Last updated on : 21 Oct 2025
These Terms of Service are made between you, whether personally or on behalf of an entity (“you”) and Hash Finance LLC, doing business as Hash Finance(“Hash Finance,” “we,” “us,” or “our”), concerning your access to and use of the Hash Finance mobile application(Mobile App) and Hash Finance website, www.hash-finance.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are incorporated in Wyoming, United States. You agree that by accessing the Site, you have read, understood, and agreed to these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE/MOBILE APP AND YOU MUST DISCONTINUE USE IMMEDIATELY.
1. ACCEPTANCE OF AGREEMENT
Please carefully review this Agreement before using the Mobile App, HASH-FINANCE.COM or the Services, or accessing any data thereon. If you do not agree to these terms, you may not access or use the Mobile App, HASH-FINANCE.COM or the Services. To use the Mobile App, HASH-FINANCE.COM, or the Services and to accept the Agreement, you must 1) be a citizen or legal resident of the United States, 2) be at least 18 years old, 3) agree to only have one Hash Finance account, which must be in your real name; and 4) not be prohibited by law from using the Mobile App, HASH-FINANCE.COM or the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 18, and will result in the termination of your access to Hash Finance.
2. PRIVACY POLICY
Hash Finance maintains a Privacy Policy that details how we handle and protect your data. We fully incorporate our Privacy Policy into this Agreement. Note that we reserve the right to update the Privacy Policy at our discretion and that any changes made to our Privacy Policy are effective once posted to our website, HASH-FINANCE.COM
3. MINIMUM TECHNOLOGY REQUIREMENTS TO ACCESS SERVICES
To access and use the Mobile App and Services, you must have a mobile device with access to the Internet running either Apple iOS 10.3 or higher, or Android 10.1 or higher. You must also have a valid email address and sufficient storage space to install any required mobile application. Hash Finance's mobile applications are available on the Apple App Store (for Apple devices) and Google Play Store (for Android devices).
4. USER INFORMATION ACCURACY AND UPDATES
To access Hash Finance's Services, you must create a Mobile App user account with Hash Finance. This process will include the creation of a Login ID and password to access the Mobile App and the Services. When you sign up for a user account, you agree to provide accurate, current, and complete information — such as your name, mailing address, and email address – as may be prompted by any registration forms available through the Mobile App, in connection with the Services or as otherwise requested by Hash Finance for such information ("User Information"). You further represent that you are a legal owner of, and that you are authorized to provide us with, all User Information and other information necessary to facilitate your use of the Mobile App and Services. In order to use certain Services, Hash Finance may be required to verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. If you do not respond to such inquiries or we cannot verify your identity, we can refuse to allow you to use the Mobile App and/or Services. Should any of your User Information change, you agree that you will update this information as soon as possible. To update your User Information, you may go to the Profile section of the Hash Finance app, click on "Settings," and update your User Information accordingly.
Should you believe or have reason to believe that any of your User Information, including your Login ID and/or password, has been compromised, or that another person is accessing your user account through some other means, you agree to notify us as soon as possible by submitting a help request through the email at support@hash-finance.com.
5. HASH FINANCE's OVERVIEW OF SERVICES AND FEES
Hash Finance offers a variety of services and features collectively referred to in this Agreement as the “Services”. These Services include:
Personal Finance Services – A suite of services and features you can subscribe to related to tracking your spending, receiving overdraft alerts, and viewing your bank account balance and transactions
Advance Service – Advances of your earned wages on your anticipated earned but unpaid income
5.1 Subscription Fee
Hash Finance charges an $8.99 per month subscription fee (“Subscription”) for the Personal Finance Services and Advance Service. Not all subscribers qualify for the Advance Service. Paying the subscription fee does not guarantee eligibility for an advance. Hash Finance deducts the Subscription from your Linked Account or a linked debit card. The fee will be charged regardless of the status of your connection. If you are experiencing connectivity issues, please try to update your connected bank’s log-in credentials. If the Subscription charge fails in a month you had elected to receive this service, by agreeing to these terms, then you authorize Hash Finance to process any failed or missed Subscription charges together with the following month’s Subscription. Should all attempts fail, Hash Finance reserves the right to charge the fee from another one of your connected checking accounts or debit card. You will be billed for your Subscription once per month. You may cancel your subscription through the Mobile App or by notifying us by email at hello@hash-finance.com.
