Terms and Conditions

1. Who is TOKHIT?

1. TOKHIT is the owner and administrator of the website: www.tokhit.com
2. According to the GDPR regulation, considering the personal data processed by our platform, we (TOKHIT) are considered data controller and our visitors and users are considered data subjects.

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2. Your Acceptance

This agreement (the “Agreement”) between you and TOKHIT APP S.R.L. (“we”, “us”, “our”) sets out your rights to access and use of https://tokhit.com and any other products or services provided by us (the “Service”). If you are accepting this Agreement and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to this Agreement. By accessing our Service, you agree that you have read, understood and accepted this Agreement.

If we decide to make changes to this Agreement, we will provide notice of those changes by posting a special notice on www.tokhit.com. Your continued use of the Service will confirm your acceptance of the changes.

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3. Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use, and disclose information about you.

TOKHIT APP software and services are designed to give you as much control and ownership over your social experience as possible and to encourage you to express yourself freely.

However, be responsible in what you publish. In particular, make sure that items like spam, malware, viruses, or illegal content or serious threats of violence will not appear on your account or get linked to/from your account.

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4. The services we provide

As you know the TOKHIT APP is the first gamified ecosystem where users can reach other people with the power of our unique AI Algorithm, make more money every day by using the TOKHIT APP, create quality content, and much more.

TOKHIT's innovative organic reach Algorithm will help users reach people and build a fan base very fast, without any Ad restrictions.

TOKHIT will decentralize social networking. We'll create a more democratic environment where users can build a community around their person or their brand, propose new features, vote on new functionalities, and impact our platform's future development. No Ads Involved.

TOKHIT is a project that is revolutionizing and innovating by being the first social network that will allow the creation of native NFTs in a very fast, creative and very low cost way. We democratize access to resources and we give the power back to users. At the same time we will reward you for your creativity, we will give you all the tools to express yourself, to have fun and to be able to communicate freely without any restrictions.

TOKHIT is a change of perspective for both content creators and brands, who now have the opportunity to interact with their audience in a more creative way than ever before.

Inspired by the Pandemic, we have created the next generation of Emoji, called AirHugs. With these dudes, you can send Digital Hugs to your friends, fans, and stars. Each AirHug is unique, thus creating a more personal gesture, and their number is limited.

In accordance with the aspects presented above, TOKHIT aims to offer the following services:

1. Provide a personalized experience for you - Your experience on the TOKHIT APP is unlike anyone else's: from the posts, stories, events, and other content you will see on the platform. We use the data we have - for example, about the connections you make, the choices and settings you select, and what you share and do on and off our Products - to personalize your experience.
2. We offer you the opportunity to create exclusive content - In the TOKHIT APP you will be able to create NFTs in a very fast, creative and at a low cost. We will also give you the opportunity to express yourself freely and to put your ideas into practice.
3. Gaming, gamification and collections - Games are part of the TOKHIT universe, and interacting with them, but also with other users, becomes a constructive way to spend time.
4. Connect you with people and organizations you care about - We help you find and connect with people, groups, businesses, organizations, and others that matter to you. We also offer you the opportunity to build 100% organic communities, because TOKHIT is not based on an advertising-based business model.
5. We offer you the possibility to interact with a creative feed – TOKHIT APP it's a place where you can share pics, videos, songs, music, dances, written content, gifs, voices clips, poems and anything else you want.</li>
6. Build Communities Organically, Ad-Free – TOKHIT's Organic Reach Algorithm empowers creators to gain visibility, build their brand, and engage with their community. Quality content is automatically pushed to other users, helping our community expand its networks exponentialy.
7. We offer you the possibility to be remunerated for your content - We will offer you Diamond HITT Coins that turn into real money, if you create quality content. This is done through an objective assessment based on Artificial Intelligence that takes into account, among other things, the interaction of other users with the content.
8. Generate Passive Streams of Income – TOKHIT's complex monetization tools provide multiple ways to earn income. You can generate passive income by doing the following activities: Content creation, in-app activity, NFT minting, tokenized transactions, token staking, and NFT trading.
9. We offer you the possibility to make secure payments to any merchant using HITT cryptocurrency, which instantly converts to the current exchange rate. This is possible through the wallet that the TOKHIT APP contains.
10. We offer you a virtual space in which you can invest, buy, sell collectibles and digital assets, to earn money quickly or on the long-term, with the help of NFT Technology and the Web 3.0 Revolution.
11. We help you discover content, products, and services that may interest you – We offer you the opportunity to interact with your favorite artist, to follow their content and to live an unforgettable experience.
12. We offer you a secure environment in which you can develop and in which you can express your ideas - Privacy and data security are essential in the TOKHIT's architecture. TOKHIT is a secure platform, in which users have the power, the platform being a decentralized one, a blockchain-based platform.
13. (Research ways to make our services better - We engage in research to develop, test, and improve our Products. This includes analyzing the data we have about our users and understanding how people use our Products, for example by conducting surveys and testing and troubleshooting new features. Our Privacy Policy explains how we use data to support this research for the purposes of developing and improving our services.
14. (Enable global access to our services - To operate our global service, we need to store and distribute content and data in our data centers and systems around the world, including outside your country of residence.

