TERMS AND CONDITIONS

1. Definitions:

1. 1.1 Account means a profile of the Customer opened for arbitrage deals.
2. 1.2 APIs means Application Programming Interfaces.
3. 1.3 Applicable Law means all civil and common laws, statutes, subordinate legislation, treaties, regulations, directives, decisions, by-laws, ordinances, circulars, codes, orders, notices, demands, decrees, injunctions, resolutions, rules and judgments of any government, quasi-government, statutory, administrative or regulatory body, court, agency or association by which any member of the HETHA.IO or Customer are bound in any jurisdiction applicable to the receipt or performance of the Services.
4. 1.4 Customer means any current registered user of the HETHA.IO platform.
5. 1.5 Intellectual Property Rights means any registered or unregistered design rights, patents, copyright, database rights, data protection rights, trademarks, service marks, logos, trade names, rights in domain names, rights in undisclosed or confidential information (such as know-how, trade secrets and inventions (whether or not patentable) moral rights and any other similar intellectual or industrial property rights (whether registered or not) and applications for such rights as may exist anywhere in the world.
6. 1.6 HETHA.IO platform means the coin-based platform operated by HETHA.IO which is largely based upon the HETHA.IO platform and is accessible at the following webpage https://hetha.io.
7. 1.7 Restricted Jurisdictions means any jurisdiction, where HETHA.IO does not provide services, namely, Afghanistan, Algeria, Bahamas, Bahrain, Bangladesh, Bolivia, Bosnia and Herzegovina, Botswana, Cambodia, Crimea, Cuba, Ethiopia, Ghana, Iran, Iraq, Iceland, Japan, Kosovo, Kuwait, Lebanon, Libya, Nigeria, North Korea, Oman, Pakistan, Palestine, People's Republic of China, Qatar, Saudi Arabia, South Sudan, Sudan, Syria, Tunisia, Uganda, Vanuatu, Yemen and United States of America from the following states: New York (NY), Georgia (GA), Connecticut (CT), New Mexico (NM), Washington (WA), Hawaii (HI).
8. 1.8 Services means providing arbitration services by the HETHA.IO.

2. Subject to the Terms and Services

1. 2.1 These Terms of Services, together with any other addenda, terms and conditions or documents expressly incorporated herein constitute the entire agreement between the parties (together, the “Terms”).
2. 2.2 In the event of any inconsistency between these terms of services and any of the other addenda, terms and documents, the provisions of these terms of services shall prevail to the extent of such inconsistency. All other information provided on the HETHA.IO platform or oral/written statements made are excluded from these Terms and do not constitute a legal agreement between the parties. Use of the HETHA.IO platform and the Services is governed by these Terms.
3. 2.3 The HETHA.IO platform and the copyright in all text, graphics, images, software and any other materials on the HETHA.IO platform are owned by HETHA.IO, including all trademarks and other Intellectual Property Rights in respect of materials and Services on the HETHA.IO platform. Materials on the HETHA.IO platform may only be used for personal use and non-commercial purposes.
4. 2.4 Customer may display on a computer screen or print extracts from the HETHA.IO platform for the above-stated purposes only provided that Customer retain any copyright and other proprietary notices or any of HETHA.IO’s trademarks or logos, as shown on the initial printout or download without alteration, addition or deletion. Except as expressly stated herein, the Customer may not without HETHA.IO’s prior written permission alter, modify, reproduce, distribute, or use in any other commercial context any materials from the HETHA.IO platform.
5. 2.5 Customer acknowledges that HETHA.IO logo is trademark of HETHA.IO. The Customer may reproduce such trademarks without alteration on material downloaded from the HETHA.IO platform to the extent authorized above, but Customer may not otherwise use, copy, adapt or erase them.
6. 2.6 Customer shall not in any circumstance obtain any rights over or in respect of the HETHA.IO platform (other than rights to use the HETHA.IO platform pursuant to these Terms and any other terms and conditions governing a particular service or section of the HETHA.IO platform) or hold Customer out as having any such rights over or in respect of the HETHA.IO platform.
7. 2.7 Customer is not allowed to access or use the Services or the HETHA.IO platform if the Customer is located, incorporated or otherwise established in, or a citizen or resident of: a) any state, country or other jurisdiction that is embargoed by the United States of America or European Union; b) a jurisdiction where it would be illegal according to Applicable Law for Customer (by reason of Customer nationality, domicile, citizenship, residence or otherwise) to access or use the Services or the HETHA.IO platform; or c) where the publication or availability of the Services or the HETHA.IO platformis prohibited or contrary to local law or regulation, or could subject any member of the HETHA.IO to any local registration or licensing requirements (together, the “Restricted Jurisdictions”).
8. 2.8 HETHA.IO may, in its sole discretion, implement controls to restrict access to the Services on the HETHA.IO platform in any of the Restricted Jurisdictions. If HETHA.IO determines that Customer is accessing the Services on the HETHA.IO platform from any Restricted Jurisdiction or have given false representations as to Customer’s location of incorporation, establishment, citizenship or place of residence, HETHA.IO reserves the right to close any of Customer account immediately and liquidate any open order.

