TERMS & CONDITIONS OF USE

Effective date: 1 November 2023

This is a binding contract (“Terms and Conditions of Use”) between you and Oriole Insights (“Oriole”, “we”, “us”, “our”).

These Terms and Conditions of Use govern your access to and use of our website, products, and services (collectively referred to as “Services”). We want to ensure that your experience with us is both enjoyable and secure, and these Terms and Conditions of Use outline the rules and guidelines that govern your interactions with our website (https://orioleinsights.io/) (referred to as “Platform”).

Further, we may automatically upgrade our Services, and these Terms and Conditions of Use will apply to such upgrades. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE (OR CEASE USING) OUR SERVICES.

We encourage you to CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE, AS THEY FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND ORIOLE INSIGHTS. WE ONLY GRANT ACCESS TO OUR SERVICES TO USERS WHO HAVE ACCEPTED THESE TERMS AND CONDITIONS OF USE AND OUR PRIVACY POLICY.

  1. PRIVACY

1.1. See our Privacy Policy for details on how we collect, store, and share user information.

  1. AGE RESTRICTIONS

2.1. The Services are not intended for users who are under the age of 18. In order to create an account for the Services, you must be 18 years of age or older. By registering, you represent and warrant that you are 18 years of age or older.

  1. SERVICES

3.1. Oriole is a space where all the crypto community, newbies, and professionals can make their price movement predictions. Oriole allows users to determine the market sentiment, evaluate the best predictors and calculate the accuracy of predictions. All the data on our Platform is publicly accessible and free of charge.

  1. REPRESENTATIONS AND WARRANTIES

4.1. As a condition to accessing or using the Services or the Platform, you further represent and warrant that: 1. you are of a minimum age of 18 years; 2. you have reached the minimum age from which, in accordance with your jurisdiction, you may receive the Services; 3. you are of legal age and not a minor as defined by the laws of your jurisdiction; 4. you are not a person prohibited from receiving the Services in your jurisdiction; 5. you are legally acknowledged as capable of entering into binding contracts as per the relevant laws; 6. you have obtained all required consents from any individual whose personal information you transfer to us in connection with your use of the Services; 7. you will refrain from engaging in any actions that: (i) entail funds obtained from illegal or illicit activities (including involvement in cryptocurrency tumblers, darknet markets, money laundering, or financing terrorism); (ii) release, distribute, or propagate any illegal or unlawful content or information; or (iii) in any other way infringe upon, or potentially infringe upon, any relevant laws; 8. you are not an individual / a person who is a citizen, domiciled in, resident of, or physically present / located in Restricted Jurisdictions and Territories; 9. you are not a member of any sanctions list or equivalent maintained by the Ukrainian government, the United States government, the United Kingdom government, the European Union, or the United Nations (collectively, “Sanctions Lists Persons”) and you do not intend to transact with any Restricted Person or Sanctions List Person; 10. you do not, and will not, use VPN software or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the Services; 11. not prohibited from receiving the Services under the laws of the applicable jurisdiction.

4.2. Under these Terms and Conditions of Use, Restricted Jurisdictions and Territories are: 1. Russian Federation 2. Republic of Belarus 3. Democratic People's Republic of Korea 4. Iran 5. Any jurisdiction in which the ORI sale or our Services, the Platform are prohibited, restricted or unauthorised in any form or manner whether in full or in part under the Laws, regulatory requirements, or rules in such Jurisdiction.

4.3. Oriole reserves the right to select markets and countries in which to do business and may, at its sole discretion, restrict or refuse to provide its Services in certain countries and/or territories, including but not limited to Restricted Jurisdictions and Territories, the temporarily occupied territories of Ukraine, such as Kherson, Zaporizhzhia, Donetsk, Luhansk Regions and the Autonomous Republic of Crimea.

  1. ACCOUNT & USER CONTENT

5.1. In order to access certain features of the Platform you may be required to create your personal account (“Account”). You declare and guarantee to Oriole that all the details you provide while setting up your Account are truthful, up-to-date, and comprehensive. Additionally, you commit to maintaining the accuracy, currency, and completeness of your Account information. If we have reasonable grounds to suspect that the information in your Account is false or incorrect, we retain the sole and absolute discretion to suspend or terminate your Account.

