Last Updated: September 24, 2026
THE SERVICES INCLUDE A SUITE OF EXPERIMENTAL BLOCKCHAIN-ORIENTED FUNCTIONALITIES. USING THESE FUNCTIONALITIES (INCLUDING VIA THE INTERFACE ON OUR WEBSITE) POSES SIGNIFICANT RISKS TO YOU AND YOUR ONLINE ASSETS. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING THESE RISKS AND YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU AND YOUR RIGHTS. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY USING THE WEBSITE OR OUR SERVICES, OR BY ACQUIRING, HOLDING, TRANSFERRING, OR TRANSACTING IN ANY TOKEN ISSUED BY OR IN CONNECTION WITH US, HOWEVER AND FROM WHOMEVER ACQUIRED, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT USE OUR WEBSITE OR SERVICES IF YOU: (A) DO NOT AGREE TO THESE TERMS; (B) ARE NOT THE OLDER OF (i) AT LEAST EIGHTEEN (18) YEARS OF AGE; OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT; OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S FUNCTIONALITIES BY THESE TERMS OR BY APPLICABLE LAW.
These terms of service are entered into by and between you (“you” or the “User”) and OpenStocks (“OpenStocks,” “we,” “our,” or “us”). OpenStocks is a distributed network of contributors located around the world who collaborate primarily through digital means. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service” or “Terms” or this “Agreement”), govern your access to and use of OpenStocks.xyz and its sub-pages, sub-domains, and integrations (collectively, the “Website”), as well as your acquisition, holding, and/or use of any Pre-IPO Tokens or other tokens issued by OpenStocks, and your use of any products or services of, relating to, or affiliated with OpenStocks.
The User must read these Terms of Service carefully before using the Services (as defined below). By accessing or using the Services, whether or not the Protocol is accessed through the Website, the User accepts and agrees to be bound and abide by these Terms of Service and all documents incorporated herein by reference. If the User does not want to agree to these Terms of Service or any documents that are incorporated herein by reference, the User must not access the Website or use the Services.
The Website is offered and available to users who are eighteen (18) years of age or older. By using this Website, the User represents and warrants that the User is at least the higher of legal age to form a binding contract with OpenStocks in the User’s applicable jurisdiction or 18 years of age and meets all of the foregoing eligibility requirements. Further, by using this Website, the User represents and warrants that the User is not a citizen or resident of, nor is located in, any country where the use of the Website is illegal or impermissible, whether by rule, statute, regulation, bylaw, court adjudication or order, protocol, administrative statement, code, decree, or other directive, requirement or guideline, whether applicable on OpenStocks, the Website, the Protocol (as defined herein), or on the User (or any combination of the foregoing) by an authority with valid and enforceable jurisdiction (“Applicable Laws”). If you do not meet all of these requirements, you must not access or use the Website.
OpenStocks’s services (the “Services”) include the Website, blockchain-enforced smart contracts (the “Protocol”), and all of our other properties, content, tools, documentation, features, functionality, tokens, products, and services. Your use of the Services is subject to this Terms of Service as well as our Privacy Policy. Participants (“Participants”) are defined as those who access or use the Services.
OpenStocks, its affiliates, and associated parties have no ability to control, modify, prevent, stop, amend, or adjust interactions or transactions after they are submitted to the Protocol, whether or not through the Website. The Website is not the only method that individuals or parties may interact with, contribute to, access, or otherwise affect the Protocol. You understand and acknowledge that any Protocol parameter values, including those relating to token rewards, are subject to change by OpenStocks at any time, and that all fees are subject to change as described in Fees. You understand that some OpenStocks smart contracts may be upgradeable or modifiable after deployment and the risks this introduces. You understand that OpenStocks smart contracts are not guaranteed to be audited or tested and the risks this introduces. You are expected to be familiar with the Protocol and the risks it represents (including without limitation the possibility of your crypto-assets being forfeited according to the Protocol’s rules or being lost for any other reason) before accessing it (whether accessed via the Website or otherwise). YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OR INTERACTION WITH THE PROTOCOL IS AT YOUR OWN RISK AND OpenStocks WAIVES ALL LIABILITY OR RESPONSIBILITY, AND MAKES NO WARRANTIES, RELATED TO THE PROTOCOL, WHETHER OR NOT THE PROTOCOL IS ACCESSED VIA THE WEBSITE.
