Last updated: Last updated: 12/09/2024
PLEASE REVIEW THESE TERMS OF SERVICE, NOTICES AND DISCLAIMERS CAREFULLY. BY ACCESSING AND/OR USING THE PLATFORM PROVIDED WITH RESPECT TO THE O.XYZ --- SOVEREIGN SUPER AI, YOU HAVE READ, UNDERSTOOD, AND ACCEPTED ALL OF THE FOLLOWING TERMS, AS WELL AS ALL OF THE TERMS WHICH ARE INCORPORATED HEREIN BY REFERENCE.
NOTHING HEREIN CONSTITUTES LEGAL, FINANCIAL, BUSINESS, INVESTMENT OR TAX ADVICE AND YOU SHOULD CONSULT YOUR OWN LEGAL, FINANCIAL, BUSINESS, INVESTMENT, TAX OR OTHER PROFESSIONAL ADVISOR(S) BEFORE ENGAGING IN ANY ACTIVITY IN CONNECTION HEREWITH. NEITHER ANY OF THE PROJECT PARTICIPANTS WHO HAVE WORKED ON THE PROJECT NETWORK OR DEVELOPERS OF THE PROJECT IN ANY CAPACITY WHATSOEVER, ANY DISTRIBUTOR/VENDOR CONNECTED WITH THE PROJECT, NOR ANY SERVICE PROVIDER SHALL BE LIABLE FOR ANY KIND OF DIRECT OR INDIRECT DAMAGE OR LOSS WHATSOEVER WHICH YOU MAY SUFFER IN CONNECTION WITH ACCESSING THIS DISCLAIMER AND TERMS OF SERVICES, THE PLATFORM AND ITS SERVICES, THE WEBSITE OR ANY OTHER WEBSITES OR MATERIALS PUBLISHED AND RELATED TO THE PROJECT.
The following terms and conditions concern the O.XYZ -- Sovereign Super AI (hereinafter the "Project") including the relevant notices and disclaimers (collectively, the "Terms") regulates the use of the token (as defined below) and of the platform in relation to the Project (hereinafter the "Platform"), as well as the contractual relationship between individuals, companies and foundations (including their respective affiliates), service providers that directly or indirectly are connected to the Project ("Project Network") and you ("You" or "Your"). Therefore, these Terms are entered into by You and the relevant entity connected to the Project Network. The Project is available at the following website https://www.o.xyz/ (the "Website").
By accessing and/or using the services related to the Project (the "Services"), You have read, understood, and accepted all of the following Terms and agree to be legally bound by these Terms, in their most recent version; You further represent and warrant that: (i) You are of legal age to enter into a binding agreement; and (ii) if You represent a corporation, governmental organization or other legal entity, You have the right, power and authority to enter into these Terms on behalf of such corporation, governmental organization or other legal entity and to legally bind it to these Terms.
Your access and/or use of the Platform and its Services is contingent upon Your acceptance of these Terms.
These Terms can be amended at any time. Amendments will be effective 14 (fourteen) days after the modified terms and conditions have been posted on the Website, except for amendments that relate to new features or made for legal reasons, which will become effective immediately. If You do not agree to such modified terms, You should discontinue Your use of the Services.
The Project was established to build the world's first sovereign super artificial intelligence ("AI")---a decentralized intelligence system governed and owned by a community-driven network. This Project combines over 100,000 open-source models and a robust 8-exaflop hardware infrastructure to propel AI advancements, making super intelligence accessible for individual and communal empowerment.
Project's mission is to construct an AI ecosystem that promotes autonomy, avoiding centralized control, to ensure intelligence serves humanity. The Project's technical protocol includes the $O Coin (hereinafter the "Token").
You are aware that certain technical difficulties or maintenance may, from time to time, result in temporary interruptions of the Platform and its Services related to the Project. To the extent permissible under applicable law, the functions and features of the Platform and its Services could be modified or discontinued, temporarily or permanently, with or without notice, and without any liability of any individuals or entities of the Project Network at any time.
