Terms & Conditions

​These Terms of Use govern your access to and use of https://www.octo-horizon.com/, together with all associated webpages, content, data, and materials made available through it (collectively, the “Website”), which is operated by OctoHorizon, 71 Fort Street, 3rd Floor, Georgetown, Grand Cayman, Cayman Islands (“Operator,” “we,” “us,” or “our”).

 

These Terms form a binding agreement between you (“you”, “your”), whether as an individual or on behalf of an entity, and the Operator.

 

By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Notice (together, the “Terms”).

 

If you access or use the Website on behalf of an entity, you represent and warrant that you have full authority to bind that entity to these Terms. If you do not have such authority, or if you do not agree to these Terms, you must not access or use the Website.

 

The Operator grants you access to the Website solely on the condition that you comply with these Terms. Your use of the Website does not create any commercial, advisory, fiduciary, or other business relationship between you and the Operator.

 

If you do not agree to these Terms, the Operator does not authorize your use of the Website. However, any access to or use of the Website, whether authorized or unauthorized, constitutes your acceptance of and agreement to be bound by these Terms. If you do not accept these Terms, you must immediately cease using the Website.

 

Modifications

 

The Operator reserves the right, in its sole discretion and at any time, to modify, update, suspend, discontinue, or otherwise change any aspect of the Website, in whole or in part, with or without prior notice. Your continued access to or use of the Website after any such modification constitutes your acceptance of those changes.

 

The Operator may also amend, revise, or otherwise modify these Terms (including any policies or notices incorporated by reference) at any time. Modified Terms will become effective 24 hours after (i) being posted on the Website, or (ii) delivery of notice to you, where such notice is permitted under these Terms, whichever occurs first.

 

If you do not agree to any modification of these Terms, you must immediately discontinue all access to and use of the Website. Your continued use of the Website after the effective date of any modifications constitutes your binding acceptance of the updated Terms. For the avoidance of doubt, continued access or use of the Website following any modification, even if you have not reviewed the updated Terms, will be deemed your acceptance of such modifications.

 

The Operator shall have no liability to you for any modification, suspension, or discontinuation of the Website or for any change to these Terms.

 

Intellectual Property Rights and Limited Licence to Use the Website

 

Ownership of Intellectual Property

 

The Website, including all text, graphics, logos, icons, images, audio clips, video clips, software, source code, layouts, compilations, designs, interfaces, databases, know-how, and all other content and materials available on or through the Website (collectively, the “Content”) is owned by or licensed to the Operator and is protected by applicable copyright, trademark, trade secret, and other intellectual property laws and international treaties.

 

Except for the limited rights expressly granted in these Terms, no rights, title, or interest in or to the Website or its Content are transferred to you, whether by implication, estoppel, or otherwise.

 

Limited Licence to Access and Use the Website

 

Subject to your strict compliance with these Terms, the Operator grants you a personal, revocable, limited, non-exclusive, non-transferable, and non-sublicensable licence to access and use the Website solely for your own lawful, personal, informational purposes.

 

This licence does not permit you to:

 

copy, reproduce, modify, adapt, translate, publish, display, distribute, transmit, or create derivative works of the Website or its Content;

resell, commercialise, exploit, or provide access to the Website or Content to any third party;

frame, mirror, scrape, index, harvest, or data-mine any part of the Website;

remove, alter, or obscure any copyright, trademark, or other proprietary notices; or

access or use the Website in violation of any applicable laws, regulations, or third-party rights.

 

Reservation of Rights

 

All rights not expressly granted to you under these Terms are reserved by the Operator. The Operator may revoke your licence to use the Website at any time, with or without notice, including if you violate these Terms or engage in any conduct that the Operator reasonably determines to be unlawful, harmful, or inappropriate.

 

Trademarks

 

“OctoHorizon” and any associated logos, marks, trade names, or branding (collectively, “Trademarks”) are the property of the Operator. All other trademarks appearing on the Website, if any, are the property of their respective owners. Nothing in these Terms or on the Website shall be interpreted as granting any licence or right to use any Trademark without prior written permission from the Operator or the applicable trademark holder.

 

Prohibited Use of Content

 

You may not use the Operator’s intellectual property:

 

in a manner that is misleading, deceptive, defamatory, unlawful, or harmful;

in connection with any product or service not offered by the Operator;

in a way that suggests endorsement, affiliation, partnership, approval, or sponsorship where none exists; or

for the training of artificial intelligence models or the automated extraction or replication of the Website or Content.

