This User Agreement governs the terms and use of oddup.com, the upcoming related Oddup mobile application, platform technology, content, and other products and services that we presently offer or will offer in the future (“Oddup Services”).
Please read this document carefully as it contains, along with the the terms and conditions (as amended from time to time) (the Terms) upon which we will provide our Oddup Services to you. If you do not agree to be bound by the Terms or with any subsequent amendments, changes or updates, you may not access or use our Oddup Services and if you do access or use any of the Oddup Services, you will be bound by the Terms, as updated and amended from time to time. Therefore, you should ensure that you have read and understood the Terms. Should you have any questions, please contact us by sending an email to hello@oddup.com.
Oddup Limited. (“Oddup, “us”, “we”, “our”) is a company registered in Hong Kong. Our registered office is Unit 2A, Cheung Hing Industrial Building, Kennedy Town, Hong Kong.
Oddup provides startup, investor, sector, and ecosystem data, insights, and analyses in more than 34 major cities across the globe. Oddup also provides cryptocurrency listings and price targets, and the Oddup Indexes, which track real-time trends across the startup landscape.
Upon registering for an Oddup Account, you will be permitted to subscribe to and use Oddup Services. You will need to provide a current email address. If you register, you agree that all information supplied is true and accurate. Once registered, you will have unlimited access to any contents designated as free from time-to-time. Further access to Oddup data is subject to a subscribers (your) payment of a fee and the terms provided by Oddup when subscribing on Oddup’s website or mobile device. The prices and features depend on the product you choose.
Oddup reserves the right to charge for certain parts or all of the Service. Certain aspects or uses of the Service require you to pay fees, for example, in order to access certain content or be able to access, download or export data. Visit our products page for current descriptions of these services and the applicable fees. You agree to pay all fees which apply to your use of the Service. Oddup reserves the right to change any fees and pricing applicable to the Service at any time upon notice to you (which may be sent by email or posted on Oddup’s website). Your use of the Service following such notification constitutes your acceptance of any new or increased fees.
We first require that you must be at least 18 years of age or the age that the law in your country of residence requires that you must be for Oddup to provide Oddup Services to you, whichever is higher. You may not use Oddup Services if you are under 18 years of age. We also require that you have full power and authority to enter into this User Agreement and to be bound by its terms and conditions.
You agree to use your real name, a valid e-mail account, and ensure that you provide us with correct information when registering your account with us (“Oddup Account”). If you do not and we find out, your Oddup Account will be deleted. You undertake to update your information provided to us in due course. Failure to provide accurate or updated information constitutes a breach of this User Agreement, which may result in immediate termination of your access to Oddup Services.
You must not be presently banned, restricted, or prohibited from using Oddup Services or from holding an Oddup Account.
You cannot make use of Oddup Services for reasons or purposes competitive to Oddup - that would be unfair to our community of users. The easiest way for us to ensure that is to prohibit competitors from using Oddup Services - so no competitors permitted.
You will play nice while using Oddup Services - this means that you will abide by the terms of this User Agreement, you will respect the intellectual property rights of Oddup and third-parties, you will not use Oddup Services to directly or indirectly violate applicable laws or for any illegal purposes, and you will not harass, troll, or otherwise bully our users. You shall not use Oddup Services in a way that may cause any of Oddup Services to be interrupted, damaged or rendered less efficient.
If you do not meet and agree to these requirements, then it is time now to stop reading this document and cease making use of Oddup Services.
You agree that by visiting our site, by registering an Oddup Account or by otherwise making use of Oddup Services that you agree to be bound by this User Agreement and our Privacy Policy which is incorporated by reference into this User Agreement. You understand that you are entering into a legally binding agreement with Oddup. By visiting our site, registering an Oddup Account or by otherwise making use of Oddup Services, you acknowledge that you have read and understood this User Agreement and our Privacy Policy and that you will comply with all applicable laws. If you do not wish to be bound by this User Agreement, then please do not visit our site, register an Oddup Account or otherwise make use of Oddup Services. You may be asked to review and accept additional terms that apply to the specific product or service we offer which will constitute a part of this User Agreement.
You do not have the right to resell use of Oddup Services to any third party. All rights (including intellectual property rights) in and to Oddup Services are and shall at all times remain vested in Oddup.
We will do our best to provide requested Oddup Services but we reserve the right at our discretion to suspend, terminate, discontinue, replace, modify, interrupt, or otherwise change Oddup Services. We do not undertake to continue to retain, store, display, or make available information or content stored or associated with your Oddup Account, and we retain the right to remove, delete, suspend, or withhold content stored with us at our discretion. We will endeavor to keep you updated on Oddup Services and any changes to them. You may register an Oddup Account if eligible and you will need to do so in order to access and make use of all Oddup Services.
