TERMS OF SERVICE

Last Modified: July 27, 2022

Welcome to Owny. By using our products and services available at https://www.owny.com and any of our other websites ( "Services ") you are agreeing to these terms.

It is in your best interest to read them carefully, as they are binding upon you.

ACCEPTANCE OF THE TERMS OF USE

These terms of use are entered into by and between You and OWNY Inc, a Delaware limited liability company and its affiliates ("we" or ""us).

The following terms and conditions (these "Terms of Use"), govern your access to and use of www.owny.com (the "Site"), including any content, functionality, and Services offered on or through the Site.

Please read the Terms of Use carefully before you start to use the Site.

By using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.owny.com/legal/privacy (the "Privacy Policy").

If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.

TYPES OF USERS

All who access our Site, use our Services, and/or agree to the Terms are considered "Users".

Types of Users include:

"Investors" include individuals or entities that have established an investor account on the Site.
Investors are able make new investments, view past investments, access investment documents, tax statements, and utilize other Services the Site may offer to Users that have investor accounts.
"Issuers" include individuals or entities that have established a Issuer account on the Site.
Issuers are able to offer securities ("Offering", "Offerings), grant access to an Offering, view past Offerings, manage past investments, review transaction documents, send messages to investors, send invites to view an Offering, and utilize other Services the Site may offer to Users that have Issuer accounts.
"Visitors" include individuals or entities that visit the Site for any reason.

CHANGES TO THE TERMS OF USE

We may amend and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site and Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.

ACCESSING THE SITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend this Site, and any Service or material we provide on the Site, in our sole discretion without notice.

We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of the Site, or the entire Site, to Users, including registered Users.

You are responsible for:

Making all arrangements necessary for you to have access to the Site.
Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information.

It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete.

You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by the Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat this information as confidential, and you must not disclose it to any other person or entity.

You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information.

You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.

You also agree to ensure that you exit from your account at the end of each session.

You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

We have the right to access your account or profile, and we may make adjustments to your account or profile as deemed appropriate by us.

INTELLECTUAL PROPERTY RIGHTS

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Owny, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Site for your personal, non-commercial use only.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.

You must not:

Modify copies of any materials from this site.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Site or any Services or materials available through the Site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.

No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Owny.

Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

PROHIBITED USES

You may use the Site only for lawful purposes and in accordance with these Terms of Use.

You agree not to use the Site:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
To impersonate or attempt to impersonate Owny, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Owny or Users of the Site or expose them to liability.
To permit any end users, employees, consultants, agents or representatives to, in any manner, directly or indirectly: use the Software or Documentation in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Software, or (c) copy any ideas, features, functions or graphics of the Software

Additionally, you agree not to:

Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
Use the Services or the Site in a way that violates the securities laws and regulations of the United States, or in the jurisdiction in which you are operating, or that violates any judgements, agreements, or obligations to which you are bound, or that knowingly causes other Users of the Site to do so.
Use the Site is any way that might require Owny to register as a broker dealer or investment adviser with the SEC.
Expect Owny to evaluate or recommend investment opportunities found on the Site.
Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Site.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Site.

USER SUBMISSION

The Site may contain message boards, and other interactive features (collectively, "Interactive Services") that allow Users to post, submit, publish, display, or transmit to other Users or other persons (hereinafter, "post") content or materials (collectively, " User Submissions ") on or through the Site.

All User Submissions must comply with the Content Standards set out in these Terms of Use.

Some User Submissions (such as data you contribute to Owny) are viewable by other Users.

In order to display your User Submissions on the Site, you grant us certain rights in those User Submissions.

Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

For all User Submissions, you hereby grant Owny a royalty-free, perpetual, sub-license-able, irrevocable, and worldwide license to translate, modify (including, without limitation, for technical purposes), reproduce, and otherwise act with respect to such User Submissions, in each case to enable us to operate the Site and provide Services, as described in more detail below.

This is a license only –your ownership in User Submissions is not affected.

