Welcome to our platform! Before accessing or using our services, please carefully review these Terms of Use ("Terms"). These Terms constitute a legally binding agreement between you and Hush Finance ("Hush Finance," "we," "our," or "us") that governs your access and use of our website, mobile applications, services, tools, crypto wallets, and any other products we may provide (collectively, the "Services").

By using the Services, you affirm that you are at least 18 years old or have reached the age of majority in your jurisdiction, whichever is higher. You also represent that you are not located in a country or territory that is subject to comprehensive sanctions by the United States, United Kingdom, European Union or United Nations (including Cuba, Iran, North Korea, Syria, or the Crimea region of Ukraine). Additionally, you certify that you are not identified as a Prohibited Person on export control or economic sanctions lists maintained by these governments.

If you do not agree to these Terms or the representations above, you may not access or use our Services. We recommend frequently reviewing these Terms and our Privacy Policy as they are subject to change.

Privacy Policy

Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and safeguard information that personally identifies you or your devices when you use our Services. By agreeing to these Terms, you affirm that you have read and understand the terms of our Privacy Policy.

Changes to Terms and Services

We reserve the right to update these Terms periodically by posting the revised version on our website and mobile apps. Using the Services after any update constitutes your agreement to the new Terms. We may also change, suspend, or discontinue all or any part of the Services at any time, with or without providing prior notice to you.

To maintain compatibility and get the latest security enhancements, you may need to download updated versions of any software associated with the Services that we release. These updates may modify or delete certain features and functionalities. Continued use of the Services following any such update or change will signify your acceptance of those changes.

Communications

By providing your email address and using the Services, you consent to receive electronic communications from us relating to your use of the Services. All notices, disclosures, and other communications will be made via email to the address associated with your account, so please ensure it remains current. We may also provide notices through the Services themselves. You agree that all notices received by you electronically satisfy any legal requirements around written communications or deliveries.

User Accounts and Security

To use certain Services, you must create an account with us that allows you to configure a digital crypto wallet. This wallet acts as a secure digital storage location for your blockchain-based assets and cryptocurrency. You are solely responsible for maintaining the security of your wallet credentials and taking reasonable precautions to prevent unauthorized access or use. Do not share your wallet seed phrase, private keys, or other login details with any other party.

If you suspect unauthorized use of your account or wallet, you must notify us immediately by emailing [email protected] and including "Security Breach" in the subject line. We may require additional information to verify your identity before taking action. However, we will not be liable for any loss or damages arising from unauthorized use of your credentials, regardless of whether it was with or without your knowledge or consent.

Be cautious of anyone claiming to be affiliated with or a representative of Hush Finance who contacts you through unofficial channels. Only share personal information through our official website or mobile applications. We will use reasonable efforts to alert you through verified channels of any potential scams, unauthorized impersonators, or security compromises as we become aware of them. However, we cannot be responsible for any loss incurred from reliance on information obtained outside our official channels.

Prohibited Use and Conduct

You agree to use the Services only for lawful purposes in a manner consistent with their intended use. Prohibited activities include:

  • Engaging in illegal activities, including fraud, money laundering, terrorist financing, or intellectual property violations
  • Uploading or distributing content that is hateful, defamatory, abusive, discriminatory, explicit, or obscene
  • Harassing, stalking, or threatening others
  • Attempting to gain unauthorized access to systems, user accounts, or data
  • Disrupting or interfering with the Services through hacking, phishing, malware, or other malicious attacks
  • Impersonating any person or entity, including Hush Finance staff or representatives
  • Using the Services in any manner that could degrade its performance or availability for other users
  • Engaging in multi-level marketing, spam, advertising or marketing activities without our prior consent
  • Violating any applicable laws or regulations through use of the Services

We have the right, but not obligation, to monitor any activity and content associated with the Services. We may investigate any suspected violations of these Terms or misuse of the Services. We may also comply with any binding requests or orders from law enforcement or authorities related to such investigations.

Intellectual Property

We and our licensors own all intellectual property rights associated with the Services, including copyrights, patents, trademarks, trade secrets, proprietary code, and other such proprietary rights. You may not directly or indirectly copy, distribute, modify, translate, reverse engineer, derive source code, create derivative works, or otherwise appropriate or use our intellectual property except as expressly authorized in writing.

The Hush Finance name, logos, designs, phrases and branding are our exclusive trademarks. Using our trademarks without written permission, or taking actions that may cause confusion or dilute our trademarks, is prohibited. Limited non-commercial use of Service elements consistent with these Terms' acceptable use restrictions may be permitted at our discretion.

Third-Party Services

The Services may contain advertisements or links to websites, products, services, or applications operated by independent third parties. We do not assume any obligation or liability relating to your use of, purchase of products or services from, or other interactions with, any such third parties or their offerings.

