Last Updated: September 8, 2022
1.1. "Access Credentials" means the necessary security keys, secrets, tokens, and other credentials to access the API as defined below.
1.2. "API" means the necessary security keys, secrets, tokens, and other credentials to access the API as defined below.
1.3. "Content" means any information, code, data, functionality, website design text, software, music, audio, photographs, graphics, video, messages, tags and/or other materials.
1.4. "Digital Asset" means any cryptocurrency, cryptoasset, blockchain-based token, or other digital asset. defined below.
1.5. "Feedback" means any ideas, suggestions, documents, and/or proposals that you submit to Octav through any communication channel or otherwise through the Services.
1.6. "Marks" means Octav’s trademarks, service marks and logos.
1.7. "Octav" means Octav Labs Inc.
1.8. "Octav Parties" means Octav, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers and licensors.
1.9. "Open-Source Software" means any software or components thereof subject to “open source” or “free software” licenses.
1.11. "Registered User" is a user which has a valid Wallet, through which the user has connected to the Services.
1.12. "Services" means your access to and use of Octav’s website, web application and/or services, which include, but are not limited to, portfolio transaction tracking and profit and loss reporting.
1.14. "Third-Party Service" means third-party websites, applications, extensions and advertisements for third parties accessible or otherwise connected to the Services but not provided by Octav.
1.15. "User Content" means any Content that is made available by Registered Users on or through the Services.
1.16. "Wallet" means a software-based system for secure storage of Digital Assets and payment information related thereto.
1.17. "you” or “your" means you and the entity you represent.
2.2. Fees. By using the Services, you agree to pay all applicable fees.
2.3. Updates. You acknowledge and agree that blockchain technologies are ever-evolving and advancing and that Octav may update the Services with or without notifying you. You may need to update third-party software from time to time in order to use the Services.
2.4. Necessary Equipment and Software. In order to use the Services and access certain of its features, you may need a Wallet that is supported by or compatible with the Services. You must provide all equipment, software, and hardware necessary to connect to the Services. You are solely responsible for any fees, including Internet connection, that you incur when accessing the Services. You are solely responsible for keeping your hardware devices secure. Octav will not be responsible if someone else accesses your devices and authorizes a transaction upon receipt of a valid transfer initiated using the Services.
2.5. Representations. You represent that you are not a person barred from using the Services under the laws of Canada, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur during your use of the Services. You agree that you shall monitor your use of the Services to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Services by minors.
3.4. Feedback. You agree that submission of Feedback is at your own risk and that Octav has no obligations with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Octav a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, for any purpose.
4.2. Developer Documentation. Your use of any of the available API and display of Content in the web application must comply with the technical documentation, usage guidelines, call volume limits, and other documentation available to you.
4.3. Access Credentials. You agree to keep your Access Credentials secret and you acknowledge and agree that all activities that occur using your Access Credentials are your responsibility. You may not sell, share, transfer, or sublicense the Access Credentials to any other party other than your employees or independent contractors.
5.1.1. provide false or misleading information to Octav;
5.1.2. use or attempt to use another Registered User’s Wallet without authorization from such Registered User;
5.1.3. pose as another person or entity;
5.1.4. use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other Registered Users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
5.1.5. develop, utilize, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair the Services;
5.1.6. bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Services;
5.1.7. attempt to circumvent any content-filtering techniques Octav employs;
5.1.8. use any robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by Octav to access the Services, extract data or otherwise interfere with or modify the rendering of Services pages or functionality;
5.1.9. collect or harvest data from the Services that would allow you to contact individuals, companies, or other persons or entities, or use any such data to contact such entities;
5.1.10. use data collected from the Services for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);
5.1.11. bypass or ignore instructions that control all automated access to the Services;
5.1.13. carry out any illegal activities in connection with or in any way related to your access to and use of the Services, including but not limited to money laundering, terrorist financing;
5.1.14. deliberately engage in activities designed to adversely affect the performance of the Services;
5.1.15. upload, post, e-mail, transmit or otherwise make available through the Services any Content that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; or
5.1.16. attempt to access any Wallet that you do not have the legal authority to access.
