Infrastructure for private on-chain assets and transactions
Whether you’re launching a protocol or building internal tools, Hinkal gives you the privacy your users expect
Please read these Terms of Service (the "Terms") carefully because they govern your use of the website located at Hinkal (the "Site"). The Site enables users who satisfy "know your customer" and similar customer due diligence requirements (“KYC”) by designated providers (such process is referred to as "KYC Verification") to mint an access token made available by Novelty Today Inc. (the "Company", "we", "us" or "our"), which may grant access to open-source, blockchain-based software tools made available by third parties that seek to preserve privacy in transactions deployed to certain blockchains (the "Protocols"). To make these Terms easier to read, the Site and our services are collectively called the"Interface."
NOTICE ON PROHIBITED USE – RESTRICTED PERSONS: THE COMPANY INTERFACE AND ANY RELATED SERVICES ARE NOT OFFERED TO AND MAY NOT BE USED BY:
PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN ANY RESTRICTED TERRITORY, AS DEFINED BELOW (EACH SUCH PERSON OR ENTITY FROM A RESTRICTED TERRITORY, A "RESTRICTED PERSON").
WHEN YOU AGREE TO THESE TERMS, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND The Company THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 15 (DISPUTE RESOLUTION) BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, , THE AGREEMENT TO ARBITRATE IN SECTION 15 WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION 14 (GOVERNING LAW AND FORUM CHOICE) WILL APPLY INSTEAD.
By using our Interface, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, then you must not use the Interface or access the Site. Notwithstanding the foregoing, the laws of some jurisdictions may limit or not permit certain provisions of this agreement, such as indemnification, the exclusion of certain warranties or the limitation of liability. In such a case, such provisions will apply only to the maximum extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in these terms will prejudice such rights that you may have as a consumer of the Interface under such applicable law.
We may update these Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. It’s important that you review these Terms whenever we update them or you use the Interface. If you continue to use the Interface after we have posted updated Terms, it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Interface anymore. Because our Interface is evolving over time, we may change or discontinue all or any part of the Interface, at any time and without notice, at our sole discretion.
You may use the Interface only if you are at least 18 years of age (or such other minimum age at which you can provide consent to data processing under the laws of your territory), satisfy ongoing KYC Verification, and are not otherwise barred from using the Interface under applicable law. In order to protect the integrity of the Interface, we reserve the right, at any time, in our sole discretion, to block access to the Interface from certain IP addresses and unique device identifiers. For the purposes of these Terms, “Restricted Territory” means of Crimea region of Ukraine, Cuba, Donetsk People’s Republic (DNR) of Ukraine, Iran, Luhansk People’s Republic (LNR) of Ukraine, North Korea, Syria, or any other country to which the United States embargoes goods or imposes similar sanctions.
4.About The interface
(a) Interface. The Site provides an interface that connects users with designated providers to conduct KYC Verification and allows users to mint an access token (“Access Token”), by which users may access the Protocols. All information provided in connection with your access and use of the Interface is for informational purposes only. You should not take, or refrain from taking, any action based on any information contained on the Site or any other information that we make available at any time, including blog posts, data, articles, links to third-party content, Discord content, news feeds, tutorials, tweets, and videos. Before you make any financial, legal, technical, or other decisions involving the Interface, you should seek independent professional advice from a licensed and qualified individual in the area for which such advice would be appropriate. Because the Interface provides information about certain Protocols, these Terms also provide some information about the use of such Protocol. This information is not intended to be comprehensive or address all aspects of such Protocol.
(b) Our Relationship. You acknowledge and agree that the Company is an online platform provider and not a broker-dealer or a KYC provider. The Company does not direct or control the day-to-day activities of the users accessing the Site. Neither we nor any affiliated entity is a party to any transaction on the blockchain networks underlying the Protocols; we do not have possession, custody or control over any cryptoassets appearing on the Interface; and we do not have possession, custody, or control over any User’s funds or cryptoassets. Further, we do not store, send, or receive any funds or cryptoassets. You understand that when you interact with any Protocol smart contracts, you retain control over your cryptoassets at all times. The private key associated with the wallet address from which you transfer cryptoassets or the private key associated is the only private key that can control the cryptoassets you transfer into the smart contracts. You alone are responsible for securing your private keys. We do not have access to your private keys. Due to the non-custodial and decentralized nature of the technology, we are not intermediaries, agents, advisors, or custodians, and we do not have a fiduciary relationship or obligation to you regarding any other decisions or activities that you affect when using our Services. You acknowledge that we, for the avoidance of doubt, do not have any information regarding any Users, Users’ identities, or services beyond what is available or obtainable publicly via the blockchain. We are not responsible for any activities you engage in when using the Interface, and you should understand the risks associated with cryptoassets, cryptoassets, blockchain technology generally, and the Interface.
