This Owner TOS (the " Terms" or " Agreement") along with
the HAT Acceptable Use Policy (https://hatdex.org/hat-acceptable-use-policy)
and all other policies posted on the HATDeX Platform (the " Platform"), set out the Terms on which HAT Data Exchange Limited offers you access to and use of our Platform, services, products and applications (together the " Services").
You should read this Agreement carefully and should not accept these Terms or register for, access or use the Services unless you agree to the Terms. HATDeX does not store an individual copy of this Agreement entered into with you and we recommend that you save a local copy of this Agreement for your own record.
You accept the TOS and terms of other specified policies (listed above) when you actually start to use the Services. In this case you understand that you are bound by and HATDeX will treat you as bound by the TOS from the moment you start using the Services. We may change this Owner TOS from time to time in accordance with the terms of this Agreement.
If you do not agree with our Terms you must not use the Services.
1. About Us
1.1. The HATDeX Platform is operated, and the Services are provided, by HAT Data Exchange Ltd (" we", " us" or " our"). We are a private limited company registered in England and Wales under company number 09821157 and have our registered office at 8 Comberton Road, Barton, Cambridge, CB23 7BA.
1.2. To contact us, please email firstname.lastname@example.org or write to HAT Data Exchange Ltd, 8 Comberton Road, Barton, Cambridge, CB23 7BA.
1.3 OUR REGULATORS
1.3.1 We are regulated by the HAT community Foundation as a "HAT Platform Provider", a certified technology provider for the provisioning, issuance and vending of HAT Microservers, for the platform of data exchange between HAT Microservers and HAT-enabled applications and for the conduct of the HAT ecosystem.
1.3.2 We are regulated by the Information Commissioner's Office under registration number ZA244725 as our lead data protection authority globally for HATDeX Account data used to create HAT Microservers which is the only personal data that HATDeX holds.
2. About HAT Microservers
2.1. DEFINITION. A "HAT Microserver" is a personal software device that can be used to collect, store and ultimately control your data (as a HAT "Owner"). It consists of a single dedicated database wrapped with pieces of software code (Microservices). In using your HAT Microserver, you execute the pieces of software code that are sets of permissions and executions (collectively known as "the HMIs") that would enable you to use your microserver as a universal data profile to be used with applications and services that are HAT enabled.
2.2 DEFINITION. HAT Microserver Instructions (HMI) is a set of instructions given by a HAT owner to his/her HAT at the request of a HAT-enabled application. HAT Microserver Instructions ("HMI") are instructions to your HAT Microserver that:
2.1.1 permit the collection of your data from multiple Internet sources into your HAT Microserver database ("GET" permission)
2.1.2 permit the processing and transformation of data within your HAT Microserver ("PROCESS" permission)
2.1.3 permit the transfer of the data from within your HAT Microserver ("GIVE" permission)
2.1.4 permit the viewing of your HAT Microserver data ("READ" permission).
2.1.5 permit data to be written into your HAT Microserver data ("WRITE" permission).
2.1.6 Execute your Microserver code to create data debits
2.1.7 Execute your Microserver code to manage applications
2.1.8 Execute your Microserver code to manage your data and files
2.2. DEFINITION. "HAT issuers and vendors" are organisations that are able to issue a HAT Microserver, or vend a HAT Microserver (i.e. point to a link where a HAT Microserver can be acquired). In issuing or vending HATs, HAT issuers and vendors abide by the terms of this agreement.
2.3. When operating your HAT Microserver you interact with the HATDeX Platform. In doing so, you must comply with HATDeX Acceptable Use Policy ( https://hatdex.org/hat-acceptable-use-policy ). HATDeX has no access to your data and are not responsible for its contents, organisation, visibility and usage. HATDeX services (such as the HAT app) may facilitate the convenient execution of your HMIs.
2.4 SECURITY & USAGE OF YOUR HAT MICROSERVER
2.4.1. When you use the Services, you may be required to provide information about yourself before you can continue to use the Services. This information that HATDeX collects from you to set up your HAT Microserver is your HATDeX account data (" Your HATDeX Account Data"). Data in your HAT Microserver database is your data ("Your Data"). You agree to provide accurate, current and complete registration data and to update Your HATDeX Account Data as required in order to keep it accurate, current and complete.
2.4.2. We are a data controller and data processor for purposes of data protection law for Your HATDeX Account Data. However, we are neither a data controller nor a data processor for purposes of data protection law for Your Data. We simply enable you to claim, hold, transform and share Your Data by assisting you to easily execute the HMIs in your HAT.
