We are Hoseki, Inc. (“Hoseki”, “we”, “us” or “our”). Please read these Terms of Service (together with our Privacy and Data Protection Policy , the “Terms of Service” or “Terms”) fully and carefully before using https://hoseki.app/ (the “Site”), and the services, features, products, content or applications offered by Hoseki (together with the Site, the “Services”).
1. Acceptance of Terms of Service
a. These Terms of Service are a binding contract between you and Hoseki. By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to and accept these Terms of Service and all other rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time.
b. These Terms of Service apply to all users of the Services, registered or otherwise. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by reference. For example, additional terms and conditions may apply to you if you have purchased a product or subscribed to a Paid Service (as defined below); any such terms and conditions are hereby deemed a part of these Terms of Service.
c. We are constantly trying to improve our Services, and may need to change these Terms of Service. We reserve the right to change the Terms of Service at any time, in our sole discretion, but if we do, we will bring it to your attention by placing a notice on the Site. If you don’t agree with the new Terms of Service, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
d. If you are using the Services on behalf of a company, entity, or organization, then you represent and warrant that you are an authorized representative of that company, entity, or organization with the authority to bind such organization to these Terms, and agree to be bound by these Terms on behalf of such company, entity, or organization.
e. PLEASE NOTE: These Terms of Service cover important information about the Services and any charges, taxes, and fees that we bill you, and include information about automatic renewals, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU FURTHER AGREE TO A WAIVER OF JURY TRIAL RIGHTS.
2. About Hoseki and the Services
a. The Services and related proof of reserves service provided by Hoseki are designed solely to confirm the existence of linked cryptocurrency, or digital or virtual currency, assets based on information retrieved from third-party platforms. This service does not evaluate or guarantee the market value, liquidity, or accuracy of data provided by third-party platforms. You are responsible for independently assessing the reliability of the underlying data and the financial implications of any related transactions. Hoseki does not have access to or custody of your cryptocurrency holdings, or digital or virtual currency assets, and cannot execute transactions on your behalf. All linking of accounts to the Services is conducted at your discretion, and you retain full responsibility for safeguarding access credentials.
b. The Services are not an exchange for buying, selling, or trading digital or virtual currency or assets (an “Exchange”), and Hoseki is not a bank or other financial institution. The Services do not and cannot sell, hold, invest, send or receive money or cause or effect any digital or virtual currency or asset transactions. BY USING THE SERVICES IN ANY MANNER, YOU ACKNOWLEDGE AND AGREE THAT (I) HOSEKI IS NOT IN THE BUSINESS OF PROVIDING FINANCIAL, LEGAL, TAX, ACCOUNTING, OR INVESTMENT ADVICE OR SERVICES, (II) NONE OF THE SERVICES ARE INTENDED TO PROVIDE OR CONTAIN ANY SUCH ADVICE OR SERVICES, AND (III) ANY AND ALL SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. Hoseki urges you to consult a qualified professional for any such advice or service.
c. Definitions
For the purposes of these Terms of Service:
(i) “Statement” means a document generated via the Services that uses cryptographic techniques to verify your self-custodied Bitcoin holdings as of a specific time.
(ii) “Claim” means an individual wallet, account, or digital asset reference that you assert control over and which may be used in connection with any Service feature, including but not limited to Statements.
3. Eligibility
You must be at least 18 years of age to use the Services. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent the offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your own use, and not for the use or benefit of any third party.
4. Account Registration
To use the Services, you may be required to register for an account on the Services (an “Account”). To register an Account, you may be required to enter personal information such as your name, phone number, mailing address, and email address (collectively, “Account Information”). You promise to provide us with accurate, complete, and updated Account Information about yourself and/or the company, entity, or organization you represent. You are solely responsible for the activity that occurs on your Account, and for keeping your Account Information secure. You should never publish, distribute or post login information for your Account. You may not use Account Information that you don’t have the right to use, or with the intent to impersonate another person. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You may not transfer your Account to anyone else without our prior written permission. You shall have the ability to delete your Account, either directly or through a request made to us.
