OwLidar Swap Disclaimer & User Agreement
OwLidar Swap Disclaimer & User Agreement
Effective Date: __ / _______
1. Definitions
2. Eligibility, Territorial Scope & Jurisdiction Exclusion
3. Nature of Services; No Advice
4. Accounts & Access
5. User Responsibilities
6. Fees & Taxes
7. Risk Disclosure
8. Prohibited Conduct
9. Platform Operations; No Custody; Third-Party Protocols
10. Data Protection & Privacy
11. Intellectual Property
12. Warranties Disclaimed
13. Limitation of Liability
14. Changes; Suspension; Termination
15. Complaints & Administrative Dispute-Resolution (Non-Judicial)
16. Indemnity
17. General
Final Consent
1. Definitions
1. Definitions
In this Agreement, unless the context requires otherwise:
In this Agreement, unless the context requires otherwise:
“Platform” means the OwLidar software services (including any Telegram bot, Telegram Mini App, web interface, APIs, and related tooling) enabling blockchain-based swap functionality and market data.
“Digital Assets” means cryptographic tokens recorded on a distributed ledger.
“Swap” means an on-chain exchange of one Digital Asset for another as initiated by a user through the Platform and executed via third-party protocols/smart-contracts.
“You/Your” means the natural or legal person accessing or using the Platform.
“Platform” means the OwLidar software services (including any Telegram bot, Telegram Mini App, web interface, APIs, and related tooling) enabling blockchain-based swap functionality and market data.
“Digital Assets” means cryptographic tokens recorded on a distributed ledger.
“Swap” means an on-chain exchange of one Digital Asset for another as initiated by a user through the Platform and executed via third-party protocols/smart-contracts.
“You/Your” means the natural or legal person accessing or using the Platform.
2. Eligibility, Territorial Scope & Jurisdiction Exclusion
2. Eligibility, Territorial Scope & Jurisdiction Exclusion
2.1 The Platform is not offered to and must not be used by any person who is:
2.1 The Platform is not offered to and must not be used by any person who is:
(a) a resident, domiciled, ordinarily resident, incorporated, established, located, or otherwise present in the Republic of Kazakhstan; or
(b) within the territorial or regulatory jurisdiction of the Astana International Financial Centre (AIFC).
(a) a resident, domiciled, ordinarily resident, incorporated, established, located, or otherwise present in the Republic of Kazakhstan; or
(b) within the territorial or regulatory jurisdiction of the Astana International Financial Centre (AIFC).
By accessing or using the Platform, you represent and warrant that you do not fall within the foregoing and that you are not acting for or on behalf of any such person.
By accessing or using the Platform, you represent and warrant that you do not fall within the foregoing and that you are not acting for or on behalf of any such person.
2.2 To the maximum extent permitted by applicable conflict-of-laws rules, the laws and courts of the Republic of Kazakhstan and the AIFC (including the AIFC Court) are expressly excluded from governing or adjudicating any dispute arising out of or in connection with the Platform, this Agreement, or any Swap. If mandatory law in your place of habitual residence would nonetheless require such law or forum, you must not use the Platform.
2.2 To the maximum extent permitted by applicable conflict-of-laws rules, the laws and courts of the Republic of Kazakhstan and the AIFC (including the AIFC Court) are expressly excluded from governing or adjudicating any dispute arising out of or in connection with the Platform, this Agreement, or any Swap. If mandatory law in your place of habitual residence would nonetheless require such law or forum, you must not use the Platform.
3. Nature of Services; No Advice
3. Nature of Services; No Advice
3.1 The Platform is a technology service providing tools for initiating on-chain Swaps and accessing market data analytics. OwLidar is not a broker, dealer, advisor, custodian, exchange operator, or money services business unless expressly stated otherwise in a separate notice.
3.1 The Platform is a technology service providing tools for initiating on-chain Swaps and accessing market data analytics. OwLidar is not a broker, dealer, advisor, custodian, exchange operator, or money services business unless expressly stated otherwise in a separate notice.
3.2 OwLidar does not provide investment, trading, legal, tax, accounting, or other professional advice. All decisions to execute a Swap are solely yours, based on your assessment of risks and outcomes.
