Terms and Conditions

Last updated December 19, 2023

Article 1 (Purpose)

These Terms and Conditions describe the rights, obligations, and responsibilities of you (the “User”, “you”) and OpenHarbor Co., Ltd. (the “Company”) in relation to the Services (as defined below) provided by the Company.

When using the Services, you will be subject to additional posted guidelines or rules applicable to certain features of the Services, which may be posted from time to time on the App or the Website (the “Service Guidelines”), which are also hereby incorporated by reference into these Terms and Conditions (the “Terms”). User and the Company may be collectively referred to as the “Parties” and individually as a “Party”.

Article 2 (Definitions)

The definitions of terms used in these Terms are as follows:
1. “App” or “Service App” means “OpenHarbor,” a smartphone-exclusive application installed on a Mobile Phone for the provision and use of the Services.
2. “Exchange Account” means your existing exchange account that has completed KYC procedure in the cryptocurrency exchange provider’s platform. You must connect your OpenHarbor Account to exchange Account in order to use the Services provided in the App.
3. “Maintenance Work” shall have the meaning set forth in Clause 14.2 hereof.
4. “Mobile Phone” or “device” means a smartphone device capable of internet usage via Wi-Fi and data.
5. “OpenHarbor Account” means your account for using the Services in the App, which must be connected to your Exchange Account.
6. “Right of Use and Exploitation” shall have the meaning set forth in Clause 4.7 hereof.
7. “Rules” means the target strategies employed by the Company to provide the Services. The range of rules is subject to change in accordance with the Company’s future amendments to the interface.
8. “Services” means the App service developed and fully owned by OpenHarbor, offering a non-custodial platform where you may subscribe to automated algorithmic trading strategies by connecting your Exchange Account through API key.
9. “Subscription” shall have the meaning set forth in Clause 7.1 hereof.
10. “Third Party Sourced Services” shall have the meaning set forth in Article 23 hereof.
11. “User” means an individual or legal entity who has signed up for or uses the Services.
12. “Website” means the Services-specific website of the Company accessed through the Internet for the provision and use of the Services.
Any terms not defined in this Article or other provisions of these Terms shall be subject to relevant laws and regulations and the Service Guidelines.

Article 3 (Effectiveness and Amendment of the Terms)

These Terms are effective on the date first written above.
The Company may amend these Terms when deemed necessary. In the event of an amendment, the Company shall notify Users of the effective date and reasons for the amendment on the Website and the App no later than 14 calendar days prior to the effective date. However, if the Company believes in its sole and absolute discretion that the amendment is material, the Company shall notify you of the amendment at least 30 calendar days in advance.
If you do not agree to the amended Terms, you may discontinue the use of the Services and terminate your Subscription. Continued use of the Services following the effectiveness of the amended Terms shall indicate your acknowledgment of such amendment and agreement to be bound by them.
By signing up for the Services and/or logging in and using the Services, you shall be deemed to have fully understood the contents of these Terms, have agreed to them, and have agreed to accept the Services in accordance with these Terms.
Subject to relevant laws and regulations, the Company shall not be held responsible for any damages or losses incurred by you due to your lack of knowledge of the contents of these Terms (including the amended content in the event of an amendment).

Article 4 (Sign-up; License Grant)

In order to sign-up and use the Services, you must be at least eighteen (18) years of age.
You may sign up for the Services by downloading the App through Google Play Store or Apple App Store and going through the registration process using an email address. In order to complete the registration process, you must accept and agree to these Terms. These Terms become a binding agreement (legal contract) when you accept them. Once you complete the registration process, your OpenHarbor Account is created and the Company provides you with an OpenHarbor Account to access and use the Software.
By accepting these Terms during the registration process and also by continuing the use of the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms.
In order to use the Services, during the registration process you must provide certain information about you as prompted by the registration screen. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information.
Subject to these Terms, the Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely for your own personal, noncommercial use.
You shall not sublicense, copy, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed on the App or on the Website.
You may create content(User Contents) such as information, messages, words, sounds, writings, images, graphics, pictures, videos, or voices on the Service App. When the Services use any User Contents, you hereby grant to the Company, a non-exclusive, royalty-free, worldwide license to use, copy, modify, sublicense, and distribute User Contents on and through the App or the Website on your behalf solely for the purposes of:
1. providing the Services;
2. conducting research, and developing new products and services;
3. predictive analytics and insights;
4. improvement and further development of the Services; and
5. other, including commercial use ("Right of Use and Exploitation").
The license shall be automatically terminated if you violate any of these restrictions and may be terminated by the Company at any time.

