Terms & Conditions

1. About this Agreement

These terms of use and user agreement (collectively, the “Agreement”) constitutes a legally binding agreement between Hashtransfer, Inc., a Delaware corporation (“Hashtransfer” or “we” or “us”) and you (or “you” or “your”) and govern your use of Hashtransfer.com, the Hashtransfer platform, and all services provided in connection with the site and platform (collectively, the “Platform”). The Platform intends to provide ecommerce capabilities that allow for the sale and purchase of certain electronic goods (the “Digital Goods”) to third party users of the Platform (either sellers or purchasers, as the case may be; collectively, the “Users”).

Please read this Agreement carefully. By using our tool Hashtransfer, completing a transaction using the Platform, browsing Hashtransfer.com, and/or downloading Hashtransfer’s mobile application(s), you represent that (1) you have read, understand, and agree to be bound by this Agreement; (2) you are of legal age to form a binding contract with Hashtransfer; and (3) you have the authority to enter into this Agreement as yourself or on behalf of a Principal (as defined in Section 3.1.1) and to bind such Principal to this Agreement. If you do not agree with the terms of this Agreement, please do not use the Platform any further.

Please also read our Privacy Policy, which explains how we collect, use, and share your personal information and/or data.

PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY US IN OUR SOLE DISCRETION AT ANY TIME. When changes are made, we will make a new copy of the Agreement available on or through this site. Except as stated elsewhere or as required by law, court order, or otherwise (in which case, all amended terms shall be effective immediately and your continued use of the Platform signifies and will be deemed your assent to and acceptance of the revised Agreement), all amended terms shall automatically be effective thirty (30) days after they are initially posted. When Hashtransfer amends this Agreement, Hashtransfer will make reasonable efforts to provide you with general, not specific, notice of such changes by posting an announcement at on its site, and/or notifying you through electronic mail/delivery. Such announcement shall be maintained for no less than thirty (30) days following the effective date of such amendment. If you do not agree with the amended terms and, accordingly, the Agreement, please do not use the Platform any further. Nonetheless, we suggest that you regularly check this site to view the then-current Agreement. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a “writing” does not include an email message and a signature does not include an electronic signature.

2. Hashtransfer Services

Upon upload a file, Hashtransfer will create a unique file page of yours in order to sell an item. This single product is buyable and downloadable by anyone who enters the page.

3. Fees, Balance Redemption, Taxes, and Conversion

3.1 Fees. Hashtransfer collect a per transaction fee (the “Hashtransfer Fee”) equivalent to 3% the sum of (the Retail Price).

The details of the fees with respect to Digital Goods and Physical Products are as follows:
3.1.1 Digital Goods. With respect to your Digital Goods, you may upload a digital file to the Platform and Promote the Digital Good at a retail price determined by you, in your sole and absolute discretion (the “Retail Price”). Upon receiving a Buyer’s offer to purchase the Digital Good, Hashtransfer will immediately undertake technological efforts to digitally duplicate the Digital Good (with the result, the “Digital Duplicate”) and purchase such Digital Duplicate from you at a price equivalent to the Retail Price minus the Hashtransfer Fee. The Wholesale Price will be paid to you.

4. Use of the Platform.

When you use the Platform, you assent that:
4.1 You will not, or attempt to, make any unlicensed or unauthorized use of, or otherwise infringe violate or misappropriate, any patent, copyright, trademark, trade secret, right of privacy, right of publicity, or other intellectual property or proprietary right (collectively, “IP Rights”) of any entity or individual, including, without limitation, incorporating any original, variation or misspellings of any third-party trademarks, service marks, creative assets, or other brand identifiers without proper authorization;

4.2 You will not, or attempt to, Promote or Deliver Digital Goods that: (i) violates, or may violate, the rules or policies of Card Networks or payment partners; (ii) is listed as Prohibited Products and Activities; (iii) constitutes illegal activity or is illegal; (iv) promotes or encourages discrimination based upon race, sex, religion, nationality, disability, sexual orientation or age; or (v) targets, or intends to distribute to, children under the age of thirteen (13) years old;

