Terms of Service

Last Modified: 11 March 2025

OVERVIEW

These Terms of Use (“Terms of Use” or “Terms”) govern your access to the mobile application operated by Heatbit Inc. (“Heatbit App”). Throughout the Terms of Use, the terms “we”, “us” and “our” refer to Heatbit Inc., a Delaware corporation. 

By utilizing Heatbit App, which encompasses its features, all information, tools, and Services, you as the user of Heatbit App, agree to comply with the terms set forth in this Terms of Use, including those additional terms, conditions and policies referenced herein and/or published by us from time to time, including, but not limited to, our Privacy Policy, General Risk Warning (collectively with these Terms of Use, “Policies”). These Policies apply to all users of Heatbit App.

The Privacy Policy and General Risk Warning are accessible at the Heatbit App.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING THE HEATBIT APP OR USING THE SERVICES. BY ACCESSING THE HEATBIT APP OR USING ANY FEATURES OF THE HEATBIT APP, YOU AGREE TO BE BOUND BY THE POLICIES AND ADHERE TO THEM. IF YOU DO NOT AGREE TO ALL OR A PART OF THE TERMS OF USE AND CONDITIONS PROVIDED IN THE POLICIES, THEN YOU MAY NOT USE THE HEATBIT APP. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING THE HEATBIT APP OR USING THE SERVICES. BY ACCESSING OR USING ANY PART OF THE HEATBIT APP, YOU AGREE TO BE BOUND BY THE POLICIES AND ADHERE TO THEM. IF YOU DO NOT AGREE TO ALL OR A PART OF THE TERMS AND CONDITIONS PROVIDED IN THE POLICIES, THEN YOU MAY NOT USE THE HEATBIT APP.

By accessing or using any part of Heatbit App, you agree to be bound by these Terms of Use. If you do not agree to all or a part of the terms and conditions provided herein, then you may not use any Services. These Terms of Use are considered an integral condition for executing our Power Computing Service Agreement.

GENERAL

Please be advised that not all Services are guaranteed to be available across all jurisdictions, and we retain the discretionary right to restrict or deny access to all or a portion of the Services as deemed necessary.

By using Heatbit App, you agree to comply with applicable laws and regulations of the United States and your home country. You acknowledge that it is your sole responsibility to ensure your use of the Heatbit App aligns with such laws and regulations. You agree that we shall not be held liable for any loss, damage, or liability arising from your failure to comply with such laws and regulations or any other responsibilities specified in these Terms of Use.

Heatbit reserves the right to choose the jurisdictions in which it operates and may also restrict or refuse to provide Services in certain countries if it deems it necessary.

By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or country of residence.

By agreeing to these Terms of Use, you represent and warrant that:

• You are at least the age of majority in your state or country of residence;
• You have full legal and physical capacity and have sufficient authority to agree to these Terms of Use;
• You do not provide us with false, unreliable, or fraudulent information;
• You have not previously been prohibited or restricted from using our Services;
• You use the Services at your discretion and under your own responsibility;
• You have sufficient knowledge and experience in financial matters, including sufficient understanding of blockchain technologies, cryptocurrency and other digital assets, and understanding of risks associated with use of such technologies, smart contracts, storage mechanisms (custodian wallets) to assess the risks and benefits of acquiring cryptocurrency, including the matters set out in these Terms of Use, and may bear risks, including the loss of cryptocurrency;
• You are not under the control of jurisdiction that explicitly prohibits the use of similar Services;
• The bank account you provide in the Heatbit App must not be registered in any country or territory listed in the Restricted Jurisdictions (as defined below), and the digital wallet address must not be on any blacklist of reported and verified digital addresses associated with criminal activities;
• You are the lawful owner of the funds used within the Services, and these funds come from legal sources;
• When utilizing the Services, you do not violate any laws or regulations in your jurisdiction, including cryptocurrency regulations;
• You are not a Restricted Person (as defined below) and you are not attempting to aid any Restricted Person in bypassing trade embargoes or sanctions regimes;
• You do not misrepresent your IP address, nor use Tor (The Onion Router), VPNs (virtual private networks), or other ways to change your reflected address and/or location.