5.2. Certain functions of the Platform may enable Users to access, contribute, save, or manage opinions, predictions, or endorsements. Any content, including messages, text, photos, videos, software, and other materials, you submit through your Account is classified as User Content. By posting or publishing User Content on the Platform or through the Services, you assure that:

1. You possess all the necessary rights to submit and distribute User Content on the Platform or through the Services. This assurance can be attributed to either being the original author of the User Content or holding the requisite distribution rights, licenses, consents, and/or permissions in written form, obtained from the copyright holder or other owner of the User Content.

2. The User Content does not infringe upon the rights of any third party.

5.3. You are solely and entirely responsible for any actions carried out on your Account, regardless of whether they are authorized by you, and for all of your User Content or User Content submitted via your Account, along with the outcomes and background associated with its distribution. You are required to promptly inform us of any security breach or unauthorized usage of your Account. Oriole will not be held responsible for any losses you suffer as a result of unauthorized Account use. Nevertheless, you may be liable for any losses incurred by Oriole or others as a result of actions taken through your Account, regardless of whether those actions were taken by you, an authorized individual, or an unauthorized individual.

5.4. You are not permitted to generate, publish, retain, or distribute any User Content that breaches these Terms and Conditions of Use or for which you lack all the requisite rights to provide us with the license as outlined above. You affirm and guarantee that your User Content, along with our use of it as authorized by these Terms and Conditions of Use, will not infringe upon the rights of any individual or entity or cause harm. While we are not obliged to screen, modify, or supervise User Content, we retain the right to erase or withdraw User Content at our discretion, at any time, and for any reason, with or without prior notice.

5.5. You hereby provide Oriole with a royalty-free, fully paid-up, sublicensable, transferable, perpetual, irrevocable, non-exclusive, and applicable worldwide license that grants Oriole the right to utilize, replicate, alter, create derivative works from, exhibit, execute, publish, and distribute any User Content you submit, regardless of the format, medium, or method, including, but not limited to, promoting Oriole, its affiliates, the Services, or the Platform.

  1. INTELLECTUAL PROPERTY RIGHTS

6.1. All product or service names, logos, and other symbols featured on the Platform or as part of the Services, including without limitation the name and logo, all designs, text, graphics, pictures, information, data, software, sound files, other files, are intellectual property of Oriole, its affiliates, or the relevant licensors (“Oriole Materials”). You are prohibited from replicating, imitating, or utilizing them without obtaining prior written consent from Oriole or the appropriate licensors.

6.2. You are granted a personal, limited, non-sublicensable, non-exclusive, revocable license to access and use Oriole Materials and all the Services available and / or access or use any content that may be available through our Services in accordance with these Terms and Conditions of Use for the sole purpose of enabling you to use and enjoy the Services.

6.3. These Terms and Conditions of Use do not grant you any entitlement to exercise any control over this intellectual property. Furthermore, you are not permitted to delete, obscure, or modify any legal notifications displayed within or alongside the Services.

  1. ACCOUNT TERMINATION POLICY

7.1. You are free to stop using the Services at any time by deleting your Account from the Platform. Oriole reserves the right to cease your access to this Platform or the Services offered on this Platform if they are found to be in breach of these Terms and Conditions of Use (as determined solely by Oriole), without prior notice. Additionally, Oriole may revoke your access to this Platform or the Services if there is reasonable cause to believe that you are a recurrent violator. Should Oriole decide to terminate your access to this Platform or the Services provided here, Oriole may, at its sole and absolute discretion, delete and eliminate any data and files you have stored on its servers.