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5. Our Main Revenue Streams

1. TOKHIT's innovative business model features multiple revenue streams:
2. NFT Publication on TOKHIT – The cost of publishing an NFT for sale
3. NFT Selling on TOKHIT – The commissions paid by a user for selling an NFT
4. NFT Reselling on TOKHIT – The commissions paid by a trader for resseling an NFT
5. Membership for Creators – The commissions set for our membership program
6. AirHugs Items Shop – The revenues earned for selling AirHug Items
7. Library Subscription Plan – The cost of storing content on Blockchain
8. Brands & Influencers Promo Platform – The cost for connecting influencers with brands
9. Brands & Influencers Platform for NFT – Connect the influencers with brands for promoting
10. In-App Pay-to-Play-to-Earn – The entrance fee for Pay-to-Pay-to-Earn Games
11. TOKHIT All-in-One – The cost to unlocking all the features + 0 other fees

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6. Your commitments to the TOKHIT APP and our community

We provide our services to you and others to help advance our mission. In exchange, we need you to make the following commitments:

Who can use TOKHIT APP:

The use of TOKHIT APP is for all persons age 13 and over who agree to these Terms and Conditions.

If you want to use our platform, you need to:

1. Use the same name that you use in everyday life.
2. Provide accurate information about yourself.
3. Create only one account (your own)
4. Not share your password, give access to your TOKHIT APP account to others, or transfer your account to anyone else (without our permission).

You cannot use TOKIT APP if:

1. You are under 13 years old.
2. We've previously disabled your account for breaches of our Terms or Policies.
3. You are prohibited from receiving our products, services, or software under applicable laws.

Allowable content and acceptable use

At TOKIT our focus is creating a positive and helpful experience for our users. We want TOKHIT APP to be safe, fun, and to offer you the possibility to express yourself freely. This means there are a few rules that you will need to follow. You have no right to:

1. Violate any law or regulation.
2. Send unsolicited or unauthorized advertising or commercial communications, such as spam.
3. Engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site or Services.
4. Use automated methods to use the Site or Services.
5. Stalk, harass, bully, intimidate, or harm another user.
6. Post unlawful, harmful, obscene, or pornographic content.
7. Post content you do not have the right to transmit.
8. Post content that infringes on trademarks or copyrights.
9. Post content that is hateful, threatening, harmful, incites violence; or contains graphic or gratuitous violence.
10. Post viruses or malicious scripts.
11. Post spam or link bait.
12. Impersonate someone.
13. Use the TOKHIT APP to do anything unlawful, misleading, malicious, or discriminatory.
14. Encourage, or assist any third party in doing any of the foregoing.
15. To impersonate, attempt to impersonate, or falsely imply that you are associated with the TOKHIT APP, another User, or any other person or entity.
16. To use, distribute, modify, create derivative works from, or copy the Services or any feature of the Services or any User account (including any User Content) in whole or in part, or decompile, reverse engineer, disassemble, attempt to derive the source code or underlying algorithms of the Services or any feature of the Services, except as may be permitted under any license applicable to the Services.
17. In the event an account is banned due to the breach of these Terms, and the account owner no longer has access to the platform, TOKHIT APP will have no obligation to provide a refund of any kind including refund of any outstanding wallet amounts such as token balances or any amounts previously paid.