2.4.3. Responsibilities: It is your responsibility to:
188.8.131.52 protect against unauthorised access to your HAT Microserver
184.108.40.206. not share, and otherwise ensure no-one else uses your HAT Microserver
220.127.116.11. not use any account data or account of any other Owner or person than your-self without permission of the Owner or person holding the respective account
18.104.22.168. keep your data in the HAT Microserver database useful and accurate through available HAT tools, apps and plugs and updating the said tools, apps and plugs when necessary
22.214.171.124. keep your password or other access information secret (your password and log in details are personal to you and should not be given to anyone else or used to provide shared access), and
126.96.36.199. generally, maintain good internet security practices.
2.4.4. You will notify HATDeX immediately at email@example.com upon becoming aware of any unauthorised use of any of Your Data or Your HAT Microserver Data or any other breach of security. If you think that your email account has been compromised you should change your HAT Microserver credentials, and in particular make sure your compromised email account does not allow access to your HAT Microserver.
2.5 DATA PLUGS AND APPS ON YOUR HAT MICROSERVER
2.5.1. DEFINITION. A HAT Data Plug ("Data Plug") is a third-party service that may or may not be part of our Services. Data Plugs are API-to-API services that enable you to transfer your data from a source platform where you generated data e.g. Facebook, to your HAT Microserver.
2.5.2 DEFINITION. HAT-enabled Application ("App") isa third-party service that may or may not be part of our Services. We make various "apps" available on the HATDeX Platform. Such applications are licensed and not sold to you and your licence to use the application will be dependent on your acceptance of additional terms (including in some instances payment terms) contained in an End User Licence Agreement that you will need to accept before using the application. Apps provide you with a service using a designated namespace in your HAT Microserver as data storage, and also enable you to exchange other HAT data with the App. You enable Data Plugs and Apps to act on your HAT Microserver by way of HMIs.
188.8.131.52. You agree that you will only authorise a Data Plug/App when you are not prohibited under this Owner TOS or any applicable law from obtaining the data concerned. We reserve the right not to execute the instruction or to disable any Data Plug/App for which you have not the right to obtain the data or that is in violation of the Terms of this Agreement or any applicable law.
184.108.40.206. You agree that when you enable a data plug/App, youconfirm theHAT Microserver instructions to be activated under based on the permissions granted and the tasks executed under the HMIs.
220.127.116.11. You can decide to disable a Data Plug/app at any time. The Data Plug will stop transferring the data concerned as soon as you disable the Data Plug and you will have no access to the App if you disable it.
18.104.22.168. You agree that we are not responsible for the accuracy of the data coming into the HAT through these data plugs/apps.
22.214.171.124. In enabling data plugs, you agree that you are requesting real time, portable, subject access from the data plug service provider under data protection regulation, should such a regulation be applicable to HAT owners. In enabling apps, you agree that the data you generate on the app and stored in your HAT Microserver is your data.
126.96.36.199. Data plugs may obtain data from a source platform (e.g. Facebook) where the data is generated. You agree that Data Plug service providers do not guarantee that the data obtained from the source platform is a complete account of data generated by you.
188.8.131.52. You agree that you will not amend any data within aplug or app namespace through any other means except through the data plug/app that is authorised to write into the namespace unless explicitly allowed by the data plug/app service provider to do so.
184.108.40.206. You agree that Data plug/App service providers do not guarantee that the data obtained from the source platform where the data is generated or from within the App is free from conditions of re-use and re-share by the HAT owner
2.5.3 DEFINITION. HAT-enabled tools ("tools") are codes that transform your data through computations such as analytic functions or algorithmic functions. These tools may or may not be part of our Services. These tools are uploaded into our Smart HAT Engine (SHE) service and do not interact with any other data except your data in the HAT Microserver.
220.127.116.11. You agree that tools that transform your data are allowed to write the data into your HAT Microserver database
18.104.22.168. You agree that we are not responsible for the accuracy of the data created by these tools.
22.214.171.124. You agree that the data created by these tools is part of your data and is subject to the terms of this agreement.
3. Rules Applicable to HAT Owner Services
3.1. DEFINITION. The "HAT Owner Services" are web or mobile applications that allow the HAT Owner to view the data in their HAT Microserver and easily execute the HMIs within the HAT. Except for performance improvements, Owner Services do not store any HAT personal data. Owner services are also called Z class applications under the HATDeX Rating scheme ( https://www.hatcommunity.org/hat-dex-rating) and they enable the HAT owner to execute HMIs for other HAT enabled applications and services upon instruction of the HAT owner. The right to operate owners services are given only to HAT Platform Providers who are tasked to maintain the privacy, security, ownership rights and instruction models of HATs by the HAT Community Foundation.