7.2. Oriole explicitly retains the right, at its sole and absolute discretion, to refuse, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services for various reasons, including but not limited to the following:

1. To rectify any errors made by Oriole in the provision or delivery of any Services.

2. To aid in the detection and prevention of fraud and abuse, reinforcing our security measures.

3. To comply with requests from law enforcement.

4. To adhere to any dispute resolution process.

5. To defend against any legal action or potential legal action, irrespective of its eventual merit or outcome.

6. To prevent any civil or criminal liability on the part of Oriole, its officers, directors, employees, agents, and affiliates, including situations where you have initiated or threatened legal action against Oriole.

7. To address an excessive volume of complaints connected in any way to your Account or your content, which might potentially harm Oriole’s business, operations, reputation, or shareholders.

  1. LINKS TO THIRD-PARTY WEBSITES

8.1. The Platform may include links to third-party websites, that are neither owned, controlled, nor affiliated with Oriole. Consequently, Oriole disclaims any liability for the content, terms and conditions, privacy policies or practices of such websites. Furthermore, Oriole does not engage in censorship or content editing of third-party websites, nor does it conduct checks for viruses, bugs, or malware on these websites. By utilizing this Platform or the Services accessible through it, you unequivocally and permanently release Oriole from any and all obligations and liability arising from your use of third-party websites. Oriole highly recommends that you exercise caution when departing from this Platform by following any links embedded within it. It is advisable to review the terms and conditions, privacy policies, and other governing documents of each third-party website you may visit or be directed to

  1. NO FINANCIAL, OTHER PROFESSIONAL ADVICE OR FIDUCIARY DUTIES

9.1. All information provided in connection with your use of the Platform and the Services is intended solely for informational and entertaining purposes and should not be interpreted as professional advice. You should neither take nor refrain from taking any action solely based on any information found on the Platform or any other content we provide, including but not limited to blog posts, articles, links to third-party content, news feeds, tutorials, social media content, and videos. The content on the Platform does not constitute investment, financial, or any other form of advice, nor does it serve as a recommendation, invitation, inducement, or solicitation to buy or sell securities or any other financial instruments. It is not intended to prompt any individual to engage in or arrange any transaction based on the information or data provided on or through the Platform. Prior to making any financial, legal, or other decisions related to the Services, it is advisable to seek independent professional guidance from a licensed and qualified individual in the relevant field. When you utilize or apply any information or data obtained from this Platform, you acknowledge that neither Oriole nor any of its affiliates, agents, officers, or employees will be held responsible or liable for any loss, cost, expense, or damage resulting from any investment, purchase, or financial decision made by you (or on your behalf) relying on such information or data.

9.2. These Terms and Conditions of Use are not meant to establish or impose any fiduciary responsibilities on our part. You also concur that the only duties and responsibilities we owe you are those explicitly outlined in these Terms and Conditions of Use.

  1. ASSUMPTION OF RISKS

10.1. As a user of our Platform, you acknowledge and assume the following risks associated with using our Services:

Market Volatility: Financial markets, including stock markets, are inherently volatile and subject to fluctuations. Market conditions can change rapidly, and investments can go up or down in value. The Platform's predictions and information may not accurately reflect market developments, and you understand that market volatility can result in financial gains or losses.

Uncertainty of Predictions: The predictions and recommendations provided by the Platform are based on data analysis and historical trends. However, they do not guarantee future results. Predictions inherently involve uncertainty, and there is no assurance that any prediction will prove to be accurate.

Data and Technical Risks: The accuracy and reliability of data, including data used by the Platform, can be subject to errors, omissions, and technical issues. You acknowledge that data-related risks exist and may affect the quality of information provided.

Technical Disruptions: Technical issues, including but not limited to website downtime, server outages, or data errors, can disrupt the availability and functionality of the Services.

User Decisions and Actions: The information on the Platform and other resources accessible through the Services may not consistently be entirely precise, exhaustive, or up-to-date, and could also contain technical inaccuracies or typographical errors. The Platform’s predictions and recommendations are not endorsements or guarantees of success. You understand and accept that all decisions and actions based on information contained on the Platform or as part of the Services are your sole responsibility.

Third-Party Content: The Platform may include links to or incorporate data from third-party sources. The accuracy, reliability, and timeliness of such third-party content are beyond our control, and you assume the risks associated with using such content.

