Terms of Services

Huostarter Terms of Services (Version 1.0)

1. SERVICES

a) The Huostarter platform (“Platform”) facilitates token swaps. Projects may make available their native tokens (“Pool”) to the Users of the Platform to be swapped for other crypto assets. Users may use the Platform to gain access to the tokens offered through the Platform (“Services”), which includes the underlying application, all services available through the Application, and all free trials and beta services made available by Huostarter.

b) The User is required to connect their ERC-20 wallet to the Platform to gain access to the Pool. We are not responsible for any loss or damage that may arise from such integration, including any loss arising from any purchase of tokens from the Pool.

For security, legal, or regulatory reasons, as well as to reflect updates or changes to the service or operation of the website, we reserve the right to alter or amend these Terms, the website, or any material on the website from time to time. You are urged to review these terms from time to time to make sure you are familiar with and following the most recent revisions. Users of the website must abide by changes, which become effective as soon as the updated documentation is posted online. Your continuing use of the website, tools, and information made accessible shall be deemed your acceptance of such modification, and you agree to be bound by such variation.

c) You are aware that the Platform does not guarantee or assure the performance of any token purchased through the Platform; it only allows access to the Pool. Furthermore, allocation is not guaranteed and it shall be on a first come first serve basis. 2. ACCESS TO THE SERVICES a) By using the Services, you represent and warrant that: I. You have full legal capacity and authority to agree and bind yourself to these Terms II. You are in the age of majority of eighteen years old or older;

III. your use of the Services is

(A) not prohibited by applicable law, and

(B) at all times compliant with applicable law;

IV. and are solely responsible for use of the Services and, if applicable, for all activities that occur on or through your User Account.

b) You should take steps to ensure the confidentiality of your personal information and restrict access to the devices you use to access the Platform.

3. YOUR RESPONSIBILITIES

a) Except as specifically authorised in these Terms, you may not use the Services in any way. You may not, without limiting the generality of the foregoing sentence:

I. infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets of Huostarter;

II. use the Services to transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any otherII.harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware;

III. use any robot, spider, other automated device, or manual process to monitor or copy the Services or any portion thereof other than copying or exporting as permitted by the Terms;

IV. make any back-up or archival copies of the Platform or any part thereof, including disassembling or de-compilation of the Platform;

V. use the Services in

(A) any unlawful manner,

(B) for fraudulent or malicious activities, or

(C) in any manner inconsistent with these Terms;

VI. or violate applicable laws in any manner.

b) You warrant that you are aware of applicable laws and regulations governing your use of the Services. You will be fully accountable for ensuring adherence to all relevant laws, and you will also be held accountable for any liabilities that may result from a breach of your duties in this area.

c) Huostarter will need your full assistance, at your expense, in order to defend itself in any legal actions that may be brought against it as a result of a violation of your covenants or responsibilities under these Terms.

4. HUOSTARTER’S INTELLECTUAL PROPERTY

a) All rights, title, and interest in and to the Services, including all intellectual property rights arising out of the Services, are owned by or otherwise licensed to Huostarter. Subject to your compliance with these Terms, Huostarter grants you a non-exclusive, non-sub licensable, and limited licence to use the Services in the permitted hereunder.

b) Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or licence to Huostarter’s or any third party’s intellectual rights.

c) You may provide suggestions and other feedback, including bug reports, in relation to the Services from time to time (“Feedback”). Huostarter may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights.

5. THIRD PARTY SERVICES

a) The Services may include services, content, and information owned, made available, or otherwise licensed by a third party (“Third Party Services”) or contain links to Third Party Services. You understand that Third Party Services are the responsibility of the third party that created or provided it and acknowledge that the use of such Third Party Services is solely at your own risk.

b) Huostarter makes no representations and excludes all warranties and liabilities arising out of or pertaining to such Third Party Services, including its accuracy or completeness.

c) All intellectual property rights in and to Third Party Services are the property of the respective third parties.