3.2. We make available to you various Owner Services, compatible with different computer Operating Systems, to enable you to manage the HMIs within your HAT Microserver. Some of the HAT Owner Services are also made available as an open source programme for others to build on.
3.3. HAT Owner Services extensions are additional software developed by us or third parties that can modify and/or enhance the functionality of the HAT Owner services (the " Extensions"). Extensions may require the collection and processing of your personal and browsing data. You agree that we may, without notice, look for available updates to Extensions, download them and install them automatically. We reserve the right to disable or remove Extensions that do not comply with the Terms of this Agreement or any applicable law.
4. Rules Applicable to HAT Microserver Instructions (HMIs)
4.1. HMIs will be presented to you for every HAT enabled application that wishes to interact with your HAT Microserver and your confirmation is required before the request is fulfilled. HMIs will be presented to you through a standard interface with the following information:
- the HMI ID and version number for the application requesting it
- The date and time the HMI ID and version is confirmed by you
- The Instructions (permissions and executions) to be carried out including any data debits (see below) as well as the list of data attributes requested through API calls
- the HATDeX rating declared by the application at the point of exchange
4.2 It is not the responsibility of HATDeX to verify the HATDeX rating declared by the application. If you discover the rating declaration to be false, you should report it immediately so that the application can be investigated
4.3 When you confirm the HMI, details of the HMI will be logged by HATDeX as a confirmation ofthe exchange between you and the application.
5. Rules Applicable to Data Debits
5.1 DEFINITION. A Data Debit is the opening of a channel for the extraction of your data from your HAT Microserver through API access. You are able to share the data contained in your HAT Microserver when you confirm a set of HMIs. If you do so, a data debit channel will be created and named after the app of the data acquirer and our services will transfer the data to the destination you permit. A data debit is a contract that gives an application provider the license to use the set of data requested. We execute a transfer only upon theconfirmation of HMIs. Please think carefully about what you share because once it has been transferred you may no longer have control of the data. You are responsible for any data shared and are liable for any third-party data, including personal information of others, should you have them within your HAT.
5.1.1. For more information on Data Debits check https://developers.hubofallthings.com/guides/data-debits/.
5.2 DATA ACQUIRERS AND DATA OFFERS
4.2.1. DEFINITION. A Data Acquirer is a corporation, company, partnership, LLP or any other incorporated entity or sole trader acting in a business capacity. Data Acquirers can make Data Debit Requests that set out the terms on which the Data Acquirer is willing to acquire Your Data in return for cash or other benefits.
4.2.2. When you confirm your HMIs to create a data debit, you expressly authorise us to fulfil the data transfer for which the request is made by the Data Acquirer issuing the Data Debit request. We will only fulfil the transfer with the third party issuing the request. We have no access to the content of the data being transferred. If cash is being paid, we will credit the price paid by the Data Acquirer on your payment instrument within 5 working days from the date of acceptance (subject to any terms set by the Data Acquirer).
6. Your Data
6.1. To find out more about what we do with the information and content you submit to your HAT Microserver (Your Data) and the HATDeX Platform (Your HATDeX Account Data), please read our Privacy Notice available at https://hatdex.org/privacy-policy.
6.2. You agree to comply with all applicable laws, including, but not limited to, applicable privacy and data protection laws.
7. Intellectual Property Rights of Your Data through Sui Generis Database rights
7.1 DEFINITION. "HAT Database". A database refers to a collection of independent works, data or other materials, which have been arranged in a systematic or methodical way, and have been made individually accessible by electronic or other means. Your HAT database holds your data, documents and other works you deem to be yours within the HAT Microserver.
7.2. When you create your HAT Microserver, a database will be generated for you through HATDeX platform services. When you first login to your HAT, the copyright to the database is deem to have been transferred by us to you. You therefore retain any right, title or interest in the content of the database ("Your Data") including any trade secrets, inventions, trademarks, copyright and other intellectual property. We have no rights over Your Data except for the limited rights necessary to deliver the Services.
8. Intellectual Property Rights in the HATDeX Platform
8.1. The HATDeX Platform is protected by intellectual property rights in accordance with English and other jurisdictional laws. HATDeX own and shall be entitled to all proprietary rights which may exist in the Services, including all legal right, title and interest in and to the Services, and all intellectual property rights worldwide, regardless of whether registered/legally secured or not.