4.3 You will not, or attempt to, defame or impersonate any entity or person, including, without limitation, copying the “look and feel” of any third-party website or branding, or conveying or implying that you are operating a third-party website or entity;

4.4 You will not, or attempt to, probe, exploit, disable, avoid, deactivate, remove, circumvent, crawl, scan, penetrate, or test the integrity and vulnerability of the Platform in any manner, including any client or server machine, or other security or authentication measures and safeguards;

4.5 You will not, or attempt to, disassemble, reverse engineer, or decompile any part of the Platform;
4.6 You will not, or attempt to, embed, insert, include, or disseminate any viruses or other harmful, or potentially harmful, data or technology into or through the Platform, including, without limitation, for the purposes of disrupting, damaging, or interfering with the Platform and/or other users of the Platform;

4.7 You will undertake best efforts to ensure that all communications and/or representations you make in connection with your Digital Good(s) will: (i) be accurate and contain all disclosures and disclaimers necessary to prevent such communications and/or representations from being false, deceptive, or misleading; and (ii) otherwise comply with all applicable laws, regulations, advisories, and policies related to consumer protection;

4.9 You will not require or suggest that a Buyer agree to any terms that reduce or limit Hashtransfer’s return and refund policy (see Section 7, below);
4.10 You will promptly: (i) respond to inquiries from Hashtransfer; (ii) notify Hashtransfer of any regulatory or legal complaints, or threats of such complaints, that you receive in connection with or in relation to a Digital Good; and (iii) in connection with (ii) directly above, assist, at your sole cost and expense, in taking any appropriate or necessary actions reasonably requested by Hashtransfer to respond to and/or resolve such complaints;

4.11 You will comply with all applicable laws, regulations, court orders, third party rights, applicable industry requirements (including, but not limited to, any and all applicable provisions of the Visa International Operating Regulations, MasterCard Merchant Rules, and PCI compliance standards), and any Hashtransfer policy or standard that may be issued from time to time.

5. Availability of Services, Suspension and Termination

Subject to the terms and conditions of this Agreement and Hashtransfer's policies and procedures, Hashtransfer shall use commercially reasonable efforts to provide the Platform in a manner that will not disrupt your business. You acknowledge and agree that from time-to-time, the Platform may be inaccessible or inoperable for reasons including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs; or (iii) causes beyond the reasonable control of Hashtransfer or that are reasonably unforeseeable by Hashtransfer, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that Hashtransfer is not liable for interruptions to the availability of the Platform and further acknowledge that Hashtransfer does not guarantee access to the Platform on a continuous and uninterrupted basis.

6. Marketing Restrictions

6.1 CAN-SPAM Act. If you send emails, directly or indirectly, in connection with any Digital Good, then you agree, acknowledge, represent and warrant that all such emails, and procurement of email addresses thereto, shall be in compliance with all applicable federal and state laws and regulations regarding the use of electronic messages, including without limitation the Controlling the Assault of Non-Solicited Pornography and Marketing Act and the Children's Online Privacy Protection Act.

7. Hashtransfer's IP Rights

Except as expressly permitted by Section 10.1 below, you may not use Hashtransfer's name, trademarks, service marks or any other IP Right of Hashtransfer in any manner whatsoever to suggest association or affiliation with or endorsement by Hashtransfer without the express prior written consent of Hashtransfer, which Hashtransfer may withhold at its sole discretion.

7.1 Permissible Uses of Hashtransfer IP Right. Subject to the following terms and conditions, Hashtransfer grants you a limited, revocable license to use Hashtransfer's name pursuant to the following usage guidelines (and other expressly permitted guidelines, as may be the case in the future) in connection with such use: (i) as a watermark, Internet search engine description, keyword, search term or seeding element with any Internet search engines or keyword-triggered advertising programs; and (ii) in metatags or hidden text, in each case solely for the purpose of driving traffic to the Platform to Promote your Digital Good or Physical Product. Hashtransfer may revoke the foregoing license and/or provide restrictions upon your use of Hashtransfer's name, including requiring the use of such disclaimers as Hashtransfer may provide, in connection with your use of Hashtransfer's name, at any time and for any reason in Hashtransfer's sole discretion.

