Terms of Service

Last updated: Sept 9th, 2024

  • 1.Overview

    The HashKey Chain Foundation (the “Foundation”, “we”, “our” or “us”) provides these websites (hsk.xyz , collectively, “Sites”), their features, functionalities, technologies, and certain other products and services (collectively, our “Services”) as identified and further described in these Terms of Service (the “Terms”).

  • 2.Acceptance of Terms

    Your use of our Services is subject to and governed by these Terms. These Terms are the legally binding terms and conditions that govern your use ofthe Service. Please read all of these Terms carefully.

  • 3.Additional Guidelines

    Please note that certain parts and features of the Service may be subject to additional guidelines, terms, or rules, which will be posted on the Sites in connection with such parts and features. All such additional terms, guidelines, and rules, including but not limited to the Privacy Policy, are incorporated by reference into these Terms.

  • 4.Consent to Terms

    By accessing or using the Service, you are accepting these Terms and agree to be bound by these terms. You represent and warrant that you have the willingness, right, authority, and capacity to enter into these Terms (on behalf of yourself and, if applicable, the entity you represent).

  • 5.Changes to Terms

    We reserve the right to change these Terms at any time. All changes are effective immediately when we post them. Your continued use of the Service or any Site following the posting of revised Terms means that you accept and agree to the changes. If you don’t agree to the new Terms, youmust stop accessing or using the Services immediately. Please check this page frequently so you are aware of any changes, as they are binding on you.

  • 6.Changes to the Service

    We reserve the right, at any time, to modify, suspend, or discontinue any Service (in whole or in part) without notice to you. You agree that the we will not be liable to you or to any third party for any modification, suspension, or discontinuation of any Service or any part thereof. We do not undertake or have any obligation to maintain any Service or provide support to you in connection with your use of any Service.

  • 7.Eligibility

    You may only access or use the Service and Sites or accept the Terms if you are an individual of legal age to form a binding contract (or if not, you have received your parent’s or guardian’s permission to use the Service orSite and have gotten your parent or guardian to agree to the Terms on your behalf).

  • 8.Agreement on Behalf of an Organization

    If you are agreeing to the Terms on behalf of an organization or entity, yourepresent and warrant that you are authorized to agree to the Terms on that organization’s or entity’s behalf and bind them to the Terms (in which case, the references to “you” and “your” in the Terms, except for in this sentence, refer to that organization or entity).

  • 9.Dispute Resolution - Mandatory Arbitration

    SECTION 22 OF THESE TERMS CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. YOU ARE AGREEING TO MANDATORY INDIVIDUAL ARBITRATION FOR THE RESOLUTION OF DISPUTES AND WAIVING YOUR RIGHT TO A JURY TRIAL ON YOUR CLAIMS.

  • 10.Limited License

    Subject to the Terms, and your compliance with the Terms, you are herebygranted a non-transferable, non-exclusive, non-sublicensable, personal, revocable, limited license to access and use the Services solely for your own personal, non-commercial use, provided that:

    • You shall not have any right to, and shall not, license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit any Service, whether in whole or in part, or any content accessible on any Service;
    • You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of any Service.

  • 11.User Conduct

    You agree that you will use the Service, in a manner that:

    • comply with any applicable law, rule or regulation (collectively, “Law”), including, without limitation, any applicable sanctions Laws, export control Laws, securities Laws, anti-money laundering Laws, ordata protection Laws, export control Laws, securities Laws, anti-money laundering Laws, ordata protection Laws;
    • complies with the Terms;
    • protect your account information and credentials. Notify us immediately of any unauthorized use or security breaches;
    • avoid harassment, abuse, or any harmful behavior towards others;
    • do not engage in hate speech, discrimination, or offensive content;
    • provide accurate and truthful information, and do not misrepresent your identity or affiliations;
    • avoid distributing malware, viruses, or harmful code;
    • do not attempt to hack, disrupt, or interfere with our systems or Services;
    • use the Services as intended and avoid excessive or disruptive usagethat may harm others' experience;
    • respect intellectual property rights and do not infringe on copyrights,trademarks, or other proprietary rights; and
    • do not engage in transactions with Prohibited Persons or entities under applicable sanctions laws.

  • 12. Decentralized Nature of HashKey Chain

    HashKey Chain is public, permissionless, and runs on open-source self-executing smart contracts.

  • 13.Web3 Wallet Usage

    To access and use the Service, you must use non-custodial wallet software(a “Web3 wallet”), which constructs and broadcasts the data (“transactions”) that allows you to interact with us. By using your Web3 wallet, you agree that you are using the Web3 wallet under the terms and conditions of the applicable provider of the Web3 wallet. No Web3 wallet iscreated by, operated by, maintained by, or affiliated with us. Accordingly, we do not have custody or control over the contents of your Web3 wallet and we have no ability to retrieve or transfer its contents.