Article 5 (User’s Obligations regarding the Management of Account)

After creating the OpenHarbor Account, you are prompted to complete your OpenHarbor Account’s profile, and you will be guided through different steps, including connecting your OpenHarbor Account with your existing Exchange Account. You are responsible for the management of your User ID and password, and must not allow third parties to use them.
In order to use the functions of the Services, you must have an Exchange Account. You acknowledge that you are entering into a separate legal relationship with such Exchange(s) and you are bound by the terms and conditions of the cryptocurrency exchange provider(s). The Company does not review the Exchange Account for accuracy, legality or non-infringement.
To connect your Exchange Account, you must log in to your Exchange Account, create an API key, return to the Services, and provide the relevant API key information on the App. Prior to providing your API Key information, you are required to confirm that the Exchange Account belongs to you personally and you are not connecting someone else’s account. When you have concluded this step, your Exchange Account shall be displayed on the “Dashboard” tab.
The Company shall not be held responsible for any damages incurred as a result of your negligence in managing your Exchange Account or granting access to the Exchange Account to third parties.
If you want to terminate your activity on the App and permanently delete your OpenHarbor Account and User details, you have a right to request the Company’s Support Team to delete your OpenHarbor Account and all the data associated with it. Except otherwise required by the applicable law, the Company will not store the data you provided on the App during the period of your activity and will delete your Account permanently. You can delete your OpenHarbor account through the Company’s App or you can contact the Company by email on general@openharbor.finance.
You acknowledge that your OpenHarbor Account is personal to you, and you are obliged not to provide any other person with access to the Services or portions of it using your email address, password, or other security information.
1. You are responsible for maintaining the confidentiality of your data and for monitoring and, if necessary, restricting access to your devices. Any email address, password or any other information chosen by you or provided to you as a part of the Company’s security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your OpenHarbor Account from a public or shared computer so that others are not able to view or record your password or other OpenHarbor Account information. You agree to ensure that you logout from you OpenHarbor Account at the end of each session.
2. You accept responsibility for all activities that occur under your OpenHarbor Account or from your devices in relation to the Services and your OpenHarbor Account, including any misuse of your OpenHarbor Account. The Company will use reasonable and industry-standard security measures to protect you from unauthorized access to your OpenHarbor Account. You agree to notify the Company immediately of any unauthorized access to or use of your OpenHarbor Account or any other breach of security. If you fail to notify the Company accordingly, the Company might not be able to prevent such unauthorized access or other breach of security or take corresponding security measures.
3. You acknowledge and agree that to the extent permitted by applicable law, the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the unauthorized use of your OpenHarbor Account arising from a failure on your part to maintain the confidentiality of your password, if the Company has performed the Company’s obligation to apply reasonable and industry-standard security measures.

Article 6 (Contents of the Services)

The Services provide a non-custodial platform where you can subscribe to automated algorithmic trading strategies by connecting your OpenHarbor Account and your Exchange Account through API.
The Services include multiple features that can be used after the Subscription process has been completed. To use the Services’ various features, the App must be installed on the Mobile Phone to which the features will be applied, and the relevant settings such as granting permissions for certain features must be completed. Some features may not function correctly due to factors such as the Mobile Phone’s location outside the network coverage area, network disconnection, or other factors.