Different components of the Services — including but not limited to the issuance, administration, custody, holding, valuation, distribution, listing, market-making, settlement, payment, on- and off-ramp, screening, and support functions, and the arrangements through which any exposure referenced by a token is sourced, acquired, held, or realized — may be operated, performed, or provided by different legal entities in different jurisdictions, including affiliates, subsidiaries, special purpose vehicles, nominees, custodians, service providers, counterparties, and unaffiliated third parties. The entity that contracts with you, issues or administers any token, holds any exposure, or performs any part of the Services may differ between products, tokens, jurisdictions, and points in time, and may be added, removed, substituted, restructured, or replaced at any time without notice to you. Not all such entities, counterparties, and arrangements are or will be publicly identified, and we are under no obligation to identify them, to disclose the identity of or our relationship with any of them, or to notify you of any change. References in these Terms to “OpenStocks,” “we,” “our,” or “us” include, as the context requires, each legal entity that performs any part of the Services — including but not limited to any affiliate, subsidiary, special purpose vehicle, nominee, custodian, service provider, counterparty, or unaffiliated third party — and every disclaimer, limitation, exclusion, release, waiver, and indemnity in these Terms operates for the benefit of, and may be relied on and enforced by, each of them. For further information regarding blockchain technology, crypto-assets, and the associated risks, see Risk Factors.
We reserve the right to withdraw or amend the Website and any other Services or material we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website, the Protocol, or any of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to Participants.
The User is responsible for both:
Making all arrangements necessary for the User to have access to the Website and the Services.
Ensuring that all persons who access the Website or the Services through the User’s internet connection are aware of these Terms of Service and comply with them.
To access certain Services or some of the resources offered on the Website, the User may be asked to provide certain registration details or other information. Other Services or resources offered on the Website may require the User to utilize certain Web3 capabilities, such a crypto-asset wallet capable of interacting with the User’s web browser or relevant blockchain nodes (“Web3 Utilities”). It is a condition of the User’s use of the Website and the Services that the User only operates such Web3 Utilities with a private key(s) that the User created or has the direct, explicit permission of the party who created the relevant private key(s). The User agrees that all information it provides to interact with the Website, Services, or otherwise, including, but not limited to, through the use of any interactive features on the Website is correct, current, and complete. The User consents to all actions we take with respect to the User’s information as is consistent with these Terms of Service and all documents referenced or incorporated herein.
If the User utilizes a Web3 Utility that relies on a separate username, password, private key, or any other piece of information as part of its security procedures, the User must treat such information as confidential, and the User must not disclose that information to any other person or entity. The User also acknowledges that any identity linked to its Web3 Utility is personal to the User and agrees not to provide any other person with access to such identity. The User also agrees to ensure that it will lock or otherwise prevent its Web3 Utility from unauthorized use on this Website or the Services at the end of each session. The User should use particular caution when accessing the Website or the Services from a public or shared computer so that others are not able to view or record the User’s username, password, private key, or other personal information. In the event the User’s Web3 credentials are compromised, the User acknowledges and understands that all of its related crypto-assets may be compromised as well, and waives any and all responsibility of and liability against OpenStocks related to any losses in any such event.
The Services are not offered to, and must not be accessed or used by, any person or entity that is a citizen or resident of, incorporated in, or physically located within the following jurisdictions (“Prohibited Jurisdictions”): Afghanistan, Albania, Belarus, Bosnia and Herzegovina, British Virgin Islands, Central African Republic, China (Mainland), Côte d’Ivoire, Cuba, Democratic Republic of the Congo, Eritrea, Ethiopia, Iran, Iraq, Kosovo, Lebanon, Liberia, Libya, Mali, Montenegro, Myanmar (Burma), Nicaragua, North Korea, Panama, Russia, Serbia, Singapore, Somalia, South Sudan, Sudan, Syria, Ukraine (including Crimea and any other region subject to international sanctions), United States, Venezuela, Yemen, and Zimbabwe; any other jurisdiction subject to sanctions or restrictive measures enforced by the Office of Foreign Assets Control (“OFAC”), the United Nations, the U.K., or the E.U.; and any other jurisdiction in which the Services are not offered, or in which offering or using the Services would be unlawful or would require a license, registration, or authorization that we do not hold. We may treat additional jurisdictions as Prohibited Jurisdictions by updating this list, by notice, or by restricting access, without taking any public position on the legal characterization of the Services or any token in any particular jurisdiction.
The User may access or use the Website and the Services only for lawful purposes and in accordance with these Terms of Service. The User agrees not to use or access the Website or the Services:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate a specific individual OpenStocks contributor, another user, or any other person or entity (including, without limitation, by using email addresses, screen names, similarly named or commonly misspelled URLs, or associated blockchain identities).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or the Services, or which, as determined by us, may harm OpenStocks or Participants, or expose them to liability.
If the User is a Restricted Person, or is otherwise accessing the Services from a Prohibited Jurisdiction, in each case as described in Prohibited Jurisdictions.
Access or use the Services if you are a citizen or resident of, or are physically located in, any Prohibited Jurisdiction, if you are identified by the U.S. Office of Foreign Assets Control as a Specially Designated National or other blocked person, or if you are acting for or on behalf of, or are otherwise involved with, any person or entity that is so designated under OFAC, U.K., or E.U. sanctions regulations.
