Terms & Conditions

Introduction

Before using the website hindex.uk, please read in full and carefully the provisions of these Terms and Conditions ("T&C" and/or "Terms and Conditions").
If you do not agree with the provisions of the Terms and Conditions, including any updates thereof, please stop using the hindex online platform immediately.
Use of the hindex online platform and Services provided through the platform represents the express agreement to accept these Terms and Conditions (including any updates thereof), even in the event of the User's failure to review the applicable Terms and Conditions.
In order to create an account, we ask you to agree to this set of Terms and Conditions by specific action, having the value of unequivocal consent (e.g. ticking a specific box).
BY USING THE hindex PLATFORM AND ANY OF THE SERVICES, YOU EXPRESSLY AGREE TO THE APPLICABILITY OF THE FOLLOWING CLAUSES:
1. CLAUSES 7.2; 7.17, and 7.18;
2. CLAUSES 8.2, 8.3 and 8.11;
3. CLAUSE 9 (Representation and Warranties);
4. CLAUSE 11 A) (Suspension and termination for reasons not attributable to the User) and 11.7;
5. CLAUSE 13 (Limitation of liability);
6. CLAUSE 15 (Applicable Law and Jurisdiction);
The hindex Platform is an online advertising platform which has the main purpose of establishing a connection between Advertisers and Publishers (as such are defined in these Terms and Conditions) active in the field of finance and cryptocurrencies. Through hindex, Advertisers can promote and/or present their websites/products to potential investors, and Publishers can sell the available advertising space on their websites.

General Provisions

The present Terms and Conditions specify the conditions of use of the hindex.uk website ("Website" or "hindex Platform") and the services offered through it by the Company ("Services"), and represent a legally binding agreement (the "Agreement") between SEVIO FZC, a company incorporated under the laws of United Arab Emirates, with the headquarter in Umm AI Quwain, license number 4353 (hereinafter referred to as the "Company") and users of the hindex Platform ("Users"), respectively:
1. Individuals (at least 18 years old) or legal entities who wish to promote their website, products and/or services through the hindex Platform or to have their press-releases published on cryptocurrency related websites ("Advertisers");
2. Individuals (at least 18 years old) or legal entities who wish to commercialize all or part of the advertising space on websites owned and/or managed by them ("Publishers");
3. Individuals who consult the Website, but do not register on the Website by creating a User account ("Visitors").

Terms and Definitions

These Terms constitute a legally binding agreement between you and the hindex platform.
These Terms apply to any and all Services, information, texts, and other products, offered on the Website by the Company.
By accessing the Website, opening an Account on the Website, or ticking the "I agree to the Terms of Use and Privacy Policy" checkbox, you agree to be bound by these Terms and confirm that you have read, understood, and accepted all the provisions of these Terms, as well as provisions of our Privacy Policy, and other legally binding document publicly available on the Website.
You cannot use the Website and create the Account if you have not read, understood, and accepted all the provisions of these Terms.
KYC (Know your customer - individual/business) is the process of identifying and verifying customers. Identification means gathering a customer's personal/business data; verification means checking that this data is accurate. For individuals, the KYC process will be done through the UAB partner "iDenfy", a company registered under the number 304617621, headquartered in Gričiupio g. 7-212, Kaunas, https://idenfy.com. Regarding legal entities, they will upload the incorporation documents of the company with which they registered as a user, and these will be verified by hindex's KYC team.