3.2 OwLidar does not provide investment, trading, legal, tax, accounting, or other professional advice. All decisions to execute a Swap are solely yours, based on your assessment of risks and outcomes.
4. Accounts & Access
4. Accounts & Access
4.1 Access may occur via third-party interfaces (e.g., Telegram). You are responsible for any credentials, device security, and permissions granted to such third parties.
4.1 Access may occur via third-party interfaces (e.g., Telegram). You are responsible for any credentials, device security, and permissions granted to such third parties.
4.2 OwLidar may refuse, suspend, or terminate access (see §14) to protect users, comply with policy, or address misuse, security incidents, or suspected unlawful activity.
4.2 OwLidar may refuse, suspend, or terminate access (see §14) to protect users, comply with policy, or address misuse, security incidents, or suspected unlawful activity.
5. User Responsibilities
5. User Responsibilities
5.1 You are fully responsible for all actions taken through the Platform and for understanding the assets and mechanics of any Swap.
5.1 You are fully responsible for all actions taken through the Platform and for understanding the assets and mechanics of any Swap.
5.2 All Swaps are final and irreversible once confirmed on-chain. You acknowledge the possibility of loss or failure due to smart-contract behavior, network conditions, slippage, or counterparty/protocol risk.
5.2 All Swaps are final and irreversible once confirmed on-chain. You acknowledge the possibility of loss or failure due to smart-contract behavior, network conditions, slippage, or counterparty/protocol risk.
5.3 You represent and warrant that your use is lawful in your location and not prohibited by sanctions or export-control rules, and that you are not a Prohibited Person under applicable sanctions lists.
5.3 You represent and warrant that your use is lawful in your location and not prohibited by sanctions or export-control rules, and that you are not a Prohibited Person under applicable sanctions lists.
6. Fees & Taxes
6. Fees & Taxes
6.1 OwLidar charges a 1% platform fee on the notional value of each Swap, shown prior to confirmation.
6.1 OwLidar charges a 1% platform fee on the notional value of each Swap, shown prior to confirmation.
6.2 Network gas, third-party protocol or liquidity provider fees, and any applicable taxes are additional and borne by you. You are solely responsible for tax reporting and payment.
6.2 Network gas, third-party protocol or liquidity provider fees, and any applicable taxes are additional and borne by you. You are solely responsible for tax reporting and payment.
7. Risk Disclosure
7. Risk Disclosure
You acknowledge that:
You acknowledge that:
(a) Digital Assets are highly volatile and may lose value rapidly;
(b) Prices may fluctuate significantly within short periods;
(с) You may lose all or part of the assets involved in a Swap;
(d) Past performance is not indicative of future results;
(e) Protocol, smart-contract, or network failures may result in loss, delays, or inability to execute.
(a) Digital Assets are highly volatile and may lose value rapidly;
(b) Prices may fluctuate significantly within short periods;
(с) You may lose all or part of the assets involved in a Swap;
(d) Past performance is not indicative of future results;
(e) Protocol, smart-contract, or network failures may result in loss, delays, or inability to execute.
8. Prohibited Conduct
8. Prohibited Conduct
You must not:
You must not:
(a) use the Platform in breach of §2;
(b) engage in market abuse, fraud, or unlawful activity;
(с) attempt to circumvent technical controls;
(d) interfere with the operation or security of the Platform;
(e) use automated means that impose unreasonable load.
(a) use the Platform in breach of §2;
(b) engage in market abuse, fraud, or unlawful activity;
(с) attempt to circumvent technical controls;
(d) interfere with the operation or security of the Platform;
(e) use automated means that impose unreasonable load.
9. Platform Operations; No Custody; Third-Party Protocols
9. Platform Operations; No Custody; Third-Party Protocols
9.1 OwLidar does not hold or custody user funds. Swaps are executed directly on-chain via third-party smart-contracts/protocols you choose to interact with through the Platform’s tooling.
9.1 OwLidar does not hold or custody user funds. Swaps are executed directly on-chain via third-party smart-contracts/protocols you choose to interact with through the Platform’s tooling.
9.2 Third-party protocols are not owned or controlled by OwLidar; OwLidar does not guarantee their availability, security, performance, or outcomes.
9.2 Third-party protocols are not owned or controlled by OwLidar; OwLidar does not guarantee their availability, security, performance, or outcomes.
