Terms of Use and Copyright Policy – HOLO
This document is legally binding and governed by the laws of the State of New York, United States of America, and applicable international treaties. The Holo Fund Operating LLC may, at its sole discretion, designate additional or alternative jurisdictions to govern future versions or revisions of this document, upon express notice.
1. IDENTIFICATION OF THE LEGAL ENTITY AND OPERATIONAL PLATFORM
1.1 These Terms of Use (“Terms”) govern access, use, interaction, registration, data transmission, information submission, financial contributions, and any other activities related to the entirety of products, services, content, technologies, digital platforms, and integrations (hereinafter referred to as the “Platform”) operated and exclusively owned by Holo Fund Operating, LLC, a limited liability company duly incorporated under the laws of the State of Delaware, United States of America, with its commercial address at 295 Madison Avenue, 12th Floor, Office 1032, New York, NY, 10017, USA (hereinafter referred to as the “HOLO,” “we,” “us,” or “our”). The Platform is the exclusive property of the HOLO, including all present and future technologies, features, intellectual property, and content.
1.2 These Terms constitute an irrevocable, binding, and fully enforceable legal agreement in all jurisdictions worldwide, aiming to safeguard the operational sovereignty, asset protection, intellectual property, cybersecurity, and present and future assets of the HOLO, including but not limited to its trademarks, technologies, reputation, content, and proprietary interests.
1.3 The HOLO reserves the exclusive and discretionary right to expand, modify, or transfer its operational structure, including, without limitation, the formation of holding companies, trusts, foundations, international vehicles, or any other legal structures, without prior notice or the need for express authorization, consent, or approval from Users, clients, stakeholders, or any third parties. All such changes shall be automatically subject to these Terms.
2. ACCEPTANCE OF TERMS AND LEGAL BINDING
2.1 By accessing, browsing, registering, interacting with, or using any feature, content, service, technology, system, or functionality of the Platform, the User—whether an individual or legal entity—expressly acknowledges, under penalty of law and in accordance with the governing laws set forth in these Terms, that they have read, understood, accepted, and irrevocably, unconditionally, and permanently agreed to all terms, conditions, obligations, limitations, and disclaimers set forth herein, binding themselves fully and without reservation to the HOLO. The User further acknowledges that failure to fully comply with these Terms may result in immediate suspension or termination of access, as well as potential legal actions or claims for damages.
2.2 The User expressly acknowledges that these Terms constitute a formally valid and legally binding contract that supersedes any prior understanding, informal communication, verbal promise, marketing material, or correspondence, and irrevocably waives any future claim of unawareness, nullity, or unenforceability of these Terms, whether based on consumer protection principles, public policy, or any other legal argument. The User acknowledges and agrees that the disclaimers, limitations, and liability protections set forth herein are reasonable, fair, and necessary for the continued operation and integrity of the Platform.
2.3 The User expressly agrees that no provision of these Terms shall be construed in a manner unfavorable to the HOLO. In the event of any ambiguity, gap, omission, or interpretative dispute, the text shall be interpreted and applied in a manner that prioritizes the protection of the HOLO’s rights, interests, reputation, and operations, always aiming for maximum legal and operational shielding, and in accordance with the laws and jurisdiction designated by the HOLO.
2.4 The User agrees to indemnify, defend, and hold harmless the HOLO, its partners, administrators, directors, representatives, agents, employees, collaborators, and affiliates from any and all losses, damages, costs, expenses, legal fees, penalties, or liabilities—whether direct, indirect, incidental, consequential, or punitive—arising from (i) violation of these Terms, (ii) misuse of the Platform, or (iii) failure to comply with any applicable legal or regulatory norm, including, but not limited to, reasonable attorneys’ fees, expert witness costs, and any costs related to arbitration, litigation, or enforcement of these Terms.
3. DEFINITIONS AND INTERPRETATIONS
3.1 For the purposes of these Terms, the following definitions apply globally and supersede any local or common-sense interpretations unless expressly stated otherwise in these Terms:
Platform: The integral and proprietary set of digital, technological, operational, and informational assets exclusively owned by the HOLO, including, but not limited to: domains, subdomains, APIs, bots, marketplaces, applications, backend systems, integrations, software, code, user interfaces, educational content, videos, music, books, texts, frequencies, documents, designs, and any other physical or digital elements, whether currently existing or developed in the future, regardless of jurisdiction or technological format.
User: Any individual or legal entity, regardless of location or legal status, that directly or indirectly accesses, interacts with, uses, transacts, sends or receives information, or engages in any activity related to the Platform, including passive access or incidental exposure.
Contributed Capital: Any monetary amount voluntarily transferred by the User to the Platform, for any purpose including, but not limited to, participation in the HOLO’s services, products, or programs, subject to the specific rules of these Terms and without the creation of any right to ownership, partnership, equity, profit-sharing, or fiduciary relationship with the HOLO.
Progress Reset: A contractual mechanism of the HOLO that may result in the reduction or adjustment of benefits, returns, bonuses, rewards, achievements, or any other advantages accumulated by the User, as a means of preserving the financial, operational, legal, or strategic sustainability of the Platform. This mechanism shall be applied with prior written notice of thirty (30) calendar days, specifying the reason for its application, and the User shall have the right to submit a written response within such period.
Platforms Holo Heal and Holo Start: Digital environments created and maintained by the HOLO, strictly non-commercial and dedicated solely to promoting the cultural, educational, social, and spiritual development of humanity. These platforms are not intended for profit-generation, investment opportunities, or financial gain of any kind, and any interpretation to the contrary is expressly disclaimed by the HOLO.
4. SCOPE OF APPLICATION AND LEGAL SUPREMACY
4.1 These Terms govern all interactions, transactions, communications, registrations, access, usage, content submissions, data transmissions, financial contributions, and any other forms of engagement between the User and the Platform, including, without limitation, any future updates, expansions, modifications, or integrations of the operation, whether technical, legal, or strategic, and regardless of the User's level of awareness, understanding, or consent.
4.2 No verbal information, marketing statements, third-party communications, informal representations, or promises not formally and expressly included in these Terms shall create any right, obligation, expectation, or liability for the HOLO. This document constitutes the sole and exclusive valid source for interpreting, enforcing, and demanding the rights and duties between the parties, superseding any prior agreements, understandings, negotiations, or representations, whether oral or written.
4.3 The HOLO expressly reserves all rights under applicable international laws and treaties, including, without limitation, the right to initiate legal, arbitral, or administrative actions in any jurisdiction, to seek asset seizure, to request injunctive relief, to pursue damages, to enforce these Terms to the fullest extent permitted by law, and to implement any legal or equitable remedy available under the applicable legal framework.
4.4 The HOLO reserves the right to enforce these Terms to the fullest extent permitted by applicable law. In the event of any dispute regarding the validity or enforceability of any provision of these Terms, the matter shall be resolved in accordance with the dispute resolution mechanisms set forth herein. Any provision found to be unenforceable by a court or tribunal of competent jurisdiction shall be modified to the minimum extent necessary to make it enforceable, without affecting the validity of the remaining provisions.
5. ACCESS, ACCOUNT REGISTRATION, AND IDENTITY VERIFICATION
5.1 Access to certain features, services, or restricted areas of the Platform requires the creation of a personal, non-transferable, and exclusive account, based on the User’s submission of complete, truthful, current, and accurate information. The use of false, incomplete, outdated, misleading, or unauthorized third-party data is strictly prohibited and constitutes a material breach of these Terms.
5.2 The User declares, under penalty of law, that all information provided is true, accurate, and complete, and assumes full legal and contractual responsibility for the veracity and accuracy of the data submitted. The User acknowledges that any discrepancy, falsity, omission, inconsistency, or manipulation of information constitutes a severe and material contractual breach, subject to the penalties outlined in these Terms and applicable law, including potential civil, administrative, and criminal liability.
5.3 The HOLO reserves the unrestricted right, at any time and at its sole discretion, to request official identification documents, proof of residence, tax declarations, corporate records, source of funds evidence, or any other documents or information necessary for identity verification, compliance checks, anti-money laundering procedures, or risk assessment. The User is obligated to provide such documents immediately, completely, and without obstruction. Failure to comply with these requests may result in account blocking, suspension, or termination, and the forfeiture of access to the Platform, its services, and any associated assets or data.
5.4 Failure to comply with verification requests, the submission of false or misleading information, or the detection of irregularities, inconsistencies, or signs of fraud, money laundering, or illicit activities may result, at the sole and exclusive discretion of the HOLO, in the immediate and summary termination of the User’s account, the freezing, retention, or forfeiture of any funds, assets, or benefits linked to the account, and the immediate reporting of the User and relevant data to competent authorities, including financial intelligence units, regulatory bodies, anti-money laundering agencies, and any other public or private entities responsible for safeguarding the integrity of the global financial system.
5.5 The User acknowledges and agrees that all accounts, access credentials, permissions, and usage rights on the Platform are the exclusive and non-transferable property of the HOLO. Their use by the User is strictly temporary, conditional, and revocable at any time, for any reason, and at the sole discretion of the HOLO, without such revocation giving rise to any right to compensation, reimbursement, indemnity, or claim of any kind, regardless of the reason or justification for the revocation.
6. LIMITATION OF LIABILITY AND EXPRESS DISCLAIMER OF WARRANTIES
6.1 The HOLO, its partners, administrators, directors, employees, representatives, agents, suppliers, and affiliates shall under no circumstances be liable for any direct, indirect, incidental, punitive, exemplary, consequential, or special damages, including, but not limited to, financial losses, business interruptions, data loss, reputational harm, or loss of profits, arising from or related to the use or inability to use the Platform, even if the HOLO has been previously advised of the possibility of such damages. The User expressly acknowledges that they assume all risks associated with the access and use of the Platform.
6.2 The HOLO makes no warranties, representations, or guarantees, whether express or implied, that access to, use of, or operation of the Platform will be uninterrupted, error-free, secure, virus-free, or suitable for any specific purpose. The User is solely and exclusively responsible for adopting all appropriate cybersecurity measures, backups, and risk management procedures when using the Platform, and the HOLO shall have no liability for any failures or damages resulting from the User’s lack of such measures.
6.3 All information, content, services, and materials provided by the Platform are offered strictly “as is” and “as available,” without any warranties, representations, or guarantees of any kind, whether express, implied, statutory, or contractual, including, but not limited to, warranties of merchantability, fitness for a particular purpose, accuracy, completeness, timeliness, non-infringement of third-party rights, or compliance with any specific legal, regulatory, or tax obligations in any jurisdiction.
6.4 The User expressly waives, fully and irrevocably, any right or claim to seek compensation, reimbursement, or redress against the HOLO, its partners, administrators, directors, representatives, agents, suppliers, or affiliates for any damages, losses, or allegations arising from or related to (i) the use or inability to use the Platform, (ii) reliance on any information, guidance, or materials provided by the HOLO, or (iii) any errors, delays, interruptions, omissions, or inaccuracies in the provision of services, regardless of cause or foreseeability.
6.5 Notwithstanding the foregoing disclaimers, should the HOLO be found liable by a final and enforceable decision of a competent court, the HOLO’s total liability for any and all claims, in aggregate, shall under no circumstances exceed the total amount actually paid by the User to the HOLO for the services provided during the twelve (12) months immediately preceding the event giving rise to the claim, and such liability cap shall apply regardless of the legal theory, jurisdiction, or nature of the claim.
