Updated April 16, 2026
These Terms govern your access to and use of the Ontorium platform, including all associated websites, applications, smart contracts, APIs, and services (collectively, the “Platform”). These Terms constitute a legally binding agreement between you (“User,” “you,” or “your”) and Ontorium and its affiliates (“Ontorium,” “we,” “us,” or “our”).
By accessing or using the Platform, including by interacting with any smart contracts, clicking ‘I Agree’ (or any similar button or checkbox), or using any feature or functionality of the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform.
These Terms should be read together with the following additional terms, policies, and notices that may apply to specific features, services, or transactions on the Platform, including but not limited to:
All such policies, disclosures, and additional terms are incorporated into these Terms by reference. In the event of any inconsistency between these Terms and any product-specific or service-specific terms, the product-specific or service-specific terms shall prevail with respect to that particular product or service.
If you do not agree to these Terms or any applicable additional terms, you must discontinue your use of the Platform. Continued use of the Platform following any amendment to these Terms constitutes your acceptance of the revised Terms.
By accessing or using the Platform, you represent and warrant that:
2.1 You are at least 18 years of age, or the age of majority in your jurisdiction, whichever is greater;
2.2 You have full legal capacity, power, and authority to enter into and be bound by these Terms, whether acting on your own behalf or as an authorized representative of a legal entity;
2.3 Your access to and use of the Platform is fully compliant with all applicable laws, regulations, and rules in your jurisdiction, including but not limited to financial services law, securities law, commodities law, anti-money laundering (“AML”) law, counter-terrorism financing (“CTF”) regulations, and applicable tax obligations;
2.4 You are not a person or entity that is prohibited from using the Platform under these Terms, applicable law, or any applicable sanctions regime;
2.5 You are not, and are not acting on behalf of, any person or entity that is (i) designated on any sanctions list maintained by the United Nations, the European Union, the United States (including OFAC), the United Kingdom, or any other applicable governmental authority; (ii) organized or resident in a Restricted Jurisdiction (as defined below); or (iii) owned or controlled by any such person or entity; and
2.6 You do not, and will not, use VPN software or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the Services.
Ontorium reserves the right to restrict access to the Platform in any jurisdiction at its sole discretion, without prior notice, and without liability to any User.
Ontorium is a financial infrastructure platform that enables the issuance, management, and utilization of digital assets backed by real-world assets through an integrated on-chain architecture.
The Platform is structured across multiple layers, including:
(a) Asset Layer, through which real-world assets such as gold-backed tokens (e.g., OXAU) may be issued, minted, redeemed, or otherwise managed;
(b) Financial Layer (e.g., AQUA); and
(c) Application Layer, which may provide user-facing applications, integrations, or services that enable practical use of digital assets.
The Platform may include functionalities such as minting, redemption, transfers, staking, interaction with smart contracts, and integration with third-party protocols or services. Availability of any feature may vary and is subject to applicable eligibility requirements, including KYC or KYB verification, and jurisdictional restrictions.
Certain features or services may be subject to additional terms, conditions, and risk disclosures. Ontorium reserves the right to introduce, modify, suspend, or discontinue any part of the Platform at any time, without prior notice and without liability.
Access to the Platform may require account registration, identity verification, and connection of a compatible self-custodial wallet. You are solely responsible for maintaining control over your account credentials and wallet.
Ontorium does not guarantee uninterrupted, secure, or error-free operation of the Platform. The Platform may be subject to downtime, delays, or failures due to factors beyond our control, including blockchain network conditions, smart contract risks, third-party dependencies, or regulatory changes.
To access certain features of the Platform, you may be required to create an account and connect a compatible self-custodial wallet.
You agree to:
You acknowledge that Ontorium does not store, manage, or have access to your private keys, and does not have custody of your digital assets.
All transactions conducted through the Platform are executed on public blockchain networks and are irreversible. Ontorium has no ability to reverse, cancel, or recover any transaction or lost digital assets.