These third parties have their own terms of use and data collection practices over which we have no control. Any personal data you provide or transactions you engage in with these entities is at your own risk, and we bear no responsibility or liability for these activities. We urge you to review the policies of any third parties before using their services or products.

Where the Services provide functionality for purchasing cryptocurrencies, crypto assets, or related products from third-party providers, your transactions are with those providers directly, not with Hush Finance. We disclaim any responsibility for such transactions and do not act as a party to them or a broker. Your use of third-party services is at your own risk.

Subscriptions and Paid Services

Certain Services or features may only be available through paid subscriptions or on a pay-per-use basis. Any fees or charges will be disclosed to you prior to purchase. Once purchased, paid Services are non-refundable and non-transferrable except where required by law.

If we change the pricing for any paid Services, we will provide reasonable notice of the new pricing and the effective date of the change. Your continued use after the price change goes into effect constitutes your acceptance of the new pricing.

We use third-party payment processors and service providers to facilitate financial transactions related to the Services. You may be required to accept their respective terms and conditions before completing any payment. We do not endorse or exercise control over these providers, who operate independently and use their own standards for payments security and privacy.

Termination of Services

We have the right to terminate or suspend your access to the Services, without prior notice, if we have a good faith belief that you have violated these Terms. We may also terminate your access for any reason, upon reasonable notice to you.

Upon termination, you must cease all use of the Services, including any software provided. We reserve the right to retain or delete any information or data associated with your account as permitted by applicable law. You will remain responsible for any outstanding fees or charges incurred prior to termination.

Following termination or discontinuation of the Services by us, some or all components may cease to operate without prior notice. We disclaim all liability for any resulting damages, liabilities or losses incurred by users.

Disclaimers and Limitation on Liability

The Services, including all content, materials, and information provided or made accessible through them, are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied.

We make reasonable efforts to ensure the Services operate as intended and are free of defects. However, we cannot guarantee that they are or will remain updated, complete, correct or secure, or free of viruses or other harmful components. Your use of the Services is at your own risk.

To the fullest extent permitted by law, we disclaim all warranties or guarantees relating to the Services, whether express or implied. This includes any warranties of merchantability, fitness for a particular purpose, title, non-infringement, security or accuracy. We do not guarantee that the Services will meet your requirements or be uninterrupted, virus-free, or error-free.

Neither Hush Finance nor our employees, directors, service providers, vendors or other third parties involved in providing the Services assume any liability for any computer viruses or other malicious code that may be transferred through the Services or related data transmissions. We accept no responsibility for any harmful consequences resulting from your access, use of, or browsing in connection with the Services.

Please note that cryptocurrencies and crypto assets are volatile and inherently risky. Your access and use of related Services is done solely at your own discretion and risk, with the understanding that you could experience partial or complete loss of value. Nothing within our Services constitutes investment or financial advice of any kind.

Indemnification

You agree to defend, indemnify and hold us, our affiliates, officers, directors, employees, contractors and agents harmless from and against any losses, liabilities, claims or expenses, including reasonable attorneys' fees, arising from or relating to:

(a) your breach or alleged breach of these Terms;

(b) your use, distribution, or public display of materials obtained through the Services;

(c) your violation of any rights of a third party through use of the Services; or

(d) any dispute between you and a third party relating to or arising from use of the Services.

We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree not to settle any matter giving rise to an indemnification claim except by obtaining our prior express written consent.

Governing Law and Dispute Resolution

These Terms and all relations between us shall be governed by and construed in accordance with Croatian law or other regulations of the Republic of Croatia and EU law, without regard to principles of conflicts of laws.

Any dispute arising under these Terms shall be resolved through binding arbitration administered by the London Court of International Arbitration in accordance with its commercial arbitration rules. The arbitration shall be conducted in English, with a sole arbitrator appointed in accordance with rules contained in the Croatia Arbitration Act NN 88/2001 dated 19 October 2001 (Croatian Arbitration Act). The arbitral decision shall be final and binding on the parties.

Notwithstanding the above, we may seek injunctive relief in any court of competent jurisdiction for any actual or alleged intellectual property infringement or unauthorized access to the Services.

General Provisions

These Terms, together with our Privacy Policy and any other policies referenced herein, represent the entire agreement between you and Hush Finance regarding your use of the Services. They supersede any prior or contemporaneous agreements or understandings between us, whether electronic, oral or written.

If any part of these Terms is determined to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable to the maximum extent permitted by law and shall be interpreted and construed to reasonably fulfill the original intent of the provisions.

No amendment or modification of these Terms will be binding unless expressly agreed by us in writing and signed by an authorized representative. Our failure to exercise or enforce any right or provision shall not constitute a waiver of said right or provision.

You may not assign these Terms, by operation of law or otherwise, without our prior written consent. We may freely assign or transfer these Terms, in whole or in part, without restriction.

By using our Services, you affirm that you have read and understand these complete Terms, including the incorporated policies, and agree to be legally bound by them. If you have any questions, please contact us at [email protected].