7.2 Reservation of Rights. Notwithstanding the limited revocable license in Section 10.1, as between the parties, Hashtransfer shall be and remain the sole owner of all right, title and interest in and to the Platform (including, without limitation, all IP Rights therein) and any other IP Rights, materials or other properties owned, licensed or controlled by Hashtransfer, and you hereby assign to Hashtransfer all right, title and interest you may be deemed to have therein. Accordingly, any use of the IP Right of Hashtransfer shall inure to the exclusive benefit of Hashtransfer. All rights not specifically granted to you under this Agreement are expressly reserved by Hashtransfer.

8. Confidentiality and Non-disclosure Obligations

In connection with this Agreement, Hashtransfer may disclose to you and/or you may otherwise receive or have access to sensitive, confidential, and/or proprietary information of Hashtransfer (collectively, “Confidential Information”). Except as required to perform your obligations under and in accordance with the terms of this Agreement, you shall not disclose or use the Confidential Information, without the express prior written consent of Hashtransfer. You may not use any Confidential Information for the purpose of soliciting, or to permit others to solicit, Users to subscribe to any other services or promote the sale of any products that compete, either directly or indirectly, with Hashtransfer or the functionality and services offered by the Platform. You agree and acknowledge that Hashtransfer may be required to provide to governmental agencies or other third parties information in its possession regarding you or the business you conduct with Hashtransfer or via the Platform.

Hashtransfer does not invite and cannot accept any ideas or information you consider to be confidential and/or proprietary. Except with respect to your personally identifiable information (as expressly provided for in the Hashtransfer Privacy Policy, any suggestions, submissions, comments, ideas, concepts, know-how, techniques material or feedback conveyed, offered or transmitted by you to Hashtransfer, or otherwise in connection with the Platform (collectively, the “Submissions”), shall be deemed to be non- confidential and non-proprietary and Hashtransfer shall have no obligation of any kind with respect to such Submissions, unless otherwise expressly agreed to in a writing executed by you and a duly authorized officer of Hashtransfer. You hereby grant to Hashtransfer and its licensees a worldwide, perpetual, non- exclusive, fully-paid, royalty-free, transferable right and license, with right to sublicense, to reproduce, publicly display, distribute, perform, transmit, edit, modify, create derivatives works of, publish, sell, commercially exploit, use, and disclose the Submissions for any purpose and in all forms and all media whether now known or to become known in the future. Hashtransfer shall have no obligation to compensate you for any such Submissions in any manner. You hereby represent and warrant that: (a) you own or otherwise have the right to grant the foregoing license to Hashtransfer with respect to your Submissions; and (b) your Submissions and any use thereof by Hashtransfer will not infringe or violate the rights of any person. You are and shall remain solely responsible for the content of any Submissions you make and acknowledge that Hashtransfer is under no obligation to respond to or use any Submission you may provide.

9. Export Control

You acknowledge and agree to comply with all applicable export laws, including the U.S. Export Administration Act, the Arms Export Control Act, the International Economic Emergency Powers Act, and the Foreign Corrupt Practices Act; and regulations issued pursuant to these and other U.S. Laws. You hereby represent and warrant that any Digital Good or Physical Product Promoted or Delivered is approved for export from the United States without additional authorization or licensing from the U.S. government. Should the export authorization status of your Digital Good change, you must immediately notify Hashtransfer in writing. Information on U.S. export control regulations can be found on the websites of the U.S Department of Commerce, U.S. Department of State and the U.S. Department of the Treasury.

10. PCI DSS Applicability and Requirement

Hashtransfer, to the extent it is a Service Provider (as that term is defined and/or used by Payment Card Industry (PCI) Data Security Standard v3.0), shall be responsible for the security of cardholder data, which may include primary account number (PAN), cardholder name, expiration date, and service code, it possesses or otherwise stores, processes, or transmits.

11. Required Permits

It is your sole responsibility to obtain and maintain all applicable consents, licenses and permits required for the operation of your business.