Ontorium reserves the right to suspend or terminate any account or access to the Platform that violates these Terms, applicable laws, or Ontorium’s policies, with or without notice.
5.1 Tokenized real-world assets (“RWA Tokens”) made available through the Platform represent on-chain claims backed by or referenced to underlying real-world assets. The specific rights, obligations, and structure of each RWA Token are defined by the applicable product terms, offering materials, and legal agreements governing that token.
5.2 Nothing on the Platform constitutes investment, financial, legal, or tax advice. You acknowledge that acquiring, holding, or using RWA Tokens involves significant risks, including but not limited to market risk, liquidity risk, smart contract risk, custody risk, and regulatory risk, including the risk of total loss.
5.3 Underlying assets associated with certain RWA Tokens may be held by third-party custodians. While Ontorium may engage established custodial partners to support asset backing and verification, Ontorium does not guarantee the value, liquidity, marketability, or legal status of any underlying asset, nor the performance, solvency, or continued operation of any third-party custodian.
You acknowledge that the use of third-party custodians introduces additional risks, including but not limited to custodian failure, operational errors, and force majeure events.
5.4 RWA Tokens may be subject to regulation in certain jurisdictions, including classification as securities, commodities, or other financial instruments. You are solely responsible for ensuring that your access to and use of any RWA Token complies with applicable laws and regulations in your jurisdiction. Ontorium reserves the right to restrict or deny access to any RWA Token or related functionality at its sole discretion.
The Platform may provide access to decentralized lending protocols, liquidity pools, collateral markets, and other on-chain financial services (collectively, “DeFi Services”).
You acknowledge and agree that your use of DeFi Services involves significant risks, including but not limited to the following:
(a) Smart Contract Risk: DeFi Services are governed by smart contracts deployed on public blockchains, which may contain bugs, vulnerabilities, or errors that could result in loss of funds. Ontorium does not guarantee the security, functionality, or accuracy of any smart contract;
(b) Liquidation Risk: Collateralized positions may be subject to automatic liquidation if collateral values fall below required thresholds. You are solely responsible for monitoring your positions, and Ontorium shall not be liable for any losses arising from liquidation events;
(c) Slippage and Market Risk: Prices and liquidity conditions in on-chain markets are volatile and may change rapidly. Ontorium does not guarantee execution prices, liquidity availability, or market stability; and
(d) Non-Custodial Nature: Ontorium does not take custody of your digital assets in connection with DeFi Services. You retain sole control over your private keys and wallets, and Ontorium is not responsible for any loss of access, keys, or funds.
You agree not to, and shall not, directly or indirectly use the Platform to:
(a) Violate any applicable law, regulation, or regulatory requirement;
(b) Engage in money laundering, terrorist financing, fraud, market manipulation, or any other unlawful financial activity;
(c) Circumvent or attempt to circumvent any geographic restrictions, sanctions programs, compliance requirements, or access controls implemented by Ontorium;
(d) Introduce any malware, exploit, virus, or other malicious code into the Platform, including its underlying smart contracts;
(e) Engage in wash trading, front-running, or any other form of abusive or manipulative trading activity;
(f) Impersonate any person or entity, or misrepresent your identity, affiliation, or authorization;
(g) Use any automated means, including bots, scripts, or scraping tools, to access or use the Platform in a manner that may disrupt, degrade, or interfere with the normal operation of the Platform; or
(h) Reproduce, distribute, modify, or create derivative works from any content, data, or materials available on the Platform without prior written consent from Ontorium.
Ontorium reserves the right to investigate any suspected violation of this Section and may, at its sole discretion, take any action it deems appropriate, including restricting, suspending, or terminating your access to the Platform, reporting such activity to regulatory or law enforcement authorities, and pursuing any available legal remedies.
All content, features, technology, trademarks, and materials available on or through the Platform, including but not limited to software, designs, text, data, graphics, and smart contract code developed by Ontorium, are the exclusive property of Ontorium or its licensors and are protected by applicable intellectual property laws.