“Restricted Jurisdictions” include but are not limited to jurisdictions listed in FATF “Gray” and “Black” lists; jurisdictions where cryptocurrency is illegal, including but not limited to, and any other jurisdictions or countries subject to sanctions imposed by the United Nations, the United States government, the European Union, or any other relevant authority or regulatory body.

“Restricted Person” means a person or legal entity that is (a) subject to trade embargoes or sanctions imposed by any country or organization; (b) located within, under the control of, or a citizen or resident of jurisdiction where transactions with digital assets are prohibited or in any way restricted; (e) resides, or is established, or has operations in, in any Restricted Jurisdiction.

We reserve the right to modify, amend our eligibility criteria at our sole discretion.

We reserve the right to modify or discontinue the Services (or any part or content thereof) without notice at any time.

A breach or violation of any of these Terms will result in an immediate termination of our Services to you. You, in addition, will be liable for all losses and damages to us or third parties caused by your failure to comply with these Terms of Use and/or Policies.

We may also, in the future, offer new services and/or features through the Heatbit App (including the release of new tools, features and resources). Such new features and/or services shall also be subject to these Terms of Use. Please note that these new features and/or services may or may not be available to you, depending on your jurisdiction and applicable laws and regulations.

Heatbit grants you permission to use the Heatbit App subject to the terms and conditions of these Terms of Use. Your use of Heatbit App is at your own risk, including the risk that you might be exposed to content that is inaccurate, objectionable, incomplete, fails to provide adequate warning about potential risks or hazards, or is otherwise inappropriate.

You acknowledge that your information, except for bank card details and digital wallet address information, may be transferred unencrypted and involve: (a) transmissions over various networks; (b) modifications to conform and adapt to technical requirements of connecting networks or devices; and (c) transmissions to competent authorities or for other legal purposes, in accordance with our Privacy Policy. Bank card details and digital wallet address information will always be encrypted during transmission over networks, unless otherwise mandated by applicable law or required by a competent authority.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not liable for inaccuracies, incompleteness, or outdated information provided in the Heatbit App. The content within the Heatbit App, or otherwise published by us (unless expressly stated otherwise) is intended for general informational purposes only.

We are not responsible if information made available in the Heatbit App is not accurate, complete or current. The material in the Heatbit App is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.

Any reliance on the material provided in the Heatbit App is at your own risk.

We reserve the right to modify the contents of the Heatbit App at any time, but we have no obligation to update any information on the Heatbit App and/or inform you of such update. You agree that it is your responsibility to monitor changes.

We undertake no obligation to update, amend or clarify information in the Heatbit App, including, without limitation, information about the Services, except as might be required by applicable law.

SERVICES

The Heatbit App is a mobile application that allows users to contribute computing power. Users could be eligible to receive rewards (both money and cryptocurrency) awarded in exchange for providing computing power ("Services").

• Risks

You may elect to receive rewards in the form of digital assets. Due to the legal uncertainties surrounding cryptocurrencies in various jurisdictions, these Services carry inherent risks. Do not use our services if you do not fully understand these risks. For more information, please review our General Risk Warning.

• Heatbit Account

Any visitor may access publicly available content on the Heatbit App without the need for registration.

By establishing a personal account in the Heatbit App ("Account"), you are forming a direct relationship with us and agree to adhere to this Terms of Use. This relationship grants you the ability to access and utilize various functions of the Heatbit App as a user, including cloud mining services.

Before you can create an Account and access the Services, you are required to comply with our identity verification procedures. This process requires you to provide specific information about yourself and, where applicable, your authorized representatives. As part of establishing this relationship, you may be required to submit information to us, including but not limited to your name, phone number, and other data ("Required Personal Data"). For further information, please refer to the "Required Personal Data" section below.

