Terms of service
Herai Limited. (“we”, “us” or “our”) is a leading software development company, focus on the development of various APP applications to individuals like yourself (“you” or “your”). We host a domain website, https://0xher.ai, that serves information regarding Herai and our offerings, as well as sub-domains for our product offerings (“Sites”), which include text, images, audio, code and other materials or third party information.
Due to the rise of scammers finding ways to dupe unsuspecting victims of their digital assets, please verify the SSL certificate each time you visit our domain website. These Terms of Service (as defined below) will only apply to the domain website https://0xher.ai with the valid SSL certificate. Please ensure the authenticity of the SSL certificate before downloading from, clicking on or otherwise interacting with the website that you are visiting. For the avoidance of doubt, we have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
These Terms of Service (“Terms” or “Terms of Service”) contain the terms and conditions that govern your access to and use of the Site and Services (as defined below) provided by us and is an agreement between us and you or the entity you represent. Please read these Terms of Service carefully before using the Site or Services. By using the Site, or clicking a button or checkbox to accept or agree to these Terms of Service where that option is made available or, completing an order form for Services, or, if earlier, using or otherwise accessing the Services (the “Effective Date”), you (1) accept and agree to these Terms of Service and any additional terms, rules and conditions of participation issued by us from time to time and (2) consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy. If you do not agree to these Terms of Service, then you may not access or use the Services.
We hereby reminds you that you must carefully read the full content of these Terms of Service and other documents mentioned in these Terms of Service before using our mobile application “Herai” available on various mobile platforms including but not limited to the Google Play Store and the Apple App Store (“Herai” or “App”). In particular, you must carefully read the section of “Disclaimer and Limitation of Liability”. You must make sure that you fully understand the entire Terms of Service and evaluate the risks of using Herai on your own.
1. Confirmation and Acceptance of these Terms of Service
1.1You understand that these Terms of Service and other relevant documents apply to Herai
1.2 After you download Herai and start to create, you are deemed as having read and accepted these Terms of Service, which will cause these Terms of Service to become effective and legally binding on both you and us immediately. IF YOU DO NOT AGREE TO THE TERMS IN THESE TERMS OF SERVICE, YOU MUST CEASE USAGE OF HERAI IMMEDIATELY AND IF YOU HAVE DOWNLOADED HERAI, PLEASE PROCEED TO DELETE HERAI IMMEDIATELY.
In accessing or using Herai, you agree:
1.3.1 to be bound by the latest version of these Terms of Service without variation or modification;
1.3.2 that in the jurisdiction to which you are subject, you are of legal age to use Herai and to create binding legal and financial obligations for any liability you may incur as a result of the use of Herai; and
1.3.3 you are not an Excluded Person (as defined below).
1.4 We may, at our sole discretion, modify or replace these Terms of Service at any time. The modified Terms of Service will automatically take effect once it is posted on our Sites and you will not be notified separately. If you do not agree with the modifications, you must cease to use Herai immediately.
1.5 Please take note that your use of Herai after any such modification to these Terms of Service constitutes your acceptance of these Terms of Service as modified.
2. Definition
2.1 Herai: It refers to an application software developed by us based on android and IOS systems.
2.2 Excluded Person:
2.3.1 a person other than a natural person who possesses legal and mental capacity to enter into these Terms of Service; or
2.3.2 a person who is prohibited, restricted, unauthorised or ineligible in any form or manner whether in full or in part under these Terms of Service, laws, regulatory requirements, or rules in the jurisdiction applicable to such a user, to use the Services (as defined below).