Rights reverved:

At its discretion, TOKHIT APP may permanently cancel accounts of users who violate the Terms of Service. TOKHIT APP reserves the right to view all the content posted on the platform for the purposes of fixing issues, to respond to complaints about Terms of Service violations, or when required to do so by law. TOKHIT APP reserves the right to remove objectionable content without notice. We can remove any content or information you post on the platform if we believe that it violates our Terms of Service.

We may suspend or terminate your account or cease providing you with all or part of the Services at any time if we reasonably believe you have violated these Terms.

While we have the right to monitor activity and content associated with our platform, we are not obligated to do so. We do not guarantee the accuracy, integrity or quality of any content submitted by users. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, you understand that in the process of using our app, you may be exposed to content that you find offensive or objectionable in your communities. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted at TOKHIT APP platform. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. We also, however, reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the platform.

TOKHIT APP will not assume the responsability for any harm that the user may suffer as a result of using our platform.

User Content Ownership

Materials, including but not limited to text, data, images, graphics, photos, audio, audiovisual, videos, and content of any nature provided by users of our platform are owned by the party contributing such content. As a user of TOKHIT APP, you are solely responsible for your own submissions. By transmitting your submissions you represent that you have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. You agree that you will not submit material that is or contains the intellectual property of a third party that you do not have permission to use. You promise that your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

TOKHIT APP is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, which may be inaccurate, infringing, offensive, indecent, or objectionable. You understand that all information posted or transmitted through TOKHIT APP is the sole responsibility of the person from which such content originated and that we are not and will not be liable for any errors or omissions in any content. You understand that we cannot guarantee the identity of users or the accuracy of any data that are posted on our platform.

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7. Your username and password

Use of our Services requires a username and a password. You are responsible for keeping your password secure. In any case, you affirm that you are over the age of 13 (“Minimum Age”), as the Website is not intended for children under 13.

If you create an account on the TOKHIT APP platform, you are responsible for maintaining the security of your account, and you are fully and solely responsible for all activities that occur therein.

When you create an account on our platform we will send you a confirmation on your phone number.

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8. Passwords

You are responsible for safeguarding the password that you use to access our platform and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. We will not be liable for any loss or damage arising from your failure to comply with the above.

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9. Responsibility of registered users

1. You acknowledge that you are solely responsible for all the activity performed on TOKHIT APP platform.
2. You are solely responsible for keeping your account information (including your access credentials) secret and secure. You shall not sell, rent, lease, lend, transfer, license or assign your account, credentials, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, TOKHIT APP prohibits the creation of accounts on behalf of other persons or entities. Unless you are so authorized, you shall not create a TOKHIT APP account on behalf of any other person or entity.
3. You are solely responsible for your interaction with other Users of the Services, whether online or offline. You agree that TOKHIT APP is not responsible or liable for the conduct of any User. TOKHIT APP reserves the right, but has no obligation, to become involved in disputes between you and other Users.
4. You shall immediately notify TOKHIT APP of any unauthorized uses of your username or account or of any other breaches of security.
5. You are entirely responsible for the content you create on our platform.
6. By using TOKHIT APP, you represent and warrant that your User Content and conduct do not and will not violate these Terms (including our TOKHIT Privacy), infringe the rights of any other person or entity (including intellectual property rights and privacy rights), or violate any applicable law, rule or regulation.
7. If you delete User Content, TOKHIT APP will use reasonable efforts to remove it from the platform, but you acknowledge that caching or references to the User Content may not be made immediately unavailable.
8. By registering an account and making User Content available, you further represent and warrant that the user content does not violate the TOKHIT APP Privacy Policy
9. Your use of the Services and User Content will not infringe the rights of any other party (including intellectual property rights and privacy rights) or violate any applicable law, rule, or regulation;
10. Any Use by TOKHIT APP of any User Content will not infringe the rights of any other party (including intellectual property rights and privacy rights) or violate any applicable law, rule, or regulation;

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10. The disclosure of your personal to third parties

Throughout its normal course of business TOKHIT will not disclose or transfer, for direct marketing purposes, your personal data to third parties, regardless if such parties are located in Romania, in EU or outside EU.

Our employees

TOKHIT employees having access to personal data have been trained to observe the security and confidentiality of the personal data they have access to in performing the business activity. TOKHIT employees' access to personal data is limited to the information required in performing their specific tasks.