3. General terms

1. 3.1 By accessing, viewing or downloading information from the HETHA.IO platform and using the Services provided by the HETHA.IO, Customer acknowledges that Customer has read and considered, and Customer understands and unconditionally agrees to be bound, by these Terms. HETHA.IO may, at any time, without notice, amend the Terms. Customer agrees to continue to be bound by any such amended Terms and that HETHA.IO has no obligation to notify Customer of such amendments. The Customer acknowledges that it is a Customer responsibility to check these Terms periodically for changes and that Customer continued use of the HETHA.IO platform and Services offered by the HETHA.IO following the posting of any changes to the Terms indicates Customer acceptance of any such changes.
2. 3.2 When accessing and using the Service, Customer must:
3. 1. 3.2.1 Not carry out any activity that involves proceeds from any illegal or unlawful activity; publishes, distributes or disseminates any illegal or unlawful material or information; or otherwise violates, or could violate, any Applicable Law;
   2. 3.2.2 Not attempt to undermine the security or integrity of the HETHA.IO’s computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks;
   3. 3.2.3 Not use, or misuse, the Services in any way which may impair the functionality of the Services or HETHA.IO platform, or other systems used to deliver the Services or impair the ability of any other user to use the Services or HETHA.IO platform;
   4. 3.2.4 Not attempt to gain unauthorized access to the computer system on which the HETHA.IO platform is hosted or to any materials other than those to which Customer have been given express permission to access;
   5. 3.2.5 Not transmit or input into the HETHA.IO platform any files that may damage any other person’s computing devices or software; content that may be offensive; or material or data in violation of any law (including data or other material protected by copyright or trade secrets which Customer do not have the right to use);
   6. 3.2.6 Not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse-engineer any computer programs used to deliver the Services or to operate the HETHA.IO platform except as is strictly necessary to use either of them for normal operation;
   7. 3.2.7 Ensure that all usernames and passwords required to access the HETHA.IO platform are kept secure and confidential;
   8. 3.2.8 Immediately notify HETHA.IO of any unauthorized use of Customer password(s) or any other breach of security and HETHA.IO will reset Customer password(s) upon such notification.
4. 3.3 Use of the Services may be subject to limitations, including but not limited to transaction volumes and the number of calls permitted to be made against the relevant application programming interface. Any such limitations will be advised.
5. 3.4 By accessing the HETHA.IO platform, using the Services or registering as a Customer, Customer represent, warrant, and undertake that:
6. 1. 3.4.1 Customer have accepted the Terms;
   2. 3.4.2 Customer is at least 18 years of age and have the capacity to accept the Terms;
   3. 3.4.3 Customer is the legal owner (or an appropriately authorized representative of the legal owner) of the funds Customer add to Customer account with HETHA.IO and that the same funds derive from a legitimate source;
   4. 3.4.4 Customer use of the Services does not constitute a breach of Applicable Law;
   5. 3.4.5 Customer is aware of the risks in using the Services provided by the HETHA.IO and have the necessary experience and knowledge to understand the risks involved in relation to each Service provided by the HETHA.IO.
   6. 3.4.6 Customer acknowledges and agrees that the Services should only be used by Customer if the Customer:
   7. 1. 3.4.6.1 has knowledge and experience in highly volatile markets;
      2. 3.4.6.2 has a high-risk tolerance;
   8. 3.4.7 Customer will not be involved or initiate any form of market manipulation;
   9. 3.4.8 the information or documents Customer are correct, genuine, and up to date;
   10. 3.4.9 Customer is not allowed to access or use the Services if Customer is located in, incorporated or otherwise established in, or a citizen or resident of any Restricted Jurisdiction, and that HETHA.IO reserves the right to close any of Customer account immediately and liquidate any open order if the Customer is accessing the Services from any Restricted Jurisdiction or has given false representations as to Customer location, place of incorporation or establishment, citizenship or place of residence;
