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 a 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

The TOKHIT APP is a gamified ecosystem where users can reach other people with the power of a unique AI Algorithm, find new income streams by using the TOKHIT APP, create quality content, and much more. At the same time, users will have the power to build a fan base very fast thanks to an innovative organic reach algorithm.

TOKHIT aims to decentralize social networking. It will 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.

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 low cost way. It will democratize access to resources and give the power back to users. At the same time, it will reward them for their creativity and give them the tools to express themselves, have fun, and communicate freely. TOKHIT proposes a shift of perspective for content creators and brands, who will have the opportunity to interact with their audience in a more creative way.

At the same time, inspired by the Pandemic, TOKHIT has created the next generation of Emoji, called AirHugs. With these characters, users can send Digital Hugs to their friends, fans, and stars. Each AirHug is unique and their number is limited, thus creating a more personalized experience.

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 posts, stories, and events, to the other types of 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, what you share on and off our products - to personalize your experience.
2. Offer the opportunity to create exclusive content - In the TOKHIT APP, you will be able to create NFTs in a very fast, creative, and low cost way. 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, can become a constructive way to spend time.
4. Connect you with people and organizations you care about - TOKHIT helps you find and connect with people, groups, businesses, organizations, and other entities that matter to you. It also offers you the opportunity to build communities organically.
5. Offer the possibility to interact with a creative feed - TOKHIT APP aims to be an environment where you can share pics, videos, songs, music, dances, written content, gifts, voices clips, poems and anything else you want.
6. Build communities organically - 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 exponentially.
7. Offer the possibility to be remunerated for your content - TOKHIT will offer Diamond HITT Tokens, a cryptocurrency which can be capitalized, to the users who create quality content. This is done through an objective assessment based on Artificial Intelligence that takes into account, among other things, the interactions between users and content.
8. Generate passive streams of income - TOKHIT`s complex monetization tools provide multiple ways to earn income. You will be able to generate passive income by doing the following activities: content creation, in-app activity, NFT minting, tokenized transactions, token staking, or NFT trading.
9. Make secure payments to merchants - these payments will be made using the HITT Token cryptocurrency, which can be converted in FIAT money. The payments will be enabled by a built-in wallet that will be integrated with the TOKHIT APP.
10. Offer a virtual space in which you can invest, buy, or sell collectibles and digital assets - this feature will help you find new income streams (for the short or the long-term) with the help of NFT technology.
11. Help you discover content, products, and services that may interest you - TOKHIT will offer you the opportunity to interact with your favorite artist, to follow their content, and to live an unforgettable experience.
12. Offer a secure environment in which you can express your ideas - Privacy and data security are essential to the TOKHIT architecture. TOKHIT aims to be a secure platform, in which users have the power.
13. Research ways to make our services better - TOKHIT engages in research to develop, test, and improve its Products. This includes analyzing the data we have about our users and understanding how people use our Products, for example by conducting surveys or 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.
15. Please note that the above-mentioned features represent TOKHIT's overarching vision. As the product moves forward, some or all of these features might be redefined, changed or removed. We do not guaranteed that any of the features presented in this document or on www.tokhit.com will be part of our products.

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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 reselling 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 - The cost of connecting influencers with brands for promoting NFTs
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 Website 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 the TOKHIT platform:

The use of the TOKHIT platform 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 account to others, or transfer your account to anyone else (without our permission).

You cannot use the TOKHIT 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 TOKHIT our focus is creating a positive and helpful experience for our users. We want the TOKHIT platform 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, platform, or services.
4. Use automated methods to use the site, platform 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 TOKHIT 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 TOKHIT, 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 generated 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 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.
18. Raffles and Prizes:
19. In the event that we (TOKHIT APP S.R.L.) will organize raffles or award prizes in exchange for the purchase of the HITT Tokens, the user assumes that the purchase of the token is made exclusively to invest in the TOKHIT Project and not for winning those prizes.
20. Any purchase of HITT Tokens is made by the user for the purpose of investing in the TOKHIT project and not for other purposes.

Rights reserved:

At its discretion, TOKHIT may permanently cancel the accounts of users who violate these Terms and Conditions. TOKHIT reserves the right to view all the content posted on the platform for the purposes of fixing issues, to respond to complaints about Terms and Conditions violations, or when required to do so by law. TOKHIT 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 platform, 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 on the TOKHIT 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 will not assume the responsability for any harm that the user may suffer as a result of using our platform.

User Generated 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 the TOKHIT platform, you are solely responsible for your own submissions. By transmitting your submissions you represent that you have all the 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 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 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.

Intellectual Property Rights

TOKHIT respects the intellectual property rights of others, and we expect you to do the same.

Copyright is a legal right that protects original works of authorship (e.g., music, videos, etc.). Generally, copyright protects an original expression of an idea (e.g., the specific way a video or music is expressed or created) but does not protect underlying ideas or facts.

The use of copyrighted content of others without proper authorization or legally valid reason may lead to a violation of TOKHIT's policies. TOKHIT SRL and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, TOKHIT SRL, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.

The account may be suspended or terminated for copyright violations in connection with the use of the TOKHIT site or app, or other violations of the Terms and Conditions or other policies. We (TOKHIT) are not responsible if an user`s content is copyrighted. We will not be held liable for any damages from the injured party, who is the one who fully assumes this risk.

As a TOKHIT user, you are responsible for the content you post. If you are unsure whether the material you plan to report to us is infringing or otherwise violating another person's right, you may also want to first seek legal advice before reporting such content to us.

Although, contacting the user directly may resolve your complaint more quickly and in a way that is more beneficial to you, the user, and our community. If you submit a report or infringement notification to us, we may contact you if we have additional questions about your report or notification.

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7. Your username and password

The use of our Services requires a username and a password. You are responsible for keeping your password secure. In any case, you declare 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 platform, you are responsible for maintaining the security of your account, and you are fully and solely responsible for all activities that occur therein.

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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 the TOKHIT 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 prohibits the creation of accounts on behalf of other persons or entities. Unless you are so authorized, you shall not create a TOKHIT 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 is not responsible or liable for the conduct of any User. TOKHIT reserves the right, but has no obligation, to become involved in disputes between you and other users.
4. You shall immediately notify TOKHIT 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, you represent and warrant that your User Generated 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 Generated Content, TOKHIT will use reasonable efforts to remove it from the platform, but you acknowledge that caching or references of that User Generated 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 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 data 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 the 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 object 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 defense 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 County, Street Mircea Eliade 2A, Floor P, Ap. 7

Email: [email protected]