7. DISCLAIMER ON EDUCATIONAL CONTENT AND ASSET PLANNING GUIDANCE
7.1 The HOLO, out of goodwill, without any contractual obligation or legal duty, provides educational, cultural, spiritual, and informational content to the public, including, but not limited to, materials on asset protection, inheritance planning, financial planning, and asset preservation strategies. Such content is provided solely for general informational purposes and does not constitute, nor shall it be construed as, legal, tax, financial, accounting, or professional advice.
7.2 Such content is offered free of charge, without any contractual commitment, guarantee of results, promise of future benefits, or assurance of effectiveness. The User acknowledges that the content is provided “as is” and “as available,” and the HOLO makes no representations or warranties regarding its accuracy, completeness, timeliness, applicability, or suitability for any specific purpose or individual situation.
7.3 The User acknowledges and agrees that the use, adoption, or reliance upon any suggestions, ideas, concepts, or guidance provided by the HOLO is done entirely at their sole and exclusive risk. The User assumes full and unrestricted responsibility for any decisions, actions, omissions, or consequences resulting from their interpretation, use, or application of the content provided by the HOLO.
7.4 The HOLO expressly disclaims any and all liability for any losses, damages, disputes, tax audits, fines, administrative penalties, regulatory inquiries, or any other legal, financial, or reputational consequences that may arise, directly or indirectly, from the interpretation, use, reliance upon, or application of any content, materials, or information provided on the Platform.
7.5 The User expressly and irrevocably waives any and all rights to actions, claims, compensation, damages, reimbursement, or redress against the HOLO, its partners, administrators, directors, agents, or representatives for the provision of such educational and advisory content. The User acknowledges and agrees that such materials do not constitute a contractual commitment, a guarantee of results, or the provision of legal, tax, financial, accounting, or specialized professional services.
8. INTELLECTUAL PROPERTY, COPYRIGHTS, AND TRADE SECRECY
8.1 All intellectual property rights related to the Platform, including, but not limited to, trademarks, logos, trade names, domains, subdomains, software, code, APIs, algorithms, designs, functionalities, visual content, text, audio, video, music, books, frequencies, educational materials, databases, and any other intellectual, technological, or industrial creations, whether registered or unregistered, are the sole, exclusive, and perpetual property of the HOLO. Any unauthorized use, reproduction, distribution, or exploitation, without the prior, specific, and written consent of the HOLO, is strictly prohibited and constitutes a material and intentional infringement of intellectual property rights.
8.2 It is strictly prohibited to reproduce, distribute, display, publicly perform, transmit, make available, adapt, translate, reverse engineer, decompile, disassemble, analyze, modify, sublicense, sell, resell, commercially exploit, or use any element of the Platform’s content, technology, or intellectual property in any way without the formal, express, and written authorization of the HOLO. Any violation shall result in immediate legal consequences, including civil, administrative, and criminal liability, and the imposition of sanctions in all applicable jurisdictions, regardless of the User’s intent, location, or legal status.
8.3 Any breach of this clause authorizes the HOLO, without prior notice, to take all necessary legal, administrative, and extrajudicial measures, including, but not limited to, filing civil and criminal actions, seeking injunctive relief, asset seizure, freezing of accounts, blocking of access, takedown requests, and claims for compensation for material, moral, reputational, and consequential damages, as well as lost profits, punitive damages, legal fees, and all costs incurred in the enforcement of its rights.
8.4 The User acknowledges and agrees that any content, technology, or information accessed, viewed, or received on the Platform, even if not explicitly marked as confidential, shall be deemed proprietary, confidential, and protected intellectual property of the HOLO, subject to strict secrecy obligations and maximum legal protection. The use, disclosure, reproduction, or application of such information for commercial, academic, competitive, or any purpose unrelated to the User’s personal, non-commercial experience on the Platform is strictly prohibited and shall constitute a material and willful breach of these Terms.
8.5 Any unauthorized use, misappropriation, copying, reverse engineering, decompilation, plagiarism, analysis, or attack against the HOLO’s intellectual property, trade secrets, or technological infrastructure shall be deemed a severe, intentional, and aggravated violation, subjecting the violator to the maximum liability permitted by law. Such liability shall include, but not be limited to, full compensation for actual, moral, reputational, and consequential damages, a punitive fine of no less than USD 500,000 (five hundred thousand United States dollars), plus all legal costs, attorney’s fees, expert witness fees, investigation expenses, and any other costs incurred by the HOLO in pursuing enforcement and redress.
8.6 The User acknowledges and agrees that the following names, concepts, methodologies, economic models, frameworks, and operational systems are original, proprietary, and exclusive creations of the HOLO, constituting protected trade secrets, proprietary intellectual property, and confidential business information: (a) "Time-Based Economy" — the HOLO's specific and proprietary implementation, system architecture, operational methodology, framework design, algorithms, processes, user flows, interface logic, and all derivative structures and applications developed by the HOLO in connection with the time-based economy concept, without claiming ownership of the general academic or theoretical concept itself; (b) "Holo Fund" — the proprietary capital management system, contribution model, return methodology, wallet infrastructure, and all associated processes; (c) "Holo Heal" — the proprietary educational, integrative, and developmental platform and all associated content, methodologies, and frameworks; (d) "Holo Eco" — the proprietary sustainability and environmental impact framework and all associated models and processes; (e) "Holo Start" — the proprietary spiritual school of anthropology and human development, including all associated teachings, methodologies, frameworks, curricula, and philosophical foundations; (f) "Holo Bank" — the proprietary financial infrastructure, banking methodology, transaction systems, and all associated processes, interfaces, and operational frameworks; (g) "Holo Space" — the proprietary social media platform, including all associated networking features, content distribution systems, community frameworks, algorithms, user interaction models, and interface designs. These designations, together with their underlying concepts, structures, logic, methodologies, visual identities, and any derivative or substantially similar variations, are the sole and exclusive property of the HOLO, regardless of trademark registration status in any jurisdiction.
8.7 It is strictly and unconditionally prohibited to replicate, imitate, adapt, derive from, create substantially similar versions of, or otherwise appropriate the conceptual framework, economic model, operational logic, methodology, terminology, branding, or structural design of the Time-Based Economy or any other proprietary HOLO concept identified in Clause 8.6, whether in whole or in part, directly or indirectly, in any medium, format, jurisdiction, or context, including but not limited to academic publications, competing platforms, derivative products, consulting services, educational materials, open-source projects, or any commercial or non-commercial application. The prohibition extends to any attempt to reverse-engineer, deconstruct, analyze for replication purposes, or create functional equivalents of the HOLO's proprietary economic models and conceptual frameworks, regardless of whether the resulting work uses different terminology, branding, or visual presentation.
8.8 Any violation of Clauses 8.6 or 8.7 shall be deemed a willful, material, and aggravated breach of these Terms, constituting misappropriation of trade secrets under the Defend Trade Secrets Act (18 U.S.C. § 1836), the Uniform Trade Secrets Act, and all applicable international treaties and conventions for the protection of intellectual property and trade secrets. Such violation shall subject the infringer to: (i) immediate injunctive relief without bond in any court of competent jurisdiction; (ii) liquidated damages of no less than USD 2,000,000 (two million United States dollars) per concept misappropriated, representing a genuine pre-estimate of the minimum harm caused by such misappropriation; (iii) disgorgement of all profits, revenues, and economic benefits derived from the unauthorized use; (iv) exemplary and punitive damages to the maximum extent permitted by law; (v) full indemnification of all legal costs, attorney's fees, expert fees, investigation expenses, and enforcement costs incurred by the HOLO; and (vi) referral to appropriate federal and international law enforcement authorities for criminal prosecution of trade secret theft under 18 U.S.C. § 1832 (Economic Espionage Act) where applicable.
9. INFORMATION SECURITY, DATA PROTECTION, AND CYBERSECURITY
9.1 The HOLO employs international-standard security measures, including, but not limited to, advanced encryption, intrusion detection systems, continuous monitoring protocols, multi-factor authentication, secure network architecture, and regular audits, to protect the integrity, confidentiality, and availability of the information stored, processed, and transmitted by the Platform. The User acknowledges that these measures are implemented as a matter of best efforts and do not constitute a guarantee of absolute security.
9.2 The User acknowledges, understands, and expressly agrees that total security in digital systems is inherently unattainable, and no technology, regardless of its advancement, can guarantee absolute protection against external threats such as cyberattacks, viruses, malware, ransomware, hacking, social engineering, phishing, zero-day exploits, or unforeseen failures. The User assumes full responsibility for their own cybersecurity posture, including the implementation of adequate protections for their devices, networks, accounts, and data.
9.3 The HOLO shall not be liable for any direct, indirect, incidental, consequential, or punitive losses, damages, or harms caused by security incidents, breaches, leaks, unauthorized access, system outages, downtimes, data corruption, or cyberattacks, including those arising from vulnerabilities, bugs, or exploits not previously identified or disclosed. The User acknowledges that they bear sole responsibility for adopting complementary security measures to protect their devices, accounts, and information, and waives any right to seek compensation or redress from the HOLO in connection with such events.
9.4 The User agrees not to engage in, attempt, facilitate, encourage, or tolerate any form of unauthorized access, hacking, reverse engineering, vulnerability exploitation, distributed denial of service (DDoS) attacks, phishing, data scraping, API abuse, malware injection, code manipulation, brute-force attacks, or any other actions, directly or indirectly, that may compromise the security, integrity, confidentiality, or regular operation of the Platform, its users, or its infrastructure.
9.5 Any failure to comply with the obligations of this clause shall constitute a material, willful, and aggravated breach of these Terms, and will result in the immediate suspension or permanent termination of the User’s account, without prior notice, and authorizes the HOLO to pursue all available legal, administrative, and extrajudicial remedies. Such remedies include, but are not limited to, claims for full compensation of damages (including actual, moral, reputational, and consequential damages), protective court orders, asset blocking, the freezing of accounts, the implementation of technical countermeasures, and the reporting of the User and associated data to relevant authorities, including law enforcement agencies, international cybercrime prevention bodies, regulatory entities, and financial intelligence units.
10. USER ACCOUNT REGISTRATION, PLATFORM USAGE, AND RESPONSIBILITIES-
10.1 The User agrees to use the Platform in a legal, ethical, responsible, and diligent manner, strictly refraining from any conduct that may, directly or indirectly: (i) harm the HOLO’s operations, reputation, or interests; (ii) infringe or misappropriate intellectual property rights; (iii) violate legal, regulatory, or contractual standards; (iv) compromise the security, stability, confidentiality, integrity, or functionality of the Platform; or (v) disrupt or interfere with other Users' access or experience.
10.2 The User is strictly and expressly prohibited from, under any circumstances: (i) using Platform information, data, or resources for unauthorized commercial, academic, or competitive purposes; (ii) accessing restricted areas or systems without prior authorization; (iii) sharing, selling, or disclosing access credentials or any other sensitive information to third parties; (iv) manipulating, falsifying, or altering data, results, or processes within the Platform; (v) submitting, uploading, or distributing illegal, offensive, discriminatory, defamatory, threatening, harmful, or malicious content; (vi) engaging in any fraudulent, deceptive, unlawful, or harmful act against the HOLO, its users, or third parties; or (vii) circumventing, attempting to circumvent, or facilitating the circumvention of any technical or security measures implemented by the HOLO.
