Terms and Conditions of Use Hexbound

0. Provision of the Application

The Application "Hexbound" ("the Application") is made available to Members by Hexbound ("the Mentor"), who manages the content and its own community within the Application.

For the provision of the Application, the Mentor collaborates with specialized third parties, who provide the technical infrastructure, technical assistance and, where applicable, customer relations services related to the operation of the Application. These third parties do not control and are not responsible for the content published by the Mentor or for the administration of the community, matters which remain the exclusive responsibility of the Mentor.

1. Definitions

"the Application" / "Mentor App" – the software application with its own branding, through which the Mentor manages its own community.
"the Mentor" / "Owner" – the person (KOL, influencer, business person, etc.) or entity that manages the community within the Application.
"Member" / "User" – the person who joins the Mentor`s community within the Application.
"TOKERO SocialFI" – the independent social-type platform/service, owned and operated separately, on the basis of which Members are authenticated and identified, a mandatory technical condition for access to any Mentor App.
"Community" / "Group" – the grouping of Members administered by a particular Mentor within its own Application.
"Content" – any post, message, course, video/audio material, information about portfolio or asset allocation, poll or other material published by the Mentor within the Application.

2. Purpose of the Terms and Conditions

This document governs the relationships between Members and the Mentor in connection with the use of the Mentor`s dedicated Application, as well as the strictly technical connection between the Application and each Member`s TOKERO SocialFI account.

The Application allows the Mentor to move and manage, under its own branding, the community previously built on other channels (social networks, messaging groups, etc.), within a dedicated environment, personalized with its visual identity.

3. Acceptance of the Agreement

Before joining the Community, you must read and accept the Terms and Conditions, by checking the option "I confirm that I have carefully studied the Terms and Conditions and I agree to them." If you do not agree to comply with the Terms and Conditions as set out below, you will not be able to enter the community and will not be able to use and access the Services within the respective Application. All interactions with users within the Application are subject to these Terms and Conditions.

By accepting the Terms of Use of the Services, you expressly agree to the general obligations, representations, warranties, as well as the provisions regarding the characteristics of the Services and the risks involved, liability and limitations, termination, applicable law and assignment.

4. Duration of the Agreement

This agreement is entered into for an indefinite period and may be terminated in accordance with the provisions of these Terms and Conditions.

5. Further Questions

Please contact the Mentor or the authorized persons in connection with the Application if you have any questions regarding this agreement. You will not be entitled to request the cancellation or termination of this agreement on the grounds that you have not read the Terms and Conditions.

6. Changes to the Terms of Use

Any new features or tools developed within the Application will also be subject to these Terms and Conditions. Therefore, you should check the most recent version of the Terms of Use at any time you use/visit the Application.

The Mentor may modify these Terms and Conditions from time to time, as needed, including as a result of legislative changes or as a result of developments/updates to the technical infrastructure made available by third parties, and may transparently announce updates within the Application, without providing individual notification to each Member, unless otherwise provided in this document.

If you do not agree with a modification of these Terms and Conditions, you have the right to immediately stop using the Application and to leave the community. Continued use of the Application after the modifications have been published is considered acceptance of the updated version of the Terms and Conditions.

7. Access to the Group

In order to connect to and use any Mentor App, any person from the community that is migrating must, beforehand, create an account on TOKERO SocialFI. Without an active TOKERO SocialFI account, access to the Application is not possible, regardless of the Mentor or the community in question.

The creation and use of the TOKERO SocialFI account are subject to TOKERO SocialFI`s own terms and conditions, separate from this document, which the Member is required to read and accept separately.

8. Joining a Mentor`s Community

After creating a TOKERO SocialFI account, in order to become a Member of a particular community within an Application, the person must have previously received an invitation.

The way in which a request to join is confirmed depends on the setting that the Mentor/Owner configures for its own community within the Application, with the following options available:

automatic approval for requests made from the mobile app (default setting) – the Member is automatically accepted into the community when accessing the invitation from the mobile app, without any further approval being required from the Mentor/Owner;
automatic approval of all requests – any request to join is automatically accepted, regardless of the channel through which it was made;
manual approval by the Owner – the request to join is subject to the express approval of the Mentor/Owner of the community, joining becoming effective only after this approval.

