Terms of Service

Legal terms and conditions governing the use of our services and website.

Last updated: October 1, 2024 Jurisdiction: Vietnam

Welcome to HBW Technology Solutions

These Terms of Service ("Terms") govern your use of HBW Technology Solutions' services, including but not limited to blockchain development, smart contract creation, DeFi protocol development, and AI trading systems.

Company: HBW Technology Solutions

CEO: Brian Nguyen

Specialization: Blockchain & DeFi Development

Location: Da Nang City, Vietnam

Website: hbw.com

Email: legal@hbw.com

1 Acceptance of Terms

By accessing or using our services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you may not use our services.

Agreement Conditions

  • • You must be at least 18 years old or have legal capacity to enter contracts
  • • You represent that you have authority to bind your organization (if applicable)
  • • You agree to comply with all applicable laws and regulations
  • • You acknowledge understanding of blockchain technology risks

Important: These terms may be updated periodically. Continued use of our services constitutes acceptance of any changes.

2 Our Services

Blockchain Development

  • • Smart contract development and auditing
  • • Custom blockchain solutions
  • • Multi-chain integration and deployment
  • • Tokenomics design and implementation
  • • DeFi protocol development

AI Trading Systems

  • • AI-powered trading bot development
  • • Market analysis algorithms
  • • Risk management systems
  • • Portfolio optimization tools
  • • Integration with DeFi protocols

Web Development

  • • DApp frontend development
  • • Web3 integration
  • • Responsive web applications
  • • E-commerce platforms
  • • API development and integration

Mobile & Consulting

  • • Mobile app development (iOS/Android)
  • • Blockchain consulting services
  • • Technical architecture review
  • • Security audits and assessments
  • • Training and support services

Service Specifications

All services are provided according to specifications agreed upon in individual contracts or statements of work. HBW reserves the right to modify service offerings and pricing with appropriate notice.

Custom Development Maintenance & Support Consulting Services Training Programs

3 User Obligations and Prohibited Uses

Your Responsibilities

✅ Required Actions

  • • Provide accurate project requirements
  • • Make timely payments as agreed
  • • Respond to communications promptly
  • • Comply with all applicable laws
  • • Maintain confidentiality of sensitive information

❌ Prohibited Activities

  • • Illegal or fraudulent activities
  • • Money laundering or terrorist financing
  • • Unauthorized access to systems
  • • Intellectual property infringement
  • • Harmful or malicious software distribution

Compliance Requirements

Users are responsible for ensuring their projects comply with applicable regulations in their jurisdiction, including but not limited to:

  • • Securities regulations
  • • Anti-money laundering (AML) laws
  • • Know Your Customer (KYC) requirements
  • • Tax obligations and reporting
  • • Consumer protection laws
  • • Data protection regulations

Blockchain-Specific Considerations

Given the nature of blockchain technology, users acknowledge and accept:

  • • Immutability of blockchain transactions and smart contracts
  • • Volatility and risks associated with cryptocurrency
  • • Potential regulatory changes affecting blockchain projects
  • • Technical risks including bugs, vulnerabilities, and network issues
  • • Responsibility for private key and wallet security

4 Intellectual Property Rights

HBW's Rights

  • • Proprietary methodologies and frameworks
  • • Pre-existing code libraries and tools
  • • Company branding and trademarks
  • • General knowledge and experience
  • • Right to showcase work (with permission)

Client's Rights

  • • Custom code developed specifically for client
  • • Project-specific documentation and deliverables
  • • Exclusive use rights upon full payment
  • • Source code and deployment rights
  • • Future modification and enhancement rights

Shared Responsibilities

Open Source Components

Both parties must comply with open source licenses and attributions.

Third-Party Integrations

Respect third-party API terms and licensing agreements.

Confidential Information

Mutual protection of proprietary and sensitive information.

Copyright and License Terms

Upon full payment, clients receive a perpetual, non-exclusive license to use custom-developed code. HBW retains the right to:

  • • Use general techniques and methodologies for other projects
  • • Reference the project in portfolios and case studies (with permission)
  • • Incorporate improvements into our frameworks and libraries

5 Payment Terms and Conditions

Payment Structure

  • Initial Deposit: 30-50% upfront payment
  • Milestone Payments: Based on deliverables
  • Final Payment: Upon project completion
  • Maintenance: Monthly or annual subscriptions
  • Currency: USD, EUR, or cryptocurrency

Accepted Payment Methods

  • Bank Transfer: International wire transfers
  • Cryptocurrency: BTC, ETH, USDT, USDC
  • PayPal: For smaller amounts
  • Wise: Multi-currency transfers
  • Escrow: Available for large projects

Payment Terms and Late Fees

Invoice Terms

  • • Net 30 days from invoice date
  • • Detailed breakdown provided
  • • Multiple currency options