2.3.3 WE DO NOT PROVIDE SERVICES TO EXCLUDED PERSONS. IF YOU ARE AN EXCLUDED PERSON, PLEASE IMMEDIATELY STOP USING OUR SERVICES. IF YOU CONTINUE TO USE OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL ASSUME ALL CORRESPONDING LIABILITIES UNDER THE APPLICABLE LAWS, RULES AND REGULATIONS OF THE JURISDICTION THAT YOU ARE RESIDENT AND/OR DOMICILED IN AND YOU SHALL INDEMNIFY US FROM UNDERTAKING ANY LIABILITIES ARISING FROM YOUR SUCH USE BEHAVIOR, INCLUDING BUT NOT LIMITED TO THE LOSSES, THE THIRD-PARTY CLAIMS OR ADMINISTRATIVE PENALTIES AGAINST US INCURRED BY SUCH CONTRAVENTION, VIOLATION OR BREACH, AS WELL AS REASONABLE LEGAL AND ADMINISTRATIVE COSTS, FEES AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES.
2.17 Notification Centre: means the inbox where you may receive messages or notices from us.
2.18 Personal Information: means information recorded in electronic or any other form which may identify a natural person when used alone or in combination with other information, including but not limited to personal biological identification information, e-mail address, wallet address, mobile device information, operation record, transaction record.
3. Herai Services (collectively, the “Services”)
3.1 You shall bear sole responsibility to take care of your mobile devices, back up the Herai App, and back up the Password. In the event that: your mobile device is lost, your Herai App or your account is deleted and not backed up, your account is stolen or you forget your Password, we will not be able to recover the APP or recover Password. We may not be able to cancel transactions for your mishandling (such as typing in wrong addresses for transactions, wrong amounts to be exchanged) and we shall not be responsible in any way in respect of the same.
3.2 When you use the function of Payment without Password of Herai, please properly back up the Password. We do not store your biological information such as your Touch ID or Face ID information, and we shall not be responsible in any way in respect of the same.
3.3 Herai does not support all existing tokens. Do not use Herai to handle any non-supported tokens.
4 YOUR RIGHTS AND OBLIGATIONS
4.1Create Account
4.1.1 Create account. you are entitled to use Herai on your mobile device to create account, set Password and use your account on Herai to transfer and receive Tokens on blockchain.
4.1.2 Identification verification. Specific Users will be asked to complete identification verification before using Herai to comply with related laws and regulations, according to the notification of Herai. Specific Users may be asked to provide Personal Information including but not limited to name, identification card number, cell phone number, bank card information, etc., without which the Specific Users will not be able to use certain services and the Specific Users alone shall be responsible for the loss caused by their delay in completing the verification.
4.1.3 We may develop different versions of Herai for different terminal devices. You shall download and install applicable version. If you download and install Herai or other application with the same name as “Herai” from any unauthorised third party, we cannot guarantee the normal operation or security of such application. Any loss caused by using such application shall be borne solely by you.
4.1.4 A previous version of Herai may stop to operate after a new version is released. We cannot guarantee the security, continuous operation or customer services for the previous version. You shall download and use the latest version.
4.2 Use of Herai
4.2.1 You shall bear sole responsibility to take care of your mobile devices, Password. We do not store or hold the above information for you. You shall be solely responsible for any risks, liabilities, losses and expenses which result from frauds, you losing your mobile device, or your account being attacked.
4.2.2 Herai Alerts. You understand and agree to comply with the Alert(s) published by us on Herai. You shall be responsible for any risks, liabilities, losses and expenses which result from your failure to comply with any Alert(s).
4.2.3 You understand that Herai undertakes no responsibility to conduct due diligence on the Third-Party Service. You shall assess carefully and assume all risks in connection with the use of Herai.
4.2.4 Provision of information and documents. To the extent that we determine, in our sole discretion, that it is necessary to obtain certain information about User in order to comply with any applicable law or regulation in connection with the use or operation of Herai, you shall provide us with such information promptly upon such request, and acknowledges and accepts that we may restrict, suspend or terminate your use of Herai until such requested information has been provided to our satisfaction. You undertake to notify us of any change in the documents and information provided by you to us pursuant to these Terms of Service and in the absence of any notification in writing notifying of any change, we are entitled to assume that the documents and information provided by you remain true, correct, not misleading and unchanged.