6. INDEMNITY

You consent to defend, hold harmless, and indemnify Huostarter, its affiliates, subsidiaries, licensors, and each of their individual directors, officers, members, managers, employees, and agents from and against any claims and costs resulting from your use of the Services, from a violation by you or anyone using the Services on your behalf of any provision of these Terms, from a violation by you of any laws that may apply, or from any third-party claim to the extent it results from or is related to.

7. TERM AND TERMINATION

a) These Terms shall remain in effect unless terminated in accordance with the terms hereunder.

b) If Huostarter determines that you have violated or breached any of your obligations, responsibilities, or covenants under these Terms, Huostarter may immediately terminate, suspend, or modify your access to the Services, or any portion thereof, at any time, and at its sole discretion. If Huostarter modifies, suspends, or terminates your access to the Services, it won't be responsible to you or any other parties.

c) Upon termination under Clause 7(b):

I. these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.

8. DISCLAIMERS AND WARRANTIES

a) Huostarter merely facilitates access to the Pools and does not provide you with any warranty or representation whatsoever regarding its quality, fitness for purpose, completeness or accuracy.

b) Huostarter shall make all commercially reasonable attempts to facilitate information about the Pools on the platform (“Project Information”). However, you understand that Huostarter does not guarantee

I. the accuracy, timeliness, or completeness of such information,

II. provide any warranties in connection with your use or reliance on such information. You agree that your use of the Project Information at your own risk. Huostarter shall not be liable to you in any manner for the termination, interruption, delay, or inaccuracy of any Portfolio Information.

c) No information supplied by Huostarter in conjunction with the Services should be considered as legal, tax, investment, financial, or other advice; rather, Huostarter is solely a technological platform.

d) You acknowledge that the Services are used at your personal risk. The Services are offered "as is'' and "as available" to the degree permitted by relevant legislation. Huostarter can not guarantee that the features of the Services will satisfy your needs. You fully agree and understand that Huostarter shall have no obligation in connection with any repercussions that may result from your use of the Services. You hereby assume full responsibility for any such consequences.

e) Huostarter does not guarantee or imply that the Services will work with any hardware or software from third parties. It will be your duty to confirm the Services' compatibility before using them. Furthermore, Huostarter disclaims all liability for any direct, indirect, special, punitive, or exemplary damages that may arise from the use of or inability to use any third-party peripherals with the Services.

f) The Application may contain links to third party web sites or services that are not owned or controlled by Huostarter. Huostarter has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any such websites. You further acknowledge and agree that Huostarter 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 web sites or service.

g) To the fullest extent permitted by law, Huostarter expressly disclaims all warranties of any kind, express or implied, arising out of the Services, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title, and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may result from course of performance, course of dealing, or usage of trade.

h) To the fullest extent permissible by law, Huostarter, its affiliates, and their related parties each disclaim all liability to you for any loss or damage arising out of or due to:

I. your use of, inability to use, or availability or unavailability of the Services, including any third party services made available through the Services;

II. the occurrence or existence of any defect, interruption, deletion of files, delays in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction or unauthorised access to Huostarter’s records, programs, services, server, or other infrastructure relating to the Services;

III. the Services being infected with any malicious code or viruses; or

IV. the failure of the Services to remain operational for any period of time.

9. CONSENT TO USE DATA

a) You agree that Huostarter may in accordance with its Privacy Policy collect and use your information and technical data and related information.

b) Huostarter may use information and anonymised data pertaining to your use of the Services for analytics, trends’ identification, and purposes of statistics to further enhance the effectiveness and efficiency of the Services.

c) You hereby expressly authorise Huostarter to disclose any and all information relating to you in Huostarter’s possession to any law enforcement or other government officials, if Huostarter believes it is necessary or appropriate in connection with the investigation or resolution of possible crimes. You further understand that Huostarter might be directed to disclose any such information as may be deemed necessary to satisfy any investigation, judicial order, law, regulation, or valid governmental request.

d) You acknowledge that in the event of any security breach on the Platform, Huostarter reserves the right to make necessary disclosures to applicable authorities established under law.

