1. Introduction to Obita Services
Obita provides innovative business-to-business (B2B) payment solutions designed to streamline cross-border transactions and enhance operational efficiency. Our services leverage advanced financial technologies, including the compliant use of stablecoins, to offer superior service quality, reduced transaction costs, and improved user experience. We aim to facilitate seamless global commerce for businesses of all sizes.
2. Definitions
For the purpose of this Agreement, the following terms shall have the meanings ascribed to them below:
- Applicable Law(s):All relevant laws, regulations, rules, guidelines, and directives applicable to the provision and use of Obita's services, including but not limited to those governing payment services, anti-money laundering (AML), counter-terrorist financing (CTF), data protection, and the issuance and use of stablecoins in all relevant jurisdictions.
- Client Account: The account established by you with Obita for the purpose of accessing and utilizing our services.
- Payment Services: The B2B payment processing, currency exchange, and related financial services provided by Obita.
- Stablecoin(s): A type of cryptocurrency designed to maintain a stable value relative to a specified fiat currency (e.g., USD) or other assets, used by Obita as a technological component to facilitate certain transactions.
- Transaction: Any payment, transfer, or exchange of funds initiated or processed through the Obita platform.
3. Acceptance of Terms
By creating an Obita Client Account, affirmatively accepting this Agreement electronically, or otherwise using any of Obita's services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and Conditions. We reserve the right to amend or update these Terms and Conditions at any time. Any changes will be effective upon publication on our website or notification to you. Your continued use of our services after such modifications constitutes your acceptance of the revised terms.
4. Client Eligibility and Account Registration
4.1. Eligibility
Obita's services are intended solely for businesses and professional entities. By entering into this Agreement, you represent and warrant that you are acting in a professional or business capacity and not as a consumer.
4.2. Account Information
To register for a Client Account, you must provide accurate, complete, and current information as requested by Obita, including but not limited to your business name, registration details, address, contact information, and details of your authorized representatives.
4.3. Verification
Obita is committed to complying with all Applicable Laws, including KYC and AML regulations. You agree to cooperate fully with our onboarding and ongoing verification processes.
4.4. Account Security
You are solely responsible for maintaining the confidentiality and security of your Client Account credentials, including your username and password. You must take all reasonable steps to prevent unauthorized access.
5. Obita Payment Services
Obita's Payment Services enable you to send and receive B2B payments across various currencies and jurisdictions. Our platform facilitates efficient and secure transactions, including those involving stablecoins, subject to Applicable Laws and our internal policies.
6. Client Obligations and Warranties
You represent and warrant that your use of Obita's services will comply with all Applicable Laws, including but not limited to AML, CTF, sanctions, and data protection laws. You shall not use our services for any illegal, fraudulent, or unauthorized activities.
7. Limitation of Liability
To the maximum extent permitted by Applicable Law, Obita shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues. In no event shall Obita's aggregate liability for all claims relating to the services exceed the amount you paid to Obita for the services in the twelve (12) months preceding the claim.
8. Indemnification
You agree to indemnify, defend, and hold harmless Obita, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to (a) your breach of this Agreement; (b) your use of Obita's services; (c) your violation of any Applicable Law or the rights of a third party; or (d) any content or data you provide through our services.
9. Termination and Suspension
Obita may terminate or suspend your access to all or part of its services at any time, with or without cause, with or without notice, effective immediately. Upon termination, your right to use the services will immediately cease.
10. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction of Obita's Incorporation]. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the rules of [Arbitration Institution] in [City, Country].
11. Miscellaneous
11.1. Entire Agreement
This Agreement constitutes the entire agreement between you and Obita regarding the use of our services.
11.2. Severability
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.
11.3. Force Majeure
Obita shall not be liable for any delay or failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, etc.
11.4. No Waiver
No waiver by Obita of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition.
11.5. Contact Information
If you have any questions about these Terms and Conditions, please contact us at [Obita Contact Email/Address].
12. Intellectual Property
All content, trademarks, service marks, trade names, logos, and other intellectual property rights displayed on or used in connection with Obita’s services are the exclusive property of Obita Inc. or its licensors. Any unauthorized use of Obita’s intellectual property is strictly prohibited.
13. Disclaimers
Obita provides its services on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Obita does not warrant that the services will be uninterrupted, secure, or error-free, or that any defects will be corrected. You acknowledge that your use of the services is at your sole risk.
14. Privacy
Your privacy is of utmost importance to Obita. Our collection, use, storage, and disclosure of your information are governed by our Privacy Policy, which is incorporated by reference into this Agreement. By using our services, you acknowledge that you have read and understood our Privacy Policy and consent to our data practices as described therein.