If doing so is illegal or impermissible according to any Applicable Laws.
To cause the Services, any of the Services’ underlying blockchain networks or technologies, or any other functionality with which the Services interact to work other than as intended.
To take any action that may be reasonably construed as fraud, deceit, or manipulation.
To impair any of OpenStocks’s legal rights or interests, including by making or publishing false or misleading statements about OpenStocks.
Additionally, the User agrees not to:
Be likely to deceive or defraud, or attempt to deceive or defraud, any person, including (without limitation) providing any false, inaccurate, or misleading information (whether directly through the Services or through an external means that affects the Protocol) with the intent to unlawfully obtain the property of another or to provide knowingly or recklessly false information, including in any way that causes inaccuracy among the content on the Website or on the Services.
Use the Services to manipulate or defraud any DEX, oracle system, the Protocol, or blockchain network, or the users thereof.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause needless annoyance, inconvenience, or anxiety, or be likely to unreasonably upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent the User’s affiliation with any person or organization in connection with its use of the Website and Services.
Engage in any activity or behavior that violates any applicable law, rule, or regulation concerning, or otherwise damages, the integrity of the Website or the Services, or any other service or software which relies on the Services.
Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
Use the Website in any manner that could disable, overburden, damage, impair, or interfere with any other party’s use of the Website, including the ability to engage in real time activities through the Website or with the Services.
Use any robot, spider, or other similar automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website or the Services.
Bypass, circumvent, or attempt to bypass or circumvent—whether through VPNs, proxies, Tor, IP-spoofing, DNS-tunnelling, or any other method—any IP-based, DNS-based, geofencing, geoblocking, or similar restriction we impose to prevent impermissible access by citizens or residents of, or Participants physically located in, any Prohibited Jurisdiction.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to the Website, the Services, the Participants, any underlying blockchain, or any of the Service’s related utilities or functionalities.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website, including any underlying blockchain.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service.
Attack the Website, the Services, the Protocol, any of the Services’ underlying blockchain networks or technologies, or any other functionality with which the Services interact via a denial-of-service attack or a distributed denial-of-service attack.
Encourage or induce any third party to engage in any of the activities prohibited under these Terms.
Otherwise interfere with or attempt to interfere with the proper working of the Website or the Services in any way.
In this Participant Agreement, “I,” “me,” and “my” mean you; and references to “we” or “us” mean OpenStocks.
This Participant Agreement is also presented and agreed on the Website. By accessing or using the Services, or by interacting with any OpenStocks-related token, I agree to the following:
I have read, understood, and agree to be bound by the Terms of Service and Privacy Policy. I am at least 18 years of age and of legal age to form a binding contract.
I am not a U.S. person. I will access and use the Services only where it is lawful for me to do so, now and in the future. I am not a Restricted Person and am not located in, a citizen or resident of, or otherwise subject to the laws of any Prohibited Jurisdiction, each as defined in the Terms of Service, including the United States.
I have read the Risk Factors section of the Terms of Service. I understand and accept those risks, including the risk of total loss.
I understand that OpenStocks are bearer digital tokens referencing economic exposure to private companies; they confer no ownership, voting, dividend, or information rights, and are not affiliated with, endorsed by, or issued by the companies they reference.
I understand that the Services are experimental and provided as is, and that blockchain transactions I authorize are final and irreversible.
Information on the Website is for general information only, is not professional advice, and is relied on at my own risk.
I understand that the Services, including but not limited to their features, fees, and parameters, may be changed, restricted, suspended, or discontinued at any time without notice, including for tokens I already hold.
Administrative controls may be used for legal, regulatory, compliance, security, or operational purposes, including to restrict access, block addresses, and freeze, transfer, or burn tokens, with no liability to me.
If I do not agree to every statement above, I will immediately exit the Website and refrain from using the Services.
We have the right to:
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or Services. We may require you to provide additional information and documents regarding your use of the Services, including in case of application of any applicable law or regulation, including laws related to anti-money laundering or for countering the financing of terrorism, or the request of any competent authority. We may also require you to provide additional information or documents in cases where we have reason to believe: (i) that your wallet is being used for illegal money laundering or for any other illegal activity; or (ii) you have concealed or reported false identification information or other details. BY USING THE SERVICES, YOU WAIVE AND HOLD HARMLESS OpenStocks AND ITS AFFILIATES, LICENSEES, SERVICE PROVIDERS, AND ASSOCIATED PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review interactions or activities before they are executed through the Website, and, given the nature of blockchain and functionalities like those offered via the Services, cannot ensure prompt removal or rectification of objectionable interactions or activities after they have been executed. Accordingly, the User agrees that we assume no liability for any action or inaction regarding transmissions, communications, transactions, blockchain operations, or content provided by any Participant or third party, including any that may cause a malfunction or inaccuracy on the Website or among the Services. We have no liability or responsibility to anyone for any other party’s performance or nonperformance of the activities described in this Section, nor for any harms or damages created by others’ interactions with any blockchain underlying the Services or reliance on the information or content presented on the Website.