   11. 3.4.10 Customer has not violated, been fined, debarred, sanctioned, the subject of economic sanctions-related restrictions, or otherwise penalized under; received any oral or written notice from any government concerning actual or possible violation by Customer under; or received any other report that Customer is the subject or target of sanctions, restrictions, penalties, or enforcement action or investigation under any Applicable Law;
   12. 3.4.11 neither Customer nor any of Customer affiliates are: itself, or owned or controlled by, a sanctioned person; involved in any transaction, transfer, or conduct, whether or not by using or receiving the Services on the HETHA.IO platform, that is likely to result in Customer or Customer affiliates becoming a sanctioned person; or located in, incorporated or otherwise established in, or a citizen or resident of, a Restricted Jurisdiction.
7. 3.5 The Customer can open an initial account by providing Customer email address and full name.
8. 3.6 HETHA.IO reserves the right at any time to verify Customer identity for the purposes of complying with the Money Laundering and Terrorist Financing Prevention Act of the Republic of Latvia or any other Applicable Law.
9. 3.7 Customer agrees to cooperate with HETHA.IO in this process and will provide all documentation/information that HETHA.IO may require to satisfy itselve of Customer identity and the purpose of the business relationship.
10. 3.8 Customer agrees that any trading or other instructions received or undertaken through Customer account are deemed to be final and conclusive, and that HETHA.IO may act upon such instructions without any liability or responsibility attached to it. In connection with any APIs offered on or through the HETHA.IO platform, Customer acknowledges and agrees that:
11. 1. 3.8.1 HETHA.IO is permitted to share Customer data with any third parties that possess Customer unique API key, and
    2. 3.8.2 HETHA.IO may rely and act upon the instructions (including, but not limited to, instructions relating to order placement or the closing of positions) of any third parties that possess Customer unique API key, and the HETHA.IO accepts no responsibility or liability for any loss arising from the foregoing.
12. 3.9 HETHA.IO may freeze any account if it suspects or has the reason to believe that the Customer is engaged in suspicious trading or other activity or has breached any of the above warranties or other provisions of these Terms. This may result in the unwinding of any trades Customer has entered. HETHA.IO expressly excludes compensation for any losses that the Customer would have incurred as a result of arbitrage deals or compensation for the profits that the Customer would have received as a result of the purchase/sale of cryptocurrency, and the Customer agrees to fully indemnify HETHA.IO losses from any actions of third parties as a result of Customer’s behaviour. Whilst the Customer’s account is frozen, HETHA.IO will conduct an investigation and may require Customer to cooperate with its enquiries. During the investigation stage Customer will not be able to make deposits to Customer account nor will Customer be able to trade. At the end of the investigation HETHA.IO may, at its own discretion, decide to close Customer account for which HETHA.IO is not required to provide Customer with any reasons for the same.
13. 3.10 HETHA.IO reserves the right at its own discretion to close Customer’s account at any time.
14. 3.11 By using the Services, Customer accepts that HETHA.IO reserves the right to liquidate any trades at any time.
15. 3.12 It is Customer’s responsibility entirely to provide HETHA.IO with correct details. HETHA.IO excludes all liability for any incorrect transactions.

4. Fees

1. 4.1 The Customer acknowledges and agree that, by using the Services, fees will apply.
2. 4.2 HETHA.IO has the right to revise and update the applicable fees at any time at its sole discretion. Any such revision or updates to the fees will apply prospectively to any Services (including any transactions on the HETHA.IO platform) that take place following the effective time that the fee revision or update is published on the HETHA.IO platform.
3. 4.3 Tariffs for the use of the Services offered by HETHA.IO are:

   Paypal • Processing fee: 0% Cryptopay • Processing fee: 0% Bank transfer • Processing fee: 0% Please note: not all payment methods may be available at all times. Availability may vary depending on technical and operational conditions.