If you share a User Submission publicly on the Site and/or in a manner that more than just you or a specified specific set of Users can view, or if you provide us with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Service (each of the foregoing, a "Public User Submission"), then you grant Owny the licenses above, as well as a royalty-free, perpetual, sub-license-able, irrevocable, and worldwide license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Users and providing the Service necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Service and/or otherwise in connection with Owny's business.

You understand and acknowledge that you are responsible for any User Submissions you submit or contribute, and you, not Owny, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Submissions posted by you or any other user of the Site.

MONITORING AND ENFORCING; TERMINATION

We have the right to:

Remove or refuse to post any User Submissions for any or no reason in our sole discretion.
Take any action with respect to any User Submission that we deem necessary or appropriate in our sole discretion, including if we believe that such User Submission violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of the Site or the public, or could create liability for Owny.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.

YOU WAIVE AND HOLD HARMLESS OWNY AND ITS AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted.

Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

CONTENT STANDARDS

These content standards apply to any and all User Submissions and use of Interactive Services.

User Submissions must in their entirety comply with all applicable federal, state, local, and international laws and regulations.

Without limiting the foregoing, User Submissions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any other person or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

SECURITIES REGULATIONS

None of the Services provided by the Site should be construed as investment advice or brokering investments.

By using the Site, you acknowledge that we do not recommend any investments that you are invited to view or participate in, or investments submitted by a Issuer.

There are significant regulatory requirements when making an investment and when forming an investment entity or Offering.

We make no representations or warranties to Users that all regulatory requirements have been met.

By using the Site and its Services you fully understand that Owny does not endorse the validity the underlying investment an Offering may make.

Additionally, you understand that federal securities law requires that securities sold in the United States must be registered with the Securities and Exchange Commission, unless the sale qualifies for an exemption.

Most startups raise capital by complying with a private placements exemption.

Additionally, most Offering's rely on exemptions from having to register as an "investment company" under the Investment Company Act of 1940. Owny is not a law firm and does not provide legal advice.

You are responsible for ensuring that your offering, or an offering you participate in, complies with all relevant federal, state and international securities law and regulations.

INVESTMENT OFFERINGS, CURRENCY TRANSFERS, AND DIGITAL CURRENCY

Generally.

Investors may use the Site to invest in Offerings organized and offered by Issuers.
These are not offerings of Owny. They are offered only by Issuers.
This site is maintained to facilitate those offerings, but Owny is not a Issuer.
These investment opportunities are strictly regulated by United States and non-United States regulatory authorities.
All investment opportunities facilitated by this Site are subject to the requirements of public law and these Terms of Service.

Crowdfunding

Federal law requires securities sold in the United States to be registered with the SEC, unless the sale qualifies for an exemption.

Crowdfunding Offerings and securities offered on the Service have not been registered under the Securities Act and are offered in reliance on an exemption provided under The Securities Act Section 4(a)(6) "Regulation Crowdfunding" that provides an exemption from registration for certain crowdfunding transactions.

No Disqualifying Events

In accordance with Federal Securities law, each issuer warrants and represents that none of its predecessors, any affiliated issuer, any director, executive officer, other officer of the issuer participating in the Offering, any investment managers and their principals, any beneficial owner of 20% or more of the issuer’s outstanding voting equity securities, calculated on the basis of voting power, any promoter (as defined in Rule 405 of the Securities Act) connected with the issuer in any capacity at the time of sale nor any compensated solicitor or any general partner, managing member, director, executive officer, or other officer of the compensated solicitor participating in the Offering (each, an "Issuer Covered Person" and collectively, "Issuer Covered Persons") is subject to any of the "bad actor" disqualifying events described in Rule 506 of Regulation D and Rule 503 of Regulation Crowdfunding, (a "Disqualifying Event").

Each issuer that posts an Offering on the Service warrants and represents that it has exercised reasonable care to determine whether any Issuer Covered Person is subject to a Disqualifying Event and will promptly notify Owny and subscribed Investors in writing should any Disqualifying Events occur or prior Disqualifying Events come to the issuer’s notice despite its reasonable efforts to discover and immediately consult their legal counsel.

