Aureus Ox, LLC.
Effective Date: Oct 01, 2024
Aureus Ox, LLC ("Aureus Ox", the "Company", "we", "us" or "our") is a blockchain development company focused on utilizing decentralized technologies, such as the Flare blockchain. Aureus Ox hosts two top-level domain websites: https://aureusox.com/ and https://oxenflow.io (collectively, the "Site"). These sites provide information regarding Aureus Ox and its service offerings, as well as subdomains for Aureus Ox's product offerings, which may include text, images, audio, code, and other materials along with third-party information.
Aureus Ox offers certain users access to a variety of software, including Aureus Ox's non-custodial iOS wallet application (the "Wallet", "Oxen Flow", or the "App"). The Wallet enables users to:
(i) store tokens, cryptocurrencies, and other blockchain-based digital assets (collectively, "Digital Assets") locally on their own devices; (ii) perform operations on various blockchain networks according to their respective protocol rules, including but not limited to delegation, staking, or similar activities; (iii) swap assets on a peer-to-peer basis via smart contract-enabled Dapps through the App user interface (referred to as "Aureus Ox Identifiers"); (iv) view addresses and information that are part of digital asset networks and broadcast transactions; and (v) access additional functionalities as may be added to the App from time to time (collectively, the "Functionality"). These Terms of Use (the "Terms" or this "Agreement") contain the terms and conditions governing your access to and use of the Site and Functionality. They constitute a legally binding agreement between Aureus Ox and you and/or the entity you represent ("you", "your" or "user").
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE FOR USERS IN THE UNITED STATES AND CANADA, WHICH PROVISION IS CONTAINED BELOW UNDER THE HEADING "DISPUTE RESOLUTION." IF YOU ARE LOCATED IN THE UNITED STATES OR CANADA, YOU AGREE THAT DISPUTES BETWEEN YOU AND AUREUS OX WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING.
Agreement to Terms; Privacy Policy Please read these Terms carefully before using the Site or Functionality. By using or accessing the Site, Functionality, and/or Content (defined below) in any manner, or by clicking a button or checkbox to accept or agree to these Terms when that option is made available, you (i) accept and agree to these Terms and (ii) consent to the collection, use, disclosure, and other handling of information as described in our Privacy Policy, available at https://public.oxenflow.io/legal/privacy_policy.html (the "Privacy Policy"). The Privacy Policy is incorporated herein by this reference in its entirety, and all references herein to the "Terms of Use," the "Terms," or this "Agreement" include a reference to the Privacy Policy.
Changes to Terms or Services; Third-Party Services We may modify the Terms at any time at our sole discretion and without notice. If we do so, we will notify you by posting the modified Terms on the Site, by providing notice through the App, or through other methods of communication that we deem reasonable. It is important that you review the Terms whenever we modify them, as your continued use of the Site or Functionality after modifications constitutes your acceptance of the modified Terms.
If you do not agree to be bound by the modified Terms, then you may not use the Site or the Functionality. Because the Functionality is evolving over time, we may change or discontinue all or any part of the Site and Functionality (or any part of either or both) at any time and without notice, at our sole and absolute discretion. If you do not agree to be bound by the modified Terms, you must cease using the Site or Functionality.
By using the App, you represent and warrant that you are at least 17 years of age (or the minimum legal age in your jurisdiction to form a binding contract, if higher). If you are under the applicable age, you may not use the App or access any of its services.
You must have the legal capacity to enter into and form a binding contract under the laws of your jurisdiction. By using the App, you represent and warrant that you have the full right, power, and authority to enter into and comply with these Terms of Service.
You are prohibited from using the App if:
Restricted by Law: You are located in a country or region that is subject to a government embargo or has been designated by the government as a "terrorist-supporting" country, or you are otherwise subject to restrictions prohibiting your use of the App under applicable laws or regulations.
Sanctions and Export Controls: You represent and warrant that you are not:
By using the App, you agree to comply with all applicable local, state, national, and international laws, regulations, and treaties, including sanctions and export control laws. It is your responsibility to ensure that your use of the App is in compliance with all legal requirements in your jurisdiction.