8.2. Except for the rights granted to you in this Agreement, HATDeX retains all rights in or pertaining to the Services. You are not permitted to:
7.2.1. grant any other user or third party a license to use the Services or otherwise to access your account or the Services
7.2.2. use the Services to provide services to other users or any other third parties except with prior approval from HATDeX.
7.3.1. You are not entitled to use any of HATDeX's (including HAT) trade names, trademarks, service marks, logos, domain names, or other distinctive brand features ("HATDeX Brands") without HATDeX's prior written consent. To the extent that you are entitled to use HATDeX Brands under a separate written agreement with HATDeX, such use is only permitted in accordance with such separate agreement.
7.3.2. You are not permitted to remove, obscure, conceal, modify or otherwise alter any proprietary rights notices, signs, trademarks, service marks, trade names, logos or other marks of HATDeX, HATDeX's affiliates or any third party (including copyright and trade mark notices) which pertain to, are affixed to or which are contained within the Services and you agree not to use any such signs, trademarks, service marks, trade names, logos or other marks of HATDeX, HATDeX's affiliates or any third party in a way that is intended to, likely to or foreseeable to mislead others or cause confusion about the owner, license holder or authorised user, as the case may be, of such marks, names or logos.
9. Our Obligations & Limitations on Liability
9.1. We will provide your HAT Microserver and the Services in accordance with this Owner TOS and all applicable laws, including, but not limited to, applicable privacy and data protection laws. Except as set out in this Owner TOS and to the fullest extent permitted by law, we make no warranties, either express or implied, about the Services which is provided 'as is'.
9.2. To the fullest extent permitted by law, we or any the parties identified above shall not under this Owner TOS be liable for:
9.2.1. any indirect, special, incidental, exemplary, or consequential loss or damages of any kind
9.2.2. any loss of profit or income
9.2.3. any loss of business or business opportunity
9.2.4. any loss or corruption of data
9.2.5. any anticipated savings or revenue
9.2.6. any punitive damages
9.2.7. any loss of goodwill or reputation
9.2.8. any other loss that could have been avoided by the damaged party's use of reasonable diligence.
9.3. We will not be in breach of this Owner TOS if the failure to perform any of our obligations is due to an event beyond our control, such as failure of part of the power grid, ISP equipment failure, host equipment failure, communications network failure, power failure, legal restrictions and censorship, failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes, terrorism, or other events of a magnitude or type for which it is not possible for us to take precautions against.
9.4. If despite the exclusions and limitation above we are found liable by a court of law or regulatory authority for any loss or damage which arises out of or in connection in any way connected with our performance of this Owner TOS, then our maximum total aggregate liability will in no event exceed one month's subscription fee.
10. Test Services
9.1. Please note that we occasionally release services that we would like to test or evaluate on the Platform. They will be marked as 'beta', 'preview', 'early access', 'evaluation' or similar terms (" Test Services"). You acknowledge that such Test Services may not be as reliable as other HAT services or features provided by us and subject to this Owner TOS.
11. Downloading or Using Software for Services
11.1. Some of our Services allow you to download and use client software ("Software"), which may be updated automatically. As long as you comply with this Owner TOS you have a limited, non-exclusive, non-transferable, revocable licence to use the Software solely to access and use the Services and Platform.
11.2. To the extent any component of the Software may be offered under an open source licence, we will make that licence available to you and the provisions of that licence may expressly override some of the terms of this Owner TOS.
11.3. Unless the following restrictions are prohibited by law you agree not to:
10.3.1. reverse engineer the Software
10.3.2. decompile the Software
10.3.3. use the Software for any purpose other than accessing or using the HATDeX Platform
10.3.4. attempt any of the above restricted activities
10.3.5. assist anyone in carrying out or attempting to carry out any of the above restricted activities.
12. We May Make Changes to the Terms
12.1. We may revise our Terms from time to time and will post the most current version on our website when the revised Terms become effective. We will disclose any change of the Terms of Service within 2 months of change taking effect.
12.2. If there are any material changes to our Terms that affect your legal rights as an Owner of a HAT Microserver or user of DataBuyer, we will notify you by sending a message to the email address associated with your account at least 15 days before the changes take effect.
12.3. You accept the revised Terms by continuing to use or access the Services after any revisions come into effect. In this case you are bound by and HATDeX will treat you as bound by the revised Terms from the date on which the revised Terms entered into effect. You are free to end this Agreement at any time should you choose not to accept the revised Terms.