Article 7 (Subscription)

Your selection of the Subscription plan and its term (e.g., a month or a year), as well as the submission of your payment information, constitute an offer to conclude an agreement with the Company for the use of the Services functions under these Terms. The offer must be accepted by the Company and the Company may choose not to accept the offer at its sole discretion. Your offer will be accepted at such time at which you receive confirmation from the Company or the Company activates your selected Subscription functions (“Subscription”).
The details regarding payment method and the fee associated with the Subscription of Services are as follows:
1. Payment method: To Subscribe for Services, you must make payments through payment methods processed by third party payment vendors, which are Google Play Store or Apple App Store (“Third Party Payment Vendors”). By purchasing a Subscription using any of the said payment methods, you also enter into an agreement with Google LLC (“Google”) or Apple Inc. (“Apple”). Your relationship with Google or Apple is governed by Google or Apple’s Terms available in the following links:
  Google: https://play.google.com/about/play-terms/
  ‍Apple: https://www.apple.com/legal/privacy/data/en/apple-store-app/#:~:text=We%20collect%20your%20personal%20data,offer%20personalized%20recommendations%20for%20you
2. The Subscription fee will be automatically charged according to the billing cycle through the registered payment method on each payment date, and the Subscription period will be automatically renewed until the next payment date. If promotions (free trials, etc.) are applied, the Subscription fee will be charged after such benefits (e.g., free trials, etc.) have ended. If you cancel the Subscription or the Subscription is otherwise terminated, you may use the Services normally during the remaining Subscription period for which payment has been made, and you will not be charged further at the end of the Subscription period. If the Subscription fee payment through the registered payment method is not processed by the Third Party Payment Vendors, the Subscription will be terminated.
The Company shall not be responsible for any payments made to the Third Party Payment Vendors caused by your failure to use the in-app purchase prevention function or your negligence in exposing the password.
Payment limits may be imposed for each payment method in accordance with the policies of the Third Party Payment Vendors.
If you wish to discontinue the Subscription, you must cancel the Subscription at least one (1) day before the end of the Subscription period. If not canceled, the Subscription fee will be automatically charged on the designated payment date every month, regardless of actual usage of the Services.
A detailed description of the Subscription, including the prices and the functions associated with each type of Subscription, is available on the App. The Company reserves the right to change the Subscription fee at any time. Changes in Subscription fee will take effect from the next billing period, and the Company will provide reasonable prior notice to you regarding the fee changes in order to provide you with an opportunity to discontinue the Subscription from the next billing period. Continued use of the Services will be deemed as an agreement to pay the modified Subscription fee.
Upgrade: If you wish to upgrade your Subscription, you may do so at any time through the App. Your new Subscription will start after the payment has been processed. Your new Subscription will be activated immediately after processing of your payment, irrespective of any remaining time on your old Subscription. Ordering a new Subscription will result in the immediate termination of your old Subscription, and conclusion of a new Subscription. Any funds you may be eligible from your old Subscription will be calculated towards your new Subscription, meaning you will only pay the difference between your new Subscription payment and the proportion of funds not used under the old Subscription.
We will make the Company’s cancellation policy details available through the App.
Deleting the App does not terminate the Subscription of the Services. Termination of Subscription is a separate procedure, and you must contact Google Play Store or Apple App Store to proceed with the termination of Subscription.
The period during which the Company provides the Services is from the date the application for Subscription is approved by the Company until the termination of the Subscription.
The Services are provided 24 hours a day, 365 days a year, as a general principle.
The price charged for the Subscription selected by you will be the price advertised on the Services at the time the order is placed, subject to the Subscription and the terms of any promotions or discounts, your geographical location or residence, and chosen payment method. You will be charged the price advertised at the time you placed an offer to conclude the Subscription.
The prices posted in the Services may not include applicable discounts or taxes until the profile data in your OpenHarbor Account is fully completed by you. The Company strives to display accurate price information, however, the Company may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. The Company reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

Article 8 (Closing OpenHarbor Account)