To use certain features of the App, you are required to create an account. You agree to provide accurate and complete information during registration and to update your information to keep it accurate and current. You are responsible for all activities that occur under your account.
We use a Threshold Signature Scheme (TSS) for enhanced security of your account. Your cryptographic key material is divided into three components:
Authentication is facilitated using a JWT (JSON Web Token), generated during account creation and secured by your Passkey. The JWT is used to link your device with the blockchain-stored key material via Web3Auth.
You are solely responsible for safeguarding the key material on your device, the BIP39 recovery phrase, and your Passkey. Your Passkey is required to authenticate your JWT and interact with Web3Auth for secure access to your account. We do not store your Passkey, or key material and we cannot recover your account if you lose your Passkey or recovery phrase.
If your device is lost or compromised, you will need your BIP39 recovery phrase to restore access to your account. If you lose both your Passkey and recovery phrase, we cannot recover your account due to the decentralized nature of the TSS key system.
The App provides access to a webview feature where you can buy and sell digital assets through a third-party service. By using this feature, you acknowledge and agree that:
Digital asset transactions involve inherent risks, including market volatility and potential loss of assets. You acknowledge that you are solely responsible for any risks associated with these transactions, and we do not guarantee or assume liability for any losses, errors, or issues arising from your use of third-party digital asset services.
You may upload an image to the App, which will be associated with your username and displayed within the App (e.g., in your profile or user listings). By uploading an image, you grant us permission to host, display, and distribute it in connection with your account.
You are responsible for ensuring that any images you upload:
For details on how we collect, use, and share your personal data, please refer to our Privacy Policy. By using the App, you acknowledge that you have read and understood our Privacy Policy.
We collect and use TSS key data as part of the account security system. The TSS key components are divided across your device, Web3Auth, and your BIP39 recovery phrase. Web3Auth stores only a portion of your key, and it cannot access your full key or any personal data.
Your JWT is used to interact with Web3Auth and is secured by your Passkey, which remains on your device. We do not store your JWT or Passkey.
We welcome and encourage feedback, comments, and suggestions for improvements to the App ("Feedback"). By submitting any Feedback to us, whether through email, the App, or any other communication method, you agree to the following:
Voluntary: Your submission of Feedback is entirely voluntary and is provided without any expectation of compensation or confidentiality.
Ownership and License: You grant Aureus Ox a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, modify, distribute, and incorporate the Feedback into our products and services without any restriction or obligation to you. This includes the right to sublicense these rights to third parties.
No Obligation: While we value your Feedback, we are under no obligation to implement any suggestions or provide compensation for your submissions.
We may use any Feedback you provide to improve the App, develop new features, or make enhancements to our services. We are free to use this Feedback for any purpose, including but not limited to, research, development, product improvements, or marketing, and you acknowledge that your Feedback may be combined with feedback from other users.
By submitting Feedback, you represent that the Feedback does not infringe on the rights of any third party and is not confidential or proprietary information owned by anyone other than you.
Subject to your compliance with these Terms, Aureus Ox grants you a limited, non-exclusive, non-transferable, revocable license to access and use the App and the functionalities provided therein for your personal, non-commercial use.
You acknowledge that all rights, title, and interest in and to the App, Site, and all related functionalities, including all intellectual property rights, are and shall remain the exclusive property of Aureus Ox and its licensors. Your use of the App does not grant you any ownership rights or interests in the App, Site, or any related functionalities.
You agree not to:
You acknowledge that use of the App may involve certain fees charged by Aureus Ox. These fees may vary based on the services provided and will be disclosed to you prior to completing any transactions or utilizing specific functionalities within the App. By using the App, you agree to pay any applicable fees associated with your use of the services.
In addition to any fees charged by Aureus Ox, you may incur fees associated with transactions on blockchain networks. These fees, commonly referred to as "gas fees," are determined by the network and may fluctuate based on network congestion, transaction complexity, and other factors. You are responsible for paying any blockchain transaction fees incurred while using the App, and these fees will be deducted from your account balance or charged to your payment method as applicable.
You acknowledge that certain features or functionalities within the App may involve transactions or services provided by third parties, which may incur additional fees. These third-party fees are separate from those charged by Aureus Ox and will be disclosed to you at the time of the transaction. You are responsible for any third-party fees incurred while using the App and agree to pay these fees as they become due.