  • 14.Representations, Warranties, and Covenants

    By using the Service, you represent, warrant, and covenant that:

    • neither you, nor any of your affiliates, nor, as applicable, any director, officer, employee, shareholder, agent, or representative of you or any of your affiliates is or shall become a Prohibited Person;
    • you, your affiliates, and, as applicable, your directors, officers, employees, agents, and representatives and those of your affiliates are and have been in full compliance with Export Controls and Sanctions Laws, and shall not directly or indirectly engage in or facilitate any transaction, act, dealing, or practice in the use of the Service or otherwise in connection with these Terms that could causeany party to these Terms to violate or be subject to penalty or any other adverse consequences under any Export Controls and Sanctions Laws;
    • you shall immediately cease using the Service or the Site (i) in the event that you, any of your affiliates, or, as applicable, any of your directors, officers, employees, shareholders, agents, or representatives or those of your affiliates becomes a Prohibited Person; or (ii) of any other changes to or noncompliance with any representation, warranty, or covenant provided herein;
    • you shall fully cooperate with us in responding to any internal or government inquiry, investigation, or audit concerning compliance with Export Controls and Sanctions Laws in connection with these Terms;
    • If you, your affiliates, or, as applicable, any of your directors, officers,employees, shareholders, agents, or representatives or those of youraffiliates becomes a Prohibited Person at any time in which you are using the Service or Sites, or if performance under these Terms otherwise becomes unlawful or may, in our sole discretion, we may, in its sole discretion, reject and block any transaction or your access to the Service and Sites and any interests in property, or terminate, cancel, or suspend in whole or in part the Service, without any liability of us to you.

    For purposes of this Section:

    “Export Controls and Sanctions Laws” means all applicable export control and economic sanctions laws and regulations imposed, administered, or enforced from time to time by (i) the U.S. government, including the Export Administration Regulations, the International Traffic inArms Regulations, and the trade and economic sanctions regulations administered by the U.S. Department of Treasury’s Office of Foreign AssetsControl (“OFAC”); and (ii) the United Nations Security Council, the European Union, any European Union member state, the United Kingdom, and any other applicable governmental authority;

    “Prohibited Person” means (i) any individual, entity, or wallet address that has been determined by competent authority to be the subject or target of any prohibition or restriction under Export Controls and SanctionsLaws, including but not limited to those listed on the OFAC Specially Designated Nationals and Blocked Persons List or Consolidated Sanctions List, the Denied Persons List, Entity List, Unverified List, or Military End User List of the U.S. Department of Commerce, or the Debarred List or Nonproliferation Sanctions List of the U.S. Department of State; (ii) the government, including any political subdivision, agency, or instrumentalitythereof, of any Sanctioned Jurisdiction or Venezuela; (iii) any individual or entity located, organized, operating, or residing in any Sanctioned Jurisdiction; (iv) any individual, entity, or wallet address that has been identified on the OFAC Specially Designated Nationals and Blocked Persons List or Consolidated Sanctions List, or designated on any similar list or order published by the U.S. government or any other applicable governmental authority; and (v) any individual, entity, or wallet address owned or controlled by, or that acts for or on behalf of, any of the foregoing; and

    “Sanctioned Jurisdiction” means, at any time, any country, region or territory which is itself the subject or target of comprehensive economic sanctions or embargoes under Export Controls and Sanctions Laws, including, without limitation, Cuba, Iran, North Korea, Syria, the Crimea region of Ukraine, and the so-called Donetsk People’s Republic and Luhansk People’s Republic regions of Ukraine.

  • 15.No Fiduciary Duty

    You acknowledge and agree that: (a) these Terms are not intended to, and do not, create or impose any fiduciary duties on us; (b) we owe no fiduciary duties or liabilities to you or any other party.

  • 16.Intellectual Property

    Unless expressly set forth otherwise in these Terms, you acknowledge thatall the intellectual property rights, including copyrights, patents, trademarks, and trade secrets in the Services and the content contained therein, are owned by us. Neither these Terms (nor your access to the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except indicated otherwise.

