Terms and Conditions
Last Modified: October 16, 2024
Welcome to the Optio Consortia DAO Foundation community. The website is provided by iW3 Consulting, collectively referred to as Optio (“Optio,” “we,” “us,” or “our”). These Terms and Conditions constitute the User Agreement and Terms of Service (hereafter the “Terms & Conditions”) governing your access and use of www.optio.community (referred to as “Optio” or the “Site”), the ParlerPay App at www.parlerpay.com, and any services provided through the Website or App (“Services”).
Services include:
The content on our website located at www.optio.community (“Website”), along with any other websites, pages, features, or content owned or operated by Optio, that may be made available directly or indirectly from time to time (collectively referred to as “Optio” or “Services”).
These Terms & Conditions do not establish any agency, partnership, or joint venture between Optio and any person, customer, or entity (collectively referred to as the “User”) utilizing the Sites. By registering for an account through the Optio site, any associated websites, APIs, or mobile applications, the User represents that they have read and agree to the Terms & Conditions and Optio’s Privacy Policy.
If Users do not agree with these Terms, they are prohibited from accessing or using the Services, Sites, or any other aspect of our business.
Optio reserves the right to amend or update these Terms & Conditions at its sole discretion. Revised versions will become effective as of the date and time they are posted on the Site.
1.0 Optio Services
Optio creates products and services that integrate with blockchain technology, powered by a global decentralized node network where participating node licensees are rewarded with Optio digital rewards (OPT). Optio enables its Users to own, transfer, and share unique digital rewards, which can be viewed on the site and managed through the Optio App, as described further in Section 1.2.
Eligibility to Use Our Services
To use our Services, Users must be an individual, corporation, legal entity, or organization located in a region where Optio services are available. Individual Users must be at least 18 years old.
Account Creation Requirements
To fully access our Services, Users must:
- Provide required information, including full name, email address (temporary, disposable, self-destructive, or similar email addresses are prohibited), phone number, current physical address, and any other information we may request.
- Select a strong password.
- Accept these Terms & Conditions.
Optio reserves the right, at its sole discretion, to accept or deny any application, with or without cause, and to impose limits on the number of accounts a User can hold. Optio and any Indemnified Persons (as defined below) will not be liable for any losses, damages, or expenses resulting from a decision to deny a User’s application.
Enhanced Due Diligence
Optio may require Users to provide additional information about themselves or their business, submit relevant documentation, or engage in face-to-face meetings with Optio representatives. We retain the right to impose charges for any expenses incurred during the Enhanced Due Diligence process. Optio may temporarily suspend or limit account access or services while conducting Enhanced Due Diligence. Optio and its affiliated parties will not be liable for any losses, damages, or expenses Users may face due to such suspensions or restrictions.
Legal Compliance
By using Optio, Users confirm they are not listed on any trade embargo or economic sanctions lists, such as the United Nations Security Council Sanctions List, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons List, or the U.S. Department of Commerce’s Denied Persons or Entity List. Optio reserves the right to select the markets and jurisdictions in which it operates and may, at its discretion, restrict or refuse business services in specific countries or regions.
1.1 ParlerPay App
1.1.1 ParlerPay App Usage
ParlerPay, supported by iW3 Consulting, is a digital wallet integrated with the Optio Blockchain. It allows Users to manage their digital assets, including Optio Digital Rewards. ParlerPay does not take custody or control over any Digital Rewards stored in a User’s ParlerPay account, and users are fully responsible for managing their wallets, including securely storing seed phrases and private keys. ParlerPay does not store or recover private keys, and any loss of access due to mismanagement is the sole responsibility of the User.
In addition to the ParlerPay App, Users may use any compatible digital app or wallet provided by a third-party company that connects safely to the Optio Blockchain. ParlerPay is not responsible for any damage incurred through the use of third-party apps or wallets. Users may also use the ParlerPay App or other compatible wallets to send and receive Digital Rewards with other users of the Optio Blockchain.
1.1.2 Rewards Wallet Creation
When a User creates an account within the ParlerPay App, they also have the opportunity to create a Rewards Wallet (defined in detail in Section 1.5). Upon creation of the Rewards Wallet, the Optio Blockchain software generates a cryptographic private key and public key pair that the User must use to send and receive any digital rewards supported on the Optio Blockchain.
The User is solely responsible for securely storing and keeping confidential, outside of Optio’s Services, a backup of their ParlerPay App credentials, private keys, passwords, and transaction information. Should the User fail to maintain a backup, they may not be able to access their Rewards Wallet if Optio discontinues some or all of the Optio Services. Any digital rewards stored within the ParlerPay App may become inaccessible if the User fails to securely manage their keys and passwords. Optio does not receive or store the User’s passwords, PINs, keys, network addresses, or transaction history, and therefore cannot assist the User with password or key retrieval. Any third party with knowledge of the User’s credentials can potentially access or dispose of the digital rewards in the User’s app.