9.3 You are responsible for verifying transaction details before submitting any on-chain Swap.
9.3 You are responsible for verifying transaction details before submitting any on-chain Swap.
10. Data Protection & Privacy
10. Data Protection & Privacy
10.1 OwLidar processes only the data that is necessary to operate, secure, and improve the Platform, applying data-minimisation, purpose-limitation, transparency, and security-by-design principles.
10.1 OwLidar processes only the data that is necessary to operate, secure, and improve the Platform, applying data-minimisation, purpose-limitation, transparency, and security-by-design principles.
10.2 The data we may process includes:
10.2 The data we may process includes:
(a) identifiers such as Telegram user ID/username/chat-ID, session identifiers;
(b) usage logs such as timestamps, feature usage, and error/performance telemetry;
(с) transaction metadata that you submit (wallet addresses, on-chain transaction hashes, network names, amounts/fees), noting that such data is inherently public on blockchains;
(d) billing and support information such as subscription tier, payment confirmations received from payment providers (without storing full card details), and support or complaint files;
(e) aggregated, de-identified analytics.
(a) identifiers such as Telegram user ID/username/chat-ID, session identifiers;
(b) usage logs such as timestamps, feature usage, and error/performance telemetry;
(с) transaction metadata that you submit (wallet addresses, on-chain transaction hashes, network names, amounts/fees), noting that such data is inherently public on blockchains;
(d) billing and support information such as subscription tier, payment confirmations received from payment providers (without storing full card details), and support or complaint files;
(e) aggregated, de-identified analytics.
We do not intentionally collect special-category data; please do not submit such information to the Platform.
We do not intentionally collect special-category data; please do not submit such information to the Platform.
10.3 We process data for the following purposes: providing access and swaps tooling, calculating fees and managing subscriptions, protecting the Platform against abuse and security threats, delivering support and quality improvements, complying with legal obligations where applicable, and producing aggregated, de-identified analytics.
10.3 We process data for the following purposes: providing access and swaps tooling, calculating fees and managing subscriptions, protecting the Platform against abuse and security threats, delivering support and quality improvements, complying with legal obligations where applicable, and producing aggregated, de-identified analytics.
10.4 Without selecting any particular national law as governing, our processing is undertaken to the extent permitted by applicable conflict-of-laws rules on one or more of the following grounds: performance of this Agreement, our legitimate interests in operating and securing the Platform, compliance with legal obligations, and consent where required by your local law. If mandatory local law in your location would prohibit such processing, you should not use the Platform.
10.4 Without selecting any particular national law as governing, our processing is undertaken to the extent permitted by applicable conflict-of-laws rules on one or more of the following grounds: performance of this Agreement, our legitimate interests in operating and securing the Platform, compliance with legal obligations, and consent where required by your local law. If mandatory local law in your location would prohibit such processing, you should not use the Platform.
10.5 We retain operational logs for up to 90 days unless a longer period is needed for security or incident review; billing and tax-relevant records for up to 5 years or longer if legally required; complaint files for the duration of the dispute plus 3 years; and de-identified analytics for longer periods. Data is deleted or anonymised when it is no longer needed for the stated purposes.
10.5 We retain operational logs for up to 90 days unless a longer period is needed for security or incident review; billing and tax-relevant records for up to 5 years or longer if legally required; complaint files for the duration of the dispute plus 3 years; and de-identified analytics for longer periods. Data is deleted or anonymised when it is no longer needed for the stated purposes.
10.6 We may engage reputable service providers as processors under contractual safeguards. Telegram is an independent service with its own terms and policies, and on-chain data is publicly visible and globally accessible.
10.6 We may engage reputable service providers as processors under contractual safeguards. Telegram is an independent service with its own terms and policies, and on-chain data is publicly visible and globally accessible.
10.7 Data may be processed or stored globally. Where a particular legal regime requires safeguards for cross-border transfers, appropriate measures are applied when applicable.
10.7 Data may be processed or stored globally. Where a particular legal regime requires safeguards for cross-border transfers, appropriate measures are applied when applicable.
10.8 We implement administrative, technical, and organisational measures appropriate to the risks involved, maintain an incident-response process, and provide notifications where legally required.
