Terms of Service

Welcome to Lend at Hodl Hodl - Thank you for visiting.

Last updated: 16 May 2024


INTRODUCTION

Lend at Hodl Hodl is platform operated by Hodlex Ltd (“Hodlex Ltd” or "us" or "our" or "we"). Your use of Lend at Hodl Hodl is subject to these Terms of Service (“Terms of Service”) and the Hodlex Ltd Terms and Conditions ("General Terms"), and together these are referred to as the Terms ("Terms").

If there is a conflict between the Lend at Hodl Hodl Terms of Service and the General Terms, the Lend at Hodl Hodl Terms of Service shall prevail.

Please read through these Terms of Service carefully before using the Lend at Hodl Hodl platform, because these Terms of Service may affect your legal rights and obligations. All the definitions used in these Terms of Service shall have the same meaning as in our General Terms unless these Terms of Service sets a different meaning.

Your use of the Lend at Hodl Hodl platform will be governed by these Terms of Service, along with the hodlhodl.com Privacy Policy, and Dispute rules.

Should you not accept the Terms, Terms of Service, or the Privacy Policy (at least a single rule of them), you shall immediately stop using the Lend at Hodl Hodl platform. By using the Lend at Hodl Hodl platform, you will be deemed to have irrevocably agreed to these Terms of Service. Please note that any provision of the Terms of Service may be unilaterally revised and reissued by us at any time and without notice. You should visit this page regularly to review the current edition of Terms of platform, since your continued use of the Lend at Hodl Hodl platform will be deemed as irrevocable acceptance of any revisions.

Loans are privately issued by platform Users. Lend at Hodl Hodl is a platform and not a direct lender. Borrowing against collateral entails risk and may not be appropriate for your needs. Hodl Hodl does not provide legal and/or tax advice. Please consult your advisor. All loans are issued pursuant to private agreements between the users. You should review the representations and warranties described in the offer (Lending Contract). By using our platform you confirm that:

  • You are an eligible individual or a legal entity with the full legal capacity in Your respective domicile;
  • You are at least 18 years old;
  • You have full legal capacity (as defined in your jurisdiction) to enter into a binding contract;
  • You are not a citizen, a permanent resident, tax resident or located at the United States of America (including its states and the District of Columbia), the Virgin Islands of the United States, or any other possessions of the United States of America, Cuba, North Korea, Iraq, Iran, Puerto Rico, Somalia, Syria, Sudan, or any state, country, territory or other jurisdiction that is embargoed by the United Nations;
  • You accept the risk of any volatility of Cryptocurrencies.


DEFINITIONS

Advertiser – User who has created an Offer to lend and/or borrow Cryptocurrency.

Agreement – agreement regarding the provision of Services concluded between Hodlex Ltd and a User. These Terms of Service constitute the rules of the Agreement. The Agreement is deemed to have concluded between Hodlex Ltd and a User, if a User has actually started to use the Service;

Borrower – a User who wants to borrow Cryptocurrency from any other User using the hodlhodl.com lending platform;

Blockchain Bitcoin Network - a peer-to-peer payment network that operates on a cryptographic protocol.

Collateral – an asset, which will be sent by the Borrower to the Escrow Address and will be used to secure the loan.

Escrow Address - a P2SH Cryptocurrency multi-signature address, which requires two keys (one belongs to the Lender, one to the Borrower, and another - to Hodlex Ltd) to sign the Cryptocurrency transaction.

Interest – is defined for the whole period of Lending, and in the case of early repayment it is not decreased.

Lender – a User who wants to lend Cryptocurrency to any other User using hodlhodl.com lending platform;

Lending Contract – Cryptocurrency lending contract concluded between the Advertiser and the User who has accepted Advertiser’s created Offer. Lending Terms specified within the respective Offer creation process become the rules of the Lending Contract;

Lending Terms – terms of the potential lending specified by the Advertiser within the Offer creation process. Lending Terms include the amount of Cryptocurrency to borrow or lend, interest rate, LTV (Loan-to Value) ratio, period, as well as other terms the Advertiser or Hodlex Ltd consider necessary. Hodlex Ltd is, at any time, entitled to unilaterally amend the list of mandatory rules and conditions which must be defined in the Lending Terms. If any User accepts the Offer, he is deemed to have entered into the Lending Contract with the Advertiser, and in this event the Lending Terms specified within the Offer creation process become the rules of this Lending Contract;

lend.hodlhodl.com (“Lend at Hodl Hodl” or “Lending Platform”) – Internet website owned by Hodlex Ltd where Users can:

