SuperStar App General Terms & Conditions
1. Introduction
- These General Terms and Conditions (the "Terms") govern the access, use, features, services and content of the SuperStar application(s) ("SuperStar App(s)") on Telegram.
- The SuperStar App(s) is owned and operated by Olyseum SA (the "Company"), a company limited by shares, incorporated in Switzerland with registered seat at place de Longemalle 1, 1204 Geneva.
- By accessing the SuperStar App(s) through Telegram Users will be required to confirm the following: “I have read, understood and hereby agree with the Terms”, Users fully agree to be bound to these Terms and will fully comply herewith and agree to be a party to this binding contract. The use of and access to the SuperStar App(s) will at all times be governed by the provisions of these Terms and by using and/or accessing the SuperStar App(s) the User accepts fully all these Terms and agrees to be bound by and comply fully therewith. If the User does not wish to be bound by and comply with these Terms in full, he should not access and use the SuperStar App(s). By using or accessing the SuperStar App(s) in any manner, the User affirms, represents and warrants (a) that he has read, understood and agreed to be bound by all of the terms and conditions set forth in these Terms (including any additional terms, policies and agreements specified and/or referenced below or otherwise incorporated into these Terms as well as any subsequent modifications of these Terms), and (c) that his access and use of the SuperStar App(s) is permitted by, and shall not violate, any applicable laws, including those in the User’s jurisdiction. If the User does not agree with these Terms, the User is prohibited from visiting, accessing, using, or transacting on the SuperStar App(s).
- Users of the SuperStar App(s) are specifically referred to below as "User(s)".
- The Company and Users are individually referred to as a "Party" and collectively as the "Parties".
- In the event of a discrepancy between general information provided on the SuperStar App(s) and the Terms, the Terms prevail. In the event of a discrepancy between specific terms provided on the SuperStar App(s) for the purchase of an Experience or Token (as these terms are defined below) and the Terms, the specific terms prevail.
- The Company hereby grants the User a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license, subject to these Terms, to install and use the SuperStar App(s). By using the SuperStar App(s), the User grants the Company a non-exclusive, transferable, worldwide, royalty-free, and fully paid-up right and license to use their personal data for the Company’s commercial purposes, including selling this data to business partners, developing and improving the SuperStar App(s), and providing user support services. This right and license granted by the User is effective from the date the User accepts these Terms and remains effective as long as the User uses the SuperStar App(s). The User’s consent to data commercialization is given freely, informed, specific, and may be revoked at any time, as detailed in these Terms and the Privacy Policy.
2. Definitions
- As used in these Terms, the following terms have the meaning specified below:
- "Coins" means rewards as in-game points to Users for their participation in the activities and skilled games on the SuperStar Apps.
- "Companies Parties" means the Company and its respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns.
- "Experience" means goodies, products, events, games, meetings, calls, videos, digital communications or content related to the Company’s celebrities.
- "Material" means the data or information displayed or accessible from the SuperStar App(s).
- "Metaverse" means the network of 3D virtual worlds where Users can interact with a computer-generated environment which offers a range of activities designed to encourage User participation and interaction. These activities covering different sectors, including art, cinema, music, painting, sport, fitness and cooking recipes presented by expert chefs, takes place entirely in the metaverse and allows the incorporation of audiovisual elements such as video, audio and text, along with explanations by means of avatars and virtual screens showing videos with the contents of the sessions.
- "SuperStar App(s)" means the application(s) belonging to the Company accessible on Telegram to participate in activities and games, as well as make purchases, that facilitate fan engagement of the Users by the Company’s celebrities. The SuperStar Apps allow Users to receive rewards as in-game points through participation in the activities and games on the SuperStar Apps.
- "Tokens" means the new token to be launched in a protocol that the Company deems fit, who will have the same features as the OLY Token (utility and payment token) to emphasize scalability and speed, enabling DApps that can handle very large numbers of users and transactions.
- "User(s)" means Users of the SuperStar App(s).
3. SuperStar App(s)
- The Company operates the SuperStar App(s), only accessible on Telegram at [insert link] to participate in activities, games, AI talks with avatar, tasks to be completed as well as make purchases, that facilitate fan engagement of the Users by the Company’s celebrities. The SuperStar Apps provide value systems that are standardised across multiple platforms and which keep track of and reward each User’s engagement status as a fan. The SuperStar Apps allow Users to receive rewards as in-game points (“Coins”) through participation in the activities and skilled games on the SuperStar Apps for their engagement.