10.8 We implement administrative, technical, and organisational measures appropriate to the risks involved, maintain an incident-response process, and provide notifications where legally required.
10.9 Subject to identity verification, technical feasibility, and applicable law, you may request access, rectification, erasure, portability, or restriction/objection to certain processing. We may decline requests that we cannot authenticate, that conflict with law, or that would compromise the security or rights of others. Requests may be sent to support@owlidar.com.
10.9 Subject to identity verification, technical feasibility, and applicable law, you may request access, rectification, erasure, portability, or restriction/objection to certain processing. We may decline requests that we cannot authenticate, that conflict with law, or that would compromise the security or rights of others. Requests may be sent to support@owlidar.com.
10.10 For the web interface, we use strictly necessary cookies for session integrity and security, and limited analytics that can be disabled where technically feasible.
10.10 For the web interface, we use strictly necessary cookies for session integrity and security, and limited analytics that can be disabled where technically feasible.
10.11 The Platform is not intended for persons under 18 years of age. If we become aware of such use, we will disable access and delete related data where appropriate.
10.11 The Platform is not intended for persons under 18 years of age. If we become aware of such use, we will disable access and delete related data where appropriate.
10.12 For the processing described above, OwLidar acts as an independent controller. Vendors engaged to provide supporting services act as processors under our instructions. Public blockchains are not our processors.
10.12 For the processing described above, OwLidar acts as an independent controller. Vendors engaged to provide supporting services act as processors under our instructions. Public blockchains are not our processors.
11. Intellectual Property
11. Intellectual Property
All Platform software, content, trademarks, and documentation are owned by OwLidar or its licensors and are protected by applicable IP laws. You receive a limited, revocable, non-exclusive, non-transferable right to access and use the Platform for its intended purpose.
All Platform software, content, trademarks, and documentation are owned by OwLidar or its licensors and are protected by applicable IP laws. You receive a limited, revocable, non-exclusive, non-transferable right to access and use the Platform for its intended purpose.
12. Warranties Disclaimed
12. Warranties Disclaimed
To the fullest extent permitted under applicable conflict-of-laws rules, the Platform is provided “as is” and “as available”, without warranties of any kind (express, implied, or statutory), including merchantability, fitness for a particular purpose, non-infringement, uninterrupted or error-free operation, or accuracy of data.
To the fullest extent permitted under applicable conflict-of-laws rules, the Platform is provided “as is” and “as available”, without warranties of any kind (express, implied, or statutory), including merchantability, fitness for a particular purpose, non-infringement, uninterrupted or error-free operation, or accuracy of data.
13. Limitation of Liability
13. Limitation of Liability
To the fullest extent permitted under applicable conflict-of-laws rules:
To the fullest extent permitted under applicable conflict-of-laws rules:
13.1 OwLidar, its owners, affiliates, and partners shall not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or similar damages, or for loss of profits, revenue, goodwill, or data, arising from or related to the Platform or any Swap.
13.1 OwLidar, its owners, affiliates, and partners shall not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or similar damages, or for loss of profits, revenue, goodwill, or data, arising from or related to the Platform or any Swap.
13.2 OwLidar’s total liability to you for any claim shall not exceed the total platform fees you paid to OwLidar for the Swap(s) giving rise to such claim in the preceding 3 months.
13.2 OwLidar’s total liability to you for any claim shall not exceed the total platform fees you paid to OwLidar for the Swap(s) giving rise to such claim in the preceding 3 months.
13.3 Nothing here excludes liability that cannot legally be excluded under mandatory rules in your place of habitual residence; if such rules apply, you must not use the Platform.
13.3 Nothing here excludes liability that cannot legally be excluded under mandatory rules in your place of habitual residence; if such rules apply, you must not use the Platform.
14. Changes; Suspension; Termination
14. Changes; Suspension; Termination
14.1 OwLidar may update this Agreement or the Platform to reflect security needs, technical changes, or policy/legal updates. Material changes will be communicated in-product; continued use after the effective date constitutes acceptance.
14.1 OwLidar may update this Agreement or the Platform to reflect security needs, technical changes, or policy/legal updates. Material changes will be communicated in-product; continued use after the effective date constitutes acceptance.