5. Transaction processing

1. 5.1 HETHA.IO strives to process all transactions within a 48-hour time frame. If the Customer has not received deposit after 48 hours, the Customer may request to cancel the transaction and fund the transaction to Customer in full. Refunds normally take up to 24 hours to process and are made to the same payment method used for the initial transaction.

6. Risk disclosure

1. 6.1 The Customer accepts and acknowledges the risks associated with the use of services including the risk of equipment failure; the risk of software malfunction; disruption of internet access; the risk of spreading malware; and the risk of third parties gaining unauthorized access to information stored in Customer’s account. HETHA.IO will not be held responsible for any communication failures, errors or delays the Customer may experience.
2. 6.2 HETHA.IO will not be held responsible for any losses, damages or claims that may arise from the use of corrupted wallets, mistyped wallet addresses, viruses, or third-party attacks.
3. 6.3 While using the Service, the Customer assumes full responsibility for the Customer’s wallet. The Customer is responsible for protecting Customer’s wallet from unauthorized access and taking the necessary steps to secure Customer private keys.
4. 6.4 In case of the return, all commission costs are withheld from the funds received from the Customer.

7. Intellectual properties rights

1. 7.1 All Intellectual Property Rights relating to the HETHA.IO platform, all the material used on the HETHA.IO platform and the Services including, but not limited to, design, structure, layouts, graphical images, and underlying source code belong to the HETHA.IO. All rights are reserved.
2. 7.2 Customer acknowledges that, except as otherwise agreed between the parties in writing, all Intellectual Property Rights of the HETHA.IO in the HETHA.IO platform and the Services shall remain with the HETHA.IO.
3. 7.3 Customer is not granted any right to use, and may not use, any of the HETHA.IO’s Intellectual Property Rights other than as set out in these Terms and subject to the following conditions:
4. 1. 7.3.1 Customer may only view and use the Services and the HETHA.IO platform (or any part of it or its contents) for Customer own personal use and may not copy, reproduce, republish, upload, repost, modify, transmit, distribute or otherwise use the Services and the HETHA.IO platform (or any part of it or its content) in any way for non-personal, public or commercial use without the prior written consent of HETHA.IO.
   2. 7.3.2 Customer may not remove or modify any copyright, trademark or other proprietary notices that have been placed in any part of the Services; and
   3. 7.3.3 Customer may not use any data mining, robots or similar data-gathering or extraction methods.
5. 7.4 By submitting Customer content directly or indirectly to or through the HETHA.IO platform in any way, including, but not limited to, blogs, message boards, forums and APIs (whether or not submitted through a third party), the Customer grants the HETHA.IO a royalty-free, perpetual, irrevocable, transferable, sublicensable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display all of Customer’s content (in whole or in part) worldwide and to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content.
6. 7.5 HETHA.IO shall be the sole owner of any derivative work produced by the HETHA.IO based on, or in any way connected with, Customer content, and shall have the right to use such derivative work for any purpose, commercial or otherwise, without any further obligation to Customer. The Customer also permit any other users of the HETHA.IO platform to access, display, view, store and reproduce such content for personal use. The Customer waives (and to the extent Customer cannot waive, agree irrevocably not to assert) any and all moral rights to which Customer may be entitled anywhere in the world in respect of such content.
7. 7.6 HETHA.IO has the right, but not the obligation, to monitor all conduct and content submitted to or through the HETHA.IO platform, and may in its sole discretion:
8. 1. 7.6.1 To refuse to publish, remove, or modify content or disable access to content that it considers breaches these Terms; or
   2. 7.6.2 To close or discontinue Customer opportunity to submit, post or upload content.
9. 7.7 By submitting any content to the HETHA.IO platform the Customer warrants that Customer is entitled to, and have all necessary Intellectual Property Rights over, that content to submit it on the HETHA.IO platform in accordance with these Terms.
10. 7.8 HETHA.IO reserves the right to disclose Customer identity to any third party who claims that any content posted or uploaded by Customer to the HETHA.IO platform constitutes a violation of their Intellectual Property Rights or of their right to privacy.

8. Privacy notice

1. 8.1 For more details about HETHA.IO’s privacy and data protection practices, please refer to our Privacy Policy available at the following webpage https://hetha.io.