5. Use of the Services
a. Content. For purposes of these Terms of Service, the term “Content” includes, without limitation, any information, data, text, images, photographs, videos, audio clips, written or digital communications, software, scripts, graphics, interactive features, and any other materials or media, in any form or format, generated, provided, or otherwise made accessible on, through, or in connection with the Services.
b. Notices and Restrictions. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services. Any unauthorized use of any Content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
c. Use License. Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use the Services and the Content solely for personal or internal business purposes and only in accordance with these Terms of Service. Use, reproduction, modification, distribution or storage of any Services or Content for any other purpose is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Services or Content for commercial use or in any way that violates any third party right.
d. License Grant. Subject to the terms and conditions of this Agreement, you hereby do and grant Hoseki a worldwide, non-exclusive, non-sublicensable (except for the purposes provided herein), royalty-free license to access and use your Account Information and any other information you provide us solely for the purpose of providing you the Services. Further, you hereby consent to Hoseki’s collection, storage, and use of personally identifiable information, and to the transfer and hosting of such data on Hoseki’s servers located in the United States and elsewhere in the world, in accordance with the foregoing license grant. Please note that Hoseki takes the privacy of its users very seriously; see our Privacy and Data Protection Policy to learn more.
e. Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to:
(i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and
(ii) to remove or block any Content from the Services.
f. Statement Sharing. By using the Services to complete a proof statement, you authorize Hoseki to generate and transmit a cryptographic attestation containing verified Bitcoin ownership data to the recipient of your choosing. You acknowledge that you are solely responsible for verifying the identity and trustworthiness of any third-party recipient and that Hoseki disclaims all liability in connection with the recipient’s use of the shared statement. Once a proof statement is shared, Hoseki cannot guarantee revocation or restriction of access.
g. Statement Errors and Corrections. If a proof statement contains errors, omissions, or inaccurate information—whether caused by data synchronization delays, platform errors, or misconfigured inputs—Hoseki reserves the right to correct, revoke, or invalidate the statement at any time. You are solely responsible for reviewing any statement’s contents for accuracy before sharing it, and Hoseki disclaims liability for decisions made based on unverified or outdated proof data.
If you believe a statement you generated contains incorrect information, please contact us at support@hoseki.app for assistance.
h. Selective Disclosure. Some attestation formats may permit selective disclosure of certain attributes (e.g., proof of minimum balance, address ownership) without revealing full wallet balances or addresses. Hoseki facilitates this privacy-preserving format but does not validate how such disclosures are interpreted or used by third parties.
i. Statement Retention. Hoseki retains completed proof statements for a limited time to facilitate download or sharing. Hoseki does not guarantee the permanent availability of such statements or links. Users are responsible for securely saving any statements they wish to retain.
j. API-Based Verification. If you access Hoseki Services via API to verify a third party’s ownership or data, you agree not to store, reuse, or redistribute any data beyond the scope for which it was provided. Hoseki may restrict or revoke API access at its sole discretion. Misuse or abuse of verification data or excessive API traffic as defined by usage thresholds set by Hoseki may result in termination of access.
k. Use of Automation and Intelligent Tools. Hoseki may use automated systems or algorithmic tools to assist in formatting proof statements, detecting fraudulent behavior, or validating account claims. These tools are designed to support, not replace, your independent responsibility for reviewing and confirming the accuracy of any generated data or linked account. Hoseki makes no guarantees regarding the performance or completeness of any automated features and disclaims liability for reliance on outputs not manually verified by you.
l. Private Keys. You acknowledge that you have sole and exclusive control over any and all private cryptographic keys (“Private Keys”), and that Hoseki is unable to access or discover your Private Keys and unable to replace them in the event of their loss or theft. You further acknowledge and agree that: (i) you are solely responsible for maintaining the security of each of the Private Keys and tracking the location of any hardware devices on which Private Keys are stored (“Authorized Devices”); and (ii) Hoseki shall not be responsible for your acts or the acts of any third party with respect to the Private Keys or Authorized Devices.
m. Cryptographic Control and Non-Custodial Architecture. Hoseki’s Services verify digital asset ownership through cryptographic attestations or integrations with third-party platforms. Hoseki does not store, access, or possess your private keys, seed phrases, or wallet signing credentials. All cryptographic operations are initiated by you, and Hoseki never performs transactions or recovers credentials on your behalf. You acknowledge and agree that Hoseki functions solely as a non-custodial verifier of ownership.
n. False or Misleading Statements. You may not knowingly generate or share a Statement that contains false, misleading, or fabricated ownership data. Hoseki reserves the right to suspend or terminate access to the Services in such cases and may cooperate with legal authorities where fraud is suspected.
o. Institutional Resale Restrictions. You may not resell, white-label, or commercially distribute Hoseki Statements or API-based verification data to third parties without an express written agreement with Hoseki.
p. Third-Party Wallets and Devices. Hoseki’s Services may depend on your use of third-party wallets or hardware devices (e.g., Ledger, Trezor) to link and verify ownership of your Bitcoin holdings. Hoseki does not own, control, or guarantee the functionality, security, or compatibility of these third-party tools and disclaims all liability for any loss or error arising from their use. Your relationship with such providers is governed solely by their own terms.