10.3 Any breach of the provisions of this clause shall constitute a material, willful, and aggravated violation of these Terms and entitles the HOLO, at its sole and exclusive discretion, to adopt immediate protective and remedial measures, including, but not limited to: temporary or permanent suspension of the User’s account; restriction of functionality; blocking, freezing, or forfeiture of funds, assets, or benefits linked to the account; technical countermeasures; and the reporting of the incident, along with all associated data, to competent legal, regulatory, or law enforcement authorities for appropriate civil, criminal, administrative, or regulatory action.
10.4 The User acknowledges, accepts, and agrees that their account is personal, individual, and non-transferable. The User bears full, unrestricted, and irrevocable responsibility for all activities, actions, omissions, or consequences arising from the use of their credentials, including any acts performed by third parties using the account, whether authorized or not, and regardless of the User’s knowledge or awareness.
10.5 The User assumes full, exclusive, and unlimited responsibility for any and all legal, financial, regulatory, administrative, or reputational consequences resulting from their conduct on the Platform, including, but not limited to, lawsuits, claims, penalties, sanctions, fines, asset freezes, investigations, audits, and enforcement actions imposed by national or international authorities, regulatory bodies, law enforcement agencies, or financial intelligence units.
11. GENERAL USER RESPONSIBILITIES
11.1The User agrees to use the Platform in strict compliance with these Terms, all applicable laws, international treaties, regulatory frameworks, cybersecurity standards, and recognized best practices of internet and technology usage, strictly refraining from any acts, direct or indirect, that may: (i) infringe upon the HOLO’s, its affiliates’, or any third party’s rights; (ii) compromise, impair, or threaten the integrity, security, confidentiality, availability, or stability of the Platform; or (iii) expose the HOLO, its partners, or affiliates to legal, financial, regulatory, or reputational risks, penalties, or liabilities.
11.2 The User acknowledges, accepts, and agrees that any violation of these Terms, in whole or in part, constitutes a severe, material, willful, and aggravated contractual breach, subject to immediate administrative and legal measures, including, but not limited to: temporary or permanent account suspension; restriction of access or functionality; asset blocking, freezing, or forfeiture of any funds, benefits, or contributions; and the immediate reporting of the User and all related data to competent legal, regulatory, and law enforcement authorities. Such measures shall be applied without prior notice and without prejudice to the HOLO’s right to seek full compensation for all damages, losses, legal fees, expert costs, administrative expenses, and attorney’s fees incurred in the protection of its rights and interests.
11.3 The User agrees to keep their registration information accurate, complete, current, and truthful at all times, and assumes full, unrestricted, and irrevocable responsibility for any damages, losses, sanctions, penalties, or liabilities arising from omissions, falsehoods, inaccuracies, or outdated information, including any actions performed by third parties using their credentials, with or without authorization, and regardless of the User’s knowledge or awaren
11.4 The User is obligated to promptly notify the HOLO, in writing, of any suspected or actual security breach, unauthorized access, misuse of their account, or significant incidents, under penalty of being held fully liable for any resulting damages, losses, penalties, or liabilities arising from the failure to report such facts in a timely manner.
11.5 Any violation of the obligations set forth in this clause shall constitute an essential, severe, and aggravated contractual breach, subjecting the User to full and unrestricted compensation for all direct, indirect, consequential, moral, reputational, and punitive damages caused to the HOLO, its partners, and affiliates, including, but not limited to, a minimum punitive fine of no less than USD 250,000 (two hundred fifty thousand United States dollars), without prejudice to the application of additional civil, criminal, and administrative sanctions, legal proceedings, and enforcement actions.
12. CAPITAL CONTRIBUTION POLICY, RETURNS, AND WITHDRAWALS
12.1 The User acknowledges, accepts, and irrevocably agrees that any monetary amounts voluntarily contributed to the Platform (“Contributed Capital”) are made of their own free will, free from coercion, undue influence, misrepresentation, or promise of results. Such contributions are non-refundable, non-recourse, and made without any guarantee of results, expectation of returns, or entitlement to profits, equity, or ownership in the HOLO. All contributions are fully and exclusively governed by these Terms.
12.2 The User expressly acknowledges that any potential returns, benefits, or credits generated by the services or products offered by the Platform are strictly variable, uncertain, and subject to inherent risks, including, but not limited to, market volatility, internal operational changes, performance fluctuations, and regulatory shifts. The HOLO does not, under any circumstances, assume or accept any contractual, legal, or fiduciary obligation to generate profits, distribute results, or ensure any form of financial return to the User.
12.3 The User may request withdrawals of accumulated amounts, strictly subject to the specific rules, limits, deadlines, thresholds, fees, and procedures established by the HOLO, which may be modified, suspended, or revoked at any time and at the sole, exclusive, and unrestricted discretion of the HOLO, for the purpose of safeguarding the financial, operational, legal, and strategic sustainability of the Platform.
12.4 Withdrawal requests that exceed the established limits, violate the applicable rules, or include the original Contributed Capital may, at the sole and exclusive discretion of the HOLO, trigger the Progress Reset mechanism, resulting in the proportional or total reduction, cancellation, or forfeiture of any previously accumulated returns, benefits, credits, or entitlements associated with the User’s account.
12.5 The User may, without prior notice or formal request, withdraw up to and including the exact percentage of monthly returns credited to their account during the applicable billing period (e.g., if the User's assigned monthly return rate is 3.5%, the User may withdraw up to 3.5% of their total balance per calendar month). This right is strictly limited to the return percentage and does not, under any circumstances, extend to the original Contributed Capital or any portion thereof. Any withdrawal request exceeding the monthly return percentage shall be treated as a withdrawal of Contributed Capital and shall be subject to the Progress Reset mechanism, the nine (9) month lockout period, applicable fees, and all other restrictions set forth in Clauses 12 and 13 of these Terms.
12.6 The monthly return percentage available for withdrawal shall be determined solely and exclusively by the HOLO, based on the User's participation tier, account standing, operational conditions, and internal policies in effect at the time of the withdrawal. The HOLO reserves the sole, exclusive, and unrestricted right to modify, adjust, suspend, or revoke the applicable return percentage at any time, without prior notice, justification, or liability, and such modifications shall take immediate effect upon implementation. The User expressly, irrevocably, and unconditionally waives any right to challenge, contest, or seek compensation for changes in the assigned return percentage.
12.7 In the event of a total withdrawal request, the User shall be subject to a mandatory nine (9) month lockout period, during which no additional returns, benefits, credits, or monetary adjustments will accrue or be distributed. Upon expiration of this period, any residual balance—subject to applicable fees and adjustments—will be transferred to a pre-authorized account designated by the User, and their account will be permanently terminated, with the irreversible deletion of all records, rights, data, contributions, and access to the HOLO’s ecosystem, without any right to reinstatement, reinstatement fees, or further claims of any nature.
13. WITHDRAWAL IMPLICATIONS AND PROGRESS RESET RULES
13.1 The User acknowledges and accepts that the Progress Reset mechanism is a material contractual clause, expressly accepted upon agreeing to these Terms, and may be applied whenever, at the discretion of the HOLO: (i) a withdrawal request exceeds the established limits; (ii) the remaining balance is deemed insufficient for account maintenance, operational sustainability, or risk management purposes; or (iii) conduct incompatible with the HOLO’s internal policies, compliance framework, or operational guidelines is identified.
13.2 The Progress Reset mechanism may result in the proportional or total reduction of accumulated returns, benefits, credits, or entitlements, resetting the User’s benefit percentages and participation status to the initial baseline level. The HOLO shall provide the User with written notice thirty (30) calendar days prior to applying the Progress Reset, specifying the reason for its application. The User may submit a written response or request for review within such period, which the HOLO shall consider in good faith before making a final determination.
13.3 The Progress Reset shall apply prospectively from the date of its application. It shall not apply retroactively to returns or benefits already credited and confirmed to the User’s account prior to the notification date.
13.4 The User acknowledges and accepts that the Progress Reset rules, together with the nine (9) month lockout period, are fundamental components of the HOLO’s ecosystem. Any disputes regarding the application of the Progress Reset shall be resolved in accordance with the dispute resolution mechanisms set forth in these Terms.
13.5 Any breach of the rules set forth in this clause shall constitute a material, willful, and aggravated violation of these Terms and may result, at the sole discretion of the HOLO and without prior notice, in the immediate suspension, blocking, or permanent termination of the User’s account, without any right to refund, indemnification, compensation, or reinstatement, in addition to the application of penalties, fines, and legal remedies as provided in these Terms and under applicable law.
14. CONTENT TRIBUTES, DISCLOSURE, AND REMOVAL POLICY
14.1 The HOLO, at its sole and exclusive discretion, may disclose, make available, or display artistic, cultural, educational, literary, musical, audiovisual, technological, or scientific content, previously published or publicly accessible by third parties, as a tribute to the historical, cultural, social, or spiritual significance of such works to humanity, without profit-driven, commercial, or competitive purposes. Such tributes are made in good faith, under the principles of freedom of expression, cultural appreciation, and non-commercial fair use.
14.2 Tribute content may be published in any area of the Platform, including, but not limited to, the official websites, Platforms Holo Heal and Holo Start, and the HOLO’s social media channels, with proper attribution of authorship, source, and origin of the works whenever reasonably possible, based on publicly available information. The HOLO does not guarantee the accuracy, completeness, or availability of such attribution.
14.3 Copyright holders or authorized representatives seeking the removal of specific content must submit a formal, signed, and dated request to the HOLO’s official email address, accompanied by clear and convincing documentary proof of ownership, legal standing, and a precise description of the work in question. The request must also include a sworn statement attesting to the truthfulness of the information provided and the claimant’s authority to act on behalf of the rights holder.
14.4 The HOLO will review such requests within a reasonable period, not exceeding thirty (30) calendar days, and may request additional documentation or clarifications as necessary to validate ownership and legal standing. Any removal, if deemed appropriate, will be carried out within a reasonable timeframe after confirmation, and shall not give rise to any right to compensation, indemnity, damages, penalties, or legal claims against the HOLO, its affiliates, or its representatives.
14.5 The HOLO is not liable for any copyright or intellectual property infringements that were not previously identified, reported, or reasonably verifiable through publicly available sources. However, the HOLO commits to act in good faith, within the limits of reasonable efforts and proportionality, to resolve any rights-related conflicts upon receiving a valid and substantiated request.
15. AMENDMENTS TO THE TERMS OF USE AND SUPPLEMENTARY POLICIES
15.1 The HOLO reserves the sole, exclusive, and unrestricted right to amend, revise, modify, or update these Terms of Use, as well as any supplementary policies, guidelines, or operational rules, at any time and for any reason, without requiring prior authorization, consultation, or consent from the Users, and without incurring any liability for such modifications.
15.2 Changes will be communicated through publication on the Platform’s official channels, including the official website, user dashboards, and/or email notifications at the HOLO’s discretion, and will take effect immediately upon publication, unless expressly stated otherwise in the announcement. The HOLO is under no obligation to provide individualized notifications to Users.