We may amend, modify or replace these Terms of Service at any time in our sole discretion without prior notice or liability to you. Revised Terms are binding the moment they are posted on the Website; by continuing to access or use the Services after posting, you agree to the revised Terms. You are responsible for reviewing the Terms, including any revisions, each time you access or use the Website or the Services, and we have no obligation to provide you with email or other notice of changes. If you do not agree to the revised Terms, you must immediately cease all access to and use of the Website and the Services. Changes to the dispute-resolution provisions do not apply to any dispute of which we or you had actual notice before the change was posted.
Except any open-source software or other material incorporated into the Website or the Services, the Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by OpenStocks, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The User must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
The User’s computer may temporarily store copies of such materials in RAM incidental to the User’s accessing and viewing those materials.
The User may store files that are automatically cached by the User’s web browser for display enhancement purposes.
The User may print or download one copy of a reasonable number of pages of the Website for its own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, the User may download a single copy to its computer or mobile device, provided the User agrees to be bound by any applicable end user license agreement or other similar agreement for such applications.
For any open-source materials provided on the Website or through the Services, the User may perform any activities only as is consistent with the open-source license applicable to such materials.
The User must not:
Modify copies of any materials from this Website.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
If the User prints, copies, modifies, downloads, or otherwise uses or provides any other person with access to any part of the Website in breach of these Terms of Service, the User’s right to access the Website will stop immediately and the User must, at our option, return or destroy any copies of the materials the User has made. No right, title, or interest in or to the Website or any content on the Website is transferred to the User, and all rights not expressly granted are reserved by OpenStocks.
Notwithstanding anything to the contrary in these Terms of Service, the User may freely use any open-sourced materials up to the limits provided, but in accordance with any requirements placed, by those materials’ open-source licenses.
Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
The OpenStocks name, and all related names, logos, product and service names, designs, and slogans are trademarks of OpenStocks or its affiliates or licensors and may not be used without OpenStocks's prior written permission. Specifically, use of these trademarks is forbidden in any manner that is deceitful, fraudulent, or manipulative, that implies an unauthorized relationship or endorsement by OpenStocks, or that could cause confusion or misunderstanding regarding the origin of goods or services. The User agrees not to utilize these trademarks to mislead others, insinuate false associations with OpenStocks, conduct phishing attacks, spear-phishing attacks, social engineering, or any other activities aimed at deceiving individuals into divulging secure information or assets. Violation of these terms may result in legal action and revocation of any usage rights.
We welcome feedback, ideas, bug reports, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of OpenStocks, and OpenStocks may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to OpenStocks any and all right, title, and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights, and any and all other intellectual property rights) that you may have in and to any and all Feedback, as well as in and to any derivative works, improvements, or bug fixes you create that build on the Protocol or Services.
The content and information presented on or through the Website is made available solely for general information and education purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any information posted to the Website or through the Services should not be construed as an intention to form a contract, and in no case should any information be construed as OpenStocks’s offer to buy, sell, or exchange crypto-assets. Any reliance the User places on such information is strictly at the User’s own risk, and as is common in the blockchain space, the User is assuming a high amount of risk related to others or technical harms when operating via the Website and the Services. We disclaim all liability and responsibility arising from any reliance placed on such materials by the User or any other Participant, by anyone who may be informed of any of the Website’s or the Services’ contents, or by the actions or omissions of others interacting with the Protocol or any underlying blockchain.
This Website or the Services may include content provided by third parties, including (without limitation) materials provided by OpenStocks contributors, bloggers, blockchain users, other decentralized applications, aggregators, and/or reporting services. All statements, alleged facts, and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided through official OpenStocks channels, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of individual OpenStocks contributors or even the factual status of reality. We are not responsible, or liable to the User or any third party, for the content or accuracy of any materials provided by any third parties, and User agrees that it bears sole and absolute responsibility to evaluate and select any third-party functionality with which it interacts via the Services.
We may update the content on, design of, or functionalities available through this Website or through the Services from time to time, but the Website and the Services are not necessarily complete or up-to-date. Any of the material on the Website or provided through the Services may be out of date at any given time, and we are under no obligation to update such material.
OpenStocks is a developer of open-source software and does not unilaterally offer, operate, or administer the Protocol or a blockchain network. The Services merely attempt to assist Participants in more easily participating in the Protocol, DeFi services, or blockchain networks generally.