  • either advertise their intention to lend / borrow Cryptocurrencies or accept respective advertisements of other Users;
  • interact with decentalised smart contracts with a functionality of creation of multi-signature Cryptocurrency escrow P2SH addresses in order to ensure that both Lender and Borrower are equally protected during the course of the lending deal;

Offer – advertisement published on the hodlhodl.com lending platform by any User. Offer indicates the respective User’s intention to lend or borrow Cryptocurrency;

Parties – both the Lender and the Borrower;

Period – a maximum term for when the Loan has to be repaid to the Lender;

Cryptocurrency – a cryptocurrency which is used for lending on the platform;

Terms of Service – these Terms of Service;

User – an individual who has an account (record) created within the hodlhodl.com authentication system and who is actually using Hodlex Ltd Services. Any User is deemed to have entered into the Agreement;

User Account – an account (record) created within the hodlhodl.com authentication system and associated with the specific User which allows this User to access Hodlex Ltd services;

Wallet – a standalone Bitcoin Wallet that operates on the Bitcoin Blockchain Network and is not associated with Lending Platform;

Working Hours - daily hours when the Advertiser is ready to perform lending to the other Users (i.e. when the Advertiser’s Offer will be available/visible for the other Users). Working Hours must be defined by the Advertiser in the Terms of the Trade of the respective Offer.

Payment Password - the password used to encrypt the keys that are required to generate and access escrow. A unique Payment Password for each Contract is required. Users Payment Password should contain at least 10 characters, a mixture of numbers and letters, both uppercase and lowercase, and include at least one special character.

Transaction fees - cryptocurrency network fees paid by the Contract parties in order to send and receive the Collateral and the Loan.

High-Risk Contract(s) - a Contract(s) that might be a subject of possible risk and result in damages due to security and/or any other technical issues.

Exchange - a platform that facilitates cryptocurrency trading and market pricing.



USING LEND AT HODL HODL

We operate and provide to Users the Lend Platform that has the functionality of the advertising board where any User may express their intention to borrow or lend Bitcoin by a creation of a corresponding Offer as well as the functionality of the graphic user interface to interact with decentralized smart contracts at Bitcoin Blockchain Network.

While the Lending Platform provides the technical functionality that its Users may create and/or accept Offers and conclude Lending Contracts, we are not a party of Lending Contract as well as a not a party of execution and/or delivery of the Lending Contract. Any execution of any Lending Contract takes place outside of Lending Platform according to the Lending Terms determined by the Advertiser and agreed by the second party of a Lending Contract. You acknowledge, agree, and understand that we are not a party to the relationship, transactions or any dealings between a Lender and a Borrower.

When we provide you with the functionality of interaction with smart contracts, all actual execution of your instructions and transactions happens in a complete decentralized fashion by such smart contract operated at the peer-to-contract or peer-to-peer model (depending on technical functionality of a corresponding smart contract).

You hereby acknowledge and agree that we do not execute any instructions or transactions between a Lender and a Borrower or when you interact with a smart contract, we do not accept, hold or store any of your assets or funds, we do not act as a custodian for your crypto assets or Cryptocurrencies, we do not hold or store any assets as collateral, we do not access, control or hold any of your private keys for Wallets. WE DO NOT MANAGE, ADMINISTER, CONTROL, PERFORM, UNDERWRITE, OR GUARANTEE ANY LENDING OR BORROWING TRANSACTIONS WHATSOEVER, EVEN ADVERTISED OR MADE AVAILABLE THROUGH THE LENDING PLATFORM.

Accessing Lend at Hodl Hodl

You will be able to access Lend at Hodl Hodl by using your User Account.


Reputation and Rating

After each deal, every User has a right to rate his cooperation with the other User. Such ratings are used by Hodlex Ltd to define the User’s reputation. The User’s reputation is an indicator which shows the other Users and Hodlex Ltd, how honestly and responsibly this particular User behaved during the course of his or her previous deals.