15.3 Continued access to or use of the Platform after the publication of amendments shall constitute the User’s full, irrevocable, unconditional, and binding acceptance of the new provisions. The User expressly waives any right to claim unawareness, disagreement, lack of consent, or nullity of such amendments, whether under consumer protection laws, contractual theories, or any other legal framework.
15.4 The HOLO recommends that the User periodically reviews these Terms and all supplementary policies to stay informed of the applicable conditions. The User acknowledges and accepts that it is their sole and exclusive responsibility to monitor any changes, and failure to do so does not exempt them from compliance or acceptance of the modified provisions.
15.5 Continued access to or use of the Platform after the implementation of significant changes, as determined solely by the HOLO, shall constitute the User’s express, tacit, and binding acceptance of the entirety of the Terms and all supplementary policies, regardless of formal signature, explicit consent, or separate acknowledgment. The User irrevocably waives any right to dispute, challenge, or contest the validity or applicability of such changes.
16. CANCELLATION POLICY, CONTRACT TERMINATION, AND ACCOUNT DELETION
16.1 The User may request the cancellation of their account and the termination of their contractual relationship with the Platform at any time by submitting a formal, signed, and dated request through the HOLO’s official contact channels. The User acknowledges, accepts, and irrevocably agrees that such a request will result in the immediate, automatic, and permanent forfeiture of all rights, access, benefits, returns, balances, entitlements, and privileges associated with their account, without any right to refunds, indemnities, or compensation, unless expressly provided otherwise in these Terms.
16.2 The HOLO reserves the sole, unrestricted, and unquestionable right to unilaterally terminate the contractual relationship with the User at any time, without prior notice, justification, or liability, under the following circumstances, and without prejudice to other provisions of these Terms: (i) Direct or indirect violation, breach, or non-compliance with any clause, obligation, or provision of these Terms or supplementary policies; (ii) Engagement in fraudulent, illegal, immoral, unethical, or unlawful acts under any applicable legal, regulatory, or ethical framework; (iii) Attempted or actual manipulation, sabotage, reverse engineering, unauthorized access, hacking, or interference with the Platform’s systems, content, or functionalities; (iv) Conduct deemed, at the sole and exclusive discretion of the HOLO, detrimental to the reputation, stability, security, operations, interests, or financial viability of the HOLO.
16.3 Unilateral termination by the HOLO will result automatically, immediately, and without prior notice in the suspension and permanent revocation of all access, the freezing, blocking, or forfeiture of any unredeemed values, benefits, funds, or credits, and the irreversible deletion of the User’s account, without any entitlement to refunds, indemnities, compensation, reinstatement, or restoration of access, unless expressly stated otherwise in these Terms.
16.4 Termination of the contractual relationship, by either party, does not exempt the User from any outstanding responsibilities, liabilities, obligations, debts, or penalties, which shall remain fully enforceable, and the HOLO reserves the right to take administrative, extrajudicial, and legal actions, including debt collection, asset recovery, and compensation claims for any damages or losses incurred.
16.5 The deletion of a User’s account shall be final, irreversible, and absolute. No appeals, reconsideration requests, claims of nullity, or legal challenges of any nature shall be permitted or entertained under any circumstances. Any attempt to challenge, dispute, or contest the account deletion process or its consequences shall constitute a material, willful, and aggravated breach of these Terms, subjecting the User to a minimum punitive fine of no less than USD 100,000 (one hundred thousand United States dollars), in addition to full compensation for damages, losses, legal costs, attorney’s fees, and any enforcement expenses incurred by the HOLO.
17. TECHNICAL LIMITATIONS, AVAILABILITY, AND INTERRUPTIONS
17.1 The HOLO does not guarantee the continuous, uninterrupted, or error-free availability of the Platform, which may be subject to scheduled maintenance, updates, security enhancements, operational adjustments, infrastructure upgrades, or error corrections at any time, at the sole and exclusive discretion of the HOLO. Such occurrences may result in temporary, partial, or full unavailability of services, without constituting a contractual breach, default, or failure, and without generating any entitlement to refunds, indemnities, compensations, or claims against the HOLO.
17.2 Any technical failures, slowdowns, performance degradation, instabilities, or temporary unavailability arising from external factors beyond the Platform’s control—including, but not limited to, internet connectivity issues, service provider failures, cyberattacks, distributed denial-of-service (DDoS) attacks, malware infections, force majeure events, natural disasters, governmental actions, regulatory changes, or unforeseen circumstances—do not create any liability for the HOLO. The User acknowledges and agrees that it is their sole and exclusive responsibility to adopt appropriate measures to mitigate risks, ensure data security, maintain backups, and safeguard their devices, networks, and accounts against potential threats.
17.3 The HOLO shall not be liable, under any circumstances, for financial losses, lost opportunities, moral damages, loss of data, reputational harm, lost profits, operational costs, consequential damages, indirect damages, or any other form of loss or damage, whether direct or indirect, arising from or related to temporary access interruptions, system limitations, technical failures, or service unavailability.
17.4 The User acknowledges, understands, and irrevocably agrees that the Platform is provided strictly “as is” and “as available,” without any warranties, representations, or guarantees, express or implied, of continuous, uninterrupted, or error-free performance, suitability for any specific purpose, or fitness for any particular use case.
17.5 Any complaint, claim, or notification arising from technical limitations, access interruptions, or service unavailability must be formally submitted by the User in writing within forty-eight (48) hours of the occurrence, under penalty of forfeiture, waiver, and permanent loss of the right to challenge, dispute, or seek any form of redress, without prejudice to the other disclaimers of liability set forth in these Terms.
18. INFORMATION SECURITY POLICY, SECRECY, AND CONFIDENTIALITY-
18.1 The User agrees, acknowledges, and irrevocably undertakes to maintain absolute confidentiality and strict secrecy regarding any and all information, data, technologies, methodologies, strategies, proprietary materials, intellectual property, trade secrets, and any other sensitive or non-public content accessed through the Platform, whether or not explicitly marked as confidential. Breach of this obligation shall result in immediate civil, criminal, administrative, and regulatory liability, including, but not limited to, a minimum indemnification for damages of no less than USD 500,000 (five hundred thousand United States dollars), plus full compensation for lost profits, consequential damages, moral damages, reputational harm, and all legal costs, attorney’s fees, expert witness fees, and enforcement expenses incurred by the HOLO.
18.2 The duty of confidentiality applies, without limitation, to all forms and categories of sensitive information, including, but not limited to: source code, algorithms, database structures, data models, encryption keys, business plans, operational information, commercial strategies, financial reports, forecasts, performance metrics, market analyses, user data, customer lists, partners, suppliers, collaborators, and any other tangible or intangible assets or proprietary information belonging to the HOLO.
18.3 The User acknowledges and agrees that the confidentiality and secrecy obligations established herein shall remain in full force and effect indefinitely, surviving the termination of the contractual relationship, the closure of the User’s account, or the cessation of any business relationship with the HOLO. Such obligations may only be waived or modified by a formal, written, and signed instrument issued by the HOLO’s legal representative, expressly and unequivocally stating the release of confidentiality.
18.4 The HOLO reserves the unrestricted right to pursue all necessary legal, administrative, and extrajudicial measures to protect its confidential information, trade secrets, and intellectual property, including, but not limited to: seizure of documents, devices, and data; asset freezing; injunctive relief; protective court orders; technical countermeasures; and the initiation of civil, criminal, regulatory, and administrative actions in any applicable jurisdiction. The HOLO may also notify and cooperate with competent authorities, regulatory agencies, and international enforcement bodies as necessary.
18.5 Any breach of the confidentiality and secrecy obligations by the User shall constitute a material, willful, and aggravated violation of these Terms, resulting in the automatic application of a minimum punitive fine of no less than USD 500,000 (five hundred thousand United States dollars), without prejudice to the HOLO’s right to full and unrestricted compensation for all direct, indirect, consequential, moral, reputational, and punitive damages, legal costs, administrative fees, attorney’s fees, expert witness fees, and any enforcement or recovery expenses incurred in connection with such breach.
19. RIGHT TO INDEMNIFICATION, RECOURSE, AND INTERNATIONAL ENFORCEMENT
19.1 The User agrees, acknowledges, and irrevocably undertakes to fully, unconditionally, and unlimitedly indemnify, defend, and hold harmless the HOLO, its partners, administrators, directors, employees, affiliates, suppliers, agents, and successors from and against any and all damages, losses, costs, expenses, fines, penalties, legal fees, administrative charges, and any other liabilities or burdens, whether direct or indirect, arising from or related to: (i) Breach of these Terms, supplementary policies, or any applicable legal, regulatory, or contractual obligations; (ii) Engagement in fraudulent, unlawful, deceptive, or illegal acts or omissions; (iii) Actions or omissions creating legal, tax, regulatory, or reputational liabilities for the HOLO; (iv) Any acts, omissions, or conduct causing harm, prejudice, or damage to the HOLO’s reputation, operations, technology, brand, intellectual property, or asset structure.
19.2 The User’s indemnification obligation is unlimited, joint and several, and solidary, extending fully to all directly or indirectly responsible parties, including, but not limited to, heirs, successors, legal representatives, controllers, managers, agents, and any third parties acting on the User’s behalf or in concert with the User. The HOLO expressly reserves the right to pursue recourse actions against third parties contributing to, facilitating, or participating in the damage, without prejudice to other legal remedies available.
19.3 The HOLO may, at its sole, exclusive, and unrestricted discretion, engage specialized services, firms, and professionals in debt collection, international law, forensic auditing, asset tracing, financial investigations, and cross-border enforcement to recover any amounts owed or to identify, locate, and secure assets. The HOLO may also initiate legal, criminal, arbitration, or administrative proceedings in any applicable jurisdiction, including, but not limited to, asset freezing, account seizures, property liens, injunctive relief, and any other precautionary or coercive measures deemed appropriate.
19.4 The User acknowledges, accepts, and irrevocably agrees that the obligation to indemnify, compensate, and reimburse the HOLO, its affiliates, or partners shall survive account closure, contract termination, or cessation of the business relationship, and shall remain fully valid, enforceable, and executable at any time, regardless of the date of the triggering event or the lapse of time.
19.5 Any refusal, delay, or default in fulfilling indemnification obligations shall subject the User to a late penalty fee of 1% (one percent) per month, calculated pro rata die, plus monetary adjustments according to the official inflation index applicable to the jurisdiction of the HOLO’s headquarters, in addition to reasonable legal charges and attorney’s fees. The imposition of such penalties shall not preclude the HOLO’s right to pursue legal actions and any other remedies available under applicable law.
20. JURISDICTION, GOVERNING LAW, AND WAIVER OF RIGHTS
20.1 These Terms shall be interpreted, applied, and enforced in accordance with the laws of the State of New York, United States of America. The HOLO, at its sole, exclusive, and unrestricted discretion, may extend or designate additional or alternative jurisdictions for the application of these Terms, including, but not limited to, the United Arab Emirates (RAK/Dubai) and any other international jurisdictions deemed appropriate for its operations, governance, or legal strategy.
