Hofa.io is subject to all applicable laws and regulations relating to the protection of personal data and privacy in the United Kingdom including (without limitation) the EU Data Protection Directive 95/46/EC, the EU Directive on privacy and Electronic Communications 2002/58/EC, the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003, the Regulation of Investigatory Powers Act 2000, the Data Protection (Processing of Sensitive personal data) Order 2000 and all other industry guidelines (whether statutory or non-statutory) or Codes of Practice issued by the Information Commissioner relating to the processing of personal data or privacy or any amendments and re-enactments thereof.
Notice of Collection of Data
Please also note that where Hofa.io makes available chat rooms, forums, message boards, and news groups that personal data that you disclose in these areas becomes public information and you should exercise caution when deciding to disclose any information on them.
What data is being collected?
If you are merely visiting the public areas of Hofa.io, we do not collect any personal data about you, however, we may automatically collect information about your visits, such as browsing patterns. Information collected in this way does not reveal your contact details or any type of personal data. This information is only used in aggregate form to analyse, manage and develop Hofa.io and is not linked to any individual.
We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. If you choose to fill out any reader surveys, enter a competition, apply for an offer or make a purchase from our online shop, you will be asked to supply some information about yourself, including your name, address, phone number and email address.
Hofa.io also collects the details provided by you on registration together with information we learn about you from your use of our service and your visits to Hofa.io and other sites accessible from it. We also collect information about the transactions you undertake including details of payment cards used.
If you enter a competition you should read the terms and conditions of that promotion which will confirm how we will use any personal data submitted as part of the entry to the competition. By entering a competition or applying for an offer you give permission for Hofa.io to pass your details to any third party sponsor of the competition / offer so they may contact you in the event that you win the competition or qualify for the offer.
We may also collect additional information in connection with information you provide when giving us feedback or completing profile forms.
How we collect data
We collect data from information supplied by you. When you give Hofa.io your email address in response to marketing emails, you are asked to let Hofa.io know how it can be used. You may 'opt in' to receive regular email newsletters that contain information Hofa.io believe to be of value to you, specifically events, special discounts and offers selected by the Hofa.io marketing department.
All marketing emails will contain a link to opt out of further communications from Hofa.io . If you make a purchase via Hofa.io the assumption may be made that you will be interested in similar products and you may receive emails with information about these products. All marketing emails will contain a link to opt out of further communications from Hofa.io. For the avoidance of doubt you cannot opt out of service emails.
Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. "Cookies" are small pieces of information sent by a web server to a web browser, which enables the server to collect information from the browser.
Non-registered visitors of the site are sent anonymous cookies to keep track of their browsing patterns and build up a demographic profile. In addition, any visitor who has clicked on a Hofa.io advertisement on another site that links to Hofa.io will be sent anonymous cookies that will allow us to analyse advertising effectiveness and manage our relationship with affiliate sites.
Whilst you do not need to allow your browser to accept cookies in order to browse much of our web site or to access many of our services, you must have cookies enabled if you wish to shop online at any of our stores or access any areas reserved for registered users. Most browsers allow you to turn off the cookie function. If you want to know how to do this please look at the help menu on your browser.
Hofa.io cookies cannot be used by themselves to identify you and you have the ability to accept or decline cookies by modifying the settings in your browser. However, some interactive features of Hofa.io may not work if cookies are disabled. Cookies can be disabled in your browser by following the instructions found at http://www.allaboutcookies.org/manage-cookies.
Why data is being collected?
We collect data for a number of reasons. It helps us tailor and personalise you experience with Hofa.io and enables us to send you relevant information about products or services that may be of interest to you. We may use data to send you offers and news about Hofa.io Group products and services or those of other carefully selected companies which we think may be of interest to you. Your information may be passed to and used by all Hofa.io licensees and affiliates.
Hofa.io collects aggregate user information to sell sponsorships on Hofa.io to advertisers and to monitor customer traffic patterns such as the number of users to Hofa.io, the pages visited and the length of visit which enables us to improve the service we provide.
In addition, Hofa.io collects information from users who click on advertisements to measure interest and inform advertisers as to how many users have seen or clicked on their ads.
Hofa.io also uses demographic and preference information to allow advertising banners on Hofa.io to be targeted, in the aggregate, to the users for whom they are most pertinent.
What we do with the information collected
The information you provide is used to fulfil your specific request unless you give us permission to use it in another manner, for example to add you to one of our mailing lists. We will use your contact details to communicate with you.
We use personal data for the purpose of providing you with the services you have requested and to personalise our service to you. We may use your information to send you offers and news about Hofa.io Group products and services or those of other carefully selected companies which we think may be of interest to you. Your information may be passed to and used by all Hofa.io licensees and affiliates.