Limits

In order to reduce the probability of frauds, Hodlex Ltd. has introduced several lending and borrowing limitations (e.g. number of simultaneous active Offers etc.). The information of these limitations shall be published on the lend.hodlhodl.com website on the FAQ/Help page, which is in addition to further information about current limits visible on the Dashboard page.

The administrator of Lend at Hodl Hodl has the right to, at any time, change the limits for a User, without changing limits for other Users, and to change limits for all the Users on Lend at Hodl Hodl platform.


Offers and Contracts

After your account has been registered, your email has been verified, and you have created a payment password – you can start lending to and borrowing from other Users of the Lending Platform.

A Lending Contract is initialized if:

  • Your Offer is accepted by another User;
  • You accepted an Offer created by another User.

Offers are Users’ advertisements to lend or borrow Cryptocurrency published in the relevant sections (i.e. "Borrow offers" or "Lend offers") of the Lending Platform.

You can create a new Offer ("Offer” or “Offers”) to advertise your intention to lend or borrow Cryptocurrency. Within the Offer creation process, you will be asked to specify certain Lending Terms. Lending Terms shall only contain true and accurate information. From time to time we may unilaterally amend the list of terms which must be defined within the Offer creation process.

If you do not want to display an Offer in the public Offer list, when creating the Offer, you need to mark the Offer type as “Private”. When Users want to create a contract for this Offer, they can only do so if the link to this Offer has been sent to them.

Any Published Offer can be withdrawn by the Advertiser at any time even if it has already been accepted by the other User, but only before it has reached the “In progress” stage.

The Offers can have one of three statuses: Active, Inactive, Disabled. To improve the operations of Hodlex Ltd, an Offer’s status may be automatically and/or temporarily changed to “Inactive” or “Disabled”.

An Offer’s transition to “Inactive” or “Disabled” status may occur in, but is not limited to, the following situations:

  • If the User has been blocked or banned, then at the time of blocking or banning, all of the User's Offers will be removed from the list, and/or the link to the Offer will be unavailable. If the User is unblocked or unbanned, the Offers will be visible again in the Offer list, and/or available through the link.
  • If the User’s account is deleted, his Offers will be removed from the Offer list, and/or the links to his Offers will be unavailable.

We may hide, or remove your Offer / Offers, if you violate these Terms of Service and/or any other agreement you enter into with Hodlex Ltd.

By publishing an Offer, you express your will to enter into a Lending Contract with any other User who will accept your Offer. Unless your Offer is withdrawn, you are deemed to have an intention and a will to enter into a Lending Contract with any other hodlhodl.com User who will accept your Offer in accordance with the rules (“Lending Terms”) specified by you within the Offer creation process.

By accepting an Offer created by another User (the Advertiser), you are deemed to have accepted all Lending Terms of the respective Offer and entered into a Lending Contract with the Advertiser. In this event, the Terms of the respective Lending shall constitute the rules of the Lending Contract concluded between you and the Advertiser.

In accordance with this Lending Contract, the Borrower wishes to borrow a certain amount of Cryptocurrencies and the Lender agrees to provide him or her with such, and Borrower agrees to secure such lending by depositing Bitcoin as a Collateral for the transaction.

Lending Terms, as determined by an Advertiser, are binding for both Borrower and Lender until the completion or termination of the Lending Contract, unless the Lending Terms contradict these Terms of Service or are illegal.

The Lending Contract is deemed to be completed and all mutual obligations of both parties are deemed to be fulfilled when the Borrower has repaid the Loan, paid the interest, paid the origination fee, and received the Collateral.


Course of the deal

During the course of the Lending deal, both Lender and Borrower will receive instructions on how to act in order to finalize the deal and complete the Lending Contract. These instructions can be found on the respective contract page.

Contract page can be opened by clicking on the respective contract in the Dashboard or My contracts section of the website.

There are different status indicators, which indicate the current status of the deal and make it easier for the User to understand what he has to do at a specific moment in order to finalize the deal.