Aureus Ox reserves the right to change its fees at any time. Any changes to fees will be communicated to you through the App or via email. Continued use of the App after fee changes will constitute your acceptance of the new fee structure.
All fees are non-refundable, and you acknowledge that you will not receive any refunds for fees paid to Aureus Ox or for any blockchain transaction fees or third-party fees incurred during your use of the App.
You acknowledge and agree that you are solely responsible for determining any tax obligations arising from your use of the App and any transactions involving Digital Assets. Aureus Ox does not provide tax advice, and nothing in these Terms of Service should be construed as tax advice. You are responsible for reporting and paying any applicable taxes, including income taxes, capital gains taxes, or any other taxes that may arise from your transactions involving Digital Assets.
Aureus Ox shall not be held liable for any taxes, penalties, or interest that may result from your failure to comply with applicable tax laws or regulations. We recommend that you consult with a qualified tax professional to understand your tax obligations related to the use of the App and transactions involving Digital Assets.
You agree to use the App only for lawful purposes and in accordance with these Terms of Service. You shall not use the App in any way that violates any applicable federal, state, local, or international law or regulation. Additionally, you agree not to:
Aureus Ox reserves the right to take any action it deems necessary to enforce these Terms of Service and to investigate and respond to any violations. This may include, but is not limited to, monitoring your use of the App, investigating any suspected violations, and taking appropriate legal action against users who violate these Terms.
Aureus Ox may suspend or terminate your access to the App without notice if it believes, in its sole discretion, that you have violated these Terms of Service or engaged in any conduct that is detrimental to Aureus Ox, the App, or other users.
The App, Site, and associated functionalities may contain links to third-party applications, platforms, and decentralized applications (Dapps) ("Third-Party Functionality"). These links are provided for your convenience and do not imply endorsement or approval by Aureus Ox of the third parties or their services. When using Third-Party Functionality, you understand that you are not transferring your assets or private keys to Aureus Ox.
Aureus Ox does not have control over the content, products, or services offered by these third parties and makes no warranties or representations regarding the availability, legitimacy, or quality of such Third-Party Functionality. You acknowledge and agree that Aureus Ox is not responsible for any content, products, or services made accessible through these links, including any related websites, resources, or links displayed therein.
You acknowledge sole responsibility for and assume all risk arising from your use of the App and any Third-Party Functionality. Aureus Ox makes no warranties, express or implied, regarding the suitability, accuracy, or reliability of the information contained on such linked Third-Party Functionality or the products or services they offer.
You may have the option to link your wallet to your accounts on third-party platforms, sites, and services to enable access to such accounts directly from your wallet. By doing so, you understand and agree that all transactions made while accessing these accounts from your wallet are subject to these Terms of Service as well as the terms of use, privacy policies, and other conditions imposed by the providers of such third-party sites, services, and platforms. Aureus Ox shall not be responsible for any transactions or interactions that occur through linked third-party accounts.
Aureus Ox reserves the right, in its sole discretion, to suspend or terminate your access to the App, effective immediately and without notice, if you breach these Terms of Service or engage in any conduct that Aureus Ox believes may harm the App, its users, or its reputation. Additionally, Aureus Ox may terminate your access to the App if it is required to do so by law or if it believes that the continued operation of the App may violate any applicable laws or regulations.
You may terminate your use of the App at any time by deleting your account and ceasing all use of the App. To delete your account, please follow the instructions provided in the App or contact customer support.
Upon termination of your access to the App, all rights granted to you under these Terms of Service will immediately cease. You acknowledge and agree that Aureus Ox may retain certain information about you and your usage of the App as required by law or for legitimate business purposes.
The provisions of these Terms of Service that, by their nature, should survive termination shall survive termination, including but not limited to sections related to indemnity, limitation of liability, warranty disclaimers, tax disclaimers, and governing law.
You acknowledge and agree that the App, Site, and any related services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. To the fullest extent permitted by law, Aureus Ox disclaims all warranties, express or implied, including but not limited to:
Implied Warranties of Merchantability: No warranty that the App or its functionalities will meet your expectations or be suitable for your particular purpose. Implied Warranties of Fitness for a Particular Purpose: No warranty that the App or functionalities are free from defects, viruses, or errors.
