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The platform available at www.oshi.co and related services are provided by Oshikatsu Labo ("Oshi"), along with its affiliated entities (referred to collectively as "we," "us," or "our"). Our mission is to develop community-driven software solutions that enhance individual autonomy in financial, social, and cultural spheres.
Please note that by using our services, you enter into an agreement to agree to resolve any disputes through binding arbitration. This means you waive your rights to traditional court proceedings, including jury trials and class actions. This binding arrangement governs all disagreements related to our platform and services, with limited exceptions detailed in the arbitration section below.
By utilizing any aspect of our platform - including our main website, affiliated domains, mobile applications, and all associated content and functionalities (collectively referred to as the "Platform") - you enter into a legally binding contract. This contract encompasses these Terms of Use, our Privacy Policy, and any other policies we reference (together forming the "User Agreement").
Should any inconsistency arise between these core terms and supplementary policies, these terms take precedence unless explicitly stated otherwise. If these conditions don't align with your preferences, please refrain from accessing or using any aspect of our Platform.
You must possess the legal capacity to form binding contracts in your jurisdiction to use our Platform. Your use of our services constitutes a confirmation of your legal ability to enter into this agreement. If you cannot legally enter into contracts, you must cease using our Platform immediately.
We retain the right to enhance, modify, or discontinue any aspect of our Platform at our discretion. This includes revising these terms as needed. Changes take effect immediately upon posting, and your continued use of our Platform indicates acceptance of any modifications. While we may notify you of significant changes, we recommend periodically reviewing these terms.
Users must adhere to the following guidelines:
Users bear responsibility for their interactions with others on our Platform. While we maintain the right to monitor user interactions, we are not obligated to do so. By using our Platform, you acknowledge that we cannot be held liable for disputes between users. You agree to release Oshi and its representatives from any claims arising from user conflicts, including both known and unknown claims.
When engaging with digital assets through our Platform, please note third-party marketplace transactions involving our digital assets ("Secondary Market Activities") are subject to those platforms' terms. We maintain no control over Secondary Market Activities, external marketplace functionality and we bear no responsibility for losses or issues arising from Secondary Market Activities.
For physical merchandise, please note we make no representations or warranties with physical merchandise, authentication features (like crypto chips) is provided, are provided as-is, and we reserve the right to address defects at our discretion. We shall have no liability to you for any failure to deliver or for any delay in doing so for any damage or defect to the goods which is caused by any act or circumstance beyond our reasonable control.
When engaging with blockchain technologies or smart contracts, you accept inherent risks, including potential losses from software bugs, system failures, cyberattacks, or changes to blockchain networks. Transactions recorded on blockchains are immutable, meaning they cannot be altered or reversed. It is your responsibility to safeguard your private keys and assets. We disclaim liability for any such risks, and if you are uncomfortable assuming them, you should not use the Services.
We are not liable for the content, functionality, or accuracy of any third-party services or platforms linked to or accessible through our Services. Use of these external services is at your discretion and risk.
The availability of our Site and Services may occasionally be affected by factors beyond our control, such as maintenance, technical issues, or disruptions to third-party infrastructure. We make no guarantees regarding uninterrupted access and disclaim any liability for temporary or permanent service unavailability.
Users bear sole responsibility for paying any and all taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority associated with their use of the Services, and/or payable as the result of using and/or exploiting any cryptoassets and interacting with smart contracts. Blockchain-based transactions are novel, and their tax treatment is uncertain. We do not provide tax advice or guarantee the tax treatment of any transaction.
By using the website, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the website through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; (5) you are not a national or resident of any country subject to U.S. sanctions or similar restrictions (currently, Cuba, Iran, Syria, North Korea, and the following regions of Ukraine: Crimea, Donetsk and Luhansk) and you are not on the U.S. Treasury Department’s list of Specially Designated Nationals or other sanctions lists; and (6) your use of the website will not violate any applicable law or regulation.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless the Company and its affiliates and its and their Representatives (collectively, the “Indemnitees”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys' fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (i) your use or misuse of the website, the Content, or the Company Products, (ii) your violation of these Terms, or (c) your violation of the rights of a third party, including another user of the website. You agree to promptly notify the Company of any third party Claims and cooperate with the applicable Indemnitee in defending such Claims. You further agree that the Indemnitees shall have the right to control of the defense or settlement of any third-party Claims.
To the fullest extent permissible by applicable law, Company disclaims all warranties, express or implied, including but not limited to implied warranties of quality, merchantability, fitness for a particular purpose and noninfringement, and there are no warranties, express or implied, which extend beyond the description of the merchandise. Company will not be liable for damages of any kind arising from the products, including but not limited to direct, indirect, incidental, punitive and consequential damages, loss of profit, revenue, opportunity, or data. This disclaimer of liability applies, without limitation, to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action (including extra-contractual liability). If you are dissatisfied with the website, your sole remedy is to discontinue use of the website.
In addition, Company specifically disclaims liability, and you hereby waive and release any and all claims, arising out of or in connection with: any blockchain or related technology; any digital wallet or similar technology or related service; the transfer or loss of any digital assets or the inability to demonstrate ownership or control of any digital assets, and any marketplace or other Services for buying, selling or transferring any digital assets.
Notwithstanding the foregoing, in the event that Company is found liable in respect of any loss, damage or cause of action (whether contractual, extra-contractual or otherwise) arising out of or in connection with (i) these Terms or any of the features or functionalities of the website or its content, or your use or inability of use thereof, Company’s liability shall not exceed the amount paid for use thereof or access thereto; or (ii) any product sold through the site, Company’s liability shall be strictly limited to the sale price of that product.
These Terms will be governed by Delaware law, regardless of the conflict of law provisions thereof and regardless of where you live or from where you access or use the website or order products therefrom.