(c) Protocols. By using the Interface, you acknowledge and agree (i) that we are not responsible for the operation of the blockchain-based software and networks underlying the Protocols, (ii) that there exists no guarantee of the functionality, security, or availability of that software and networks, and (iii) that the underlying blockchain-based networks are subject to sudden changes in operating rules, such as those commonly referred to as “forks”.
(d) Blockchain Fees. There may be associated blockchain fees. All transactions using blockchains, including the minting of Access Tokens, require the payment of gas fees, which are essentially transaction fees paid on every transaction that occurs on the selected blockchain network. Please note that gas fees are non-refundable.
(e) Access Token. You may mint a non-transferable Access Token indicating that you have satisfied KYC Verification. In order to receive the Access Token, you must first connect a third-party validated digital asset wallet. You may not sell, assign, or otherwise transfer your Access Token to another party, and you agree not to circumvent such restrictions. We may require you from time to time to undergo ongoing KYC Verification to ensure that you may retain your Access Token. We may limit or terminate your Access Token if we determine in our sole discretion that you do not satisfy KYC Verification.
(f) Disputes Between Users or with KYC ProvidersThe Company is not a party to any relationship between any users or in the delivery or completion of transactions, nor is the Company a party to any relationship between you and any designated KYC provider. In the event that you have a dispute with any user of the Site or with any KYC provider, you agree to address such dispute directly with such user or KYC provider, as applicable. The terms and conditions and privacy policy of the relevant KYC provider govern your relationship with such KYC provider. If permitted in your jurisdiction, you release the Company (and the Company’s officers, directors, agents, investors, subsidiaries, and employees) (collectively “Releasees”) from, and covenant not to sue Releasees for any and all claims, demands, or damages (actual or consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
(g) Regulatory and Compliance Suspensions or TerminationsWe may suspend or terminate your Access Token or access to the Interface at any time, including in connection with any transaction, as required by applicable law, any governmental authority, or if we in our sole and reasonable discretion determine you are no longer compliant with KYC Verification or are violating these Terms or the terms of any third-party service provider. Such suspension or termination shall not be constituted a breach of these Terms by the Company. In accordance with anti-money laundering, anti-terrorism, anti-fraud, and other compliance policies and practices, we may impose reasonable limitations and controls on the ability of you or any beneficiary to utilize the Interface. Such limitations may include, where good cause exists, rejecting transaction requests, revoking your Access Token, or otherwise restricting you from using the Interface.
5.Content
(a) The Company’s Intellectual Property. We may make available through the Interface content that is subject to intellectual property rights. We retain all rights to that content.
(b) Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Interface (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it (and permit others to use it) without any restriction or compensation to you.
6.General Prohibitions and the Company’s Enforcement Rights
(a) Use, display, mirror or frame the Interface or any individual element within the Interface, the Company’s name, any Company trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without the Company’s express written consent;
(b) Sell, assign, or otherwise transfer your Access Token to another party, or avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent such restrictions;
(c) Access, tamper with, or use non-public areas of the Interface, the Company’s computer systems, or the technical delivery systems of the Company’s providers;
(d) Attempt to probe, scan or test the vulnerability of any Company system or network or breach any security or authentication measures;
(e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by the Company or any of the Company’s providers or any other third party (including another user) to protect the Interface;
(f) Attempt to access or search the Interface or download content from the Interface using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by the Company or other generally available third-party web browsers;
(g) Use any meta tags or other hidden text or metadata utilizing Company trademark, logo URL or product name without the Company’s express written consent;
(h) Use the Interface, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
(i) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Interface to send altered, deceptive or false source-identifying information;
(j) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Interface;
(k) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Interface;
(l) Collect or store any personally identifiable information from the Interface from other users of the Interface without their express permission;
(m) Impersonate or misrepresent your affiliation with any person or entity;
(n) Use the Access Token for capital raising purposes (“Capital Raising”). Capital Raising is defined as receiving funds from the sale of the Access Token, where the primary purpose of the sale of the Access Token is to raise capital for you or another party and not to obtain Services within the Protocols or the Interface. You acknowledge that any Access Token you receive is solely for use within the Protocols or the Interface and not for speculative purposes;
(o) Violate any applicable law, rule, or regulation concerning the integrity of trading markets, including (but not limited to) the manipulative tactics commonly known as spoofing and wash trading;
(p) Violate any applicable law or regulation; or
(q) Encourage or enable any other individual to do any of the foregoing.