4.2.5 Complete identification verification. If we reasonably deems your operation or transactions to be abnormal, or considers your identification to be doubtful, or we consider it necessary to verify your identification documents or other necessary documents, you shall cooperate with us and provide your valid identification documents or other necessary documents and complete the identification verification in time.
4.2.6Transfer of Tokens
4.2.6.1You understand that you may be subject to daily limits on the amount and times of transfers according to your location, regulatory requirements, transferring purposes, risk control by Herai, or identification verification.
4.2.6.2You understand that blockchain operations are “irrevocable”. When you use Herai to transfer Tokens, you shall be solely responsible for the consequences of your mishandling of the transfer (including but not limited to wrong address, problems of the node servers selected by you).
4.2.6.3You understand that the following reasons may result in a “transfer failed” or “mining overtime” prompt:
insufficient balance in wallet;
insufficient gas for transaction;
blockchain’s failure to execute the code of smart contracts;
the transfer amount exceeding the transfer limits imposed by authorities, Herai or laws or regulations;
technical failure of the network or equipment;
abandoned transactions result from blockchain network congestion or failure;
the wallet address of yours or your counterparty’s is identified as special addresses, such as high-risk address.
4.2.7 We shall be deemed to have fulfilled its obligations once you have completed the transfer and shall not be held liable for any dispute in relation thereto.
4.2.8 Compliance. You understand that you shall abide by applicable laws, regulations and policies when you use Herai.
4.2.9 Notifications. Herai may send notifications to you by web announcements, Notification Centre information, popup tips or client-end notices (e.g., information about your transfer or suggestions on certain operations) which you shall be aware of timely.
4.2.10 Service fees and taxes.
4.2.10.1 When you use Herai services, you may be charged a handling fee and/or service fee, and the specific fee shall be subject to the published fee
4.2.10.2 We do not charge you any service fees or handling fees for the time being. We may reach an agreement with you or announce rules regarding service fees in the future;
4.2.10.3You need to pay “gas” or network fees when you transfer Tokens, the amount of which would be on your sole discretion and would be collected by the relevant blockchain network;
4.2.10.4You understand that your transfer of Tokens may fail under certain circumstances, including but not limited to insufficient “gas” or network fees paid by you for the transfer of Tokens during the time of your transfer, or the relevant blockchain network being unstable;
4.2.10.5 You shall bear all the applicable taxes and other expenses occurred due to your transactions on Herai.
5 RISKS
5.1You understand and acknowledge that the blockchain technology is a field of innovation where the laws and regulations are not fully established. You may be faced with material risks including instability of technology or failure for fiat-token exchange. You also understand that Tokens have much higher volatility comparing to other financial assets. You shall hold or dispose of the Tokens in a reasonable way and corresponding to your financial status and risk preferences.
5.2If you or your counterparty fails to comply with these Terms of Service or fails to follow the instructions, tips or rules on the website or on the page of the transaction or payment, we do not guarantee successful transfer of the Tokens and we shall not be held liable for any of the consequences of such failure. You and your counterparty shall assume the liabilities and consequences of your transactions.
5.3 In order to avoid potential security risks, we suggest you use Herai in a secured network environment. Please do not use a jailbreak or rooted mobile device.
5.4 Please be alert to frauds when you use Herai. If you find any suspicious activity, we encourage you to inform us immediately.
6 CHANGE, SUSPENSION, TERMINATION OF OUR SERVICES
6.1You acknowledge and accept that we may, at our sole discretion, provide only a part of the Services for the time being, suspend certain Services or provide new Services in the future. When we change our Services, your continuous use of Herai is deemed as your acceptance of these Terms of Service and revisions of these Terms of Service.
6.2In order to avoid (to the extent possible) any mishandling of Herai or any risk to the security of your Tokens, you shall not use Herai if you do not possess the basic knowledge of blockchain. If you do not possess basic knowledge of blockchain, we may refuse to provide all or part of the Services on Herai to you.