- Users can see the amount of Coins they have in their profile on the SuperStar App. Coins can be acquired only through the SuperStar App. Coins are off-chain credits, not related to blockchain or any other distributed system. Coins may be accumulated and exchanged on the SuperStar App for Tokens which would be credited into the wallet that the User links to the SuperStar App, at a rate to be determined by the Company and specified on the SuperStar App from time to time. Additionally, Coins may be converted into prizes and Experiences.
- Coins do not confer any rights other than those specified in these Terms. In particular, Coins do not represent, constitute or confer any share, participation right, bond, structured product, collective investment scheme, derivative, or other type of securities including uncertified securities. Coins are not to be used for investment purposes and should not be considered as a type of investment.
- The duration of validity of the Coins is determined by the Company in its sole discretion from time to time and specified on the SuperStar App. The Company does not warrant or make any guarantee that the Coins retain any value, whether in fiat, cash, or cryptocurrency.
- Users alone are responsible for any acts or omissions that occur through the use of their SuperStar App user credentials and Coins. In particular, Users who hold Coins agree not to allow anyone to use their SuperStar App account or share their SuperStar App user credentials with any other person for the purpose of facilitating their unauthorized access to the SuperStar App. If a User does share his/her user credentials with anyone, the Company will consider any activities undertaken to have been authorized by the User. The Company reserves the right to suspend or block the access services upon suspicion of any unauthorized access or use, or any attempted access or use, by anyone associated with a User’s user credentials.
- The Company may modify or eliminate the SuperStar App and the Coins system, at its sole discretion, when it deems appropriate to do so. The Company may, on a temporary or definitive basis, interrupt access to the SuperStar App at any time and at the Company’s sole discretion.
4. TOKENS
- The Company will issue a digital token, whereby Users will be able to convert their Coins in Tokens which would be credited into the wallet that the User links to the SuperStar App, at a rate to be determined by the Company and specified on the SuperStar App from time to time.
5. Experiences
- When a User wishes to convert its Coins into Experiences, the latter may consist of goodies, products, events, games, meetings, calls, videos, digital communications or content related to celebrities.
- Experiences are accessible and available at the Company’s entire and sole discretion. In addition, Experiences may be limited to certain categories of Users at the Company’s discretion according to criteria such as age, type of activity, amount of Tokens held by User, legal compliance.
- Users have no right to receive or access an Experience and understand that their existence or continuation is in no event guaranteed by the Company as Experiences may expire and/or are intrinsically linked to celebrities. If an Experience becomes unavailable, the User shall lose all rights to said Experience without any repayment by the Company and/or any compensation by the Company for any loss or damage. In other words, Users understand that the Company shall in no event replace an Experience with another similar experience.
- The duration of validity of an Experience is determined by the Company in accordance with its agreement with celebrities and as specified in the terms and conditions set forth in the Experience. Expired Experiences cannot be used in any way by the User.
6. Metaverse
- Users may also access to the Company’s Metaverse which gives access to spaces like the Main Hall, the central area of the Metaverse, where Users can initially enter and explore the Metaverse. This space is the gateway to all other areas and is designed to give a first immersion in the Metaverse. In the Main Hall, Users can access to the activities scheduled in the Metaverse which are proposed by individuals from the ecosystem of the Company’s celebrities, as well as access to the map of the Metaverse and a museum. Activities will be announced in the Main Hall and subject to specific terms and conditions provided on the Website. Different spaces and services will be available in the Metaverse and will be communicated in due time via our social media. These Terms will be amended accordingly pursuant to art. 15.4 of these Terms.
7. Access and Use
7.1 Access
- In order to access the SuperStar App(s) provided by the Company, users will be able to connect to the Telegram Group via the following URL:
- The Company may determine, in its sole discretion, that it is necessary to obtain certain information about Users in order to comply with applicable law or regulation in connection with the use of the SuperStar App(s). Users agree to provide such information promptly upon request and acknowledge that the Company may refuse to provide access to the SuperStar App(s) until such requested information is provided. Should a User not be validated, they shall be blocked from accessing the Company’s SuperStar App(s).
7.2 Restrictions
- Individuals under 18 years old may not use the SuperStar App(s) provided by the Company. Users who are using the SuperStar App(s) on behalf of an entity represent and warrant that they have the legal capacity and are authorized to accept these Terms on the entity’s behalf.
- The Company does not make any representations or warranties as to any token qualification or lawfulness of a purchase in any jurisdiction other than Switzerland. It is your sole responsibility to seek proper professional and legal advice in order to confirm the legal regime that applies to tokens in your jurisdiction, including any consequences such as taxes.