Description of the Services and Data Reporting

The hindex Platform is an advertising network focused on connecting Advertisers and Publishers through such service globally. The Services provided by the Company through the Website allow (i) Publishers to market advertising space on websites owned and/or managed by them, by selling such services to the Company, and (ii) Advertisers to promote their website, services and/or products or to have their press-releases published on Publishers' websites, by buying such services from the Company.
The Company offers Advertisers the opportunity to set up and configure their advertising campaign (e.g. Advertisers can choose the type of banner they want to use or the country targeted by the advertisement). "Campaign" means the order issued by an Advertiser via the hindex Platform, defined by a number of settings which are necessary for the broadcasting of an advertisement or sponsored content (press releases and various articles) on the Publishers' websites, intended at promoting Advertisers' projects.
Advertisers and Publishers will have access to the Services only after the creation of a User account on the Website, subject to the conditions set out below.
At the Advertisers' request, our Company's team may create unique press releases according to Advertisers' specifications and deliver them to the Publishers.
For Marketplace, the prices for the Services provided by the Company will be set by the User with the Company's representatives and will be paid in advance by the Users (in which case the Users may request such Services only if there are amounts paid in advance and not used, on the date of request, from which the price of the requested Services may be deducted) or paid in other manner, expressly agreed by the parties. For Display Campaigns, Advertisers may also choose a price for 1,000 impressions. The Advertisers are free to choose the bid that they want to pay. If another User offers a bigger bid, the Advertisers offering a lower one will not receive the requested traffic.
Other services that may be subsequently implemented on the Website are subject to this set of Terms and Conditions, unless they have specific terms and conditions that will be formulated separately.
All advertising Campaigns on the hindex Platform are served, tracked, and reported by the Company. The data generated by a Campaign will only be available for 1 (one) year. After the expiration of this period the data will be deleted.

User Account Registration

In order to have access to the Services, you have to create a User account on the hindex Platform following the steps communicated by the Company.
Upon registration, the User has to provide all the requested information in the registration form available on the Website and to confirm the email address in order for the User account to be created.
The confirmation that the email address used to create the account belongs to you will be done by entering the 6-digit code received on the provided email address, in the respective field.
THE INFORMATION PROVIDED TO CREATE THE USER ACCOUNT MUST BE REAL, COMPLETE AND CORRECT. If the information provided during the creation of the user account changes subsequently, the User is obliged to promptly update the respective information contained in the User's account.
For security reasons, any changes to the data regarding the User (Advertiser/Publisher) account, billing address, email address used to log in, etc., will be made through a request sent to our team from the email address used for the user's account, containing all the information to be modified. The email address to which the data change request will be sent is [email protected].
The Company reserves the right to verify the information provided by the User upon registration and to also request supporting documents if any third parties (such as, without limitation, state authorities, banks, payment processors) so request for grounded reasons.
A User can create multiple user accounts for the hindex Platform, respecting the KYC process for each account, according to point 3.5.
Through the User account created on the hindex Platform, the User's access to the Services provided by the Company is ensured, with the account becoming functional after the User goes through the process of knowing the clientele, according to point 3.5. Moreover, the User account shall keep the record of all the amounts paid in advance by the Advertisers as per Clause 7 below, or, as the case may be, the record of all the amounts owed by the Company to the Publishers for the Services provided by them under Clause 8 below. For the avoidance of any doubt, the information on the value of such amounts is reflected in the User account for information purposes only, providing the User with the record of the amounts that can be further used for acquiring Services, or, for the Publisher, the record of the amounts owed by the Company at any given time. Depending on the operations made by the User, the information in the User account shall be appropriately updated. For the avoidance of any doubt, the User account does not store funds and does not allow the performance of any transfers or other operations in relation to them.
By creating the account, the User expressly declares and warrants that:
1. Uses the Website for the specific purposes of its commercial activity which it is authorized to carry out;
2. All information provided is complete, true, and accurate;
3. Understands and agrees that, in addition to the provisions of the Terms and Conditions, certain Services may be governed by specific rules. Any such rules will be published separately;
4. Understands that they are solely responsible for the security of the account and account password and will not allow other persons to access the account. Any breach or suspicion of breach of security of the User's account must be reported immediately to the Company. The Company will not be held liable for any damage caused as a result of the breach of account security due to the conduct of the User or any person accessing and/or using the User account, including but not limited to situations when: computer systems used are infected with viruses or other malware, or the device on which the User is logged in is accessed by anyone else, or the security of the email account associated with the User's account is in any way compromised.
The Company reserves the right to delete user accounts that have been inactive for a period of one year, with the provisions of Clause 7.18 being applicable in the case of Advertisers. The Publishers' accounts will be deleted under the conditions provided by Clause 8.11.
Without a valid and confirmed email address, the User account cannot function optimally. Confirmation of the email address also prevents unauthorized persons from using the email address.
Users shall not use automated means, including scripts, robot, bot, spider, crawler and /or any computer applications/programs that may deceive or simulate certain activities or statuses on the Website, or, in any way, exploit certain functions or vulnerabilities of the Website in order to obtain advantages, for themselves or for other Users, regarding the use of the Services offered through the Website.
The Company reserves the right to restrict or exclude Users' access to the Website, as well as to delete or restrict the user account, within the limits of the law, if it considers that based on the User's conduct or activity, access and existence of the account may harm in any way the Company or other Users.