The Interface is not intended to, and does not, create or impose any fiduciary duties on the Company. To the fullest extent permitted by law, any user of the Interface acknowledges and agrees that the Company owes no fiduciary duties or liabilities it or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. Any user of the Interface further agrees that the only duties and obligations that the Company may owe are those set out expressly herein.
The Interface may allow you to access third-party KYC providers, websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources.
We may suspend or terminate your access to and use of the Interface, including suspending your Access Token, at our sole discretion, at any time and without notice to you. You may cancel your access at any time by sending us an email at support@novelty.today. Upon any termination, discontinuation or cancellation of the Interface, or your access to the Interface, the following Sections, and such other provisions that by their nature are intended to survive, will survive: 4, 5, 6, 7, 9, 10, 11, 12, 13, 14 and 15.
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Interface will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Interface.
THE COMPANY WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED WALLET ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) CRYPTOCURRENCY WALLETS OR CORRUPT FILES; (IV) UNAUTHORIZED ACCESS TO SERVICES; OR (V) ANY THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST ANY BLOCKCHAIN NETWORK UNDERLYING THE SERVICES. By accessing and using the Interface, you represent that you understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of cryptoassets and other digital assets such as bitcoin (BTC), ether (ETH), USD Coin (USDC) and other digital tokens such as those following the Ethereum Token Standard (ERC-20). You further understand that the markets for these cryptoassets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge that the cost and speed of transacting with cryptographic and blockchain-based systems are variable and may increase at any time. You further acknowledge the risk that your cryptoassets may lose some or all of their value while they are supplied to or from the Interface. You further acknowledge that we are not responsible for any of these variables or risks and cannot be held liable for any resulting losses that you experience while accessing Interface. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing, using and interacting with the Interface.
1.Indemnity.
You will indemnify and hold the Company and its officers, directors, employees and agents harmless from and against any claims, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Interface, (b) any content that you post or otherwise make available through the Interface, or (c) your violation of these Terms.
2.Limitation of Liability.
(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER THE COMPANY NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT The Company OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL The Company’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED, AS APPLICABLE, THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO The Company FOR USE OF THE SERVICES OR, IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO The Company, ONE HUNDRED DOLLARS ($100).
(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.
3.Governing Law and Forum Choice.
These Terms and any action related thereto will be governed by the laws of the State of Delaware, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 15 (Dispute Resolution), the exclusive jurisdiction for all Disputes (defined below) that you and the Company are not required to arbitrate will be the courts located in the District of Delaware, and you and the Company each waive any objection to jurisdiction and venue in such courts.
4.Dispute Resolution.
(a) Mandatory Arbitration of Disputes.
We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Interface (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and the Company agree that the law of the State of Delaware governs the interpretation and enforcement of these Terms, and that you and the Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
(b) Exceptions.
As limited exceptions to Section 14(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
(c)Conducting Arbitration and Arbitration Rules.
The arbitration will be conducted by JAMS under its JAMS Optional Expedited Arbitration Procedures (the “JAMS Rules”) then in effect, except as modified by these Terms. The JAMS Rules are available at https://www.jamsadr.com. A party who wishes to start arbitration must submit a written Demand for Arbitration to JAMS and give notice to the other party as specified in the JAMS Rules. JAMS provides a form Demand for Arbitration at https://www.jamsadr.com. Any arbitration hearings will take place Palo Alto, California, but will be conducted remotely to the extent permitted by the JAMS Rules. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
(d) Arbitration Costs.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
(e) Injunctive and Declaratory Relief.
Except as provided in Section 14(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
(f) Class Action Waiver.
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
(g) Severability.
With the exception of any of the provisions in Section 14(f) (Class Action Waiver), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
5.General Terms
(a) Reservation of Rights.
The Company and its licensors exclusively own all right, title and interest in and to the Interface, including all associated intellectual property rights. You acknowledge that the Interface is protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Interface.
(b) Entire Agreement.
These Terms constitute the entire and exclusive understanding and agreement between the Company and you regarding the Interface, and these Terms supersede and replace all prior oral or written understandings or agreements between the Company and you regarding the Interface. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without the Company’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. The Company may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(c) Notices. The Company and its licensors exclusively own all right, title and interest in and to the Interface, including all associated intellectual property rights. You acknowledge that the Interface is protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Interface.
(d) Waiver of Rights. The Company’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
6.Contact Information.
If you have any questions about these Terms or the Interface, please contact the Company at support@novelty.today.