Limits on Investment

Federal securities law limits the amount certain Investors may invest.

For Crowdfunding Offerings, Investors must ensure that, when combined with all of the Investor’s other Regulation Crowdfunding investments during any 12 month period on any crowdfunding portal, their total investment does not and will not exceed the Investor’s Regulation Crowdfunding investment limit.

Investors agree to make timely disclosure to Owny of any Regulation Crowdfunding investments made through another portal to ensure to not exceed regulatory investment limits.

Offering Documents.

Issuers will provide Investors with a series of documents, including, at a minimum, an offering memorandum and a subscription agreement (Offering Documents).

Investors are required to carefully review the Offering Documents and other material provided by the Issuers with their independent advisers to determine the suitability of the Offerings for Investors.

Investors will be required to acknowledge their receipt of the Offering Documents and, where necessary, execute and return these documents to the Issuers on this Site.

The execution of these documents will create a legally binding obligation between the Investor and the Issuer.

Owny is not a party to those investments or transactions.

No Representations.

Owny offers no advice to Investors on the suitability of Offerings for their investment objectives.

Nor has Owny done an independent investigation of Issuers. Investors must carefully review all documents with their advisers to determine the suitability of the proposed investments and the fitness of the Issuers.

Owny makes no representations or warranties about either the investments or the Issuers.

Payment Services Partners.

Owny uses third party payment processor to process any US Dollar payment between platform users, including but not limited to payments in relation to your use of the Digital Currency Transactions or deposits or withdrawals from your USD Wallet or Owny Account.

Stripe Services.

Payment processing services for Customers on Owny are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”).

By agreeing to these terms or continuing to operate as an account holder on Owny, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time.

As a condition of Owny enabling payment processing services through Stripe, you agree to provide Owny accurate and complete information about you and your business, and you authorize Owny to share it and transaction information related to your use of the payment processing services provided by Stripe.

Making Investments – Forms of Payment.

Only United States Dollars (USD) may be used to invest in these Offerings and any other types of offerings.

Issuers will only accept USD as a form of payment.

Investors may not use non-USD fiat currency or digital currency to invest directly in Offerings on this Site.

Wallets.

Owny has established a partnership with Coinbase, Inc., a US based digital currency exchange (Exchange Partner) to hold funds received from Investors for their benefit until the funds are either invested in Offering(s) or returned to Investors.

The Exchange Partner, not Owny, is the custodian of these funds.

Ownership of these funds remains, at all times, with the Investor, provided, however, that the Investor has not transferred these funds to its wallet as part of a scheme of wrongdoing.

See below for penalties for wrongdoing.

Non-USD Fiat Currency

If an Investor elects to use non-USD fiat currency for investment in a Offering, the Investor's bank or other financial intermediaries involved in the transaction will convert the foreign fiat currency into USD.

Once liquidated into USD, those funds will be deposited into the Investor's wallet on this site.

Those funds will be held for the benefit of Investor by our banking partner(s) until they are, at the Investor's election, either a) invested in an offering or transferred to another authorized wallet in which case Owny will transfer those funds to the Issuer; or b) returned to the Investor because the Investor has chosen not to invest in a Offering and has withdrawn any outstanding balance in USD.

Digital Currencies & Transfers.

If you have verified your identity to the satisfaction of Owny, your Digital Currency Wallet enables you to send Supported Digital Currency to, and request, receive, and store Supported Digital Currency from, third parties by giving instructions through the Site.

Your transfer of Supported Digital Currencies between your other digital currency wallets (including wallets maintained on a platform other than this Site) and to and from third parties is a " Digital Currency Transfer".

Investors may liquidate digital currency into USD for investment in Offerings.

For the convenience of Investors, this liquidation may be initiated and processed on the Site.