Regulatory and Legal Risks: You are responsible for complying with all relevant laws and regulations when using the Services. Regulatory changes may impact the use of our Services.

10.2. By using the Platform, you acknowledge and willingly assume these risks.

  1. LIMITATION OF LIABILITY

11.1. RIOLE, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS WILL NOT ASSUME RESPONSIBILITY FOR OR BE LIABLE TO YOU FOR ANY LOSSES. ORIOLE WILL NOT BE HELD ACCOUNTABLE FOR ANY USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, ADVERSE OUTCOMES, OR CLAIMS ARISING FROM:

(a) VIRUSES, WEB WORMS, BUGS, TROJAN HORSES, OR SIMILAR MALICIOUS CODE THAT MAY BE TRANSMITTED TO OR FROM THE PLATFORM OR ANY LINKED SITES;

(b) USER CONTENT OR CONTENT THAT MAY BE DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, OBSCENE, OR OTHERWISE OBJECTIONABLE;

(c) USER ERRORS SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY EXECUTED TRANSACTIONS, OR MISTYPED WALLET ADDRESSES;

(d) SERVER FAILURES OR DATA LOSS;

(e) ISSUES WITH CRYPTOCURRENCY WALLETS OR DAMAGED FILES;

(f) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE PLATFORM;

(g) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING, OR OTHERWISE) TO THE PLATFORM;

(h) THE SERVICES OFFERED ON THE PLATFORM OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING, OR OTHERWISE) TO THE PLATFORM;

(i) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY STORED CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION, OR OTHER DATA;

(j) PROPERTY DAMAGE OF ANY KIND;

(k) INTERRUPTION OR DISRUPTION OF SERVICES TO OR FROM THE PLATFORM OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING, OR OTHERWISE) TO THE PLATFORM;

(l) ANY THIRD-PARTY ACTIONS, INCLUDING, WITHOUT LIMITATION, THE USE OF VIRUSES, PHISHING, BRUTE-FORCING, OR OTHER ATTACK METHODS AGAINST ANY BLOCKCHAIN NETWORK UNDERPINNING THE SERVICES; AND/OR

(m) ANY LOSS OR DAMAGE OF ANY NATURE ARISING FROM YOUR USE OF THE PLATFORM OR THE SERVICES OFFERED HERE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY.

11.2. THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY SUCH INCIDENTS AND WILL NOT BE LIABLE FOR ANY RESULTING CONSEQUENCES.

  1. INDEMNIFICATION

12.1. You agree to protect, indemnify and hold Oriole, its officers, directors, employees, and agents harmless from any and all claims, demands, expenses, costs, losses, liabilities, and damages, including legal fees, of any kind and nature. These may be imposed upon or incurred by Oriole directly or indirectly due to (a) your use of and access to this Platform or the Services available on this Platform; (b) your breach of any provision in these Terms and Conditions of Use or the incorporated policies or agreements; (c) your infringement of any third-party rights, including but not limited to intellectual property or other proprietary rights.

12.2. The responsibilities for indemnification outlined in this section will remain in effect even after the termination or conclusion of these Terms and Conditions of Use or your usage of this Platform or the Services available on this Platform.

  1. COMPLIANCE WITH LOCAL LAWS

13.1. Oriole does not assert or guarantee that the content accessible on the Platform or the Services provided are suitable for every country or jurisdiction. Accessing the Platform or the Services from countries or jurisdictions where the content is prohibited by law is not allowed. Users who opt to access the Platform or the Services are accountable for adhering to all local laws, regulations, and rules.

  1. SEVERABILITY

14.1. If any provision of these Terms and Conditions of Use is held to be illegal, invalid or unenforceable, such provision (to the extent that it is illegal, invalid or unenforceable) shall not apply and shall be deemed not to have been incorporated into these Terms and Conditions of Use, but this shall not affect the legality, validity or enforceability of any other provision of these Terms and Conditions of Use.

