Terms of Service

Last Updated: March 19, 2025

By downloading, accessing, or using HashPack (including the HashPack app, website at https://www.hashpack.app, or related services), you acknowledge that:

• (1) Your use of HashPack is subject to these Terms of Service ("Terms");
• (2) You have carefully read, understand, and agree to these Terms;
  
• (3) You are of legal age in your jurisdiction and capable of forming legally binding contracts.
  

If you do not agree with these Terms, you may not use HashPack. HashPack reserves the right to modify these Terms at its sole discretion. Any changes will be reflected by updating the "Last Updated" date above. Please review this page regularly for updates. Continued use of HashPack after changes constitutes acceptance of the revised Terms.

FOR UNITED STATES USERS, THIS AGREEMENT IS SUBJECT TO AN ARBITRATION PROVISION (Section 10).

1. Parties

1.1. This agreement is between you ( ‘You’ or ‘Your’) and HashPack.
HashPack is a wallet application providing desktop, web, and mobile applications ("Software") and the website https://www.hashpack.app (collectively, "Services").

1.2. It is your responsibility to read these Terms carefully before using HashPack.

2. Definitions and Services Offered

HashPack is a wallet application that enables users to manage virtual currency tokens ("Cryptocurrency"), such as HBAR, on the Hedera network. By agreeing to these Terms, you receive a personal, non-exclusive, royalty-free, non-transferable, worldwide license to use the HashPack Software for managing Cryptocurrencies.

2.1. Hedera Wallet Service

• HashPack allows you to access and transfer Cryptocurrency ownership. You should only use HashPack if you are familiar with Cryptocurrencies. We recommend learning the basics of HBAR and the Hedera network before use.

2.1.1. You Own Your Private Keys

• HashPack does not store your private keys, backup phrases, or passwords ("Private Information") on its servers.
• You are responsible for backing up and securely storing your Private Information (e.g., writing down your backup phrase and storing it offline in two separate locations).
• If you lose your Private Information, HashPack cannot recover it, and you may lose access to your Cryptocurrencies. HashPack has no access to your wallet, funds, transactions, or related data.
• If you do not understand this, we recommend learning more about Cryptocurrencies before proceeding.

2.1.2. Transactions

• The Hedera mainnet nodes provide the only authentic record of Cryptocurrency transactions. HashPack enables you to send transfer instructions but does not guarantee delivery, as transactions are processed and stored on the Hedera network.
• Transaction fees may apply (e.g., for HBAR transactions). HashPack is not responsible for losses due to fees or incorrectly set fees (e.g., too low or too high).
• HashPack does not have access to your transactions.

2.1.3. No Control Over Blockchains

• HashPack does not create or control the Cryptocurrencies or blockchains (e.g., Hedera network) it supports. Your balance and transaction history are maintained by Hedera mirror nodes. Fees are set by the Hedera network, not HashPack.

2.1.4. Service Fees

• HashPack may charge fees for specific services within the Software (e.g., a fee for in-wallet token swaps). Fees will be displayed on the approval screen before transaction submission. By approving a transaction, you agree to pay all associated fees (e.g., HashPack fees, network fees, third-party fees).

3. Your Obligations

You shall:

• Be of the age of majority in your jurisdiction;
• Be responsible for securing and managing your Cryptocurrencies;
  
• Backup and safeguard your Private Information (e.g., private keys and backup phrases);
  
• Ensure your devices are updated and free of viruses, malware, or malicious software.
  

You shall not:

• Violate any laws while using HashPack;
• Attempt to circumvent HashPack’s security measures or interfere with other users or nodes (e.g., excessive API calls or network spam);
  
• Deposit Cryptocurrencies into unsupported token or coin addresses;
  
• Use HashPack in a manner that disrupts its Services.
  