9. Third parties’ websites

1. 9.1 HETHA.IO links to third party websites that are not affiliated or associated with the HETHA.IO (although branding, advertisements or links relating to the HETHA.IO platform or any Services may appear on these websites) and HETHA.IO may send e-mail messages to Customer containing advertisements or promotions including links to third parties. HETHA.IO makes no representation as to the quality, suitability, functionality, or legality of the material on third party websites that are linked to, or to any goods and services available from such websites. The material is only provided for Customer interest and convenience. HETHA.IO does not monitor or investigate such third-party websites and HETHA.IO accepts no responsibility or liability for any loss arising from the content or accuracy of this material and any opinion expressed in the material should not be taken as an endorsement, recommendation or opinion of any member of the HETHA.IO.
2. 9.2 Under no circumstances the Customer has the right to create a hyperlink to any of the pages on the HETHA.IO platform, unless HETHA.IO provides Customer with its prior consent to do so. If Customer do create a link to any of the pages on the HETHA.IO platform, the Customer acknowledges that Customer is responsible for all direct or indirect consequences of the link, and the Customer indemnify each member of the HETHA.IO immediately upon demand for all loss, liability, costs or expense arising from or in connection with the link.

10. Warranties and responsibilities

1. 10.1 The Customer represents, warrants and undertakes that:
2. 1. 10.1.1 The Customer is authorized to access and use the Services and HETHA.IO platform. In particular, each jurisdiction where the Customer is located in, incorporated, or otherwise established in, or of which Customer is a citizen or resident, allows the Customer to utilize the Services and the HETHA.IO platform;
   2. 10.1.2 If the Customer is using HETHA.IO platform on behalf of or for the benefit of any person or organization, the Customer must be authorized to do so. The relevant person or organization will be liable for the Customer actions, including any breach of these Terms; and
   3. 10.1.3 The Customer use of HETHA.IO platform and the Services is at Customer’s own risk. Customer agrees that HETHA.IO is not liable for any damage or harm arising out of the Customer use of the HETHA.IO platform and Services.
3. 10.2 Customer acknowledges and agrees that:
4. 1. 10.2.1 the information provided on the HETHA.IO platform is for general information purposes only and is given in good faith. However, the information is selective and HETHA.IO may not verify all information, which may not be complete or accurate for Customer purposes and should not be relied upon without further enquiry. The information and Services should not be construed as an offer or a recommendation to trade or engage the Services provided by the HETHA.IO in a particular manner and the information does not take into account the investment objectives or financial situation of any particular person; and
   2. 10.2.2 HETHA.IO does not warrant that the use of the HETHA.IO platform will be uninterrupted or error-free. Amongst other things, the operation and availability of the systems used for accessing the HETHA.IO platform, including public telephone services, computer networks and the internet, can be unpredictable and may from time to time interfere with or prevent access to the HETHA.IO platform. HETHA.IO is not in any way responsible for any such interference that prevents Customer access or use of the HETHA.IO platform and the Services.
   3. 10.2.3 The Customer warrants and represents that the Customer is acquiring the right to access and use HETHA.IO platform and agreeing to these Terms for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the HETHA.IO platform or these Terms.

