TERMS AND CONDITIONS OF USE
The use of the “OSE” platform (hereinafter referred to as the “Platform”), owned by the company “Opportunity Safe Experience s.r.o,” implies unconditional acceptance of these General Terms and Conditions.
ARTICLE 1 – Preamble
OSE is a regulated private investment fund that allows investors to pool their resources into a single portfolio in order to benefit from the advantages of a large portfolio, thereby achieving better returns on their capital.
ARTICLE 2 – Purpose
The Platform is designed to enable the User to automate their valuation and/or affiliate income.
These General Terms and Conditions (GTC) define:
- The subscription terms, pricing, and duration of the Subscriptions offered by OSE to Clients, enabling them to access the official Platform;
- The conditions under which the company provides the Services available on the official Platform to the User.
The subscription to any product and the commencement of any use of the Platform implies the User’s full and complete acceptance of these GTC.
The User is thus deemed to accept all the rules stipulated in these GTC, as well as those included in any document available on the Site and/or official Platform, which are incorporated by reference into these GTC and govern their relationship with the company.
These GTC, along with any future modifications, apply throughout the entire duration of the User’s use of the official Platform.
The User also acknowledges having reviewed the legal notices provided on the Platform prior to using any services offered through it.
The investor and consultant declare that they will use this agreement in accordance with the rules and laws of their country of residence and that, in the event of any contradictions, they will inform the company so that it may, in good faith, adapt the agreement to the User’s country.
The User acknowledges that the company cannot be held responsible for fraud, misconduct, false information, offenses, infractions, money laundering, or plagiarism committed by any of its users.
Consequently, through this agreement, the company disclaims all responsibility for the behavior of any user or other associated functions. Additionally, it is established that only the recipient of interest, affiliate bonuses, or any other income is solely and entirely responsible for informing the tax authorities in their country of residence about such earnings, regardless of the form in which these gains are paid.
ARTICLE 3: User Identification (KYC)
3.1 The User must complete their identification through a KYC process in the back office. This step is mandatory for accessing the services offered by the company. The User will need to provide:
- Proof of identity (ID card, passport, driver’s license, etc.)
- Proof of residence (utility bill for water, electricity, gas, or any official government document)
- Proof of banking identity (evidence of registration on the cryptocurrency platform associated with the indicated account).
3.2 The User must also complete an investor questionnaire.
3.3 The User may be required to provide proof of the source of their funds if requested.
3.4 If there is suspicion of attempted fraud or money laundering, the User’s account may be suspended pending a more thorough investigation.
3.5 The User acknowledges and agrees to provide all supporting documents requested by the company.
3.6 The KYC will be validated by the company within five business days following the complete submission of all required supporting documents.
ARTICLE 4: Subscription to a Product
4.1 Any subscription to a product offered on the official Site for the purpose of accessing the Platform constitutes a definitive commitment by the Client to pay the price and an unconditional acceptance of these General Terms and Conditions (GTC).
4.2 The Subscription becomes final when the Client:
- Accepts these GTC by checking the box provided for this purpose;
- Pays the full amount of their order under the conditions outlined in Article 6 of these GTC.
4.3 The product activation occurs within the timeframes specified in Article 7 of these GTC.
4.4 The processing and acceptance of the subscription are confirmed by an email sent by the company to the member.
4.5 The data recorded in the company’s IT system serves as evidence of all transactions carried out with the User.
4.6 The subscribing member acknowledges being solely responsible for the risks associated with subscribing to an investment product and declares, through this agreement, to have understood the risks involved. Consequently, they may not hold the company liable or responsible for any loss of funds. The subscriber alone chooses the risk level of the product they subscribe to and may not claim to have been misled or coerced into selecting a risk level that was unsuitable for them.
They are not entitled to request cancellation or compensation of any kind and must comply with the general conditions of the products and terms of use.
ARTICLE 5 – Licenses and Transaction Fees
5.1 Investment License Purchase: To simplify the IT procedures related to investment, the cost of licenses is pre-established (refer to the store on the website). A user may hold multiple licenses of the same or different amounts and in one or more products offered by the company.
5.2 Depending on the product offered, the company may apply transaction fees at entry or exit, as well as potential management fees (refer to the terms of the specific product).
ARTICLE 6 – Payment Terms
6.1 The price of the license is payable in full and in a single payment at the time of subscription.
6.2 The activation of the subscribed product is contingent upon the full payment of the subscription price.
6.3 Users may use the following payment methods to purchase a license:
- USDC-ERC20
- Electronic payment (Bancontact, Visa, etc.)