7.1. Blockchain Risk. In order to be successfully completed, any transaction involving Digital Assets initiated by or sent to your Wallet must be confirmed by and recorded on the blockchain supporting such Digital Asset. The Services rely on emerging technologies which involve a high degree of risk. Octav has no control over any blockchain and therefore cannot and does not ensure that any transaction details that you submit or receive via the Services will be validated by or confirmed on the relevant blockchain and does not have the ability to facilitate any cancellation or modification requests.
7.2. Acceptance and Acknowledgement. You accept and acknowledge that you take full responsibility for all activities that you effect through your Wallet and accept all risks of loss, including loss as a result of authorized and unauthorized access to your Wallet, to the maximum permitted by law.
7.3. Other Acceptances. You accept and acknowledge that:
7.3.1. You have the necessary technical expertise and ability to review and evaluate the security, integrity and operation of your Wallet.
7.3.2. You are financially and technically sophisticated enough to understand the inherent risks associated with using cryptocurrency and blockchain-based systems and upgrading your software and processes to accommodate protocol updates, and that you have a working knowledge of the usage and intricacies of Digital Assets, and in particular, you understand that blockchain-based transactions are irreversible.
7.3.3. You further understand and accept that Digital Assets present market volatility risk, technical software risks, regulatory risks, and cybersecurity risks. You understand that the cost and speed of a blockchain-based system is variable, that cost may increase dramatically at any time, and that cost and speed is not within the capability of Octav to control. You understand that protocol upgrades may inadvertently contain bugs or security vulnerabilities that may result in loss of functionality and ultimately funds. Octav makes no warranties as to the markets in which Digital Assets are transferred, purchased, or traded.
7.3.4. You are solely responsible for determining what, if any, taxes apply to your transactions of Digital Assets. Octav is not responsible for determining the taxes that apply to Digital Assets transactions.
7.3.5. You understand and accept that Octav does not control any blockchain protocol, nor does Octav control any smart contract that is not otherwise offered by Octav as part of the Services. You agree that you alone, and not Octav, is responsible for any transactions that you engage in with regard to supporting any blockchain protocol, or any transactions that you engage in with any third-party-developed smart contract or token, including Digital Assets that were created by a third party for the purpose of fraudulently misrepresenting affiliation with any blockchain project. You agree that Octav is not responsible for the regulatory status or treatment of any Digital Assets that you may access or transact with using the Services. You expressly assume full responsibility for all of the risks of accessing and using the Services to interact with blockchain protocols.
7.3.6. Octav does not store, send, or receive Digital Assets, with the exception of Digital Assets received in payment for the Services. This is because Digital Assets exist only by virtue of the ownership record maintained on its supporting blockchain, and so any transfer of Digital Assets occurs within the supporting blockchain and not in the Services. The transaction details you submit via the Services may not be completed, or may be substantially delayed, as a result of activity or lack thereof on the blockchain used to process the transaction. Once transaction details have been submitted through your Wallet, Octav cannot assist you to cancel or otherwise modify your transaction or transaction details. Octav makes no warranties or guarantees that a transfer initiated on the Services will successfully transfer title or right in any Digital Asset.
7.3.7. There are risks associated with using an Internet based currency, including but not limited to, the risk of hardware, software and Internet connections; the risk of malicious software introduction; the risk that third parties may obtain unauthorized access to information stored within your Wallet; and the risk of counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferable. You accept and acknowledge that Octav will not be responsible for any communication failures, disruptions, errors, distortions or delays or losses you may experience when using blockchain technology, however caused.
7.3.8. The regulatory regime governing blockchain technologies and Digital Assets is uncertain, and new regulations or policies may materially adversely affect the development of the Services and the utility of Digital Assets.
7.3.9. Octav makes no guarantee as to the functionality of any blockchain’s decentralized governance, which could, among other things, lead to delays, conflicts of interest, or operational decisions that are unfavorable to certain owners of certain Digital Assets. You acknowledge and accept that the protocols governing the operation of a blockchain may be subject to sudden changes in operating rules which may materially alter the blockchain and affect the value of Digital Assets supported by that blockchain.