The Token is a digital representation of a value or of a right that can be transferred and stored electronically using distributed ledger technology or similar technology. The Token is classified as a native digital cryptographically secured utility token which is intended to provide access to the Project's Platform and its Services. Specifically, the Token allows You to:
access the Project Network ecosystem, including its services and products available on the Website. These services and products operate exclusively with the Token, as they are integral to the Project Network ecosystem. This includes, for example, Software as a Service (SaaS) products available as web and mobile applications.
acquire the Token by actively engaging in the Project's community and contributing to the development of various projects within the Project Network ecosystem.
utilize computing power through GPUs and CS-3 Cerebras Atlas chips provided by Atlas Datacenter owners and GPU DePIN operators.
leverage Application Programming Interfaces (APIs) with metered consumption across Project Network's Machine Learning as a Service (MLaaS) offerings, including options for temporary high-volume API access at premium rates.
You are aware that crypto assets can be highly risk, and their regulatory treatment is unsettled in many jurisdictions. There may be no regulatory recourse for any loss from transactions in relation to the Token. Any value ascribed to the Token may change quickly and may be lost in its entirety. Further, the technologies comprising the Project, including the Token, are experimental in nature and could cause the actual outcomes to differ materially from what is expressed or implied herein. You are cautioned not to put undue reliance on Project future-looking estimates and statements. The content of this Terms and any related document speaks only as of the date thereof. There is no guarantee that the Platform and its Services will operate as planned. Holding, buying, or selling Tokens may not be permitted where You live, and it is Your responsibility to comply with all applicable laws.
You expressly acknowledge that the Token:
does not have any tangible or physical manifestation, and does not have any intrinsic value (nor does any person make any representation or give any commitment as to its value), and may lose its value in part or in full;
is non-refundable and cannot be exchanged for cash (or its equivalent value in any other virtual currency) or may not always be transferrable or liquid;
does not represent or confer to You any right of any form with respect to the Project and any company, foundation, respective affiliates and service providers directly or indirectly connected to the Project, or its revenues or assets, including without limitation any (i) right to receive future dividends, revenue, shares, ownership right or stake; (ii) any voting, distribution, redemption, liquidation, proprietary including all forms of intellectual property or license rights; (iii) right to receive accounts, financial statements or other financial data; (iv) the right to participate in shareholder meetings, to nominate a director or other equivalent financial or legal rights;
is not intended to represent a security, commodity, bond, debt instrument, unit in a collective investment scheme or any other kind of financial instrument or investment.
Participation in the Project should only be considered by those who thoroughly understand the goals and risks of the Project. The Project is designed for informed users and those who can assess both the anticipated benefits and associated risks. The Project is provided on an "as is" basis, without any warranties, and the entities and individuals directly or indirectly linked to the Project Network disclaim any liability arising from the use of the Token, the Platform and its Services.
The Token's value may change due to Project developments, cryptocurrency market trends, and global economic factors. You should only hold the Token with the understanding that it may lose any value attributed to it.
Price indicators of the Tokens from online sources may be unreliable due to regional trading restrictions or activities like self-dealing or wash trading, which could distort actual market prices. These factors, along with regulatory issues, may affect the usability of the Token in commercial transactions in certain jurisdictions.
While crypto assets are increasingly accepted by major retailers and commercial outlets, consumer demand for crypto assets has largely been driven by speculative interest. For the Project to succeed, it will require widespread user adoption across jurisdictions.
The Token exists as ledger entries at a specific "public address" on a blockchain network and ownership refers to control over the Token(s) via the "private key" associated with that address. It is essential for You to secure Your private keys carefully, as the loss of private key access---whether through misplacement or unauthorized access---leads to the permanent and irretrievable loss of the Token and no third party is able to recover lost Token(s).
Technical issues, errors, or failures to adhere to the Token's handling instructions within digital wallets may also result in losses of such Token.
The tax rules applicable to the Token are uncertain and may vary by jurisdiction. You are advised to consult independent tax advisors regarding any potential tax liabilities related to the Token acquisition, use, or sale. Transactions involving the Token may lead to tax obligations, including withholding taxes, income taxes, or tax reporting requirements. The use of the Token may be subject to income, capital gains, or sales taxes, depending on jurisdictional regulations.
The regulatory landscape governing the Project and the Token is also evolving, and it is uncertain. Regulatory changes, enforcement actions, or new interpretations may negatively impact the Token and its value. Such changes might classify the Token as a financial instrument, thus imposing possible licensing or further regulatory requirements. These shifts could prompt changes to the Project's structure or halt the Token distribution.
As global attitudes toward crypto assets evolve, policymakers may broaden regulatory oversight, impacting the Project. Should the Token become subject to licensing or registration requirements, their utility in specific regions could diminish.