6. Restrictions on Use
a. As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services.
b. You shall not (and shall not permit any third party to) either (i) take any action or (ii) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service that:
(i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
(ii) you know or should know is false, misleading, untruthful or inaccurate;
(iii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
(iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
(v) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
(vi) impersonates any person or entity, including any of our employees or representatives; or
(vii) includes anyone’s identification documents or sensitive financial information.
c. You shall not:
(i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;
(ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
(iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);
(iv) run any form of auto-responder or “spam” on the Services;
(v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
(vi) harvest or scrape any Content from the Services; or
(vii) otherwise take any action in violation of our guidelines and policies.
d. You shall not (directly or indirectly):
(i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction,
(ii) modify, translate, or otherwise create derivative works of any part of the Services, or
(iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
e. Certain Services may be subject to applicable United States export laws and regulations. You shall comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control (“OFAC”), or other United States or foreign agency or authority, and you shall not export, or allow the export or re-export of the Software in violation of any such restrictions, laws or regulations. By downloading or using the Services, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any United States-embargoed or restricted country.
f. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
7. Third Party Services
a. Integration of Third Party Services. The Services may permit or enable you to interact with other websites, services or resources on the Internet or other mobile applications (“Third Party Services”), and other Third Party Services may contain, interact, or integrate with the Services. When you access Third Party Services on the Internet, you do so at your own risk. These Third Party Services are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Services. The inclusion of any link to Third Party Services does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any Third Party Services.
b. Disclaimers Related to Third Party Services. By linking accounts from Third Party Services or third-party Exchanges, wallets, or financial institutions (collectively, “Third Party Sources”), you acknowledge and agree to the following:
8. Payments and Billing
a. Paid Services. Certain of our Services are subject to payments (the “Paid Services”) including our various subscription services (“Subscriptions”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms of Service.
b. Billing. Depending on which payment option you choose, we either (i) use a third-party payment processor, such as Stripe (the “Payment Processor”), to bill you, through a payment account linked to your Account on the Services (your “Billing Account”), or (ii) bill you directly using a cryptocurrency payment processor, such as BTCPay (the “Crypto Payment Processor”), for payment in a digital currency accepted by us at the time of the transaction (a “Hoseki-Accepted Digital Currency”), for use of the Paid Services, and for any purchases of products that you make through your Account. If you do not have an Account on the Services and purchase products, we either use the Payment Processor to bill you through a payment method accepted by the Payment Processor at the time of your purchase or bill you directly using the Crypto Payment Processor, again depending on your chosen payment method. You acknowledge that your payments will be subject to the terms and conditions (including without limitation exchange and conversion rates) and privacy policies of the financial institution, credit card or debit card issuer, Exchange, or other provider of your chosen payment method, as applicable, in addition to these Terms of Service. The processing of payments by our Authorized Payment Provider will be subject to the terms, conditions and privacy policies of the Authorized Payment Provider in addition to this Terms of Service. By allowing your payment to be processed by our Authorized Payment Provider you agree to be bound by and comply with the terms, conditions and privacy policies of the Authorized Payment Provider. We are not responsible for error by the Authorized Payment Provider, or by your chosen financial institution, credit card or debit card issuer, Exchange, or other payment provider, and reserve the right to correct any such errors or mistakes even if payment has already been requested or received. By choosing to use Paid Services, including Subscriptions, and/or purchase products, you agree to pay us, either through the Authorized Payment Provider, or directly in a Hoseki-Accepted Digital Currency, as applicable, all charges at the prices then in effect for any use of such Paid Services or purchase of such products, in accordance with the applicable payment terms, and you authorize us to charge your chosen payment provider through the Authorized Payment Provider or to transfer Hoseki-Accepted Digital Currency from your holdings in an Exchange directly to Hoseki (your “Payment Method”). You agree to make payment using that selected Payment Method.
c. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, Exchange or other provider of your chosen Payment Method. If we, through the Authorized Payment Provider, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
d. Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY OR YEARLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, EMAIL support@hoseki.app.
e. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR PAYMENT METHOD. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR PAYMENT METHOD CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR (IF APPLICABLE) IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE BY EMAILING support@hoseki.app. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
f. Auto-Renewal for Subscription Services. Unless you opt out of auto-renewal, which can be done by emailing support@hoseki.app or through the platform, any Subscriptions you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Subscription at any time, email support@hoseki.app or do so through the platform. If you terminate a Subscription, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
g. Reaffirmation of Authorization. Your non-termination or continued use of a Subscription, or other Paid Service that is offered on a subscription or recurring basis, reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
h. Free Trials and Other Promotions. Any rules, policies, or procedures presented to you in connection with a free trial or promotional offer, shall govern such free trial and promotional offer and shall be incorporated into these Terms of Service. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at support@hoseki.app.