 

Feedback

 

If you provide the Operator with any suggestions, ideas, proposals, enhancement requests, or other feedback relating to the Website (“Feedback”), you acknowledge and agree that:

 

such Feedback is provided voluntarily;

the Operator is free to use, disclose, reproduce, modify, license, distribute, or otherwise exploit such Feedback without restriction and without any obligation of compensation; and

you waive any claim based on the Operator’s use or non-use of your Feedback.

 

Prohibited Uses

 

You agree that you will not, and will not permit, encourage, or assist any third party to, directly or indirectly:

 

Unlawful or Unauthorized Activity

Use the Website for any unlawful, fraudulent, harmful, or unethical purpose, or in violation of any applicable law, regulation, sanctions regime, or industry standard.

Use the Website in any manner that could give rise to civil or criminal liability.

 

Security Violations

Access or attempt to access any portion of the Website or any systems, accounts, data, or networks connected to the Website without authorization.

Probe, scan, test, or circumvent the vulnerability or security of the Website, networks, or systems.

Introduce or attempt to introduce any virus, malware, ransomware, Trojan horse, worm, spyware, or other malicious or harmful code.

 

Interference, Disruption, and Abuse

Interfere with, disrupt, overload, or otherwise adversely affect the operation, performance, integrity, or availability of the Website or related systems.

Use automated means, such as bots, spiders, scrapers, crawlers, data-mining tools, or similar technologies, to access, extract, collect, index, or harvest data from the Website.

Perform any activity that imposes an unreasonable or disproportionately large load on the Website or the Operator’s infrastructure.

 

Misrepresentation and Impersonation

Impersonate any person or entity, falsely state or misrepresent your identity or affiliation, or otherwise engage in deceptive conduct.

Access or use the Website for the purpose of developing, training, or improving, directly or indirectly, any artificial intelligence system, machine learning model, or competitive product or service.

 

Commercial Misuse

Use the Website for unsolicited advertising, marketing, spam, or other promotional communications.

Use the Website to provide services to third parties or to commercially exploit the Website except as expressly permitted by the Operator in writing.

 

Content Misuse

Access, use, or distribute any content on the Website in any manner that violates the rights of the Operator or any third party, or that breaches these Terms.

 

If you engage in any prohibited use, the Operator may, without notice, suspend or terminate your access to the Website and pursue any available legal or equitable remedy.

 

User-Generated Content

 

If the Website allows you to upload, submit, transmit, publish, or otherwise make available any content (“User Content”), the following terms apply:

 

Responsibility for User Content

 

You are solely and fully responsible for all User Content that you submit or make available via the Website. You represent and warrant that:

 

You own or otherwise have all necessary rights, permissions, and licences to submit the User Content.

Your User Content does not violate any law, regulation, contract, or third-party right, including rights of privacy, confidentiality, and publicity.

 

The Operator has no obligation to monitor, review, or verify User Content.

 

Licence Granted to the Operator

 

By submitting User Content, you grant the Operator a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to use, reproduce, host, store, display, publish, perform, distribute, adapt, modify (solely for formatting or technical purposes), and otherwise make available your User Content in connection with:

 

operating, maintaining, and improving the Website; and

complying with applicable legal or regulatory obligations.

 

This licence continues for as long as your User Content is available through the Website.

 

Prohibited User Content

 

You agree not to upload, submit, or transmit any User Content that:

 

is unlawful, defamatory, misleading, fraudulent, obscene, pornographic, hateful, abusive, harassing, discriminatory, violent, or otherwise objectionable;

contains personal data of third parties without a valid legal basis or their express consent;

contains malicious code, exploits, scripts, or files designed to disrupt or compromise systems;

infringes any intellectual property, confidentiality, privacy, moral, or proprietary rights; or

constitutes advertising, promotional content, or spam.

 

Operator’s Rights

 

The Operator may, at any time and at its sole discretion, without notice:

 

remove, restrict, block, reject, or disable access to any User Content;

terminate or suspend your access to the Website; and

cooperate with regulators or law enforcement regarding any User Content.

 

The Operator assumes no responsibility or liability for any User Content or for any loss or damage arising from your User Content or your reliance on any User Content of others.