Novelty Today, Inc., a Delaware company, (“NT,” "us", "we", or "our") operates the Hinkal. These Staking Terms and Conditions supplement and are incorporated into the Novelty Today Terms of Service. By directly or indirectly accessing or using the Website and/or Services (each, as defined below), including, but not limited to, indirectly linking your Digital Wallet (defined below) to the Services or otherwise using the Website or Services or any portion thereof, you hereby consent to be bound by these terms and conditions (“Terms”). These Terms are entered into, and create a legally binding agreement, by and between you, and any organization you are acting on behalf of (“you” or “your”) and NT. We may amend or modify these Terms at any time and for any reason. The amended or modified Terms are effective immediately upon us posting them or otherwise making them available on Hinkal and by continuing to link your Digital Wallet to our Services, or otherwise use our Services, you agree to such amended or modified Terms. You agree to be responsible for reviewing the Terms and any amendments or modifications thereto. If you do not agree with the Terms, your sole and exclusive remedy is to cease your use of the Services and/or Website.
THESE TERMS CONTAIN IMPORTANT INFORMATION, INCLUDING A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER, BOTH OF WHICH IMPACT YOUR RIGHTS AS TO HOW DISPUTES ARE RESOLVED.
1. Definitions. The definitions for certain defined terms used in these Terms are set out below. Other terms are defined elsewhere in these Terms.
1.1 “Digital Assets” means any digital blockchain asset subject to the Services, including the hETH token.
1.2 “Digital Wallet” means the wallet or similar device or software used to store Digital Assets.
1.6 “Anonymity Asset” means a Digital Asset for which you can use to participate in staking via the Services.
1.7 “Anonymity Staking” means the staking, delegation or other validator node or staking smart contract that is made available via the Services from time to time.
1.8 “Rewards” means a share of the transaction fees (revenue”) proportional to the amount you've staked.
2. Services
2.1 The Services. Subject to these Terms, we allow users to connect to the Anonymity Staking Protocol for Digital Assets (the “Services”). The Services are strictly offered on a non-custodial basis, which you acknowledge.
2.2 License to Access the Services. Subject to these Terms, we hereby grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable right and license to access and use the Services for purposes of staking Digital Assets to the Anonymity Staking Protocol accessible via our Services.
2.4 Changes to the Services. We reserve the right to modify, alter or otherwise change the Services from time to time by adding, deleting, or otherwise modifying features or functionality to improve your experience, comply with applicable regulations and/or laws or for any other reason or purpose. We further reserve the right to (i) discontinue any feature of the Services or any portion thereof at any time, including, without limitation, discontinue supporting any Anonymity Asset, or Anonymity Staking Protocol, or (ii) remove any content from the Services at any time, in each case for any reason in our sole discretion and without notice to you. You specifically acknowledge and agree that we are not (a) responsible for such modifications, changes, content removals, or (b) liable for any loss of value of your Digital Assets or loss of Net Rewards that may result directly or indirectly from any such changes.
3. Rewards
3.1 Rewards. Your use of the Services may result in a Reward that is issued by the Anonymity Staking Protocol. You can claim the rewards using any public wallet that is holding hETH. In fact, you don't even have to stake ETH to receive hETH, you will just be able to exchange other tokens on a decentralized exchange to get hETH; and then redeem that same hETH for ETH on Hinkal.
We do not guarantee the amount or timing of any staking Rewards, which are subject to change based on network conditions and protocol rules. Rewards are calculated based on the amount of Staked Assets, duration, and network performance. Your share of the revenue accrued in the wrapped rebasing token can still accrue rewards, even if the amount in your balance stays constant. When you unwrap the token, the amount you receive may be greater than the amount you wrapped to account for all accrued interest/rewards. The rewards are distributed proportionally to the amount you've staked.
You acknowledge that (i) any estimates or projections of Rewards are not a guarantee, (ii) we will never ask for and you should never provide to us the private key for your Originating Wallet or any other wallet, (iii) we are not responsible for the loss of your private key or your inability to access (a) your Originating Wallet, or (b) any resulting Rewards that may be stored or claimable therein, and (v) you assume responsibility for ensuring the proper use of the correct and valid address of your Originating Wallet(s), and that your Originating Wallet supports and is otherwise compatible with the Anonymity Asset and Anonymity Staking Protocol. You specifically acknowledge and understand that your Net Rewards may be subject to a bonding/unbonding, locking/unlocking, claim or other delay period or mechanism by the Anonymity Staking Protocol that may render your Net Rewards and/or Anonymity Assets unavailable and/or subject to other restrictions imposed and controlled by the Anonymity Staking Protocol (collectively, “Protocol Restrictions”).
4. Termination
4.1 Termination. In the event that you breach these Terms or if we reasonably determine that action is necessary or advisable under applicable law, we may terminate or suspend your right to use or otherwise access the Services with or without notice to you. Such termination or suspension shall be a non-exclusive remedy for your breach of these Terms and we reserve the right to pursue any and all additional remedies that may be available to us. We may also terminate or suspend the Services in whole or in part for whatever reason and at any time.