Website Acceptance and Eligibility

A) General Terms

After the registration process is completed, in the case of Publishers, the Company will check if their websites are eligible for hosting its advertising formats. As it is a finance & crypto advertising network, the Company reserves the right to accept Publishers that own only cryptocurrency and finance-related websites.
The Company does not accept any form of advertisement that can hurt or is inappropriate for the general audience, including both the available content on the Publishers' websites and the content provided by the Advertisers on their websites. In order for an advertising Campaign to be accepted, the Advertisers' landing page must comply with the present Terms and Conditions.
If you act as an advertising agent for another individual or entity, then you represent and warrant that: (a) you are authorized to, and do, bind that individual or entity to the Terms and Conditions; and (b) all of your actions in connection with these Terms and Conditions are and will be within the scope of the agency relationship between you and that individual or entity, and in accordance with any applicable legal and fiduciary duties.
When acting as an agent on behalf of an advertiser, we may request that you provide written confirmation of such and/or evidence of the advertiser's consent.
The general criteria on which the approval of a Campaign relies are as follows:
1. the website of the promoted project must be functional, accessible, contain all the details in such page, such details must be conclusive and valid, and the buttons must be functional;
2. the promoted website should not guarantee winnings to the users that access it;
3. the promoted website should not contain adult-only items (Not Safe for Work - NSFW)
4. the banners used in the Campaign must be professional and reflect the same ideas as the promoted project;
5. the banners used in the Campaign should not contain flashy animations/effects that may disturb the users viewing those banners.
6. in the case of investment websites (futures, contracts for difference (CFD)), the risk to which the user is exposed must be mentioned on the page;
7. in the case of websites that sell mining equipment, these must demonstrate that they are an authorized reseller or the manufacturer of the equipment;
8. websites that are based on a token must have:
  - sufficient liquidity to allow currency trading;
  - the token contract must be available for analysis by potential buyers and/or interested parties;
  - the project's team must be displayed on the website, and their information must be accurate and verifiable;
  - the website must not present integrations or the use of various services as partnerships;
  - the information presented on the website must be accurate and true, without misleading potential buyers;
  - the Company reserves the right to reject the campaign/campaigns of a project based on the token, even if the conditions mentioned above are met;
The Company reserves the right to deny any website from joining its display network or advertising Campaign, without providing any justification, including but not limited to sites/advertising aimed at promoting sites:
1. that violate the laws, regulations, or any other applicable legal requirements;
2. containing or linking to any form of illegal/inappropriate or violent content or sites with illegal, false, or deceptive investment advice and money-making opportunities;
3. promoting any type of hatemongering (i.e. racial, political, ethnic, religious, gender-based, sexuality-based, personal, etc.);
4. that participate in or transmit spam using any kind of online means;
5. that ask users for clicks, that incentivize traffic, or direct/redirect them to any fraudulent activity that would bring the owner more earnings from our network;
6. that are using free domain names;
7. with no original content or generated on platforms like WordPress or Blogspot;
8. represent URL Shorteners;
9. contain: any popup/popunder or page blocker; scripts that alter the user's browser settings; any frame-breaking codes; multiple alert boxes or alert boxes with "Close" buttons that cannot be seen by users;
10. that are automatic/manual traffic exchanges;
11. that represent a coin, ICOs, or projects that raised funds from the community;
12. that download, send, transmit or otherwise post and/or distribute any materials containing viruses or other computer codes, files or programs designed to breach, destroy or limit the operation of any computer or telecommunication equipment or software;
13. that, after they were reviewed by our team, were not deemed suitable for our publisher program.
If your website is rejected, you can open a ticket and ask for a second review, but only after 1 (one) week has passed from the date of the denial. If you request to be rechecked faster than 1 (one) week, your request will be rejected.
If the Publisher's website changes its content so that it may violate the above provisions, the Publisher is obliged to immediately notify these changes to the Company via email or through our ticket system. If after the verifications the Company comes to the conclusion that the modifications violate the present Terms and Conditions, the Company has the right to suspend the advertising Campaign and/or block the Publisher account.
Websites that have been accepted by the Company have to respect the provisions of these Terms and Conditions for the entire period of validity of the Agreement. The Company reserves the right to amend or modify the Website acceptance policy (as stipulated in this Clause 6) based on its internal and international rules, subject to communicating such to the Users as per the present Terms and Conditions.