By registering, you agree: (i) to adhere to these Terms of Use; (ii) to provide true, accurate, current and complete registration data, (iii) to maintain and promptly update the registration data to keep it true, accurate, current and complete, (iv) for security reasons, to maintain the confidentiality of any credentials obtained by you, (v) to not allow any other party to use your credentials; (vi) to ensure that you properly exit from your Account at the end of each session and to immediately notify us of any unauthorized use of your Account or any other breach of security; and (vii) to take full responsibility for all activities that occur under any customer Account created for your use.

We are not liable for any loss or damage resulting from your failure to comply with the above requirements. If you provide information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). By submitting your information through the Heatbit App for registration purposes, you grant us a perpetual, irrevocable, royalty-free, non-exclusive, assignable, sublicensable, transferable, fully-paid, worldwide license to use, copy, modify, create derivative works, reproduce, reformat, translate, analyze, commercialize, syndicate, distribute, transmit, and display this information as part of our provision of the Services to you.

• Required Personal Data

By using our Services, you grant us the authority to conduct inquiries, either directly or through third parties, as we see fit to verify your identity, as well as that of any authorized representatives. We do it to understand who uses Heatbit App and our Services, to safeguard against fraud, money laundering, terrorist financing, or other financial crimes, and to undertake any necessary actions based on the outcomes of these inquiries.

During these inquiries, you acknowledge and comprehend that your personal data, along with that of any authorized representatives, may be shared for purposes of identity verification, compliance data recording, credit reference, fraud prevention, or financial crime agencies. These agencies may provide us with comprehensive responses to our inquiries.

We may also necessitate your adherence to our enhanced due diligence procedures, which may involve submitting supplementary information about you, your business, or your authorized representatives. This could entail supplying additional records or documentation, or engaging in face-to-face meetings with our representatives.

We may request information from you at any point in time to meet the requirements of applicable laws, identity verification mandates, or to aid in the identification of money laundering, terrorist financing, fraud, or any other financial crime, or for any other legitimate reason.

Your submission of personal information through the Heatbit App is governed by our Privacy Policy. For more details, please review our Privacy Policy.

RETROACTIVE EFFECT

If you use our Services without having entered into the Power Computing Service Agreement and express the intention to continue using the Services, you are required to declare that you have no claims, objections, grievances, or contentions against Heatbit Inc. regarding the Services.

You hereby declare that you have no claims, objections, grievances, or contentions against us regarding the Heatbit App and the Services and your use of them. You acknowledge the quality of the Services and their compliance with the stated characteristics.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

If you use our Services, you agree to promptly update your Account and other information, including your digital wallet address, bank card information, so that we can complete your transactions and contact you as needed.

If you use our Services, you might be required to provide additional information and confirm your control over your Account and digital wallet used for transferring cryptocurrency to you as it is stated in our Privacy Policy. You may incur fees from the third-party service providers used for sending assets to your digital wallet or bank account.

You are responsible for managing and using the information in your Account. Consequently, we will presume that you or your authorized representative have approved any transactions for computing power using the payment details and method of payment (whether by bank transfer or cryptocurrency) provided in your Account, unless we are notified otherwise. It is essential that you regularly review your Account settings to promptly identify and report any unauthorized or suspicious activities. We shall not be liable for any claims or losses resulting from unauthorized transactions, unless you have duly notified us in accordance with the procedures outlined in this section.

THIRD-PARTY LINKS AND TOOLS

Certain Services may be provided by our partnering third-party service providers or affiliated companies (“Third-Party Tools”). The partnering third-party service providers are referred to as “Partners”.

Your use of Third-Party Tools is governed by these Terms of Use as well as separate terms and conditions provided by the relevant Partners. By accessing Third-Party Tools, you acknowledge and agree that they are provided "AS IS" and "AS AVAILABLE," without any warranties, representations, or conditions, and without endorsement from us. We are not responsible for the actions or inactions of the Partners, nor do we examine or evaluate the content or accuracy of Third-Party Tools. We disclaim any liability or responsibility for Third-Party Tools or any other materials, products, or services provided by third parties.