4.2 Effects of Termination. In the event of any termination or suspension pursuant to Section 4.1 or otherwise, the Services will immediately cease. Termination or suspension of the Services may require you or us to complete certain additional tasks that comprise part of the Services, including, but not limited to, your compliance with certain Protocol Restrictions. The performance of such tasks shall be at our discretion and you disclaim any responsibility or obligation that we may have to perform such tasks.
4.3 Survival. The following Sections shall survive termination of these Terms: Section 4.2 (Effects of Termination), Section 5 (Intellectual property), Section 7 (Disclaimer), Section 8 (Limitation of Liability), and Section 9 (Indemnification).
5. Intellectual property
5.1 Ownership. As between you and us, we own all rights, title, and interest in and to the Services and Website and any modifications, improvements, adaptations, enhancements, derivatives thereto and any intellectual property rights related thereto, including, but not limited to, patent rights, trademark rights, copyrights, and trade secret rights and any other intellectual property and/or industrial rights recognized anywhere in the world.
5.2 No Other Right. Except for the limited license granted to you in Section 2.2, we do not grant or convey to you by implication, waiver, estoppel or otherwise any license to, any right, title, or interest in and to our intellectual property rights in or to the Services and Website or any other products, software or technology shared or made available by us under or in connection with these Terms.
5.3 No Reverse Engineering; Restrictions. You agree not to, directly or indirectly, (i) copy modify, reproduce, reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code or any other proprietary information or materials related to the Services or the Website; (ii) use the Services or Website to (a) build a competitive product, software or other technology that could be used to offer similar services as to those offered hereunder, (b) engage in activity that seeks to defraud us or any other person or entity, including but not limited to, providing any false, inaccurate or misleading information in order to unlawfully obtain the property of another, or (c) engage in activity that breaches these Terms; (iii) interfere with the Services or Website, their security, network and the operability of any of the foregoing; or (iv) introduce, post, or upload, (a) bugs, time bombs, time locks, traps, trojan horses, or (b) any other harmful code or software that can corrupt or damage data, storage media, programs, equipment, or any hardware used in connection with the Services or Website.
6. YOUR REPRESENTATIONS, WARRANTIES AND COVENANTS; ACKNOWLEDGMENT OF RISKS
6.1 Your Representations and Warranties. You represent, warrant and covenant that:
(i) the organization or entity you may be acting on behalf of is duly organized, validly existing, and in good standing under its jurisdiction of organization and has the right to enter into these Terms;
(ii) you have all requisite power and authority to, and no other proceedings on its part are necessary to, execute and deliver these Terms;
(iii) your performance of your duties and obligations under these Terms and in connection with your use of the Services and Website shall comply with all applicable laws, rules, and regulations;
(iv) you and the organization or entity you may be acting on behalf of are not (a) located, incorporated or otherwise established in, or a citizen or resident of any state, country or other jurisdiction that is designated by the U.S. Secretary of State as a country supporting international terrorism, or to which U.S. nationals cannot lawfully engage in transactions as designated by the Office of Foreign Assets Control (“OFAC”), including Cuba, Crimea, Luhansk and Donetsk regions of Ukraine, Democratic People’s Republic of Korea, Iran and Syria, (b) a person found on the OFAC Specially Designated Nationals, Blocked Persons List, or any other consolidated prohibited persons list as determined by any applicable governmental authority (including any such list maintained by the government of the United Kingdom and/or British Virgin Islands), (c) a person identified as a terrorist organization on any other relevant lists maintained by any governmental authority, or (d) a senior foreign political figure, or an immediate family member or close associate of a senior foreign political figure;
(v) you are of legal age in the jurisdiction in which you reside and have the full legal authority and right (a) to be bound to these Terms, and (b) to bind the organization or entity you may be acting on behalf of to these Terms;
(vi) you have the right, title, and interest in and to the Anonymity Assets used by you in connection with the Services;
(vii) you have all the rights and requisite authority to submit or otherwise provide your Digital Assets, data or any other materials you provide under and in connection with these Terms;
(viii) any assets, including Anonymity Assets used by you in connection with the Services is not encumbered or restricted in any manner that would prohibit compliance with these Terms;
(ix) you own or otherwise have the right to access and use the Originating Wallet(s) used in connection with the Services;
(x) you understand that the continued ability to provide the Services is dependent on many elements and you understand the risk involved with use of the Services, Website and Anonymity Staking Protocol;
(xi) you and the organization or entity you may be acting on behalf of are in compliance with all applicable laws and regulations;
(xii) your use of the Services shall not cause us to be in violation of applicable U.S. federal or state or non-U.S. laws or regulations, including, without limitation, anti-money laundering, economic sanctions, anti-bribery or anti-boycott laws or regulations, the U.S. PATRIOT Act, or the various statutes, regulations and executive orders administered by OFAC (“OFAC Regulations”) or any applicable laws, rules and regulations.