5.2 Personal Finance Services
If you subscribe to the Personal Finance Services, you will have access to account monitoring and services that track your transactions, and your external bank accounts. We track your income and expenses we become aware of, and we let you know about potential overdrafts that might occur. We will monitor your linked bank account held at a depository institution (a “Linked Account”) and let you know when it appears to us that you may be in danger of having insufficient funds in your Linked Account. We cannot predict all overspending you may do but we may be one helpful tool for you to use in addition to your own careful financial management.
5.3 Advance Service(Hash Advance)
Hash Finance allows you to access some or all of various forms of income, as determined by Hash Finance, such as certain earned wages or certain government benefits checks by requesting an Advance before that income is deposited into your Bank Account. The amount of each Advance you are eligible for, and whether you are eligible for any Advance, is determined based on an evaluation of a number of factors we have identified that we believe are related to evaluating your financial health, including a required minimum of three recurring direct deposits in your Linked Account from the same income source. These factors may be changed at any time, at our sole discretion. Advance offer amounts range from $20-$100. A small proportion of subscribers qualify for $100. We have the right to adjust your eligible Advance amount at any time. We may also limit the number of Advances that you can request at any given time or over a period of time, or decline to extend an Advance to you if we reasonably believe such refusal is necessary or advisable for legal or security reasons or to protect the Services.
5.4 Express Fees
You may request us to expedite disbursement of your Advance by paying an optional fee (the “Express Fee”). While you can generally receive an Advance within approximately two (2) business days depending on processing times, if you choose to pay the Express Fee, we will use a faster delivery method that will deliver the Advance to you typically within 20 minutes. When you request an Advance and are given the option to expedite disbursement of the Advance, we will disclose the amount of the Express Fee to you again through the Mobile App before you make your selection. The Express Fee is payable if and when you choose to repay the Advance.
5.5 Advance Repayment
We reserve the right to charge your Linked Account or debit card for the Advance repayment (which includes the Advance amount plus any express fees and/or tips you optionally chose to pay) that you authorized Hash Finance to take on or after the due date specified on the final Hash Finance advance confirmation screen. However, you are not required to repay any advance. Hash Finance has no legal or contractual claim against you if you do not repay an Advance, and Hash Finance will not provide you further Advances while any amount remains unpaid under the Advance Service. We will not engage in any debt collection activities, place or sell your account to a third party, or report you to a consumer reporting agency. If you have misrepresented your identity or other information to Hash Finance, then Hash Finance may pursue instances of fraud. Although Hash Finance is attempting to serve as one tool that may help users as users work to avoid their own overdraft fees, Hash Finance is not responsible for any overdraft fees, over-the-limit fees, insufficient fund charges, or any other bank fees that result from your failure to maintain a sufficient balance in your Linked Account. Hash Finance attempts to monitor your balance and will attempt to ensure you have sufficient funds before debiting your account, but Hash Finance makes no warranties that an overdraft will not occur.
You may choose to make voluntary payments referred to as ‘Tips’ in appreciation of the Hash Advance Service provided. In no way does a ‘Tip’ alter your eligibility to receive an Advance, your ability to access an Advance or the amount of any Advance for which you are eligible. Tips are optional and range from 0% to 30% of the Advance amount.
Hash Finance does not offer advances in California, Connecticut, Missouri, District of Columbia (DC) or Nevada.
5.6 Refunds
Tips, Express fees, and the Subscription fee is non-refundable.
6. Cancellation
If you elect to receive an advance, and then you timely exercise your right to cancel this no-obligation transaction, then we will not debit your account for the amount advanced, tips, or express fees.
7. Credit and Debit Authorization
If you request an Advance, you authorize Hash Finance, affiliates, any holder of your advance and their respective agents and their assignees (collectively with Hash Finance, “Authorized Parties”) to initiate, depending on the payment method you selected, a single or recurring electronic debit entry/entries to your designated checking or savings account (“Account”) at your designated financial institution for which you are an authorized user, as well as any account or Financial Institution you later designate, for up to the total amount of your advance, together with any associated optional tips and/or optional express fees (collectively, the “Debit Amount”) on or after the due date, with both the Debit Amount and due date indicated on the final Hash Finance advance confirmation screen of the Hash Finance mobile application screen.