Special clauses applicable to Advertisers

A) Advertising exposure

The Company shall make its best efforts for the articles purchased through the hindex Marketplace Platform to remain live on the Publisher's website(s) (as long as the Company has a contractual relationship with the Publisher and the Advertisers are paying the requested fees). However, the Publisher will be allowed to remove the article in the cases provided for in Clause 8.2 below.
If, under the conditions laid down in Clause 6.1 above, the Publisher deletes an article acquired via the hindex Platform, the Advertiser will not be entitled to a refund of the amounts paid for the purchase of such article. The Company will not be responsible in any way for this action.

B) Price of the Services

The Company may offer Advertisers discounts, rebates, or other promotions in respect of the Services offered, in accordance with its commercial policy. Any such discounts or other types of promotions will be displayed on the Website.
In order to start using the Services, Advertisers have to pay to the Company, in advance, a minimum amount of EUR 100. The amounts paid may be spent on any campaign type offered by the Company. For the amounts paid in advance to the Company by the Advertiser (which represent the counter-value of the Services provided by the Company through the Platform), the Company will issue relevant invoices. Advertisers' active campaigns will receive traffic as long as the price for the supply of these Campaigns is paid in advance. For information purposes, the value of the amounts paid to the Company by the Advertiser is recorded in the User account of the Advertiser. The value standing to the balance of the User account shall be updated to the extent that the Company provides Services to the Advertiser, as per the latter's instructions. The balance of the User account shall indicate at any time the value of the amounts paid in advance by the Advertising Agent and in consideration for which no Services have been provided yet by the Company. If the Advertiser's User account balance becomes zero, i.e. there are no further amounts paid in advance by the Advertising Agent and not used, all Campaigns activated through its user account will be stopped immediately.
The price for the Services provided by the Company is calculated based on the price model of the advertising Campaign type chosen by the Advertiser (i.e., CPM) and statistics gathered by the Company. For details, please refer to Insertion Order form that you can find on the Website.
CPM = Cost per thousand impressions.
For Marketplace, the Company reserves the right to change at any time all advertising prices. We recommend to always check the price mentioned on the Website before placing an order. For Display Campaigns, when selecting the price, you will find information on the hindex Platform on the highest price existing at that time (Bid/CPM). The amount of Campaigns spending will be deducted automatically from the amounts you paid in advance and recorded for informative purposes in the balance of the User account, in accordance with Clause 7.4 above.

C) Deposits

Advertisers can transfer funds to the Company for the payment in advance of the price of the Services via bank transfer or using cryptocurrency (BTC, BCH, ETH, LTC, USDC, USDT, and others) which will be converted automatically into EUR via an authorized third-party payment processor, and will be collected by the Company in EUR. For fund transfers using other cryptocurrencies, please contact your account manager.
In order to be able to make a payment to the Company, your profile needs to be filled in with your real personal information (first and last name, email address, country of residence, and full address). If the user account created is a company account, the company details need to be completed as well. Should the Advertiser refuse to fill in this information, the Company reserves the right to suspend or/and delete the user account.
The currency for all hindex accounts balance is EUR, therefore, any funds transferred to the Company will automatically be converted to EUR. All the exchanges fees will be supported by the User, which will be retained from the amounts initially paid in advance by the Advertiser.
Any funds you transfer using cryptocurrency will be automatically converted to EUR after the payment is confirmed by the network, and not when the deposit is initiated. The exchange rate is the one communicated and used by our authorized payment processors, i.e. Spectro Finance OÜ (www.spectrocoin.com), UAB "Decentralized" (www.coingate.com) and Foris DAX MT Limited (www.crypto.com), as stipulated on their websites.
The amounts paid in advance should be transferred in a single full transaction. Should you transfer funds through numerous micro payments, the Company reserves the right to suspend and/or delete the account.

D) Bonuses

All bonuses earned or granted to Advertisers on the Website are not eligible for payment to such Advertisers. Bonuses can be used for advertisement acquisition and are the last to be used (i.e. when Advertisers create a Campaign, the price of the Service shall be first deducted from the amounts transferred in advance by the Advertiser, and then from their bonus).