When you register an account with us, it is your Oddup Account - though we will have rights to some of the User Content as set out below. You have responsibility for ensuring the confidentiality of your Oddup Account password and restricting access to your Oddup Account and/or devices to prevent any unauthorized use of the Oddup Account by others. You shall promptly contact us if you believe there has been unauthorized use of your Oddup Account. You may not sell, transfer, rent, or trade your Oddup Account or access to it. You accept full responsibility for all activities, charges and damages that occur in relation to your Oddup Account.
You are responsible for the security of your username and password. Oddup shall not be held liable for any damage resulting from your failure to comply with this security obligation. Actual or attempted unauthorized use of any of our websites, apps or platforms may result in criminal and/or civil prosecution. We reserve the right to view, monitor, and record activity on our websites, apps or platforms without notice to or further permission from you, to the fullest extent permitted by, or as required by applicable law. Any information obtained by monitoring, reviewing, or recording is also subject to review by governmental or law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any of our websites, apps or platforms. We will also comply with all applicable laws and court orders that require us to provide such information.
Oddup, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other service from Oddup, for any reason at any time. We may, at our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Account. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. Oddup reserves the right to refuse service to anyone for any reason at any time. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Service, or receive assistance from our customer service. You may cancel your subscription at any time by sending an email to hello@oddup.com The cancellation will take effect upon the end of the current subscription period. You are solely responsible for properly canceling your Account. All of your content may be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
“User Content” means all content posted by you (including but not limited to comments, photos, videos, reviews, and other relevant content), communications with Oddup or others and interactions with Oddup Services through your Oddup Account. You may not post or communicate any User Content that may breach generally acceptable standards, this User Agreement, or applicable laws including those governing personal privacy, confidential information, intellectual property, obscenity, defamation, spam, and the like. We reserve the right to edit or delete any User Content which is objectionable in our sole opinion (whether in violation of applicable laws or not) though we are under no obligation to do so.
When you post or communicate any User Content through your Oddup Account, you grant Oddup a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully paid-up, transferable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, disseminate, transmit, copy or create derivative works from, distribute, and display said User Content in a medium of our choice. This means that we may use your User Content as part of Oddup Services and related purposes and uses. The right is sub-licensable and so this means that we may allow others to do so as well. If your User Content appears with advertising, you shall not be compensated. We may also under this right use the name that you submit in connection with said User Content and you agree to such use. Our right to use your User Content survives the deletion or suspension of your Oddup Account. You agree that you own, control, or hold all rights to the User Content that you post or communicate through your Oddup Account and that you are free to grant the foregoing right to us. You represent and warrant that you have all rights necessary to grant the foregoing right and that all User Content provided via your Oddup Account by you or anyone else using your Oddup Account complies with all applicable laws, rules and regulations. You further waive or waive exercising any moral rights in such User Content.
You are responsible and liable for any User Content posted or communicated via your Oddup Account. You understand that after posting or communicating User Content through your Oddup Account you may not always be able to delete or amend said User Content. You must ensure that any User Content posted or communicated is fair, accurate, and truthful and does not violate any applicable laws or this User Agreement. You agree to indemnify Oddup for any claim brought by a third-party over the User Content and take full responsibility for User Content that you provide. Please take care and keep this in mind when posting or communicating User Content.
When you provide us with your feedback about the Oddup Services, you are doing so voluntarily and without any compensation to you or without any restrictions on how we may, if at all, incorporate that feedback.
We own and reserve all intellectual property rights in Oddup Services including our copyright, trademarks, service marks, trade names, trade dress, and other valuable intellectual property. Outside of the very limited scope of use granted expressly through this User Agreement to access the Oddup Services, you have no other rights to make use of our intellectual property without our express written consent. Just to be clear - nothing in this User Agreement grants you a right to use our trademarks nor to copy, reproduce, modify, distribute, recreate, display, adapt, or exploit our other intellectual property. If you would like to make use of it, then please contact us.
This User Agreement incorporates by reference our Privacy Policy. Please take the time to read our Privacy Policy as it governs how we collect, process, and use your personal data including disclosure of the same. Please keep in mind that not all information posted publicly by you will be considered personal data subject to the Privacy Policy.
We use through our Oddup Services different third-party social plug-ins. When you use these plug-ins, your browser will create a connection to that third-party’s servers and we do not have influence over the scope of data transmitted once that connection has been made. You should review the terms and conditions and privacy policies of the third-parties providing the social plug-ins for more information. You are responsible for deciding to make use of these plugins or any other third-party applications or platforms. We also allow you the option to link your Oddup Account to accounts that you may have with third-parties. If you opt to link your Oddup Account, then we will receive specific information related to the use of your Oddup Account. By linking your Oddup Account, you consent to Oddup collecting, processing, and using that information. Any information received will be collected, processed, and used in accordance with the Privacy Policy. You are responsible for deciding to make use of this feature.