11. Accuracy of services

1. 11.1 The Customer acknowledges, agrees, and understands that none of the Services amount to investment advice or any marketing, or promotion or offer of any product or investment to Customer or any third party. The Customer is solely responsible for any losses, damages or costs resulting from Customer reliance on any data or information that the HETHA.IO may provide in connection with the Customer use of the Services. The Customer will make its own independent decision to access or use the Services.
2. 11.2 To the maximum extent permitted under Applicable Law, the Services and any product, service or other item provided by or on behalf of HETHA.IO are provided on an “as is” and “as available” basis and HETHA.IO expressly disclaims, and the Customer waives, any and all other warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. Without limiting the foregoing, HETHA.IO does not represent or warrant that the Services are accurate, complete, reliable, current, or error-free, or free of viruses or other harmful components.
3. 11.3 HETHA.IO shall make reasonable efforts to ensure that the Services are available to Customer. However, access to the Services may be disrupted from time to time due to necessary maintenance, technical issues, network and system overloads or events outside of HETHA.IO’s control. HETHA.IO will use commercially reasonable efforts to avoid downtime of the Services during anticipated peak hours but assumes no liability (whether for trading-related losses or otherwise) if the Services or any part thereof are unavailable at any time or for any period.
4. 11.4 Customer acknowledges and agrees that:
5. 1. 11.4.1 HETHA.IO shall not have any liability, contingent or otherwise, to Customer or to any third parties, for the correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, pricing or continued availability of the Services (including the HETHA.IO platform) or for delays or omissions of the Services, or for the failure of any connection or communication service to provide or maintain the Customer’s access to the Services, or for any interruption in or disruption of Customer’s access or any erroneous communications between the HETHA.IO and Customer, regardless of cause;
   2. 11.4.2 HETHA.IO shall not have any liability or be responsible in any way for the Customer use of the internet to connect to the Services or any technical problems, system failures, malfunctions, communication line failures, high internet traffic or demand, related issues, security breaches or any similar technical problems or defects experienced. The Customer shall be responsible for any fees incurred in order to connect to the internet for the purpose of using or accessing the Services;
   3. 11.4.3 The Customer is solely responsible for its own hardware used to access the Services and is solely liable for the integrity and proper storage of any data associated with the Services that is stored on Customer’s own hardware. The Customer is responsible for taking appropriate action to protect its hardware and data from viruses and malicious software, and any inappropriate material. Except as provided by Applicable Law, the Customer is solely responsible for backing up and maintaining duplicate copies of any information Customer stores or transfers through our Services. HETHA.IO will not be liable to the Customer in the event that the Customer’s hardware fails, is damaged or destroyed or any records or data stored on the Customer’s hardware is corrupted or lost for any reason.
6. 11.5 The Customer must immediately notify HETHA.IO in the event that the Customer becomes aware of any of the Services malfunctioning or a trading error occurring or if the Customer otherwise experiences any material malfunction or other connectivity problem that adversely affects the Customer’s access to use any Services.
7. 11.6 The Customer acknowledges, agrees and understands that if the Customer travels to any Restricted Jurisdiction, HETHA.IO’s Services may not be available and the Customer access to Services may be blocked. The Customer must not attempt in any way to circumvent any such restriction, including by use of any virtual private network to modify Customer’s internet protocol address.
8. 11.7 The Customer acknowledges, agrees and understands that certain of the Services (including any software that may be produced, developed or published by the HETHA.IO from time to time) may be beta versions being tested at the time of release. Consequentially, such development services may be unstable and may change from time to time. HETHA.IO does not warrant that the functionality of Services will meet Customer’s requirements or that the operation of development services will be uninterrupted or error-free. HETHA.IO reserves the right, at any time and for any reason, to discontinue, redesign, modify, enhance, or change any Services.
9. 11.8 The Customer acknowledges, agrees, and understands that:
10. 1. 11.8.1 HETHA.IO is provided for informational and testing purposes, and not for educational purposes;
    2. 11.8.2 Although the HETHA.IO test environment uses the same market data and indices as the live HETHA.IO Platform, discrepancies may occur between the test and live environments.
    3. 11.8.3 Any past performance and experience on and with HETHA.IO are not a reliable indicator of future returns, performance, and experience with the HETHA.IO platform.

12. Indemnifications

1. 12.1 The Customer agrees to indemnify and hold harmless each member of HETHA.IO and their respective directors, officers, employees, agents, contractors and licensors immediately upon demand from and against any and all claims, demands, lawsuits, actions, proceedings, investigations, liabilities, damages, losses, costs or expenses, including reasonable attorneys’ fees, in any way arising out of, in relation to or in connection with, directly or indirectly, Customer or Customer authorized representatives:
2. 1. 12.1.1 Use of, or conduct in connection with, the Services;
   2. 12.1.2 Breach of these Terms or any other policy of the HETHA.IO; or
   3. 12.1.3 Violation of any Applicable Law or the rights of any other person or entity.

13. Limitation of liability

1. 13.1 Nothing in these Terms shall exclude or restrict the HETHA.IO’s or any of the Associated Parties’ liability for:
2. 1. 13.1.1 Fraud; or
   2. 13.1.2 Any other matter that cannot be excluded or limited under applicable law.
3. 13.2 Subject to the foregoing, to the maximum extent permitted by Applicable Law:
4. 1. 13.2.1 in no event shall HETHA.IO or any of the Associated Parties be liable for any:
   2. 13.2.2 indirect or consequential loss; or loss of profit, business opportunity, revenue or goodwill, in each case, whether arising from breach of contract, tort (including negligence), breach of statutory duty or otherwise, arising out of or in connection with authorized or unauthorized use of the Services or these Terms, even if an authorized representative of the HETHA.IO or any of the Associated Parties has been advised of, knew of or should have known of the possibility of such damages; and
   3. 13.2.3 HETHA.IO’s and the Associated Parties’ aggregate liability in contract, tort or otherwise (including any liability for any negligent act or omission) howsoever arising out of or in connection with the performance of its obligations under these Terms in respect of any one or more incidents or occurrences shall be limited to the total net amount received by HETHA.IO from Customer by way of trading fees in connection with the Customer’s use of HETHA.IO platform in the six-month period immediately prior to the date of the incident, or the first incident of a series of connected incidents, giving rise to a claim made by Customer under these Terms.