Your use of Third-Party Tools through the Heatbit App is at your own risk and discretion. It is your responsibility to understand and agree to the terms under which these tools are provided by the relevant third-party providers. You should familiarize yourself with the terms and conditions of Third-Party Tools, including how these service providers may utilize your information in accordance with their privacy policies. All complaints, claims, concerns, or questions regarding Third-Party Tools should be directed to the respective Partner.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, contest proposals) or without request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information in the Heatbit App that contains typographical errors, inaccuracies or omissions that may relate to any features of the Heatbit App, remuneration, promotions, offers, other information provided within the Heatbit App. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information if any information in the Heatbit App is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Heatbit App, including, except as required by law. No specified update or refresh date applied in the Heatbit App should be taken to indicate that all information in Heatbit App has been modified or updated.

PROHIBITED USE

We hereby grant you a limited, non-exclusive, non-transferable license, subject to the terms and conditions set forth in these Terms of Use and/or Policies, to access and utilize the Services and associated content, materials, and information solely for the purposes permitted herein.

Any utilization of the Services or content of the Heatbit App beyond the scope defined herein is explicitly prohibited, and all other rights, titles, and interests in the Services or the Heatbit App are exclusively owned by us and our licensors.

You are expressly prohibited from utilizing the Heatbit App or its Services:

• To solicit others to engage in unlawful or prohibited acts;
• For any unlawful purpose or engaging in any transaction, activity, or use of the Services, the Heatbit App, or its content other than as permitted by these Terms of Use;
• To contravene any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
• To infringe upon or violate our intellectual property rights or those of others;
• To upload or transmit viruses or any other malicious code that may affect the functionality or operation of the Heatbit App;
• To collect or track personal information of others;
• For any obscene or immoral purpose;
• To interfere with or bypass the security features of the Heatbit App;
• To reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to access or derive any software component of the Heatbit App, in whole or in part;
• To access or use the Heatbit App for competitive analysis, development, provision, or use of a competing software service or product, or any other purpose detrimental to us or commercially disadvantageous;
• To access or use the Heatbit App in, or in connection with, the design, construction, maintenance, or operation of hazardous environments, systems, or applications, safety response systems, or other safety-critical applications, or any other use or application where the use or failure of the Heatbit App could result in personal injury or significant physical or property damage;
• To remove, delete, alter, or obscure any trademarks, warranties, disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Heatbit App, including any copies thereof;
• To use the Heatbit App in a manner that may incur civil or criminal liability for us, or may tarnish our reputation;
• To engage in any transactions related to illicit activities, fund obfuscation, illegal services, fraudulent schemes, pyramid schemes, dark net activities, extortion, money laundering, terrorist financing, subjects of sanctions regimes, or other categories of unacceptable risk for the Heatbit App.

We retain the right to terminate your utilization of the Heatbit App and the Services, withhold payment for computing power, void any transaction, or undertake any necessary actions at our sole discretion in the event of any infringement of these prohibited uses.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We shall not guarantee the accuracy, completeness, reliability of any content, such as, but not limited to, advertising in the Heatbit App in any manner. We are not responsible for any products, services, information or materials obtained by the user according to the content information in the Heatbit App. The user bears the risk of using the content published in the Heatbit App.

Occasionally, there may be information in the Heatbit App that contains typographical errors, inaccuracies or omissions that may relate to any features of the Heatbit App, the Services, and other information provided within the Heatbit App. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information if any information in the Heatbit App is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Heatbit App, including, without limitation, information about the Services, except as required by law. No specified update or refresh date applied in the Heatbit App should be taken to indicate that all information in the Heatbit App has been modified or updated.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

You acknowledge and agree that Services are provided by us based on our current technological capabilities and prevailing conditions. Despite our diligent efforts to ensure the continuity and security of Heatbit App and/or Services, we cannot entirely anticipate and mitigate all legal, technological, and other risks, including but not limited to force majeure events, viruses, hacker attacks, system instabilities, vulnerabilities in third-party services, governmental actions, or regulatory changes. These risks may lead to service interruptions, data loss, and other potential losses and hazards.

