These Terms of Use (these “Terms”) govern your rights obligations while accessing, viewing, browsing, visiting or using the Website, which is made available to you free-of-charge subject to these Terms, except to the extent it is subject of a separate terms and conditions. These Terms do not set out terms of purchase and sale of our products, terms of provision of our services or rules of participation in our affiliate program. For respective terms please find the relevant set of terms and conditions, located here https://hito.xyz/policy_payment_&_refund.html

These Terms may be published in English as well as in other language versions. In the event of any discrepancies between the individual language versions of these Terms, the English version shall always prevail.

We reserve the right to change and/or amend these Terms from time to time as we see fit. Given this fact, you should check these Terms periodically.

By accessing, viewing, browsing and/or otherwise using the Website, you accept these Terms and agree to comply therewith. If you do not agree with these Terms you may not use the Website and you must immediately leave it.

If you violate any part of these Terms you may have your access canceled without prior notification and you may be permanently banned from accessing, viewing, browsing and using the Website.

1. DEFINITIONS

• 1.1. “Website” refers to the official Hito website, located at https://www.hito.xyz and any subdomains thereof.
• 1.2. “Visitor” and “you” refers to anyone accessing, viewing, browsing, visiting or using the Website.
• 1.3. “Hito” and “we” refers to the owner of the Website, Hito, Inc., a Delaware corporation.
• 1.4. “User Account” refers to the user account created by a visitor to the Website pursuant to these Terms to use various services available on the Website

2. PRIVACY POLICY

• 2.1. We represent that the collection of your personal data shall be limited as much as possible.
• 2.2. Any collection, storage, and handling of your personal data collected by us in connection with your accessing, viewing, browsing, visiting or using the Website, shall be governed by a separate set of terms on handling the personal data of buyers and other Website users, which can be found here https://hito.xyz/Website_Privacy_Policy.html

3. USER ACCOUNT

• 3.1. To use some sections of the Website or some of our services you may be required to create one or more dedicated User Accounts.
• 3.2.You are solely responsible for all activities that occur from your User Account and/or in connection therewith.
• 3.3.You acknowledge that you are responsible for protecting the User Account password information, for the protection of your computer, smartphone, or other device used to access the Website; and for any activity that occurs under your User Account due to your failure to protect such information. You must let us know immediately, if you suspect any unauthorized access to your User Account.
• 3.4.We reserve the right to refuse service or to delete your User Account and to remove or edit content submitted by you in the user area of the Website without prior notice and/or without any reason, unless specified otherwise herein or in other respective terms of our services. In such case the information listed and accessible in your User Account and respective user areas of the Website shall be lost.
• 3.5.If you submit any information to us through the Website, including in connection with the User Account registration, you represent such information is true, accurate and complete. Should any of your account change, you are obliged to update it immediately.

4. WEBSITE ACCESS

• 4.1.The availability of the Website is subject to our sole discretion and we do not guarantee the Website will be always available or uninterrupted. We may suspend the Website at any time for any reasons including but not limited to maintenance and repairs. We may discontinue the Website, its sections or its content for any reason without prior notice.
• 4.2.You are solely responsible for making all arrangements necessary to access the Website including use of compatible software and hardware.
• 4.3.We may terminate your access or suspend your right to access to all or part of the Website, without prior notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is in breach of these Terms.

5. ONLINE CONDUCT

• 5.1.You agree to use the Website only for lawful purposes. You are prohibited from posting on or transmitting through the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. You are also prohibited from sending or otherwise posting unauthorized commercial communications (such as spam) through the Website.
• 5.2.We reserve the right to prohibit conduct, communication, or content that we deem in our sole discretion to be unlawful or harmful to you, the Website, the Website users, our customers or any rights of Hito or any third party. We may without having to give a reason in our sole discretion remove or request the removal of any user content from the Website.
• 5.3.We may disclose any user content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Website; or (iii) to protect the rights or property of Hito its associates, our users and customers and/or you.
• 5.4.You must not attempt to introduce viruses or other malicious or harmful material to the Website or its visitors, to gain unauthorized access to the Website or servers connected to the Website or the servers storing the Website, or to attack the Website via a DoS or DDoS attack.
• 5.5.We may offer a possibility to communicate on the Website via forums, comments etc. In such case you are solely responsible for any communication you post on the Website. The views expressed by you or other users of the Website may not be our views or values.
• 5.6.For any information, like email addresses, shipping contacts or other information or data including text and pictures sent, transmitted, or uploaded by you on the Website that are subject to intellectual property rights, you agree to grant us and our respective contractors and business partners a free, non-exclusive, transferable, license to use, copy, digitally store, and distribute such user content and to prepare derivative works based on, or incorporate into other works also for commercial purposes, for the duration of the intellectual property rights.
• 5.7.The Website is in English only. Any other language version of the Website is not an official translation and we may not be held liable for any discrepancies in translation.