(xiii) None of the Anonymity Assets used by you in connection with the Services relate in any way to (i) the government of any country designated by the United States, or other governmental authority as a country supporting international terrorism, (ii) property that is blocked under any OFAC Regulations or that would be blocked under OFAC Regulations if it were in the custody of a U.S. national, (iii) persons to whom U.S. nationals cannot lawfully export services, or with whom U.S. nationals cannot lawfully engage in transactions under OFAC Regulations, (iv) the government of any country that has been designated as a non-cooperative country or designated by the U.S. Secretary of the Treasury or other governmental authority as a money laundering jurisdiction or (v) directly or indirectly, any illeHinkal activities.
(xiv) you and the organization or entity you may be acting on behalf of have not been convicted of, or agreed to enter into a pretrial diversion or similar program in connection with the prosecution of, a criminal offense involving theft, dishonesty, breach of trust, money laundering, the illeHinkal manufacture, sale, distribution of or trafficking in controlled substances, or substantially equivalent activity in a domestic, military, or foreign court;
(xv) you are solely responsible for the security, custody and control of any Originating Wallets;
(xvi) you will not use the Services or Website in a manner that infringes, misappropriates or otherwise violates the intellectual property rights and privacy rights of any third party;
(xvii) you are not subject to any restriction or prohibition that would limit or prohibit your use of the Service or Website in accordance with these Terms;
(xviii) the Anonymity Assets used by you in connection with the Services are not derived from, and do not otherwise represent the proceeds of, any activities done in violation or contravention of applicable law or regulations; and (xviii) you will not use the Services or Website in any manner that violates applicable law or regulations.
(xix) you acknowledge and agree that you and your use of the Services are subject to the Privacy Policy.
Are subject to 6.2 Acknowledgment of Risk. You understand and agree that (i) the Website and Services facilitate access to the Anonymity Staking Protocol, the use of which has many inherent risks and (ii) cryptographic and blockchain-based systems have inherent risks to which you are exposed when using the Website and Services. You further represent that you have a working knowledge of the usage and intricacies of blockchain-based Digital Assets and that you acknowledge and understand that (a) your use of the Services exposes you to considerable risk of loss; (b) there is no guarantee that any Rewards will be issued by any party or any protocol, and you may not earn any Net Rewards; (c) the operation of the Services and any resulting Net Rewards, if any, depends on the Anonymity Staking Protocols and other services provided by third parties whom we do not control or which no single identifiable person or entity controls, and as such, it may be difficult or impossible to recover any Digital Assets provided to the Anonymity Staking Protocol if such Digital Assets are lost or stolen; (d) Digital Assets and staking programs, including the Anonymity Staking Protocol are new technologies that currently face uncertain and evolving regulatory requirements in many jurisdictions; and (e) one or more such jurisdictions may, in the future, adopt laws, regulations or directives that affect one or more Anonymity Assets and/or Anonymity Staking Protocol and that may result in sudden changes (x) to the Services or (y) in connection with your Rewards or Anonymity Assets. For the avoidance of doubt, we specifically disclaim any liability for any losses or damages you experience in connection with any of the foregoing and you agree to assume full responsibility for all of the risks of accessing and using the Website and Services.
7. DISCLAIMER. THE SERVICES, WEBSITE, AND ANY OTHER PRODUCTS, SOFTWARE OR TECHNOLOGY PROVIDED BY US HEREUNDER IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SAME OR OTHERWISE IN CONNECTION WITH THESE TERMS, AND HEREBY DISCLAIM ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WE FURTHER DISCLAIM ANY LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSSES RESULTING FROM OR IN CONNECTION WITH SLASHING PENALTIES.
8. LIMITATION OF LIABILITY. EXCEPT FOR ACTS OF WILLFUL MISCONDUCT OR FRAUD, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCE AND REGARDLESS OF THE NATURE OF ANY CLAIM SHALL WE BE LIABLE UNDER THESE TERMS TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES OR LOST PROFITS, INTEREST, ATTORNEYS’ FEES, COMPUTER FAILURE OR MALFUNCTION, DATA LOSS, LOSS OF GOODWILL, OR REVENUE ARISING OUT OF RELATING TO, OR IN CONNECTION WITH THESE TERMS. TO THE EXTENT OUR LIABILITY IS NOT ALREADY EXCLUDED BY THE FOREGOING SENTENCE, OUR AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS SHALL OTHERWISE BE LIMITED TO AN AMOUNT EQUAL TO ONE HUNDRED U.S. DOLLARS ($100).