12.4 Your acceptance of these terms and the date of acceptance are logged in your HAT Microserver within HATDeX namespace. You may request a copy of the terms at any time by emailing firstname.lastname@example.org under regulation 49 of PSR 2017.
13. Changes to the HATDeX Platform and Services
13.1. We may update and change the HATDeX Platform from time to time to, amongst other things, reflect changes to our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.
13.2. When you use the Services, you will at all times observe these Terms and any applicable law or regulation in the relevant jurisdictions including the jurisdiction where you are a resident or from where you are using the Services. HATDeX may at any time and in its sole discretion without prior warning or notice:
13.2.1. change the Services or suspend and/or cease providing the Services or any part of the Services
13.2.2. disable or suspend your use of the Services including access to your HAT Micro-server and any files or other content contained in your account either temporarily or permanently
13.2.3. set a limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of the Services or any part of the Services to you
13.2.4. pre-screen, review, flag, filter, modify, refuse, reject, block access to or remove any or all Content from the Services.
13.3. HATDeX will use commercially reasonable efforts to (a) ensure that the Services are available to you without undue disruption, interruption or delay, and (b) keep any disruption, interruption or delay of the Services to a minimum.
14. Maintenance & Outages
14.1. We reserve the right to conduct activities necessary for the maintenance and support of the HATDeX Platform. You agree to reasonably cooperate with us to investigate service outages or suspected breaches of the Terms or applicable laws.
14.2. HATDeX may automatically download and install updates from time to time (including firmware updates for the devices you registered with the Services) (" Software Updates"). Such Software Updates may be in various forms and are generally provided for the purposes of improving the performance, security and reliability of the Services or any product or device used to access the Services. Such updates may include bug fixes, enhancements to the Services or parts thereof, products or devices and updates and enhancements to any software previously installed (including entirely new versions).
15. Suspension & Termination
14.1. This Agreement remains in effect unless and until terminated either by you or HATDeX, as the case may be. HATDeX may terminate this Agreement at any time by providing a 30 days prior written notice of cancellation to the email address provided to HATDeX as part of your registration for a HAT Owner Account or by any other suitable means which ensure that you will be able to take notice of the cancellation.
15.2. HATDeX is entitled to suspend access and use of your HAT Microserver and Services or terminate our agreement with you without observing any notice period if:
15.2.1. you are in material breach of this Owner TOS
15.2.2. you have clearly demonstrated (regardless of whether directly or through your actions or statements or otherwise) that you do not intend to comply with the Terms
15.2.3. you fail to cooperate with our investigations relating to the provision of the HATDeX Platform
15.2.4. necessary to prevent significant harm to the Platform or other users
15.2.5. we are required by law or by a governmental authority to suspend access and/or use of the Platform.
15.3. If you received a free HAT Microserver we reserve the right to also terminate your ac-count if you did not log into your HAT Microserver at least once a week after your first 90 days of Account opening. We will provide you with reasonable notice if we suspend or terminate your access and/or use of the HATDeX Platform.
15.4. We may at our discretion decide to cease providing access to the Services in the juris-diction where you reside, or from where you are attempting to access the HATDeX Plat-form. In such an instance we will provide you with a prorated refund of any prepaid payments you have made for your HAT Microserver.
15.5. You may terminate your HAT Microserver by:
14.5.1. sending notice in writing to email@example.com confirming such termination (please note it may take up to 14 days for us to action your request to terminate your account)
15.6. Whenever possible we will provide you with notice and a reasonable opportunity to export Your Data from your HAT Microserver. Upon termination of this Owner TOS:
14.6.1. the rights granted by us to you will cease immediately
14.6.2. any provision of the Terms which expressly or by implication is intended to come into or continue in force on or after termination will survive.
15.7. Suspension or termination of this Agreement shall have no prejudice to any rights, obligations and liabilities that you or HATDeX have accrued or incurred during the term of this Agreement.
15.8. You are not permitted to use the Services if you do not accept the revised Terms or after this Agreement comes to an end, for example, due to termination by either you or HATDeX.
16. Fraudulent Activities
16.1 Fraudulent activity on the HAT ecosystem could be individuals using a HAT Microservers where they are not authorised to do so, individuals pretending to be someone they are not, pulling data from data plugs that are not theirs, using an app with a HAT Microserver that do not belong to them or other fraudulent activity that seeks to deceive to secure unfair or unlawful gain, or to deprive a HAT owner of a legal right.
16.2 If you suspect an incident of fraud, you can report it by emailing us at firstname.lastname@example.org with details of the fraud.