- Bank transfer
6.4 The company reserves the right to limit payment methods based on specific criteria such as the User’s country of residence, the total purchase amount, or the type of product subscribed to.
6.5 Any transaction conducted in a format other than those specified will be subject to thorough review and may be refused by the company or lost in the transaction system. The company disclaims all responsibility for errors made by the User.
6.6 Only the payment methods provided by the company may be used. Any other payment method used is the sole responsibility of the party receiving the payment. The company disclaims all responsibility for the use of unauthorized payment methods. Consequently, the company prohibits the use of any transaction tools other than those listed above and provided by the company.
ARTICLE 7 – Product Activation and Right of Withdrawal
7.1 Product Activation Timeline: A product is activated 7 calendar days after the expiration of the withdrawal period.
7.2 Ordinary Right of Withdrawal: The client has the right to a 14-calendar-day withdrawal period starting from the date of subscription to a product offered by the company.
7.3 Waiver of the Right of Withdrawal: The client may waive their right of withdrawal. In this case, the product will be activated immediately after the period outlined in point 7.1.
7.4 Use of the Right of Withdrawal After Waiver: If the client wishes to exercise their right of withdrawal after having waived it, the company will deduct fees equivalent to 30% of the license price from the reimbursement.
ARTICLE 8 – Duration – Renewal – Termination
8.1 The minimum subscription duration for a product is 12 months. After this period, the client may withdraw their capital and the interest generated without any conditions, except for the payment timeline. If the user does not request the reimbursement of their capital, the active license continues if the profitability target has not been reached. Once the target is reached, the license automatically terminates.
8.2 Licenses are not subject to automatic renewal.
8.3 If the client wishes to terminate their license(s) early, the company will apply the conditions in effect based on the type of product subscribed to (refer to the product-specific terms and conditions). Early termination will also result in the reset of the user’s account and the inability to subscribe to a new product or enjoy consultant status for a period of 6 months.
ARTICLE 9 – Registration on the Website for Use of the Platform
9.1 To use the Platform, the User must first register by following the registration process outlined on the Website.
9.2 The User can access the Platform by completing the registration form available on the Website.
9.3 The User must identify themselves and provide, in good faith, all the information and details requested in the registration forms necessary to create a User Account, as described in the procedure on the Website.
9.4 Before submitting the registration form, the User must verify the accuracy of all the information provided, including the email address and password chosen, as these details will be used to identify their account.
9.5 The User must be at least 18 years old at the time of registration on the Website. Under no circumstances may a minor register for an account. The company cannot be held liable if a minor fraudulently uses the Website, services, or systems of the company.
9.6 After registration, the User can access their User Account by logging into the Website.
9.7 The User is required to keep their login credentials confidential. These credentials are strictly personal and for the User’s sole use.
9.8 The User is responsible for the use of their login credentials. It is prohibited for the User to share or transfer their credentials to any third party or allow any third party to access their User Account.
9.9 If the User provides false, inaccurate, outdated, or incomplete information, the company reserves the right to suspend or terminate their account and deny future access to all or part of the Platform.
ARTICLE 10 – Access to the Website and Platform – Company Liability
10.1 The responsibility for obtaining and maintaining the IT and telecommunications resources required to access the Website and Platform lies with the User, who will bear all associated usage and maintenance costs.
10.2 The company cannot be held liable for any damage to IT or telecommunications resources arising from the use of the Website and/or Platform.
10.3 The company reserves the right, without prior notice or compensation, to temporarily or permanently close the Website and the Platform, either fully or partially, for purposes such as updates or modifications to the Platform.
10.4 The company reserves the right to make any changes or improvements to the Website and the Platform.
10.5 The company cannot be held liable for any interruption in access to the Website and/or Platform, whether intentional or not. However, the company commits to making its best efforts to minimize interruptions that are attributable to it.
ARTICLE 11 – Rules for Using the Platform
11.1 The User agrees to use the Platform in compliance with applicable laws and these Terms and Conditions.
11.2 The company reserves the discretionary right to take appropriate actions and measures against a User responsible for a violation, depending on the severity of the issue. These actions may include removing offending content, issuing warnings, or suspending the User’s account. The company may also take other actions deemed necessary to uphold the reputation and integrity of the Website and the Platform.
11.3 The User agrees to use the Website and Platform fairly and refrains from bypassing the Platform or its services. Likewise, the User is prohibited from extracting content from the Website and Platform for similar or competing activities or for recruitment purposes.