This liquidation process, however, is provided only for the following digital currencies:

Bitcoin ("BTC"), Lumen (XLM), Ether("ETH"), Bitcoin Cash (BCH), Litecoin (LTC), Ripple (XRP), USD Coin (USDC), Z Cash (ZEC), Dai (DAI) and other supported currencies provided during the time of transaction.

The foregoing digital currencies, collectively, are Supported Digital Currencies. Owny may modify this list of Supported Digital Currencies at any time.

Investors may transfer Supported Digital Currencies into their wallet on the Site.

These Supported Digital Currencies will be held for the benefit of Investors.

Investors may elect the time and the price at which the Supported Digital Currencies are liquidated into USD by the Exchange Partner.

Supported Digital Currency must be liquidated into USD before making an investment on this Site.

Issuers will not accept Supported Digital Currency as a form of investment in a Offering.

Liquidation of Supported Digital Currency by the Exchange Partner may take substantial time depending on the amount of Supported Digital Currency that is liquidated.

Investors must be mindful of this potentially lengthy liquidation process as its times its investment in a Offering.

The Investor may choose the price at which Supported Digital Currency is liquidated into USD.

There is no guarantee, however, that the Exchange Partner will be able to liquidate the Investor's Supported Digital Currency at the specified price.

The Investor should be mindful of current market prices for the Supported Digital Currency.

In the event the Investor elects to liquidate its Supported Digital Currency into USD in anticipation of an investment in a Offering but decides, for any reason, not to invest in a Offering, the Investor may elect to have its funds, now in USD, returned to it.

The Investor acknowledges and agrees that, after its Supported Digital Currency is liquidated into USD, those funds will be returned only in USD and that the funds will not be returned to the Investor in Supported Digital Currency.

Once Supported Digital Currency is liquidated into USD, those funds cannot be converted into Supported Digital Currency by the Exchange Partner as part of the Services provided by this Site.

Investors represent and agree that they have consulted with their independent tax and financial advisers about the consequences of liquidating their Supported Digital Currency into USD.

These consequences may include, among others, taxable gain to the Investor whether it invested in a Offering or not.

Return of Investor funds to the Investor is conditioned on the absence of wrongdoing.

In the event of wrongdoing by the Investor, funds may be subject to being frozen or seized by regulatory or law enforcement agencies.

See below for wrongdoing.

Pending Transactions.

Once a Digital Currency Transfer is submitted to a Digital Currency network, the transaction will be unconfirmed and remain in a pending state for a period of time sufficient to confirmation of the transaction by the Digital Currency network.

A Digital Currency Transfer is not complete while it is in a pending state.

Pending Digital Currency Transfers that are initiated from a Owny wallet will reflect a pending transaction status and are not available to you for use on the Owny platform or otherwise while the transaction is pending.

Inbound Digital Currency Transfers.

When you or a third party send Digital Currency to a Owny wallet from an external wallet not hosted on this Site ("Inbound Transfers"), the person initiating the transaction is solely responsible for executing the transaction properly, which may include, among other things, payment of sufficient network or miners' fees in order for the transaction to be successful.

Insufficient network fees may cause an Inbound Transfer to remain in a pending state outside of Owny's control and we are not responsible for delays or loss incurred as a result of an error in the initiation of the transaction and have no obligation to assist in the remediation of such transactions.

By initiating an Inbound Transfer, you represent and warrant that you are transacting in a Supported Digital Currency which conforms to the particular Owny wallet into which funds are directed.

For example, if you select a Bitcoin wallet address to receive funds, you represent and warrant that you are initiating an Inbound Transfer of Bitcoin alone, and not any other currency such as Lumens or Ethereum Classic.

Owny incurs no obligation whatsoever with regard to unsupported digital currency sent to a Owny Account or Supported Digital Currency sent to an incompatible Digital Currency wallet.

Erroneously transmitted funds will be lost. We recommend customers send a small amount of Supported Digital Currency as a test prior to initiating a transfer of a significant amount of Supported Digital Currency.