1.1.3 Transaction Validation on the Optio Blockchain
For a transaction to be validated on the Optio Blockchain, it must be confirmed and recorded in the distributed ledger associated with this blockchain. The Optio Blockchain is a decentralized, peer-to-peer network supported by its users and is not owned or controlled by Optio.
1.1.4 Control Over Digital Rewards
Optio has no control over the Digital Rewards generated through the Optio Blockchain and cannot guarantee that any transaction details submitted by the User via the ParlerPay App or Rewards Wallet will be confirmed or processed on the Optio Blockchain. Transaction details submitted may not be completed or may face delays due to the nature of the blockchain or any supporting blockchain used to process transactions. Optio does not guarantee the ability to transfer title or rights to any NFT or digital reward and makes no warranties of title. Once transaction details have been submitted to the Optio Blockchain, Optio cannot assist the User to cancel or modify such transactions.
1.1.5 Handling of Blockchain Forks
Should a divergence occur within the Optio Blockchain or any blockchain we support, there may be instances where Optio cannot sustain user activities on the divergent blockchain, impacting access to Digital Rewards. In the case of a fork, transactions processed through the ParlerPay App may face disruptions such as delays, incomplete execution, or errors. Optio disclaims liability for any losses or damages resulting from disruptions following a blockchain fork.
1.1.6 Fees Associated with Using the ParlerPay App
- Blockchain Transaction Fees: Transactions on the Optio Blockchain may require Blockchain Transaction Fees. Optio provides estimates, but actual fees may vary. Users are responsible for covering these fees, and Optio does not advance fees on behalf of users.
- Access and Usage Fees: Currently, there is no fee for downloading, accessing, or using the ParlerPay App, nor for sending, receiving, or storing digital rewards. Optio reserves the right to introduce fees in the future, with clear communication of any applicable charges.
1.1.7 User Responsibilities
Users are responsible for all activities conducted through the ParlerPay App and accept all risks associated with unauthorized access. Users must be familiar with and accept the risks of using digital apps and private keys.
1.1.8 Reward Programs
Optio may offer programs where Users can receive rewards based on activities like referrals or promotional actions. Optio makes no guarantees regarding these rewards and disclaims liability for non-receipt of such rewards. Users assume sole responsibility for their participation.
1.1.9 Product Updates and Changes
Optio reserves the right to introduce or modify products without prior User consent. Additional terms may apply to new or modified products and will be published as necessary.
1.1.10 Additional Services
Optio may introduce additional services, governed by the terms and conditions published on the respective sites.
1.2 Collaboration with Other Companies
Due to the decentralized nature of the Optio Blockchain, there will be collaboration with other companies to enhance and expand the range of products and services offered. This collaboration ensures the integration of various technologies and services, providing Users with a comprehensive and robust experience within the Optio network.
1.3 Optio Node
The Optio Node is a computer software and/or hardware system connected to the Optio Blockchain. It supports blockchain operations by maintaining cryptography and facilitating transactions on the Optio Blockchain. The term “Optio Node” may refer either to the node itself or a license obtained by the User to operate the node. Optio Nodes collectively form the “Optio Node Network.”
1.4 Optio Blockchain
The Optio Blockchain allows each User to store digital rewards and other attributes on a public ledger that enables a decentralized, immutable record of ownership. The Optio Blockchain is a decentralized, peer-to-peer network supported by its users and is not owned by Optio. When a User earns or receives any digital reward through the Smart Contract process, the User owns that reward outright.
1.5 Optio Reward
Each User of any service on the Optio Blockchain and associated Optio Node may earn Optio Rewards. The Optio Reward is a digital reward and is not a security token. It is not offered for sale; instead, it is distributed through a decentralized protocol to Users and Optio Node owners in exchange for their activity related to Optio. The distribution of Optio Rewards is governed by a unique blockchain protocol and is not controlled by Optio. While Optio Rewards may achieve market adoption in the future, their utility currently exists solely within the Optio Blockchain and may or may not hold monetary value.
1.6 Rewards Wallet
The Rewards Wallet is a decentralized, non-custodial wallet secured by a passcode that must be entered by the account holder to sell or transfer digital assets.
2.0 Payment Terms
2.1 License Fee and Monthly Service Fee
Users must pay a one-time license fee for the Optio Software Node license. Optio reserves the right to charge a monthly service fee for Services. Optio may, at its discretion, designate affiliates or third parties to sell software or hardware necessary to support Optio Nodes. Optio makes no representations or warranties and accepts no liability for any transaction between the User and any Optio affiliate or third party.
