and Conditions define the conditions for accessing and using the Services offered by Otomato.

Acceptance and Enforceability of the Terms and Conditions

Acceptance

The User may use the Services only after prior acceptance of these Terms and Conditions.

Acceptance of these Terms and Conditions is formalized by checking a box labeled "I accept the Terms of Use" when the User first accesses the Services, notably during the connection of the Wallet to the Platform, after having reviewed these terms in their entirety. This checked box constitutes proof that the User has read and accepted these provisions.

Modifications

Otomato reserves the right to make any changes to these Terms and Conditions deemed necessary or useful at any time.

Any use of the Services by the User after modifications to the Terms and Conditions constitutes acceptance of the new terms.

Enforceability

These Terms and Conditions are enforceable against the User from the moment of their acceptance during the initial connection to the Platform.

The terms remain enforceable throughout the period of Service use and until new terms replace these.

The User may discontinue the use of the Services at any time but remains responsible for any prior use.

Duration

These Terms and Conditions are applicable for the entire duration of the User's use of the Services.

Compatibility

Unless stated otherwise, the Services are based on Blockchain technology (notably EVM-compatible Blockchains) and are therefore innovative, which the User expressly acknowledges and accepts.

Description of Services

Main Services

The Services offered to the User include, but are not limited to:

Automatic detection and monitoring of the User's on-chain positions across supported protocols and chains, based on their provided Wallet address.
Delivery of portfolio-aware alerts via push notifications, Telegram, or other supported channels when something materially changes risk, cost, or required action.
Providing portfolio visibility and position status information through the Platform. The Platform, based on the company's proprietary technology, relies on reading public Blockchain data.
Providing feedback to Otomato regarding the Services and the Platform, noting that such feedback will be considered non-confidential and may be freely used by Otomato in its business activities without restriction.

Eligibility for Use of Services

To be eligible to use the Services, the User must:

Be at least eighteen (18) years old or of legal age in their country of residence.
Have sufficient experience, knowledge, and understanding of Blockchain and the Services and fully understand the associated risks.
Ensure that the Wallet address provided belongs to the User or that the User has authorization to monitor it.
Comply with applicable laws and restrictions in their country of residence.
Refrain from using the Services if prohibited by applicable laws in their country of residence, particularly if:
- It prohibits, penalizes, or restricts the use and/or transactions of Crypto-Assets.
- It requires specific approval or authorization not obtained from competent authorities.
Countries subject to such restrictions include (without limitation): Crimea, Cuba, Iran, North Korea, Syria, Russia, or any other country under restrictions by the United States, United Kingdom, or European Union.
Not use technologies such as Virtual Private Networks (VPNs) or any other technical means to bypass the restrictions outlined in these Terms.
Not have been subject to suspension or removal of access to our Services by Otomato due to non-compliance with these Terms or by legal injunction.
Not have been suspended or banned from accessing platforms or protocols integrated with Otomato.

NO EXCEPTIONS TO THESE ELIGIBILITY CONDITIONS ARE ALLOWED.

In case of non-compliance with one or more of these conditions, access to and use of the Services is strictly prohibited.

Access to Services

The User connects to the Platform and accesses the Services by providing their Wallet address.

Access to the Services is available at all times and is carried out from the User's own installations and equipment.

Limitation of Services

The Services are limited to read-only monitoring and alerting. Otomato does not execute, initiate, or facilitate any on-chain transactions on behalf of the User. The Platform reads publicly available Blockchain data to detect positions and deliver alerts.

The Services offered are not regulated by any supervisory authority, and Otomato does not provide financial advice, investment management, intermediation, or trading assistance for digital assets. Alerts and information provided through the Services are for informational purposes only and do not constitute recommendations or guidance regarding the creation, purchase, or sale of Assets.

Evolution of Services

Otomato reserves the right to add or modify Services at any time based on technological advancements, technical or regulatory requirements, or at Otomato's discretion.

Service Accessibility

Otomato endeavors to make the Services accessible 24/7, subject to maintenance operations. However, Otomato does not guarantee absolute or uninterrupted availability of the Services.

Otomato reserves the right to make any modifications or improvements deemed necessary for the proper functioning of the Services.

Otomato shall not be held responsible for any temporary or permanent unavailability of the Services, whether intentional or not. Similarly, Otomato shall not be liable for damage to the operating systems or functionalities of equipment caused by interruptions or disruptions of the Services.

The User acknowledges the inherent characteristics, limitations, and risks associated with the use of the internet and mobile networks.