12. Indemnification

In the event a third party makes any demand or complaint, or commences any action or files any claim whatsoever (each, a “Claim”) in connection with your use of the Platform, including without limitation your activities to Promote and/or Deliver Digital Goods or Physical Products, you shall defend, indemnify and hold harmless Hashtransfer, its related parties and affiliates, and its officers, directors, employees, representatives, agents, licensors, attorneys, heirs, successors, and assignees (each, a “Hashtransfer Party”; and collectively, the “Hashtransfer Parties”), from and against any and all damages, liabilities, claims or costs (including the costs of investigation, defense, litigation, and reasonable attorneys' fees and costs) (“Losses”) incurred by any Hashtransfer Party as a result of such Claim, regardless of whether such Losses are direct, incidental, consequential, punitive or statutory.

Upon receiving notice of a Claim for which Hashtransfer is entitled to indemnification by you, Hashtransfer shall provide you with written notification and the opportunity to assume sole control over the defense or settlement of the Claim and reasonable assistance to settle and/or defend the Claim at your sole expense; provided, however, that (i) any settlement which would impose a non-monetary obligation on and/or admission or finding of liability or wrongdoing by Hashtransfer will require Hashtransfer's prior written consent; (ii) the failure to provide timely notice, control, or assistance shall not relieve you of your indemnification obligations; and (iii) Hashtransfer may have its own counsel present at and participating in all proceedings or negotiations relating to a Claim, at Hashtransfer's own expense, unless you fail or refuse to secure legal counsel to defend any Claim in a timely manner, in which case you shall pay all expenses related to Hashtransfer's use of such counsel.

In the event that Hashtransfer incurs costs, attorneys' fees or other expenses responding to any complaint other than a Claim, in connection with or in relation to your Digital Goods (or your activities to Promote and/or Deliver thereto), including copyright infringement complaints under the DMCA (see below), Hashtransfer reserves the right, in its sole discretion, to recover such costs and expenses by deducting a reasonable, commensurate amount from any monies owed to you by Hashtransfer up to a maximum of ten thousand dollars ($10,000) per event. In the event that Hashtransfer incurs any Losses relating to your violation of Section 9 (Marketing Restrictions) above, Hashtransfer reserves the right, in its sole discretion, first to recover such Losses by deducting a reasonable, commensurate amount from any monies owed to you by Hashtransfer up to a maximum of twenty thousand dollars ($20,000) per event. You understand and agree that the remedies set forth above are not exhaustive and that Hashtransfer retains all rights to indemnification described herein. You authorize Hashtransfer to make, and release Hashtransfer from any liability in connection with, any such deductions.

13. Limitation of Liability

In no event shall any Hashtransfer party, or its heirs, successors and assigns, be liable for any indirect, incidental, special, punitive, or consequential damages whatsoever arising out of, resulting from, or in connection with this agreement and/or any (a) use of or inability to use the platform, (b) personal injury, property damage, or losses of any kind, resulting from your access to and/or use of the platform, (c) unauthorized access to or use of any and all personal information and/or financial information stored therein, (d) interruption or cessation of transmission to or from the platform, and/or (e) bugs, viruses, trojan horses, or the like, which may be transmitted to or through the platform, whether or not Hashtransfer is advised of the possibility of such damages. Notwithstanding anything herein to the contrary, the maximum cumulative and aggregate liability of Hashtransfer for all costs, losses or damages from claims arising under or related in any way to this agreement, whether in contract, tort or otherwise, shall not exceed an amount equal to the total amounts due and payable by Hashtransfer to you under this agreement for the month immediately preceding the date upon which such damages accrue. The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The platform, and any services or information offered through or in association with the platform, would not be provided without such limitations and you agree that the limitations of liability and disclaimers specified herein will survive and apply even if found to have failed of their essential purpose. Because some jurisdictions do not allow the exclusion or limitation of certain categories of damages, in such jurisdictions, you agree that the liability of Hashtransfer shall be limited to the fullest extent permitted by such jurisdiction.