 

No Obligation to Store Content

 

The Operator does not guarantee that any User Content will remain available. The Operator may delete or remove User Content at any time without liability or obligation to notify you.

 

No Maintenance or Support

 

No Obligation to Provide Support

 

The Operator has no obligation to provide you with any technical support, maintenance, corrections, updates, upgrades, enhancements, modifications, improvements, or training in connection with the Website, and you acknowledge and agree that your access to and use of the Website is on an “as-is” and “as-available” basis.

 

Voluntary Support (If Any) Provided at Operator’s Discretion

 

Any assistance, information, or support that the Operator may elect, in its sole discretion, to provide shall be provided without creating any obligation to continue providing such assistance in the future. The Operator may discontinue any voluntary support at any time without notice.

 

Updates and Modifications

 

From time to time, the Operator may, at its sole discretion, develop and deploy modifications, patches, bug fixes, updates, upgrades, enhancements, or new releases (collectively, “Updates”). All Updates, if and when made available, shall be deemed part of the “Website” governed by these Terms unless expressly stated otherwise. The Operator is under no obligation to develop or provide any Updates, nor to ensure ongoing compatibility of the Website with any hardware, software, browser, integration, or third-party service.

 

Downtime and Service Interruptions

 

The Operator does not guarantee the availability, uptime, performance, or continued operation of the Website. The Website may be subject to interruptions, delays, errors, or failures for any reason, including maintenance (whether scheduled or unscheduled), technical issues, or circumstances beyond the Operator’s control. The Operator shall not be liable for any Losses (as defined in these Terms) arising from or relating to such downtime or interruptions.

 

No Commitment to Future Features

 

You acknowledge that you have not relied on the availability of any future functionality, features, upgrades, or improvements when entering into these Terms. The Operator makes no representations, warranties, or commitments with respect to the development or availability of any future features, functionality, or services.

Third Party Services

The Website may enable you to access, integrate with, or otherwise interact with data, content, products, services, applications, or software that are developed, owned, operated, or made available by third parties (collectively, “Third-Party Services”). Your use of any Third-Party Services is subject solely to the terms, conditions, and privacy policies governing such Third-Party Services, and not to these Terms.

 

The Operator does not control, endorse, monitor, or assume any responsibility or liability for any Third-Party Services, including but not limited to:

 

the availability, accuracy, completeness, reliability, or security of any Third-Party Services;

any data, content, or materials made available through Third-Party Services;

any acts, omissions, representations, warranties, or conduct of the providers of Third-Party Services; or

any access to, or use, storage, processing, disclosure, or loss of data (including Personal Data) by or through any Third-Party Services.

 

You acknowledge and agree that:

 

Access to Third-Party Services is provided solely as a convenience, and the Operator does not make any representations or warranties regarding such services.

Any interaction with Third-Party Services is at your own sole risk, and you assume full responsibility for reviewing and complying with all applicable third-party terms and policies.

The Operator will not be liable for any loss, damage, liability, cost, or expense of any kind, whether direct, indirect, incidental, consequential, or otherwise, arising out of or relating to your access to or use of any Third-Party Services, including any data exchanged with or collected by such Third-Party Services.

The Operator may disable, suspend, restrict, or modify access to any Third-Party Service at any time without notice, without incurring any liability to you.

 

To the fullest extent permitted by applicable law, you hereby irrevocably waive and release any and all claims, demands, causes of action, and rights against the Operator arising from or relating to your use of, inability to use, or reliance on any Third-Party Services.

 

User Representations and Warranties

 

You represent, warrant, and covenant to the Operator that:

 

Authority and Capacity

 

You have the full legal right, power, and authority to enter into these Terms, to access and use the Website, and to perform all of your obligations hereunder. If you are accessing or using the Website on behalf of an entity, you further represent and warrant that you are duly authorized to bind such entity to these Terms.

 

Compliance With Law

 

Your access to and use of the Website will at all times comply with all applicable local, national, and international laws, regulations, rules, and orders, including those relating to privacy, data protection, intellectual property, and export controls.

 

Proper Use

 

You will access and use the Website solely in accordance with:

 

these Terms,

the Privacy Notice,

any additional policies, notices, or instructions posted on the Website, and

any other agreements that you enter into with the Operator.

 

No Circumvention or Harmful Conduct

 

You will not:

 

use the Website for any fraudulent, unlawful, misleading, or harmful purpose;

interfere with or disrupt the integrity, security, or performance of the Website;

attempt to obtain unauthorized access to the Website or related systems or networks; or

use the Website in any manner that could subject the Operator to liability of any kind.

