HAVAH TERMS OF SERVICE
The HAVAH Terms of Service (hereinafter the “Terms”) stipulate the rights and obligations between the service provider Web3 Solutions (hereinafter the “Company”) and its members.
By using the HAVAH Services, the member is deemed to have fully understood and agreed to these Terms. If a member does not have the legal capacity to use the HAVAH Services or they do not agree to the Terms, they must stop all acts of accessing or using the HAVAH Services.
When using the HAVAH Services, the member agrees that all services may be suspended or changed at any time according to the HAVAH Blockchain network, technology, environment and all other circumstances. By using HAVAH Services, the member is deemed to have agreed to the content set forth in these Terms.
2. Definition of Terms
The terms and their definition are as followed:
“HAVAH Services” refer to each of the following services provided by the HAVAH Platform (www.havah.io), HAVAH Scan (scan.havah.io), and HAVAH Wallet (Chrome Extension). In the Terms, they are collectively referred to as HAVAH Services (hereinafter referred to as “Services”).
The HAVAH Platform is a platform service that allows NFTs to be used in a multitude of ways without restrictions on the network for the purpose of building a future where NFTs can be freely used. The HAVAH Platform refers to the entire blockchain-based service provided by the Company, including HAVAH Scan and HAVAH Wallet.
HAVAH Scan is a search tool that allows members to search all activities and information occurring on the HAVAH blockchain.
HAVAH Wallet (hereinafter “Wallet”) is an online digital wallet based on blockchain technology provided by the Company. It is used to store encrypted Private Key and Public Key used for management, transaction, and exchange of members’ digital assets through desktop PC and website, and is used for transaction and exchange services on the HAVAH Platform.
“Member“ refers to a person who uses HAVAH Services by joining the HAVAH Platform with their email or social media account.
“NFT (Non-fungible Token)“ refers to a non-fungible token that is distinguished from other tokens, and certain items may be provided as NFTs through HAVAH Services.
“HAVAH Coin (HVH)” refers to the native currency that can be used for purchase or exchanged for tokens of other services on the HAVAH Platform.
“HAVAH Blockchain Network” (hereinafter “HAVAH Blockchain”) refers to a blockchain that operates on the node network owned by the Company or by members participating in the makeup of the ecosystem. Further information on the Company’s blockchain and its traits are defined in a separate technical document (WHITE PAPER, https://docs.havah.io/havah/ ).
“Public Key” refers to a code (random combination of numbers and text) set in the HAVAH Wallet account. When transferring blockchain assets through HAVAH Wallet, it serves as the address where the assets will ultimately arrive. There is no separate right to sign.
“Private Key” refers to a code (random combination of numbers and text) that matches 1:1 with a HAVAH Wallet account, and is an important key that processes all signatures of HAVAH Wallet. Since the “Private Key” has the right to sign, it can be used by a third party when disclosed and requires special attention in its management.
“HAVAH Planet” is an important component of the HAVAH network, and performs roles that the HAVAH blockchain node cannot directly perform, such as interchain message delivery or NFT resource storage. Furthermore, HAVAH Rewards will be given as compensation for performing these roles. Purchasers of HAVAH Planets will receive an NFT that can show their ownership of the Planet.
“HRC Standard” is an abbreviation of Havah Request for Comment and refers to the standard of HAVAH Blockchain, and its deciding body can be expanded to members participating in the composition of the HAVAH Blockchain ecosystem following the future roadmap.
3. HAVAH Services
The Company offers a variety of services including purchasing, trading or exchanging HAVAH Planet. In order for members to use HAVAH Services, they must have an account registered in HAVAH Wallet. The information and price of HAVAH Planets listed on HAVAH Services are subject to change at any time.
Detailed Terms and Conditions for Each Service
Below are the disclaimers provided by the Company so that members can properly use HAVAH Services. Digital assets may be required for members to access some services. When a member uses a service directly connected to HAVAH Services, it is deemed that they agree to the disclaimer, detailed guide, and conditions provided by the Services. Due to the nature of blockchain technology, it is not possible to return used digital assets that transpire from purchases and other forms of transactions. The Company provides a service that searches block formation and transactions occurring on the Mainnet, but does not guarantee the completeness or integrity of the provided information. Members agree that all services may be suspended or changed at any time depending on the blockchain network, technology, environment and various circumstances.
On the HAVAH Platform, users retain the properties of their NFTs scattered across multiple blockchain networks, and by using new NFTs that follow the HRC standard, they will be able to have the experience of using their NFTs in various DApps regardless of the network.