Countries like the European Union, China, and the United States are implementing or considering policies affecting blockchain networks including those on which the Project is based. Regulation (EU) 2023/1114 ("MiCA"), for example, mandates licensing for crypto businesses and issuer of crypto assets, and China has enforced regulations prohibiting specific crypto asset activities. U.S. Congress has also proposed relevant legislation. These policies may directly impact the Project and the usability of the Token.
All the software and the technologies related to the Project (including the Platform) are in its early development stage, thus they may contain, for example, coding errors or security vulnerabilities. Potential issues, such as cyberattacks, 51% attacks, and other threats, could compromise the Project's security and undermine users' trust. Also, potential malicious activities, such as hacking or social engineering threats, could occur. Security vulnerabilities in user interfaces or hardware devices may also arise, jeopardizing user data and the Project's reputation. If such breaches occur, as the Project's success depends on adoption on a broad user base, users may be reluctant to engage with the Project. Possible misconduct, misuses or breaches of these Terms could damage Project's reputation, deterring potential users and limiting Project viability as well as impacting the Project's operational continuity.
In general, You are aware and acknowledge that it is not always possible to control or predict actions of individuals connected to the Project or third parties, and any entity or individual of the Project Network may not be able to protect or provide a safe environment for You. Such actions may result in injuries, property damage for operators, users and third parties, reputational damage to the Project, or significant liabilities. Additionally, any third-party service provider linked to the Project may fail to provide the Services adequately. Consequently, there could be complaints, as well as actual or threatened legal actions which could adversely affect the ability to continue to support the Project.
If third parties engage in criminal activity, misconduct, or inappropriate conduct, the Project may not be considered safe, and it may receive negative press coverage, which would adversely impact the adoption or even the viability of the Project.
You acknowledge and agree that the Platform and its Services are the property of the entities or individuals of the Project Network or its licensors. Subject to Your compliance with these Terms, it is granted to You a limited right to access and/or use the Services. The right to access and/or use the Services through the Platform is tied to the Token and is a non-exclusive, non-transferable, revocable, limited licence, and it is subject to the limitations and obligations contained herein. Nothing in these Terms gives You any licence (other than as set out in this section), right, title, or ownership of, in, or to any of the Services.
All rights, titles, and interests in and to all copyrights, trademarks, trade secrets, patents, and other proprietary rights related to the Platform and its Services are exclusively reserved and protected under applicable intellectual property laws.
In order to provide You with the Platform and its Services, You acknowledge and agree that Your relevant personal data and/or information may be collected, stored and processed. By accessing and/or using the Platform and its Services, You have read, understood, and accepted to the relevant privacy policy, and You acknowledge and agree that such data and/or information in accordance with the terms of the privacy policy may be processed.
These Terms can be terminated or suspended as well as Your access to the Platform and its Services at any time, including, without limitation, in the event of Your alleged or actual misuse of the Platform and its Services or breach of these Terms.
By purchasing the Token and accessing the Platform and its Services, You acknowledge and agree to the representations and warranties stated in this section, namely
In considering whether to purchase the Tokens, You have not relied on any statements or representations made in the Token documentation (the "WhitePaper"), the Website, or associated materials;
You are solely responsible for compliance with any applicable laws, regulations, and restrictions related to Your access and use of the Token, the Platform and its Services, including all regulatory requirements;
You recognize and accept that the Token (i) may hold no intrinsic or monetary value, nor is there any guarantee or representation of liquidity or future worth; (ii) is intended to be strictly outside the scope of speculative or financial products; and (iii) it may lack transferability and liquidity, as the Token is not intended to be repurchased or resold on any kind of DLT trading venues; (iii) any entity or individual of the Project Network does not bear any responsibility or liability regarding the value, transferability, or liquidity the Token or possible exchanges of the Token on secondary markets; and
You represent that You are not a citizen, resident, or domiciliary of any jurisdiction in which the sale or purchase of the Token would be classified as a securities transaction or prohibited by local law.
The WhitePaper as well as any other kind of information provided within the Website do not constitute a prospectus, securities offering, investment solicitation, or an offer to sell any product, item, or asset---whether digital or otherwise. No information in the WhitePaper or Website should be interpreted as a guarantee, representation, or commitment regarding the future performance of the Project. The content is neither exhaustive nor implies any contractual obligation related to the acquisition of the Token, and no virtual currency or payment of any form will be accepted based on the information herein. Publication or distribution of the WhitePaper or Website does not automatically imply compliance with applicable laws, regulations, or rules in Your jurisdiction.