Suppliers

We perform our daily activities at the highest standards thus sometimes we chose to cooperate with other companies in order to facilitate several technical or administrative processes such as: e-mail hosting services, storing data, sever hosting, legal services etc.

In case we decide to contract third parties for the supply of specific services, we will ensure that such third party complies with the provisions of GDPR and we will provide all information required for the proper performance of their services.

Legal requirements

Your personal data may be communicated to governmental authorities and/or law enforcement agencies if required by the applicable law.

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11. Which are your rights and how can you effectively exercise them

TOKHIT as data controller, ensures technical and organizational measures to be sure that your rights (as a data subject) are observed:

Right of access

You have the right to obtain the confirmation as to whether or not personal data concerning you are being processed by us, and, where that is the case, access to your personal data and information on how they are processed.

Right to decide what you want to do with other users

You have the right to block other users and you can report what they post on our platform if you consider that they are violating our terms and conditions or if they attack you in any way. You can also block other users if they post inappropriate content. You also have the right to block other people for any other reason you deem justified.

Right to data portability

You have the right to receive some of your personal data, which you have provided to us, in a structured, commonly used and machine-readable format and you have also the right to transmit those data to another controller without hindrance from us, where technically feasible.

Right to object

You have the right to object to processing of your personal data, when processing is necessary for the performance of a task carried out in the public interest or for the purposes of the legitimate interests pursued by us. You have the right to object at any time if your personal data are being processed for direct marketing purposes.

Right to rectification

You have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning you. The rectification shall be communicated to each recipient to whom the data was sent unless this proves impossible or involves disproportionate (demonstrable) efforts.

Right to erasure ('right to be forgotten')

You have the right to obtain from us the erasure of personal data concerning you without undue delay and we have the obligation to erase your personal data without undue delay where one of the following grounds applies: your personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraws consent on which the processing is based and there is no other legal ground for the processing; you objects to the processing and there are no overriding legitimate grounds for the processing; your personal data have been unlawfully processed; your personal data have to be erased for compliance with a legal obligation; your personal data have been collected in relation to the offer of information society services.

Right to restriction of processing

You have the right to obtain from us restriction of processing where one of the following applies: you contest the accuracy of your personal data, for a period enabling us to verify the accuracy of your personal data; the processing is unlawful and you oppose the erasure of your personal data and request the restriction of their use instead; we no longer need your personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims; you has objected to processing pending the verification whether the legitimate grounds of the controller override those of the data subject.

Right not to be subject to a decision based solely on automated processing

You have the right not to be subject to a decision solely based on automated processing, including profiling, which produces legal effects concerning the data subject or similarly affects the data subject in a significant manner. Therefore, we hereby state that TOKHIT does not use applications, algorithms, artificial intelligence or automatic process to make automatic decisions (without human intervention) that produces legal effects.

To exercise your rights listed above you can send us your request (accompanied by your contact details) electronically to the e-mail address [email protected]

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12. Updating our Terms

We work constantly to improve our services and develop new features to make our Products better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. We will only make any changes if the provisions are no longer appropriate or if they are incomplete, and only if the changes are reasonable and take due account of your interests.

We will notify you before we make changes to these Terms and give you an opportunity to review them before they go into effect, unless the changes are required by law. Once any updated Terms are in effect, you will be bound by them if you continue to use our Products.

If you no longer wish to use our platform following an update, you are free to delete your account.

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13. Account suspension or termination

If we determine that you have clearly, seriously or repeatedly breached our Terms or Policies, including in particular our platform standards, we may suspend or permanently disable access to your account. We may also suspend or disable your account if you repeatedly infringe other people's intellectual property rights or where we are required to do so for legal reasons.

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14. Disputes

We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it's useful to know up front where it can be resolved and what laws will apply.

You agree that any action of whatever nature arising from or relating to these Terms and Conditions, the Site, or Services we provide will be filed only in the competent courts located in Cluj-Napoca, Romania. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

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15. Governing Law

The terms and conditions provided in this document will be interpreted and applied in accordance with existing laws in Romania. Any other interpretation given to the terms is contrary to the provisions of this document.

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16. Contact Information

TOKHIT APP SRL, located in Cluj Napoca, Cluj Country, Street Mircea Eliade 2A, Floor P, Ap. 7

Email: [email protected]