Terms of Service
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your") and HIFI Bridge, Inc., a Delaware corporation ("HIFI," "Company," "we," "us," "our"). These Terms govern your access to, and use of, HIFI's website located at https://www.hifi.com/ (the "Site") and any related informational content, materials, or resources made available through the Site (collectively, the "Services").
Please read these Terms carefully. By accessing or using the Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Site or Services.
These Terms include an arbitration agreement and class action waiver in Section 11 that affect your legal rights. Please review Section 11 carefully. By agreeing to these Terms, you agree to resolve disputes with HIFI through binding individual arbitration and waive your right to participate in class actions.
Commercial use of HIFI platform These Terms govern your use of the Site for informational purposes only. If you wish to access HIFI's developer platform, APIs, or commercial services (including fiat-to-stablecoin conversion, KYC/KYB services, payment processing, or related functionality), such access is governed by a separate Master Services Agreement ("MSA") between you and HIFI. Nothing in these Terms grants you any rights to use HIFI's commercial platform or APIs.
Section 01
Definitions
For purposes of these Terms, the following terms shall have the meanings set forth below:
"Content" means any text, images, graphics, data, information, documentation, or other materials made available on or through the Site or Services, excluding User Content.
"Dispute Resolution Policy" means HIFI's policy governing the resolution of disputes, including the Arbitration Agreement, accessible at https://www.hifi.com/legal/dispute-resolution and incorporated herein by reference.
"Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, and other intellectual property or proprietary rights.
"Privacy Policy" means HIFI's privacy policy accessible at https://www.hifi.com/privacy-policy and incorporated herein by reference.
"Services" means the Site and any informational content, materials, or resources made available through the Site.
"Site" means HIFI's website located at https://www.hifi.com/ and any subdomains thereof.
"User Content" means any content, information, or materials that you submit, post, or transmit through the Site or Services.
Section 02
Eligibility
Age Requirement. You must be at least eighteen (18) years of age, or the age of majority in your jurisdiction (whichever is higher), to access or use the Site or Services. By accessing or using the Site or Services, you represent and warrant that you meet the applicable age requirement and have the legal capacity to enter into these Terms.
International Users. The Site and Services are available to users worldwide, subject to the restrictions set forth in Section 2.3. If you access the Site or Services from outside the United States, you are responsible for compliance with applicable local laws. You acknowledge that certain features or services may not be available in all jurisdictions.
Prohibited Users. You may not access or use the Site or Services if you are: (a) located in, or a resident or national of, any country subject to U.S. trade sanctions or embargoes (including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine); (b) identified on the U.S. Department of Treasury's Specially Designated Nationals and Blocked Persons List, Foreign Sanctions Evaders List, or Sectoral Sanctions Identifications List; (c) identified on the U.S. Department of Commerce's Denied Persons List or Entity List; or (d) otherwise prohibited from accessing or using the Site or Services under applicable law.
Section 03
Use of the Site and Services
Informational Purposes. The Site and Services are provided for informational purposes only. The Content is designed to provide general information about HIFI, its products, and the stablecoin and digital asset industry. The Content does not constitute financial, legal, tax, investment, or other professional advice. You should consult qualified professionals before making any decisions based on information obtained from the Site or Services.
No Offer or Solicitation. Nothing on the Site or in the Services constitutes an offer to sell, or a solicitation of an offer to buy, any securities, tokens, digital assets, or other financial instruments. Any such offer or solicitation will be made only pursuant to a definitive agreement and in compliance with applicable securities laws.
Changes to Services. HIFI reserves the right to modify, suspend, or discontinue the Site or Services (or any part thereof) at any time, with or without notice. HIFI shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Site or Services.