• License, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or HashPack Content, or any portion thereof, including on a service bureau or equivalent basis;
  
• Frame or enclose any trademark, logo, or other HashPack Content, (including images, text, page layout or form);
  
• Use any metatags or other “hidden text” using HashPack’s name or trademarks;
  
• Modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services or Software (except to the extent this restriction is expressly prohibited by applicable law);
  
• Use any manual or automated software, devices or other processes (including spiders or other data mining tools) to “scrape” or download data from any web pages in the Site (except that we grant operators of public search engines revocable permission to do so for the sole purpose of creating publicly available searchable indices (but not caches or archives) of such content;
  
• Access the Site, Services, or Software in order to build a similar or competitive Site, Services, or Software;
  
• Copy, reproduce, distribute, republish, download, display, post or transmit any HashPack Content except as expressly permitted herein; and
  
• Remove or destroy any copyright notices or other proprietary markings contained on or in the Services or HashPack Content. HashPack, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Services terminates the licenses granted by HashPack herein.
  

4. Limited Intellectual Property License

• HashPack grants you a personal, non-exclusive, royalty-free, non-transferable, worldwide license to use its Services for managing Cryptocurrencies.
• You may not redistribute, modify, or use HashPack’s code, content (e.g., images, text), or Services in any other software or project.
  

5. Third-Party Services

5.1. Third-Party Service Agreement

• HashPack may integrate with or link to third-party services (e.g., dApps, In-Wallet Token Swap). These are provided for convenience only. HashPack does not control, endorse, or guarantee the availability, legitimacy, or security of third-party services or their content.
• You assume all risks arising from your use of third-party services. HashPack makes no guarantees about these services or their operators.
• Linking your wallet to third-party platforms is subject to both these Terms and the third party’s terms, policies, and conditions.

5.2. Third-Party Application Submissions

• Developers may submit applications for inclusion in HashPack via a designated form. Submissions are reviewed for compatibility and quality but are not guaranteed inclusion. HashPack reserves the right to approve, deny, add, or remove applications at its sole discretion without notice.

6. Specifically Disclaimed Risks

HashPack is not liable for risks inherent to Cryptocurrency software, including:

• Operating system or hardware failures;
  
• Interactions between your devices and HashPack;
  
• Cloud backups uploading Private Information to third-party services;
  
• Malware, viruses, or malicious software on your device;
  
• Communication delays between HashPack and blockchain nodes;
  
• Theft of Cryptocurrencies;
  
• Failure to achieve desired market value for Cryptocurrencies;
  
• Social engineering scams;
  
• Phishing attacks;
  
• Security issues from jailbreaking or rooting your device.
  

7. No Warranty

7.1. As Is.
THE SOFTWARE, SITE, SERVICES, AND ANY INFORMATION DISPLAYED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND HASHPACK EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE,SERVICES, SOFTWARE, OR ANY INFORMATION DISPLAYED THEREIN,INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT, TO THE EXTENT ALLOWED BY APPLICABLE LAW, ALL RISK OF USE OF THE SITE, SERVICES, AND SOFTWARE RESTS ENTIRELY WITH YOU.

‍7.2. Beta Releases.
FROM TIME TO TIME, HASHPACK MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES, WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT HASHPACK’ SOLE DISCRETION.

‍7.3 Third Party Conduct.
HASHPACK IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD HASHPACK LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON OR ACCESSED VIA THE SOFTWARE, SITE, OR SERVICES, INCLUDING THE USE OF THIRD-PARTY API PROVIDERS’S SOFTWARE AND OR SERVICES. THE RISK OF INJURY FROM USE IS BORNE BY YOU.

8. Limitation of Liability

8.1. General Limitation

HashPack and its affiliates, providers, licensors, distributors, or suppliers ("HashPack Parties") are not liable for:

• Lost profits, revenue, data, or business opportunities;
• Indirect, incidental, special, consequential, or punitive damages;
• Damages from loss of use, business interruption, or procurement of substitute goods/services;
• Losses due to:
  (i) Your use or misuse of HashPack;
  (ii) Unauthorized use of your wallet due to failure to secure Private Information;
  (iii) Service interruptions;
  (iv) Bugs, viruses, or similar issues in HashPack or transmitted via third parties.
  This applies even if HashPack was advised of potential damages, regardless of the legal theory.