You may delete your OpenHarbor Account at any time and without giving any reasons via your OpenHarbor Account settings, where the Company has made this option available to you. If the User deletes the OpenHarbor Account, the Company (i) will delete your information and data, except to the extent that the Company is obligated or permitted to retain such information and data, and (ii) convert your assets connected with the Exchange Account to USDT. You agree that converting your assets to USDT may incur some losses to your assets. You authorize us to cancel or suspend any pending transactions under the Subscription at the time of closing of your OpenHarbor Account, and to deduct any outstanding amounts that you owe to the Company.
In certain cases, you may not be able to close your OpenHarbor Account, including where:
1. you are trying to evade an investigation by relevant authorities;
2. you have a pending transaction under the Subscription or an open claim;
3. your OpenHarbor Account has any outstanding amounts owed to the Company; or
4. your OpenHarbor Account is subject to a freeze, hold, limitation or reserve.
Regardless of the party initiating the termination, the termination of the OpenHarbor Account will mean that: (i) concurrently with the termination of the OpenHarbor Account, also the Subscription (if relevant) will be terminated and thus your access to the Services and products and services made available in connection therewith is revoked; (ii) you are prohibited from any further use of the Services; and (iii) any and all data and information residing in your OpenHarbor Account or pertaining to activity from your account will be irretrievably deleted, except to the extent that the Company is obligated or permitted to retain such content, data or information in accordance with applicable laws and regulations. You agree that all such measures will be carried out by the Company and that the Company will not make itself liable to you or any third parties as a result of any such measure for any reason, to the extent this is permitted by applicable law.
The Company will promptly delete your personal information one (1) year after you delete your OpenHarbor Account.

Article 9 (Reservation of Approval of Application for Subscription and Suspension of Services)

When you apply for the Subscription according to Article 7, the Company generally approves it. However, the Company may withhold or refuse the approval of application for Subscription under the following circumstances until the relevant issues are resolved:
1. In case the Services cannot be provided due to technical reasons;
2. In case the Third Party Payment Vendor does not confirm your payment of the Subscription fee;
3. In case your Mobile Phone has issues with receiving messages (SMS/MMS) or app push notifications for any reasons;
4. In case you have arbitrarily changed the operating system (OS) or device information of the Mobile Phone being used through rooting, jailbreaking, or similar methods;
5. In case providing normal Services is impossible due to device characteristics or issues with the OS version; or
6. In case you are a resident of a country prohibited from export by the United States or South Korea or is a foreign individual or organization blocked or denied by the governments of the United States or South Korea.
The Company may temporarily suspend the Services for a period determined by the Company due to regular inspections or technical or operational issues of the Company.
In the event of war, civil unrest, hostilities, restraints of rulers or people, revolution, civil commotion, strike, labor disturbances, epidemic, accidents, fire, lightning, flood, wind, storm, earthquake, (and any other Acts of God), explosion, blockade or embargo or similar national emergencies, or any cause or circumstance outside the reasonable control of the Company or in case there is a possibility of their occurrence, or in case the telecommunications service provider suspends telecommunications services (each, a “Force Majeure Event”), the Company may restrict or suspend all or part of the Services.

Article 10 (Company’s Rights)

The Company may at any time modify or discontinue, temporarily or permanently, any portion or feature of the Services. In particular, the Company may: (1) refuse to complete or block, cancel, or, where permitted by applicable law, reverse any transaction you have authorized under the Subscription; (2) terminate, suspend, or restrict your access to any or all of the Services; (3) terminate, suspend, close, hold or restrict your access to any or all of your OpenHarbor Account; (4) refuse to transmit information to third parties; and/or (5) take whatever action the Company considers necessary, in each case with immediate effect and for any reason including, but not limited to where:
1. you are not, or are no longer, eligible to use one or more Services;
2. if there are reasons to suspect that your credentials have been wrongfully disclosed to an unauthorized third party and the Software is being used under such credentials;
3. the Company has reasonable concerns in relation to your creditworthiness or financial status;
4. if you fail to pay any part of the Subscription payment after having been notified of the failure by the Company;
5. if your actions or omissions relating to the use of the Software interfere with or prevent the normal operation of the Software or otherwise cause, or are likely to cause, harm, damage or other detrimental effects to the Software, Services or other users of the Software;
6. if you refuse to provide the required clarifications within the time requested;
7. we have determined or suspect:
  1. that you have breached the Company’s Terms or Privacy Policy;
  2. that you have breached any express or implied warranties in these Terms, or any representations you have made;
  3. that any transaction under the Subscription is unauthorized, erroneous, fraudulent, or unlawful or the Company has determined or suspects that your OpenHarbor Account is being used in a fraudulent, unauthorized, or unlawful manner; or
  4. there is any occurrence of money laundering, terrorist financing, fraud or any other crime in connection with your OpenHarbor Account or your use of the Services;
8. the use of your OpenHarbor Account is subject to any pending, ongoing or threatened litigation, investigation, or judicial, governmental or regulatory proceedings and/or the Company perceives a heightened risk of legal or regulatory non-compliance associated with your OpenHarbor Account activity;
9. you owe amounts to the Company that are not satisfied, whether due to a chargeback or on any other basis;
10. any email communication to your email account is returned as undeliverable;
11. an issue has arisen with the verification of your identity;
12. the Company reasonably considers that it is required to do so by applicable law, or any court or authority to which the Company is subject in any jurisdiction; or
13. the Company reasonably considers that there is any other valid reason to do so.

