TERMS OF SERVICE

Effective Date: 1st November 2025

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the Software-as-a-Service (SaaS) platform provided by Obsydian Inc ("Obsydian," "we," "our," or "us"). By creating an account, accessing, or using the Service, you agree to these Terms and our Privacy Policy.

If you do not agree, you may not use the Service.

We may update these Terms at any time. Continued use after the effective date of the updated Terms constitutes acceptance.

2. The Service

The Service provides digital-asset security tools, including portfolio monitoring, risk alerts, wallet-hygiene monitoring, and other related features (the "Features"). The Service is designed to help you monitor and protect your crypto assets, but you remain fully responsible for the custody and control of your assets.

We reserve the right to modify, suspend or discontinue the Service (or any part thereof) at any time, with or without notice, without liability to you.

3. Nature of the Service (SaaS)

Obsydian provides a cloud-based SaaS platform for blockchain-asset monitoring, portfolio-risk analytics, and security alerting.

You acknowledge that:

4. Eligibility

You must be of legal age and capacity to enter into a binding contract. If acting for a business, you represent that you are authorized to bind that business.

By using the Service, you represent and warrant that you meet these eligibility requirements.

5. Accounts and Security

  1. You are responsible for creating and maintaining an account ("Account") if required, providing accurate, current, and complete information, and promptly updating that information.
  2. You are solely responsible for safeguarding your login credentials and any private keys or recovery phrases associated with your wallets. You must notify us immediately of any unauthorized use of your Account or breach of security.
  3. You agree not to use the Service for any fraudulent or unlawful activity, or to facilitate any violation of law, regulation, or third-party rights.
  4. Because your crypto assets may remain in your control or in wallets you designate, you understand and accept that we do not hold custody of your assets unless otherwise explicitly agreed. You are responsible for any transfers, transactions, and wallet-related risks.
  5. You must register an account with accurate, current information.
  6. Notify Obsydian immediately of unauthorized access or security incidents.
  7. You are responsible for securing your wallets and private keys; Obsydian never stores them and cannot recover them.

6. Subscription, Fees, and Payment Methods

  1. The Service is offered on a subscription basis (monthly, annual, or custom).
  2. Accepted Payment Methods:
    You may pay subscription fees via:
    • Major credit/debit cards (Visa, Mastercard, Amex, etc.);
    • Google Pay;
    • Apple Pay;
    • Other processors are displayed in the checkout process.
  3. Payment Processing & Refund Policy:
    • Payments are securely processed by third-party providers; Obsydian does not store full payment-card details.
    • All fees are billed in advance in the currency indicated at checkout and are non-refundable, except as required by law or expressly stated otherwise.
    • Taxes, levies, or duties imposed by taxing authorities are your responsibility.
    • You agree not to file chargebacks without first contacting Obsydian to attempt resolution.
    • Refunds, if granted, are issued to the original payment method.
  4. Failure to Pay: Non-payment may result in suspension or termination of your account.
  5. Obsydian may change pricing or payment options with reasonable prior notice.

7. Proprietary Rights

  1. The Service, software, technology, content, and all intellectual property rights therein are owned by the Company or its licensors.
  2. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service in accordance with these Terms.
  3. You may not copy, modify, distribute, create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Service, except to the extent permitted by applicable law.

8. User-Generated Content

If you submit content (data, feedback, suggestions) to the Service, you grant us a worldwide, royalty-free, transferable license to use, reproduce, modify, publish, distribute, and otherwise exploit that content. You represent and warrant that you own or control all rights in your submitted content and that use of it by us will not violate any third-party rights.

9. License and Usage Rights

Obsydian grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during your subscription.

You may not:

All intellectual-property rights remain the exclusive property of Obsydian.

10. Service Availability and Maintenance

  1. Obsydian strives for continuous availability but does not guarantee uptime.
  2. Force Majeure: Obsydian is not liable for downtime or failures caused by natural disasters, cyberattacks, DDoS events, utility failures, government restrictions, or other events beyond its control.
  3. Maintenance or upgrades may cause temporary interruptions; Obsydian will make reasonable efforts to give prior notice.

11. Data and Privacy

  1. You own the data you submit. You grant Obsydian a limited license to store and process it to provide and improve the Service.
  2. Obsydian employs commercially reasonable security measures but cannot guarantee absolute security.
  3. In the event of a data breach, Obsydian will comply with applicable notification laws, but is not liable for damages beyond those legally required.