You will most likely come across third-party content or links to third-party websites when using Oddup Services. You acknowledge that Oddup is not responsible for any third-party content or links posted and that your use of the same is at your risk.
In addition to requirements set out in other sections of this User Agreement, we require that you do not engage in any of the following activities:
We also require that you comply with the following guidelines with respect to User Content that you post or communicate and when you otherwise use Oddup Services:
You expressly agree that the ratings, recommendations, analytics and other opinions provided as a part of the Oddup Services:
While we obtain information from the sources we believe to be reliable, we do not perform an audit and undertake no duty of due diligence or independent verification or validation of any information we use. We cannot guarantee and do not make any warranty, express or implied, as to the accuracy, adequacy or correctness of and assume no liability or responsibility for any information we use as a source for the Oddup Services. We cannot and do not take responsibility for the veracity, reliability or completeness of any Oddup Services or information otherwise available on our websites, apps or platforms. We assume no obligation to update any information following provision of the Oddup Services. We neither endorse nor are responsible for any opinion, advice, information or statement made or displayed on our websites, apps or platforms by third parties.
We make no representation or warranty, express or implied, to you or any other person as to the accuracy, adequacy, results, timeliness, truthfulness, completeness, merchantability, fitness for any particular purpose and/or non-infringement with respect to the Oddup Services or any materials provided through our websites, apps or platforms.
Oddup, its related entities and affiliates, or their third party providers and their employees, shareholders, directors, officers, representatives or agents are not responsible for any errors or omissions, regardless of the cause, or for the results obtained from the use of Oddup Services. Oddup Services are provided on an “as is” and “as available” basis without representation or warranty of any kind, either express or implied, and are at your own risk.
We make no representation or warranty that any materials made available to you as a part of the Oddup Services are appropriate or available for use in any particular locations, and access to them from territories where any of the contents of our websites, apps or platforms are illegal is prohibited. If you choose to access our websites, apps or platforms from such locations, you do so on your own volition and are responsible for compliance with any applicable local laws, rules and regulations. We may limit availability of Oddup Services or access to our websites, apps or platforms, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. You agree and acknowledge that no oral or written information or advice given by us or any of our employees, representatives or agents in respect to our websites, apps or platforms shall constitute a representation or a warranty unless such information or advice is incorporated into this User Agreement by a written agreement.
Materials made available through Oddup Services or otherwise through our websites, apps or platforms may include inaccuracies or typographical errors, and there may be times when our websites, apps or platforms or their contents are unavailable. We may make modifications and/or changes to our websites, apps or platforms or to Oddup Services or any materials made available on our websites, apps or platforms at any time and for any reason. You assume the sole risk of and total responsibility for making use of and/or relying on Oddup Services or our websites, apps or platforms.We do not guarantee that Oddup Services will always be safe, secure or error-free or that Oddup Services will always function without disruptions, delays or imperfections and that everything will work at all times and you cannot rely on it to do so. We disclaim any liability for interruption of services (ours or yours), loss of content, User Content, data, or communications, and any other claims related to an expectation of Oddup Services operating without errors or interruptions.
Oddup has no obligation to verify the identity of its users and disclaims any liability for misrepresentation, identity theft, or related misconduct by its users or third-parties.
You are entirely liable for activities conducted by you or anyone else using your Oddup Account. If you are dissatisfied with the Oddup Services or our websites, apps or platforms, your sole and exclusive remedy is to stop using the Oddup Services and our websites, apps or platforms. To the extent permitted by law, we disclaim any and all legal liability related to the Oddup Services and their reliability, safety, continuity, and quality. In no event shall Oddup, its related entities and affiliates, or their third party providers and their employees, shareholders, directors, officers, representatives or agents be liable to any party for any direct, indirect, incidental, exemplary, compensatory, punitive, foreseen or unforeseen, special or consequential damages, costs, expenses, legal fees, or losses (including, without limitation, lost income or lost profits and opportunity costs) in connection with, arising out or relating in any way to the Oddup Services or our websites, apps or platforms even if advised of the possibility of such damages. In any event, to the extent permitted by law, Oddup and its related entities, affiliates, employees, shareholders, directors, officers, representatives or agents limit the maximum aggregate liability to you for any reason whatsoever related to access to or use of Oddup Services, our websites, apps or platforms and their contents to the greater of (a) the total amount paid by you for Oddup Services provided pursuant to this User Agreement during the 12 months immediately preceding the event giving rise to liability, or (b) U.S.$100. If you incur any damages that arise out of the acts or omissions of Oddup, its related entities or affiliates, or their third party providers or their employees, shareholders, directors, officers, representatives or agents, you acknowledge and agree that the damages, if any, are not irreparable and are not sufficient to entitle you to an injunction of other equitable relief. Disclaimer and limitation of liability in this User Agreement apply to claims based on statute, contract, tort, or law so much as permitted by applicable law. This includes damages for gross negligence and intentional misconduct unless applicable law restricts our ability to limit those damages in advance. Applicable law may not allow the above limitation or exclusion of liability or incidental or consequential damages. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
You (the subscriber) hereby agree to defend, hold harmless, and indemnify Oddup and its related entities, affiliates, employees, shareholders, directors, officers, representatives, agents, successors and assigns from and against any and all demands, claims, suits, actions, judgments, expenses, damages, liabilities and costs (including reasonable attorney’s and professionals’ fees and court costs) arising, directly or indirectly, out of or from any third-party claims based on or related to your use of Oddup Services, your breach of this User Agreement, your infringement of a third-party’s intellectual property rights, or any other conduct you engaged in on Oddup’s websites, apps or platforms.