The User agrees not to disrupt the proper functioning of the Services, particularly by introducing viruses or other malicious software or technologies harmful to the Platform and Services. The User also agrees to take all appropriate measures to protect their data and/or software from contamination by potential viruses or malware.

Blocking or Restriction of Service Access

Otomato reserves the right, at any time and at its sole discretion, to block, modify, suspend, or restrict, temporarily or permanently, access to all or part of the Services without prior notice, particularly in the following situations:

When a Wallet is identified as high risk based on Otomato's assessment.
In the event of a security incident.
During risk assessments related to the use of the Services.
If there is suspicion or evidence of a violation of these Terms.
Or, generally, for any other reason deemed relevant.

Due to the decentralized nature of Blockchain technology, it may be impossible to notify the User of such restrictions or suspensions in advance.

The User acknowledges and accepts the risks inherent in using the Services, including those related to access restrictions or suspensions. Otomato disclaims all liability for losses, damages, or harm resulting from the blocking, restriction, or deactivation of the Services.

Recommendation

Otomato reserves the right to display recommendations promoting third-party partners, products, or services, either free of charge or for a fee. These recommendations may appear directly on the Platform or in communications sent to the User during the use of the Services.

The display of such recommendations does not imply any legal relationship between Otomato and the mentioned partners, nor any guarantee or liability by Otomato regarding the quality, reliability, or compliance of the recommended products or services.

User's Responsibilities

General Responsibilities

The User is fully responsible for their use of the Services and must comply with applicable laws and regulations.

The User must ensure they have the legal capacity and authority to accept these Terms and use the Services.

Wallet Address and Account Security

The User is solely responsible for the accuracy of the Wallet address(es) they provide to the Platform. Otomato does not require private keys, seed phrases, or wallet signatures to provide its Services.

The User must take appropriate measures to secure access to their Otomato account and notification channels (Telegram, mobile app).

The User acknowledges that Assets are volatile and carry significant risks influenced by factors beyond their control. Alerts provided by the Services are informational and do not constitute financial advice. The User alone is responsible for any decisions made based on information provided by the Services.

The User alone is responsible for evaluating the merits and risks associated with using the Services and the information provided, including third-party content accessible through them. Past performance should not be interpreted as a guarantee of future results.

Taxation

Otomato does not provide tax advice. The User is solely responsible for any tax obligations arising from their on-chain activities. The monitoring and alerting Services provided by Otomato do not constitute tax reporting.

In the event of a request from tax authorities or government agencies, Otomato may provide information regarding the User's use of the Services or Platform, even if not obligated to do so.

Otomato's Responsibility

Under these Terms and Conditions, Otomato's liability is limited to providing the User with access rights to the Platform and associated Services.

Otomato cannot, under any circumstances, be held liable for:

Any loss or damage occurring due to:
- The accuracy, completeness, or timeliness of alerts and monitoring data provided by the Services.
- Decisions made by the User based on information provided by the Services.
- Missed or delayed alerts due to technical issues, network conditions, or Blockchain data availability.
- Any claims and/or disputes related to the User's Assets or positions.
Actions or behaviors of third parties, including malicious actors such as cyberattacks, smart contract exploits, or operational disruptions.
The quality, safety, reliability, or availability of third-party materials, protocols, or applications, even if accessible through the Platform.
The inclusion of Blockchain protocols, decentralized applications, or third-party services in the Services, which does not constitute endorsement, guarantee, or recommendation.
Response time issues or technical incidents.
Hacks, viruses, or other technological disruptions affecting the Platform or Services.

Otomato disclaims all responsibility for:

The User's use of the Services or Platform in violation of third-party rights, public order, morality, or applicable laws.
Illicit or infringing acts committed via the Services.
Accidental data destruction caused by the User or a third party accessing the Platform using the User's credentials.

The Services are read-only and do not interact with or modify any Blockchain state. Otomato reads publicly available on-chain data to provide monitoring and alerts. Otomato does not control the protocols, smart contracts, or assets being monitored, and bears no responsibility for their performance or security.

Otomato does not guarantee that files or data accessible through the Platform are free of viruses or malicious codes. The User is responsible for implementing adequate measures to protect their computer systems and backup their data.

Liability Limitation

Otomato's liability:

Cannot be engaged for failures related to the Blockchain used, which is beyond Otomato's control.
Excludes compensation for indirect damages suffered by the User or third parties.