Owny may from time to time determine types of Digital Currency that will be supported or cease to be supported.

Outbound Digital Currency Transfers.

When you send Digital Currency from your Owny Account to an external wallet ("Outbound Transfers"), such transfers are executed at your instruction by Owny.

You should verify all transaction information prior to submitting instructions to us.

Owny shall bear no liability or responsibility in the event you enter an incorrect blockchain destination address.

We do not guarantee the identity or value received by a recipient of an Outbound Transfer.

Digital Currency Transfers cannot be reversed once they have been broadcast to the relevant Digital Currency network, although they may be in a pending state, and designated accordingly, while the transaction is processed by network operators.

Owny does not control the Digital Currency network and makes no guarantees that a Digital Currency Transfer will be confirmed by the network.

We may refuse to process or cancel any pending Outbound Digital Currency Transfers as required by law or any court or other authority to which Owny is subject in any jurisdiction.

Additionally, we may require you to wait some amount of time after completion of a transaction before permitting you to use further Owny Services and/or before permitting you to engage in transactions beyond certain volume limits.

Prohibited Transactions & Wrongdoing.

All transactions effectuated on this Site by Investors must be in full compliance with the requirements of public law and any conditions imposed by regulatory, investigatory or law enforcement agencies whether domestic to the United States or internationally.

Any wrongdoing by an Investor subjects it and any funds held for its benefit by the Exchange Partner to substantial penalty, including, without limitation, financial penalties and potentially criminal penalties.

Acts of wrongdoing include, but are not limited to:

Transactions involving (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime;
Any transaction that is subject to a penalizing court order or other government order;
Any transaction we reasonably suspect is intentionally erroneous; or
If we suspect the transaction relates to Prohibited Use or a Prohibited Business as set forth below.

In such instances, Owny will reverse the transaction and we are under no obligation to allow you to reinstate a purchase or sale order at the same price or on the same terms as the cancelled transaction.

All costs and expenses, including attorneys' fees, shall be borne exclusively by you and Owny may offset these costs and expenses against any currency held for your benefit by Owny before returning your account balance to you.

Prohibited Use.

In connection with your use of the Owny Services, and your interactions with other users, and third parties you agree and represent you will not engage in any Prohibited Business or Prohibited Use defined herein.

We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request.

We reserve the right to cancel and/or suspend your Owny Account(s) and/or block transactions or freeze funds immediately and without notice if we determine, in our sole discretion, that your Account is associated with a Prohibited Use and/or a Prohibited Business.

Prohibited Use – defined

You may not use your Owny Account(s) to engage in the following categories of activity ("Prohibited Uses").

The specific types of use listed below are representative, but not exhaustive.

If you are uncertain whether your use of this Site involves a Prohibited Use, or have questions about how these requirements apply to you, please contact us.

By opening a Owny account, you confirm that you will not use your Account to do any of the following:

Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in the countries where Owny conducts business, including but not limited to the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC"), or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information
Abusive Activity: Actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information;
transmit or upload any material to the Site that contains viruses, trojan horses, worms, or any other harmful or deleterious programs;
attempt to gain unauthorized access to the Site, other computer systems or networks connected to the Site, through password mining or any other means;
use Owny account information of another party to access or use the Site, except in the case of specific Issuers and/or applications which are specifically authorized by a user to access such user's account and information;
or transfer your account access or rights to your account to a third party, unless by operation of law or with the express permission of Owny.
Abuse Other Users: Interfere with another individual's or entity's access to or use of this Site;
defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others;
incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others;
harvest or otherwise collect information from this Site about others, including without limitation email addresses, without proper consent
Fraud: Activity which operates to defraud Owny, Owny users, or any other person; provide any false, inaccurate, knowingly incomplete, or misleading information to Owny
Intellectual Property Infringement: Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law;
use Owny intellectual property, name, or logo, including use of Owny trade or service marks, without express consent from Owny or in a manner that otherwise harms Owny or the Owny brand;
any action that implies an untrue endorsement by or affiliation with Owny

Prohibited Businesses

In addition to the Prohibited Uses described above, the following categories of businesses and business practices are barred from this Site ("Prohibited Businesses").

