2. Services

Hatom.com provides information about the essentials of the Hatom Protocol, which is a fully decentralized lending protocol deployed on the MultiversX Blockchain, and provides information about the Hatom ecosystem, governance, community, and various interfaces and integrations to the Hatom Protocol. The content and materials available on the Site do not constitute any form of advice or recommendation by us, should not be regarded as an offer, solicitation, invitation, or recommendation to buy or sell investments, securities, or any other financial services, and is not intended to be relied upon by you in making any specific investment or other decisions. We recommend that you seek independent advice from a financial advisor before making any such decision. Nothing included in the site constitutes an offer or solicitation to sell, or distribution of, investments and related services to anyone in any jurisdiction. The Services provide, or third parties may provide, links to other sites, applications, or resources. You acknowledge and agree that we are not responsible for the availability of such external sites, applications, or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You acknowledge and agree that we will 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 site or resource.

We are software developers in the Hatom Protocol ecosystem

Hatom provides access to a decentralized finance application (‘Application’) on the MultiversX Blockchain, that allows lenders or borrowers of MultiversX assets (‘Cryptocurrency assets’) to transact using smart contracts (‘Smart Contracts’). Due to the technology’s decentralized nature, we do not have possession, custody, or control over any crypto assets; and we do not have possession, custody, or control over any user’s funds. We do not store, send, or receive any crypto assets. When you interact with any Hatom Protocol smart contracts, you retain control over your crypto assets at all times. We are not responsible for any activities you engage in when using Services, and you should understand the risks associated with crypto assets, blockchain technology generally, and our Services.

There may be associated blockchain fees

Using the Hatom Protocol may require that you pay a fee, such as gas charges on the MultiversX network to perform a transaction. Please note that gas fees are non-refundable. You acknowledge and agree that Hatom has no control over any transactions, the method of payment of any transactions, or any actual payments of transactions. We do not receive any fees for any transactions.

Hatom Ecosystem and Community contributors are independent

Community contributors to the ecosystem around the Hatom Protocol are independent of us, we will not have and do not assume any liability or responsibility for their actions or omissions. You are solely responsible for conducting your due diligence before taking any action.

3. Assumption of Risk

You assume all risk in connection with your access and use of the Site, the Application, and the Smart Contracts. We do not represent or warrant that access to the Interface will be continuous, uninterrupted, timely, or secure; that the information contained in the Interface will be accurate, reliable, complete, or current; or that the Interface will be free from errors, defects, viruses, or other harmful elements. Any Smart Contracts you interact with are entirely your responsibility and liability; Hatom is not a party to the Smart Contracts. No advice, information, or statement that we make should be treated as creating any warranty concerning the Interface.

You agree to the automated collection and disbursement of proceeds by smart contracts. You acknowledge that all transactions accessed through the services will be automatically processed using MultiversX Blockchain-based smart contracts. You acknowledge and agree to the automatic processing of all transactions connected with using the services and smart contracts. You acknowledge and agree that the smart contracts will dictate how the funds of a transaction and ownership of crypto assets are distributed.

You are solely responsible for evaluating the services before using them. All transactions through the services are irreversible, final, and can’t be refunded.

We do not guarantee that the Site, or any content on it, will always be available or uninterrupted. Access may be interrupted, suspended, or restricted, including because of a fault, error, or unforeseen circumstances, because we are carrying out planned maintenance, or as a result of sophisticated cyber-attacks, surges in activity, computer viruses, and or other operational or technical challenges, among other things. You expressly waive and release Hatom from any liability, claims, causes of action, or damages arising from or in any way related to your use of the Site, the Application, or the Smart Contracts.

You are solely responsible for maintaining the security and confidentiality of your wallet. Any unauthorized access to your wallet by third parties could result in the loss or theft of your crypto asset. You acknowledge and agree that we do not have any involvement in it and that you will not hold us accountable for maintaining the security of your wallet.

We reserve the right to limit the availability of the site to any person, geographic area, or jurisdiction we so desire and/or to terminate your access to and use of the site, at any time and our sole discretion. You agree that we have the right to restrict your access to the services via any technically available methods if we suspect, in our sole discretion, that our service is being used for any illegal activity, fraud, money-laundering, or terrorist activities, or if you are the target of any sanctions administered or enforced by any legal or regulatory authority in any applicable jurisdiction.

We do not guarantee that the Site, or any content on it, will always be available or uninterrupted. From time to time, access may be interrupted, suspended, or restricted, including because of a fault, error, and/or other operational or technical challenges, causes beyond our control, or that we could not reasonably foresee.

Accordingly, you expressly agree that you will be solely responsible for all risks in connection with your access and use of the Site, the Application, and the Smart Contracts. You acknowledge by using the Site and the services that you waive and release Hatom from any liability, claims damage arising from or in any way related to your use of the Site, The application, or the Smart Contracts, and that you are solely responsible for conduction your due diligence into the risks of a transaction and the underlying smart contracts and crypto assets.