Damages

The Parties agree that Otomato's liability is limited to direct damages, excluding compensation for indirect damages, including but not limited to:

Loss of revenue, profit, margin, expected gains, or return on investment.
Loss of business or opportunities.
Financial losses resulting from the use or inability to use the Services.

Otomato, its affiliates, licensors, service providers, shareholders, directors, officers, employees, agents, representatives, and suppliers cannot, under any circumstances, be held liable for damages arising from the use of the Services or Platform.

The User agrees to defend, indemnify, and hold harmless Otomato and its affiliates, licensors, service providers, and their respective stakeholders in the event of:

The User's use or behavior related to the Services or Platform.
The use of Assets associated with the User's Wallet.
The User's violation of these Terms and Conditions.
Any infringement by the User on third-party rights, including intellectual property.

These liability limitations do not apply where exclusion or limitation is prohibited by applicable law.

Fees and Payment

The Services are currently provided free of charge. Otomato reserves the right to introduce fees or premium features at any time, with or without prior notice, and at its sole discretion.

Otomato disclaims all liability regarding any fees charged by third-party services or protocols that the User may interact with independently based on information provided by the Services.

Personal Data

The Parties are required to comply with applicable regulations governing the processing of personal data.

Otomato has established a data protection policy detailing the handling of personal data it implements. You can access it by accessing this page: otomato.xyz/privacy-policy

Miscellaneous Provisions

Hyperlinks

Otomato reserves the right to include hyperlinks on the Platform that provide access to web pages other than those on the Platform.

Otomato assumes no responsibility for the content of the information provided on such sites as a result of activating the hyperlinks.

Force Majeure

Otomato shall not, under any circumstances, be held liable, nor shall any compensation be due, for consequences resulting from force majeure events.

Assignment

The rights and obligations under these Terms and Conditions may not be assigned, in whole or in part, by the User, whether for a fee or free of charge, without Otomato's express authorization.

Tolerance

The Parties agree that tolerance of a situation by one Party does not grant acquired rights to the other Party.

Furthermore, such tolerance cannot be interpreted as a waiver of the rights in question.

Sincerity

The Parties declare these commitments to be sincere.

To this end, they affirm that they are unaware of any elements that, if disclosed, would have altered the other Party's consent.

Headings

In case of difficulty interpreting a clause due to a contradiction between a heading and the clause's content, the headings will be deemed non-existent.

Severability

If one or more provisions of these Terms and Conditions are deemed invalid or declared so under a law, regulation, or a final decision of a competent court, the other provisions shall remain in full force and effect.

Entire Agreement

These Terms and Conditions cancel and replace any quasi-contracts, implicit or explicit commitments, or promises having the same purpose.

However, this clause does not aim to prevent the use of these documents but rather to assess, from a legal perspective, the quality of the consents exchanged when forming these Terms.

Evidence Agreement

Electronic acceptance of these Terms and Conditions holds the same evidentiary value between Otomato and the User as an agreement on paper.

The legally required information, or that required by professional standards or best practices, for the conclusion of these Terms may be transmitted between the Parties by email.

Notifications

The User agrees to receive electronically all communications, documents, receipts, notices, and disclosures related to these Terms or the Services.

Such communications may be sent by Otomato to the User through any means deemed appropriate, including:

A publication on the Platform.
Any other contact method provided by the User when accessing or using the Services.

Language

These Terms and Conditions are drafted in English.

Dispute Resolution

Before initiating any judicial or arbitration procedure, the Parties agree to attempt to resolve their dispute through conciliation.

The Parties agree to meet at the initiative of the most diligent Party, who will send the other Party a request for a meeting by registered mail with acknowledgment of receipt. This request must specify the subject of the dispute and propose a meeting date.

The conciliation meeting must occur within thirty (30) days of the other Party receiving the request.

The agenda is set by the Party initiating the conciliation and communicated to the other Party before the meeting.

The conciliation language will be English.

The representatives designated for the conciliation must have experience in the following areas: internet technologies, software applications, financial transactions, and Blockchain technology.

CLASS ACTION WAIVER

THE PARTIES AGREE TO WAIVE THEIR RIGHT TO PARTICIPATE AS A PLAINTIFF OR MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING ARISING FROM THESE TERMS AND CONDITIONS OR THE USE OF THE SERVICES.

Any action or claim resulting from these Terms or the use of the Services must be initiated within one (1) year of the cause of action. After this period, no claims will be entertained.

Governing Law

These Terms and Conditions are governed by the laws of the British Virgin Islands. This applies to substantive and procedural rules, regardless of where substantial or ancillary obligations are performed.