The specific types of use listed below are representative, but not exhaustive.

If you are uncertain whether your use of this Site involves a Prohibited Business or have questions about how these requirements apply to you, please contact us.

By opening a Owny account, you confirm that you will not use this Site in connection with any of following businesses, activities, or practices:

Intellectual Property or Proprietary Rights Infringement: Sale or distribution of licensed materials without the appropriate authorization from the rights holder
Multi-level Marketing: Pyramid schemes, network marketing, and referral marketing programs
Unfair, predatory or deceptive practices: Investment opportunities or other services that promise high rewards; sale or resale of a service without added benefit to the buyer;
resale of government offerings without authorization or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory toward Investors
High risk businesses: any businesses that we believe poses a materially elevated financial risk, legal liabilities
Illegal products and services
Illegal drugs, substances designed to mimic illegal drugs, and equipment designed for making or using drugs
Fake references or ID-providing services
Telecommunications manipulation equipment including jamming devices
Any business or organization that a. engages in, encourages, promotes or celebrates unlawful violence or physical harm to persons or property, or b. engages in, encourages, promotes or celebrates unlawful violence toward any group based on race, religion, disability, gender, sexual orientation, national origin, or any other immutable characteristic
Any other products or services that are in violation of law in the jurisdictions where your business is located or targeted to
Products and services that infringe intellectual property rights
Sales or distribution of music, movies, software, or any other licensed materials without appropriate authorization
Counterfeit goods; illegally imported or exported products
Unauthorized sale of brand name or designer products or services
Any other products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, proprietary or privacy rights of any third party
Products and services that are unfair, predatory, or deceptive
Pyramid schemes
‘Get rich quick’ schemes including: investment opportunities or other services that promise high rewards to mislead consumers; schemes that claim to offer high rewards for very little effort or up front work; sites that promise fast and easy money; businesses that make outrageous claims, use deceptive testimonials, use high-pressure upselling, and/or use fake testimonials; (with or without a written contract) offering unrealistic incentives/rewards as an inducement to purchase products or services but do not respond to any queries after the purchase
No value added services including sale or resale of a service without added benefit to the buyer and resale of government offerings without authorization or added value
Sales of online traffic or engagement
Negative response marketing and telemarketing
Predatory mortgage consulting, lending, credit repair and counseling services
Predatory investment opportunities with no or low money down
Remote technical support; mugshot publication or pay-to-remove sites; essay mills; chain letters; door-to-door sales
Any other businesses that Owny considers unfair, deceptive, or predatory towards consumers
Adult content and services
Pornography and other mature audience content (including literature, imagery and other media) depicting nudity or explicit sexual acts
Adult services including prostitution, escorts, pay-per view, sexual massages, and adult live chat features
Adult video stores
Gentleman's clubs, topless bars, and strip clubs
Certain legal services
Law firms collecting funds for purposes other than legal service fee payment
Bankruptcy attorneys
Bail bonds
Firearms, explosives and dangerous materials
Guns, gunpowders, ammunitions, weapons, fireworks and other explosives
Peptides, research chemicals, and other toxic, flammable and radioactive materials
Gambling
Games of chance including gambling, internet gambling, sweepstakes and contests, fantasy sports leagues with for a monetary or material prize
Sports forecasting or odds making with a monetary or material prize
Lotteries
Bidding fee auctions
Marijuana
Cannabis products
Cannabis dispensaries and related businesses
Products containing any amount of CBD/THC
Misuse of Owny products
Use of Owny with false identity or providing Owny with false, inaccurate, or misleading information
Use of Owny principally as a virtual terminal (e.g., submitting card transactions by manually inputting card information)
Processing where there is no bona fide good or service sold, or donation accepted; card testing
Evasion of card network chargeback monitoring programs

Transaction Limits

The use of all Owny Services is subject to a limit on the amount of volume, stated in U.S. Dollar terms, you may transact or transfer in a given period (e.g., daily).

Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors.

Owny reserves the right to change applicable limits as we deem necessary in our sole discretion.

If you wish to raise your limits beyond the posted amounts, you may submit a request at https://www.owny.com/contact.

We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with Owny staff (such process, "Enhanced Due Diligence").

Owny reserves the right to charge you costs and fees associated with Enhanced Due Diligence, provided that we notify you in advance of any such charges accruing.

In our sole discretion, we may refuse to raise your limits, or we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence.

Suspension, Termination, and Cancellation

Owny may: (a) suspend, restrict, or terminate your access to any or all of the Owny Services, and/or (b) deactivate or cancel your Owny Account(s) if: (i) We are so required by a facially valid subpoena, court order, or binding order of a government authority;

(ii) We reasonably suspect you of using your Owny Account(s) in connection with a Prohibited Use or Business;

(iii) Use of your Owny Account(s) is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity;

(iv) Our service partners are unable to support your use;

(v) You take any action that Owny deems as circumventing Owny's controls, including, but not limited to, opening multiple Owny Accounts or abusing promotions which Owny may offer from time to time;

or (vi) You breach our Terms of Service.

If Owny suspends or closes your account, or terminates your use of Owny Services for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits Owny from providing you with such notice.

You acknowledge that Owny's decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to Owny' risk management and security protocols.

You agree that Owny is under no obligation to disclose the details of its risk management and security procedures to you.

You may cancel your Owny Account(s) at any time by withdrawing all balances and letting us know at https://www.owny.com/contact.

You will not be charged for canceling your Owny Account(s), although you will be required to pay any outstanding amounts owed to Owny.

You authorize us to cancel or suspend any pending transactions at the time of cancellation.

DEATH OF ACCOUNT HOLDER

For security reasons, if we receive legal documentation confirming your death or other information leading us to believe you have died, we will freeze your Owny Account and during this time, no transactions may be completed until:(i) your designated fiduciary has opened a new Owny Account, as further described below, and the entirety of your Owny Account has been transferred to such new account, or (ii) we have received proof in a form satisfactory to us that you have not died.

If we have reason to believe you may have died but we do not have proof of your death in a form satisfactory to us, you authorize us to make inquiries, whether directly or through third parties, that we consider necessary to ascertain whether you have died.

Upon receipt by us of proof satisfactory to us that you have died, the fiduciary you have designated in a valid Will or similar testamentary document will be required to open a new Owny Account.

If you have not designated a fiduciary, then we reserve the right to (i) treat as your fiduciary any person entitled to inherit your Owny Account, as determined by us upon receipt and review of the documentation we, in our sole and absolute discretion, deem necessary or appropriate, including (but not limited to) a Will, a living trust or a Small Estate Affidavit, or (ii) require an order designating a fiduciary from a court having competent jurisdiction over your estate.

In the event we determine, in our sole and absolute discretion, that there is uncertainty regarding the validity of the fiduciary designation, we reserve the right to require an order resolving such issue from a court of competent jurisdiction before taking any action relating to your Owny Account.

Pursuant to the above, the opening of a new Owny Account by a designated fiduciary is mandatory following the death of a Owny Account owner, and you hereby agree that your fiduciary will be required to open a new Owny Account and provide the information required in order to gain access to the contents of your Owny Account.

UNCLAIMED PROPERTY

If Owny is holding funds (whether fiat currency or Digital Currency) in your account, and Owny is unable to contact you and has no record of your use of the Services for several years, applicable law may require Owny to report these funds (including fiat currency and Digital Currency) as unclaimed property to the applicable jurisdiction.

If this occurs, Owny will try to locate you at the address shown in our records, but if Owny is unable to locate you, it may be required to deliver any such funds to the applicable state or jurisdiction as unclaimed property.