20.2 The exclusive forum for resolving any and all disputes, controversies, claims, or proceedings arising directly or indirectly from these Terms shall be the courts of New York County, State of New York, United States of America. The User expressly, voluntarily, irrevocably, and unconditionally waives any right to invoke, claim, or assert any other forum, venue, or jurisdiction, no matter how privileged or convenient it may be, without prejudice to the HOLO’s sole and unrestricted right to initiate actions, enforcement measures, or legal proceedings in any jurisdiction it deems appropriate, including courts of other countries, arbitration forums, or administrative bodies.
20.3 To the maximum extent permitted by applicable law, the User agrees to resolve disputes on an individual basis and waives any right to initiate or participate in class actions or collective claims. This waiver shall not apply where prohibited by mandatory consumer protection laws in the User’s jurisdiction of residence.
20.4 The User acknowledges and accepts that these Terms are designed to be fair, proportional, and balanced for the HOLO’s global operations. Nothing in these Terms shall be construed to limit or waive any mandatory consumer protection rights granted to the User by the laws of their jurisdiction of residence, including but not limited to rights under the Brazilian Consumer Defense Code (CDC), the European Union consumer protection directives, or any other applicable consumer protection legislation.
20.5 If any provision, clause, or section of these Terms is deemed invalid, void, or unenforceable, in whole or in part, by a competent authority, such invalidity shall not affect the validity and enforceability of the remaining provisions, which shall remain in full force and effect. The text shall be interpreted in the manner most favorable to the HOLO’s interests, rights, and legal protections, and the invalid clause shall be replaced by one that best preserves the original intent and economic purpose of the provision.
21. INTERNAL TRANSFERS, CREDITS USAGE, AND ECOSYSTEM OPERATIONS
21.1 The HOLO may, at its sole, exclusive, and unrestricted discretion, allow the transfer of credits, points, balances, or benefits between Users registered on the Platform, subject to specific rules, operational limits, restrictions, procedures, applicable fees, and conditions established in supplementary documents, operational guidelines, or internal regulations, which shall be deemed fully incorporated into these Terms and have full legal effect for all purposes.
21.2The User acknowledges, accepts, and irrevocably agrees that any credits, points, or balances within the Platform: (i) Do not possess guaranteed monetary value; (ii) Do not constitute financial instruments, securities, regulated assets, or autonomous patrimonial rights; (iii) Are exclusively internal, virtual, and operational instruments created, issued, and controlled solely by the HOLO; and (iv) Exist solely to facilitate interactions, rewards, or incentives within the services offered by the Platform, without any promise, expectation, or entitlement to conversion, withdrawal, or external use.
21.3 It is strictly and expressly prohibited to use credits, points, or balances for any of the following purposes: (i) Illegal, unlawful, or fraudulent activities; (ii) Money laundering, terrorist financing, asset concealment, or circumvention of anti-financial crime regulations; (iii) Transactions intended to evade, bypass, or circumvent the HOLO’s internal policies, operational restrictions, withdrawal rules, or compliance controls; (iv) Negotiation, trade, sale, exchange, or transfer in parallel markets, external platforms, or between third parties outside the official and authorized HOLO environment.
21.4 Any violation of the transfer rules or misuse of credits shall, at the sole and unrestricted discretion of the HOLO, result in the immediate nullification and cancellation of the transaction(s), freezing, blocking, or forfeiture of the involved values or benefits, permanent suspension or deletion of the User’s account, and immediate reporting to competent authorities, regulatory bodies, financial intelligence units, and anti-financial crime agencies, in any applicable jurisdiction, without prejudice to the HOLO’s right to seek legal remedies, compensation, and penalties as provided under these Terms and applicable law.
21.5 The User expressly, irrevocably, and unconditionally waives any right, claim, or entitlement to reimbursement, refund, compensation, indemnification, or redress for any losses, damages, or expectations arising from changes, modifications, freezes, adjustments, cancellations, or restrictions applied to internal credit operations, acknowledging and accepting that such resources are a mere temporary, revocable, and discretionary concession by the HOLO, without any guarantee of permanence, continuity, or intrinsic value, and that the User assumes all risks related to the use and management of such credits.
22. PUBLIC DISPLAY, TRIBUTES, AND NON-COMMERCIAL USE OF CONTENT
22.1 The HOLO, at its sole, exclusive, and unrestricted discretion, may make available, share, display, or publish previously existing content, including, but not limited to, books, music, videos, frequencies, texts, images, audiovisual materials, artistic works, scientific content, and other cultural or intellectual works, as a tribute to their historical, social, cultural, or scientific significance to humanity. Such use is strictly non-commercial, without direct profit objectives, and solely for the purpose of promoting culture, knowledge, education, and collective benefit.
22.2 The display of such content may occur on any of the HOLO’s platforms, websites, pages, applications, social media channels, or institutional outlets, with proper attribution of authorship, source, and origin whenever such information is reasonably available. The HOLO undertakes to respect the moral integrity of the works, but makes no warranty regarding the accuracy, completeness, or availability of attribution data.
22.3 Any copyright holder or authorized representative who wishes to request the removal of specific content must submit a formal, signed, and dated request to the HOLO’s official email address, accompanied by clear, detailed, and convincing proof of ownership, legal standing, and a precise description of the work in question. Failure to provide adequate documentation or to comply with these requirements will result in the automatic rejection of the request.
22.4 If a valid request is confirmed and ownership is duly verified, the HOLO will proceed with the removal of the content within a reasonable timeframe, without such removal entitling the requester or any third party to compensation, indemnity, financial restitution, damages, penalties, or legal claims of any nature against the HOLO, its affiliates, partners, or representatives.
22.5 The HOLO expressly disclaims any responsibility or liability for unintentional, incidental, or non-deliberate copyright infringements that were not previously identified or reasonably discoverable. However, the HOLO commits to acting diligently, transparently, and in good faith to address and resolve any rights-related disputes that arise, in accordance with the principles of reasonableness, proportionality, and compliance with applicable law.
23. PERSONAL DATA POLICY, PRIVACY, AND INFORMATION USAGE
23.1 The HOLO collects, processes, stores, transfers, and uses Users’ personal data in strict compliance with these Terms, applicable legislation, including but not limited to the General Data Protection Regulation (GDPR), the Brazilian General Data Protection Law (LGPD), the California Consumer Privacy Act (CCPA), and other relevant international standards, as applicable. The User acknowledges and agrees that data processing is an essential condition for the provision of services and functionalities by the HOLO.
23.2 The purposes of data processing include, but are not limited to: (i) User identification, authentication, and account management; (ii) Transaction, contribution, and withdrawal processing; (iii) Personalization and optimization of the Platform experience; (iv) Compliance with legal, regulatory, contractual, and operational obligations; (v) Fraud prevention, anti-money laundering (AML) compliance, financial crime detection, and cybercrime mitigation; (vi) Security monitoring, incident response, and system protection; (vii) Continuous development, improvement, and enhancement of the HOLO’s services, systems, and features.
23.3 The HOLO does not sell, rent, or commercially exploit personal data to third parties. However, the HOLO may share data with strategic partners, service providers, payment processors, regulatory authorities, public agencies, legal counsel, auditors, and other third parties, as necessary to enable operations, ensure compliance with legal and regulatory obligations, or respond to formal requests, subpoenas, or lawful orders issued by competent authorities, in any applicable jurisdiction.
23.4 The User may exercise their rights to access, rectify, update, correct, delete, restrict, or port their personal data, in accordance with applicable laws, by submitting a formal, signed, and dated request through the HOLO’s official channels. Such requests are subject to identity verification procedures, applicable legal deadlines, and the HOLO’s internal compliance protocols.
23.5 The HOLO employs state-of-the-art technologies and best practices for data protection, including advanced encryption, firewalls, intrusion detection systems, two-factor authentication (2FA), tokenization, anonymization techniques, and regular security audits. The HOLO commits to its best efforts to protect stored information but expressly disclaims any liability for breaches, leaks, losses, or damages arising from external factors, cyberattacks, force majeure events, acts of God, regulatory interventions, third-party actions, or unforeseen circumstances beyond the HOLO’s reasonable control.
24. COOKIES, TRACKING TECHNOLOGIES, AND DIGITAL CONSENT
24.1 The Platform may utilize cookies, tags, pixels, beacons, scripts, trackers, anonymous identifiers, access logs, and other tracking technologies, whether proprietary or provided by third parties, for purposes including, but not limited to: traffic monitoring, usage analysis, session management, content personalization, service improvement, operational optimization, system security, and targeted advertising.
24.2 By accessing the Platform, the User expressly, voluntarily, knowingly, and unconditionally agrees and consents to the use of such technologies for the stated purposes. The User may configure privacy settings in their browser or operating system to limit or block the use of certain tracking tools; however, the User acknowledges and accepts that such restrictions may partially or completely impair the functionality, performance, or availability of the Platform’s services.
24.3 Data and information collected through cookies and tracking technologies may be shared with strategic partners, analytics service providers, marketing platforms, advertising networks, and technological vendors, strictly for the purposes outlined herein, and in accordance with applicable legal, regulatory, and contractual obligations.
24.4 The storage, retention, and processing of cookies and trackers shall comply with applicable legal requirements, retention periods, and industry best practices. Data collected will be automatically deleted, anonymized, or aggregated once the specific purpose for its collection has been fulfilled, unless longer retention is required to comply with legal, regulatory, or contractual obligations.
24.5 The User acknowledges, agrees, and irrevocably confirms that the digital consent provided by accessing or using the Platform constitutes valid, effective, lawful, and binding acceptance for all legal purposes, serving as conclusive evidence of the User’s express agreement to the collection, use, and processing of data through cookies, trackers, and related technologies, without the need for further notices, confirmations, or opt-in prompts.
25. PAYMENT PROCESSING, CHARGES, AND FINANCIAL OPERATIONS
25.1 Financial transactions on the Platform, including, but not limited to, contributions, withdrawals, service payments, credit transfers, and related financial activities, may be processed, in whole or in part, by third-party partners of the HOLO, including financial institutions, payment processors, blockchain networks, custodians, liquidity providers, and specialized service providers, as deemed necessary by the HOLO for operational, compliance, or strategic purposes.
25.2 The HOLO shall not be liable, under any circumstances, for delays, failures, errors, refusals, suspensions, interruptions, unavailability, or operational limitations in payment, transfer, or financial services provided by third-party institutions or networks. The User acknowledges and agrees that any clarifications, resolutions, or claims related to such services must be addressed directly with the responsible third-party provider, without involving the HOLO.
25.3 Any fees, operational costs, taxes, charges, processing fees, transaction costs, currency conversion fees, or additional amounts arising from the use of financial services or the Platform are the sole, exclusive, and non-transferable responsibility of the User. The User expressly, irrevocably, and unconditionally waives any right, claim, or entitlement to reimbursement, refund, indemnification, or compensation for any changes in values, fees, taxes, or payment conditions, whether caused by market fluctuations, legal changes, or decisions of the HOLO.
25.4 The HOLO reserves the sole, exclusive, and unrestricted right to refuse, suspend, reverse, or cancel any financial transaction, at any time and without prior notice, that presents, at the HOLO’s sole discretion, indications of fraud, money laundering, terrorist financing, financial crime, irregularities, registration inconsistencies, or any element that may pose a risk to the integrity, compliance, security, or sustainability of the Platform’s ecosystem.