From time to time we may enter into a commercial arrangement with another company that is not owned by us to provide additional features. Hofa.io may also, from time to time, use third party suppliers to provide part of our service to you. Any personal data that you provide when signing up on a co-branded page may be shared with our third party partner.
We may also use and disclose information in aggregate (so that no individual customers are identified) for marketing and strategic development purposes and aggregate cookie and tracking information may be shared with third parties.
In some circumstances outside service providers may be based in countries outside the European Economic Area whose laws provide for a different standard of protection for your personal data than that provided under UK Law.
Save as explained above and subject to the provisions below Hofa.io will not pass on your individual user details to third parties without asking for explicit permission.
Hofa.io cooperates with all law-enforcement inquiries and reserves the right to disclose personally identifying or aggregate information to detect and prevent fraud and in connection with a subpoena or other court-sanctioned demand for such information.
We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.
How do we keep data secure?
Hofa.io has security measures in place to protect against the loss, misuse and alteration of the information under Hofa.io's control. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All newsletters from this site allow you to opt out of further mailings. You can also opt out of further emails other than service emails which are an integral part of our service, such as purchase confirmations, invoice emails, and customer notices such as those relating to data management and similar purposes.
We use appropriate physical, electronic and managerial security measures to try to prevent that personal data from being accessed by unauthorised persons and to ensure that you may input personal data safely. This means that sometimes we may ask for proof of identity before we disclose personal data to you.
Only aggregate statistics about the number of users and their traffic patterns will be given to advertisers.
1.1 Kreation Technologies LTD, Suite 17, 37 Stanmore Hill, Stanmore, United Kingdom, HA7 3DS (hereinafter: “KREATION”) offers a software solution as Mobile App, Web App and/or Browser Extension, with the help of which the User can keep blockchain-based digital assets (hereinafter: “Digital Assets”) himself and store the corresponding private cryptographic keys (hereinafter: “Private Key”) himself on his device. KREATION does not have access to or control over a User's Private Key and Seed Phrase or their Digital Assets at any time.
1.2 The User may use the HOFA.io App to, in particular, keep, store and manage Digital Assets and the corresponding Private Keys himself, send and receive transactions and cryptographically sign transaction messages, and interact with decentralized applications (hereinafter: “DApps”) from the Decentralized Finance sector (hereinafter: “DeFi”) (hereinafter: “DeFi DApps”), that KREATION does not operate itself.
1.3 KREATION does not offer these third-party DeFi DApps in its own name and does not broker the services of the DeFi DApps or Digital Assets (hereinafter “DeFi Services”). The conditions of service provisions, if any, shall be governed by the applicable contractual provisions between the User and the respective provider of the DeFi DApps or DeFi protocol or provider of Digital Assets.
1.4 By using the HOFA.io App, the User confirms that the User is aware of the inherent risks associated with the use of cryptographic and blockchain-based systems and that the User is experienced with handling Digital Assets and securing Private Keys. The User is aware that Digital Asset markets can be highly volatile due to various factors such as speculation, advancing technology, or changes in the regulatory environment. The use of DeFi DApps, especially for trading Digital Assets, may involve financial risks. Transactions undertaken and signed using the HOFA.io App are irrevocable and irreversible, and there is no possibility to refund Digital Assets that have been deployed.
1.5 The User acknowledges that KREATION offers a self-hosted wallet software. The User is responsible for storing and securing the Private Keys stored with the HOFA.io App. KREATION does not store Seed Phrases and Private Keys for the User, nor does it have access to the User's Seed Phrase and Private Keys. In the event of loss of the Seed Phrase and Private Keys by the User, KREATION will not be able to recover the User's Private Keys or otherwise restore access to the Digital Assets. KREATION is not responsible for the loss of the User's Seed Phrase or Private Keys. Only the User himself can recover his Wallet by entering or transferring the Seed Phrase in the HOFA.io App. The User is aware, that the use of blockchain infrastructures and the processing of blockchain transactions may result in network fees, which shall be borne by the User. KREATION does not charge the User with these network fees and cannot influence these costs.
1.6 KREATION does not provide any financial services, in particular KREATION does not give any investment recommendations or advice and does not provide any investment brokerage or crypto custody services. KREATION is also not the provider of the Digital Assets displayed in the user interface, does not offer these Digital Assets for sale or purchase and is not a provider of DeFi DApps and DeFi Services. The user is responsible for the tax treatment, in particular income tax treatment, of the profits from the purchase or sale of Digital Assets and use of DeFi DApps, protocols and services.