10. CONFIDENTIALITY

You acknowledge that the Services contain Huostarter’s and its licensors’ trade secrets and confidential information. You agree to hold and maintain the Services in confidence, and not to furnish any other person with a copy of the Services or Platform. You agree to use a reasonable degree of care to protect the confidentiality of the Services. You will not remove or alter any of Huostarter’s or its licensors’ proprietary notices. Your obligations under this Clause continue even after these Terms have expired or been terminated.

11. KNOW YOUR CUSTOMER (“KYC”) AND ANTI-MONEY LAUNDERING (“AML”) POLICY

a) Huostarter is a permissionless and fully decentralised platform for token sales and swaps. As a software development company, Huostarter has no role in enforcing KYC by default; however, we do provide such tools for fundraising entities using Huostarter to enforce on their users, if the entities choose to do so. The use of KYC/AML tools on Huostarter by fundraising entities using the Service is completely at the discretion of said entities.

b) Huostarter does not guarantee the value, legality, or legitimacy of any token (including whether or not it is regarded as a security or financial instrument under any applicable securities laws), but we do recognise that some token projects may need to demand KYC/AML information from participants in their token sales.

c) Therefore, and at the sole behest of fundraising entities and/or competent regulatory authorities, Huostarter reserves the right:

I. at any time, to ask for any KYC documentation it deems necessary to determine the identity and location of a User, and reserves the right to restrict Service and payment until identity is sufficiently determined;

II. to share submitted KYC information and documentation to 3rd parties to verify the authenticity of submitted information, and the end user (you) agree to this by using the Service;

III. to confiscate any and all funds that are found to be in violation of relevant and applicable AML and countering terrorism financing (“CFT”) laws and regulations, and to cooperate with the competent authorities when and if necessary.

d) In accordance with the laws, rules, and standards of different places, Huostarter strictly forbids and disapproves the use of the Service for any type of illegal conduct, including money laundering, supporting terrorism, or breaking trade prohibitions. To that purpose, the Service is not made available to people or organisations covered by the United States, European Union, or other international sanctions or watch lists, or who are listed as Politically Exposed Persons ("PEP"). You guarantee that you are not included on any such lists by using the Service.

12. FORCE MAJEURE

If Huostarter is prevented from or delayed in carrying out its obligations or from conducting its business due to acts, events, omissions, or accidents beyond its reasonable control, such as, but not limited to, strikes, failure of a utility service or telecommunications network, an act of God, war, riot, civil unrest, malicious damage, or compliance with any law or governmental order, rule, regulation, or direction, Huostarter shall have no liability to you.

13. JURISDICTION AND GOVERNING LAW

a) Subject to the other provisions of this Clause 13, the Parties shall attempt in good faith to mutually resolve any and all disputes, whether of law or fact, and of any nature whatsoever arising from or with respect to this Agreement.

b) All disputes shall be resolved by arbitration in Malaysia in accordance with the procedural aspects of Malaysian Arbitration Law for the time being in force and rules thereunder, which are deemed to be incorporated by reference in this Clause. The tribunal shall consist of 1 (One) arbitrator mutually appointed by the Parties. The seat of the arbitration shall be in Malaysia, and the language of the arbitration shall be English. The parties may attend such proceedings via video conferencing as far as permissible under law.

c) The award rendered by such arbitrator shall be final and binding on the Parties.

14. MISCELLANEOUS PROVISIONS

a) Modification: Huostarter reserves the right at any time to modify these Terms and to add new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be communicated to you and, unless expressly rejected (in which these Terms shall terminate), will be effective immediately and will be incorporated into these Terms. In the event, you refuse to accept such changes, these Terms and licence will terminate.

b) Severability: If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).

c) Notices: All notices, requests, demands, and determinations for Huostarter under these Terms (other than routine operational communications) shall be sent to [Huostarter].

d) Third Party Rights: No third party shall have any rights to enforce any terms contained herein.