We warrant that we:

• Will not sell, buy, provide, exchange, or otherwise disclose your data, transaction details, or personal information to anyone other than the Partners and third parties set out in the Privacy Policy;
• Will perform the Services: (i) in a good, timely, efficient, professional and workmanlike manner; and (ii) using personnel who are qualified and fully familiar with the technology, process and procedures to be used to deliver the Services.

We do not guarantee, represent or warrant that:

• Your use of the Heatbit App or Services will be available, uninterrupted, timely, secure, accurate, complete, and error-free or will operate without loss;
• The data that may be obtained from the use of the Heatbit App or Services will be accurate or reliable;
• Your use of the Heatbit App or Services will meet your expectations on merchantability, merchantable quality, fitness for a particular purpose, durability, title, profitability and non-infringement;
• Any protection or other security measures for your digital wallet that you may use or allow others to use in connection with the Heatbit App and the Services will prevent unauthorized access to your wallet, or that your wallet will not be accessed or misused by any other party.

In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Heatbit App and Services, or for any other claim related in any way to your use of the Heatbit App and/or Services, including, but not limited to, (i) consequences arising from the application, use, or misuse of any resources contained on or made available through the Heatbit App, including any injury and/or damage to any person or property as a matter of product liability, negligence, or otherwise, (ii) any errors or omissions in any content, (iii) or any loss or damage of any kind incurred as a result of the use of the Heatbit App and Services, including the loss of due or expected savings, or any content posted, transmitted, or otherwise made available via the Heatbit App, even if advised of their possibility.

We do not endorse any claims about the efficacy of Heatbit App and/or Services. We specifically disclaim any guarantee or warranty, express or implied, with respect to any Services. No information conveyed by us either orally or in writing shall create such a warranty.

To the maximum extent permitted by law, we hereby exclude liability for any losses or damages which you may suffer, whether the same are suffered directly or indirectly or are immediate or consequential, which fall within any of the following categories:

• Your failure to ensure security of access to your wallet connected to the Heatbit App and all consequences related to your failure to so;
• Your failure to observe or comply with any notices or warnings that we may send you;
• Any circumstances that affect the transaction after the virtual currency has been sent to the address you have provided;
• Any unauthorized access to your digital wallet address in the Heatbit App;
• Any change in the exchange rate of cryptocurrency;
• Any changes in applicable law or regulation, or the acts of any legislator or regulator in any part of the world;
• Any delays, failures, or interruptions in Services, which result directly or indirectly from any Force Majeure Event. “Force Majeure Event” means any event that is beyond our reasonable control, including, but not limited to, unforeseeable disruption or breakdown of cryptocurrency markets (or other related financial markets), acts of war, issues with technology suppliers, issues with import/export restrictions, unforeseeable lack of electricity supplies, blackouts, brownouts, power shortages, government regulations, weather (including blizzards and other similar items), disease, epidemic or pandemic (where an epidemic or pandemic has been declared at our place of business by the Center for Disease Control or the World Health Organization), where such disease, epidemic, or pandemic causes a government-mandated shutdown, or any other issue outside of our reasonable control;
• Any interruptions to or errors of your device, or networks;
• Any actions or inactions of Partners that are engaged in the transactions;
• Any insecurity while transferring or storing your data;
• Any damage to your data;
• Any loss of goodwill;
• Any damage or interruption caused by any computer viruses, spyware, scareware, Trojans, worms, or other malicious software that may affect your device, or any phishing, spoofing, or other attacks;
• Special damage even though either party was aware of the circumstances in which such special damage could arise;

• Loss of anticipated savings, profit, income, or any indirect, special, incidental, or consequential damages and loss of opportunity;
• Loss of currency or cryptocurrency arising as a result of any of your acts or omissions or those of any third party;
• Loss arising out of or in connection with:

• Any defect or insecurity in any systems or tools of the Heatbit App;
• Any inaccurate or incomplete information you provide, including digital wallet address or bank details;
• Any changes to the regulatory, legislative or technical environment applicable to cryptocurrency;
• Any indirect, special, incidental, or consequential damages;
• Any acts or omissions of any Partner; or
• Any change in the value of cryptocurrency howsoever arising (including as a result of our acts or omissions).