The User is responsible for its use of the Services, the functionalities they enable, transactions engaged through the Website, and the use of the information derived thereof. The User is solely responsible for complying with all Applicable Laws related to its transactions and activities that directly or indirectly incorporate our provision of the Services, including, but not limited to, the Commodity Exchange Act and its regulations as overseen by the U.S. Commodity Futures Trading Commission (“CFTC”), and the federal securities laws and its regulations overseen by the U.S. Securities and Exchange Commission (“SEC”). The User acknowledges its understanding that OpenStocks is not registered nor licensed with, nor have our Services (or the software contained therein) been reviewed or evaluated by, the CFTC, SEC, or any other financial or banking regulator of any jurisdiction.
The User understands that we cannot and do not guarantee or warrant that files available for download from the internet or the Website or through the Services will be free of viruses or other destructive code. The User is responsible for implementing sufficient procedures and checkpoints to satisfy the User’s particular requirements for: (1) an appropriate Web3 Utility; (2) anti-virus protection and accuracy of data input and output; (3) its participation in and use of decentralized finance (“DeFi”) products, the Protocol, and any of the Services’ underlying blockchain and related technologies; and (4) maintaining a means external to our site to reconstruct of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, MAN-IN-THE-MIDDLE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT THE USER’S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO THE USER’S USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO THE USER’S DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
THE USER’S USE OF ANY OF THE SERVICES (AND ANY OF THEIR CONTENT) IS AT THE USER’S SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS’’ AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, NEITHER WE, NOR ANY PERSON ASSOCIATED WITH OpenStocks, MAKE, AND WE EXPLICITLY DISCLAIM, ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATED TO THE SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING (WITHOUT LIMITATION) THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER OpenStocks NOR ANY PERSON ASSOCIATED WITH OpenStocks MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. OpenStocks AND ANY PERSON ASSOCIATED WITH OpenStocks DO NOT REPRESENT OR WARRANT THAT: (1) ACCESS TO THE SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, WITHOUT DELAY, ERROR-FREE, SECURE, OR FREE FROM DEFECTS; (2) THAT THE INFORMATION CONTAINED OR PRESENTED ON THE WEBSITE OR VIA THE SERVICES IS ACCURATE, RELIABLE, COMPLETE, CONCISE, CURRENT, OR RELEVANT; (3) THAT THE WEBSITE, THE SERVICES, OR ANY SOFTWARE CONTAINED THEREIN WILL BE FREE FROM DEFECTS, MALICIOUS SOFTWARE, ERRORS, OR ANY OTHER HARMFUL ELEMENTS, OR THAT ANY OF SUCH WILL BE CORRECTED; OR (4) THAT THE WEBSITE OR THE SERVICES WILL MEET THE USER’S EXPECTATIONS. NO INFORMATION OR STATEMENT THAT WE MAKE, INCLUDING DOCUMENTATION OR OUR PRIVATE COMMUNICATIONS, SHOULD BE TREATED AS OFFERING ANY WARRANTY CONCERNING THE WEBSITE OR THE SERVICES. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY CONTENT, ADVERTISEMENTS, OFFERS, STATEMENTS, OR ACTIONS BY ANY THIRD PARTY EITHER REGARDING THE WEBSITE OR THE SERVICES.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL OpenStocks, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, CONTRIBUTORS, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USER’S USE, OR INABILITY TO USE, THE WEBSITE, THE SERVICES, THE PROTOCOL, ANY WEBSITES LINKED THROUGH OUR SERVICES, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THIS DISCLAIMER OF LIABILITY EXTENDS TO ANY AND ALL DAMAGES CAUSED BY ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, THOSE CAUSED BY FRAUD, DECEIT, OR MANIPULATION), WHETHER OR NOT A PARTICIPANT, OR ANY FAILURE, EXPLOIT, OR VULNERABILITY OF THE WEBSITE, SERVICES, THE PROTOCOL, THE USER’S WEB3 UTILITIES, OR THE UNDERLYING BLOCKCHAINS OR RELATED BLOCKCHAIN FUNCTIONALITIES. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF OpenStocks AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, CONTRIBUTORS, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE LOWER OF $100 OR THE AMOUNT YOU HAVE PAID DIRECTLY TO OpenStocks FOR THE APPLICABLE CONTENT OR SERVICES IN THE LAST THREE MONTHS OUT OF WHICH LIABILITY AROSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
All content made available on or through the Website and any hyperlinked or embedded site, application, dashboard, interface, documentation, forum, blog, chat channel, social-media account, newsletter, or other platform we operate or contribute to (together, the “Site”) is provided for your general information only, and much of it is compiled, derived, summarized, or reproduced from third-party sources that we neither control nor independently verify. We make no warranties of any kind in relation to any such content, including as to its accuracy, completeness, timeliness, currency, reliability, methodology, or suitability for any purpose, and content may be incomplete, superseded, mistaken, or out of date at any time without notice. No part of the content we provide constitutes financial, investment, trading, portfolio, legal, tax, accounting, actuarial, insurance, regulatory, or any other form of advice, and none of it is tailored to your objectives, circumstances, needs, or risk tolerance or is intended for your specific reliance for any purpose. Nothing on the Site or provided through the Services constitutes an offer, solicitation, invitation, inducement, marketing communication, prospectus, or recommendation to buy, sell, subscribe for, borrow, lend, stake, hold, or otherwise deal in any token, security, commodity, derivative, fund interest, or other asset, or to engage with the Services, in any jurisdiction where such an offer or solicitation would be unlawful or would require registration or licensing we do not hold. Any use of, or reliance on, our content is solely at your own risk and discretion.