- Additionally, the purchase of Token is in any event forbidden for any person who resides in Afghanistan, Albania, Barbados, Burkina Faso, Belarus, Burundi, Cambodia, Cayman Islands, Chad, Congo, Crimea Region of Ukraine, Cuba, DRC, Eritrea, Ethiopia, Guinea Bissau, Haiti, Honduras, Iraq, Iran, Jamaica, Libya, Mali, Malta, Morocco, Myanmar, Nicaragua, North Korea, Pakistan, Panama, Philippines, Russia, Senegal, Somalia, South Sudan, Turkey, Turkmenistan, Uganda, Venezuela, Yemen, Zimbabwe. Please refer to the Tokens Sale Terms and Conditions for further details.
7.3 Proper use
- Users must use the SuperStar App(s) properly and in no event for the purpose of conducting unlawful activities, violating the rights of other persons or entities or infringing any applicable legal provisions or in violation with these Terms, additional applicable conditions and policies.
8. Proper Conduct
- Users undertake to be respectful of other Users and the Celebrities their interacting with. In particular, Users shall not make any sexist, racist or any exclusionary or inappropriate comments to other Users or to Celebrities via the avatar for AI talks. Users shall not comment, publish, post or disseminate, no matter the medium or the form, anywhere on or through the SuperStar App(s), content that: defames, harasses or threatens other Users, discusses any illegal activities or encourage others to commit such activities, infringes or misappropriates a third party’s intellectual property rights or may not be disclosed under contractual confidentiality obligations or fiduciary duties, contains obscene (i.e. pornographic) material, language or images, advertising or promotional materials or any form of commercial solicitation, or that may otherwise harm or offence Users or that is otherwise unlawful or that breaches applicable law and regulations.
- Users who do not respect proper conduct while using the SuperStar App(s) and its features may at any time be temporarily or definitively excluded from accessing the SuperStar App(s) at the Company’s sole discretion and without indication of any grounds.
9. Information and Security
- All information provided on the SuperStar App(s) is provided “as is” without any warranty, whether express or implied unless, unless this is specifically imposed by Swiss law. The Company reserves the right, at any time and without prior notice, to modify any information provided to Users when updating or correcting errors and inaccuracies on the SuperStar App(s).
- Users are responsible to ensure the safeguarding and confidentiality of their username and password – including that of third-party access providers – and private keys. The Company will be entitled to presume that it is the concerned User when its user name, password, third-party access or private key is used unless the User has already notified the Company in writing if said User has any reason to believe that the confidentiality of their username, password, third-party access or private key may have been compromised. Users must inform the Company as soon as they are aware of such theft or if they have suspicions or know that any such information is compromised in any way.
- Users are liable for the loss of their private key and any consequent loss in relation to Tokens.
10. Viruses, Hacking and Other Offences
- Users must not misuse the SuperStar App(s) or interfere with other Users by knowingly introducing or sending viruses, trojans, worms, logic bombs or other material, which is malicious or technologically harmful. Users must not attempt to gain unauthorised access to the SuperStar App(s) (which includes the server, cloud or any related data based), the blockchain and/or protocol used for the Tokens. Users must not attack the SuperStar App(s) or concerned blockchain by any means, in particular via a denial-of-service attack or a distributed denial-of-service attack.
- By breaching this clause, Users may be acting contrary to Swiss law. The Company will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing the User’s identity to them. In the event of such a breach, Users’ right to use the SuperStar App(s) will cease immediately. To the maximum extent permissible by law, the Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Users’ computer equipment, computer programs, data or other proprietary material due to their use of the SuperStar App(s) or to their downloading of any material posted on it.
11. Intellectual Property
- Users acknowledge and agree that the Company owns and shall continue to own, exclusively, all legal property, right, title and interest in and to the SuperStar App(s) and its content (including, but not limited to, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, their selection and arrangement, trademarks, tradenames, service marks, branding features, business names, logos, slogans), including all intellectual property rights therein.
- Users are not required to provide the Company with any feedback or suggestions regarding the SuperStar App(s). However, should a User provide the Company with comments or suggestions for the modification, correction, improvement or enhancement of thereof, then, the concerned Users hereby grant the Company a non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, to use and disclose such comments and suggestions in any manner the Company chooses, and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of the Company’s products and content embodying such comments or suggestions in any manner and via any media the Company chooses, but without reference to the source of such comments or suggestions.