Section 04
Prohibited Conduct
You agree that you will not, and will not permit any third party to:
- Use the Site or Services for any unlawful purpose or in violation of any applicable law or regulation;
- Use the Site or Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from using the Site or Services, or that could damage, disable, overburden, or impair the functioning of the Site or Services;
- Use any robot, spider, crawler, scraper, or other automated means to access the Site or Services or to extract data therefrom;
- Attempt to circumvent any content-filtering techniques, security measures, or access controls that HIFI employs;
- Attempt to access any features, areas, or systems of the Site or Services that you are not authorized to access;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying ideas or algorithms of any part of the Site or Services;
- Copy, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any Content, except as expressly permitted by these Terms;
- Impersonate or attempt to impersonate HIFI, a HIFI employee, another user, or any other person or entity; or
- Use the Site or Services to send, knowingly receive, upload, download, use, or re-use any material that is defamatory, obscene, offensive, hateful, inflammatory, or otherwise objectionable.
Section 05
Intellectual Property
HIFI's Intellectual Property. The Site, Services, and all Content, including all text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation thereof, are the exclusive property of HIFI or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The HIFI name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of HIFI or its affiliates. You may not use such marks without the prior written permission of HIFI.
Limited License. Subject to your compliance with these Terms, HIFI grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site and Services for your personal, non-commercial, informational purposes only. This license does not include any right to: (a) sell, resell, or commercially use the Site, Services, or Content; (b) collect and use any product listings, descriptions, or prices; (c) make any derivative use of the Site, Services, or Content; or (d) download or copy account information for the benefit of any third party.
Reservation of Rights. All rights not expressly granted to you in these Terms are reserved and retained by HIFI or its licensors. No Intellectual Property Rights are transferred to you by virtue of these Terms.
Section 06
User Content
License Grant. By submitting, posting, or transmitting any User Content through the Site or Services, you grant HIFI a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in any media now known or hereafter developed, for any purpose.
Representations. You represent and warrant that: (a) you own or control all rights in and to your User Content; (b) your User Content does not violate these Terms or any applicable law; and (c) your User Content does not infringe, misappropriate, or violate any third party's Intellectual Property Rights, privacy rights, publicity rights, or other rights.
No Obligation. HIFI has no obligation to monitor, review, or moderate User Content. However, HIFI reserves the right to remove or disable access to any User Content that HIFI, in its sole discretion, considers to be objectionable or in violation of these Terms.
Section 07
Third-Party Links and Content
The Site may contain links to third-party websites, services, or resources that are not owned or controlled by HIFI. HIFI has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that HIFI 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 the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Section 08
Privacy
Your use of the Site and Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information. By using the Site or Services, you consent to the collection and use of information in accordance with our Privacy Policy.
Section 09
Disclaimer of Warranties
THE SITE, SERVICES, AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HIFI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
HIFI does not warrant that: (a) the Site or Services will meet your requirements; (b) the Site or Services will be uninterrupted, timely, secure, or error-free; (c) the results that may be obtained from the use of the Site or Services will be accurate or reliable; (d) the quality of any Content obtained through the Site or Services will meet your expectations; or (e) any errors in the Site or Services will be corrected.
No advice or information, whether oral or written, obtained from HIFI or through the Site or Services shall create any warranty not expressly stated in these Terms. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
Section 10
Limitation of Liability
Exclusion of Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HIFI, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, THE SERVICES, OR THE CONTENT, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND REGARDLESS OF WHETHER HIFI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF HIFI AND ITS AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, THE SERVICES, OR THE CONTENT SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100.00).
Jurisdictional Limitations. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such jurisdictions, HIFI's liability shall be limited to the greatest extent permitted by law.
Section 11
Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY DECIDE YOUR CLAIMS. The resolution of any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the Services shall be governed by HIFI's Dispute Resolution Policy, which is incorporated herein by reference and available at https://www.hifi.com/legal/dispute-resolution. By agreeing to these Terms, you agree to be bound by the Dispute Resolution Policy, including the Arbitration Agreement, Class Action Waiver, Mass Action Waiver, and Jury Trial Waiver set forth therein.
