Terms of service

Last Updated: January 18, 2023

By downloading HashPack, accessing the HashPack app through the site and/or browsing the website, you acknowledge that:

• (1) any use of HashPack is subject to these Terms of Service;
• (2) you have carefully read, understand and agree with these Terms of Service;
  
• (3) you are of legal age and you are able to form legally binding contracts.
  

If you don’t agree with the Terms of Service (“Terms”), you can not use HashPack. HashPack reserves the right to modify these Terms at any time and at our sole discretion. In case of any changes, we will change the date of the last update at the beginning of these Terms. Please check this page regularly for updates.

1. Parties

1.1. This agreement is between you ( ‘You’ or ‘Your’) and HashPack.
HashPack is a Wallet Application which consists of a set of desktop, web and mobile applications (‘Software’) and website https://www.hashpack.app/. All of the services provided by HashPack we identify in this document as ‘Services’

1.2. It’s your own responsibility to read the Terms of Service carefully before you start to use HashPack.

2. Definitions and services offered

HashPack is a wallet application which consists of:
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2.1. Hedera wallet service
HashPack has created means for users to access and transfer ownership of virtual currency tokens (‘Cryptocurrency’), such as HBAR. By entering into this agreement You will receive a license to use any of the HashPack Applications. You should only use the HashPack Application if you are familiar with cryptocurrencies. We highly recommend learning the basics of HBAR and the Hedera network before running the application.

2.1.1. You own your private keys
HashPack does not store Your private keys, backup phrases or passwords (“Private Information”) on it’s servers. It is very important that You backup and save your Private Information. We urge you to write down your backup phrase and store it offline in two different places. If You lose Your Private Information, it will not be possible for HashPack to recover it for You and You may lose access to Your Virtual Currencies. HashPack don’t have access to your wallet, your funds, your transactions or any other information. If You do not understand the above paragraph then we strictly recommend that You learn more about Virtual Currencies before using the HashPack Application. If you do not maintain a backup of your HashPack data outside of the Services, you will not be able to access the Virtual Currency associated with your Wallet.

2.1.2. Transactions
The only authentic record of Virtual Currency transactions is from Hedera mainnet nodes. HashPack provides functionality that allows You to send Virtual Currency transfer instructions. HashPack does not guarantee that Your transactions will be delivered, because Your transaction from HashPack Applications shall be added and stored on the Hedera network. There may be transaction fees associated with HBar transactions. HashPack shall not be responsible for any losses You incur due to transaction fees or losses that occur due to incorrectly set transaction fees (i.e. too low or high). HashPack does not have access to Your transactions (or anyone else’s).

2.1.3. No control over blockchains
HashPack is not the creator of and does not have any control over any of the Virtual Currencies that the HashPack Application allows You to use. Your balance and actual transaction history are supported by Hedera mirror nodes. All fees are determined by the Hedera network, HashPack has no control over their amount.
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2.1.4. Service fees
HashPack may charge fees for usage of specific services within the HashPack Application. Fees will be summarized in the approval screen prior to submission of a transaction. By approving or submitting a transaction You agree to pay all associated fees, including but not limited to, HashPack fees, Network fees, third party fees.

3. Your obligations

You shall:

• be of the age of majority in Your local jurisdiction; and,
• be responsible for Your own Virtual Currency; and,
  
• backup/write down Your Private Key and Backup Phrase and keep it private; and,
  
• carefully guard Your Private Keys and Backup Phrase; and
  
• ensure that Your device(s) are fully updated and do not contain viruses, malware or otherwise malicious software.
  

You shall not:

• violate any laws when using HashPack Applications; or,
• circumvent or attempt to circumvent the security measures HashPack uses to protect other accounts, computer systems, or networks connected to the HashPack application; or,
  
• deposit Virtual Currency into addresses for tokens and/or coins that are not supported by the HashPack Application; or,
  
• Use HashPack in a manner likely to infer with other HashPack users or virtual currency nodes (e.g. excessive API calls or network spam);
  

4. Limited intellectual property license

This agreement licenses HashPack services to You on a personal, non-exclusive, royalty-free, non-transferable, worldwide-basis, for the purpose of managing virtual currencies. You are not permitted to redistribute any of HashPack Services, modify any code or use any HashPack content, including images and text, as part of any other software or project of any kind.