25.5 The User acknowledges, accepts, and irrevocably agrees that all contributed amounts, returns, credits, or financial movements within the Platform are processed exclusively according to the HOLO’s internal rules, policies, and procedures, which may be amended at any time at the HOLO’s sole discretion. The HOLO makes no guarantees, representations, or warranties of results, profitability, success, or return of any amounts contributed, and all financial operations are undertaken at the User’s sole and exclusive risk, with full understanding of the inherent uncertainties and volatilities of the market.
26. TRANSACTION SECURITY, AUTHENTICATION, AND IDENTITY VERIFICATION
26.1 The HOLO implements state-of-the-art security measures, protocols, and best practices to ensure the integrity, confidentiality, authenticity, and traceability of all transactions conducted on the Platform, including, but not limited to: end-to-end encryption, multi-factor authentication (MFA), biometric verification, tokenization, continuous activity monitoring, anomaly detection systems, and periodic compliance and security audits.
26.2 As a mandatory condition for conducting or authorizing any financial transaction on the Platform, the User may, at any time and at the sole and exclusive discretion of the HOLO, be subject to identity verification procedures, including, but not limited to: submission of official identification documents, proof of residence, tax identification numbers, source of funds declarations, beneficiary ownership declarations, financial statements, and biometric or digital authentication. The User expressly acknowledges and agrees that such procedures are essential for compliance, risk mitigation, and fraud prevention, and do not constitute abuse of rights, unlawful constraint, privacy violation, or discriminatory practice.
26.3 The HOLO reserves the sole, exclusive, and unrestricted right to refuse, suspend, reverse, cancel, or withhold any transaction, payment, withdrawal, or transfer, without prior notice and without incurring any liability, if there is any suspicion, indication, or confirmation of irregularity, registration inconsistency, fraud, misuse, account compromise, attempt to bypass Platform rules, or non-compliance with legal, regulatory, or anti-financial crime requirements.
26.4 The User expressly acknowledges, accepts, and agrees that failure, refusal, or delay in providing requested information, documents, or clarifications for identity validation, compliance, due diligence, or fraud prevention purposes may result, at the HOLO’s sole and unrestricted discretion, in: (i) Temporary or permanent account suspension; (ii) Immediate freezing, blocking, or forfeiture of any funds, credits, or assets associated with the account; (iii) Immediate reporting to competent authorities, including, but not limited to, anti-money laundering (AML) units, counter-terrorism financing (CTF) agencies, cybercrime task forces, regulatory bodies, and law enforcement entities in any applicable jurisdiction.
26.5 The HOLO shall not, under any circumstances, be liable for losses, damages, harms, or operational delays arising from or related to verification procedures, compliance checks, third-party actions, external fraud attempts, cyberattacks, security breaches, regulatory interventions, or force majeure events. The User is solely, exclusively, and unconditionally responsible for implementing and maintaining adequate protective measures for their credentials, passwords, authentication devices, accounts, systems, and personal security, including the use of strong passwords, device encryption, anti-malware software, and security updates.
27. USE OF TRIBUTE CONTENTS, LIMITATIONS, AND LIABILITY WAIVER
27.1 The contents made available on Platforms Holo Heal, Holo Start, and other institutional environments of the HOLO—including, but not limited to, books, music, videos, texts, frequencies, digital files, artistic expressions, and other cultural, educational, or scientific works—are published exclusively as tributes to the historical, scientific, social, cultural, or artistic significance of the authors or works for humanity. Such publication is strictly non-commercial, with no direct or indirect profit-making intent, no economic exploitation, and no creation of rights, entitlements, or expectations of financial gain for any party.
27.2 The HOLO does not claim copyright, ownership, or proprietary rights over tribute works and fully respects the intellectual property rights of their respective authors and creators. However, the HOLO reserves the sole, exclusive, and unrestricted right to display, share, publish, or exhibit such contents in its digital environments, including but not limited to websites, applications, social media profiles, and educational platforms, as public recognition and non-commercial acknowledgment, unless a formal removal request is submitted and validated by the HOLO, pursuant to Clause 27.4.
27.3 Users and third parties accessing tribute content expressly acknowledge, accept, and agree that they do so entirely at their own risk. It is strictly prohibited to download, copy, reproduce, redistribute, sell, resell, sublicense, modify, adapt, incorporate into derivative works, or otherwise use tribute content for commercial, promotional, or unauthorized purposes, under penalty of civil and criminal liability, contractual penalties under these Terms, and immediate termination of access to the Platform.
27.4 If a rights holder or authorized representative wishes to request the removal of a specific tribute work, they must submit a formal, signed, and dated request to the HOLO’s official email address, accompanied by clear, detailed, and verifiable proof of ownership, authorship, or legal standing. The HOLO will review the request within thirty (30) calendar days and, if validated, will process the removal within a reasonable timeframe. The removal shall not entitle the requester to any form of compensation, indemnification, damages, or legal claims against the HOLO, its affiliates, or representatives.
27.5 The HOLO expressly disclaims any and all responsibility or liability for unauthorized interpretations, third-party misuse, or non-permitted applications of tribute content by Users or external parties. Users are solely, exclusively, and unconditionally responsible for any improper use, irregular sharing, or infringement of third-party rights, including civil, criminal, regulatory, and contractual liabilities, without prejudice to the HOLO’s right to pursue damages and legal remedies.
28. TERMS AMENDMENTS, SUPPLEMENTARY POLICIES, AND NOTIFICATIONS
28.1 The HOLO reserves the sole, exclusive, and unrestricted right, at its sole discretion and without prior notice or consent, to modify, update, revise, replace, or supplement these Terms of Use at any time, as well as to create, implement, and enforce supplementary policies, internal regulations, operational guidelines, compliance manuals, or addenda, all of which shall be deemed fully incorporated into and an integral part of these Terms for all legal purposes and shall have the same binding effect.
28.2 Any changes, updates, or new documents shall become effective immediately upon publication on the HOLO’s official channels, including but not limited to the website, user account area, communication portals, or digital platforms. Continued access to, interaction with, or use of the Platform by the User after such publication shall constitute full, irrevocable, unconditional, and binding acceptance of the revised Terms and supplementary policies, regardless of formal signature, explicit consent, or separate acknowledgment.
28.3 The HOLO is under no obligation to issue individual, personalized, or direct notifications regarding amendments to these Terms, supplementary policies, or operational guidelines. The User is solely, exclusively, and unconditionally responsible for monitoring, reviewing, and remaining informed of all updates, and continued use of the Platform implies presumed knowledge, full understanding, and express acceptance of the current version of the Terms.
28.4 Any omission, delay, tolerance, or non-enforcement by the HOLO regarding isolated or occasional breaches of these Terms shall not constitute waiver, novation, modification, or limitation of any rights, nor shall it prejudice the HOLO’s right to enforce strict compliance at any time, with full legal force and retroactive effect, as permitted by applicable law.
28.5 The provisions of these Terms are independent, severable, and autonomous. If any clause, section, or provision is deemed invalid, unlawful, or unenforceable by a competent authority, such invalidity shall not affect the validity, legality, or enforceability of the remaining clauses, which shall remain in full force and effect. The text shall be interpreted in the manner most favorable to the HOLO’s interests and the preservation of the original intent of the provisions.
29. GOVERNING LAW, EXCLUSIVE JURISDICTION, AND INTERNATIONAL ENFORCEMENT
29.1 These Terms shall be governed, interpreted, applied, and enforced in accordance with the laws of the State of New York, United States of America. The HOLO, at its sole, exclusive, and unrestricted discretion, may extend or designate additional or alternative jurisdictions for the application and enforcement of these Terms, including, but not limited to, the United Arab Emirates (RAK/Dubai) and any other jurisdiction where the HOLO, its holding, trust, or affiliated entities are established, incorporated, or operational.
29.2 The exclusive forum for resolving any and all disputes, claims, demands, controversies, or proceedings arising from, related to, or connected with these Terms, their interpretation, application, or enforcement, shall be the state and federal courts located in New York County, State of New York, United States of America. The parties expressly, voluntarily, irrevocably, and unconditionally waive any right to invoke, claim, or assert any other forum, venue, or jurisdiction, regardless of how privileged, strategic, or convenient it may be.
29.3 The HOLO reserves the sole, unrestricted, and discretionary right to initiate legal actions, injunctive measures, enforcement proceedings, debt collections, or asset recovery actions in any jurisdiction where the User holds, possesses, or controls assets, conducts activities, or is identified as a jointly or subsidiarily liable party, without such choice of forum or venue constituting a waiver, limitation, or restriction of the exclusive jurisdiction elected herein.
29.4 The User expressly, irrevocably, and unconditionally waives any and all rights to challenge, contest, or claim the nullity, revision, amendment, or mitigation of these Terms based on public policy, consumer protection laws, abuse of economic power, contractual imbalance, or any other legal, regulatory, doctrinal, or jurisprudential theory, recognizing and accepting the full validity, enforceability, and binding legal effect of this instrument in all jurisdictions, including cross-border and international contexts.
29.5 The enforcement of obligations, debt collection, penalty application, or asset recovery arising from these Terms may be carried out through any and all legally permissible means, including but not limited to: legal action, arbitration, mediation, direct negotiation, extrajudicial enforcement, asset freezing, account blocking, garnishment, lien, protest, injunctive relief, or other precautionary or coercive measures. The User shall be solely and exclusively responsible for all costs, expenses, legal fees, administrative charges, enforcement costs, expert witness fees, and any other amounts incurred in connection with such enforcement actions.
30. ACCEPTANCE, COMMITMENT, AND WAIVER OF RIGHTS-
30.1 By accessing, using, or interacting with any functionality, service, content, or feature of the Platform, the User declares, under penalty of law, that they have carefully read, fully understood, consciously accepted, and irrevocably and unconditionally agreed to all clauses, terms, conditions, obligations, disclaimers, limitations, penalties, and provisions set forth in these Terms. The User further acknowledges that such acceptance constitutes a legally binding, enforceable, and irrevocable commitment, fully and unconditionally obligating themselves to the strict observance of these Terms, without exceptions, reservations, or future objections.
30.2 The User expressly, knowingly, and voluntarily acknowledges that these Terms have been drafted in a clear, precise, transparent, objective, proportionate, fair, and reasonable manner, and irrevocably waives any present or future claims of unawareness, misunderstanding, error, surprise, duress, consent defect, ambiguity, abusiveness, or any legal argument seeking to mitigate, limit, challenge, or nullify the full validity, enforceability, or binding effect of these Terms.
30.3 The User expressly, voluntarily, irrevocably, and unconditionally waives any and all rights to contest, review, modify, revise, revoke, terminate, cancel, or unilaterally withdraw from these Terms, in whole or in part, except as expressly provided by applicable law or with the HOLO’s prior, express, and written consent.
30.4 These Terms constitute the complete, comprehensive, integrated, and final agreement between the parties, superseding and replacing any and all previous understandings, proposals, offers, communications, or negotiations, whether verbal, written, express, implied, formal, informal, or tacit, regarding the matters addressed herein. No other document, correspondence, or communication, unless formally executed in writing by the HOLO’s authorized representative, shall modify, supplement, or supersede these Terms.