  • Pending — The very beginning of a contract workflow. Offer is accepted by the second party and during the next 12 hours Borrower and Lender have to provide all the requested details and accept the Lending Contract. If it is not done – Lending Contract will be automatically terminated. At this stage both Borrower and Lender can unilaterally cancel the Lending Contract.
  • Depositing — The Borrower is currently in the process of sending the Collateral to the Escrow Address. If the Collateral asset is not received within the next 8 hours – the Lending Contract is terminated.
  • Payment — The Lender is currently in the process of sending Cryptocurrencies to the Borrower. If the Cryptocurrencies are not received within the next 8 hours – the Lending Contract is terminated, and Collateral is automatically sent back to the Borrower.
  • In progress — Cryptocurrencies are received by the Borrower, the Collateral is locked on the Escrow Address. During this stage the Borrower can make an early repayment of the Loan, and/or add additional collateral to balance the LTV ratio.
  • Repayment — during this stage, in the next 24 hours Borrower has 2 options:
    • To repay the Loan (principal and interest) to the Lender using Cryptocurrencies;
    • To repay the Loan (principal and interest) to the Lender from the Collateral asset.

If none of the options are used by the Borrower – the contract is automatically transferred into the “Forced liquidation” stage.

  • Forced liquidation — is a stage which can happen in the case of:
    • The Borrower has not repaid the Loan in Cryptocurrencies or the Collateral asset during the term he or she was entitled to;
    • Bitcoin price has dropped and as a result the LTV has increased, the Collateral had to be increased and Borrower didn’t react to the requests of the platform to either partly repay the Loan or to add additional collateral or other;
    • We have a reason to believe that Forced liquidation is in the interest of all Parties and to minimize the possible damages due to security and/or any other technical breach. In such case we will automatically contact both Parties and lead them through the Forced liquidation process, which implies no Forced Liquidation fee in this case. If the Lender and the Borrower ignores us and none of them signs the liquidation, we bear no responsibility for any loss as made everything possible to limit such.

As a result of Forced liquidation – the Collateral asset is transferred to the Lender in the amount of the Cryptocurrency (principal) and interest. The applicable Liquidation fee is transferred to the Hodlex Ltd. The remaining amount, if any, is transferred to the Borrower. After the Forced liquidation is completed the status is changed to Completed.

In case of Forced Liquidation, Hodl Hodl does not bear any responsibility for the losses associated with the exchange rate volatility and/or Users local tax regulations.

  • Completed — The Borrower has successfully repaid the Loan, the Lender has received the Cryptocurrency (principal) and interest from the Borrower and Borrower has received the Collateral from the escrow or in the case of Forced liquidation, everything was paid from the Collateral (Bitcoin).
  • Cancelled — Contract was cancelled by one of the Parties or automatically (timed-out).
  • Disputed — Dispute was initiated by one of the Parties and has not yet been resolved.
  • Resolved Dispute — Dispute is resolved. A resolved dispute cannot be revised or reversed.

Optional Contracts Migration

Each active Contract has a right to be migrated to a newly generated Escrow Address with no extra charges. Transaction fees are covered by the Borrower and are not refunded. To proceed with an Optional Contract(s) Migration, both Parties must come to a mutual agreement. Afterward, both Lender and Borrower will be provided with the instructions to generate new Payment Passwords to create new Escrow Address(es) and migrate their Contract(s).

Mandatory Contracts Migration

Mandatory migration from existing Escrow Address(es) - in case Hodl Hodl determines the Contract(s) as a High-Risk - both Lender and Borrower will be invited to migrate their existing Contract(s) to the newly generated Escrow Address(es). Both Lender and Borrower will be provided with the instructions to create new Payment Passwords, thus generating new Escrow Address(es) and migrating required Contract(s). Hodl Hodl charges no fees for Mandatory Contract(s) Migration. The associated transaction fees are covered by the Borrower and are not refunded.

Contracts Termination

Hodl Hodl reserves the right to terminate any Lending Contract at its sole discretion. The termination of the Lending Contract shall be executed through the process of contract's Forced Liquidation initiated by Hodl Hodl's administrator. In case Hodl Hodl's administrator has a reason to believe that the contract shall be terminated immediately, both contract parties shall cooperate in the contract termination process without any delays. In case of Users' non-cooperation or non-responsiveness, Hodl Hodl shall bear no responsibility for any losses and damages associated.