You hereby represent and warrant that:

• You will implement all necessary security measures to safeguard your digital wallet;
• You have the right to use any digital wallet, credit card, or other method of payment that you submit in connection with the Services;
• You possess adequate knowledge and experience in business and financial matters, including a thorough understanding of blockchain technologies, cryptocurrency, digital assets, smart contracts, and storage mechanisms (digital wallets). Upon confirmation on the blockchain that the virtual currency has been transmitted, our obligations shall be deemed duly fulfilled;
• You bear full responsibility for the accuracy of the digital wallet address provided. In the event of loss of virtual currency due to an incorrect, invalid, or unsuitable address for a particular type of virtual currency, you shall assume liability;
• You assume the responsibility to maintain up-to-date contact details to ensure receipt of any notifications or warnings we may issue;
• All currency or cryptocurrency received via the Heatbit App will be utilized solely for lawful purposes, strictly adhering to all applicable laws. This includes, but is not limited to, ensuring compliance with anti-money laundering and counter-terrorist financing requirements, sanctions, and other regulatory mandates.

You hereby agree that no equipment, device purchased from Heatbit (“Device”), mobile devices, and internet communication equipment is completely free of fault, occasional technical disruptions may affect the Services, and so can human error, which may result in misrepresentation of content or miscommunication.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

You agree that from time to time we may remove from the Heatbit App any Services for indefinite periods of time or cancel Services at any time, without notice to you.

EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH ABOVE, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THIS SECTION WE MAKE NO WARRANTY OF ANY KIND THAT THE SERVICES OR RESULTS OF THE USE THEREOF, WILL MEET USER’S OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICE, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. WE MAKE NO GUARANTEE OF FUNCTIONALITY, SECURITY, OR AVAILABILITY OF THE SERVICES.

THE OPERATION OF THE HEATBIT APP MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND OUR CONTROL. THE OPERATION OF THE HEATBIT APP, WHETHER BY US, OUR SUPPLIERS OR OUR VENDORS, MAY NOT BE SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED. PROTECTION AND ANY OTHER SECURITY MEASURES MAY NOT PREVENT UNAUTHORIZED ACCESS TO DIGITAL WALLET ADDRESS ALLOW OTHER PERSONS TO USE IN CONNECTION WITH THE HEATBIT APP.

CAP ON MONETARY LIABILITY. IN NO EVENT WILL THE OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE POLICIES, WHETHER ARISING UNDER OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED USD $1,000.00.

You acknowledge and agree that the limitations set forth above are fundamental elements of these Terms of Use and the Services would not be provided to you absent such limitations.

No action, suit or proceeding arising out of or in connection with these Terms of Use may be brought more than one year after the asserted cause of action arises. The provisions of this Section shall not limit (a) liability for breach of any confidentiality obligation, (b) liability for infringement of the other party’s Intellectual Property Rights, (c) the indemnity obligations set forth in these Terms of Use, (d) liability added by a court or an arbitration panel to a judgment entered in any action or proceeding under these Terms of Use.

INTELLECTUAL AND OTHER PROPRIETARY RIGHTS

The Heatbit App. and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Heatbit Inc., its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Heatbit App. for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the material on our Heatbit App., except as follows:

Your electronic device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

If we provide social media features https://heatbit.com with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this App.

Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

You must not access or use for any commercial purposes any part of the Heatbit App. or any services or materials available through the Heatbit App.

No right, title, or interest in or to the Heatbit App or any content on the Heatbit App is transferred to you, and all rights not expressly granted are reserved by the Heatbit Inc.. Any use of the Heatbit App  not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

TRADEMARKS

The Company name, the terms Heatbit and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

INDEMNIFICATION

The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms.