- Access to the SuperStar App(s) and the information contained therein, does not in any way convey or transfer any right in or to the intellectual property rights of the Company or any other person in respect of data or information displayed or accessible from the SuperStar App(s) (the “Material”) or in any of the trade marks, copyright, designs, patents, source code, browsing structure, software, domain names, know-how, confidential information, trade secrets or any other intellectual property rights which may vest in the Company or in the author, compiler, creator or licensor of the Material.
- The Company expressly reserves all rights in and to the Company name and logo, the domain name www.supstar.ai, related sub domains and all other of the Company’s names, marks, taglines, or those relating to the SuperStar App(s).
12. Exclusions and Limitation of Liability
- The Company shall not be liable for and Users will have no claim of whatsoever nature against the Company as a result of:
- the loss of or access to any usernames or passwords, third-party access or private keys;
- any unavailability of, or interruption of access to or use of the SuperStar App(s) or any blockchain, software, services, features or facilities offered on the SuperStar App(s);
- any suspension or termination of Users’ access to or use of the SuperStar App(s) or any blockchain, software, services, features or facilities offered on the SuperStar App(s);
- any unavailable feature, including Experiences;
- any transactions concluded between Users in relation to access to Experiences;
- any bugs or errors contained in a smart contract, whether developed or not by the Company.
- In addition to and without prejudice to any other limitations of liability provided for in these Terms or any other agreement and to the fullest extent permitted by Swiss law, the Company shall not be liable to Users for any direct damages or any special, indirect or incidental damages arising out of or relating to these Terms, the use of the SuperStar App(s), whether resulting from negligence, breach or any other cause, except for gross negligence or wilful misconduct. To the extent that a competent court or tribunal or other competent dispute resolution body or authority finally determines, notwithstanding the exclusion contained in this clause, that the Company is liable to the User for any damages, the Company’s liability for any damages howsoever arising shall not exceed any payment made by Users to the Company, if any.
13. Indemnification
- To the fullest extent permitted by applicable law, Users will indemnify, defend and hold harmless the Company and its respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (“Company Parties”) from and against all actual and threatened claims, lawsuits, demands, actions, investigations (whether formal or informal), liabilities, obligations, judgments, damages, penalties, interests, fees, losses, expenses (including attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether claimed by the Company Parties or third parties including governmental authorities, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise arising from or relating to: (i) the use of the SuperStar App(s) in violation of these Terms or any other applicable terms or applicable law, (ii) Users’ responsibilities or obligations under these Terms, (iii) User’s violation of these Terms or any other applicable terms, (iv) any inaccuracy in any representation or warranty of the User; and/or (v) any act or omission of the User that is negligent, unlawful or constitutes wilful misconduct. For avoidance of doubt, nothing contained herein shall limit or restrict the Company Parties’ right to maintain or recover any amounts in connection with any action or claim based upon intentional misstatement, fraudulent misrepresentation, gross negligence or deceit.
- The Company reserves the right to exercise sole control over the defence, at the User’s expense, of any claim subject to indemnification as provided under these Terms. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between Users and the Company.
14. License to the Company
- By using the SuperStar App(s) you authorize the Company to use collected or inferred personal data in accordance with the Company’s privacy policies for its commercial interests based on freely given, informed, and specific consent provided by the User through their acceptance of these Terms and the Privacy Policy. This data may include, but is not limited to, the following categories for commercial purposes:
- Personal Identifying Information (PII): Full Name, ID/Passport Number, Address, Date of Birth, Phone Number, Email.
- Demographic Data: Gender, Marital Status, Number of Children.
- Conversation Data: Content of user conversations and discussed topics (e.g., "I'm looking for information about cryptocurrencies," topics like cryptocurrencies, low-risk investment, DeFi).
- Profile and Preferences Data: Identified interests such as finance, cryptocurrencies, and product preferences.
- Technical and Usage Data: IP Address, Device Information, Platform Browsing History.
- Behavioral Data: Usage frequency, activity patterns.
- Third-Party Data: Social media information, like followed accounts on LinkedIn.
- The User acknowledges that this license to the Company is effective during the term of this contract. Should the User choose to withdraw consent, the Company will immediately stop processing and commercializing the User’s personal data and will cease any further disclosures to third parties.
- Users will not receive any compensation, fees, or other remuneration in connection with this license to the Company for any reason.
15. Processing of Personal Data
- Users agree that the Company may use their personal data resulting from the use of SuperStar App(s), including chats, and their use of the Company’s webs and social networks, in accordance with applicable laws and the Company’s privacy policies. The Company may also, notwithstanding any other provision of these Terms, use aggregated or de-identified User data for research and marketing purposes and to provide, develop and improve the SuperStar App(s) and other Company’s services.