Subject to your compliance with these Terms, Ontorium grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your personal or internal business purposes.
Except as expressly permitted under these Terms, you shall not, and shall not permit any third party to, copy, modify, distribute, reproduce, republish, reverse engineer, decompile, disassemble, or create derivative works from any part of the Platform or its underlying technology.
All rights not expressly granted herein are reserved by Ontorium.
Your use of the Platform is subject to Ontorium’s Privacy Policy, which is incorporated herein by reference. By accessing or using the Platform, you consent to the collection, processing, and use of your personal data as described in the Privacy Policy.
You acknowledge that transactions and data recorded on public blockchain networks are immutable, publicly accessible, and not controlled by Ontorium. Ontorium is not responsible for any information that is publicly available on such networks.
Ontorium may collect and process personal data in connection with identity verification, KYC/AML compliance, and regulatory obligations. Such data will be processed in accordance with applicable data protection laws and Ontorium’s Privacy Policy.
You acknowledge that certain services may involve third-party service providers, and Ontorium shall not be responsible for the data handling practices of such third parties, except as required by applicable law.
10.1 THE PLATFORM AND ALL CONTENT, SERVICES, AND FEATURES, INCLUDING OXAU TOKEN ISSUANCE, THE AQUA LENDING AND LIQUIDITY MARKET, AND ANY FUTURE APPLICATION LAYER SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ONTORIUM DISCLAIMS IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10.2 The availability and performance of the Platform, including minting, redemption, swap, and lending functionalities, may vary depending on network conditions, system performance, and external dependencies. Certain data, including price feeds, collateral valuations, and other information, may be subject to delays or inaccuracies due to third-party sources or technical limitations.
10.3 OXAU tokens are designed to reflect exposure to underlying physical gold assets. However, the value, liquidity, and availability of OXAU may vary depending on market conditions, operational factors, and applicable product terms. Users should be aware that access to minting, redemption, and swap services may be subject to eligibility requirements, processing conditions, and operational constraints. Physical redemption of OXAU tokens is currently operated and available exclusively in Hong Kong. Ontorium does not currently offer physical redemption services in other jurisdictions. Ontorium makes no representation that physical redemption services will be extended to additional jurisdictions at any future date.
10.4 Participation in lending and borrowing activities through the AQUA protocol involves risks associated with collateral management, market volatility, and smart contract execution. Collateralized positions may be subject to liquidation if required thresholds are not maintained. Users are responsible for monitoring and managing their positions.
10.5 The Platform relies on smart contracts and public blockchain networks, which may be subject to technical limitations, vulnerabilities, or network-related disruptions. Blockchain transactions are irreversible and may be affected by congestion, delays, or network events beyond Ontorium’s control.
10.6 Certain underlying assets may be held by third-party custodians. While Ontorium works with established partners to support asset backing and verification, custody arrangements are subject to operational, legal, and market factors that may affect accessibility and processing timelines.
10.7 Nothing on the Platform constitutes investment, financial, legal, or tax advice. All content and services are provided for informational purposes only. Users are responsible for making independent decisions and, where appropriate, seeking professional advice.
You acknowledge that your use of the Platform, including any interaction with digital assets or smart contracts, is at your own risk.
To the maximum extent permitted by applicable law, Ontorium and its affiliates, officers, directors, employees, agents, licensors, and service providers shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of data, loss of digital assets, goodwill, service interruption, computer damage, or system failure, arising out of or in connection with your use of or inability to use the Platform.
In no event shall Ontorium’s total liability to you exceed the greater of (i) the fees paid by you to Ontorium in the twelve (12) months preceding the event giving rise to liability, or (ii) one hundred U.S. dollars (USD $100).
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability. In such jurisdictions, the above limitations shall apply to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless Ontorium and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to: (i) your violation of these Terms; (ii) your unauthorized or improper use of the Platform; (iii) your violation of any applicable law or regulation; (iv) your violation of any third-party rights; or (v) any content or data you submit to or transmit through the Platform.