Such experiences are provided through HAVAH Blockchain Network’s Interchain NFT Transmission Technology, and the Company does not store, manage or control users' NFTs and/or digital assets on the HAVAH Platform. The HAVAH Platform does not store, transmit or receive NFTs or rewards, but these transactions occur directly on the HAVAH blockchain or other supported blockchains. Instead of the HAVAH Platform, members can use a compatible digital app provided by a third-party company or HAVAH Wallet that securely connects to the HAVAH blockchain. Members can send and receive NFTs or various digital assets with other members from the HAVAH blockchain using HAVAH Wallet or other compatible wallets.
The Company provides online digital Wallet service through a Chrome Extension program. HAVAH Wallet encrypts and stores the Public key and the mnemonic phrase, which are considered essential information to manage various digital assets in the individual's local storage and does not separately back up or upload the information to its own online storage. The functions of the online digital Wallet includes, but is not limited to, transfers, exchanges, and transactions, and the Wallet’s services may be expanded through updates. The Company does not guarantee any loss or compensation incurred through transfer, exchange or transaction services. Members agree that all services may be suspended or changed depending on the blockchain network, technology, environment and various circumstances.
The Company can provide information services on the value or transaction status of each transaction and digital asset through HAVAH Scan. However, it does not guarantee the completeness or integrity of the information provided.
4. HAVAH Service Use Policy
Effect and Modification of the Terms of Service The Company, if deemed necessary, may change these Terms to the extent that it does not violate relevant laws. If the Terms are changed, the Company will notify the members by electronic means such as email, digital announcement within the Services, or pop-up message. The member acknowledges and accepts that the Terms and Services may be modified or changed at any time without prior notice at the discretion of the Company. If the member continues to use the HAVAH Services even after the modification of the Terms, it is deemed that the member has agreed to and accepted the changes. If the member does not agree to the revised Terms, the member may terminate the Services contract or withdraw their membership by stopping the use of the Services at any time.
By following the Company policy and explicitly agreeing to the Terms, a member can apply for account registration by entering their information such as password and email address. The Company will register the applicant as a member and provide HAVAH Services, except in the following cases. Incorrect or incomplete registration information Restriction or suspension of use after failing to oblige to membership responsibilities (see Article 5)
Member Consent and Negligence
By using the Company's Services, the member agrees to the following conditions in accordance with the applicable laws. Members have sufficient knowledge of blockchain and related technologies, fully understand blockchain-based services, and know all the advantages, risks and limitations associated with digital assets to use HAVAH Services. Members must not use HAVAH Services for illegal purposes or engage in illegal activities. Members must provide their credentials (email address, password, or other information needed to use the HAVAH Services) to the Company. In order to provide better service, the Company may post various information such as notices about service use, admin messages, advertisements, etc on the service page or by email. If members do not wish to receive these emails, please contact [email protected]
1) The Company may distribute or provide patches, updates, upgrades, content or other modifications to the Services for reasonable purposes. These updates may cause the Services to be temporarily unavailable. In certain circumstances, the Company may suspend, withdraw or disable the Services for a longer period while deploying these updates.
2) Suspension of Services due to the reasons listed in Paragraph 1 will be notified through the member's email or pop-up message. If there are reasons beyond the Company's predictions or control, prior notice may not be given. However, even if there are such exceptional reasons, the Company will do its best to restore the Service as soon as possible.
The naming policy applies to all usernames selected by members in the Services provided by the Company. In general, any ID can be created without any restrictions. However, names that violate the naming policy below may be deleted or changed at the sole discretion of the Company.
Any username that is offensive to another person (including but not limited to profanity, slander, criticism, and violent language)
Names related to illegal acts against society and related laws
Names that slander or defame a particular group, race, or religion
Names that may infringe a third party's trademark rights
Name that is recognized as having advertising properties (including those for the purpose of promotion and profit of a specific organization)
Names that slander or defend a specific politician or political party Other names that may interfere with service operation
Names that give personally identifiable information of the individual or others
Names that contain scams or self-promotion The company may take immediate action in accordance with the naming policy for names that may not be on the list above, but may cause inconvenience to other members.
Acts of fraud in the Services refer to acts that intentionally deceive other members. The Company may restrict the access to fraudulent members in order to create a healthy environment for HAVAH. The Company does not provide any remedial measures for damage incurred from fraudulent acts, and such damages are deemed as caused by personal negligence.
Account Theft Policy
Account theft refers to any activity that compromises a member's account information (including but not limited to HAVAH ID, password, email, private key and assets) by extorting information registered in the account. Account theft is an act that violates relevant laws, and the Company does not take any civil or criminal responsibility for account theft. The use of Services may be restricted In the case for the compromised account. No recovery will be provided for damages incurred from account theft as it is entirely attributable to members who have not fulfilled their privacy obligations.
Error Recovery Policy
Digital assets lost due to technical errors or bugs while using the Services will be restored after checking the records to the extent that no significant problems to the Service occurs. However, data that has been changed due to personal negligence cannot be recovered.
Protection and Use of Personal Information
5. Obligations and Responsibilities of Members
The following actions are prohibited.