 

Accuracy of Information Provided

 

All information, data, and documentation that you provide to the Operator, whether through the Website or otherwise, is and will remain true, accurate, current, and complete, and you will promptly update such information to ensure it remains accurate.

 

No Infringement

 

Your use of the Website, and your submission of any data, materials, or content, does not and will not infringe, misappropriate, or violate any intellectual property right, privacy right, proprietary right, or other right of any third party.

 

No Malware or Harmful Code

You will not, directly or indirectly, upload, transmit, or otherwise provide through the Website any virus, worm, Trojan horse, malicious code, corrupted data, or any other harmful or destructive files, software, or technology.

 

Financial and Professional Responsibility

 

You acknowledge that you are solely responsible for any decisions made, actions taken, or results obtained through your use of the Website, and you warrant that you will not rely on the Website for financial, investment, professional, or other advice unless expressly stated otherwise.

 

No Investment Advice; No Financial Services; No Offer or Solicitation

 

No Investment, Financial, or Professional Advice

 

The Website and the Content are provided solely for general informational purposes and do not constitute, and must not be construed as:

 

investment advice;

financial, legal, tax, accounting, or professional advice;

a recommendation, endorsement, or approval of any investment strategy, financial product, digital asset, security, commodity, derivative, or transaction; or

a basis for making or refraining from making any investment or financial decision.

 

You acknowledge and agree that the Operator is not acting as an investment adviser, broker, dealer, commodity trading adviser, fund manager, fiduciary, or financial service provider of any kind, and does not provide any personalized or individualized investment or financial advice. Nothing on the Website takes into account your objectives, financial situation, risk tolerance, or specific needs.

 

Before making any investment or financial decision, you should consult with a qualified, licensed professional in your jurisdiction.

 

No Offer, No Solicitation, and No Marketing of Financial Products

 

Nothing on the Website constitutes, or shall be deemed to constitute:

 

an offer to sell, issue, subscribe for, or purchase any securities, digital assets, derivatives, commodities, financial instruments, or investment products;

a solicitation of an offer to sell or purchase any such products;

marketing, promotion, or advertisement of any regulated product or service; or

an invitation or inducement to engage in any investment activity, whether under Cayman Islands law, U.S. federal or state securities laws, EU/UK financial services legislation, or the laws of any other jurisdiction.

 

The Website is not intended to, and does not, constitute communication of a prospectus, offering memorandum, private placement memorandum, or any other offering document.

 

If any Content is interpreted as relating to financial instruments, you acknowledge that such Content is solely informational, may be incomplete or inaccurate, and must not form the basis of any investment decision.

 

No Regulated Activity

 

The Operator does not:

 

operate an exchange, trading venue, matching engine, brokerage, custodial service, payment service, VASP service, or any other regulated financial business;

receive or hold customer funds, monies, or assets;

execute trades or transactions on behalf of users;

provide portfolio management, execution-only services, or order-routing;

provide access to any investment, trading, or execution infrastructure;

intermediate or facilitate any transaction involving securities or digital assets.

 

Your use of the Website does not create any customer, client, advisory, brokerage, fiduciary, or agency relationship between you and the Operator.

 

No Representation of Accuracy or Suitability

 

Any market data, charts, analytics, modelling, signals, projections, simulations, or estimates that may appear on the Website, if any,

 

are general, hypothetical, and illustrative in nature;

may be incomplete, delayed, inaccurate, or based on assumptions;

do not guarantee any particular result or outcome; and

must not be relied upon as a basis for investment or trading decisions.

 

You acknowledge that investing and trading involve substantial risks, including the risk of total loss, and that you are solely responsible for your decisions and actions.

 

User Responsibility

 

By accessing or using the Website, you agree that you are solely responsible for:

 

verifying the legality of your use of the Website in your jurisdiction;

ensuring compliance with all applicable securities, financial services, anti-money-laundering, and regulatory laws; and

obtaining independent professional advice where required.

 

The Operator disclaims, to the maximum extent permitted by applicable law, all liability for any losses arising from any reliance placed by you on any Content.