17.1. If you are least 18 years old you can register for a HAT Microserver. If you are under 18 a parent or guardian must sign on your behalf and the adult HAT will be linked to the minor's HAT. Please note that not all HAT Providers are able to provide HATs for minors. Please check that your HAT Provider has that provision before you sign up a minor for a HAT, or if you are below 18 years old.
18. Waiver, Severability & Assignment
18.1 If we fail or delay to enforce a provision of the Terms this failure or delay is not a waiver of our right to do so later on. If a provision of the Terms is found to be unenforceable by a court, such provision shall be modified and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law. The remaining provisions of the Terms will remain in full force and effect. You may not transfer, assign or otherwise dispose of any of your rights or obligations under this Owner TOS whether by operation of law or otherwise, and any such attempt will be null and void. We may transfer, assign or otherwise dispose of any of our rights and obligations under this Owner TOS without your consent. We may also assign this Agreement in its entirety, without your consent, to our successor in interest in connection with a merger, reorganization, or sale of all or substantially all assets or equity. This Owner TOS shall bind and inure to our benefit, our successors and permitted assigns.
19. Entire Agreement & Third Parties
19.1. This Owner TOS constitutes the entire agreement between you and us when it comes to the subject matter of this Owner TOS and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Owner TOS.
20. Dispute Resolution
20.1. Our approach is to resolve any disputes between us without going to court and you agree that in the case of any disputes we will resolve such a dispute using the following escalation process. If you only wish to raise a complaint then please follow the process below.
19.1.1. Step 1: You contact us at email@example.com or we contact you using the email address that you selected when registering for a HAT Microserver. The purpose of the notice is to let each other know of the dispute and provide information as to what it is about. We or you will acknowledge receipt of such notice as soon as reasonably practicable and, in any event, no more than 7 days from the day that the notice is received (" Notification Date").
19.1.2. Step 2: We discuss together and make all reasonable efforts to try and resolve the dispute between us.
20.2 If you are unsatisfied with how we have handled your complaint, you can write to the HAT Community Foundation, which is the regulator of the HATDeX Platform at the following email address: firstname.lastname@example.org. We do not have a formal dispute resolution provider.
20.3 If we are not able to resolve the dispute between us within 30 working days from the Notification Date then either party will be entitled to go take legal proceedings in a court of law.
21. Disputes with Third Parties
21.1. The Services may contain hyperlinks to content resources and services of third parties, including other websites. HATDeX is not responsible for and has no control over the con-tent (including advertisements, products and other materials) provided, made available and/or displayed to you under these circumstances and is not liable for any damage or loss incurred by you due to or as a result of the content (including any reliance by you on the availability, accuracy, applicability or completeness of the content) which is made available to you, provided to you or displayed to you through third party sources.
21.2. All content that is made available in the Services or accessible as part of or by the use of the Services (including audio and sound files, data files, images, music, photographs, software, videos and written text) ("Content") is entirely the responsibility of the originator of such Content. The Content may include advertisements, promotional material and documents or other sponsored Content.
21.3. You understand that by using the Services you are exposed to the risk that you may find some Content offensive, indecent or objectionable and that any use of the Services as regards such exposure is entirely at your own risk.
21.4. HATDeX bears no responsibility for the policies and practices of third parties on the col-lection and use of your information. When your information is shared with third parties in accordance with this TOS, the collection and use of such information by third parties will be subject to their policies and practices as well as laws applicable to them.
21.5. You may from time to time and as a result of or through the use of the Services purchase or avail yourself of services, goods or software which is provided to you by a third party. Your use of such other services, goods or software may be subject to separate terms and conditions between you and the respective third party. This Agreement does not affect your legal relationship with that third party and HATDeX is not liable or responsible for any services, goods or software provided to you by any third party.
21.6 The Services also enable HMIs that would enable you to exchange data and acquire data to/from third parties. HATDeX is not responsible for and has no control over the requests for HMIs made available and/or displayed to you under these circumstances and is not liable for any damage or loss incurred by you due to or as a result of the content (including any reliance by you on the availability, accuracy, applicability or completeness of the HMIs which is made available to you, provided to you or displayed to you through third party sources.