14. Calculations

1. 14.1legal-terms-en.php legal-refund-en.php legal-privacy-en.php legal-cookie-en.php All calculations performed by the HETHA.IO platform’s is verified by HETHA.IO and are final. HETHA.IO does not warrant that the use of the HETHA.IO platform will be uninterrupted or error-free.

15. Termination and remedies for breach of these terms by Customer

1. 15.1 HETHA.IO reserves the right to seek all remedies available at law and in equity for violations of these Terms, including without limitation, the right to restrict, close or terminate Customer’s account or deny the Customer access to HETHA.IO platform without notice.
2. 15.2 HETHA.IO shall be entitled to disclose information (including, but not limited to, Customer user identity and personal details) when cooperating with law enforcement enquiries (whether or not such enquiries are mandatory under Applicable Law) or where permitted under or otherwise compliant with Applicable Law.

16. Confidentiality

1. 16.1 The Customer undertakes not to disclose to any person or persons any Confidential Information that Customer may acquire in the course of Customer’s use of the HETHA.IO platform.
2. 16.2 For the purposes of these Terms, “Confidential Information” shall mean any written information (including information provided in electronic form) or oral information which is confidential or a trade secret or proprietary and which is clearly identified as confidential at the time of disclosure or would be assumed by a reasonable person to be confidential under the circumstances surrounding the disclosure. Notwithstanding the foregoing, Confidential Information shall not include information which is: a) already known by Customer prior to receipt from us; b) publicly known or becomes publicly known through no wrongful act of Customer; c) rightfully received from a third party without Customer having knowledge of a breach of any other relevant confidentiality obligation; or d) independently developed by Customer. The obligations of this clause do not prevent Customer from disclosing Confidential Information either: a) to a third party pursuant to a written authorization from us; or b) to satisfy a requirement of, or demand by, a competent court of law or other tribunal or governmental, or administrative or regulatory or self-regulatory body or listing authority or any Applicable Law, provided that HETHA.IO is notified prior to such disclosure to the extent permitted by Applicable Law.

17. Absence of waiver

1. 17.1 Any failure or delay by HETHA.IO to enforce any of the Terms or exercise any right under the Terms will not be construed as a waiver to any extent of our rights.

18. Force Majeure

1. 18.1 Neither party is liable for delay in meeting its obligations due to any cause outside its reasonable control. The condition beyond its reasonable control (Force Majeure) includes but is not limited to governmental action, the war, riots, hurricane, typhoon, acts of terrorism, earthquake, fire, flood, lightning, explosion strikes, lockouts, emergency state, pandemic or any other diseases as defined by the World Health Organization (WHO), prolonged shortage of energy supplies, and acts of state or governmental action prohibiting or impeding any party from performing its respective obligations under the Agreement or other acts of God, labour conditions, power failures, and Internet disturbances.

19. Survival

1. 19.1 Should any provision of these Terms be held to be void, invalid, unenforceable, or illegal by a court, the validity and enforceability of the other provisions shall not be affected. If any provision is determined to be unenforceable, the Customer agrees to an amendment by HETHA.IO of such provision to provide for enforcement of the provision’s intent, to the extent permitted by applicable law.

20. Governing law

1. 20.1 The Terms and any non-contractual obligations arising out of or in connection with them are governed by and construed in accordance with law of the Republic of Latvia.

21. Dispute resolution

1. 21.1 Subject to the Applicable Law of Customer’s jurisdiction, the courts of the Republic of Latvia have non-exclusive jurisdiction to settle any dispute arising from or connected with these Terms (including a dispute relating to the existence, validity or termination of these Terms or the consequences of their nullity or any non-contractual obligation arising out of or in connection with these Terms).