2.2 Software Node License
Users may be required to enter into a software license agreement with Optio or a third party for the use of any software required for Optio Software Nodes. All software license fees are the User’s responsibility.
2.3 Equipment Purchase Not Required
Users are not required to purchase specific hardware but may use any equipment (e.g., computer, GPU, cell phone, or other technology) capable of providing the necessary computing power to safely access and connect to the Optio Blockchain.
2.4 Maintenance and Hosting Fees
Users understand that actions related to the blockchain node software can only be executed at the User’s instruction. Optio does not maintain or host User Optio Nodes but may refer Users to third-party hosting companies, which may or may not be affiliated with Optio. Users entering into a hosting agreement with a third party may incur data center operations, maintenance, and power fees (“Maintenance Fees”).
2.5 Blockchain Transaction Fees
The delivery and receipt of Digital Rewards through the ParlerPay App may be subject to network or transaction fees charged by the blockchain (“Blockchain Transaction Fees”), which are non-refundable. These fees are paid to record, verify, and process transactions on the Optio Blockchain. Any withdrawal or transfer of Digital Rewards may also be subject to these fees.
2.6 Other Third-Party Fees
Certain digital apps, addresses, tools, and third-party software or devices may charge fees (“Third-Party Fees”), including per-transaction or transfer fees, which are non-refundable. Users are responsible for paying such fees. These fees may significantly reduce the value of Digital Rewards, and Users are responsible for managing the selection, use, and frequency of transactions to minimize Third-Party Fees.
2.7 Taxes
Users are responsible for any taxes related to their use of the ParlerPay App and/or Services and must pay Optio without any tax deductions. If Users are required by law to withhold taxes from payments to Optio, they must provide Optio with an official tax receipt or qualified documentation to support such withholding. Users will be liable for any taxes, interest, penalties, or fines arising from any mis-declaration.
Optio delivers its software electronically and does not provide physical copies. Tax obligations, including but not limited to sales and use taxes, are the responsibility of the purchaser, based on the laws of their jurisdiction. Purchasers are advised to consult with a tax professional to ensure compliance with any applicable tax regulations in their locality.
2.8 Disclaimer of Potential Losses and Taxes
POTENTIAL USERS OF NFTs AND/OR DIGITAL ASSETS, INCLUDING BUT NOT LIMITED TO BITCOIN, ETHEREUM, OR ANY ERC20 TOKEN, ARE WARNED OF POSSIBLE FINANCIAL LOSSES AT THE TIME SUCH ASSETS ARE EXCHANGED FOR FIAT CURRENCY DUE TO UNFAVORABLE EXCHANGE RATES. ADDITIONALLY, A FAVORABLE EXCHANGE RATE AT THE TIME OF EXCHANGE MAY RESULT IN A TAX LIABILITY. USERS SHOULD CONSULT A TAX ADVISOR REGARDING ANY TAX CONSEQUENCES ASSOCIATED WITH THE PURCHASE, SALE, TRADE, OR OTHER USE OF DIGITAL ASSETS. USERS ARE SOLELY RESPONSIBLE FOR THE PAYMENT OF ANY APPLICABLE TAXES ASSOCIATED WITH THE PURCHASE, SALE, TRADE, OR OTHER USE OF NFTs OR DIGITAL ASSETS.
2.9 Refund Policy for Optio Node Software License(s)
2.9.1 General Policy
Optio is committed to ensuring customer satisfaction with our services. Given the nature of our offerings, we maintain a strict no-refund policy, except as outlined below. In compliance with applicable laws, Users have a three-day right of rescission, allowing them to cancel their purchase within three business days for a full refund. After this period, refunds will only be considered in exceptional cases, entirely at the discretion of Optio. Clients who believe their situation merits an exception must provide a compelling case for such consideration.
2.9.2 Eligibility for Refunds
Refunds may be issued under the following conditions:
- Three-Day Right of Rescission: Users may cancel their purchase within three business days for a full refund.
- Duplicate Charges: If you were mistakenly charged multiple times for the same service, we will issue a refund for the duplicate charges.
2.9.3 Refund Request Process
To request a refund, please follow these steps:
- Contact Support: Email our support team at support@optio.community.
- Provide Information: Include your account details, transaction ID, and a detailed description of the issue.
- Review Process: Our team will review your request and respond within 10 business days.
2.9.4 Non-Refundable Situations
Refunds will NOT be issued in the following scenarios:
- Change of Mind: If you change your mind after the three-day rescission period.
- Violation of Terms: If your account is suspended or terminated due to a violation of our terms and conditions.