The invitation is strictly linked to a particular Community/Application and does not confer access rights to other Applications or Communities of other Mentors.

9. Leaving the Community

Any Member may leave a Mentor`s community at any time, through the dedicated functionality within the Application.

Leaving a Community/Application does not automatically determine or imply the deletion of the TOKERO SocialFI account. The Mentor App and the TOKERO SocialFI account are distinct elements, and leaving a community does not affect, in any way, the existence or status of the TOKERO SocialFI account.

This independence, however, works in only one direction: since access to any Mentor App is conditional on holding an active TOKERO SocialFI account (in accordance with Section 7), the deletion or deactivation of the TOKERO SocialFI account implicitly and automatically results in the loss of access to all Communities/Applications of which the person was a part, regardless of the Mentor.

Similarly, if a Member is part of the communities of several Mentors, i.e. is a user of several distinct Applications, a request to leave made within one of the Applications takes effect only with respect to that Community/Application. The request to leave is not universally valid and does not affect the Member`s status held in the other Applications/Communities of other Mentors, nor the TOKERO SocialFI account.

10. Access Plans and Subscriptions

The Application may offer Members two levels of access, at the exclusive discretion and configuration of the Mentor for their own community: a free plan and/or a paid plan ("Subscription"). The Mentor may choose an exclusively free model, an exclusively paid model, or a combination of the two, and may freely set the prices and the features included in each plan.

Downloading and installing the Application are, in all cases, free of charge for Members. The existence or absence of a paid Subscription concerns solely access to certain features or content within a community, as determined by the relevant Mentor.

11. Audience Analytics and Measurement Tools

Use of external services: The Community Owner may use third-party traffic analysis and audience measurement services (such as Google Analytics, Meta Pixel, TikTok, X, LinkedIn) for the pages, groups, and events associated with the Community.

Responsibility: The Community Owner acts as an independent data controller for the statistics and data collected in their own third-party accounts and guarantees the use thereof in accordance with data protection legislation (GDPR).

TOKERO's role: TOKERO acts exclusively as a technical platform provider, facilitating the transmission of data to the third-party platforms configured by the Community Owner, without having access to or control over the Community Owner's private accounts.

12. Processing of Personal Data

By joining a community within an Application, the Member acknowledges and expressly agrees that their email address (associated with the TOKERO SocialFI account) will be transmitted to the Mentor/Owner of the Application whose community they have joined, for the purpose of administering that community and communicating with its Members.

The subsequent processing of the data transmitted to the Mentor (including the purpose, storage period and any transfers to third parties) is the responsibility of the Mentor, as a data controller distinct for its own community.

For any additional information regarding the processing of personal data, Members are invited to consult the privacy policy applicable to TOKERO SocialFI, and, if applicable, the Mentor`s own privacy policy.

13. Nature of the Content

The Application may include, among other things, posts by the Mentor regarding their own portfolio and asset allocation, courses or educational materials (for example, about investing, risk management, index funds/ETFs, etc.) and other financial information.

All Content published by the Mentor, including information about their portfolio or asset allocation and educational materials, is of a strictly informative and educational nature, represents the Mentor`s personal opinion, and does not constitute, in any way, investment advice, personalized investment recommendations, an offer or invitation to buy or sell any financial instrument or asset.

TOKERO SocialFI does not verify, validate or assume the accuracy, timeliness or completeness of the financial Content published by the Mentor, and does not confirm whether or not the Mentor holds any authorization, license or status as a regulated financial/investment advisor.

Any financial or investment decision made by a Member based on the Content published in the Application is made solely at the Member`s own risk. Members are encouraged to conduct their own research and, where appropriate, consult an authorized financial advisor before making any investment decision.

14. Limitation of Liability

The actions, decisions, communications and any content posted, distributed or managed by the Mentor within their own Application/community are not controlled, verified in advance, or approved by TOKERO SocialFI, and have no connection to the Platform.