Late Payment

  • • 1.5% monthly interest charge
  • • Work suspension after 45 days
  • • Collection agency referral

Disputes

  • • 14 days to report issues
  • • Good faith resolution efforts
  • • Mediation before litigation

Cryptocurrency Payment Considerations

When paying with cryptocurrency, please note:

  • • Exchange rates fixed at invoice generation
  • • Client responsible for network transaction fees
  • • Payment must be received in full within 24 hours
  • • Refunds subject to current market rates and fees

6 Warranties and Disclaimers

Our Warranties

Code Quality

  • • Industry best practices followed
  • • Comprehensive testing performed
  • • Security audits conducted
  • • Documentation provided

Support Period

  • • 90 days bug fix warranty
  • • Technical support included
  • • Minor updates and patches
  • • Documentation updates

Important Disclaimers

Blockchain Technology Risks

HBW cannot guarantee the performance, security, or profitability of blockchain applications. Users acknowledge the inherent risks of cryptocurrency and DeFi protocols.

Third-Party Dependencies

Services may depend on third-party platforms, APIs, and blockchain networks. HBW is not responsible for third-party service interruptions or changes.

Regulatory Compliance

Clients are solely responsible for ensuring compliance with applicable laws and regulations in their jurisdiction.

AS IS BASIS

EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7 Limitation of Liability

LIMITATION OF LIABILITY CLAUSE

IN NO EVENT SHALL HBW TECHNOLOGY SOLUTIONS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY.

MAXIMUM LIABILITY: TOTAL FEES PAID FOR THE SERVICE

Excluded Damages

  • • Lost profits or revenue
  • • Business interruption losses
  • • Loss of data or information
  • • Third-party claims and damages
  • • Cryptocurrency value fluctuations
  • • Smart contract vulnerabilities
  • • Network congestion or failures

Exceptions

  • • Gross negligence or willful misconduct
  • • Breach of confidentiality obligations
  • • Intellectual property infringement
  • • Violations of applicable law
  • • Death or personal injury

Note: Some jurisdictions do not allow limitation of liability for certain types of damages.

Time Limitations

Any claims arising from our services must be brought within one (1) year after the cause of action arose. This limitation applies regardless of the form of action, whether in contract, tort, or otherwise.

8 Termination of Services

Client Termination Rights

  • • 30 days written notice for ongoing services
  • • Immediate termination for cause
  • • Payment for completed work required
  • • Delivery of completed deliverables
  • • Return of confidential materials

HBW Termination Rights

  • • Non-payment of invoices (30+ days overdue)
  • • Breach of terms and conditions
  • • Illegal or unethical use of services
  • • Failure to provide required information
  • • Violation of intellectual property rights

Post-Termination Obligations

Data Return

Client data returned within 30 days in agreed format.

Final Payment

All outstanding invoices become immediately due.

Confidentiality

Confidentiality obligations survive termination indefinitely.

Refund Policy

Refunds are handled on a case-by-case basis:

  • • Completed work is non-refundable
  • • Unused portion of pre-paid services may be refunded
  • • Refund processing may take 30-60 days
  • • Cryptocurrency refunds subject to market rates and fees

9 Governing Law and Dispute Resolution

Jurisdiction and Applicable Law

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Vietnam, without regard to conflict of law principles.

  • • Vietnamese Civil Code
  • • Commercial Law of Vietnam
  • • Applicable international treaties

Jurisdiction

Courts of Da Nang City, Vietnam shall have exclusive jurisdiction over any disputes arising from these Terms.

  • • Da Nang City People's Court
  • • Vietnam International Arbitration Centre
  • • Alternative dispute resolution preferred

Dispute Resolution Process

1

Direct Negotiation

30 days good faith discussion

2

Mediation

Neutral third-party mediator

3

Arbitration

Binding arbitration if required

4

Court Action

Last resort litigation

International Considerations

For international clients, we may agree to alternative dispute resolution mechanisms:

  • • International Chamber of Commerce (ICC) Arbitration
  • • Singapore International Arbitration Centre (SIAC)
  • • Online dispute resolution platforms
  • • Applicable international commercial law

10 Contact Information

Legal and Contractual Inquiries

Legal Department

legal@hbw.com

Terms & Contract Questions

CEO & Founder

Brian Nguyen

Blockchain Expert & Project Manager

Company Address

Da Nang City, Vietnam

Business Registration Available

For urgent legal matters, please mark your email as "URGENT - LEGAL" in the subject line. We aim to respond to all legal inquiries within 2 business days.

Effective Date and Updates

These Terms of Service are effective as of October 2024 and may be updated from time to time. Significant changes will be communicated via email and website notification at least 30 days before taking effect.

Effective: October 2024 Version: 2.1 Next Review: January 2025 Language: English (Authoritative)