4. Taxes

It is your responsibility to determine and pay, if any, taxes or duties imposed by any governmental authority associated with the use of the services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority.

5. The Services

Provided that you constantly comply with the express terms and conditions stated in these Terms, we grant you a revocable personal, worldwide, non-exclusive and non-assignable license to access and use Hatom Services. The license granted under this Section will automatically terminate if we suspend or terminate your access to the Services.

All right, titles, and interests to the services, including but not limited to all copyright to any content, code, data, or other materials available are owned by Hatom. The code for the Hatom Protocol and the front-end interface is open-sourced. You acknowledge that your use or access to the services does not grant you any ownership of the Services or the ownership or intellectual property rights of any Hatom intellectual property to you or anyone else.

You acknowledge that we will own exclusive rights to any feedback, suggestions, comments, bug reports, or ideas that you provide about our service. You acknowledge that you may use your feedback or not, or share it with third parties without any liability to you.

7. Prohibited Content

When you use Hatom Services, you agree that you will not violate any law, contract, intellectual property, or other third-party right or commit a tort and that you are solely responsible for your conduct while using our Services. Without limiting the generality you agree and undertake to comply with the following provisions:

• All activities you carry out should comply with the requirements of applicable laws and regulations, these Terms, and various guidelines of Hatom;
• You will not use the Site for any unlawful purpose;
• You will not use any robot, spider, crawler, scraper, or automated means or interface not provided by us to access our Services or to extract data;
• You will not introduce any malware, worm, Trojan horse, virus, backdoor, drop-dead device, shutdown mechanism, or other harmful material into the Site;
• You will not attempt to circumvent any content-filtering techniques or security measure that Hatom employs on the Site, or attempt to access any service or area of the Site that you are not authorized to access;
• You will not infringe on or misappropriate any contract, intellectual property, or other third-party rights, or commit a tort while using the Site;
• You will not interfere with other users’ access to or use of the Services;

You acknowledge that by accessing Hatom services, you agree that Hatom has the right to investigate and prosecute any violation of these terms, unilaterally determine whether you have violated these terms, and take actions under relevant regulations without your consent or prior notice. You acknowledge that we have the right to revoke or partially restrict your access to the services, to amend, rectify, edit or alter transaction data to remediate or reduce any damage caused either to us or to any other person as a result of your violation to this agreement or applicable law.

8. Disclaimers and Limitations of Liability

OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT, AND MATERIALS CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, HATOM DOES NOT REPRESENT OR WARRANT THAT THE SITE, HATOM SERVICES, OR HATOM MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Hatom, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER FOR SYSTEM FAILURE OF MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOODWILL OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (1)THE SERVICES OR YOUR INABILITY TO USE OR ACCESS THE SERVICES;(2) MISUSE OF THE SERVICE (INCLUDING WITHOUT LIMITATION, UNAUTHORIZED ACCESS OF THE SERVICES); (3) ANY USER CONDUCT ON THE SERVICES; OR (4) TERMINATION, SUSPENSION OR RESTRICTION OF ACCESS TO ANY OF THE SERVICES.

IN ADDITION TO THE FOREGOING, NO HATOM LABS LLC INDEMNIFIED PARTY SHALL BE LIABLE FOR ANY DAMAGES CAUSED IN WHOLE OR IN PART BY(1) USER ERROR, SUCH AS INCORRECTLY CONSTRUCTED SMART CONTRACTS OR OTHER TRANSACTIONS; (2) SERVER FAILURE OR DATA LOSS; (3) THE MALFUNCTION, UNEXPECTED FUNCTION OR UNINTENDED FUNCTION OF THE BLOCKCHAIN, ANY COMPUTER OR CRYPTO ASSET NETWORK (INCLUDING ANY WALLET PROVIDER), INCLUDING WITHOUT LIMITATION LOSSES ASSOCIATED WITH NETWORK FORKS, REPLAY ATTACKS, DOUBLE-SPEND ATTACKS, SYBIL ATTACKS, 51% ATTACKS, GOVERNANCE DISPUTES, MINING DIFFICULTY, CHANGES IN CRYPTOGRAPHY OR CONSENSUS RULES, HACKING, OR CYBERSECURITY BREACHES; (4) ANY CHANGE IN VALUE OF ANY CRYPTO ASSET; (5) ANY CHANGE IN LAW, REGULATION, OR POLICY; (VI) EVENTS OF FORCE MAJEUR; OR (F) ANY THIRD PARTY.

THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THESE TERMS HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. THE LIMITATIONS OUTLINED IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT THE HATOM LABS LLC INDEMNIFIED PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE.

IN NO EVENT WILL HATOM LABS LLC INDEMNIFIED PARTIES’ CUMULATIVE LIABILITY TO YOU OR ANY OTHER USER, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY EXCEEDING ONE THOUSAND U.S. DOLLARS (U.S. $1,000.00).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to you.