11.4 The company cannot be held liable for content posted by Users, who are solely responsible for their content. The User agrees to indemnify the company against any claims from third parties who may be harmed by the content shared on the Platform.
11.5 Any transfer or misuse of the primary function of a wallet present on the Platform may result in the suspension or permanent closure of the User’s account.
ARTICLE 12 – Termination
12.1 In the event of a breach of any of the User’s obligations as stipulated in these Terms and Conditions, or more broadly, in the event of non-compliance with these Terms and Conditions, the company may, after issuing a formal notice by any means that remains unaddressed for a period of fifteen (15) business days, permanently terminate the User’s access to the Platform. The User will not be entitled to any compensation in such a case.
12.2 The User may request the termination of their registration on the Platform. However, they must wait for a period of six months before being allowed to re-register on the Platform.
12.3 The company commits to deleting the User’s account within fifteen (15) business days from the date of receipt of the Client’s request.
ARTICLE 13 – User Responsibilities
13.1 The User is solely responsible for the use of the tools made available on the Platform. In this regard, in the event of an error in the use of one of the Services by the User, they may not request any full or partial refund, except in cases where the error is caused by a technical failure of the Platform.
ARTICLE 14 – Company Responsibilities
14.1 The company’s responsibility is limited to providing access to the Website and Platform.
14.2 The company cannot be held liable for the success or failure of the marketing operations carried out by the User. The company is only subject to a duty of care regarding the provision and functionality of the tools available on the Platform.
14.3 Furthermore, the company cannot be held liable for false, misleading, or outdated information communicated by the User through the Platform.
14.4 The company and the User are independent parties, each acting in their own name, on their own account, and without any subordinate relationship.
ARTICLE 15 – Third-Party Actors
15.1 The company’s interfaces notably rely on the following external third-party applications and platforms:
- IONOS (Emailing and CRM)
- IONOS (Server hosting)
15.2 The use of the aforementioned third-party applications and platforms occurs particularly within the framework of the provisions outlined in Article 16, “Personal Data”, below.
ARTICLE 16 – Personal Data
16.1 The data transmitted by the user will be considered personal data within the meaning of
Article 4.1 of the General Data Protection Regulation (GDPR).
16.2 The company commits to not alter, modify, or disclose the data transmitted by the user to any third party.
16.3 The user acknowledges and agrees that the company may use said data for the provision of its services, for statistical studies, or for promotional communication purposes, provided it ensures compliance with confidentiality principles and mandatory rules governing the processing, storage, and use of the data, especially when such data is sensitive or personal.
16.4 Whenever the company processes personal data (as defined under applicable law) collected from the user, it undertakes to:
- Comply with applicable laws and regulations regarding data protection, specifically European Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and the free movement of such data (GDPR);
- Process such data only when required for the execution of the purposes listed herein and as authorized or required by law;
- Keep personal data strictly confidential;
- Take appropriate organizational, physical, and technical security measures to protect personal data;
- Transfer personal data outside the European Union only with the user’s prior authorization and within a secure framework in compliance with applicable legislation, i.e., either to countries deemed to have an “adequate” level of protection according to European data protection authorities (CNIL) or to entities (affiliates, subcontractors) that have signed standard contractual clauses issued by European authorities. In this regard, the company certifies that data is stored within the territory of the European Union. 16.5 In providing its services, the company:
- Delivers services that inherently comply with the principles of proportionality, minimization, and limitation of personal data, ensuring that only relevant data, as defined by the user, is processed on the platform for agreed purposes and under the control of authorized personnel;
- Implements, on a best-effort basis, appropriate technical and organizational measures to protect the personal data collected from the user, ensuring it is consistently and demonstrably safeguarded against accidental or unlawful destruction, accidental loss, alteration, unauthorized disclosure or access, including during data transmission over a network, as well as against any unlawful processing or processing not outlined in these Terms and Conditions.
16.6 During the provision of the services, the company commits to modifying, upon the user’s request and with appropriate justification, any personal data in its databases, particularly when an individual exercises their rights of access or rectification, ensuring that the data on the platform remains accurate and lawful.
16.7 The company will implement logical and physical access restrictions as well as the necessary and compliant network protections, along with any required traceability mechanisms for the management of user data.
16.8 Upon the contractual expiration of this agreement, or in the event of its termination for any reason, the company commits to returning or destroying personal data in its possession or under its control within the scope of its service provision.