6. COPYRIGHT

• 6.1.You acknowledge that the Website contains information, data, software, photographs, graphs, videos, typefaces, graphics, music and other material (collectively, the "Content") that are protected by copyrights, trademarks, trade secrets, rights in databases, and other proprietary rights.
• 6.2.Except as expressly stated herein, you are not allowed to change, alter, copy, reproduce, distribute, republish, download, display, post, send, transmit or otherwise use (including “mirroring” and “framing” on other devices or servers) the Content or any portion of the Website itself in any form or by any means without prior written permission of Hito or the copyright owner (if different than Hito).
• 6.3.You may not download (other than page caching) or modify the Website or any portion of it including but not limited to any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Website or its Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools.
• 6.4.Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use the Website or any Content except when expressly stated herein.
• 6.5.You are hereby granted a limited, revocable, non-exclusive right to access, view and use the Website and its Content for your personal, non-commercial use only. On any copies of the Website or the Content you make, the proprietary notices must be kept. This right to access, view and use (license) terminates automatically if you breach any part of these Terms. Upon termination you must immediately delete all of the Website data and the Content in your possession or control.
• 6.6.You may not use any of our Content to link third parties to the Website or any other website unless we approve it.

7. TRADEMARKS

• 7.1.HITO Hardware Crypto Wallet, and any other marks which may or may not be designated on the Website by a "™" "®" "SM" or other similar designation, are sole property of Hito.
• 7.2.The trademarks may not be used by you without prior, written, consent of Hito or their owner (if different from Hito), including but not limited to the instances when they are used in connection with any other product or service, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Hito brand.
• 7.3.The graphics, logos, page headers, button icons, scripts, and service names are used on this Website under the license and/or permission of the authorized entity. All other trademarks that appear on the Website are the property of their respective owners, who may or may not be associated with us.

8. LINKS

• 8.1.We are not responsible for the content of any sites that may be linked to from the Website or any bulletin board or forum associated with us or the Website. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the Website is independent from us, and we have no control over the content of that other website.
• 8.2.In addition, a link to any other website does not imply that we endorse or accept any responsibility for the content or use of such other website. In no event shall any reference to any third party or third-party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.
• 8.3.You may link to the homepage of the Website in a fair and legal way that does not damage our reputation or suggests any form of association or approval on our part where there is none. We reserve a right to forbid any linking to the Website.

9. DISCLAIMERS AND LIMITATIONS OF LIABILITY

• 9.1.The Website is provided on an "as is", "as available" basis. We do not warrant that use of the Website will be uninterrupted or error-free.
• 9.2.We disclaim warranties and representations of any kind, whether expressed or implied including but not limited to warranty of the accuracy, integrity, or completeness of the Content provided on the Website. No oral advice or written information given by Hito shall create a warranty, unless expressly stated otherwise.
• 9.3.Under no circumstances shall any information on the Website or provided to you by us constitute financial, investment or professional advice, unless explicitly stated so.
• 9.4.You are above all solely responsible for your decisions regarding storing, buying, selling, exchanging, sending and receiving cryptocurrency coins and you shall always consider your financial circumstances and associated risks before obtaining coins of any cryptocurrency.
• 9.5.You represent in particular that you understand that the value of cryptocurrency coins may be extremely volatile and that exchange rate in respect of other cryptocurrencies or to fiat currencies may fluctuate significantly, which could lead to significant and sudden decreases in the value of your cryptocurrency assets.
• 9.6.You agree that your access to, viewing of, browsing, visiting or use of the Website is at your sole risk. Under no circumstances shall Hito be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the including but not limited to reliance by a user on any information obtained at the Website, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance.
• 9.7.You hereby acknowledge that some countries do not allow the exclusion or limitation of liability, in such countries liability is limited to the fullest extent permitted by law.
• 9.8.You agree to indemnify, defend, and hold Hito and its agents, employees harmless from and against every third-party claim and expense, including reasonable attorneys’ fees, related in any way to your use of the Website or your violation of these Terms.
• 9.9.We are not obliged to fulfill any of our duties or obligations under these Terms, if temporarily or permanently prevented by a force majeure, i.e. an event or circumstance that is extraordinary, unforeseeable and unpreventable by usual means and with proper care, and that occurred independently of our will; such force majeure event is, among other things, a serious hacking attack or power shortage.

10. APPLICABLE LAW, DISPUTE RESOLUTION

• 10.1.You agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern your visit of the Website, these Terms, the Privacy Policy and any dispute of any sort that might arise between you and Hito.
• 10.2.Any dispute relating in any way to your visit to the Website, to these Terms or to our Privacy Policy shall be finally decided before the courts of the County of New Castle, State of Delaware. Should you in any manner have violated or threatened to violate Hito intellectual property rights, Hito may seek injunctive or other appropriate relief in any court of our choice. You consent to exclusive jurisdiction and venue in such courts.

11. CONTACT US

• 11.1.If you have any questions about the Website or these Terms, including any complaints, you may contact us via email: mk@hito.xyz or by regular mail at Hito, Inc., attention: 919 North Market Street, Suite 950 City of Wilmington, County of New Castle, 19801 State of Delaware, United States.
• 11.2.When you use the Website, you are communicating with Hito You agreed to receive electronic communications related to your use of the Website. We may provide notices to you via email listed under your User Account or by notices on the Website, and those notices are deemed to be in writing for legal purposes and are effective on the date that we send or post them. As long as you access and use the Website, you agree that you will have, or have access to, the necessary software and hardware to receive such notices.

12. FINAL PROVISIONS

• 12.1.If any provision of these Terms shall become invalid or unenforceable, it shall not affect the validity or enforceability of other provisions, unless it is implied that the invalid or unenforceable provision is inseparable from other provisions.
• 12.2.You may not assign or transfer any of your rights or obligations assumed under these Terms or in any other way related hereto without our prior written consent.
• 12.3.These Terms, together with any other terms that you agree to when using the Website, comprise the entire agreement between Hito and you about your use of the Website.