You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While we have endeavored to create a secure and reliable websites, apps and platforms, please be advised that the confidentiality of any communication or material transmitted to/from our websites, apps or platforms over the Internet cannot be guaranteed. Accordingly, we are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on our websites, apps or platforms, or for the consequences of any reliance on such information. We shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using Oddup Services and our websites, apps or platforms.
You expressly absolve and release us from any claim of harm resulting from a cause beyond our control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.
This User Agreement will take effect when you first commence using our websites, apps or platforms. You may terminate this User Agreement without cause at any time by providing notice to us, closing your Oddup Account, and no longer making use of the Oddup Services. We reserve the right at any time and for any reason, including but not limited to for misuse of the Oddup Services or a breach of this User Agreement, to deny you access to the Oddup Services or our websites, apps or platforms or any portion thereof. Termination will be effective without notice. We retain the discretion to suspend or restrict your Oddup Account rather than terminate. In the event of termination of this User Agreement for any reason, we retain the rights to your User Content and the provisions of this User Agreement granting us such rights shall continue in full force and effect. Notwithstanding the termination of this User Agreement for any reason, disclaimers, limitations of liability, indemnity, any provisions applicable to any breach or act of omission occurred prior to the termination and any other provisions of this User Agreement that by their nature should survive the termination shall survive and continue in full force and effect following such termination.
The governing law for this User Agreement shall be the laws of Hong Kong, and in the event that any disputes arise in relation to this User Agreement, the Courts of Delaware shall have exclusive jurisdiction. Irrespective of the provisions in this User Agreement regarding choice of law, nothing in this User Agreement shall limit the right of Oddup to seek and obtain in any court of competent jurisdiction any equitable or interim relief or provisional remedy, including injunctive relief. You shall not be entitled to seek and obtain in any court of competent jurisdiction any equitable or interim relief or provisional remedy, including injunctive relief that would restrict the Oddup Services and our delivery and exploitation thereof. Parties to any dispute, controversy or claim referred to resolution pursuant to this clause shall share equally any and all costs and expenses in relation thereto.
You must use all reasonable endeavors to mitigate any loss or damage whatsoever (and howsoever arising) and nothing in this User Agreement shall be deemed to relieve or abrogate you of any such duty to mitigate any loss or damage.
No joint venture, partnership, employment, or agency relationship exists between you and Oddup as a result of this User Agreement or your use of Oddup Services.
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
This Agreement and documents incorporated by reference represent the entire understanding and agreement between you and Oddup with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements and understandings.
The failure of Oddup to enforce any of the provisions of this User Agreement, or any rights with respect hereto, or the failure to exercise any election provided for herein, will in no way be considered a waiver of such provisions, rights, or elections, or in any way affect the validity of this User Agreement.
This User Agreement may not be assigned by you to any other party without the prior written consent of Oddup. Failure to obtain such consent shall avoid the assignment. Oddup may freely assign this User Agreement without your prior written consent.
We reserve at our sole discretion the right to change this User Agreement from time-to-time. We will provide appropriate notice to you of any material changes to this User Agreement or any material changes in the way that we provide the Oddup Services. If you continue to use Oddup Services after notice of a material change, you will be considered to have consented to the change. If you do not wish to consent, then you may close your Oddup Account.
You may contact us with respect to this User Agreement or any other questions by writing to us at:
Oddup Limited Unit 2A, Cheung Hing Industrial Building, Kennedy Town, Hong Kong
If you would like to provide written notice of copyright infringement or other intellectual property infringement, or would like a copy of our policies regarding the same, please contact us by e-mail or by writing to us at:
Oddup Limited Unit 2A, Cheung Hing Industrial Building, Kennedy Town, Hong Kong