The Company will take reasonable steps to provide you with appropriate notice. However, there might be times when the Company is required not to do so by applicable law.

Article 11 (Minors)

The Children’s Online Privacy Protection Act (“COPPA”) requires that the Company inform parents and legal guardians about how the Company collects, uses, and discloses personal information from children under 13 years of age; and that the Company obtain the consent of parents and guardians in order for children under 13 years of age to use certain features of the Company’s Services.
The Company does not knowingly collect personal information from children under the age of 18 or knowingly allow such persons to register for the Services. The Services are not directed at children under the age of 18. By accepting the Terms, you represent and warrant to the Company that you are at least 18 years old. If the Company becomes aware that personal information has been collected from a child under the age of 18 through registration without parental or guardian consent, it will immediately delete the relevant information and take reasonable measures.
If you who are a parent or guardian of a child under 18 years of age sign up for the Services to protect a Mobile Phone and allow it to be primarily used by the child, you shall be deemed to have agreed that the Company may collect the information on the child necessary for the Services to be provided to or for the child’s Mobile Phone.

Article 12 (Provision of Information and Advertisement Placement)

When operating the Services, the Company may provide Users with necessary information such as payment instructions, policy changes, and malfunctions by posting on the Website or sending emails, push messages, and other methods.
When operating the Services, with your prior consent, the Company may provide various advertisements relating to the Company or Partner services to Users by email, messages (SMS/MMS), push messages, and other methods.

Article 13 (Data Collection and Use)

The Company may collect and use personal information of Users. The collection, use, and disclosure of personal information is subject to the Company’s Privacy Policy, which can be found here and is incorporated in these Terms by reference.
The Company strictly maintains the security of User’s personal information as indicated in the Privacy Policy.

Article 14 (Company's Obligations)

The Company will exercise commercially reasonable efforts to provide the Services continuously and stably in accordance with the provisions of these Terms. However, in the event of a Force Majeure Event, the Company may suspend the Services.
From time to time the Company will perform preventive inspections, maintenance, and repairs of relevant systems, procedures, and functions (the “Maintenance Work”) to ensure stable provision of Services to Users. In the event of Service disruptions caused by the Maintenance Work, the Company will exercise commercially reasonable efforts to promptly repair and restore the Services unless there are extraordinary circumstances that are not within the Company’s control.
In case you have any complaints regarding the Company and/or its services, you have the right to lodge a complaint by following the Company’s Complaint Procedure. The Company will promptly handle User complaints related to the Services.
The Company may provide you, at no additional cost, with updates which contain:
1. Enhancements. From time to time digital content requires further development and adaptation to new technical possibilities or changes in user environment/infrastructure. To the extent this does not adversely affect the subjective or objective conformity requirements of the Services or your access or use of the Services (i.e. which are no debuggings or modifications), the Company may provide you with updates, new Services versions and releases that include technical adaptations or additional services, functions, links, integrate additional (module) services or redesign and recompile services, as well as change the name and appearance of the Services. The Company is not obliged to supply enhancements.
2. Debuggings. The Company will provide you with updates, including security updates that contain debuggings which keep the Services in conformity with the subjective or objective requirements including legal, regulatory and judicial requirements for the period of your use of the Services. The Company shall inform you about the availability of updates with debuggings and the consequences of the failure to install such updates, as well as provide you with an installation instruction.
3. Modifications. The Company may provide you with updates that contain modifications to the Services beyond what is necessary to maintain conformity of the Services. The Company may make modifications if and to the extent that (a) functions of the Services or parts thereof are no longer used to an extent that justifies their maintenance and continued operation, (b) (new or amended) legal, regulatory or judicial requirements would require adjustments of the Services which would be economically unreasonable to the Company, (c) changes in the technical conditions of the Services environment or infrastructure that are beyond the Company's control and that complicate maintenance and continued operations of the Services to an extent which would be economically unreasonable to the Company. The Company shall inform you of the Modifications. If the Modification negatively impacts your access to or use of the Services, and the impact is not only minor, the following applies to such information: The Company shall inform you via the Services in advance of the features and time of the Modification and bring to your attention if it is possible for you to maintain without additional cost the Services without the Modification or if you have the right to terminate the contract in accordance with Article 8 of these Terms.