8.2. Cap on Liability

HashPack’s total liability is limited to the lesser of: (1) fees you paid for the relevant Service in the 12 months prior to the breach, or (2) $50.

8.3. Legal Exemptions

If you are exempt from certain liabilities (e.g., UN immunities), those obligations do not apply to you under these Terms.

9. Indemnity and Disclaimers

You agree to indemnify and hold harmless the HashPack Parties from any claims, losses, damages, fines, costs, or legal fees arising from:

• Your unlawful or unauthorized use of HashPack;
• Your violation of these Terms.

The Services may incorporate, or may provide access to, applications or materials that are hosted by or allow users to transfer custody to another party (“Third-Party API Providers, including, but not limited to:

• Crypto assets, such as HBAR and PACK;
• Cryptocurrency exchanges and onramps (for fiat-to-token and token-to-token exchanges), such as Banxa (banxa.com), Bibox (bibox.com), Binance (binance.com), Bitget (bitget.com), Bittrex (bittrex.com), Bybit(bybit.com), C14 (c14.money), Coinbase (coinbase.com), Crypto.com (crypto.com), Gate.io (gate.io), Huobi(htx.com), Kraken (kraken.com), KuCoin (kucoin.com), Let's Exchange (letsexchange.io), Let's Exchange(lets.exchange), MEXC Global (mexc.com), MoonPay (moonpay.com), OKX (okx.com), SaucerSwap(saucerswap.finance), Uphold (uphold.com,
• Information providers (for price data, market data, and other relevant information), such as Coingecko (coingecko.com), Coinmarketcap (coinmarketcap.com), and DEX Screener (dexscreener.com); and
• Other third-party services such as Altlantis (altlantis.io), Bonzo Finance (bonzofinance.com), Citadel Wallet (citadelwallet.com), D'CENT Wallet (dcentwallet.com), Hashport (hashport.network), Ledger Wallet (ledger.com), Magic Link (magic.link), Memejob.fun (memejob.fun), SentX (sentx.io), Stader (staderlabs.com), Tierbot (tierbot.xyz), (collectively, “Third Party Services'').
• HashPack is not responsible for any loss of funds resulting from any other third party integrations, services, or smart contracts.
• You understand and agree that all cryptocurrency exchanges and information provided through the Services are executed by Third Party Service providers, and that HashPack does not itself directly exchange virtual currencies or provide data on prices.
• You also understand and agree that access to Third Party API Providers may be geo-blocked for residents of certain countries and certain states of the United States. There can be no assurance that any security measures that we or our third-party service providers have implemented will be effective against current or future security threats.
• Buying, selling, and exchanging Cryptocurrencies have inherent risk. HashPack is not a broker or broker-dealer, as those terms are defined in the Securities Exchange Act of 1934 and applicable regulations, and does not have control over the value, price, or availability of any Cryptocurrency.
• While we take steps in an effort to protect the security of our platform and the availability, integrity, confidentiality and security of our data, our security measures or those of our third-party providers could fail and result in unauthorized access to or use of our platform or unauthorized, accidental or unlawful access to, or disclosure, modification, misuse, loss or destruction of, our or our customers’ data.
• While we strive to provide users with accurate and real-time information on digital asset prices and other relevant market data, we do not guarantee the accuracy of information provided by third party information providers. We strongly recommend users verify any information, including but not limited to pricing information, before relying on this information for decisions of any kind. The information is provided by and belongs to the individual information providers and we assume no ownership or any liability over any such information. Furthermore, as a condition of using the Services, you agree that we shall assume no liability for any decisions made by you or any other users based on this information.
• You understand and acknowledge that private keys may be compromised if customers choose to store their private keys in non-secure systems, such as third-party email services, which may be susceptible to security breaches and security incidents, despite our efforts to discourage our customers from engaging in these practices. Although such incidents are outside of our control and do not relate to any insecurity or vulnerability on the part of the HashPack Platform, customers may nevertheless blame or become dissatisfied with the HashPack Platform as a result of these negative experiences. Neither HashPack, nor any of our Third-Party API Providers will ever ask you to share any credential, private key, or other sensitive information with us or them.
• Do not share any credential, private key, or other sensitive information with any third party without validating their legitimacy.
• Third Party API Providers are available to you, subject to the terms and conditions of each third party provider. To the extent Third Party API Providers have terms that differ from these Terms, you may be required to agree to those terms in order to access their Software, Site, or Services.
• We do not control the terms, policies, or performance of any third party, and are not responsible for any performance, or failure to perform, or loss of funds of any Third Party Software, Site, or Services, including pricing information, exchange rates, processing of transactions, third party custody service and similar activities. We do not provide customer support for transactions performed on Third-Party API Provider’s Software, Site, or Services. When you leave the HashPack software and access the third-party's software, their Terms of Service govern the transaction. You understand and acknowledge that all transactions you initiate with any of our third-party providers are final and HashPack will not be responsible for any refunds.