7.3.10. Octav makes no guarantee as to the security of any blockchain. Octav is not liable for any hacks, double spending, stolen Digital Assets, or any other attacks on a blockchain.
7.3.11. The Services rely on, and Octav makes no guarantee or warranties as to the functionality of or access to, any third-party Wallet and third-party service provider to perform any transactions.
9.1. AS IS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE AND UNDERSTAND THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OCTAV EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES. OACTAV MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATION AND OTHER DISRUPTIONS. OCTAV MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OCTAV OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
9.2. NO LIABILITY FOR CONDUCT OF THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT OCTAV IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD OCTAV LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. OCTAV MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. OCTAV MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OR ANY CONNECTED CONTENT OBTAINED THROUGH THE SERVICES.
10.2. CAP ON LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OCTAV’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO OCTAV FOR THE SERVICES IN THE TWELVE (12) MONTHS PERIOD PRECEDING THIS APPLICABLE CLAIM. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO OCTAV FOR THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM OCTAV, REGARDLESS OF THE CAUSE OF ACTION.
10.3. EXCLUSION OF DAMAGES. CERTAIN STATES, PROVINCES, COUNTRIES OR OTHER GOVERNMENTAL JURISDICTION DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU HAVE MIGHT ADDITIONAL RIGHTS.
10.4. BASIS OF THE BARGAIN. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OCTAV AND YOU.
11.3. Termination of Services by You. If you want to terminate the Services provided by Octav, you may do so by ceasing your use of the Services.
11.4. No Subsequent Use. If your ability to access the Services is discontinued by Octav, then you agree that you shall not attempt to access the Services through use of a different Wallet or otherwise. In the event that you violate the immediately preceding sentence, Octav reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
12.2. Arbitration Rules and Seat of Arbitration. You agree that the seat of arbitration is Montreal and the arbitration tribunal will be composed of one (1) arbitrator chosen by Octav. Either party may commence a binding arbitration in accordance with the Code of Civil Procedure (Quebec), or other forum mutually agreed upon by the parties.
12.5. Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the courts located in Montreal in the Province of Quebec. All other disputes, claims, or requests for relief shall be arbitrated.
12.6. Severability. Except as provided in Section 12.5 (Waiver of Class or Other Non- Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
12.7. Survival of Agreement. Except as provided in Section 12.5 (Waiver of Class or Other Non- Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
14.2. Export Control. You may not use, export, import, or transfer the Services except as authorized under the laws of the province of Quebec and the federal laws of Canada, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws.
Last Updated: September 21, 2022
Information You Give Us. Information we collect from you may include:
Third-Party Sources. We may receive personal information about you from third-party sources. For example, third-party wallet providers provide us with your blockchain public key and certain information you choose to share with those wallet providers. We may add this to the data we have already collected from or about you through our Services.
Automatic Data Collection. We may automatically record certain information about how you use our Services (we refer to this information as “Log Data”). Log Data may include information such as a user’s Internet Protocol (IP) address, device and browser type, operating system, the pages or features available through our Services to which a user browsed and the time spent on those pages or features, the frequency with which the Services are used by a user, search terms, the links made available through the Services that a user clicked on or used, and other statistics. We use this information to improve and enhance the Services by expanding its features and functionality and tailoring it to our users’ needs and preferences.
Information We Will Never Collect. We will never ask you to share your blockchain private keys or wallet seed phrase. Never trust anyone or any site that asks you to enter your blockchain private keys or wallet seed phrase.
We use the collected data for various purposes or as otherwise described at the time of collection:
Service Delivery. We use your personal information to:
Compliance and Protection. We may use your personal information to:
With Your Consent. We may use, share or collect your personal information with your consent, such as when required by law.
Authorities and Others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the “Compliance and Protection” purposes described above.
Blockchain. Given that the blockchain is a public record, the transaction records associated with any transaction you make using the Services will be publicly available on the blockchain.
Business Transfers. We may share personal information when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, reorganization, divestiture, or in the event of bankruptcy or dissolution.