22. YOUR WARRANTIES AND REPRESENTATIONS
22.1. You are entirely responsible for your data and for any consequences arising in connection with your data including any loss or damage suffered or incurred by HATDeX and HATDeX's affiliates). In particular, you warrant and represent to HATDeX that:
22.1.1. You are the owner of all rights pertaining to your data or otherwise authorised to grant HATDeX and other apps your data license should you agree to a data debit
22.1.2 Your data will not infringe any intellectual property or other third-party rights
22.1.3. Your data will not contain any viruses or other harmful software, code or similar means and de-vices which could damage, harm, disable or otherwise impact or limit the function and performance of the services and/or any device accessing your data. Regardless of whether this device belongs to HATDeX or any other user or third party including server, networks nodes or any similar equipment
22.1.4 Your data will comply and conform to any age classification rules and requirements (including accurate and adequate classification and rating of any user content, as the case may be) under the laws of any country, including the country in which you are a resident or from which you are using the services
22.1.5 The use of your data by HATDeX or HATDeX's affiliates, if shared through data debit will. not impose any obligation upon HATDeX or HATDeX's affiliates to pay any kind of monetary contribution (including license fees, dues or otherwise) to any third party (in particular collecting societies) unless explicitly stated in a separate agreement
22.2. You agree to indemnify and hold harmless HATDeX and HATDeX affiliates from any loss, damage, liability or expense incurred by HATDeX and HATDeX affiliates as a result of any breach of these warranties.
23. HATDeX's warranties and representations
23.1. Unless otherwise expressly stated in this agreement, HATDeX, HATDeX affiliates, and its suppliers, partners and/or licensors provide the services on best effort basis only and exclude all warranties and conditions of any kind whether expressly or implied. In particular but without limitation, HATDeX, HATDeX affiliates, and its suppliers, partners and/or licensors do not warrant or represent that:
23.1.1. The services are fit for any purpose or meet your requirements or are provided to you without any errors or deficiencies or that they are in compliance with any quality levels, as the case may be
23.1.2. The services are available to you at any time and provided to you without disruption, interruption or delay
23.1.3. The services do not infringe any copyright or violate any laws whether in the country where you are a resident or elsewhere in the world
23.1.4. Any information (whether oral or written) obtained by you from HATDeX or as a result of your use of the services (including any materials or products) will be suitable, accurate, complete, or reliable
23.1.5. That any deficiencies in the services, including any defects in performance, operation or functionality of the services or any software provided to you as part of the services will be fixed, corrected or otherwise remedied.
23.2. Any documents or material (including any software and firmware updates) downloaded, installed or otherwise obtained through the use of the services are provided by HATDeX "as is" and at your own risk. HATDeX is not responsible for any damage to your mobile phone or mobile phone's, software, computer system or other device or device's software or any loss of data that is caused by or results from the download and/or use of any such documents and/or material.
24. Your liability
24.1. You are entirely responsible for any breach of your obligations under:
23.1.1. These terms and conditions
23.1.2. Any applicable law or regulation in the relevant jurisdictions, including the jurisdiction where you are a resident or from where you are using the services.
24.2. And for the consequences of any such breach, including any loss or damage which HATDeX or any third party may incur or suffer. HATDeX will have no responsibility to you or to any third party in respect of such breach.
25. HATDeX's liability
25.1. Subject to clause 23.3, HATDeX and HATDeX affiliates are not liable to you, regardless of the legal grounds, in particular whether in contract, tort (including negligence) or any theory of liability, and whether or not the possibility of such damage or losses has been notified to HATDeX, for any loss or damage as a result of:
25.1.1. Any breach of the terms and conditions of this agreement or any other agreement or contractual relationship between HATDeX and you which is attributable to negligence on the part of HATDeX, HATDeX affiliates and its suppliers, partners and/or licensors
25.1.2. Any reliance placed by you on the suitability, accuracy, completeness, reliability or existence of any (a) services (including any software, information, documents, materials made available to you as part or in course of the usage of the services) or (b) advertising or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising (including any promotional material) is made available on or by your use of the services
25.1.3. Any changes, modifications, extensions or limitations (including any suspension of your use of the services, access to your HAT Microserver and HATDeX account data) to the services, or any permanent or temporary cessation in the provision of the services (or any part of them)
25.1.4. The use of your data by any other person than yourself (regardless of whether with or without your knowledge). You are fully responsible and liable to compensate HATDeX for any damage and/or loss incurred due to the use of your data by someone else.
25.2. In the event that HATDeX or the HATDeX affiliates are liable for a breach of these terms and conditions, HATDeX's liability shall be limited to one month's subscription fee.