- Users agree not to upload or otherwise make available to the Company any Sensitive Personal Information, including any files containing Sensitive Personal Information, in connection with your use of the SuperStar App(s). “Sensitive Personal Information” means data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade-union membership, genetic data, biometric data that could uniquely identify natural persons, data concerning health or data concerning a natural person's sex life or sexual orientation.
- Please refer to the Company’s Privacy Policy and Cookies Policy for information on the collecting and processing of personal data collected through the SuperStar App(s).
- Users’ consent is specific, informed, and freely given for the commercialization of their personal data, as provided through their acceptance of these Terms and the Privacy Policy, and is revocable at any time. If a User withdraws their consent, the Company will immediately stop processing and commercializing the User's personal data and cease any further disclosures of this data to third parties. However, as data commercialization constitutes a counterparty to the free access and use of the SuperStar App(s), the withdrawal of such consent will result in the User no longer being able to access or use the SuperStar App(s).
16. Miscellaneous
- Assignment. Users shall not assign their rights and obligations under these Terms without the prior written consent of the Company. Any assignment or transfer in violation of this clause shall be void. The Users understand and agree that the Company may assign or transfer in any way (including by means of the sale of assets) all or part of its rights and obligations under these Terms. In such case, the assignee shall replace the Company and the latter shall be released from all of its obligations to the Users as of the date of the assignment. Subject to the foregoing, these Terms, and the rights and obligations of the Parties thereunder, will be binding upon and inure to the benefit of their respective successors, assigns, heirs, executors, administrators and legal representatives, unless the Company makes an assignment itself or agrees to an assignment by the User. Any purported assignment in violation of this provision shall be void.
- Entire Agreement. These Terms and the materials incorporated herein by reference, constitute the entire agreement between the Parties and supersede all prior, concurrent or subsequent agreements and understandings, both written and oral, between the Parties with respect to the subject matter hereof, including, without limitation, any public or other statements or presentations made by the Company or its affiliate. The provisions of these Terms shall prevail in the event of any contradiction with any prior, concurrent or subsequent agreement and understanding, unless the Terms are expressly and specifically excluded. No Party shall be liable or bound to the other Party in any manner with regard to the subjects hereof or thereof by any warranties, representations or covenants except as specifically set forth herein or therein.
- Severability. If any provision of these Terms and Conditions is determined by a court of competent jurisdiction to be invalid, inoperative or unenforceable for any reason, the provision shall be modified to make it valid and, to the extent possible, effectuate the original intent of the Parties as closely as possible in an acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the fullest extent possible.
- Amendment. The Company may modify these Terms at any time by, at its sole discretion, for any reason posting a revised version on the SuperStar App(s) without advance notice to the Users. The modified provisions will become immediately effective upon posting or the date indicated in the posting. It is the User’s responsibility to check the SuperStar App(s) regularly for amendments. The continued use of the SuperStar App(s) after any amendment becomes effective constitutes the User’s acceptance of the amendment.
- No Waivers. The failure by the Company to exercise or enforce any right or provision of these Terms will not constitute a present or future waiver of such right or provision nor limit the Company’s right to enforce such right or provision at a later time. All waivers by the Company must be unequivocal and in writing to be effective.
- No Partnership; No Agency; No Third-Party Beneficiaries. Nothing in these Terms and no action taken by the Parties shall constitute, or be deemed to constitute, a partnership, association, joint venture or other co-operative entity between the Parties. Nothing in these Terms and no action taken by the Parties pursuant to these Terms shall constitute, or be deemed to constitute, either Party the agent of the other Party for any purpose. No Party has, pursuant to these Terms, any authority or power to bind or to contract in the name of the other Party. These Terms do not create any third-party beneficiary rights in any person.
17. Requests and Other Correspondence
- Users may submit to the Company any requests or communication by writing to support@supstar.ai.
18. Governing Law and Jurisdiction
- These Terms shall be governed in all respects, including as to validity, interpretation and effect, by the laws of Switzerland, to the exclusion of the United Nations Convention on Contracts for the International Sales of Goods, and without giving effect to its principles or rules of conflict of laws to the extent such principles or rules are not mandatorily applicable by statute and would permit or require the application of the laws of another jurisdiction.
- Subject to any applicable mandatory law, the courts of Geneva, Switzerland shall have exclusive jurisdiction over any claim arising from or related to the Terms and/or the Website and/or Services provided by the Company.
Last update: November 13, 2024