2.1 These General Terms and Conditions of Business and Use (hereinafter: “GTC”) apply to contracts concluded between KREATION and the contractual partner (hereinafter: “User”) (hereinafter: “User Agreement”). The contract is concluded by using the Mobile App, Web App and/or Browser Extension subject to these GTC. The use of the HOFA.io App is only permitted to legal entities, partnerships and natural persons with unlimited legal capacity. In particular, minors are prohibited from using the HOFA.io App.
2.2 The application of the User's general terms and conditions is excluded. Deviating, conflicting or supplementary general terms and conditions of the user shall only become part of the contract if and to the extent that KREATION has expressly agreed to their application in writing. This consent requirement shall apply in any case, even if for example KREATION, being aware of the general terms and conditions of the contractual partner, accepts payments by the contractual partner without reservations.
2.3 KREATION reserves the right to change these GTC at any time and without giving reasons, while considering and and weighing the interests of the User. The new GTC will be communicated to the User in advance. They are considered as agreed upon if the User does not object to their validity within 14 days after receipt of the notification. KREATION will separately inform the user about the essential changes, the possibility to object, the deadline and the consequences of inactivity. If the User objects, the current version of the GTC remains applicable. The right of KREATION 's to terminate the User Agreement according to Section 6 remains unaffected.
3.1 The Mobile App, Web App and/or Browser Extension provided by KREATION allow the User to generate its own seed phrase for generating its own Private Keys as well as his own public cryptographic keys (hereinafter: “Public Key”) and to create its own HOFA.io App address therewith. Alternatively, the User may import an existing Seed Phrase into the HOFA.io App and therewith create the Private Keys.
3.2 The seed phrase is required to generate one or more Private Keys and derived Public Keys. The wallet address is based on the respective Public Key. The wallet address enables the user to receive incoming transactions. With the Private Key, the user can sign blockchain transactions to transfer Digital Assets and use DeFi DApps and DeFi Services.
3.3 KREATION does not store the User's Seed Phrase, Private Keys and Public Keys and therefore only offers a self-hosted Wallet. The Seed Phrase and Private Keys are exclusively stored by the User on the User's local device and, if available, in the User’s compatible cloud storage. The creation and storage of backups are the responsibility of the User. KREATION does not create backup copies of the Seed Phrase and Private Keys or the contents of the HOFA.io App. The User is obliged to properly back up the Seed Phrase and Private Keys. In case of loss, the User will face the loss of access to his/her Digital Assets.
3.4 The HOFA.io App contains certain features (hereinafter: “Wallet Features”) that allow the User to interact with third-party DeFi DApps, protocols and services that KREATION does not operate itself (hereinafter: “Third-Party Services”,see Section 4). For this purpose, the HOFA.io App provides a user interface that the User can use to connect to and interact with DeFi DApps or DeFi protocols. KREATION continues to develop the Wallet Features and integrations with Third-Party Services on a regular basis, so that the Wallet Features offered and HOFA.io App's compatibility with Third-Party Services may be subject to change. The presentation of the Wallet Features in the Mobile App, Web App and/or Browser Extension only reflects the current functionality and does not constitute a binding offer for future services.
3.5 The DAO pass can be transferred to the user's wallet via airdropping or purchased via the Magic Eden Ethereum Launchpad. However, the DAO Pass does not grant automatic access to DAO funds or rewards until the customer has gone through the KYC process on DAO.hofa.io and been verified.
4.1 The User's right to use the HOFA.io App is limited to the respective state of art. KREATION may temporarily restrict certain Wallet Features if this is necessary due to capacity limits, to maintain the security or integrity of the software, servers or services or to carry out technical measures, e.g. maintenance work serving the proper or improved service of the HOFA.io App. In these cases, KREATION will take the User#s legitimate interests into account, e.g. by providing appropriate information about planned maintenance work as an app message in advance. Section 7 of the GTC remains unaffected.
4.2 To the extent that KREATION embeds services, content or data from third party providers, KREATION does not warrant their accuracy, completeness or timeliness. KREATION merely provides a user interface that allows Users to access DApps or DeFi protocols via APIs of the smart contracts provided by third-party service providers. No contractual relationship exists between KREATION and the Third-Party Service providers and the Third-Party Service providers are not acting as agents of or at the direction of KREATION . KREATION has no technical, legal or organizational means to influence Third-Party Services. KREATION is not liable for any damages incurred by the User due to the use of Third-Party Services, such as in case of bridged tokens, unavailability and customization of DApps and DeFi protocols, transactions to incompatible, incorrect or unassigned wallet addresses, transactions to DeFi DApps, failure of nodes or unavailability of blockchains, hacker attacks on DApps.