Section 12
Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless HIFI and its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers, from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or in any way connected with: (a) your access to or use of the Site, Services, or Content; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your violation of any third-party rights, including any Intellectual Property Rights or privacy rights; (e) any User Content you submit, post, or transmit through the Site or Services; or (f) your willful misconduct. HIFI reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify HIFI, and you agree to cooperate with HIFI's defense of such claims.
Section 13
Export Controls and Sanctions
The Site and Services may be subject to U.S. export control and economic sanctions laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations maintained by the Department of State. You represent and warrant that you: (a) are not located in, or a resident or national of, any country subject to U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country; (b) are not listed on any U.S. government list of prohibited or restricted parties; and (c) will not use the Site or Services in violation of any applicable export control or sanctions laws or regulations.
Section 14
Accessibility
HIFI is committed to ensuring that the Site and Services are accessible to individuals with disabilities. We strive to comply with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards. If you experience any difficulty accessing any part of the Site or Services, or if you have suggestions for improving accessibility, please contact us at support@hifi.com. We welcome your feedback and will make reasonable efforts to address accessibility concerns.
Section 15
DMCA and Copyright Policy
HIFI respects the intellectual property rights of others and expects users of the Site and Services to do the same. If you believe that any Content on the Site infringes your copyright, please provide our designated Copyright Agent with the following information:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Site;
- Your address, telephone number, and email address;
- A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and
- A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on their behalf.
Our designated Copyright Agent for notice of claims of copyright infringement can be reached at: HIFI Bridge, Inc., Attn: Copyright Agent, 111 Town Square Place, Jersey City, NJ 07310, or by email at support@hifi.com.
Section 16
General Provisions
Governing Law. These Terms shall be governed by and construed in exclusive accordance with the laws of the State of New York, without regard to its conflict of laws principles. Subject to Section 11 (Dispute Resolution and Arbitration), any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in New York County, New York, and you hereby consent to the personal jurisdiction of such courts.
Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the parties' original intent, and the remaining provisions shall continue in full force and effect.
Waiver. The failure of HIFI to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms must be in writing and signed by an authorized representative of HIFI.
Entire Agreement. These Terms, together with the Privacy Policy and Dispute Resolution Policy, constitute the entire agreement between you and HIFI regarding your use of the Site and Services for informational purposes and supersede all prior and contemporaneous agreements, representations, and understandings regarding the same.
Assignment. You may not assign or transfer these Terms or any of your rights or obligations hereunder without the prior written consent of HIFI. HIFI may freely assign these Terms without restriction.
No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights, except that the indemnified parties under Section 12 are intended third-party beneficiaries of that section.
Construction. These Terms shall not be construed against any party by reason of that party having drafted or prepared these Terms or any portion thereof.
Survival. Sections 5 (Intellectual Property), 6 (User Content), 9 (Disclaimer of Warranties), 10 (Limitation of Liability), 11 (Dispute Resolution and Arbitration), 12 (Indemnification), and 16 (General Provisions) shall survive any termination or expiration of these Terms.
Notices. Any notices required or permitted under these Terms shall be in writing and shall be deemed delivered when: (a) delivered personally; (b) one (1) business day after being sent by overnight courier; (c) upon confirmed receipt if sent by email; or (d) three (3) business days after being mailed by certified or registered mail, return receipt requested. Notices to HIFI shall be sent to: HIFI Bridge, Inc., 111 Town Square Place, Jersey City, NJ 07310, with a copy to support@hifi.com.
Force Majeure. HIFI shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
Section 230(d) Notice. In accordance with 47 U.S.C. § 230(d), HIFI notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at https://www.commonsensemedia.org/articles/parents-ultimate-guide-to-parental-controls.
Headings. The section headings in these Terms are for convenience of reference only and shall not affect the interpretation of these Terms.
Section 17
Contact Information
If you have any questions about these Terms, you may contact us at:
HIFI Bridge, Inc.
111 Town Square Place
Jersey City, NJ 07310
United States of America
Email: support@hifi.com