Article 15 (User's Obligations)

You are responsible for your own settings of the Services made in the App or the Website and bear responsibility for any consequences resulting from your negligence.
You may use the Services only within the intended purpose and permitted use. Any use for other purposes or particular misuse of the Services is not permitted. When using the Services, you shall not engage in the following actions:
1. Replicating or distributing information obtained through the Company’s Services or using it for commercial purposes without the Company’s prior written consent;
2. Damaging the reputation of others or causing harm to others, impersonating others, or falsely representing relationships with others;
3. Distributing User Contents (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable, (iii) that is harmful to minors in any way, or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party;
4. Transmitting information that intentionally disrupts or interferes with the operation of the Services or its stable operation;
5. Transmitting or posting information (including computer programs) prohibited by relevant laws;
6. Distributing false information for the purpose of benefiting oneself or others or causing harm to others financially;
7. Posting or sending materials that include Services viruses, other computer codes, files, or programs designed to disrupt or destroy the normal operation of computer Services, hardware, or telecommunications equipment;
8. Taking any action that imposes an unreasonable or disproportionately large load on, or waste of valuable time for, the Company's infrastructure or resources, including, but not limited to, sending or promoting the distribution of “spam,” “junk mail,” chain letters, or other such unsolicited or unlawful mass e-mailing techniques;
9. Accessing or attempting to access the Company’s information technology systems, environments, networks, files, data or accounts to which express authorization has not been obtained (including access to data not intended for you), or log into a server or account that you are not authorized to access;
10. engage in any activity that attempts to reverse engineer, disassemble, decompile, hack or extract any proprietary Services used to maintain the Services; and/or
11. interfere with or disrupt the App or servers or networks connected to the App, including but not limited to hacking or bypassing any measures the Company may use to prevent unauthorized access to the App.
You shall comply with relevant laws, the provisions of these Terms and the Service Guidelines, and any other matters notified by the Company. You shall not engage in any actions that hinder the Company’s operations.

Article 16 (Warranties)

ALL CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE IN CONNECTION WITH THE SERVICES, UNLESS OTHERWISE EXPRESSLY STATED IN WRITING BY THE COMPANY, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, OTHER THAN THOSE WARRANTIES WHICH, UNDER SINGAPORE OR OTHER JURISDICTIONAL LAWS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION. THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY OR NON-INFRINGEMENT.
NONE OF THE COMPANY, ITS AFFILIATES, THE PARTNERS AND ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, HOSTING AND/OR DISTRIBUTION OF THESE SERVICES, WARRANTS THAT THE FUNCTIONS, FEATURES OR SERVICES CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE COMPANY OR PARTNER SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT THE SERVICES PROVIDE TO YOU IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY CONTENT, SERVICE, AND/OR MERCHANDISE PROVIDED OR ACQUIRED PURSUANT TO YOUR USE OF THE SERVICES.

Article 17 (OpenHarbor Investment Disclaimer)