i. Fees. You are responsible for any and all costs or expenses incurred by Hoseki arising out of or relating to the blocking of the Payment Method you provide or if Hoseki is otherwise prevented from charging you any fees for any reason at all, including but not limited to bank or processing fees, over-the-limit fees, overdraft fees, or returned payment fees. You, and not Hoseki, are responsible for any overdrafts or rejected transactions, and for any and all bank or processing fees, that may result from Hoseki receiving any applicable fees or charges. If Hoseki is charged any bank, processing, or any other fees associated with the charging of fees to you or any amounts due from you to Hoseki, you shall indemnify Hoseki for those fees, and acknowledge and agree that Hoseki will charge you for those fees.
j. PDF Surcharges and Statement Fees. Certain features of the Services, including the generation of downloadable PDF statements, may carry additional surcharges. These charges will be clearly disclosed during the statement creation process. Pricing may vary based on features requested, such as inclusion of historical data or statement duration.
k. Prepaid Credit Bundles. Hoseki may offer pre-paid credit packages that can be redeemed for the creation of proof statements. These credits may be purchased individually or in bundles, and are non-refundable, non-transferable, and expire if unused within a time period specified at purchase or otherwise within one year.
l. Digital Currency Finality. Payments made using Hoseki-Accepted Digital Currency (such as Bitcoin or Lightning payments) are final and non-reversible. Hoseki is not responsible for transaction errors caused by incorrect addresses, underpayment, or overpayment, and no refunds will be issued once a crypto transaction has been processed.
9. Products
a. Product Descriptions and Availability. Descriptions, images, references, features, content, specifications, prices, and availability of any products made available through the Services are subject to change without notice. The inclusion of any product on the Services at a particular time does not imply or warrant that the same product will be available at any time. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service on the Services; to bar any user from making any or all purchases; or to refuse to provide any user with any product.
b. Your Legal Obligations. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any product or service purchased through the Services.
c. Refunds. All sales are final. Products and Paid Services are non-refundable and non-transferable, except as required by law.
d. Customer Service. If you have any questions about a particular product, Paid Service, or Subscription, please contact us at support@hoseki.app.
10. Account Access by Third Parties
Hoseki will grant third parties access to your Hoseki account as follows:
a. on your death, we will grant access to your Hoseki account including to your estate representative, provided that the estate representative provides all information required by Hoseki, which may include (i) a request for access to your account from the estate representative in writing, (ii) a certified death certificate, (iii) a certified copy of the letter of appointment or small-estate affidavit or court order, in Hoseki’s sole discretion, (iv) verification of Hoseki account information by your estate representative, and (v) such other information required by Hoseki to grant access to the estate representative; and provided further, that Hoseki may require your estate representative to pay Hoseki service fees for such access; and
b. we will grant access to your Hoseki account including to an agent acting pursuant to a valid power of attorney executed by you, provided that such agent provides all information required by Hoseki, which may include
(i) a request for access to your account from the agent in writing,
(ii) an original version of the power of attorney that gives the agent specific authority over your Hoseki account or general authority to act on your behalf;
(iii) a certification by the agent, under penalty of perjury, that the power of attorney is in effect;
(iv) verification of Hoseki account information by the agent, and
(v) such other information required by Hoseki to grant access to the agent; and provided further, that Hoseki may require your agent to pay Hoseki service fees for such access.
11. Termination
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your subscription. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12. Warranty Disclaimer
The following terms outline key disclaimers and limitations of liability applicable to your use of the Services.
a. Hoseki has no special relationship with or fiduciary duty to you. You acknowledge that Hoseki has no duty to take any action regarding:
(i) which users gain access to the Services;
(ii) what Content you access via the Services;
(iii) how you may interpret or use the Content; or
(iv) updating or monitoring linked account balances, transactions, or assets after providing the initial proof of reserves verification.
(b) You acknowledge that digital or virtual currencies, and platforms and marketplaces for same, involve significant financial, legal, and other risks (collectively, “Risks”), including the inherent volatility of cryptocurrency markets and the varying regulatory environments across jurisdictions. You further acknowledge and agree that
(i) you are solely responsible for learning about such Risks;
(ii) Hoseki shall have no responsibility to alert you about any Risks; and
(iii) any information relating to digital or virtual currencies, platforms and marketplaces for same, and Risks that are provided by Hoseki or its representatives in connection with the Services is for informational purposes only, and shall under no circumstances be construed as advice or direction of any kind. Hoseki shall not be responsible for any financial losses or legal consequences arising from these Risks.