In addition to Ontorium’s fees, third-party fees may apply in connection with your use of the Platform, including fees charged by custodians, payment processors, blockchain networks, or other third-party service providers. Such third-party fees are separate from and in addition to any fees charged by Ontorium, and are subject to the terms and conditions of the relevant third party. You acknowledge and agree that you are responsible for all applicable third-party fees.
You are solely responsible for any network transaction fees (including gas fees) incurred in connection with blockchain transactions on the Platform. Such fees are determined by the relevant blockchain network and are outside Ontorium’s control.
All fees paid are non-refundable unless otherwise required by applicable law or expressly stated in applicable product-specific terms.
Fees are subject to change at Ontorium’s discretion. Any changes to the fee structure may be communicated through the Platform. Continued use of the Platform following a fee change constitutes your acceptance of the updated fees.
Ontorium may charge fees in connection with certain Platform services, including but not limited to minting, redemption, swap, and protocol usage fees. Applicable fees will be disclosed to you prior to completing any transaction. By proceeding with a transaction, you agree to pay all associated fees.
You are solely responsible for determining and fulfilling any tax obligations arising from your use of the Platform, including but not limited to obligations related to minting, redemption, swap, lending, borrowing, and any other activities or features made available through the Platform, as well as any gains or income derived from such activities.
Ontorium does not provide tax advice and makes no representations regarding the tax treatment of any Platform activity in any jurisdiction. You should consult a qualified tax adviser regarding your specific circumstances.
To the extent required by applicable law, Ontorium reserves the right to withhold taxes or report transaction information to relevant tax authorities. You agree to provide any information reasonably requested by Ontorium to comply with applicable tax reporting obligations.
Ontorium may suspend or terminate your access to the Platform at any time, with or without cause, and with or without notice, to the extent permitted by applicable law. Upon termination, your right to access and use the Platform will immediately cease.
Provisions of these Terms that by their nature should survive termination, including but not limited to provisions relating to intellectual property, disclaimers, limitation of liability, indemnification, fees, taxes, and dispute resolution, shall survive any termination or expiration of these Terms.
Ontorium operates in a rapidly evolving regulatory environment. The regulatory treatment of blockchain-based assets, DeFi protocols, and tokenized real-world assets varies significantly across jurisdictions and is subject to change. Ontorium may, at any time and without prior notice, modify, restrict, or terminate access to the Platform or any feature thereof in response to changes in applicable laws, regulations, or regulatory guidance. You are solely responsible for determining whether your use of the Platform complies with applicable laws and regulations in your jurisdiction. Ontorium may be required by law to collect, report, or disclose information about your account activity to governmental authorities, including for AML, KYC, tax reporting, or other compliance purposes. By using the Platform, you consent to such disclosures to the extent required by law.
Ontorium reserves the right to modify these Terms at any time at its sole discretion. If we make material changes to these Terms, we will provide notice through the Platform or by other reasonable means. Your continued use of the Platform following the effective date of any modification constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must immediately discontinue use of the Platform.
These Terms shall be governed by and construed in accordance with the laws of the British Virgin Islands, without regard to its conflict of laws principles. Any dispute arising out of or in connection with these Terms or the Platform shall be subject to the exclusive jurisdiction of the courts of the British Virgin Islands.
Notwithstanding the foregoing, Ontorium reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm.
These Terms, together with the Privacy Policy and any additional terms incorporated by reference, constitute the entire agreement between you and Ontorium with respect to the Platform.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Ontorium’s failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms do not confer any rights or remedies on any third party.
You may not assign or transfer any of your rights or obligations under these Terms without Ontorium’s prior written consent. Ontorium may assign its rights and obligations under these Terms without restriction.
Ontorium shall not be liable for any failure or delay in performance resulting from circumstances beyond its reasonable control, including but not limited to blockchain network failures, governmental actions, natural disasters, or cyberattacks.
If you have any questions about these Terms, please contact us at: contact@ontorium.io