Aureus Ox does not warrant that the information, content, or materials provided through the App are accurate, reliable, complete, or current.
Aureus Ox does not warrant that the App will be uninterrupted, secure, or free from errors or viruses, nor does it guarantee that any defects will be corrected.
While the App may utilize a Threshold Signature Scheme (TSS) for managing your Digital Assets securely, you understand that the implementation of TSS key management is provided for your convenience. Aureus Ox makes no warranties regarding the effectiveness of TSS key management or its ability to protect your Digital Assets from loss, theft, or unauthorized access. You remain solely responsible for the management of your keys and any associated risks.
Aureus Ox is not responsible for any content, products, or services provided by third parties, including any linked websites or services. Your use of the App is at your own risk. You assume full responsibility for any costs associated with the use of the App, including but not limited to any necessary servicing or repairs of any equipment, software, or data.
You acknowledge and agree that the information and content provided through the App, including but not limited to any communications, materials, or functionalities, are for informational purposes only and do not constitute professional advice, including financial, legal, tax, or investment advice. Aureus Ox does not recommend or endorse any specific Digital Assets, investment strategies, or other financial products or services.
Aureus Ox does not owe you any fiduciary duties, obligations, or responsibilities of any kind. By using the App, you agree that no relationship of trust or reliance is created between you and Aureus Ox. You are responsible for conducting your own research and making your own decisions regarding the use of Digital Assets, and you should consult with a qualified professional before making any financial decisions.
You acknowledge that any decisions you make regarding the use of Digital Assets are solely your responsibility. Aureus Ox shall not be liable for any losses or damages resulting from your reliance on the information provided through the App or your decisions regarding the use of Digital Assets.
You agree to indemnify, defend, and hold harmless Aureus Ox, its affiliates, officers, directors, employees, agents, and licensors (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or in any way connected with:
Your use of the App and any related services, including any transactions involving Digital Assets.
Your violation of these Terms of Service or any applicable laws or regulations.
Any content you submit, post, or transmit through the App, including any claims arising from the infringement of any intellectual property rights or rights of privacy.
Any actions or omissions of third parties, including any third-party services or websites linked to or integrated with the App.
Your negligence, misconduct, or willful violation of any rights of any person or entity. The Indemnified Parties reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with any such defense. You agree not to settle any matter without our prior written consent.
To the fullest extent permitted by applicable law, in no event shall Aureus Ox, its affiliates, directors, employees, agents, or licensors be liable to you or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of data, loss of goodwill, business interruption, or any other intangible losses, arising out of or related to:
To the fullest extent permitted by applicable law, in no event shall Aureus Ox’s aggregate liability for all claims related to the App exceed the greater of the amount you paid to Aureus Ox in the 12 months preceding the event giving rise to the liability or USD $100.00.
By using the App, you acknowledge and agree that your use of the App is at your sole risk. You agree to release Aureus Ox from any and all claims, demands, or damages of any kind, known or unknown, arising out of or related to your use of the App.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, Aureus Ox's liability will be limited to the fullest extent permitted by law.
By using the App, you acknowledge and accept the following risks associated with Digital Assets and blockchain technology:
Digital Assets are highly volatile and may experience significant fluctuations in value. The value of Digital Assets can rise or fall dramatically in a short period, leading to potential financial losses. You should only use and invest in Digital Assets that you can afford to lose.
While we implement security measures to protect your data and transactions, the use of blockchain technology and Digital Assets carries inherent risks, including hacking, fraud, and loss of access to your wallet or funds. You are solely responsible for the security of your account, passkeys, recovery phrases, and any transactions involving Digital Assets that you conduct.
You acknowledge that transactions involving Digital Assets are irreversible. Once a transaction is confirmed on the blockchain, it cannot be reversed or undone. It is your responsibility to verify all transaction details before confirming any transaction through the App.
You recognize that blockchain networks and related technologies are continually under development. Changes in the underlying protocols, features, or functionalities of these technologies may impact your experience with Digital Assets and the App. You acknowledge that you may need to adapt to such changes and that we are not responsible for any disruptions or issues arising from updates or changes to the underlying technology.