Pre-IPO Tokens provide, at most, an attempted and imperfect form of economic exposure referencing the equity of designated private companies. They are bearer digital tokens. They confer no ownership, equity, shareholding, beneficial, or proprietary interest in any company; no voting, consent, governance, board, inspection, information, notice, pre-emption, tag-along, drag-along, anti-dilution, appraisal, or registration rights; no entitlement to dividends, distributions, interest, yield, or proceeds of any corporate action; no creditor, security, priority, or insolvency claim against any company, special purpose vehicle, custodian, or against us; and no legal, equitable, or contractual right to any underlying share or asset. Holding a token does not make you a shareholder, member, partner, limited partner, beneficiary, creditor, or client of anyone.
Tokens are not affiliated with, sponsored by, endorsed by, issued by, approved by, or in any way connected to the companies they reference, nor to those companies’ shareholders, officers, employees, advisors, or transfer agents. Company names, symbols, logos, and descriptions are used for identification and descriptive purposes only and do not imply any partnership, agency, license, joint venture, authorization, or endorsement. Referenced companies are private, are generally not subject to public-company reporting obligations, and may disclose little or no financial or operational information; information available about them may be stale, selective, unaudited, unverifiable, incorrect, or obtained from secondary sources.
OpenStocks is not a broker, dealer, broker-dealer, investment adviser, fund manager, alternative trading system, exchange or market operator, clearing house, transfer agent, custodian, trustee, bank, money transmitter, payment institution, virtual asset service provider, crypto-asset service provider, or any similar regulated entity, and is not registered, licensed, authorized, or supervised as such in any jurisdiction. Neither the Services, the Protocol, nor any token has been registered with, reviewed by, approved by, endorsed by, or passed upon by any securities, commodities, banking, or other financial regulator.
Exposure referenced by a token may be held indirectly through one or more special purpose vehicles, funds, feeders, series, nominees, trusts, custodial arrangements, forward or derivative contracts, participation or profit-sharing agreements, or other intermediate layers, organized in jurisdictions whose laws, courts, insolvency regimes, and enforcement mechanisms may be unfamiliar, untested, slow, expensive, or unfavorable to you. You have no direct relationship with, rights against, or claim on the assets of any such arrangement, and you are not a party to its constitutional or subscription documents. Failures, disputes, delays, impairments, or write-offs at the SPV or underlying-asset level do not give rise to any claim against us and do not entitle you to any refund, replacement, compensation, or reduction in fees.
Pre-IPO Tokens (branded as “OpenStocks”; in this Section, “Tokens”) are bearer digital tokens that reference economic exposure to designated pre-IPO companies. A Token name or symbol is used for identification and is purely descriptive. It must not be construed as indicating partnership, affiliation, endorsement, sponsorship, or issuance by the referenced company, or as conferring any status as a shareholder, member, partner, beneficiary, or creditor of that company or of any person that holds exposure to it. Token prices may loosely reflect a price per share or other reference value associated with the referenced company, and may also trade at prices that differ, including materially, from prices observed in other markets or from any valuation of the exposure that collateralizes them.
All information or content provided or displayed by the Website is for informational purposes only and should not be construed as any kind of professional advice (including, without limitation, legal, tax, accounting, financial, or investment advice). The User should not take or refrain from taking any action based on any information or content displayed or provided on the Website or through the Services. The User should seek independent professional advice from an individual licensed and competent in the appropriate area before the User makes any legal, tax, accounting, financial, investment, or other decisions where such should be considered prudent. The User acknowledges and agrees that, to the fullest extent permissible by law, it has not relied on OpenStocks, the content on the Website, or the Services for any professional advice related to its financial or legal behaviors.