E) Refund Policy

ALL AMOUNTS PAID BY ADVERTISING AGENTS AND REFLECTED IN USERS' ACCOUNTS ARE NON-REFUNDABLE.
Advertisers may pause or stop their Campaign(s) at any time, without having to give any explanation, using the dashboard offered. The Campaign(s) can be resumed at a later time. If no changes have been brought to the Campaign(s), then they will be resumed instantly. If there were changes brought to the Campaign(s), they will have to go through the review process.
Advertisers are solely responsible for stopping/pausing their Campaign(s). Otherwise, the Campaign will remain active until all the funds transferred in advance to the Company, the value of which is shown for informative purposes in the User account, are spent. If the amounts paid in advance by an Advertiser were fully used for the payment of the Services provided, all the Campaigns will be suspended/will not receive traffic until the Advertiser transfers new funds to the Company, unless they have been stopped/paused.
All advertising Campaigns are moderated within 24 hours from the moment of the registration during working days, but it may take up to 72 hours during weekends or legal holidays.
Advertisers agree that if any kind of malware, exploits, hijacks, or viruses are detected on any of the promoted pages, their user accounts will be blocked and they will not be entitled to a refund of the amounts paid in advance.
If a user account stays inactive for one year, it will be permanently deleted, with no way of retrieving it or the paid and unused amounts, upon expiry of the 1-year term. The Company will send several emails on this subject to the User as follows:
- 14 days before expiry of the 1-year term of inactivity;
- 7 days before expiry of the 1-year term of inactivity;
- 48 hours before expiry of the 1-year term of inactivity;
- 24 hours before expiry of the 1-year term of inactivity;
- upon deletion of the account;

Special clauses applicable to Publishers

Representation and Warranties

Users represent and warrant that they have full authority and power to enter into this Agreement and perform their obligations hereunder.
Users represent and warrant that they are not using the hindex Platform for any illegal purposes that may violate any applicable laws or rights of any third parties (including intellectual property rights).
Users accept and acknowledge that the Company will not be liable in any way for any damages, losses, costs of any kind, arising from the violation by the Publishers of their obligations to Advertisers or vice versa.
Users accept and acknowledge that the information provided by the Company through its Website, especially in the hindex Academy section, does not constitute professional, financial and/or investment advice, nor does any information on the Website constitute a comprehensive, complete, or correct statement of the matters discussed. By using the Website and/or the Services, Users agree not to hold the Company liable for any potential damage arising from any decision Users make based on information or other content made available to them through the Website.
Publishers represent and warrant that they have the necessary permits and licenses for the display of the advertising and/or to publish press releases.
Advertisers represent and warrant that all materials content provided to the Company as well all promoted material and products comply with all applicable laws and regulations and do not breach any third-party rights.
Advertisers represent and warrant that their servers support the traffic directed to their websites through the Publishers' websites. Advertisers acknowledge the Company takes no responsibility for the consequences arising in case their servers cannot support the traffic. In such a situation, please contact the Company at the below-mentioned email address. Upon receipt of such e-mail, the Company will have the right to suspend your advertising campaign. All informations mentioned will be transmitted at the email address: [email protected]

Termination of the Agreement at the initiative of the User/the Company

The User has the right to terminate the Agreement established with the Company under this set of Terms and Conditions at any time, subject to a notice period of 14 days. The termination may be accomplished by requesting the Company to delete the user account.
If an Advertiser terminates the Agreement, the amounts owed for the Campaigns requested before the termination date and for which the invoice was issued are not refundable, according the paragraph 7.13.
If a Publisher terminates the Agreement and this is not due to its fault, he has the right to request payment of the due fee for the advertising services provided, Clause 8.8 being applicable.
The Company reserves the right to terminate this Agreement at any given time, subject to a 24h notification sent via email to the User. In such case, the User will be entitled to a refund of all the amounts paid in advance and not used (in the case of the Advertisers) or the amounts owed by the Company for the services provided (in the case of the Publishers), in case of termination for reasons not attributable to the User. The amounts owed to the Advertiser or Publisher is given by the value recorded for informative purposes from time to time in the user account of the Advertiser or Publisher.
The refund to the Advertiser will be made in the same way as the transfer performed by the User, as follows:
- if the funds were sent via bank transfer, the refund will be also made via bank transfer;
- If the funds were transferred by the User via cryptocurrencies, and their collection by the Company was made in Euro through the payment processor, the User will also receive the funds returned in cryptocurrencies, with the amount refunded in Euro by the Company being converted into cryptocurrencies through the payment processor, using the exchange rate used by the processor.