Consequently, TOKERO SocialFI:

is not responsible for content posted, transmitted or distributed by the Mentor within the Application;
is not responsible for any other actions, decisions or omissions of the Mentor in connection with the administration of their community;
does not offer and is not associated with any investment recommendation, financial advice or consultancy of any kind provided within the Mentor`s Application;
is not liable, in any way, for the content, accuracy, legality or appropriateness of the information published in that Application.

Full responsibility for the content and activity carried out within an Application rests exclusively with the Mentor who administers that community. Members declare that they understand and accept this aspect by the mere use of the Application.

Purely technical matters (availability of the Application, maintenance and remediation of technical errors/incidents) are managed through the Mentor`s collaboration with third parties, who make reasonable efforts for the continuous operation of the Application, without being able to guarantee uninterrupted availability ("100% uptime") or the total absence of technical errors.

15. Additional Limitation of Liability. Force Majeure

Without prejudice to the provisions of Section 8 (Limitation of Liability), to the maximum extent permitted by applicable law:

the Mentor shall be liable for direct and foreseeable damages caused to Members only in cases of intent or gross negligence;
neither the Mentor nor the third parties referred to in Section 0 shall be liable for indirect damages, loss of opportunity or damages caused by external third parties;
no compensation is owed for interruptions to the Application caused by necessary maintenance work or by events beyond the reasonable control of the Mentor or of the third parties providing the technical infrastructure (for example: power grid or internet outages, measures by public authorities, strikes, natural events, pandemics, national or international conflicts, sanctions, cyberattacks or criminal activities by third parties).

16. Relationship between the Mentor App and TOKERO SocialFI

The only connection between any Mentor App and TOKERO SocialFI consists of the technical condition of access: an Application cannot be used without holding an active TOKERO SocialFI account. Apart from this access condition, the content and administration of the community within each Application are independent of TOKERO SocialFI, and TOKERO SocialFI is not responsible for content published by any Mentor.

Requests regarding content, moderation or the administration of a particular community should be directed to the relevant Mentor, at the contact details [email protected]. Technical requests may be directed through the support channels made available within the Application, namely [email protected].

17. Intellectual Property and Branding

The branding elements (name, logo, visual identity) of each Application belong to, and are used with the consent of, the relevant Mentor. The technical infrastructure, source code and functional elements of the Application remain the property of the third parties providing them, being made available to the Mentor solely for the purpose of administering their own community.

By publishing a Course, the Mentor retains full ownership of it. The Mentor decides, for each Course, whether it stays private to their own Community, or is made visible more broadly across specific other Communities, or publicly on the Marketplace.

Whatever the Mentor sets, the Mentor grants TOKERO SocialFi a worldwide, non-exclusive, royalty-free license, with the right to sublicense, to host, store, reproduce, and make the Course available to Members, strictly within the visibility the Mentor has chosen, and solely for the purpose of delivering the access a purchasing Member is entitled to.

This license is what allows TOKERO SocialFi to grant Course access to Members joining through any Community or the Marketplace where the Mentor has enabled visibility, but never beyond that setting. If the Mentor changes a Course's visibility later (e.g., makes a previously private Course public, or the reverse), the license scope updates accordingly.

This license does not transfer ownership of the Course, and does not, by itself, allow TOKERO SocialFi to reuse the Course content for any purpose other than delivering it to purchasing Members within the Mentor's chosen visibility.

18. General Obligations. Representations and Warranties

18.1. Obligations of the Mentor

By administering a community within the Application, the Mentor undertakes:

to comply with applicable legislation in connection with the content published, including rules on consumer protection, advertising, copyright and personal data protection;
not to publish and not to allow the publication, within the community, of illegal, defamatory, discriminatory content, content that incites hatred or violence, content that infringes the intellectual property rights of third parties, or content of a fraudulent or misleading nature;
to reasonably moderate the community and to act on any reports from Members related to content or abusive behavior;
to clearly communicate to Members any additional rules specific to their own community, to the extent that these supplement this document;
to allow Members who purchase a Course to benefit from a refund in accordance with TOKERO SocialFi's Payment Terms and Conditions, regardless of the price set by the Mentor for that Course.
not to use Members` email addresses or other data, transmitted pursuant to Section 10, for purposes other than administering the community and communicating with Members, in compliance with personal data protection legislation;
not to use the Application for unauthorized commercial solicitations, pyramid schemes, fraudulent collection of funds, or other activities prohibited by applicable law;
not to unjustifiably prevent Members from exercising the rights provided for in this document, including the right to leave the community.