Professional Advisors and Service Providers. We may share information with those who need it to work for us. These recipients may include third-party companies and individuals to administer and provide the Services on our behalf, as well as lawyers, bankers, auditors, and insurers.
In some circumstances we may anonymize your personal information (so that it can no longer be associated with you) in which case we may use this information indefinitely without further notice to you.
We employ industry standard security measures designed to protect the security of all information submitted through the Services. However, the security of information transmitted through the internet can never be guaranteed. We are not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data. Users of the Services are responsible for maintaining the security of any password, blockchain private key, biometrics, user ID or other form of authentication involved in obtaining access to password protected or secure areas of any of our digital services. In order to protect you and your data, we may suspend your use of any of the Services, without notice, pending an investigation, if any breach of security is suspected.
You have the following rights with respect to your personal information:
Please note that deletion of your personal information may make it impossible for you to use the website or the Services.
We have offices outside of the EU and your personal information may be transferred to, and processed in or from, Canada or other locations outside of your state, province, country or other governmental jurisdiction where privacy laws may not be as protective as those in your jurisdiction.
EU users should read the important information provided below about the transfer of personal information outside of the European Economic Area.
We may change this privacy at any time. We encourage you to periodically review this page for the latest information about our privacy practices. If we make any changes, we will change the Last Updated date above.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
This section provides additional details about the personal information we collect about California consumers and the rights afforded to them under the California Consumer Privacy Act or “CCPA”.
For more details about the personal information we collect from you, please see the “What we Collect” section above. We collect this information for the business and commercial purposes described in the “Use of Personal Information” section above. We share this information with the categories of third parties described in the “Disclosures of Your Data” section above. We do not sell (as such term is defined in the CCPA) the personal information we collect (and will not sell it without providing a right to opt out). Please refer to our Cookies Policy for more information regarding the types of third-party cookies, if any, that we use.
Subject to certain limitations, the CCPA provides California consumers the right to request to know more details about the categories or specific pieces of personal information we collect (including how we use and disclose this information), to delete their personal information, to opt out of any “sales” that may be occurring, and to not be discriminated against for exercising these rights.
California consumers may make a request pursuant to their rights under the CCPA by contacting us at [email protected] Please note that you must verify your identity and request before further action is taken. As a part of this process, government identification may be required. Consistent with California law, you may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requesters’ valid government issued identification, and the authorized agent’s valid government issued identification.
Sensitive Data. Some of the information you provide us may constitute sensitive data as defined in the GDPR (also referred to as special categories of personal data), including identification of your race or ethnicity on government-issued identification documents.
Legal Basis for Processing. We only use your personal information as permitted by law. We are required to inform you of the legal basis of our processing of your personal information, which are described in the table below. If you have any questions about the legal basis under which we process your personal information, contact us at [email protected]
PROCESSING PURPOSELEGAL BASISTo provide our ServiceOur processing of your personal information is necessary to perform the contract governing our provision of the Services or to take steps that you request prior to signing up for the Services.To communicate with you To optimize our Services For compliance, fraud prevention, and safety For research and developmentThese processing activities constitute our legitimate interests. We make sure we consider and balance any potential impacts on you (both positive and negative) and your rights before we process your personal information for our legitimate interests. We do not use your personal information for activities where our interests are overridden by any adverse impact on you (unless we have your consent or are otherwise required or permitted to by law).To comply with lawWe use your personal information to comply with applicable laws and our legal obligations.With your consentWhere our use of your personal information is based upon your consent, you have the right to withdraw it anytime by contacting us at [email protected]
Your Rights. Under the GDPR, you have certain rights regarding your personal information. You may ask us to take the following actions in relation to your personal information that we hold:
You can submit these requests by email to [email protected] We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or response to your requests regarding your personal information, you may contact us at [email protected] or submit a complaint to the data protection regulator in your jurisdiction.
Whenever we transfer your personal information out of the EU to Canada or countries not deemed by the European Commission to provide adequate level of personal information protection, the transfer will be based on a data transfer mechanism recognized by the European Commission as providing adequate protection for personal information.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal information out of the EU.