The accuracy and completeness of the information within the WhitePaper and Website are not guaranteed. Any contractual agreement for the purchase, sale, or transfer of the Token will be governed solely by its own terms and conditions, which should be carefully reviewed alongside the WhitePaper. The Project Network has not verified and no guarantee of accuracy or completeness of the references of third-party sources (if any) within the WhitePaper of the Website. Additionally, circumstances and information related to the Project (including Project's timeline) may change over time and can be updated any time, therefore the WhitePaper or the Website may become outdated. You acknowledge and understand that to the maximum extent permitted by the applicable law there is no obligation to update or amend these documents accordingly, as well as provide prior notice or additional information to You.
In no event will officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors of the entities directly or indirectly connected to the Project Network will be liable for any loss or damages, including without limitation, direct, indirect, special, consequential, or punitive loss or damages, arising from or related to Your use of the Platform and its Services, whether in an action of contract, tort or otherwise, and regardless of whether such damages were foreseeable and whether or not advised of the possibility of such damages.
Statements connected to the Platform, its Services, the Token, as well as public communications on the Website may involve known and unknown risks and uncertainties that could result in outcomes differing materially from those anticipated. Such statements are applicable only as of the date they are issued, and entities and individuals connected directly or indirectly with the Project Network are not responsible for such statements.
Without limiting the generality of the foregoing, individuals and entities directly or indirectly connected to the Project Network take no responsibility for and will not be liable for any financial or other loss or damages arising from or related to the use of the Platform and its Services, including, without limitation, to any of the following: (i) loss of or inability of accesses; (ii) technical failure, malfunction or shutdown; (iii) server failure, hacks or unavailability; (iv) data loss; (v) stolen, lost, or unauthorized use of Your means of authorization including private keys; (vi) errors calculating network fees; (vii) corrupted data on servers; (viii) incorrectly constructed transactions or mistyped wallet addresses; (ix) failure to update or provide correct information; (x) phishing or other websites masquerading as the Website; (xi) delays, interruptions or losses; (xii) loss of business or goodwill.
The Services are provided on an "as is" and "as available" basis without any representation or warranty of any kind, whether express or implied, to the maximum extent permitted by applicable laws. It is disclaimed any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement.
By accessing and/or using the Platform and its Services, You acknowledge and agree that You shall not use, or assist third parties to use, the Platform and its Services any way which may constitute a contravention of applicable laws or which may contradict the purposes or hinder the operations of the Platform and its Services or hinder the operations of other users of the Platform and its Services.
Without limitation to the foregoing, You acknowledge and agree that You shall not use, or assist third parties to use the Platform and its Services for illegal or fraudulent purposes, including violating these Terms, any applicable law and any court or competent authority rulings or orders.
To the fullest extent permitted under applicable laws, You agree to hold harmless and indemnify the officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors of the entities directly or indirectly connected to the Project Network from and against all third party claims and all liabilities, damages, assessments, losses, costs, or expenses (including reasonable attorney fees) resulting from or arising out of (i) Your alleged or actual breach of these Terms, including, without limitation, Your express representations and warranties; (ii) Your alleged or actual use or misuse of the Platform and its Services; and (iii) Your alleged or actual infringement or violation of any laws or of the rights of a third party.
These Terms constitute all the terms and conditions agreed and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.
Unless as otherwise stated in these Terms, should any provision of these Terms be held totally or partially invalid or unenforceable, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms, and the application of that provision shall be enforced to the extent permitted by applicable laws.
The failure to exercise or enforce any of the rights or provisions of these Terms shall not considered as a waiver of responsibility with respect to these Terms.
These Terms may be assigned and/or be delegated in any of its obligations hereunder, in whole or in part. In the event, You transfer or sell the Token these Terms will apply accordingly.
These Terms are subject to and governed by Panamanian law, excluding Panamanian international private law and any international treaties. All disputes arising from or under these Terms shall be subject to the exclusive jurisdiction of the competent courts of Panama City, Panama.
In the event of any discrepancies or conflicts between translated versions of the WhitePaper, the Website or any information provided therein or in connection with the Project and the English version, the English version shall prevail. By accessing these materials, You confirm that You have read, understood, and agreed to the English version.