If you select preauthorized electronic fund transfers as your payment method, you agree:
If the total balance in your Account is less than the Debit Amount scheduled to be paid on the due date, the Authorized Parties may initiate multiple partial repayment debit entries up to the balance in your Account in accordance with applicable law. If the Authorized Parties initiate any debit entries for partial repayment of the Debit Amount that was scheduled to be paid on the due date, you understand and acknowledge that such partial repayments shall be allocated in any manner based on our discretion.
You understand and agree that if an electronic debit entry is rejected, the Authorized Parties may attempt to initiate the debit entry again in your Account until the earlier of (1) when the payment is received, or (2) the maximum number of times permitted under applicable law. You understand that your bank or other financial institution may impose fees in connection with rejected debits or debits resulting in overdrafts, and you agree that the Authorized Parties do not have any liability to you for such fees.
This authorization will remain in full force and effect until it is revoked. You understand that you may revoke this authorization by contacting Hash Finance directly at hello@hash-finance.com at least one (1) business day (business days are Monday through Fridays, excluding bank holidays) before the scheduled due date to afford the Authorized Parties and your bank a reasonable opportunity to act on your request.
If you subscribe to our services, you authorize Hash Fiance to electronically debit your Payment Method for the $8.99 Subscription Fee once each month. As applicable, you also authorize Hash Finance to electronically debit and credit your Payment Method to correct erroneous debits and credits. You have the right to receive notice of any debit for the Subscription Fee that would vary in amount from a previous Subscription Fee, but you agree that we only need to notify you in advance if a particular debit from your Payment Method would be more than $8.99. (Our policy is that no single debit for the Subscription Fee will exceed $8.99, so we expect not to provide you with advance notice of each ongoing debit from your Payment Method.) You acknowledge that, as applicable, the electronic authorization contained in this Section represents your written authorization for automated clearinghouse (“ACH”) and debit card transactions as provided herein and will remain in full force and effect until you notify Hash Finance that you wish to revoke this authorization by emailing hello@hash-finance.com. You must notify Hash Finance at least three (3) business days before the scheduled debit date in order to cancel this authorization. When you call or email, please include the name and telephone number associated with your Mobile App user account. Failure to provide correct and complete information may make it impossible for Hash Finance to stop withdrawal of the preauthorized transaction. You agree to indemnify and hold Hash Finance harmless from and against any loss incurred as a result of its withdrawal of a preauthorized debit transaction from your Payment Method if any of the information relied upon in your request to stop payment is incorrect or incomplete. If you have followed the instructions in this section to notify Hash Finance of your desire to revoke your authorization at least three (3) business days before the scheduled debit date, Hash Finance will be liable for your losses or damages directly caused by our failure to stop any preauthorized transaction. If we do not receive notice at least three (3) business days before the scheduled debit date, we may attempt, in our sole discretion, to cancel the transaction. However, we assume no responsibility for our failure to do so. You warrant and represent to Hash Finance that you have the right to authorize us to charge and credit your Payment Method for payments due to us under this Agreement. If you have a joint Linked Account, you represent and warrant that you have the authority to (a) bind the absent account holder; and (b) enter into this Agreement independently. You agree to indemnify and hold Hash Finance harmless from any claims by any other owner of the Linked Account. You represent that you are capable of saving or otherwise storing a copy of this electronic authorization for your records, and the credit and debit transactions you request comply with applicable law.
The app is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the app.
8. USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
9. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Site in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Site.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Site.
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
10. USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
11. CONTRIBUTION LICENSE
You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings). By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
12. MOBILE APPLICATION LICENSE
12.1 Use License
If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
12.2 Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.
14. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
15. SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
16. LIMITATION OF LIABILITY
THE HASH FINANCE PARTIES WILL NOT BE RESPONSIBLE, UNDER ANY CIRCUMSTANCES, TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING DAMAGES UNDER WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER CLAIMS, ARISING OUT OF OR RELATING TO YOUR USE OF THE MOBILE APP, HASH-FINANCE.COM, OR THE SERVICES, THE HASH FINANCE MATERIALS, OR ANY CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE MOBILE APP, HASH-FINANCE.COM, OR THE SERVICES, EVEN IF HASH FINANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE HASH FINANCE PARTIES WILL ALSO NOT BE LIABLE TO YOU FOR ANY USE OF INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED VIA THE MOBILE APP, HASH-FINANCE.COM, OR THE SERVICES, OR FOR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS, OR LOSSES RESULTING FROM, INCLUDING LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO, OR USE OF, THE MOBILE APP, HASH-FINANCE.COM, OR THE SERVICES. IN NO EVENT WILL THE HASH FINANCE PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED USD $1,000 (ONE THOUSAND UNITED STATES DOLLARS). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MOBILE APP, AVE.COM, OR THE SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES
17. INDEMNIFICATION
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless the Hash Finance Parties from and against any and all claims, losses, expenses, demands or liabilities, including reasonable attorneys' fees arising out of or relating to (i) your access to, use of or alleged use of the Mobile App, hash-finance.com or the Services; (ii) your violation of this Agreement or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You shall cooperate as fully as reasonably required in the defense of any such claim. Hash Finance reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree not to settle any matter without the prior written consent of Hash Finance.
18. DISPUTE RESOLUTION BY BINDING ARBITRATION
YOU HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO OPT OUT AND REJECT THIS PROVISION AS PROVIDED IN SECTION 21.3 BELOW.
18.1 Election to Arbitrate.
You and Hash Finance agree that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to this Section 21 (the "Arbitration Provision"), unless you opt out as provided in Section 21.3 below. As used in this Arbitration Provision, "Claim" shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us on the other hand, relating to or arising out of this Agreement, the Services, the Mobile App, and/or the activities or relationships that involve, lead to, or result from this Agreement, including (except to the extent provided otherwise in Section 21.8 below) the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Agreement. Claims are subject to arbitration regardless of whether they arise from a contract; tort (intentional or otherwise); constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counter‐claims, cross-claims, third-party claims, or otherwise. You or we may assert any Claim or seek any related relief in a small claims court if the Claim qualifies for and remains in a small claims court and only proceeds on an individual (non-class, non-representative) basis. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable.
18.2 Applicability of the Federal Arbitration Act; Arbitrator's Powers.
This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act (the "FAA"), including, without limitation, the procedures governing Batch Arbitration in Section 21.13. The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.
18.3 Right to Opt Out of Arbitration Provision.
You have the right to opt out of this Arbitration Provision for all purposes by sending an arbitration opt-out notice to legal@hash-finance.com, within 60 days of the date of your electronic acceptance of the terms of this Agreement (or otherwise first becoming subject to this Arbitration Provision). The opt-out notice must clearly state that you are rejecting arbitration; identify the Agreement to which it applies by date; provide your name, address, and email address and be signed by you. No other methods can be used to opt out of this Arbitration Provision. Any opt-out notice will be effective only if you send it yourself, on an individual basis, and opt-out notices from any third-party purporting to act on your behalf will have no effect on your or our rights. If you opt out of this Arbitration Provision, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Provision has no effect on any arbitration agreements that you may currently have with us, including any previous versions of this Arbitration Provision to which you agreed and did not timely opt out, which will remain in effect.
18.4 Informal Dispute Resolution.
If a Claim arises, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a prompt, low-cost, and mutually beneficial resolution. You and we agree to participate in good faith informal efforts to resolve Claims before starting an arbitration or initiating an action in small claims court ("Informal Dispute Resolution").
To initiate an Informal Dispute Resolution, a party must give notice in writing to the other party ("Notice"). You must send your Notice to us by email to legal@hash-finance.com. Your Notice must include: ( 1 ) your name; ( 2 ) your telephone number, mailing address, and email address; ( 3 ) the name, telephone number, mailing address and email address of your counsel, if any; and ( 4 ) a factual description of the Claim, a description of the remedy sought, and an accurate, good‐faith calculation of the amount in controversy. Hash Finance will send the Notice, including a description of the Claim, to your email address or regular address on file.