Dispute Resolution

If the Lender and the Borrower are in disagreement over the lending, either party can initiate a dispute, if and when they are allowed to do so by these Terms of Service. Disputes are to be resolved by hodlhodl.com support staff.

Hodlex Ltd support resolves disputes with due diligence by carefully inspecting and considering the Lending Terms, evidence of transfer, Users’ chat messages, Users’ reputation, other data submitted to us by Users, and data collected on our own.

Hodlex Ltd can take the Borrower’s side if any of the following criteria have been met:

  • Lender does not respond in a timely manner and/or does not cooperate with Hodlex Ltd in order to resolve the dispute;
  • Borrower supplies sufficient evidence proving he or she has sent or transferred funds to Escrow and has not received Cryptocurrencies, or has repaid the Loan, including the principal etc., but has not received the Bitcoin (collateral).

This will lead to the following result: Hodlex Ltd will sign a transaction in accordance with which the locked Bitcoin (collateral) shall be transferred from the Escrow Address to the Borrower. In this event, the status of the deal will be - “Resolved”.

Hodlex Ltd can take the Lender’s side, when any of the following criteria have been met:

  • Borrower does not respond in a timely manner and/or does not cooperate with Hodlex Ltd in order to resolve the dispute;
  • Payment made by Borrower was not in accordance with the Lending Terms;
  • Payment was not made by the Borrower, or only a partial payment was made.

This will lead to the following result: Hodlex Ltd will sign a transaction in accordance with which the locked Bitcoin (collateral) shall be transferred from the Escrow Address to the Lender. In this event, the status of the deal will be - “Resolved”.

In case both Borrower and Lender provide equally convincing evidence, Hodlex Ltd will resolve the dispute to the Party that provides the stronger evidence.

Both Parties are required to provide accurate, unquestionable and complete evidence, and documents that confirm the correctness of the User in case of the dispute. Each User must be able to provide explicit and full information about the transaction and/or payment in question.

Any payment orders and slips must include the complete payment information.

Any party that knowingly submits fraudulent, false, inaccurate documents or information, or forcefully tries to control the outcome of a disputed trade, or makes false claims, or obstructs the dispute resolution process in any way including but not limited to not responding, not providing information, files or documents to customer support within the established timeframe, or any user that violates any rule of the dispute resolution process is deemed to be in violation of these Terms of Service which may be grounds for losing a dispute and/or the User Account to be suspended and/or terminated.

Dispute resolution rules are located at this link https://hodlhodl.com/pages/dispute_rules. Both parties must strictly adhere to all stated rules.

You may request a review if you were a party of a dispute in any way and you believe Hodl Hodl did not resolve the dispute according to these Terms of Service. To do so, you must notify us by contacting customer support and requesting a review within 120 days after the dispute resolution.


Fees

Each Lending Contract concluded using the Lending Platform shall be subject to a fee. Fees shall be automatically deducted from the entire amount of Bitcoin transferred to the Escrow Address within each deal.

Fees charged are calculated as a certain percentage of the amount of Bitcoin transferred to the Escrow Address. The fees for using the Lending Platform shall be covered by the Borrower, the relevant smart contract deducts the full origination fee from the amount of Bitcoin in the Escrow Address.

Taking into account the fact that the Bitcoin transaction fee in the Bitcoin Blockchain Network may vary from time to time and cannot be predicted, the total and final fee (both the Lending Platform fee and the Bitcoin transaction fee) will be visible to both Parties only after the Borrower transfers Bitcoin to the Escrow Address. At the same time, estimated (but not final) fees are visible to the User when creating a Lending Contract on the Offer page.

Origination fee for using the hodlhodl.com trading platform can be found on the Dashboard page.

In case of Forced liquidation, the fee is 5% of the Collateral amount.


Depreciation of the Loan amount

Starting from March 28th, 2023, the Loan amount of the Contract will be fixed in USD equivalent at the Lending Contract creation moment.

The actual exchange rate and liquidity of the collateral's cryptocurrency and the Contract's cryptocurrency will be evaluated by Hodlex LTD as a median from the exchange rates of the following cryptocurrency exchanges: Binance, Kraken, KuCoin, Coinbase, Bitfinex, ByBit, OKX, Huobi, Bitstamp, Gemini, Bittrex, Bitrue, MEXC, HitBTC, BitMart, Compound, BKEX, Cryptology.