9. Indemnification

You agree to defend, indemnify and hold harmless Hatom Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees, and agents from and against any claims, demand, actions, proceedings, investigations, suits, costs, expenses, and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your misuse of the Services, or any smart contract and/or script related thereto, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of Hatom Services. Hatom reserve the right to assume, at your expense, the exclusive defense, and control of any matter subject to indemnification by you. You acknowledge and agree that you will cooperate without the defense of any claim. You acknowledge and agree that you will not suffer any claim without our prior written consent.

10. Arbitration Agreement and Waiver of Rights, Including Class Actions

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS HOW YOU CAN SEEK RELIEF. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Agreement to Attempt to Resolve Disputes Through Good Faith Negotiations

Before resorting to formal legal proceedings against us, you and Hatom agree to arbitrate any dispute arising from these Terms or your use of the Services.

The parties agree to negotiate in good faith to resolve the dispute (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding). You and Hatom agree to notify each other in writing of any dispute when it arises. The party receiving such notice shall have thirty days to respond to the notice. The parties shall meet and confer in good faith to try to resolve the dispute during the sixty(60) days after the aggrieved party sent the notice. If the dispute cannot be resolved satisfactorily within ninety (90) days after the aggrieved party sent the notice, either party may submit the dispute to arbitration as set below.

Agreement to Arbitrate

You and Hatom further agree that any dispute, controversy, or claim arising out of or about these Terms, including the validity, invalidity, breach, or termination thereof, that cannot be resolved through the procedures set forth above shall be settled through binding arbitration by the DUBAI LEGAL AUTHORITIES in force on the date when the Notice of Arbitration is submitted by these Rules. The arbitral proceedings shall be conducted in English. The applicable law shall be the law of Dubai. The arbitrator shall have experience adjudicating matters involving blockchain Technology. The arbitrator must follow this agreement and can award the same damages and relief as a court (including, if applicable, attorney fees), except that the arbitrator may not award declaratory or injunctive relief in favor of anyone but the parties to the arbitration. The arbitration provisions outlined in this Section will survive termination of these Terms. Neither party nor its representative may disclose the existence, content, or result of any arbitration without the prior written consent of both parties.

Concerning all persons and entities, regardless of whether they have obtained or used the site for personal, commercial, or other purposes, all disputes, controversies, or claims must be brought in the parties’ capacity, and not as a plaintiff or class member in any purported class action, collective action or other representative proceedings.
This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and Hatom are each waiving the right to a trial by jury or to participate in a class action, collective action, or other representative proceedings of any kind.

Changes

In case you reject any change made to these terms, you agree to arbitrate any Dispute between you and Hatom under the provisions of this section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

11. Waiver of injunctive or Other Equitable Relief

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT YOU ARE NOT ALLOWED TO OBTAIN ANY EQUITABLE RELIEF AS BUT NOT LIMITED TO AN INJUNCTION, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE OR RESTRAIN THE EXPLOITATION OD DEVELOPMENT OF THE SERVICES, PRODUCT, OR INTELLECTUAL PROPERTY OWNED, LICENSED USED OR CONTROLLER BY HATOM LABS LLC.

12. Termination; Cancellation

By using our site you agree to our terms and condition. This agreement stats effective until either you or Hatom terminate it. You can terminate your agreement with Hatom at any moment by ending all access to the Site or the Services. We reserve the right to terminate our agreement if we suspect, in our sole discretion, that our service is being used for any illegal activity, fraud, money-laundering, or terrorist activities, or if you fail, or we suspect that you have failed, to comply with any term or provision in the Agreement (including without limitation any provision of these Terms). We reserve the right to limit your access to the site or stop providing you with all or a part of the services at any time and for no reason, including, without limitation, if we suspect: (1) you are using the services for any unlawful purpose; or (2) it is not commercially viable to continue providing you with our Services.

You are advised to check these Terms periodically to familiarise yourself with any changes to the Terms. Hatom in its sole discretion reserves the right to make changes to its terms of services at any time but has no obligation to update the services. Changes are binding on users of the Site and will take effect immediately upon posting. As a user, you agree to be bound by any changes, variations, or modifications to our terms of service and your continued use of the Site shall constitute acceptance of any such changes, variations, or modifications.
You acknowledge that we do not guarantee that the Site, or any content on it, will always be available or uninterrupted. From time to time, access may be interrupted, suspended, or restricted, including because of a fault, error, or unforeseen circumstances or because we are carrying out planned maintenance.

13. Severability

The invalidity or unenforceability to the fullest extent permitted by applicable law, of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.

14. Assignment

You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Hatom, including by operation of law or in connection with any change of control. Hatom may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.

15. Entire Agreement

These Terms constitute the entire agreement between the parties regarding the use of Hatom Services and will supersede all prior written or oral agreements between the parties. Any failure by us to exercise or enforce any right or provision of the Agreement (including, without limitation, these Terms) shall not constitute a waiver of such right or provision.

16. Governing Law

These Terms (including any separate agreements) shall be governed by, and construed under Dubai’s Legal system.