6.3You understand that we may suspend the Services under the following circumstances (or may completely terminate the Services in connection with any of the following circumstances):
6.3.1maintenance, upgrading, failure of equipment and blockchain system and the interruption of communications etc., which lead to the suspension of the operation of Herai;
6.3.2force majeure events including but not limited to typhoon, earthquake, tsunami, flood, power outage, war, or terrorist attacks, or computer viruses, trojan horse, hacker attacks, system instability or government behaviors and other reasons, which result in our inability to provide Services or if in our reasonable opinion, continuous provision of Services would result in significant risks;
6.3.3material adverse change of applicable laws or policies; or
6.3.4any other event(s) which we cannot control or reasonably predict.
6.4We reserve the right to unilaterally suspend or terminate all or part of the Services or any function of Herai under the following circumstances:
6.4.1death of users;
6.4.2if you steal others’ wallets information or mobile devices;
6.4.3if you provide false Personal Information on Herai;
6.4.4if you refuse to allow mandatory update of Herai;
6.4.5if you use Herai OSC in breach of third-party-developed Open Source License or our notices;
6.4.6if you use Herai to commit illegal or criminal activities;
6.4.7if you hinder the normal use of Herai of other users;
6.4.8if you pretend to be our staff or management personnel;
6.4.9if you threaten our normal operations or computer system by attack, invasion, alternation or any other means;
6.4.10if you use Herai to send spam; or
6.4.11if you spread rumours which endanger our goodwill and Herai;
6.4.12if you conduct any illegal activities, breach these Terms of Service etc. or other circumstances under which we reasonably considers necessary to suspend Services.
6.5You are entitled to export your wallets within a reasonable amount of time if we change, suspend or terminate our Services.
7 YOUR REPRESENTATIONS AND WARRANTIES
7.1You shall comply with all applicable laws and regulations of the country or area you reside and/or are domiciled in. You shall not use Herai for any unlawful purposes or by any unlawful means.
7.2You are not an Excluded Person.
7.3You shall not use Herai to commit any illegal or unlawful activities, including but not limited to:
7.3.1activities endangering national security of the country or area you reside in, disclosing state secrets, overturning the government or undermining national unity;
7.3.2 any illegal conducts, such as money laundering, illegal fund raising etc.;
7.3.3 accessing our services, collecting or processing the content provided by us, intervening or attempting to intervene any user, by the employment of any automated programs, software, network engines, web crawlers, web analytics tools, data mining tools or similar tools etc.;
7.3.4 providing gambling information or inducing others to engage in gambling;
7.3.5 invading into others’ Herai wallets to steal Tokens;
7.3.6 engaging in any inaccurate or false transactions with the counterparty;
7.3.7 committing any activities which harms or attempts to harm Herai service system and data;
7.3.8 other activities which we have reason to believe are inappropriate.
7.4 You understand and accept that you shall be responsible for any violation of law (including but not limited to the customs and/or tax regulations) or for breach of these Terms of Service by you and shall indemnify us against the losses, the third-party claims or administrative penalties against us incurred by such contravention, violation or breach, as well as reasonable legal and administrative costs, fees and expenses including reasonable attorney’s fees.
7.5 You confirm that you will pay the service fees charged by us in time (if applicable). We reserve the right to suspend the services when you fail to pay service fees (if applicable).
Miscellaneous
8.1 No Assignment. Subject to these Terms of Service, only you and no other person shall have the right to any claim against us in connection with use of the Services. You shall not assign, trade or transfer, or attempt to assign, trade or transfer, your right to any such claim. Any such assignment or transfer shall be void and shall not impose any obligation or liability on or against us to the assignee or transferee.
8.2 Intellectual Property Rights. Herai is an application developed and owned by us. The intellectual property rights of any contents displayed in Herai (including these Terms of Service, announcements, articles, videos, audios, images, archives, information, materials, trademarks or logos) are owned by us or the third-party licensors. You can only use the Herai applications and its contents for the purpose of holding and managing their Tokens. In particular, without prior written consent (or permit from relevant Open Source License) from us or the third-party licensors, no one shall use, modify, decompile, reproduce, publicly disseminate, alter, distribute, issue or publicly publish the abovementioned applications and contents (including Herai OSC). These Terms of Service shall not entitle you to any intellectual property rights, including the rights in relation to the use, for any purpose, of any information, image, user interface, logos, trademarks, trade names, internet domain names or copyright in connection with us or the Services.