These Terms of Service, and the provision of the Website and the Services, are not intended to create any fiduciary duties between us and the User or any third party. Individual OpenStocks contributors never take possession, custody, control, ownership, or management of any crypto-assets or other property transmitted via the Website. To the fullest extent permissible by law, the User agrees that neither the User’s use of the Website or the Services causes us or any Participant to owe fiduciary duties or liabilities to the User or any third party. Further, the User acknowledges and agrees to the fullest extent such duties or liabilities are afforded by law or by equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated, and that we and any other Participant shall be held completely harmless in relation thereof. The User further agrees that the only duties and obligations that we or any Contributor owes the User, and the only rights the User has related to this Agreement or the User’s use of the Website or the Services, are those set out expressly in this Agreement or that cannot be waived by law. Further, the User agrees and understands that they are responsible for all applicable reporting requirements and deadlines, including taxes and relevant fees, and that we owe Users no affirmative duties with respect to said reporting requirements and deadlines.
Your crypto accounts are not checking or savings accounts. We do not provide any kind of insurance to you against any type of loss, including (without limitation) losses due to decrease in value of assets, assets lost due to a cybersecurity failure, losses due to the Website or its third-party integrations being unavailable or having performance issues, or from your or other individuals’ errors or malfeasance. In most jurisdictions crypto-assets are not considered legal tender, and most crypto-assets are not backed by any government. Neither your crypto-asset balances nor any of your transactions via the Website or Protocol or blockchain are covered by Federal Deposit Insurance Corporation (FDIC), Securities Investor Protection Corporation (SIPC), or other similar protections.
To the fullest extent permitted by law, you irrevocably and unconditionally waive, release, discharge, covenant not to sue, and agree to defend, indemnify, and hold harmless OpenStocks and all of its past, present, and future parents, subsidiaries, affiliates, contributors, officers, directors, employees, contractors, agents, successors, and assigns from and against any and all claims, demands, actions, causes of action, liabilities, losses, damages, costs, and expenses (including reasonable attorneys’ fees) of every kind—whether known or unknown, suspected or unsuspected, contingent or otherwise—arising out of or relating to (i) the Services in any form, version, upgrade, fork, or re-branding and (ii) any past, current, or future token or tokenized instrument offered, issued, purchased, acquired, held, received, staked, transferred, wrapped, unwrapped, distributed, sold, redeemed, deployed, upgraded, migrated, forked, or used in connection with the Services, including without limitation all Pre-IPO Tokens. You expressly waive the protections of California Civil Code § 1542 and any similar statute or doctrine that might limit the scope of this release to claims that are known or suspected to exist at the time of execution.
All matters relating to the Website and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the British Virgin Islands without giving effect to any law or rule that would cause the application of another jurisdiction’s law (whether of the British Virgin Islands or any other jurisdiction).
These Terms and any related documents are drafted in English. Any translations are provided solely for convenience; the English version controls.
If any dispute, controversy, or claim arises from the User’s use of the Website or the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, the User must first attempt to resolve the matter through good faith negotiations with OpenStocks. If the dispute cannot be resolved within 30 days of initiating these negotiations, it shall be finally resolved by binding arbitration by the London Court of International Arbitration under its Rules of Arbitration. The language of arbitration will be English. The tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. The User agrees to arbitrate solely on an individual basis. The User may not bring any claims as a plaintiff or class member in any class, collective, or representative arbitration proceeding, and the arbitral tribunal may not consolidate more than one individual’s claims or preside over any class or representative proceeding.
In addition, the User agrees that all aspects of the dispute, the arbitration proceedings, and any communications related to this Agreement, whether legal in nature or not, including but not limited to negotiations, settlement discussions, or private conversations, shall remain strictly confidential. The User shall not disclose any information regarding the process, the content of the discussions, or any related materials to any third party, except as required by law or as expressly permitted by OpenStocks in writing. This confidentiality obligation applies to all stages of the arbitration process and to any private or informal communications exchanged in connection with this Agreement, unless otherwise required by applicable law or with the express written consent of OpenStocks.
ANY CAUSE OF ACTION OR CLAIM THE USER MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR ITS USE OF THE WEBSITE MUST BE COMMENCED WITHIN SIX (6) MONTHS (OR IF THAT PERIOD IS NOT ENFORCEABLE, WITHIN ONE (1) YEAR) AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
The User is liable for all costs, expenses, and expenditures, including, without limitation, legal fees, court costs, arbitration costs, and any costs incurred by OpenStocks or its affiliates or associated parties (including the value of time spent by OpenStocks personnel) in enforcing this Agreement as a result of any breach by the User.
In the event of a breach of this Agreement by the User, OpenStocks is entitled to seek all appropriate legal remedies, including but not limited to injunctive relief and monetary damages. The User acknowledges that a breach of this clause may cause irreparable harm to OpenStocks, thereby justifying immediate injunctive relief to prevent any further breaches. In addition to any other rights and remedies available at law or in equity, OpenStocks shall have the right to an injunction restraining the User and any agents of the User, from directly or indirectly committing or engaging in any acts restricted by this Agreement. This includes, but is not limited to, any action that would continue, cause, or exacerbate a breach of the Agreement. Our right to seek injunctive relief shall not be construed as a waiver or limitation of any other rights or remedies that we may have under this Agreement or by law or equity, including the right to seek monetary damages.