18.2. Obligations of Members

By joining a community within the Application, the Member undertakes:

to provide true and current information when creating their TOKERO SocialFI account and, where applicable, when joining the community;
to keep the login credentials of their own account confidential and not to allow its use by third parties;
not to transmit, resell or redistribute the invitation received to unauthorized persons, without the consent of the Mentor/Owner;
to comply with the community rules established by the Mentor, including any specific clauses;
not to publish, within the community, illegal, defamatory, discriminatory, abusive content, content that infringes the intellectual property rights of third parties, or content of a fraudulent nature;
not to harass, threaten or discriminate against other Members or the Mentor, and to maintain reasonable conduct within the community;
not to attempt to gain unauthorized access to, disrupt the technical functioning of, or circumvent the access control mechanisms of the Application;
not to use the Application for unauthorized commercial purposes (spam, unsolicited solicitations to other Members, etc.);
to conduct their own analysis and, where appropriate, consult an authorized specialist before making decisions based on financial Content published by the Mentor.

Failure by a Member to comply with any of the obligations set out above, as well as with any specific community rules established by the Mentor, may result, at the Mentor`s/Owner`s discretion, in one or more of the following measures:

warning the Member regarding the non-compliant conduct;
temporarily restricting certain functionalities within the Community;
excluding the Member from the Community, in cases of serious or repeated breach of obligations.

Exclusion from the Community is a measure applicable exclusively at the level of that Community/Application and does not affect the Member`s TOKERO SocialFI account, nor their status as a Member in other Communities/Applications of other Mentors.

A Member excluded from a community may rejoin it only on the basis of a new invitation and by complying again with the joining mechanism described in Section 8.

18.3. Indemnification

The Member agrees to indemnify the Mentor, as well as, where applicable, the third parties referred to in Section 0, against any claim, proceeding, investigation or damages, including reasonable attorneys` fees and court costs, arising out of or in connection with: (i) the Member`s use of the Application in breach of this document or of applicable law; (ii) any claim that the content published or the Member`s conduct within the community infringes intellectual property rights or other rights of third parties, or is defamatory or damaging in nature; (iii) unauthorized access to or use of the Application by the Member.

18.4. Warranties

The Application is provided "as is" and "as available," without any express or implied warranty regarding:

uninterrupted operation, the absence of errors, or the permanent availability of the Application;
the accuracy, timeliness, completeness or usefulness of the Content published by the Mentor;
achieving any particular result (including financial) as a result of using the Application or the Content published within it;
the compatibility of the Application with all of the Members` devices, operating systems, or technical configurations.

Nothing in this document limits the rights that Members, as consumers, have under applicable consumer protection legislation, to the extent that such rights cannot be excluded or limited by agreement between the parties.

19. Termination of these Terms and Conditions

This document governs the relationship between the Member and the Mentor for as long as the Member is part of the community.

It terminates, with respect to a particular Member:

upon the Member`s voluntary departure from the community, in accordance with Section 9;
upon the Member`s exclusion from the community by the Mentor, as a result of non-compliance with obligations;
in the event of the termination/deactivation of the entire community or Application by the Mentor, a situation which will be communicated to Members in advance, to the extent reasonably possible.

Termination of this agreement, for any reason, does not affect the provisions which, by their nature, are intended to remain in force (including, but not limited to, those regarding limitation of liability, indemnification, intellectual property and applicable law).

20. Final Provisions

This document is governed by applicable Romanian law. Any dispute shall be settled amicably, and in the absence of an amicable solution, by the competent courts.

The Mentor may assign or transfer, in whole or in part, its rights and obligations under this document to another person or entity (for example, in the event that the community is taken over by another owner), with prior notice to Members through the communication channels within the Application. The Member may not assign or transfer their status as a Member or the rights associated with it to any other person.

For matters relating to the content or administration of the community, Members may contact the Mentor at the email address: [email protected].