TERM

Terms ascribed in these Terms of Use are valid indefinitely and may be changed by us from time to time and at any time. Terms of these Terms of Use shall survive termination of the Power Computing Service Agreement or your Account.

TERMINATION

We reserve the right to suspend, restrict, or terminate your access to the Heatbit App, any or all of the Services under the following circumstances:

• Upon receipt of a valid subpoena, court order, or compulsory order from a public authority;
• If we reasonably suspect your non-compliance with the Policies;
• In the event the Account is involved in any legal proceedings, investigation, or government proceedings;
• When there is an escalated risk of non-compliance with legal or regulatory requirements concerning your utilization of the Heatbit App and any or all of the Services;
• If we determine, at our sole discretion, that you or your utilization of the Heatbit App and the Services could harm the Heatbit App, us or any other Indemnified Party, or negatively affect reputation. We are not liable for any adverse effects these actions may have on you or any third party.

You have the right to inform us of your decision to discontinue utilization of the Heatbit App at any time by submitting a request to the support team using the contact details provided below.

WAIVER

No waiver by the Heatbit Inc. of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Heatbit Inc. to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

CORRESPONDENCE

When you send emails or other electronic messages to us or in connection with the Heatbit App, you are communicating with us electronically and consent to our review and analysis of such messages and to receive return communications, if any, from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. It is your responsibility to turn on notifications, including but not limited to notifications from a third-party payment processing company. By accessing or using the Heatbit App, you consent to receive communications through emails, push notifications, text messages (including SMS), and phone calls. These communications may promote Company or projects listed on the Platform. Please note that any communications, including phone calls, may be monitored and recorded for quality control purposes. You can opt-out of certain communications by submitting a relevant request.

ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use, along with any Policies or operating rules posted by us, constitute the entire agreement and understanding between you and us, governing your use of the Heatbit App and the Services. The terms herein and in the Policies supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).

Any ambiguities in the interpretation of these Terms of Use shall not be construed against us.

SEVERABILITY

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

GOVERNING LAW

The Terms, your use of the Services, any claim, counterclaim or dispute of any kind or nature whatsoever arising out of the Terms, directly or indirectly, shall be governed by, and construed in accordance with the without regard to the principles of conflicts of laws thereof.

These Terms of Use, your use of the Heatbit App and the Services, all transactions through the the Heatbit App, and all related matters, regardless of your location, are governed solely by, and construed solely in accordance with, the laws of State of Delaware, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws.

Any controversy or claim arising out of or relating to this Terms of Use, us of Heatbit App, our Services, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

MODIFICATIONS

We may update these Terms of Use from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. Any new features or tools that are added to the Heatbit App shall also be subject to the Terms of Use.

You can review the most current version of the Terms of Use at any time in the Heatbit App. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes in the Heatbit App. It is your responsibility to check these Terms periodically for changes. Your use of, or access to, the Heatbit App following the posting of any changes constitutes acceptance of those changes.

NATURE OF THE SERVICES

We do not offer personalized guidance on the Services provided. We explicitly clarify that we are not acting as your broker, intermediary, agent, or advisor, and no fiduciary relationship or obligation is established between us in connection with any transactions or activities undertaken through the Heatbit App. We refrain from providing investment or consulting advice of any nature. None of the communications or information disseminated by us should be construed as advice of any kind.

While on occasion, we may furnish factual information, elucidate transaction procedures, or delineate potential risks, it remains unequivocally your decision to utilize Heatbit App and its Services. Any communication or information conveyed by us should not be interpreted as investment advice, financial advice, trading advice, tax advice, or any other form of guidance.

The responsibility for utilizing the Services and evaluating whether any investment, investment strategy, or associated transaction aligns with your individual investment objectives, financial position, and risk tolerance lies solely with you. In case of any concerns regarding your status or obligations when using the Services, we advise seeking independent advice.

CONTACT US

For more information about our practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at support@heatbit.com or by mail using the details provided below:

Heatbit inc.

8 The Green # 12380

Dover, DE 19901

United States