It is your responsibility to ensure that your email and mailing address are correct and remain up to date. You agree to promptly notify us if, at any time during the Informal Dispute Resolution process, you become represented by counsel.
The Informal Dispute Resolution process lasts forty-five (45) calendar days and is a mandatory precondition to commencing arbitration.
The statute of limitations and any filing deadlines shall be tolled (meaning, they will be paused) while the parties engage in Informal Dispute Resolution.
18.5 Arbitration Procedures, Rules, and Forum.
If a Claim is not resolved within forty–five (45) calendar days of submitting the Notice, a demand for arbitration can be made in accordance with this Arbitration Provision, unless we and you mutually agree in writing to extend or shorten that 45–day period. You and we agree that the arbitrator shall dismiss any arbitration demand filed prior to the end of that period.
The party initiating arbitration shall do so with the American Arbitration Association ("AAA"). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the AAA, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. If you have any questions concerning the AAA or would like to obtain a copy of the AAA arbitration rules (the "AAA Rules"), you may call 1(800) 778-7879 or visit the AAA's website at: www.adr.org. In the case of a conflict between the rules and policies of the AAA and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the AAA apply. The arbitration will be held in the United States county where you live or work, or any other location we agree to.
A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the "Demand"). The Demand must include: ( 1 ) the name, telephone number, mailing address, and the email address of the party seeking arbitration; ( 2 ) a statement of the legal claims being asserted and the factual bases of those claims; ( 3 ) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy; ( 4 ) a statement certifying completion of the Informal Dispute Resolution process as described above; and ( 5 ) a statement certifying that the requesting party will pay any necessary filing fees in connection with such arbitration. Any Demand you send to Hash Finance must be sent by email to legal@hash-finance.com. Hash Finance will provide the Demand to your email or mailing address on file.
If the party requesting arbitration is represented by counsel, the Demand shall also include counsel’s name, telephone number, mailing address, and email address. Counsel must also sign the Demand. By signing the Demand, you and/or your counsel certifies to us, to the best of you or your counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that, consistent with the standards set forth in Federal Rule of Civil Procedure 11(b): ( 1 ) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; ( 2 ) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and ( 3 ) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of arbitration. If AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely as set forth in the applicable AAA fee schedules (the "Fee Schedules").
You and Hash Finance agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties' attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
You and Hash Finance agree that at least fourteen (14) days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover any post–offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.
18.6 Costs and Fees.
The parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator finds that either the substance of the Claim or the relief sought in the Demand was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)) or as expressly provided in this Section or in Section 21.13.
To the extent, following a presentation on the merits, on its own motion or a party's, and after affording a reasonable opportunity to respond, an arbitrator determines that a party who commenced arbitration did not bring its claim(s) consistent with you or your counsel's certification and the standards set forth in Federal Rule of Civil Procedure 11(b), the parties agree that the arbitrator shall, as part of its award, impose sanctions by ordering that the initiating party reimburse the responding party for all arbitration filing and administrative fees and arbitrator costs the responding party incurred under the Fee Schedules.
Subject to this Arbitration Provision, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim.
If you or Hash Finance need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall be entitled to recover from the other party its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing an order compelling arbitration.
18.7 Appeals.
Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitrator administrator. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator's rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding, except for any appeal right under the FAA, and may be entered as a judgment in any court of competent jurisdiction.
18.8 WAIVER OF CLASS AND OTHER NON-INDIVIDUALIZED RELIEF.
EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS. EACH PARTY WAIVES ITS RIGHTS TO HAVE ANY CLAIM BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE.
Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Except for claims seeking public injunctive relief and unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this Section 21.8, and any attempt to do so, whether by rule, policy, arbitration decision, or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this Section 21.8 shall be determined exclusively by a court and not by the administrator or any arbitrator.
Nothing in this Section 18.8 affects the terms and conditions related to Batch Arbitration under Section 18.13.
If a final decision, not subject to any further appeal or recourse, determines that the limitations of this Section 18.8 are invalid or unenforceable as to a particular Claim or request for relief (such as a request for public injunctive relief), that particular Claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in Philadelphia, Pennsylvania, except as otherwise required by applicable law, in which case it may be litigated in a court of competent jurisdiction.