 

Disclaimer

 

YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND ALL CONTENT, MATERIALS, FEATURES, DATA, INFORMATION, AND FUNCTIONALITIES MADE AVAILABLE BY OR ON BEHALF OF THE OPERATOR ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION, WARRANTY, GUARANTEE, OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OPERATOR EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY AND ALL:

 

WARRANTIES OF MERCHANTABILITY;

FITNESS FOR A PARTICULAR PURPOSE;

TITLE AND NON-INFRINGEMENT;

ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION;

AVAILABILITY, UPTIME, OR CONTINUITY OF SERVICE;

FREEDOM FROM ERRORS, DEFECTS, BUGS, OR VIRUSES;

COMPLIANCE WITH ANY EXPECTED PERFORMANCE, QUALITY, OR FUNCTIONALITY.

 

WITHOUT LIMITING THE FOREGOING, THE OPERATOR DOES NOT WARRANT OR REPRESENT THAT:

 

THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;

THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION, DELAYS, OR FAILURES;

THE WEBSITE WILL BE SECURE, TIMELY, CURRENT, ERROR-FREE, OR FREE OF DEFECTS;

ANY DEFECTS OR ERRORS WILL BE CORRECTED;

THE WEBSITE OR ANY INFORMATION AVAILABLE THROUGH IT IS ACCURATE, CURRENT, COMPLETE, OR RELIABLE;

ANY DATA OR CONTENT OBTAINED THROUGH THE WEBSITE WILL BE FREE FROM MALWARE OR OTHER HARMFUL COMPONENTS;

THE WEBSITE WILL MAINTAIN ANY PARTICULAR LEVEL OF AVAILABILITY OR FUNCTIONALITY.

 

NO INFORMATION, STATEMENT, OR ADVICE (WHETHER ORAL, WRITTEN, ELECTRONIC, OR OTHERWISE) PROVIDED BY THE OPERATOR, ITS REPRESENTATIVES, EMPLOYEES, AGENTS, OR CONTRACTORS SHALL BE DEEMED TO CREATE ANY WARRANTY UNLESS EXPRESSLY SET OUT IN A FORMAL WRITTEN AMENDMENT TO THESE TERMS, SIGNED BY THE OPERATOR.

 

YOUR USE OF THE WEBSITE, AND ANY RELIANCE YOU PLACE ON THE WEBSITE OR ANY CONTENT ACCESSIBLE THROUGH IT, IS SOLELY AT YOUR OWN RISK.

 

Indemnification 

 

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Operator, its affiliates, and their respective directors, officers, employees, contractors, service providers, agents, successors and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, suits, proceedings, liabilities, losses, damages, judgments, settlements, fines, penalties, costs, and expenses of any kind whatsoever, including without limitation reasonable attorneys’ fees and litigation costs (collectively, “Losses”), arising out of or relating to:

 

Your access to or use of the Website, including without limitation any data, information, or content submitted by you or generated through your use of the Website;

Your breach or alleged breach of these Terms, the Privacy Notice, or any applicable law, regulation, or regulatory guidance;

Your violation of any third-party rights, including without limitation any intellectual property, privacy, publicity, confidentiality, or proprietary rights;

Any misuse of the Website, including but not limited to any prohibited use, unauthorized access, or circumvention of technical measures;

Any User Content you submit, transmit, upload, post, or otherwise make available through the Website, including without limitation any claim that such content is inaccurate, unlawful, defamatory, infringing, or otherwise harmful;

Any dispute between you and a third party arising from or connected to your use of the Website; and

Any damage to property or injury to or death of any person caused directly or indirectly by you in connection with your use of the Website.

 

You agree that:

 

The Operator may, at its sole discretion, assume the exclusive defense and control of any matter subject to indemnification.

You shall not settle or compromise any claim without the Operator’s prior written consent.

You shall cooperate fully and promptly in the defense of any indemnified claim, including by providing documents, information, and reasonable assistance.

 

This indemnification obligation:

 

Survives your use of the Website and any termination of these Terms;

Applies regardless of whether the claim is based on contract, tort, negligence, strict liability, statute, or any other legal or equitable theory; and

Extends to Losses that are alleged, actual, direct, indirect, consequential, remote, or speculative, to the fullest extent permitted by law.