  1. DISCLAIMER OF WARRANTIES

15.1. Oriole offers its Services to users under the following disclaimers and limitations of warranties:

No Investment Advice: The information, predictions, recommendations, and content provided by the Platform are for informational and entertaining purposes only. The Platform does not provide investment advice, financial recommendations, or endorsements for specific stocks, securities, or investment strategies. You are solely responsible for your investment decisions, and Oriole shall not be held liable for any financial losses incurred.

No Guarantee of Accuracy: Oriole makes reasonable efforts to ensure the accuracy and reliability of information provided. However, the accuracy, completeness, or reliability of the predictions and data provided cannot be guaranteed. You acknowledge that prediction markets inherently involve uncertainty, and past performance is not indicative of future results.

Use at Your Own Risk: The use of our Services is at your own risk. Oriole makes no representations or warranties, express or implied, regarding the suitability, reliability, availability, or quality of its Services. You are responsible for conducting your own research and due diligence before making any investment decisions.

No Financial Responsibility: Oriole shall not be held responsible for any financial or non-financial consequences resulting from the use of its Services, including but not limited to investment losses, missed opportunities, or any other damages or losses. You agree to indemnify and hold Oriole, its affiliates, agents, officers, directors and employees harmless from any claims or liabilities arising from your use of the Services.

No Endorsement or Recommendation: Any mention of specific stocks, securities, or investment strategies on the Platform should not be construed as an endorsement or recommendation. The Platform does not endorse, recommend, or promote any specific investments, and you should exercise caution and seek professional advice before making any investment decisions.

Third-Party Data and Content: The Platform may incorporate data, content, or links from third-party sources. Oriole does not endorse or verify the accuracy of third-party content and shall not be responsible for any errors, omissions, or inaccuracies in such content.

No Warranty of Availability: Oriole does not guarantee uninterrupted access to its Services. You acknowledge that technical issues, maintenance, or other factors may disrupt service availability.

No Liability for User Actions: Oriole is not responsible for the actions, decisions, or behaviour of its users. You are solely responsible for your interactions and communications with other users.

Changes to Services: Oriole reserves the right to modify, suspend, or discontinue its services at any time without prior notice. Oriole shall not be liable for any inconvenience, loss, or disruption resulting from such changes.

15.2. The Platform and the Services, including their content and functionality, offered by us or on our behalf, are provided on an “as is” and “as available” basis. Without restricting the aforementioned, we do not declare or guarantee that the Platform or the Services (including any associated data) will be continuous, available at specific times, or free from errors. Additionally, we do not assure that any errors in the Platform or the Services can be corrected or will be corrected.

15.3. By using the Platform, you acknowledge and accept these disclaimers and limitations of warranties. You are encouraged to independently verify information and seek professional advice before making any financial decisions.

  1. GOVERNING LAW, DISPUTE RESOLUTION & ARBITRATION

16.1. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of Ukraine.

16.2. All disputes arising out of or in connection with these Terms and Conditions of Use and/or the Services are subject to the exclusive jurisdiction of International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry in accordance with its Rules.

16.3. In the event of any dispute, disagreement or claim arising out of these Terms and Conditions of Use and/or the Services, the substantive law of Ukraine shall apply.

16.4. In the event of any dispute, the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry shall apply the procedural law of Ukraine.

16.5. The arbitral tribunal shall consist of a sole arbitrator. The place of arbitration shall be Kyiv. The language of the arbitration shall be Ukrainian.

  1. MODIFICATION OF THESE TERMS, PLATFORM OR SERVICES

17.1. We reserve the right to make alterations to these Terms and Conditions of Use at our discretion. When adjustments are made, we will publish the updated Terms and Conditions of Use on the Platform and revise the “Effective date” date at the beginning of these Terms and Conditions of Use. Therefore, we recommend that you periodically refer to and review these Terms and Conditions of Use. Any modified Terms and Conditions of Use will take effect no sooner than 14 days after their publication. However, changes related to new Service features or those made to comply with legal requirements will take effect immediately. Your ongoing use of the Services after the effective date of such changes signifies your acceptance of these modifications. If you disagree with any amended Terms and Conditions of Use, you must cease using the Services and the Platform.

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