- Partial Use: If you have used part of the service but decide not to continue.
2.9.5 Refund Method
Approved refunds will be processed back to the original payment method. Please note that it may take up to 10 business days for the refund to appear in your account, depending on your payment provider.
2.10 Cancellation Policy for Optio
2.10.1 Termination
Optio may suspend or terminate the User’s right to access or use Optio immediately and without notice if:
- Optio determines that the User’s use of the services poses a security risk to Optio, its infrastructure, or any third party.
- The User engages in fraudulent activities or is in breach of any terms and conditions.
- The User initiates a chargeback or dispute related to any payment or purchase of Services.
- The User ceases to operate in the ordinary course, assigns assets for the benefit of creditors, or becomes subject to bankruptcy, reorganization, liquidation, or similar proceedings.
Optio reserves the right to cancel the User’s account if the User is included in any trade embargoes or economic sanctions list (such as the United Nations Security Council Sanctions List), the list of specially designated nationals maintained by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury, or the Denied Persons or Entity List of the U.S. Department of Commerce.
2.10.2 Effect of Suspension
If Optio suspends the User’s access, the User remains responsible for all fees incurred during the suspension period. The User agrees to pay any fees associated with reconnecting the services.
2.10.3 Effect of Termination
Upon termination, all rights under these Terms immediately cease. The User remains responsible for any outstanding fees up to the termination date.
3.0 User Obligations
3.1 Software and Equipment Allocation
Users are responsible for selecting and managing their software, equipment, and optimization strategies. Optio is not responsible for the selection, timing, or management of blockchain protocols or for any protocols used in connection with Optio Services. Users bear sole responsibility for these decisions and acknowledge that node transactions on the blockchain may vary across Optio Nodes. Users also acknowledge that mining difficulty may fluctuate and is likely to increase over time.
3.2 Login Credentials
Users must safeguard the confidentiality of their login credentials for the ParlerPay App and any other Optio Services. These credentials are for the User’s internal use only and must not be sold, transferred, or sublicensed to any other entity or person.
3.3 Blockchain Network Risk
Users accept the risks associated with blockchain protocols and networks, including instability, congestion, high transaction costs, network latency, security risks, regulatory changes, and technological or operational errors. These risks may result in delays or failures in processing transactions or generating hash rates. Optio is not responsible for any reduction in services due to these risks. Should significant changes occur in transaction fees or network performance, Optio reserves the right to adjust services accordingly.
3.4 Blockchain Modification Risk
Users acknowledge the risks involved with blockchain development and modification. As blockchain technology evolves, Optio may update or change protocols and features, including the possibility of blockchain forks. These changes may affect or eliminate support for certain algorithms or applications.
3.5 Proof-of-Work Replacement Risk
In the event of a transition from Proof-of-Work to Proof-of-Stake or another consensus mechanism, Users must adapt their operations accordingly. This transition may render certain blockchain applications unsupported, impacting Users’ hash rates and the functionality of their equipment.
3.6 Trade Compliance
Users must comply with all applicable trade compliance laws, including sanctions, anti-boycott, export, and re-export control laws enforced globally, including in the U.S. and the EU. Users must not engage in transactions with persons or entities on prohibited or restricted parties lists, such as those maintained by the U.S., the EU, or the United Nations.
3.7 Anti-Bribery
Users must adhere to international anti-bribery and corruption laws. Unauthorized payments or transfers in connection with Optio Services are prohibited. Users must report any such actions and will be held responsible for legal consequences or damages resulting from violations of these policies.
3.8 Ownership Restrictions
All intellectual property rights related to Optio Services and the ParlerPay App are owned by Optio or its licensors. Users do not have ownership rights to any content, code, data, or other materials accessed through Optio Services.
3.9 Children
Users affirm they are of legal age in their jurisdiction (at least 18 years or older). Optio Services are not intended for children under the age of 18.
3.10 Responsibility for Conduct
Users are responsible for all activities conducted through their ParlerPay App and must comply with all applicable laws and regulations when using Services. Users must prevent unauthorized use of their accounts and protect their personal information.
4. Legal
4.1 Limitation of Liability
Optio shall not be held liable for any direct, indirect, incidental, consequential, or exemplary damages that result from the use or inability to use the Services. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if Optio has been advised of the possibility of such damages. Optio’s total liability under these Terms shall not exceed the amount paid by the User to Optio for services rendered.
4.2 Enforceability of Terms
If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable for any reason, the remaining provisions of these Terms and Conditions will continue in full force and effect. Any invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision. The failure of Optio to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
5. Contact Information
For any questions or concerns, please contact us at:
- Email: support@optio.community
- Phone: (424) 484-8207