9. INDEMNIFICATION You shall and hereby agree to indemnify, defend and hold us and our representatives, officers, directors, employees, successors and assignees harmless from and against any losses suffered by us arising from (i) your breach of these Terms, (ii) a breach of your representations and warranties and/or covenants made hereunder, (iii) your use of the Services or Website in violation of these Terms, (iv) your infringement, misappropriation, or violation of the rights of any other person or entity, (v) any content, materials, or information (in any form or medium) that you submit, post, upload, provide, contribute, or make available (or authorize or instruct us to do so) through the Services or Website, and (vi) violation of any law or applicable regulation. If you are obligated to indemnify us, we have the right to control any action if we want and you cannot settle any action without our consent, unless the settlement is only for money damages which you entirely pay.
10. MISCELLANEOUS
10.1 Governing Law. These Terms, your access to and use of the Services and Content, and your participation in the Services, shall be governed by and construed and enforced in accordance with the laws of Delaware without regard to conflict of law rules or principles of the Delaware, or any other jurisdiction that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration can be heard in court located in Delaware.
10.2 Severability. If any provision of these Terms or the application thereof to any person or circumstance is held invalid or unenforceable to any extent, the remainder of these Terms and the application of that provision to other persons or circumstances is not affected thereby, and that provision will be enforced to the greatest extent permitted by applicable laws.
10.3 Waiver. No waiver of any right under these Terms will be of any effect or binding upon anyone unless such waiver is in writing and is signed by an authorized representative of the party so waiving such right. No delay or failure of any party in exercising any right hereunder and no partial or single exercise of any such right will be deemed of itself to constitute a waiver of such right or other rights hereunder.
10.4 No Third-Party Beneficiaries. The provisions hereof are solely for the benefit of the parties and are not intended to, and will not be construed to, confer a right or benefit on any other person.
10.5 Assignment. You shall not assign or transfer (whether by operation of law or otherwise) these Terms (or any rights or obligations hereunder) to a third party.
10.6 Force Majeure. No party will be held liable or responsible to any other party nor be deemed to have breached these Terms for failure or delay in fulfilling or performing any provision hereunder when such failure or delay results from causes beyond the reasonable control of the affected party, which may include embargoes, acts of war (whether declared or not), insurrections, riots, civil commotions, acts of terrorism, strikes, lockouts or other labor disturbances, pandemics, epidemics or acts of God (a “Force Majeure Event”). The affected party will notify the other parties of such Force Majeure Event as soon as reasonably practical and will make every reasonable effort to mitigate the effects of such Force Majeure Event.
10.7 External Sites and Third-Party Content. The Website may contain links to third-party websites or content (“External Sites”). Such External Sites are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when (i) interacting with such External Sites, or (ii) downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
10.8 Arbitration. This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully.
(i) Informal Process. You agree that in the event of any dispute between you and Hinkal, you will first contact Hinkal and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
(ii) Agreement to Arbitrate. Any disputes arising from this Agreement shall be decided by binding arbitration which shall be conducted, at the request of any party, in New York, New York, before one arbitrator designated by the American Arbitration Association (the "AAA"), in accordance with the Commercial Arbitration Rules of the AAA, and to the maximum extent applicable, the United States Arbitration Act (Title 9 of the United States Code). Notwithstanding anything in this Agreement to the contrary, any party may proceed to a court of competent jurisdiction to obtain equitable relief at any time. An arbitrator shall have no authority to award punitive damages or other damages not measured by the prevailing party's actual damages. To the maximum extent practicable, an arbitration proceeding under this Agreement shall be concluded within 180 days of the filing of the dispute with the AAA. This arbitration clause shall survive any termination, amendment, or expiration of the Agreement and if any provision of this arbitration clause is found to be unenforceable, the remaining parts of the arbitration clause shall not be affected and shall remain fully enforceable.
10.9 Class Action Waiver. Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case or to be a party to a class or representative action is waived, and that any claims must be decided individually, through arbitration.
(i) Waiver of Jury Trial. If for any reason a claim proceeds in court rather than in arbitration, you and NT each waive any right to a jury trial.
The Privacy Policy ("Policy") details how the Hinkal website or associated applications ("Platform", "Hinkal," "Service", "Protocol", "App" or "Website") operated Novelty Today, Inc., a Delaware corporation, Hinkal referenced in this Policy as ("Hinkal", "us", "we", or "our") collects, shares, and/or uses information related to user interaction with the Platform. All user access, usage, and interaction with the Platform is subject to both this Policy and the Terms of Service, as well as any other applicable policies and procedures. For purposes of this Policy, "Hinkal" or "we" shall refer to the Hinkal protocol, website, application, and any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries.