5. Third party services

5.1. Third party service agreement
The HashPack Website, Services and App may contain links to Third-Party Services (including, without limitation, dApps), and may leverage or plug into such Third Party Services to enable certain features, such as the In-Wallet Token Swap. When using a dApp or other Third Party Services, you understand that you are at no time transferring your assets to us. We provide access to Third Party Services only as a convenience, do not have control over their content, do not warrant or endorse, and are not responsible for the availability or legitimacy of, the content, products or services on or accessible from those Third Party Services (including any related website, resources or links displayed therein). We make no warranties or representations, express or implied, about such linked Third Party Services, the third parties they are owned and operated by, the information contained on them or the suitability of their products or services. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party website, applications, or resources.

You may be able to link your Wallet to your accounts on third-party platforms, sites and services, to enable access to such accounts from your Wallet. In doing so, you understand and agree that all transactions made when accessing such accounts from your Wallet are subject to these Terms and to the terms of use, privacy policies, and other terms, conditions and policies imposed by the providers of such third-party sites, services and platforms.

5.2. Third party application submissions
If you are a developer looking to add your application to HashPack, please fill out this form with the required information. New application submissions will be tested and reviewed for compatibility and quality. Submissions are not a guarantee that we will feature your application on HashPack. We reserve the right to approve, deny, add, or remove any application listing without warning from the HashPack wallet at our sole discretion.

6. Specifically disclaimed risks

Using Virtual Currency software necessarily entails many risks. HashPack specifically disclaims and shall have no liability to You for the following risks:

• operating system failures (mobile or desktop); and,
  
• interactions between Your hardware, software, and the HashPack application; and,
  
• cloud backup software (e.g. certain Android distributions) may upload your private information to third party services; and,
  
• malware, viruses or other malicious software on Your device that is able to take control of or interfere with HashPack; and,
  
• communication delays between Your HashPack Application and a node or relay service for a virtual currency (and vice versa); and,
  
• failure to achieve a certain market value/price for a virtual currency token, whether through a third-party service or any other kind of transaction; and, theft of virtual currency tokens; and,
  
• software or actions taken to jailbreak or root your device, which may compromise the function or security of HashPack.
  

7. No warranty

HashPack is provided to You at no cost, “as-is ” and without any warranty whatsoever, to the maximum extent permissible by law. Without limiting the generality of the foregoing, HashPack does not warrant that HashPack is fit for Your purpose, even if You have previously provided notice of Your intended purpose, and does not warrant that HashPack will operate in a bug-free manner.

8. Limitation of liability

IN NO EVENT WILL HASHPACK BE LIABLE TO YOU FOR: ANY LOST PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER OR NOT HASHPACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY ASSERTED, WHICH HAVE RESULTED FROM: (I) YOUR USE OF, OR CONDUCT IN CONNECTION WITH, OUR SERVICES; (II) ANY UNAUTHORIZED USE OF YOUR WALLET ADDRESS AND/OR PRIVATE KEY DUE TO YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY OF YOUR WALLET; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT ARE FOUND IN HASHPACK SOFTWARE OR THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION).

9. Cap on liability

UNDER NO CIRCUMSTANCES WILL HASHPACK BE LIABLE TO YOU FOR DAMAGES ARISING OUT OF THE SERVICES EXCEEDING $50.

10. Indemnity

You agree to indemnify HashPack against any claims, damages, losses or legal fees incurred due to Your use (or misuse) of HashPack.

11. Non-waiver

No action or inaction on the part of HashPack shall be considered a waiver of any right or obligation by HashPack.

12. Amendment

This agreement may be amended by HashPack by providing You with 30 days’ notice of any proposed change. If You do not agree to the amended terms then Your sole remedy shall be to cease using Services of the website.

13. Assignment

You may not assign this agreement. HashPack may assign this agreement to 11 days’ notice.

14. Discontinuance of services

We may, in our sole discretion and without cost to you, with or without prior notice, and at any time, modify or discontinue, temporarily or permanently, any portion of our Services. You are responsible for storing outside of the Software Your 24-word backup phrase. Saving your backup phrase and private keys pairs associated with your HashPack will allow you to access the network and your funds at any place and time. This backup will allow You to fully restore Your HashPack Wallet at any time without cost or loss of the Virtual Currency. HashPack shall not be held responsible or liable for any loss of Virtual Currency in the event that we discontinue or deprecate the Services.

15. Entire agreement

This is the entire agreement between the parties and supersedes any other agreement, representations (or misrepresentations), or understanding, however, communicated.