Additional protocol-level risks may include, but are not limited to, Bitcoin soft forks, hard forks, network congestion, consensus failures, chain reorganizations, or attacks such as 51% or denial-of-service attacks. These events may impact the ability to verify ownership or may invalidate previous attestations. Hoseki disclaims any responsibility for the consequences of such protocol-level changes or disruptions.
c. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
d. Attestation Accuracy Limitation. Hoseki’s proof statements reflect the ownership of digital assets as of the time of attestation and are based on data derived from linked wallets. Hoseki does not guarantee the continued validity, completeness, or economic value of such assets and disclaims any liability for decisions made in reliance upon these statements.
e. SUBJECT TO SECTION 12(E) BELOW, IF APPLICABLE, THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, CONTRACTORS, VENDORS, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT:
(I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
(II) ANY DEFECTS OR ERRORS WILL BE CORRECTED;
(III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
(IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
f. IF APPLICABLE, THIRD PARTY PRODUCTS PURCHASED BY YOU THROUGH THE SERVICES ARE NOT OUR PRODUCTS, AND WE DISCLAIM ANY AND ALL WARRANTIES RELATED TO SUCH THIRD PARTY PRODUCTS. EACH THIRD PARTY PRODUCT PROVIDER IS FULLY RESPONSIBLE FOR THE THIRD PARTY PRODUCTS SOLD THROUGH THE SERVICES. YOU WAIVE AND RELEASE US FROM ANY AND ALL INJURIES, DAMAGES, CLAIMS, LIABILITIES, AND COSTS SUCH THIRD PARTY PRODUCTS MAY CAUSE YOU TO SUFFER ARISING FROM OR RELATED TO ANY ACT OR OMISSION OF ANY THIRD PARTY PRODUCT PROVIDER IN CONNECTION WITH SUCH PROVIDER’S THIRD PARTY PRODUCTS. WE ARE NOT RESPONSIBLE FOR EXAMINING OR EVALUATING, AND WE DO NOT WARRANT THE OFFERINGS OF ANY THIRD PARTY OR THIRD PARTY PRODUCTS. WE DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACTIONS, PRODUCTS AND CONTENT OF THIRD PARTY PRODUCT PROVIDERS OR ANY OTHER THIRD PARTIES. YOUR PURCHASE AND USE OF THIRD PARTY PRODUCTS IS SOLELY AT YOUR OWN RISK.
13. Indemnification
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from any and all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or Hoseki products or services, or otherwise from your submitted Content, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
14. Limitation of Liability
a. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, CONTRACTORS, VENDORS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, PRODUCT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES OR PRODUCTS (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF the greater of (1) as applicable, (A) fees paid to us for the particular Services during the immediately preceding three (3) month period or (B) amounts paid to us for products purchased through the Services that constitute the subject matter of the claim, or (2) $500.00.
b. Hoseki relies on data provided by third-party platforms or services to generate proof of reserves verifications and does not independently verify the accuracy of this information. As a result, Hoseki shall not be held liable for any errors, omissions, or inaccuracies in the verification reports caused by incomplete, outdated, or incorrect data from these external sources. You accept full responsibility for verifying the reliability of the third-party platforms or Third Party Sources, and the data they provide.
15. ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
a. Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) ARISING OUT OF OR RELATED TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF FLORIDA. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. You agree that any disputes regarding the scope and validity of these Terms of Service, and any disputes regarding the arbitrability of any dispute, will also be resolved in arbitration. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of, related to or connected with the use of the Services or these Terms of Services must be filed in the applicable forum or tribunal (whether a court of law, arbitral forum, or otherwise) within one (1) year after such claim of action arose or be forever banned and waived.
b. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
16. Governing Law and Jurisdiction
Subject to Section 15, these Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida, including its conflicts of law rules, and the United States of America, and without regard to the Convention on Contracts for the International Sale of Goods. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Miami-Dade County, Florida.
17. Modification
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following any changes to these Terms of Service constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms of Service in effect at the time of such use.
18. Miscellaneous
a. Entire Agreement and Severability. These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
b. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
c. Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
d. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
e. Notices. Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to support@hoseki.app.
f. No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
g. Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
Contact. You may contact us at support@hoseki.app.
Effective Date of Terms of Service: July 15, 2025.
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Terms of Service