16.9 The company acknowledges that it must, at all times during the execution of this agreement, be able to demonstrate and provide evidence of all devices and procedures for the protection of personal data, the minimization of its use, and the compliance of said devices and procedures with legal requirements.
ARTICLE 17 – Deletion of Data Following Termination
17.1 The user has the right to request the deletion of their personal data.
17.2 These rights can be exercised, if applicable, by contacting the company via email at the following address: [email protected].
ARTICLE 18 – Intellectual Property
18.1 The company retains ownership of all intellectual property rights used to operate the platform, and more generally, all elements reproduced or used on the platform are protected under intellectual property laws (hereinafter referred to as the “elements”).
18.2 Any reproduction, representation, use, or adaptation, in any form whatsoever, of all or part of these elements without the prior written consent of the company under agreement is strictly prohibited.
18.3 The company’s failure to initiate proceedings upon becoming aware of unauthorized use does not constitute acceptance of such use or a waiver of the right to pursue legal action.
18.4 The platform complies with copyright laws and related rights (hereinafter referred to as “copyright”).
18.5 All copyrights of the protected works reproduced and displayed on the platform are reserved worldwide.
18.6 Reproduction of all or part of the platform on an electronic medium is prohibited.
18.7 All trademarks and other intellectual property rights over any content on the platform (including but not limited to information, texts, images, copyrights, designs, and models) and over the platform’s structure are owned by the company.
18.8 No use of this content or the related intellectual property rights is authorized without the prior express written consent of the company under agreement. All such rights are expressly reserved.
18.9 The user agrees to respect the company’s intellectual property rights over each of the elements constituting the platform and to ensure that these rights are respected by third parties.
18.10 The user agrees to promptly inform the company of any infringement of its intellectual property rights that they may become aware of.
18.11 Beyond what is stated herein, the user acknowledges and agrees that access to the platform and the provision of services do not entail any transfer or grant of intellectual property rights (including trademarks or copyrights) or other rights for their benefit.
18.12 It is therefore strictly prohibited to reproduce, distribute, transmit, publish, link, hyperlink, modify, adapt, or alter the platform in any way without the company’s express written consent.
Any breach of this clause may result in violations of copyright, trademark, or other intellectual property rights, exposing the user to civil and/or criminal sanctions.
18.13 The company disclaims all responsibility for advertisements not issued by or on behalf of the company, whether regarding their form or content. Only the advertiser shall be held accountable for such advertisements.
ARTICLE 19 – Use of Cookies
19.1 Cookies are small text files stored on your computer by the website to enable or optimize its operation and to provide information to the site’s owners. Cookies help the site function and improve its interactivity and services. The company aims to inform you clearly and transparently about the use of cookies when you visit the site.
19.2 You can configure the collection of cookies used by the company on the site.
19.3 Cookies are used on the site for various purposes, such as facilitating your navigation, offering personalized content and advertisements, or generating visit statistics.
19.4 A cookie is read or transmitted by the website server to your browser, which stores it on your device. Each cookie is assigned an identifier that allows its issuer to recognize the device on which it is stored during the cookie’s validity or storage period.
19.5 To configure and manage cookies stored on the site, you can use the interface we provide.
19.6 This interface is accessible via the cookie banner that appears during your first visit to the site.
19.7 You can express or modify your preferences regarding cookies at any time, particularly those related to targeted advertising cookies on the site.
19.8 You can use the interface provided through the cookie banner that appears during your first visit to the site.
19.9 By disabling targeted advertising cookies through this interface, you will still see advertisements, but they will no longer be tailored to your presumed preferences based on your browsing profile. Disabling targeted advertising does not affect the volume of advertisements you see, but we will no longer be able to limit the frequency of the same advertisement.
19.10 Advertising cookies may be placed by the company and its service providers.
19.11 For cookies placed by the company and its service providers, you can express your preferences as described below.
ARTICLE 20 – Violation of the Terms and Conditions
20.1 Any violation of these terms and conditions grants the company the right to deny the user responsible for the violation future access to the platform and services, as well as to terminate any user account providing access to the platform and services. This is without prejudice to any compensation the company may seek from the violator for damages caused by the violation.
ARTICLE 21 – Evidence Agreement
21.1 The user acknowledges that the records and backups (including all connection data) made on the platform shall have full evidentiary value between the user and the company. These data shall be considered binding between the parties in any dispute.
21.2 The user therefore recognizes the validity and evidentiary force of emails in their contractual relations with the company. Similarly, notifications made via the platform shall be enforceable against the user as proof.