Modification and termination of the Agreement at the initiative of the Company

A) Suspension and termination for reasons not attributable to the User

The Company may periodically modify and improve the Website and/or the Services provided through it. The Company may add or remove functionality or functions to the Website. The Company may also suspend or terminate partially or completely temporarily or permanently the operation of the Website and/or the provision of any of the Services.
At least 15 days prior to any amendment to the Terms and Conditions (made, e.g., to correspond to changes in the legislation or Services provided by the Company), the Company will publish a notice on the Website regarding the change in the Terms and Conditions. The information will cover the provisions to be amended and the date on which the updated version of the Terms and Conditions will enter into force by publication in accordance with the above provisions. Please check the Website frequently to stay informed on all the updates of the Terms and Conditions.
During the notice period regarding the modification of the Terms and Conditions, the User has the right to terminate the Agreement by sending a written notification. In this case, the Agreement terminates within 15 days from the transmission of the written notice of termination (and Users will no longer be able to use the Company's Website and/or Services), unless a shorter period has been provided for in the notice, the provisions of Clause 8.8 remaining applicable. Continuance to use the Website after expiration of such terms is considered acceptance of the relevant amendments.
The minimum notice period of 15 days shall not apply if:
1. the amendment is subject to a legal or regulatory obligation under which there is an obligation to amend the Terms and Conditions;
2. the change must be implemented to deal with an unforeseen and imminent threat to the protection of the Services or Users from fraud, malware, spam, data security breaches, or other cyber security risks.

B) Termination for reasons attributable to the User

The Company reserves the right to terminate the Agreement established under this set of Terms and Conditions (or any other set of additional applicable terms and conditions), based on prior written notice, if the User does not comply with these Terms and Conditions and/or any other sets of additional terms and conditions or applicable legal provisions.
In such cases, the Company may limit or exclude User access to the Company's Website and/or Services, or may deactivate, temporarily or permanently, and/or delete the User's account.
The Company reserves the right to deactivate, temporarily or permanently, and/or to delete the user account, based on prior written information, in particular, in the following cases:
1. The User repeatedly violates the provisions of this set of Terms and Conditions, including other terms and conditions applicable to the Services;
2. The User does not apply technical security measures to protect the account registered on the Website;
3. The User uses the Website to copy its content or information about the Services provided through the Website;
4. The User is involved in the analysis and/or automatic reading of software, directories, data or content concerning the Website and/or the Services offered through the Website and/or, in any way, violates the provisions of the Terms and Conditions;
5. In any other way, the User carries out an illegal, fraudulent, or manipulative activity in the context of using the Website and/or any Service.

Force Majeure

In cases of force majeure, the Company will be released from its obligations.
All unforeseen events shall be considered force majeure events. Such events will include in particular legal measures in strike situations, also when they occur within third companies, official measures taken by the authorities, failure of communications networks and other providers' portals, disruptions to network operators and other failures, also where such events occur at the level of subcontractors, sub-suppliers, and their subcontractors.

Limitation of liability

The Company wants to offer access to the Website and its Services to as many potential Users as possible. However, given the technical diversity of hardware devices, operating systems, and other technical specifications, the Company does not guarantee the compatibility and proper functioning of all devices and operating systems used by Users.
Liability for the proper functioning of the Website as well as for the availability of any Service is excluded. In particular, the Company excludes any warranty that:
1. the Website will operate without interruption;
2. the defects will be remedied, that the Website or the server that makes it available does not contain viruses and other harmful components;
3. the information available on the Website and the materials provided as part of the Services offered are correct, accurate, provided in real time or secure in any other way.
The Company reserves the right to deny Users access to the Website at any time, for justified reasons or reasons out of its reasonable control.
The Company cannot be held liable for any malfunctions or difficulties in using the Website or any Service caused by the operation of the IT devices used by Users, power outages, malfunctions of communication networks, and other technique problems related to the equipment/services offered by third parties directly to the Users and for which the Company is not responsible.
Except for intentional conduct or gross negligence, the Company's liability will be limited to the damages foreseeable at the time of concluding the contract, but not exceeding the amount of fees paid by the User for the relevant Services for the corresponding contract period.
The Company shall not be liable for any loss or damage incurred by Advertisers or Publishers, resulting from or in connection with the use/provision of the Services. The Company is not responsible and does not have the capacity and/or obligation to control or influence the Advertisers or Publishers in respecting the legislation in force and/or the rights of third parties.