No Investment Advice. The information provided on the App, Website, or the Terms, do not constitute investment advice, financial advice, trading advice, or any other sort of advice. The Company does not recommend that any cryptocurrency should be bought, sold, or held by you. Nothing on this App or the Website should be taken as an offer to buy, sell, or hold a cryptocurrency. You should take reasonable steps to conduct your own due diligence and consult your financial advisor before making any investment decision. The Company will not be held responsible for the investment decisions you make based on the information provided on the App or the Website, within the Services or on any of the Company’s public channels such as social media or otherwise.
Accuracy of Information. The Company will strive to ensure the accuracy of the information listed on this App or Website, on the Company’s social media accounts including Twitter, Instagram, Telegram, Facebook, LinkedIn, or on any of the Company’s communication channels, although The Company will not hold any responsibility for any missing or inaccurate information. You understand that you are using any and all information available from the Company AT YOUR OWN RISK. You should take adequate steps to verify the accuracy and completeness of any information on the App or Website, on the Company’s social media platforms, or on any other Company’s communication channels.
Price Risk. The price of Bitcoin and other cryptocurrencies are highly volatile. It is possible for prices to increase or decrease by over 100% in a single day. Although this could mean potential profits, this also could mean potential losses. Only invest money which you are ready to lose. Cryptocurrency trading may not be suitable for all users of this App or Website. Anyone looking to invest in cryptocurrencies should consult a fully qualified independent professional financial adviser.
No Affiliation to Any Cryptocurrency. The Company is not affiliated in any manner with any cryptocurrency. The Company allows users to build automated trading strategies that get executed on third-party cryptocurrency exchanges. The Company safely stores your information and does not disclose User data directly to cryptocurrency exchanges.
Execution Risk. Trading strategies set on the Company are executed on third-party controlled exchanges. The Company is not a trading platform and does not store or trade cryptocurrencies. Any execution failures or other events related to third-party exchanges ARE ENTIRELY OUTSIDE OF THE COMPANY’S control. The Company does not take any liability for failures related to third-party exchanges. Use of third-party exchanges is solely at your own risk. Any financial risks associated with your trading decisions are reserved to you only.

Article 18 (Non-Solicitation; No Investment Advice)

You agree and understand that:
1. all trades you submit through the Interface are considered unsolicited, which means that they are solely initiated by you;
2. you have not received any investment advice from the Company in connection with any trades, including those you place via the Company’s API; and
3. the Company does not conduct a suitability review of any trades you submit.
The Company may provide information about tokens on the Company’s Platform, sourced from third-party data partners. The Company may also provide warning labels for certain tokens. The provision of informational materials does not make trades in those tokens solicited; the Company is not attempting to induce you to make any purchase as a result of information provided. All such information provided by the platform is for informational purposes only and should not be construed as investment advice or a recommendation that a particular token is a safe or sound investment. By providing token information for your convenience, the Company does not make any investment recommendations to you on the merits of any transaction or opportunity. You alone are responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances, and risk tolerance.

Article 19 (Indemnification)

You agree to indemnify, defend and hold the Company, its affiliated or related entities, Partners, licensors, licensees and suppliers and their respective officers, directors, employees and agents, harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) resulting from (i) your use of the Services, (ii) your breach of any provision of these Terms and the Service Guidelines, (iii) your violation of applicable laws or regulations, (iv) User Content and/or (v) any of your negligent acts, omissions or intentional wrongdoings.
The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company, and you agree to cooperate with the Company’s defense of these claims. You shall not agree to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Article 20 (Limitation of Liability)

The Company shall not be liable for any failure to provide the Services due to natural disasters or other Force Majeure Events.
The Company shall not be liable for any temporary suspension of the Services due to the nature of telecommunication services or repair, replacement, regular inspection, or construction of related facilities.
The Company shall not be liable to you or any third party for any damages caused by your intentional or negligent acts. The Company shall not be liable for any disruption of Services, loss of User Contents, or damages caused by your intentional or negligent acts or lack of familiarity with how to use the Services.
The Company shall not be liable to you or any third party for any legal issues arising from your storage or sharing of User Contents.
The Company shall not be obligated to intervene in any disputes between Users or between you and third parties in connection with the Services, and shall not be liable for any damages arising therefrom.
The Company shall not be liable for any damages arising from your negligence or intentional acts in managing your personal information, such as sharing it with others or providing it to others or allowing it to be used without authorization.
The Company shall not be liable for any damages caused by the failure, suspension, termination, errors or disruption of the Services functions due to (i) your Mobile Phone device error, (ii) issues caused by a third-party provided program or the network environment, or (iii) the Maintenance Work.
The Company shall not be liable for any damages caused by the suspension of the Services due to your status change, termination of the Subscription, or failure to pay Subscription fee.
The Company shall not be liable for any damages incurred by you who downloaded/installed the App through unofficial channels other than those officially provided by the Company.
The Company shall not be liable for any damages caused by the App or the Website pages accessed abnormally.
WITHOUT PREJUDICE TO THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT, SHALL THE COMPANY, ITS AFFILIATED OR RELATED ENTITIES, PARTNERS, LICENSORS, LICENSEES AND SUPPLIERS, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, OR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION AND HOSTING OF THIS SERVICE, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OF ANY KIND, WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER THE COMPANY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
THE MAXIMUM LIABILITY OF THE COMPANY IN CONNECTION WITH THE SERVICES SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR THREE HUNDRED DOLLARS, WHICHEVER IS GREATER.
The limitations of liability set forth in this Article will survive any termination or expiration of these Terms and will apply even if any limited remedy specified herein is found to have failed of its essential purpose.