18.9 Survival and Severability of Arbitration Provision.
This Arbitration Provision shall survive the termination of this Agreement. If any portion of this Arbitration Provision other than Section 21.8 and Section 21.13 is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If there is a final judicial determination that applicable law precludes enforcement of this Arbitration Provision's limitations as to a particular claim for relief or a particular term, then that claim (and only that claim) or that term (and only that term) must be severed from the Arbitration Provision and may be brought in court.
However, if an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in Section 18.8 are finally adjudicated pursuant to the last sentence of Section 18.8 to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision.
Moreover, if the Batch Arbitration provisions under Section 18.13 of this Arbitration Agreement are found under applicable law to be invalid or unenforceable, then the entire Arbitration Agreement shall be void, and the parties agree that all Claims shall be heard in the state or federal courts located in Philadelphia, Pennsylvania to the maximum extent permitted by applicable law, except as otherwise required by applicable law, in which case it may be litigated in a court of competent jurisdiction.
18.10 Judicial Forum for Claims.
Except as otherwise required by applicable law, in the event that this Arbitration Provision is found not to apply to you or your Claim, you and Hash Finance agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts located in Philadelphia, Pennsylvania (or, if required by applicable law, brought in a court of competent jurisdiction). Both you and Hash Finance consent to the venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
18.11 WAIVER OF RIGHT TO LITIGATE AND JURY TRIAL.
THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT UNDER ARBITRATION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR CONSTITUTIONAL, STATUTORY, AND ANY OTHER RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS SUBJECT TO VERY LIMITED REVIEW.
18.12 Selection of The Arbitrator; Authority of The Arbitrator.
The arbitrator will be either a retired judge or an attorney licensed to practice law with experience in the law underlying the dispute and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Demand, then AAA will appoint the arbitrator in accordance with AAA Rules, provided that if the Batch Arbitration process under Section 18.13 is triggered, AAA, without soliciting input or feedback from any party, will appoint the arbitrator for each batch.
The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us, subject to Section 18.7.
18.13 Batch Arbitration.
To increase the efficiency of administration and resolution of arbitrations, if there are twenty-five (25) or more individual Demands of a substantially similar nature filed against Hash Finance by or with the assistance of the same law firm, group of law firms, or organizations, within a reasonably contemporaneous period of time, for example, a ninety (90) day period, AAA shall ( 1 ) administer the arbitration Demands in batches of 100 Demands per batch (or, if between twenty-five (25) and ninety-nine (99) individual Demands are filed, a single batch of all those Demands, and, to the extent there are fewer than 100 Demands remaining after the batching described above, a final batch consisting of the remaining Demands); ( 2 ) appoint one arbitrator for each batch; and ( 3 ) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award, which will provide for any and all relief to which the arbitrator determines each individual party is entitled ("Batch Arbitration"). AAA shall administer all batches concurrently, to the extent possible.
You and Hash Finance agree that Demands are of a "substantially similar nature" if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief.
If the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise AAA, and AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (the "Administrative Arbitrator"). The parties agree the Administrative Arbitrator may set forth procedures that are necessary to promptly resolve any Claims. You and we agree to cooperate in good faith with AAA to implement the Batch Arbitration process, including, without limitation, the payment of single filing and administrative fees for batches of Demands, as well as any steps to minimize the time and costs of arbitration, which may include: ( 1 ) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and ( 2 ) the adoption of an expedited calendar of the arbitration proceedings.
You and Hash Finance agree to cooperate in good faith with AAA to implement the Batch Arbitration process, including the payment of single filing and administrative fees for batches of Demands, as well as any steps to minimize the time and costs of arbitration.
Batch Arbitration does not authorize or create a class, collective, and/or representative arbitration or action of any kind, except as expressly set forth in this Section 23.13, and Batch Arbitration does not preclude any party from participating in any arbitration administered according to the Batch Arbitration process.
18.14 Statute of Limitations.
Any Claim that you have against Hash Finance must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply in an arbitration proceeding in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
19. CONTACTING US
If you have questions regarding the Agreement or the practices of Hash Finance, please contact us by email: support@hash-finance.com or by regular mail at Hash Finance, 1207 Delaware Ave #1752 Wilmington DE 19806.