4.3 If and to the extent that KREATION or third parties hold proprietary rights in the HOFA.io App or the Wallet Functions or in the content, materials or data, KREATION allows the User to use these rights for the performance of the User Agreement. Unless necessary for the contractual use and except for mandatory legal provisions, the User is not entitled to reproduce, edit, modify, decompile, reverse engineer, or scrape the HOFA.io App or Wallet Features, their respective underlying software or their user interface, APIs or protocols, or to perform any other actions that infringe proprietary rights of KREATION or third parties. Any rights to use the HOFA.io App or the User's Wallet Features shall expire upon termination of the User Agreement.
5.1 Fees may apply for the use of the HOFA.io App. The price quote displayed in the App contains the fee for the use of the HOFA.io App, including the statutory value added tax, (hereinafter: "HOFA.io Fee") as well as the fee for the use of the respective DeFi DApps, protocols and services. Also, for the execution of any transactions a network fee of the Solana blockchain in the native currency SOL is due. KREATION has no control over the fees charged by the Third-Party Services. KREATION may change its own fees at any time. Price changes will be communicated to the User in due time before taking effect.
5.2 The User is only entitled to offset and/or assert rights of retention if his counterclaims are legally established, undisputed or recognized by KREATION .
The User can terminate the User Agreement at any time without notice. KREATION may terminate the User Agreement at any time giving 30 days’ prior notice. The right of the parties to terminate the User Agreement for cause remains unaffected. In case of termination of the User Agreement by KREATION , the User can no longer access the HOFA.io App. However, the User may continue to access his Digital Assets via a third-party wallet provider using his Seed Phrase and Private Keys.
7.1 KREATION is liable for damages – regardless of the legal grounds – in the event of intent and gross negligence on the part of KREATION , its legal representatives, executive employees or other vicarious agents. 7.2 In case of simple negligence, KREATION is only liable for damages resulting from injury to life, body or health and for damages resulting from the breach of an essential contractual duty (a duty, the performance of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner regularly relies and may rely), whereby in the latter case of breach of an essential contractual duty, KREATION 's liability shall be limited to compensation of the foreseeable, typically occurring damage.
7.3 The limitations of liability according to Section 7.1 and Section 7.2 do not apply as far as KREATION has assumed a guarantee or has fraudulently concealed a defect in the contractual services. These limitations of liability also do not apply to claims of the User according to the Product Liability Act (”Produkthaftungsgesetz”) and any applicable data privacy laws.
7.4 If the User suffers damages form the loss of data, KREATION is not liable for this, as far as the damages would have been avoided by a regular and complete backup of all relevant data by the user.
7.5 KREATION takes all possible measures to enable the User to access the HOFA.io App, the Wallet Features and Third-Party Services. In the event of disruptions to the technical infrastructure, the internet connection or a relevant blockchain, KREATION shall be exempt from its obligation to perform. This also applies if KREATION is prevented from performing due to force majeure or other circumstances, the elimination of which is not possible or cannot be economically expected of KREATION.
8.1 The User agrees to indemnify KREATION from all claims, which other Users or other third parties assert for infringement of their rights against KREATION due to the User’s use of the HOFA.io App or other Third Party Services.
8.2 In this case, the User assumes all necessary costs of legal defence of KREATION , including all statutory court and attorney fees. This does not apply if the user is not responsible for the infringement.
8.3 In case of a claim asserted by a third party, the user is obliged to provide KREATION with immediate, truthful and complete information necessary for the examination of claims and defence.
9.1 KREATION informs the User about KREATION’s processing of personal data, including the disclosure to third parties and the rights of the User as a affected party, in the data protection information.
10.1 KREATION is entitled to transfer its rights and obligations under the User Agreement in whole or in part to third parties with a notice period of four weeks. In this case, the User has the right to terminate the User Agreement without notice.
10.2 Should individual provisions of these GTC be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by the statutory provision. If there is no statutory provision or if the statutory provision would lead to an unacceptable result, the parties shall enter negotiations to replace the invalid or unenforceable provision with a valid provision that comes as close as possible to the economic purpose of the invalid or unenforceable provision.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND KREATION THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION 10.3 (GOVERNING LAW) WILL APPLY INSTEAD.
10.3 The User Agreement including these GTC shall be governed by United Kingdom law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. For consumers domiciled in another country but United Kingdom, the mandatory provisions of the consumer protection laws of the member state in which the consumer is domiciled shall also apply, provided that these are more advantageous for the consumer than the provisions of the laws of the United Kingdom.
10.4 London shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship.
Last Updated: November 11th, 2022
Kreation Technologies LTD