You agree that we shall have no liability to you for any funds transferred to a state or other jurisdiction pursuant to this paragraph.

RELATIONSHIP OF PARTIES

Owny is an independent contractor for all purposes.

Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, you and Owny to be treated as partners, joint venturers, or otherwise as joint associates for profit, or either you or Owny to be treated as the agent of the other.

PRIVACY OF OTHERS AND MARKETING

If you receive information about another user through the Owny Services, you must keep the information confidential and only use it in connection with the Owny Services.

You may not disclose or distribute a user's information to a third party or use the information except as reasonably necessary to effectuate a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user's express consent to do so.

You may not send unsolicited email to a user through the Owny Services.

PASSWORD SECURITY AND CONTACT INFORMATION

You are responsible for creating a strong password and maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the Owny Services.

Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your Owny Account(s) by third-parties and the loss or theft of any Digital Currency and/or funds held in your Owny Account(s) and any associated accounts, including your linked bank account(s) and credit card(s).

You are responsible for keeping your email address and telephone number up to date in your Account Profile in order to receive any notices or alerts that we may send you.

You should never allow remote access or share your computer screen with someone else when you are logged on to your Owny Account.

Owny will never under any circumstances ask you for your IDs, passwords, or 2-factor authentication codes.

We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of Owny and/or your failure to follow or act on any notices or alerts that we may send to you.

In the event you believe your Owny Account(s) has been compromised, contact Owny Support immediately at https://www.owny.com/contact.

RELIANCE ON INFORMATION POSTED

The information presented on or through the Site is made available solely for general information purposes.

We do not warrant the accuracy, completeness, or usefulness of this information.

Any reliance you place on such information is strictly at your own risk.

We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties, including materials provided by other Users, and third-party licensors, syndicators, aggregators, and/or reporting services.

All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Owny, are solely the opinions and the responsibility of the person or entity providing those materials.

These materials do not necessarily reflect the opinion of Owny.

We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

CHANGES TO THE SITE

We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date.

Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE

All information we collect on this Site is subject to our Privacy Policy.

By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

LINKS FROM THE SITE

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only.

This includes links contained in advertisements, including banner advertisements and sponsored links.

We have no control over the contents of those sites or resources, and, accept no responsibility for them or for any loss or damage that may arise from your use of them.

If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

GEOGRAPHIC DISCLAIMER

The owner of the Site is based in the state of California in the United States.

Though this site is accessible by persons outside of the United States, we make no claims that the Site or any of its content is accessible or appropriate outside of the United States.

Access to the Site may not be legal by certain persons or in certain countries.

If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code.

You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK.

THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

NEITHER OWNY NOR ANY PERSON ASSOCIATED WITH OWNY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE.

WITHOUT LIMITING THE FOREGOING, NEITHER OWNY NOR ANYONE ASSOCIATED WITH OWNY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, OWNY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL OWNY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF ORIN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Owny, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Submissions, any use of the Site's content, Services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

DISPUTE RESOLUTION

The Terms shall be governed by law of the State of Delaware law and subject to the exclusive jurisdiction of the state Delaware Chancery Courts and federal courts located in the state of Delaware, without regard to the choice or conflicts of law provisions of any jurisdiction.

All claims arising from use of the Site will be exclusively resolved by binding arbitration.

YOU UNDERSTAND THAT BY REQUIRING ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURE OR HAVE A JURY TRIAL.

Any dispute, controversy or claim arising between You and Owny will be settled by binding arbitration, before three arbitrators, administered by the American Arbitration Association under and in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction.

Any arbitration will be held in Palo Alto, California. Each of the Parties will equally bear any arbitration fees and administrative costs associated with the arbitration.

The prevailing Party, as determined by the arbitrators, will be awarded its costs and reasonable attorneys' fees incurred in connection with the arbitration

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY

No waiver by Owny of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Owny to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT

The Terms of Use are the entire agreement between you and Owny with respect to the Service and use of the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Owny with respect to the Site.