ARTICLE 22 – Changes to the Terms and Conditions
22.1 The company reserves the right to modify these terms and conditions at its sole discretion, in accordance with technical developments of the platform or its service offerings, or due to changes in legislation.
22.2 Generally, the user’s use of the platform is always subject to the latest version of the terms and conditions accessible to users at the time of use. It is the user’s responsibility to consult the terms and conditions as often as necessary, as they are accessible from the user account.
ARTICLE 23 – Disputes – Governing Law – Competent Jurisdiction
23.1 In the event of a dispute regarding the performance or application of this agreement, the parties shall endeavor in good faith to find an amicable, mutually satisfactory, and balanced solution.
23.2 These terms and conditions are governed by the laws of the Czech Republic.
23.3 ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT AND ANY AGREEMENTS RESULTING THEREFROM, INCLUDING BUT NOT LIMITED TO THEIR VALIDITY, INTERPRETATION, PERFORMANCE, TERMINATION, CONSEQUENCES, AND AFTERMATH, SHALL BE SUBJECT TO THE COMPETENT JURISDICTION OF THE CZECH REPUBLIC AND CONDUCTED IN THE ENGLISH LANGUAGE.
ARTICLE 24 – Election of Domicile
24.1 For the purposes of these terms, the parties elect domicile as indicated at the top of this document.
24.2 Any modification to this domicile must be formally notified through the back office, by email, or by registered letter with acknowledgment of receipt to the other party to be enforceable.
ARTICLE 25 – Partial Invalidity
25.1 If one or more provisions of these terms are found to be invalid or declared as such under the application of a law, regulation, or final decision of a competent court, the other provisions shall remain fully valid and enforceable.
ARTICLE 26 – General Confidentiality
26.1 The parties to these Terms and Conditions agree and commit to maintaining the strictest confidentiality regarding all information related to the private, commercial, financial, or legal matters of all contacts, individuals, or entities, as well as any business secrets exchanged or discovered, both during and after the period of use.
26.2 All information exchanged under these Terms and Conditions is considered essential and confidential. Confidential information refers to any verbal or written information, in any form, originating from one of the parties that is not publicly known, regardless of who discloses the information (the owner or the user) or whether it has already been explicitly labeled as confidential.
26.3 With respect to the communication of confidential information from the discloser to the recipient, the recipient agrees to keep such information secret and treat it in full compliance with GDPR requirements, both in terms of collection and processing. During and after the term of this contract, the recipient agrees not to disclose, use, or reproduce the confidential information shared with them, nor to permit its use for purposes other than those for which it was disclosed and authorized by the client or contact. Even in such cases, prior written authorization from the discloser is required to ensure the confidentiality of the information.
26.4 The recipient assumes full responsibility and will indemnify the discloser for any unauthorized publication or misuse of the confidential information.
26.5 The recipient shall take necessary measures to ensure that their staff and any individuals who may have access to the other party’s confidential information are equally bound by these Terms and Conditions and their annexes. The recipient acknowledges that the disclosed information is not their property and formally waives any claim of ownership or the right to use such information to apply for intellectual property protection.
26.6 No provision of this contract may be interpreted as a waiver or transfer of rights from one party to the other, nor as an agreement or promise of collaboration.
26.7 The recipient may not use the information or know-how derived from the disclosed information to provide services, develop products, or market competing products/services, either in their own name or on behalf of third parties.
26.8 The parties commit to implementing appropriate security measures (e.g., encryption, safes, lockable storage) to ensure that the exchanged information cannot be easily accessed or deciphered by third parties who may gain access to the information, premises, or storage systems.
26.9 Upon termination of use, the parties agree to return all confidential information and destroy any copies in their possession.
26.10 The recipient acknowledges that the discloser has the right to demand compensation— without prejudice to any other legal actions—for any breach of the above provisions, including:
- Damages for the breach of the company’s Terms and Conditions amounting to €50,000 per violation.
ARTICLE 27 – Non-Compete Clause
27.1 During the execution of these Terms and Conditions, the User agrees not to offer any similar product. Failure to comply will result in the User owing the Company, as of right and without prior notice, compensation equivalent to the last twelve commissions paid to the seller.
27.2 The parties agree, after the termination of this contract and for a period of 6 months following the end of use, not to use any competing and/or replacement services within the established customer base. Failure to comply will result in the User owing the Company, as of right and without prior notice, compensation equivalent to the last twelve commissions paid to the seller.