8.3 No Waiver. Any failure by us to enforce these Terms of Service or to assert any right(s), claim(s) or causes of action against you under these Terms of Service shall not be construed as a waiver of our right to assert any right(s), claim(s) or causes of action against you.
8.4 Entire Agreement. These Terms of Service includes this Herai Terms of Service, Herai Privacy Policy, and other rules (including contents in the “Support” column) posted by us from time to time. Save for Herai Terms of Service, Herai Privacy Policy which are incorporated in these Terms of Service, these Terms of Service contains the entire agreement and the understanding between us and supersedes all prior agreements, understandings or arrangements (both oral and written) in relation to the use of Herai and the services in connection thereto.
8.5 Taxes
8.5.1 The use of Services shall be exclusive of all taxes that are applicable to, arising from, or in connection to your use of the Services in any jurisdiction (“Payable Tax”).
8.5.2 You shall be responsible for determining any Payable Tax and declaring, withholding, collecting, reporting and remitting the correct amount of Payable Tax to the appropriate tax authorities. You shall be solely liable for all penalties, claims, fines, punishments, or other liabilities arising from the non-fulfilment or non-performance to any extent of any of your obligations in relation to the Payable Tax.
8.5.3 We shall not be responsible for determining any Payable Tax and declaring, withholding, collecting, reporting and remitting the correct amount of Payable Tax to the appropriate tax authorities.
8.6 Governing Law. These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Singapore.
8.7 Jurisdiction. In the event of any dispute arising out of or in connection with these Terms of Service, including any question regarding its existence, validity or termination, the Parties shall first seek settlement of that dispute. In the event that such dispute is not resolved within a period of thirty (30) days from the commencement of such settlement process, such dispute shall be referred to and finally be resolved by arbitration in Singapore in accordance with the rules of the Singapore International Arbitration Centre (“SIAC”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The tribunal shall consist of a sole arbitrator to be appointed by the Chairman of the SIAC. The language of the arbitration shall be English. Each of the Parties irrevocably submits to the non-exclusive jurisdiction of the courts of Singapore to support and assist the arbitration process pursuant to the foregoing of this paragraph, including if necessary the grant of interlocutory relief pending the outcome of that process.
8.8 Contracts (Rights of Third Parties) Act. The Contracts (Rights of Third Parties) Act (Chapter 53B) of Republic of Singapore, as may be modified, amended or supplemented from time to time, shall apply to this. A person who is not a Party shall not have any rights whatsoever under these Terms of Service or to enforce these Terms of Service.
8.9 Severance. If any of part of these Terms of Service is rendered void, illegal or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and no further and, for the avoidance of doubt, the rest of these Terms of Service shall continue to be valid and in full force and effect.
8.10 Partial Invalidity. The illegality, invalidity or unenforceability of any provision of these Terms of Service under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.
8.11 Translated versions of these Terms of Service. Translated versions of these Terms of Service (if any) are provided for your convenience, and are not intended to revise the English version of these Terms of Service. If there is any discrepancy between the English version and non-English version of these Terms of Service, the English version shall prevail.
9 Others
9.1 You shall fully understand and conform to the laws, regulations and rules in your jurisdictions which are relevant to use of the Services.
9.2 During your use of the Services, if you come across any problems, you can contact us through the submission of your feedbacks on Herai.
9.3 These Terms of Service is accessible for all users on Herai. We encourage you to read these Terms of Service each time you log onto Herai.
9.4 As for any issues not covered in this Agreement, you shall comply with the announcements and relevant rules as updated by Company from time to time.
9.5 These Terms of Service shall become effective on 14 Mar 2023.
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