You agree not to make any false, misleading, personalized, harassing or defamatory statements or representations (electronic, oral, written, or otherwise) to any person about OpenStocks, its affiliates, or associated parties, nor post, upload, or contribute false, misleading, personalized, harassing or defamatory information on any websites, social networks, or other mediums. Disparaging statements include any communication that would reasonably cause the recipient to question the business condition, integrity, competence, or product quality of the person or entity concerned. This does not limit your right to provide honest, objective feedback based on actual experience, as permitted by law.
We will not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of our obligations under these Terms or in providing the Services, when and to the extent such failure or delay is caused by or results from any events beyond our ability to control, including acts of God; flood, fire, earthquake, epidemics, pandemics, tsunami, explosion, war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, government order, law, or action, embargoes or blockades, strikes, labor stoppages or slowdowns or other industrial disturbances, shortage of adequate or suitable Internet connectivity, telecommunication breakdown or shortage of adequate power or electricity, and other similar events beyond our control.
In the event that any court or arbitrator determines that the duration of any restrictive covenant set forth in this Agreement is unreasonably long or short and therefore unenforceable, such duration shall be adjusted to the minimum extent necessary to make it enforceable. The revised duration shall reflect the shortest period deemed necessary by such court or arbitrator to protect the legitimate business interests of OpenStocks while ensuring fairness and reasonableness in light of all relevant circumstances. This adjustment shall apply to any and all time periods related to restrictive covenants within this Agreement and shall serve to modify such durations accordingly.
No waiver by OpenStocks of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of OpenStocks to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Service will continue in full force and effect.
The User is liable for all costs, expenses, and expenditures, including, without limitation, legal fees, court costs, arbitration costs, and any costs incurred by OpenStocks or its affiliates or associated parties (including the value of time spent by OpenStocks personnel) in enforcing this Agreement as a result of any breach by the User.
In the event of a breach of this Agreement by the User, OpenStocks is entitled to seek all appropriate legal remedies, including but not limited to injunctive relief and monetary damages. The User acknowledges that a breach of this clause may cause irreparable harm to OpenStocks, thereby justifying immediate injunctive relief to prevent any further breaches. In addition to any other rights and remedies available at law or in equity, OpenStocks shall have the right to an injunction restraining the User and any agents of the User, from directly or indirectly committing or engaging in any acts restricted by this Agreement. This includes, but is not limited to, any action that would continue, cause, or exacerbate a breach of the Agreement. Our right to seek injunctive relief shall not be construed as a waiver or limitation of any other rights or remedies that we may have under this Agreement or by law or equity, including the right to seek monetary damages.
You agree not to make any false, misleading, personalized, harassing or defamatory statements or representations (electronic, oral, written, or otherwise) to any person about OpenStocks, its affiliates, or associated parties, nor post, upload, or contribute false, misleading, personalized, harassing or defamatory information on any websites, social networks, or other mediums. Disparaging statements include any communication that would reasonably cause the recipient to question the business condition, integrity, competence, or product quality of the person or entity concerned. A breach entitles OpenStocks to injunctive relief and monetary damages in addition to all other remedies. This does not limit your right to provide honest, objective feedback based on actual experience, as permitted by law.
We will not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of our obligations under these Terms or in providing the Services, when and to the extent such failure or delay is caused by or results from any events beyond our ability to control, including acts of God; flood, fire, earthquake, epidemics, pandemics, tsunami, explosion, war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, government order, law, or action, embargoes or blockades, strikes, labor stoppages or slowdowns or other industrial disturbances, shortage of adequate or suitable Internet connectivity, telecommunication breakdown or shortage of adequate power or electricity, and other similar events beyond our control.
In the event that any court or arbitrator determines that the duration of any restrictive covenant set forth in this Agreement is unreasonably long or short and therefore unenforceable, such duration shall be adjusted to the minimum extent necessary to make it enforceable. The revised duration shall reflect the shortest period deemed necessary by such court or arbitrator to protect the legitimate business interests of OpenStocks while ensuring fairness and reasonableness in light of all relevant circumstances. This adjustment shall apply to any and all time periods related to restrictive covenants within this Agreement and shall serve to modify such durations accordingly.
No waiver by OpenStocks of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of OpenStocks to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Service will continue in full force and effect.
OpenStocks may assign or transfer these Terms (in whole or part) at any time without notice. You may not assign or transfer any rights or obligations hereunder without our prior written consent, and any attempted assignment by you is void.
These Terms of Service, the Privacy Policy, and any other document incorporated by reference herein constitute the sole and entire agreement between the User and OpenStocks regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
If you have read all of the above in full and still have questions about this Agreement, you may contact us via the in-app support functionality or at [email protected].