Inappropriate or improper use of another member's account and password. Posting obscene or inappropriate content or slandering third parties including other members. Sharing (linking) the HAVAH website to bulletin boards, public places or services. Acts that infringe the rights of the Company or other third parties. Acts that cause malfunction of equipment and/or destruction and/or interference with information related to the Services. Collecting, storing and/or disclosing personal information of other members. Dissemination of false information regardless of purpose and intent. Posting information (including computer programs) prohibited by relevant laws. Impersonating the Company or its subsidiaries and affiliates as executives/employees. Using another member's name illegally. Other illegal acts or acts that interfere with the operation of the Services. Members who have not complied with the Company’s policies may be investigated for their service use and online activities in accordance with relevant laws, and their account may be temporarily or permanently suspended. Service Suspension - Acts of Permanent Account Suspension. Abuse of abnormal contents and bugs of Services to significantly affect the operation of the system and service. Impersonating a member of team HAVAH and/or Company to confuse other members (identity theft included). Acts and attempts to deceive other members to obtain unfair advantage. Accounts that have traded or own assets reported for account theft. Falsely reporting account theft and fraudulent acts/reporting false information. Creating a username / ID that contains content that goes against relevant laws or social norms, abusive language, and obscenity within HAVAH Services. Acts and attempts to affect the Services by using unauthorized illegal programs and software/hardware. Acts that interfere with use and operation of the Services. Ignoring the Company's warnings or interfering with the operation of the Services. Intentionally/repeatedly interfering with other members' use of the Services. Suspension will be given out at the discretion of the Company according to the nature of each act. As a result, members' use of the Services may be restricted.
1) By using the HAVAH Services, the member agrees to be fully responsible for the use of account login and password, protection of data provided for account registration, and all actions performed while using their account. Members must not share their account or password related to the Services with others, and must protect their account information. Members agree to the following conditions regarding digital assets. The Services provided by the Company include the website and Wallet, and members can access them through a PC, tablet, mobile or any electronic device. The Company does not assume any responsibility regarding the member's digital assets. The Company is solely responsible for the operation and management of the Services, and does not act as an intermediary for sellers or buyers of digital assets. Members are solely responsible for the transactions and information shared between the parties involved.
2) The taxing of digital asset transactions can be uncertain and it is the member's responsibility to determine the taxations (if any) arising from such transactions. Members are solely responsible for reporting and paying all taxes incurred through the Company's Services and all related transactions.
6. Service Withdrawal
Membership Withdrawal and Personal Information Protection If the member wants to terminate the Services, they can withdraw their membership according to the procedure set by the Company.
1) Upon withdrawal, the member cannot log in to the HAVAH Services and has restricted use of the Services.
2) Upon withdrawal, all information related to the HAVAH Services will be deleted and cannot be recovered.
3) Even if a member terminates their account, the public key/private key created on the HAVAH Blockchain Network will not be deleted and its ownership will not be changed.
4) If a member withdraws their account, they cannot re-register with the same email address. If they wish to re-register with the same email address, please contact [email protected]
5) Due to the technological characteristics of blockchain, data related to blockchain cannot be deleted.
6) There are no separate functions of account registration and cancellation for HAVAH Wallet, which directly manages the Private Key. Members may stop using the Services by deleting the application, but the Public Key/Private Key already formed on the HAVAH Blockchain Network cannot be deleted.
7. Indemnification and Compensation for Damages
Compensation for Damage
If the Company or member has violated the Terms and caused damages to the other party, they have the responsibility of compensating for the damages.
If the Company enters into a partnership with a separate service provider to provide a separate service to its member, and they agree to the terms of the separate service, the Company is not responsible for any damages if the separate service provider intentionally or negligently inflicts damage to the individual, and does not take responsibility for damages caused by such negligence.
Indemnity of the Company
The Company will not be held responsible if the Services cannot be provided due to natural disasters or force majeure events. The Company is not responsible for any damages caused by repair, replacement, regular inspection, construction of service facilities, etc unless it is intentional or negligent. The Company is not responsible for the reliability and accuracy of information and materials posted by members in relation to the Services unless it is intentional or severely negligent. The Company is not obligated to intervene in transactions or disputes caused by members or others, and is not responsible for any damages resulting from this. The Company is not responsible if the member does not obtain the expected profit or loss while using the Services. The Company is not responsible for price fluctuations of members' digital assets. The Company is not responsible for any problems that arise from mismanagement of personal information such as HAVAH Wallet ID, password, and email due to personal negligence. The Company shall not be held liable for any damages caused when the Services cannot be used due to the change of the user's electronic devices such as PC or mobile, change of mobile phone number, change of operating system (OS) version, overseas roaming, and change of telecommunication company. If a member deletes their account information, the Company shall not be held liable for the loss unless it is intentional or negligent.
Governing Law and Jurisdiction