 

Limitation of Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE OPERATOR, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT FORESEEABLE. THIS INCLUDES, WITHOUT LIMITATION, LOSS OR CORRUPTION OF DATA, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, OR COSTS OF SUBSTITUTE GOODS OR SERVICES, EVEN IF THE OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

WITHOUT LIMITING THE FOREGOING, THE OPERATOR WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATING TO:

 

YOUR ACCESS TO, USE OF, INABILITY TO ACCESS, OR INABILITY TO USE THE WEBSITE;

ANY CONTENT, DATA, INFORMATION, OR MATERIALS MADE AVAILABLE THROUGH THE WEBSITE;

ANY THIRD-PARTY SERVICES, LINKS, OR RESOURCES ACCESSED THROUGH THE WEBSITE; OR

ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA.

 

IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, THE OPERATOR’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

Notices

 

All notices, requests, consents, claims, demands, waivers, and other communications under these Terms (“Notices”) must be in writing. Notices to the Operator must be delivered by email to the contact address provided on the Website, and will be deemed received only when actually received by the Operator.

 

The Operator may provide Notices to you by:

 

sending them to the email address you have provided (if any); or

posting the Notice on the Website.

 

Any Notice posted on the Website or sent by email to you will be deemed delivered and effective 24 hours after the time of posting or transmission, respectively.

 

You are responsible for monitoring the Website and your email for Notices. Your continued use of the Website after a Notice is deemed delivered constitutes acceptance of such Notice.

 

No Waiver

 

No failure, delay, or omission by the Operator in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of that or any other right, power, or remedy.

 

No waiver by the Operator of any provision of these Terms shall be effective unless expressly made in writing and signed by the Operator.

 

Any waiver shall apply only to the specific instance for which it is granted and shall not be deemed a continuing or future waiver of the same or any other provision or right.

 

Severability

 

If any provision of these Terms is determined to be unlawful, void, or unenforceable in any jurisdiction, such provision shall be deemed severed from these Terms solely to the extent of such unlawfulness, voidness, or unenforceability.

 

The remaining provisions shall remain in full force and effect and shall not be affected or impaired in any way.

 

Any determination of invalidity or unenforceability in one jurisdiction shall not affect the validity or enforceability of that provision in any other jurisdiction, nor shall it affect the validity or enforceability of the remaining provisions of these Terms.

 

Governing law and Jurisdiction

 

These Terms, and any dispute, controversy, claim, or matter arising out of or in connection with these Terms, the Website, or your access to or use of the Website (whether contractual or non-contractual), shall be governed by, and construed in accordance with, the laws of the Cayman Islands, without regard to any principles of conflicts of laws that would require the application of the laws of another jurisdiction.

 

You agree that the courts of the Cayman Islands shall have exclusive jurisdiction to hear and determine any dispute, controversy or claim arising out of or in connection with these Terms or the Website, and you irrevocably submit to the exclusive jurisdiction of the Cayman Islands courts for these purposes. You further waive any objection to the Cayman Islands courts on the basis of inconvenient forum or lack of personal jurisdiction.

 

Nothing in this clause shall limit the Operator’s right to seek interim, provisional, injunctive or equitable relief in any jurisdiction where you or your assets may be located.

 

Waiver of Class Action Rights and Class Wide Arbitration

 

To the fullest extent permitted by applicable law, you agree that any dispute, controversy, claim, or demand of any kind or nature arising out of or relating to these Terms or your access to or use of the Website (each, a “Dispute”) is personal to you and the Operator.

 

You further agree that:

 

No Class Actions or Representative Proceedings.

 

You shall not bring or participate in any Dispute as a plaintiff, class member, representative, or participant in any purported class action, collective action, private attorney general action, or any other representative or consolidated proceeding of any kind.

 

No Consolidation.

 

You shall not join or consolidate your Dispute with the dispute of any other individual, entity, or group of individuals or entities, whether in litigation, arbitration, or any other forum, nor pursue any Dispute on a class-wide or group basis.

 

Unenforceability of Class Waiver.

 

If any court or tribunal of competent jurisdiction determines that the class-action waiver in this clause is unenforceable with respect to a particular claim, then that claim must be severed and brought exclusively before the courts of the Cayman Islands, and shall not be arbitrated. The remainder of this clause shall remain in full force and effect.

 

Contact

 

If you have any questions regarding these Terms, or if you wish to contact the Operator for any reason arising out of or in connection with your use of the Website, please reach out to us at info@octo-horizon.com . All communications must be submitted in English. The Operator will make reasonable efforts to respond to legitimate inquiries within a commercially reasonable timeframe.