The list of exchanges was formed on March 28th, 2023 and is relevant until further updates.

The list of exchanges might be changed based on the current market conditions, such as specific exchanges no longer exist, have removed the cryptocurrency from their trading assets, the liquidity of a particular cryptocurrency is low, etc. The relevant statement will be published along with an updated list.

In case the value of a Loan amount depreciates during the Lending Contract term and/or faces a significant decrease in liquidity, and/or its USD exchange rate depreciates significantly, the parties will be allowed to agree on a Loan repayment Cryptocurrency.

The parties will have time up to the Repayment stage of the Lending Contract to agree on an alternative Cryptocurrency for the Loan amount. The new Contract's cryptocurrency must be agreed between the Parties from the list of supported cryptocurrencies. These cryptocurrencies must be highly liquid and traded on the exchanges mentioned above.

The Liquidation procedure applies in case of failure to repay the loan amount with the interest rate or in case parties have not agreed on new terms of the Loan before the Repayment stage has come.

Collateral will be liquidated to repay the difference in values. In the case of Liquidation from the Collateral asset:

  • the applicable Liquidation fee is charged by the relevant smart contract;
  • the initial loan amount (principal) and interest is transferred to the Lender;
  • the remaining amount, if any, is transferred to the Borrower.

After the Forced Liquidation is completed, the status is changed to Completed.


The Liquidation of the collateral will be performed using the exchange rate of the specific cryptocurrency to USD at the moment of Liquidation.


Communication

Hodl Hodl shall communicate with the users through the platform's communication tools and/or the email address associated with the account. The User is obliged to provide valid contact information and is responsible for monitoring the notifications from Hodlex Ltd. Hodl Hodl highly recommends its users to add alternative contact channels, such as Telegram, Twitter, etc., to their Users profile. In case Hodl Hodl has been unable to reach the User through the provided communication channels, the company bears no responsibility for any losses and damages occurring throughout.


Indemnification

You agree to indemnify and hold Hodl Hodl and its directors, employees, representatives, agents, subsidiaries and affiliates harmless, from and against, any and all claims, demands, losses, liabilities, and expenses (including legal fees), arising out of or in connection with: (i) your use and access to the Lending Platform, including your interactions with decentralised smart contracts; (ii) your violation of any term of these Terms, including without limitation any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) your negligent or wilful misconduct; or (vi) any other party’s access and use of other appropriate security code.


DISCLAIMER

THE LENDING AT HODL HODL IS PROVIDED “AS IS”, “AS DEVELOPED” AND “AS AVAILABLE”. HODL HODL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, AND INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HODL HODL BEARS NO RESPONSIBILITY IN CASE OF FORCED LIQUIDATION. IN ADDITION, HODL HODL MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE LENDING PLATFORM OR ANY INFORMATION REQUESTED OR OBTAINED THROUGH THE USE OF THE LENDING PLATFORM, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE LENDING PLATFORM, AND ANY INFORMATION REQUESTED OR OBTAINED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET AND BLOCKCHAIN NETWORKS, AND THAT THE LENDING PLATFORM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. WE ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES.

ANY USE OR ACCESS TO THE LENDING PLATFORM SHALL NEVER BE CONSTRUED AS THE FACILITATION OF ANY LENDING OR BORROWING OF CRYPTOCURRENCIES OR EXCHANGE OF SECURITIES OR COMMODITIES AS AN EXCHANGE.



LIMITATIONS

WHERE PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HODL HODL OR ANY OF ITS SERVICE PROVIDERS, SUPPLIERS OR REPRESENTATIVES (INCLUDING DIRECTORS AND EMPLOYEES) BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY: (A) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT, OR LOSS OF DATA OR DIMINUTION IN VALUE, OR (B) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, ARISING FROM YOUR USE OF THE PLATFORM, REGARDLESS OF WHETHER YOU OR SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. HODL HODL AGGREGATE LIABILITY UNDER THESE TERMS OF USE WILL NOT EXCEED ONE HUNDRED US DOLLARS ($100).

HODL PUBLIC KEY