25.3. Nothing in these terms and conditions shall exclude or limit HATDeX's:
23.3.1. Liability for death, personal injury or fraud or in accordance with any product liability act
23.3.2. Warranty or liability for damages or losses which may not be lawfully excluded or limited by applicable law. If the laws in the user's jurisdiction do not allow the exclusion of certain warranties, terms or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages, only the limitations which are lawful in that jurisdiction will apply to the user and HATDeX's liability and warranty will be limited to the maximum extent permitted by applicable law.
26. Force Majeure
26.1. HATDeX is not liable or responsible for any failure to perform, or delay in performance of any of HATDeX's obligations under this Agreement that is caused by events outside HATDeX's reasonable control ("Force Majeure Event"), in particular (without limitation) (a) unavailability of public or private telecommunication networks (b) acts, decrees, legislation, regulations or restrictions of any government or (c) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attacks or threats of terrorist attacks, war (whether declared or not) or any natural disaster.
26.2. HATDeX's performance under this Agreement is deemed to be suspended for the period that Force Majeure Event continues, and HATDeX will have an extension of time for performance for the duration of that period.
26.3. HATDeX will use its reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which HATDeX's obligations under this Agreement may be performed despite the Force Majeure Event.
27. What Else You Should Know and Understand
27.1. SPECIAL TERMS AND CONDITIONS:
27.1.1. When you register for a Service you may be presented with special terms and conditions which, among others, describe specific features and characteristics of the Service and may stipulate additional legal provisions (collectively referred to as "Special Terms").
27.1.2. Any Special Terms apply in addition and in conjunction with these Terms and Conditions. In the event of a conflict between these Terms and Conditions and any of the Special Terms, the Special Terms shall take precedence over these Terms and Conditions.
27.2. LANGUAGE OF THIS AGREEMENT:
27.2.1. HATDeX may provide you with a translation of the English version of this Agreement. This translation is provided for your convenience only. In the event of any conflict be-tween the English language version and the translation version of these Terms and to the extent permissible by applicable law, the English language version takes precedence over any translation version.
27.3. PROCEDURE FOR MAKING CLAIMS AND NOTICES REGARDING INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS AND OTHER RIGHTS:
27.3.1. HATDeX may respond to notices of alleged copyright infringement or violation of other laws in accordance with applicable law and may terminate, suspend or block access (either temporary or permanently) to accounts of users who repeatedly infringe copyright laws or violate other applicable law.
27.3.2. Any notices regarding any copyright infringement or violation of other laws by the Services, any content provided with or displayed in the Services or any user Content should be sent to email@example.com.
27.4.1. The Services may contain information which is confidential to HATDeX including, with-out limitation, all information designated as confidential or recognisable as trade or business secrets or for other reasons recognisable or made available to you as confidential.
27.4.2. Unless stated otherwise in these Terms you will (a) keep such information confidential for an unlimited period of time and not disclose such information without HATDeX's prior written consent and (b) neither record or otherwise utilise such information unless required for the purposes of this Agreement.
27.4.3. Clause 25.4.1 shall not apply in the event that you are required to disclose information which is confidential to HATDeX according to applicable law. In this case and to the extent permissible by applicable law, you will notify HATDeX immediately of any disclosure of any information which is confidential to HATDeX.
27.5. GENERAL PROVISIONS:
27.5.1. HATDeX will rely only on the terms expressly stated in these Terms and Special Terms in connection with particular Services provided by HATDeX. Any representations, statements or agreements made or entered into elsewhere, whether directly or indirectly, written or oral or in advertising are not binding towards HATDeX unless expressly confirmed in writing by HATDeX to you.
27.5.2. HATDeX may provide you with notices (including notices relating to changes to the Agreement or termination of the Services or parts thereof) by email, ordinary mail, or postings on or via the Services.
27.5.3. If any provision of this Agreement is held to be invalid, illegal or unenforceable (in whole or in part) as determined by a court of law having jurisdiction to decide on this matter, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
27.5.4. Each of HATDeX's Affiliates shall be a third-party beneficiary to the Agreement and shall be entitled to directly enforce and rely upon any provision of this Agreement which confers a benefit on (or rights in favour of) them. Subject to the foregoing, no other person shall be a third-party beneficiary to this Agreement.
27.5.5. This Agreement and your relationship with HATDeX under this Agreement shall be governed and construed in accordance with the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the English Courts.
26.6.1 from time to time, HATDeX will use your HATDeX Account data to communicate with you on system updates and other important information about your HAT Microserver. We will do so over email and the HAT app. You will need to include HATDeX system email into your contacts to insure the emails do not go into a spam or junk folder and you would need to access the HAT app to receive the notification. We will be contacting you in the English language.