14. Disclaimer


15. Legal Disputes

If a dispute arises between you and Hashtransfer, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and Hashtransfer agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly by email at support@hashtransfer.com to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

This Agreement shall be governed in all respects by the laws of Poland as they apply to agreements entered into and to be performed entirely within Poland, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Hashtransfer must be resolved exclusively by a state or federal court located in Wrocław, Poland, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located Wrocław, Poland for the purpose of litigating all such claims or disputes.

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost- effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction
All claims you bring against Hashtransfer must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to the Legal Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Legal Disputes Section, Hashtransfer may recover attorneys' fees and costs up to $1,000, provided that Hashtransfer has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

16. Survival.

The following Sections survive any termination of this Agreement: 1, 3.1.1, 4, 5.1, 5.3, 6.9, 6.10, 7.2, 8, 10, 11, and 14 through 33.

17. No Agency.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

18. Governing Language

This Agreement is in English and all disputes between the parties shall be resolved in English. You understand and acknowledge that any foreign language services provided by Hashtransfer are for informational purposes only and it is your obligation to obtain independent legal advice at your own expense to ensure you understand the terms of this Agreement.

19. Assignment

Hashtransfer may freely assign or transfer any or all of the rights and obligations described in this Agreement, or this Agreement in its entirety in connect with a merger, acquisition, or sale of assets or by operation of law or otherwise. You may not assign this Agreement or any of your rights and duties hereunder without the prior written consent of Hashtransfer. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

20. Severability

If any provision of this Agreement is determined by a court to be unenforceable or invalid, the validity of the remaining parts, terms or provisions shall not be affected by that determination, and such court shall substitute a provision that is legal and enforceable and is as close to the intentions underlying the original provision as possible.

21. Publicity

You may not issue or make any publicity release (including press releases and advertising or solicitation materials) or other public statement: (i) relating to this Agreement; (ii) using Hashtransfer's name or referencing the Platform; or (iii) suggesting or implying any endorsement by Hashtransfer of you and/or any Digital Goods without the prior written approval of Hashtransfer, which Hashtransfer may withhold in its sole discretion.

23. Entire Agreement

This Agreement constitutes the complete and exclusive agreement between the parties relating to the subject matter hereof. It supersedes all prior proposals, understandings and all other agreements, oral and written, between the parties relating to this subject matter.

24. Waiver

The waiver or failure by Hashtransfer to exercise any right provided for herein will not be deemed a waiver of any further right hereunder. The rights and remedies of Hashtransfer set forth in this Agreement are cumulative and are in addition to any rights or remedies Hashtransfer may otherwise have at law or equity, except with respect to any sole and exclusive remedies expressly provided for herein.

25. Equitable Actions

You acknowledge and agree that any breach or threatened breach of this Agreement may cause immediate and irreparable harm to Hashtransfer which would not be adequately compensated by monetary damages and that Hashtransfer may seek injunctive relief, specific performance, and/or other equitable relief as a remedy for any such breach or anticipated breach without the necessity of posting a bond or other security. Notwithstanding any other provision of this Agreement, any such relief may be sought in the state or federal courts of Poland or any other court of competent jurisdiction anywhere in the world (at Hashtransfer's sole discretion), and, you hereby consent to the jurisdiction of any such court and waive any objection to venue laid therein. Any such relief shall be in addition to and not in lieu of any appropriate relief in the way of monetary damages.

26. Force Majeure

Neither you nor Hashtransfer shall be responsible for delays or failures in performance resulting from acts of God, strikes, lockouts, riots, acts of war and terrorism, embargoes, boycotts, changes in governmental regulations, epidemics, fire, communication line failures, power failures, earthquakes, other disasters or any other reason where failure to perform is beyond the control of, and not caused by, the non-performing party.

27. Headings/Interpretation

The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement. Any graphics or annotations provided in connection with this Agreement are for illustration purposes only and do not constitute part of the Agreement and changing a graphic does not qualify as a change to this Agreement. The list of Prohibited Products and Activities is separately maintained, and modifications thereto will not qualify as a change to this Agreement.