Intellectual property rights

Intellectual property rights over the hindex Platform:
1. The content, design, structure, software platform, as well as any other materials used within the Website are protected by the national and international laws regarding intellectual property rights.
2. The Company offers Users a personal, global, free, non-transferable, and non- exclusive license to use the Website. This license is for the sole purpose of enabling the User to access the Company's Website and/or Services, as provided by the Company, in accordance with the provisions of this set of Terms and Conditions;
3. The User has no right to copy, modify, distribute, sell, or rent any part of the Website. The User has no right to redo or attempt to extract the source code of the Website, unless the User has the written permission of the Company.
4. Any trademarks, signs, or logos (hereinafter collectively the "Trademarks") displayed on the Website or in connection with the Company's Services are registered and/or unregistered Trademarks belonging to the Company. No content or section of the Website and/or any reference to the Services may be construed as representing a license or other right granted to the User to use any Trademarks or any derivative thereof.
5. With the written consent of the Company, Users may use the Trademarks, but under no circumstances are they allowed to label the Company as: "Official Partner", "Investor", "Advisor" or in any other similar way. The Users may use terms such as: "Partner", "Traffic Partner" or "Marketing Partner". If the Users have been allowed by the Company to use the Trademarks, the Users are obliged to respect the hindex Branding Guidelines, available on the Company's Website.
Intellectual property rights granted by the Advertiser to the Publisher:
1. As an Advertiser, if you choose to use any content (e.g. image, logo, press- release etc.) in your advertising Campaign, verify that you have the necessary rights, that the content complies with applicable laws and does not infringe the rights of any third party;
2. The content (e.g. images, trademarks, the text in the press releases) belongs to you, which means that you retain all intellectual property rights in it, but by using the protected materials in the advertising Campaign, you (as Advertiser) grant the Publisher a license to use this content;
3. The license granted by the Advertiser to the Publisher is international (i.e. valid anywhere in the world), non-exclusive (i.e. the Advertiser can grant other people a license to use the content) and exempt from royalty (i.e. does not incur any costs from the Publisher or any other remuneration paid to the Advertiser);
4. The license granted to the Publisher allows him to host, reproduce, distribute, publish, communicate, and use the content provided by the Advertiser for the purpose of providing the advertising services.

Applicable Law and Jurisdiction

This set of Terms and Conditions will be governed by and construed in accordance with the laws of United Arab Emirates, and any disputes or litigations between the Company and Users in connection therewith shall be settled by the Emirates courts having jurisdiction over Company's headquarters.

Final provisions

Users cannot assign the rights and obligations under this set of Terms and Conditions (or any part thereof) without the written consent of the Company. The Company may assign the rights and obligations under this set of Terms and Conditions.
If any term or provision of this set of Terms and Conditions or of any document included or referred to in this set of Terms and Conditions is considered by a competent court to be contrary to law, the respective term will be removed from this set of Terms and Conditions, and the rest of the provisions in this set of Terms and Conditions will not be affected. Also, to the extent permitted by law, the application of that provision to individuals/legal entities or circumstances other than those to whom it is invalid or inapplicable shall not be affected by its nullity. Each provision of this set of Terms and Conditions shall be valid and applicable to the extent permitted by law.
In the event of discrepancies between this set of Terms and Conditions and the specific terms and conditions, the specific terms and conditions will prevail.
This set of Terms and Conditions governs the relationship between the Company and the User. Unless expressly stated otherwise, it does not create any rights for third parties. No provision of this set of Terms and Conditions shall be construed as establishing between the User and the Company a partnership, a joint venture, a principal-agent, or employee-employer relationship. Neither party shall have any right, power, or authority, express or implied, to legally represent the other.
In addition to this set of Terms and Conditions, we also publish a Privacy Policy. Although not part of this set of Terms and Conditions, we encourage you to read it to understand how we may process your personal data, what your rights are, and how you can exercise them.

Version 2.0 from 6th of June 2022.