Article 21 (Miscellaneous)

These Terms, including the Privacy Policy and any other URL incorporated by reference in these Terms constitute the entire agreement between you and the Company relating to your use and the Company’s provision of the Services.
The Parties agree that if a Party does not exercise or enforce any legal right or remedy which is contained in these Terms (or which it has the benefit of under any applicable law), this will not be taken to be a formal waiver of its rights and that those rights or remedies will still be available to the Party.
If any provision of these Terms is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms and the agreement between you and the Company will be deemed amended to the extent necessary to make it legal, valid, and enforceable.
The Parties hereto confirm that they have requested that these Terms, including the Subscription and all related documents, are drafted and concluded in English. Any translation hereof has been provided for information purposes only and does not have any legal value nor create any contractual relationship between the Parties.
The relationship between the Parties is that of independent contractors. Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither Party shall have authority to contract for or bind the other Party in any manner whatsoever.
You will not assign any of your rights or delegate any of your obligations under these Terms without the Company’s prior written consent. Any purported assignment or delegation in violation of this Article is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
The Company may transfer its rights and obligations under these Terms to a third party. In this case, the Company will inform you in advance of the transfer to the third party accordingly in the Services. You will have the right to terminate the OpenHarbor Account immediately if you do not agree to the transfer.
If any provision of these Terms is deemed to be unenforceable or invalid by any court or arbitrator of competent jurisdiction, for any reason, that provision will be limited or severed to the extent necessary so that these Terms will otherwise remain in full force and effect.

Article 22 (Jurisdiction; Governing Law)

In the event of a dispute between the Company and you regarding the use of the Services, the Company and you shall consult in good faith to resolve the dispute.
These Terms and the relationship between you and the Company (including any disputes) shall be governed in all respects by the laws of Singapore, without regard to its conflict of law provisions.
Any action or proceeding arising from or relating to these terms must be brought in the Courts of Singapore, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding.

Article 23 (Mobile Services from Third Party Sourced Services)

The following applies to all mobile Services purchased from the Google Play Store or Apple App Store (“Third Party Sourced Services”):

You acknowledge that the agreement under these Terms is between you and the Company, not Google or Apple.
The Services comply with Google or Apple’s then-current Google Play Store Terms of Service or Apple App Store Terms of Service.
Google and Apple are the only providers of the Google Play Store and Apple App Store through which the Services may be purchased.
The Company is not Google or Apple and is solely responsible for the administration of the Services.
Google or Apple have no obligation or liability to the Company regarding the Services or the agreement.

Article 24 (Notices)

The Company may provide any notice to you under these Terms by: (i) sending a message to the email address you provide to us and consent to us using, or (ii) by posting to the Services. Notices sent by email will be effective when the Company sends the email and notices the Company provides by posting will be effective upon posting. It is your responsibility to keep your email address current and check for incoming messages regularly.
To give us notice under these Terms, you must contact us by email at general@openharbor.finance.
To request the consent of The Company for any of the actions for which such consent is required under these Terms, please send an email to general@openharbor.finance. The Company reserves the right to refuse any such requests in its sole discretion.
Registered Address of the Company: L134, L1F, SparkPlus COEX, 524, Bongeunsa-ro, Gangnam-gu, Seoul, Republic of Korea (06164)
Email: general@openharbor.finance
Website: https://www.openharbor.finance