12. Comprehensive Disclaimers

  1. General Performance
    The Service is provided "as is" and "as available." Obsydian disclaims all warranties, express or implied, including merchantability, fitness for purpose, accuracy, and non-infringement.
  2. Cybersecurity and Hacking Incidents
    Obsydian uses industry-standard safeguards but cannot guarantee immunity from hacking, malware, or exploits. In the event of a breach or system compromise, Obsydian disclaims liability for resulting losses or damages. Users must implement their own security measures (e.g., hardware wallets, 2FA).
  3. Blockchain and Third-Party Dependencies
    Obsydian does not control blockchains, smart contracts, or APIs. Transactions may fail, be delayed, or become irreversible. Obsydian is not responsible for blockchain forks, network errors, or user mistakes.
  4. Data Integrity and Analytics
    Analytics, alerts, and risk assessments are for informational purposes only and may contain errors. Users must independently verify information before relying on it.
  5. Downtime and Service Interruptions
    Obsydian is not liable for losses of data, assets, or revenue due to downtime, updates, or service outages.
  6. No Custody or Asset Guarantee
    Obsydian does not hold private keys or assets. It provides insights only and makes no guarantees regarding the safety or recoverability of digital assets.

13. Incident Response and Notification

  1. Security Monitoring: Obsydian continuously monitors its infrastructure for unauthorized access or anomalies.
  2. Response Procedure: In the event of a suspected or confirmed breach:
    • Obsydian will promptly investigate the incident;
    • Contain, mitigate, and restore affected systems;
    • Notify affected users and relevant authorities as required by law; and
    • Provide users with information reasonably necessary to protect themselves.
  3. No Guarantee of Restoration: You acknowledge that data or access lost due to cyberattack, corruption, or blockchain events may be unrecoverable. Obsydian does not guarantee restoration of lost data, wallets, or transactions.
  4. Third-Party Incidents: If an incident originates from third-party cloud or blockchain providers, Obsydian's obligations are limited to reasonable communication and coordination with those providers.

14. Limitation of Liability

To the maximum extent permitted by law:

15. Disclaimers and Limitation of Liability

15.1 No financial, investment, or legal advice. The Service is for informational purposes only. It does not constitute financial, investment, tax, legal or any other advice. You should seek professional advice where appropriate.

15.2 Use at your own risk. The Service is provided "as is," "as available," and with all faults. We disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, reliability, non-infringement, or that the Service will be uninterrupted or error-free.

15.3 Limitation of liability. To the fullest extent permitted under applicable law, the Company (including its affiliates, officers, directors, employees, agents, licensors, and service providers) shall not be liable for any indirect, incidental, special, punitive, exemplary or consequential damages (including but not limited to lost profits, lost data, or damage to reputation) arising out of or related to your use of or inability to use the Service, even if the Company has been advised of the possibility of such damages. Our aggregate liability for any claim under these Terms shall not exceed the fees you paid us in the twelve months preceding the claim (or if no fees were paid, a nominal amount such as €100 or equivalent).

15.4 Because crypto assets are irreversible and custody-related risks exist, you acknowledge that we are not responsible for any losses, claims, or damages arising from your asset transfers, wallet mismanagement, hacks, or other acts outside our direct control.

16. Indemnification

You agree to defend, indemnify and hold harmless the Company and its affiliates, officers, directors, employees, agents, licensors and service providers from and against any and all claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of or in connection with (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) your infringement of any third-party rights.

17. Term and Termination

  1. These Terms commence when you first use the Service and continue until terminated.
  2. You may terminate your use of the Service at any time by discontinuing access and deactivating your Account (if applicable).
  3. We may suspend or terminate your Account, refuse access, or disable features of the Service at our discretion, with or without cause or notice, including if you violate these Terms.
  4. Termination does not relieve you of obligations incurred prior to termination (e.g., payment obligations, indemnities) or affect provisions that by their nature survive termination.
  5. Upon termination, your right to use the Service ceases; Obsydian may delete data after a reasonable retention period.

18. Governing Law and Dispute Resolution

These Terms are governed by the laws of the jurisdiction of Panama, where Obsydian Inc is incorporated. Any disputes will be resolved exclusively in the competent courts of that jurisdiction.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

19. Miscellaneous

20. Contact Information

Contact Obsydian

Email: contact@obsydian.app

Website: obsydian.app