You acknowledge that advancements in quantum computing technology may pose potential risks to blockchain security. As quantum computers become more powerful, they may have the capability to crack cryptographic algorithms currently used in blockchain technology, potentially compromising the security of Digital Assets. While the blockchain community is actively researching solutions to mitigate these risks, you accept that future developments in quantum computing may impact the security of your Digital Assets.
You understand that Aureus Ox is not registered or licensed by the CFTC, SEC, or any other financial regulatory authority (whether in the United States or elsewhere). No financial regulatory authority has reviewed or approved the use of the Aureus Ox-developed software that comprises the App and the functionalities it provides. The App and the Aureus Ox-developed software do not constitute advice or a recommendation concerning any commodity, security, or other Digital Asset or instrument. Aureus Ox is not acting as an investment manager, adviser, arranger, introducer, or commodity trading adviser to any person or entity.
Aureus Ox is a software developer and does not act as a broker, dealer, or financial advisor. We do not facilitate or execute trades of Digital Assets on your behalf. Any transactions conducted through the App are done at your own discretion and risk. We do not guarantee the performance or outcomes of any Digital Assets, nor do we provide advice regarding their purchase, sale, or use.
The legal and regulatory environment for Digital Assets and blockchain technology is evolving. Changes in laws or regulations may impact your ability to use Digital Assets or the App. It is your responsibility to stay informed about applicable laws and regulations in your jurisdiction.
By using the App, you acknowledge that you are responsible for conducting your own due diligence and understanding the risks associated with using Digital Assets and blockchain technology. You agree that Aureus Ox shall not be held liable for any losses or damages arising from your use of the App or any transactions conducted through it.
By using the App, you and Aureus Ox agree to resolve any disputes through binding arbitration, rather than in court. Arbitration is a more informal process than a lawsuit in court. It uses a neutral arbitrator instead of a judge or jury, and allows for more limited discovery than in court. Arbitration is subject to very limited review by courts. You and Aureus Ox agree that any arbitration will be conducted on an individual basis and not as a class, collective, or representative action, and you waive any right to bring or participate in such actions.
This arbitration agreement applies to any and all claims, disputes, or controversies between you and Aureus Ox that arise out of or relate to these Terms, your use of the App, any services provided by us, or your relationship with Aureus Ox. This includes, without limitation, disputes related to account security, digital asset transactions, image hosting, or privacy matters, and disputes arising under any federal or state statute or common law.
Notwithstanding the above, either party may seek to resolve a dispute in small claims court if it qualifies. Either party may also bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, or by any other arbitration provider mutually agreed upon by the parties. The arbitration will be conducted in the New York, New York, unless you and Aureus Ox agree otherwise. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration agreement.
The AAA Consumer Arbitration Rules will govern the payment of arbitration fees. Each party will bear their own costs unless the arbitrator finds that the costs should be shifted based on applicable law.
You and Aureus Ox agree that any claims must be brought in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate the claims of more than one person or preside over any form of a representative or class proceeding.
You may opt out of this agreement to arbitrate by sending an email to info@aureusox.com within 30 days of first accepting these Terms. Your opt-out notice must include your name, address, email address, and a clear statement that you wish to opt out of mandatory arbitration.
If any part of this arbitration agreement is found to be invalid or unenforceable, the remaining parts will remain in effect.
These Terms, and any disputes or claims arising out of or relating to them or your use of the App, will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. However, the mandatory arbitration agreement set forth in Section 10 shall be governed by the Federal Arbitration Act and not by any state arbitration law.
If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, the remaining provisions will continue in full force and effect. If any unenforceable provision would be enforceable by modifying it, the court or arbitrator shall have the authority to modify the provision to the minimum extent necessary to make it enforceable while remaining as close as possible to the parties’ original intent.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Aureus Ox's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms, along with our Privacy Policy and any additional agreements you enter into with us in connection with the App, constitute the entire agreement between you and Aureus Ox regarding the use of the App. These Terms supersede any prior agreements or understandings, whether written or oral, related to your use of the App. These Terms are written in English (U.S.). Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls.
If you have any questions about these Terms or need to contact us, please email us at info@aureusox.com