14.2 OwLidar may suspend or terminate access immediately where reasonably necessary to protect users, address suspected violations, security incidents, fraud, or unlawful use.
14.2 OwLidar may suspend or terminate access immediately where reasonably necessary to protect users, address suspected violations, security incidents, fraud, or unlawful use.
15. Complaints & Administrative Dispute-Resolution (Non-Judicial)
15. Complaints & Administrative Dispute-Resolution (Non-Judicial)
15.1 If you wish to raise a concern or dispute:
15.1 If you wish to raise a concern or dispute:
(a) Submit a written complaint to support@owlidar.com with a factual summary, relevant IDs/tx hashes, and requested outcome;
(b) OwLidar will acknowledge within 5 business days and issue a reasoned written decision within 30 calendar days, unless extended once by up to 15 days for complexity (with notice).
(a) Submit a written complaint to support@owlidar.com with a factual summary, relevant IDs/tx hashes, and requested outcome;
(b) OwLidar will acknowledge within 5 business days and issue a reasoned written decision within 30 calendar days, unless extended once by up to 15 days for complexity (with notice).
15.2 If you disagree with the decision, you may request an Administrative Review within 10 calendar days of receipt. A three-member panel will re-assess and issue a final internal decision within 30 calendar days.
15.2 If you disagree with the decision, you may request an Administrative Review within 10 calendar days of receipt. A three-member panel will re-assess and issue a final internal decision within 30 calendar days.
15.3 By mutual consent only, the parties may engage a neutral facilitator/mediator via reputable online ODR services (non-binding) to seek an amicable resolution within 30 calendar days.
15.3 By mutual consent only, the parties may engage a neutral facilitator/mediator via reputable online ODR services (non-binding) to seek an amicable resolution within 30 calendar days.
15.4 No court or national jurisdiction is selected under this Agreement. To the maximum extent permitted by applicable conflict-of-laws rules, disputes shall be managed under the administrative process above. If mandatory law in your location requires a particular court or forum, you must not use the Platform.
15.4 No court or national jurisdiction is selected under this Agreement. To the maximum extent permitted by applicable conflict-of-laws rules, disputes shall be managed under the administrative process above. If mandatory law in your location requires a particular court or forum, you must not use the Platform.
15.5 Each party shall preserve relevant records and cooperate in good faith during the process. Nothing restricts OwLidar from taking urgent measures to protect users, security, or comply with lawful orders of competent authorities.
15.5 Each party shall preserve relevant records and cooperate in good faith during the process. Nothing restricts OwLidar from taking urgent measures to protect users, security, or comply with lawful orders of competent authorities.
16. Indemnity
16. Indemnity
You agree to indemnify and hold harmless OwLidar, its owners, affiliates, and partners from any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising from your breach of this Agreement or misuse of the Platform.
You agree to indemnify and hold harmless OwLidar, its owners, affiliates, and partners from any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising from your breach of this Agreement or misuse of the Platform.
17. General
17. General
17.1 This is the entire agreement between you and OwLidar regarding the subject matter and supersedes prior understandings.
17.1 This is the entire agreement between you and OwLidar regarding the subject matter and supersedes prior understandings.
17.2 If any provision is found invalid or unenforceable, the remainder remains in effect.
17.2 If any provision is found invalid or unenforceable, the remainder remains in effect.
17.3 You may not assign this Agreement without OwLidar’s prior written consent; OwLidar may assign to an affiliate or acquirer upon notice.
17.3 You may not assign this Agreement without OwLidar’s prior written consent; OwLidar may assign to an affiliate or acquirer upon notice.
17.4 For support or complaints: support@owlidar.com.
17.4 For support or complaints: support@owlidar.com.
Final Consent
Final Consent
By clicking “I Agree & Proceed”, you confirm that you:
By clicking “I Agree & Proceed”, you confirm that you:
have read and understood this Agreement;
are eligible under §2;
accept responsibility for your trading decisions;
consent to the 1% platform fee per Swap;
understand that Swaps are final and irreversible; and
agree to the administrative dispute-resolution process in §15.
have read and understood this Agreement;
are eligible under §2;
accept responsibility for your trading decisions;
consent to the 1% platform fee per Swap;
understand that Swaps are final and irreversible; and
agree to the administrative dispute-resolution process in §15.
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