  • 17.Third-Party Products

    The Service and Sites contain references, links, and enables you to connect to third-party resources including (but not limited to) Web3 wallets, non-standard bridges, applications (including dApps), and other information, materials, products, or services, which we do not own or control (collectively, “third-party products”). We do not approve, monitor, endorse, make any representations or warranties (expressly or implicitly) or assume any responsibility for any third-party products, any component thereof, or the manner in which those products or components interact with the Service or any Sites. When you use or rely on any third-party products, you do so at your own risk. You understand that you are solely responsible for any fees or costs associated with using third-party products and that, unless stated herein, the Terms do not otherwise apply to your dealings or relationships with any third parties or third-party products. We will not have any liability or responsibility with respect to any Third-Party Product.

  • 18. Indemnification

    To the fullest extent permitted by applicable Law, you agree to indemnify, defend and hold harmless us, as well as its affiliates and its and their respective service providers, licensees, sublicensees, users, and contractors, and each of its and their respective past, present and future officers, directors, members, employees, consultants, representatives, agents, and users, and each of their respective successors and assigns (allof the foregoing, collectively, the “Indemnified Parties”) from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, taxes, penalties, interest, fees, expenses (including, without limitation, 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 known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort,contract or otherwise (collectively, “Claims”) that are caused by, arise out of or are related to: (a) your use of the Services; (b) your violation of theseTerms or applicable Law; (c) your violation of the rights of a third party; and (d) your fraud, negligence or willful misconduct. You agree to promptly notify the us of any third-party Claims you become aware of and cooperate with the Indemnified Parties in defending such Claims. You further agree that the Indemnified Parties shall have the right to control the defense or settlement of any third-party Claims, if they so choose.

  • 19. Limitation of Liability

    TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY INDEMNIFIED PARTY BE LIABLE TO YOU OR TO ANY OTHER PERSON WITH RESPECT TO A SERVICE (INCLUDING WITHOUT LIMITATION ANY ASSOCIATED SMART CONTRACTS, OPTIMIST NFTS, PFPS, OR ATTESTATIONS) FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS, MISDIRECTION OR INACCESSIBILITY OF DIGITAL ASSETS, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION; (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE-HUNDRED ($100) DOLLARS; OR (D) ANY MATTER BEYOND THE REASONABLE CONTROL OF US. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

  • 20.Governing Law and Jurisdiction

    These Terms are governed by and will be construed under the laws of Hong Kong, excluding its body of law controlling conflict of laws. You agreethat the Service and Sites shall be deemed to be based solely in Hong Kong, and that although the Service and Sites may be available in other jurisdictions, their availability does not give rise to general or specific personal jurisdiction in any forum outside Hong Kong. You agree that any judicial proceeding will be brought in the courts located in Hong Kong.

  • 21.Severability

    If any part or parts of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such part or parts shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

  • 22.Arbitration

    You agree that any dispute, controversy, difference or claim arising out of or relating to these Terms or to any aspect of your relationship with us, including the validity, interpretation, performance, breach or termination of these Terms, or any dispute regarding non-contractual obligations arising out of or relating to them shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration (as defined therein) is submitted in accordance with those rules, which rules are deemed to be incorporated by reference to this Section and as may be amended by this Section. The arbitration tribunal shall consist of three arbitrators. The official language of the arbitration shall be English and the seat of the arbitration shall be inHong Kong. The award of the arbitration tribunal shall be final and binding upon the parties to the arbitration. The arbitration agreement constituted by this Section shall be governed by and construed in accordance with thelaws of Hong Kong. Any party hereto to an award may apply to any court of competent jurisdiction for enforcement of such award and, for purposesof the enforcement of such award, the parties irrevocably and unconditionally submit to the jurisdiction of any court of competent jurisdiction and waive any defences to such enforcement based on lack of personal jurisdiction or inconvenient forum.YOU AGREE THAT YOU WILL NOT BRING, JOIN, OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT AGAINST US.

  • 23.Data Privacy

    HashKey Chain is committed to protecting your privacy. Please refer to ourPrivacy Policy for details on how we collect, use, store, and protect your personal information.

  • 24.Security

    HashKey Chain implements industry-standard security measures to protect your data and assets. These measures include robust encryption protocols, multi-factor authentication, cold storage for critical assets, regular third-party security audits, and advanced intrusion detection systems. However, no website or online service can guarantee complete security. You are responsible for safeguarding your Web3 wallet and its contents.

  • 25.Termination

    We may terminate your access to the Services at any time, without prior notice, for any reason, including but not limited to:

    • Violation of these Terms;
    • Violation of applicable laws or regulations;
    • Engaging in fraudulent or illegal activities;
    • Failure to comply with our security requirements;
    • Inactivity for an extended period.

  • 26.Contact Information

    If you have any questions, comments, or concerns regarding these Terms or the Services, you may send an email to [email protected]