30.5 The User’s obligations, commitments, and acceptance under these Terms shall remain fully valid, effective, and enforceable regardless of any changes in circumstances, legal developments, regulatory amendments, technological innovations, corporate restructuring of the HOLO, Platform evolution, or the introduction of new features, products, or services, and shall survive the termination of the contractual relationship for as long as necessary to ensure full compliance and protection of the HOLO’s rights, interests, and operations.
31. ASSET PROTECTION, SUCCESSION, AND TRANSFER OF USER FINANCIAL ASSETS
31.1 The HOLO expressly declares and the User expressly acknowledges that no fiduciary, associative, partnership, joint venture, agency, trust, or any other relationship of legal, contractual, or fiduciary nature exists between the HOLO and the User. The User is solely and exclusively a client, consumer, or participant of the services, products, or content made available on the Platform, without any entitlement to proprietary, equity, or partnership rights within the HOLO’s structure.
31.2 It is strictly, irrevocably, and unconditionally prohibited to assign, transfer, inherit, succeed, or transmit any rights, values, benefits, credits, or financial assets of the User to third parties, whether due to death, incapacity, disability, dissolution, bankruptcy, judicial recovery, insolvency, legal incapacity, or any other reason, except if, and only if, the User has, while alive, previously designated, authorized, and formally registered such transfer with the HOLO, through a specific, signed, dated, notarized, and HOLO-accepted document, at the HOLO’s sole, exclusive, and discretionary acceptance, and without any legal obligation for the HOLO to approve such designation.
31.3 The HOLO reserves the absolute, irrevocable, and unappealable right to accept, refuse, condition, or reject any request for transfer, inheritance, or succession of financial assets, credits, or benefits associated with a User’s account, including in cases of death, succession, or incapacitation. No future claims of inheritance rights, legitimate succession, compulsory heirship, or automatic transmission of rights, benefits, or credits shall be permitted or recognized, and any attempt to invoke such rights without the HOLO’s prior, formal, express, and written consent shall be deemed null, void, and legally ineffective.
31.4 The User expressly, irrevocably, and unconditionally acknowledges and accepts that, in the absence of express, prior, and formal authorization by the HOLO for transfer to a duly registered and validated heir, all financial assets, credits, benefits, returns, and any accumulated rights associated with their account are deemed non-transferable, non-inheritable, non-assignable, and non-recoverable, and shall be subject to immediate blocking, cancellation, or reallocation to purposes determined by the HOLO at its sole and unrestricted discretion, without such actions giving rise to any right to restitution, indemnification, compensation, or legal claim by heirs, successors, or third parties.
31.5 The provisions of this clause shall be interpreted and applied in accordance with applicable local laws regarding inheritance, succession, and estate transmission. In the event of any conflict between these Terms and mandatory provisions of applicable inheritance or succession law, such mandatory provisions shall prevail. The HOLO encourages all Users to designate beneficiaries through the Platform to facilitate an orderly transfer process in compliance with applicable law.
32. MANDATORY ARBITRATION AND INTERNATIONAL ENFORCEMENT
32.1 Any and all disputes, controversies, claims, or disagreements arising out of, relating to, or in connection with these Terms, their interpretation, validity, enforceability, performance, breach, or termination, including any question regarding the existence, scope, or applicability of this arbitration clause, shall be exclusively and finally resolved by binding arbitration administered by the International Chamber of Commerce (ICC) under the ICC Rules of Arbitration in effect at the time of filing, with the seat of arbitration in New York, New York, United States of America.
32.2 The arbitration shall be conducted in English by a sole arbitrator appointed in accordance with the ICC Rules. The arbitrator shall have exclusive authority to determine the scope and enforceability of this arbitration clause. The arbitral award shall be final, binding, conclusive, and non-appealable, and judgment upon such award may be entered, confirmed, and enforced in any court of competent jurisdiction worldwide, including but not limited to courts in the United States, the European Union, the United Kingdom, the United Arab Emirates, Brazil, and any other jurisdiction where the User or their assets may be located.
32.3 The User expressly, irrevocably, and unconditionally acknowledges and agrees that the arbitral award shall be enforceable under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention, 1958), and the User irrevocably waives any right to challenge, resist, appeal, or contest the enforcement of such award in any jurisdiction on any grounds, including but not limited to public policy, procedural irregularity, or jurisdictional arguments.
32.4 The User shall bear all costs, fees, and expenses associated with the arbitration, including but not limited to the ICC administrative fees, the arbitrator's fees and expenses, the HOLO's legal fees, attorney's fees, expert witness fees, and any travel or logistical expenses, unless the arbitrator determines otherwise in the final award. In no event shall the HOLO be required to advance or bear any portion of the User's costs or fees.
32.5 Notwithstanding this arbitration clause, the HOLO reserves the sole, exclusive, and unrestricted right to seek injunctive relief, temporary restraining orders, provisional measures, asset freezing orders, or any other urgent or conservatory measures from any court of competent jurisdiction, without first resorting to arbitration, and without such actions constituting a waiver, modification, or limitation of this arbitration clause or any other provision of these Terms.
32.6 Notwithstanding the default seat of arbitration in New York, the HOLO reserves the sole, exclusive, and unrestricted right, at its absolute discretion, to elect the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules as the administering institution and Hong Kong as the seat of arbitration for any dispute, claim, or proceeding involving, directly or indirectly: (i) parties domiciled, incorporated, or operating in the People's Republic of China, including Hong Kong SAR and Macau SAR; (ii) parties domiciled, incorporated, or operating in any jurisdiction within the Asia-Pacific region; (iii) assets, operations, or interests located in or connected to the People's Republic of China or the Asia-Pacific region; or (iv) any circumstance in which the HOLO determines, at its sole discretion, that arbitration in Hong Kong would better serve the enforcement, execution, or protection of its rights. The arbitral award rendered under HKIAC Rules shall be final, binding, and enforceable under the Arrangement Concerning Mutual Enforcement of Arbitral Awards Between the Mainland and the Hong Kong Special Administrative Region (2000), the New York Convention (1958), and all applicable bilateral and multilateral treaties. This provision does not limit, restrict, or waive the HOLO's right to pursue parallel or alternative proceedings under Clause 32.5 or any other provision of these Terms.
33. LIQUIDATED DAMAGES AND ESCALATED PENALTY SCHEDULE
33.1 The User expressly, irrevocably, and unconditionally acknowledges and agrees that the damages resulting from breaches of these Terms are difficult or impossible to quantify with precision at the time of contracting, and that the following liquidated damages represent a fair, reasonable, and proportionate pre-estimate of the HOLO's anticipated losses, and do not constitute a penalty, fine, or punitive measure.
33.2 The following escalated schedule of liquidated damages shall apply automatically, without the need for prior notice, proof of actual loss, or judicial intervention:
- Category A — Minor Violations (including but not limited to: failure to update registration information, delayed response to verification requests, passive non-compliance with operational guidelines): USD 5,000 (five thousand United States dollars) per occurrence;
- Category B — Material Violations (including but not limited to: unauthorized disclosure of confidential information, breach of data protection obligations, misuse of Platform credentials or resources, violation of transfer or withdrawal rules): USD 25,000 (twenty-five thousand United States dollars) per occurrence;
- Category C — Severe and Aggravated Violations (including but not limited to: intellectual property infringement, hacking or unauthorized access attempts, reverse engineering, fraud, money laundering, or defamation of the HOLO): USD 50,000 (fifty thousand United States dollars) per occurrence;
- Category D — Catastrophic or Systemic Violations (including but not limited to: coordinated attacks on the Platform's infrastructure, mass data theft or exfiltration, deliberate sabotage, terrorist financing or sanctions evasion): USD 250,000 (two hundred fifty thousand United States dollars) per occurrence, plus full compensation for all actual, consequential, moral, and reputational damages.
33.3 The foregoing liquidated damages are cumulative, not alternative, and shall apply in addition to, not in substitution for, any other remedies, penalties, indemnification obligations, or enforcement measures available to the HOLO under these Terms, applicable law, or equity. Multiple violations occurring in connection with the same or related events shall each constitute a separate and independent occurrence for purposes of calculating liquidated damages.
33.4 The User expressly, irrevocably, and unconditionally waives any right to challenge, contest, reduce, mitigate, or seek judicial or arbitral review of the liquidated damages amounts set forth herein, whether on grounds of excessiveness, disproportionality, lack of proof of actual damages, or any other legal, equitable, or doctrinal theory. The User acknowledges that these amounts have been freely negotiated, voluntarily accepted, and represent a genuine and reasonable estimate of the HOLO's anticipated losses.
33.5 All liquidated damages shall become due and payable upon written notice to the User specifying the violation, and shall accrue interest at the rate of 1% (one percent) per month, calculated pro rata die, from the date of notification until full and final payment, in addition to reasonable legal fees and enforcement costs.
34. WAIVER OF JURY TRIAL
34.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE USER AND THE HOLO EACH EXPRESSLY, IRREVOCABLY, KNOWINGLY, VOLUNTARILY, AND UNCONDITIONALLY WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, CLAIM, COUNTERCLAIM, OR DISPUTE OF ANY KIND ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS, THE PLATFORM, OR THE RELATIONSHIP BETWEEN THE PARTIES, WHETHER BASED IN CONTRACT, TORT, STATUTE, EQUITY, OR ANY OTHER LEGAL THEORY.
34.2 The User acknowledges and agrees that this waiver of jury trial is a material, essential, and fundamental inducement for the HOLO to enter into the contractual relationship governed by these Terms, and that the HOLO would not have agreed to provide access to the Platform or its services absent this waiver. The User further acknowledges that this waiver has been freely, knowingly, and voluntarily given, with full understanding of its legal significance, consequences, and implications.
34.3 In the event that any dispute, claim, or proceeding is brought before a court of competent jurisdiction, such matter shall be adjudicated exclusively by a judge sitting without a jury (bench trial). The User expressly, irrevocably, and unconditionally consents to the adjudication of all matters by a judge alone and waives any right to request, demand, or insist upon a jury trial, regardless of the nature, amount, or complexity of the claims involved.
34.4 This waiver shall apply to all present and future disputes, claims, and proceedings between the parties, including those arising after the termination of the contractual relationship, the closure of the User's account, or the cessation of any business dealings with the HOLO, and shall survive indefinitely, without limitation of time, scope, or applicability.
34.5 The User acknowledges that they have had the opportunity to consult independent legal counsel regarding the legal effect of this waiver and have chosen to accept it of their own free will. No claim of unawareness, misunderstanding, lack of legal representation, or insufficient legal capacity shall be grounds for challenging or invalidating this waiver.
35. ANTI-DISPARAGEMENT AND REPUTATION PROTECTION
35.1 The User expressly, irrevocably, and unconditionally agrees not to make, publish, post, share, distribute, broadcast, or otherwise disseminate—directly or indirectly, publicly or privately, orally, in writing, or through any digital, electronic, or technological medium—any statements, comments, reviews, publications, messages, content, or communications that are defamatory, disparaging, derogatory, misleading, false, harmful, or damaging to the HOLO, its affiliates, partners, administrators, directors, employees, agents, representatives, products, services, technologies, reputation, brand, business operations, or commercial interests.