By using the Platform you fully accept the terms of this Policy and the Terms of Service, and by accessing and/or using the Platform, you consent to our collection, use, disclosure, and retention of your information as described in this Policy. Additionally, if you use the services of Anonymity Staking you agree to be bound to the terms of the Staking Terms and Conditions. If you do not agree in full to any part of the Terms of Service or this Privacy Policy, you are prohibited from using the Platform and should not use the Platform.
Hinkal partners with third party KYC providers that offer services related to identity verification. Please consult our providers' Privacy Policy for information regarding the data collection, use, and disclosure practices.
We will take appropriate measures to ensure that any such disclosure is made in compliance with applicable legal requirements and safeguards the privacy of our users to the fullest extent possible.
By using and/or accessing the Platform, you consent and agree that any information and data collected by Hinkal may be used by Hinkal as we deem appropriate, including but not limited to improving and personalizing user experience, improving customer and support functions, providing updates regarding the Platform, relaying marketing information from Hinkal or third-parties, issuing notifications regarding the Platform, responding to customer inquiries, and responding to legal, regulatory, or media inquiries.
Any data or information collected by Hinkal is protected by security measures that are designed to safeguard such information.
By using and/or accessing the Platform, you recognize and acknowledge that Hinkal may or may not retain data and information, and has no obligation - beyond existing legal and regulatory requirements - to retain any information.
Hinkal may use cookies to improve user experience, collect data about user preferences and usage, and for other purposes related to Platform functionality and operations. By using and/or accessing the Platform, you agree that Hinkal may engage with third-party providers on projects aimed at improving user experience and Platform functionality that may include the sharing of information obtained via cookies. These analytics tools may gather data such as IP addresses, device information, usage patterns or data publicly available to the blockchain. Hinkal will never collect information about your shielded address, shielded assets and private transactions. Below you may find the list of analytics tools that we use:
By using and/or accessing the Platform, you recognize and acknowledge that Hinkal may share any information or data with third parties as part of improving Platform functionality, for marketing purposes, or for other purposes that we deem appropriate. Hinkal reserves the right to release any information or data as part of complying with any legal or regulatory inquiry or matter.
Hinkal may provide offers or links to services or products provided by third parties. Hinkal has no responsibility or liability for any product, service, content, or data collection or privacy policy related to third parties or their websites, and you should consult the Privacy Policy of the third party for more information.
By using or accessing the Platform, you warrant to Hinkal that you are over the age of 18 and are legally authorized to use our Platform. No users under the age of 18 are permitted to use the Platform and, pursuant to the Children’s Online Privacy Protection Act Compliance, individuals under the age of 13 are not targeted for use of the Platform and are prohibited from using this Platform.
For California Residents
Hinkal does not "sell" personal information as defined by the California Consumer Privacy Act of 2018 (“CCPA”). Pursuant to the CCPA, you may request information about how we have collected, used, and shared your personal data, as well as request a copy of any information that Hinkal may retain regarding you or your use of the Platform, or request the deletion of any information related to you or your usage of the Platform. Hinkal will respond to all such requests pursuant to the limitations and requirements set forth in the CCPA or as superseded by federal law. Please submit all requests to: support@novelty.today
For Residents of the European Union
The purposes for the collection and use of personal information is set forth above. Hinkal may collect, use, or share your information pursuant to your consent (expressed by your usage and access of the Platform), or based on a contractual, legal, regulatory obligation, or in response to a third party request or relationship under which we may deem data collection and sharing appropriate. This consent may be withdrawn at any time. You may request and receive a copy of your personal information or object to the processing of your personal information, or request portability. Hinkal will respond to all such requests pursuant to the limitations and requirements set forth in the GDPR or as superseded by relevant law. In order to make such a request, please email us at: support@novelty.today
This Policy may be changed at any time without notice and without your prior consent. Your ongoing usage and/or access of the Platform serves as express agreement with this Policy as it is currently posted on this page.
Infrastructure for private on-chain assets and transactions
Hinkal is live on the 6 largest EVM chains, supporting any token and any dApp on those networks. More chains are coming soon
Hinkal uses Hexagate’s 24/7 wallet screening to ensures that all tokens and funds entering the smart contract are free from illicit activity
Hinkal requires an integrity check for users holding over $1K: Reusable CEX verification Zero-knowledge KYC/AML providers
Hinkal has passed extensive security audits to ensure it goes above and beyond industry standards
+team of 17 developers