HashPack may assume defense of any claim at its discretion and expense. You agree to cooperate in such defense.

10. Disputes

10.1. Informal Resolution

Before pursuing formal dispute resolution, you and HashPack will attempt to resolve disputes informally within 60 days of a written Notice of Claim. This includes a personal meeting (via phone or video) with you and a HashPack representative. Counsel may participate, but both parties must engage in good faith. Filing deadlines are tolled during this period.

10.2. Arbitration and Small Claims (U.S. Customers)

• Disputes not resolved informally will be settled by binding arbitration or small claims court (District Court of North Carolina, Wake County).
• Arbitration is governed by the U.S. Federal Arbitration Act, waiving jury trials and class actions.
• To initiate arbitration, send a Notice of Claim to HashPack’s registered agent (details TBD). The American Arbitration Association (AAA) will conduct arbitration under its rules (www.adr.org), with hearings in Wake County, North Carolina, unless otherwise agreed.
• The arbitrator will be selected by consensus of the Parties. If the parties do not agree on an arbitrator, one will be selected at random from a list of available arbitrators within Wake, Durham, or Orange counties, North Carolina.
• The arbitrator will issue a reasoned decision. Fees follow AAA rules, with HashPack reimbursing your initial filing fee (unless frivolous).
• Small claims court is an alternative if eligible. Either party may elect it, and AAA will close any arbitration accordingly.

10.3. Class Action Waiver

Claims must be individual, not class or representative actions. If this waiver is unenforceable, the entire Disputes section is void.

11. General Terms

11.1. Governing Law

North Carolina law and the Federal Arbitration Act govern these Terms and disputes, excluding conflict of laws rules. The UN Convention on Contracts for the International Sale of Goods does not apply.

11.2. Compliance with Global Trade Laws

You may use HashPack only under U.S. and applicable local laws. It may not be exported to U.S.-embargoed jurisdictions (e.g., Cuba, Iran, North Korea, Syria, Crimea, DNR/LNR, Russia) or used by restricted parties (e.g., U.S. Treasury’s SDN list).

11.3. Government End Users

Software is a "commercial item" (FAR 2.101). U.S. Government rights are limited to those in these Terms (FAR 12.212, DFARS 227.7202).

11.4. Amendment

HashPack may amend these Terms with 30 days’ notice. If you disagree, your remedy is to stop using HashPack.

11.5. Assignment

You may not assign these Terms. HashPack may be assigned reasonable notice.

11.6. Discontinuance of Services

HashPack may modify or discontinue Services at any time without notice or liability. You are responsible for backing up your Account Recovery Information, Seed Phrases, and Private Keys to restore your wallet elsewhere if Services end.

11.7. Non-Waiver

HashPack’s inaction does not waive any rights or obligations.

11.8. Entire Agreement

These Terms constitute the full agreement between you and HashPack, superseding prior agreements or representations.