35.2 This prohibition extends to, without limitation, all forms of expression and communication, including but not limited to: social media posts, blog entries, forum discussions, product reviews, comments on third-party websites or platforms, podcasts, videos, interviews, and press releases. Nothing in this clause shall prevent or discourage the User from filing complaints with regulatory agencies, governmental bodies, or law enforcement authorities, or from cooperating with any governmental investigation or inquiry.
35.3 Any violation of this anti-disparagement clause shall constitute a Category C — Severe and Aggravated Violation under the liquidated damages schedule set forth in Clause 33.2, entitling the HOLO to an automatic liquidated damages payment of USD 500,000 (five hundred thousand United States dollars) per occurrence, in addition to full compensation for all actual, consequential, moral, reputational, and punitive damages, legal fees, and enforcement costs.
35.4 In addition to the remedies set forth above, the HOLO reserves the sole, exclusive, and unrestricted right to: (i) demand the immediate removal, retraction, correction, or deletion of any disparaging content; (ii) seek emergency injunctive relief, temporary restraining orders, or court-ordered takedowns from any court of competent jurisdiction, without prior notice to the User; (iii) permanently suspend, block, or terminate the User's account and forfeit all associated funds, credits, benefits, or entitlements; and (iv) report the User to relevant authorities, regulatory agencies, and platform operators for the enforcement of applicable defamation, cybercrime, and content moderation laws.
35.5 The obligations of this clause shall survive the termination, expiration, or cancellation of the contractual relationship for a period of two (2) years, and shall apply to statements, communications, or publications containing false, defamatory, or misleading information made during or after the User's engagement with the Platform. The User acknowledges that this clause is reasonable, proportionate, and necessary to protect the HOLO's legitimate business interests, goodwill, and reputation. Nothing herein shall be construed to restrict the User's rights under applicable laws, including freedom of speech and the right to express honest opinions or factual statements.
36. FORCE MAJEURE AND EXTRAORDINARY CIRCUMSTANCES
36.1 The HOLO shall not be liable, responsible, or accountable for any failure, delay, interruption, degradation, or non-performance of any obligation under these Terms, whether in whole or in part, arising from or attributable to Force Majeure Events, including but not limited to: acts of God, natural disasters, earthquakes, floods, hurricanes, tsunamis, volcanic eruptions, wildfires; epidemics, pandemics, quarantines, public health emergencies; wars, armed conflicts, invasions, hostilities, terrorism, insurrections, civil unrest, riots, coups d'état; government actions, sanctions, embargoes, trade restrictions, regulatory changes, legislative amendments, executive orders, judicial decrees, nationalization, expropriation; cyberattacks, cyberwarfare, ransomware, distributed denial-of-service (DDoS) attacks, critical infrastructure failures; collapse or insolvency of financial institutions, payment processors, cryptocurrency exchanges, custodians, or liquidity providers; power outages, telecommunications failures, internet backbone disruptions, satellite failures, undersea cable damage; strikes, labor disputes, lockouts; supply chain disruptions, material shortages; or any other event, circumstance, or condition beyond the HOLO's reasonable control, whether or not foreseeable at the time of entering into these Terms.
36.2 Upon the occurrence of a Force Majeure Event, the HOLO's obligations under these Terms shall be automatically and immediately suspended, without notice, penalty, liability, or default, for the duration of the event and for a reasonable recovery period thereafter, as determined solely by the HOLO. The User expressly, irrevocably, and unconditionally waives any right to claim breach, default, non-performance, compensation, indemnification, restitution, or damages of any kind arising from or related to a Force Majeure Event.
36.3 If a Force Majeure Event continues for a period exceeding one hundred eighty (180) consecutive days, the HOLO may, at its sole, exclusive, and unrestricted discretion, terminate the affected services, contracts, or obligations, in whole or in part, without incurring any liability, penalty, or obligation to refund, compensate, or indemnify the User. Any funds, credits, benefits, or entitlements held by the HOLO at the time of such termination shall be subject to the HOLO's internal policies, operational requirements, and applicable regulatory obligations.
36.4 The User expressly acknowledges and agrees that the HOLO's determination of whether an event constitutes a Force Majeure Event shall be made at the HOLO's sole and absolute discretion, and such determination shall be final, binding, conclusive, and non-appealable. The User irrevocably waives any right to contest, challenge, or seek judicial or arbitral review of such determination.
36.5 For the avoidance of doubt, no Force Majeure Event shall relieve, limit, or excuse the User from any of their obligations under these Terms, including but not limited to payment obligations, confidentiality duties, indemnification commitments, anti-disparagement restrictions, and compliance with all applicable laws and regulations. The User's obligations remain in full force and effect regardless of any Force Majeure Event affecting the HOLO or any third party.
37. ELECTRONIC ACCEPTANCE, DIGITAL SIGNATURES, AND CLICKWRAP VALIDITY
37.1 The User expressly, irrevocably, and unconditionally acknowledges and agrees that their acceptance of these Terms through electronic means—including but not limited to clicking "I Agree," "Accept," "Sign Up," "Register," or similar buttons, accessing or using the Platform, creating an account, submitting information, or engaging in any interaction with the Platform—constitutes a valid, binding, enforceable, and legally effective electronic signature and acceptance under the United States Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.), the Uniform Electronic Transactions Act (UETA), Regulation (EU) No 910/2014 (eIDAS), and all other applicable national and international laws governing electronic signatures, digital contracts, and electronic commerce.
37.2 The User acknowledges and agrees that electronic acceptance of these Terms carries the same legal force, validity, admissibility, and enforceability as a handwritten, wet-ink signature on a physical document. The User irrevocably waives any right to challenge, contest, or deny the validity, enforceability, or admissibility of these Terms, or any amendment thereto, on the grounds that they were accepted, executed, or communicated electronically, or that no physical signature, notarization, apostille, or paper document exists.
37.3 The HOLO may, at its sole and exclusive discretion, maintain logs, records, timestamps, IP addresses, device fingerprints, session identifiers, browser metadata, and any other digital evidence of the User's acceptance and interaction with these Terms. Such records shall constitute conclusive, irrebuttable, and self-authenticating evidence of the User's acceptance, agreement, and consent for all legal, arbitral, and administrative purposes, in any jurisdiction worldwide.
37.4 The User expressly, irrevocably, and unconditionally waives any defense, objection, or argument based on: (i) the absence of a physical or wet-ink signature; (ii) the lack of a separate written agreement; (iii) the assertion that electronic acceptance is insufficient or invalid; (iv) the claim that the Terms were not read, understood, or reviewed; (v) the argument that clickwrap, browsewrap, or sign-in-wrap mechanisms are unenforceable; or (vi) any other legal, equitable, or procedural theory that may seek to invalidate, limit, or challenge the binding nature of electronic acceptance.
37.5 This clause shall be interpreted and enforced in the manner most favorable to upholding the validity and enforceability of electronic acceptance, in accordance with the applicable laws, international standards, and recognized best practices for electronic commerce and digital contracting. Any ambiguity or interpretive dispute regarding the validity of electronic acceptance shall be resolved in favor of the HOLO.
38. AUDIT RIGHTS AND COMPLIANCE VERIFICATION
38.1 The HOLO reserves the sole, exclusive, and unrestricted right, at any time and without prior notice, to audit, inspect, monitor, investigate, and verify the User's compliance with these Terms, including but not limited to: the accuracy and truthfulness of registration information, the legitimacy of financial transactions, the observance of confidentiality and anti-disparagement obligations, the proper use of Platform resources and credentials, and compliance with all applicable laws, regulations, and internal policies.
38.2 The User expressly, irrevocably, and unconditionally agrees to fully cooperate with any audit, investigation, or compliance review conducted by the HOLO or its authorized agents, representatives, auditors, legal counsel, or third-party specialists. Such cooperation includes, but is not limited to: providing complete and truthful responses to inquiries within forty-eight (48) hours; producing requested documents, records, communications, or data; granting access to relevant accounts, devices, or systems; and appearing for interviews, depositions, or hearings as required.
38.3 Failure, refusal, delay, or obstruction by the User in cooperating with an audit or compliance review shall constitute a material, willful, and aggravated breach of these Terms, and shall entitle the HOLO, at its sole and unrestricted discretion, to: (i) immediately suspend, restrict, or permanently terminate the User's account and access; (ii) freeze, block, or forfeit any funds, credits, benefits, or entitlements associated with the account; (iii) apply the applicable liquidated damages under Clause 33.2; (iv) draw adverse inferences from the User's non-cooperation, including the presumption of non-compliance or wrongdoing; and (v) report the User and all relevant data to competent authorities, regulatory bodies, and law enforcement agencies.
38.4 The HOLO may conduct audits using any methods, tools, technologies, or processes deemed appropriate, including but not limited to: automated monitoring systems, transaction analysis algorithms, behavioral analytics, IP tracking, device fingerprinting, digital forensics, third-party verification services, and manual review by qualified personnel. The User acknowledges that such monitoring is continuous, systematic, and integral to the HOLO's compliance and risk management framework, and does not constitute surveillance, invasion of privacy, or any unlawful interference with the User's rights.
38.5 All costs, fees, and expenses incurred by the HOLO in connection with an audit or compliance review triggered by a suspected or confirmed breach by the User—including but not limited to auditor fees, legal fees, forensic investigation costs, expert witness fees, travel expenses, and administrative charges—shall be borne solely and exclusively by the User, and shall be immediately due and payable upon demand, without the need for prior notice, court order, or arbitral award.
Dispute Resolution Cost-Shifting
In the event that a court or arbitral tribunal of competent jurisdiction determines that any legal action, claim, or proceeding initiated by the User against the HOLO was frivolous, vexatious, or brought in bad faith, the User shall be responsible for the HOLO’s reasonable legal costs and expenses incurred in defending such action, as determined by the court or tribunal.
Nothing in this provision shall restrict, limit, or discourage the User’s right to initiate legitimate legal claims, seek judicial remedies, or access courts of competent jurisdiction as guaranteed by applicable law.
Final Institutional Statement of Respect and Good Faith
Holo Fund Operating LLC, despite its solid legal structure and strict clauses designed to protect its operations, expressly declares that it values, respects, and recognizes all of its users as integral human beings, worthy of dignity, respect, consideration, and care. Our company is founded on principles of service, ethics, spirituality, education, and shared prosperity. Our top priority is always to resolve any disagreement, misunderstanding, or conflict in a peaceful, transparent, and respectful manner, through open dialogue, active listening, and amicable solutions, without resorting to legal measures. We acknowledge the value of each user as an essential part of our mission and are open to conversations, clarifications, and adjustments when necessary. However, Holo Fund Operating LLC will not hesitate to take legal, arbitral, administrative, and judicial action, with maximum intensity, in any jurisdiction, to protect its rights, operations, and integrity, should the user choose not to engage in dialogue, not cooperate, or adopt litigious or harmful stances. We reiterate that we are here to serve our users in a holistic manner—financially, intellectually, and spiritually—always guided by principles of good faith, mutual respect, and shared service.
All legal communications, notices, and requests related to these Terms shall be sent exclusively to the email address legal@weholo.io, where the legal team will respond within 72 hours.