HAT Owner Agreement
[Note: this agreement applies to all owners of HATs, no matter which provider they obtained the HAT from]
We recommend you read this Owner Agreement before using the HATDeX Platform. If you do not agree with our Terms, you must not use the HATDeX Platform.
1. About us
The HATDeX Platform is operated, and the Services are provided, by HAT Data Exchange Ltd (” we ”, “ us ” or “ our ”). We are a private limited company registered in England and Wales under company number 09821157 and have our registered office at The Cottages, 8 Comberton Road, Barton, Cambridge, CB23 7BA.
To contact us, please email contact@HATDeX.org or write to HAT Data Exchange Ltd, The Cottages, 8 Comberton Road, Barton, Cambridge, CB23 7BA.
2. About HAT Accounts
A “ HAT Account” is a private micro-server account that can be used to collect, store and ultimately control data. You can claim your data from multiple sources and then view, manage and decide how the data will be used and potentially shared. You can also use a HAT Account as a type of universal user account to control other applications and services that are HAT enabled.
When operating your HAT Account, you interact with the HATDeX Platform. In doing so, you must comply with the HAT Acceptable Use Policy [https://hatdex.org/hat-acceptable-use-policy].
3. Security and other matters affecting your use of your HAT Account
We are neither a data controller nor a data processor for purposes of data protection law. We simply enable you to claim, hold and share your data.
It is your responsibility to (a) protect against unauthorised access to your HAT Account, (b) not share and otherwise ensure no-one else uses your HAT Account, (c) keep your password or other access information secret (your password and log in details are personal to you and should not be given to anyone else or used to provide shared
access), and (d) generally maintain good internet security.
If the email account you give us is compromised this could allow access to your HAT Account by third parties. If your email account is compromised it could be used to ask us to reset a password and gain access to your HAT Account. If you think that your email account has been compromised you should change your HAT Account credentials, and in particular make sure your compromised email account does not allow access to your HAT Account. You should also tell us as soon as possible after you become aware of this, so that we can try to help you keep your HAT Account secure and, if necessary, warn anyone else using the HATDeX Platform who could be affected.
A Data Plug is a service that enables you to authorise the transfer of your data from a third party platform to your HAT Account. You agree that you will only authorise a Data Plug when you are not prohibited under this Owner Agreement or any applicable law from obtaining the data concerned. We reserve the right not to authorise or to cancel any Data Plug for which you have not the right to obtain the data or that is in violation of the Terms or any applicable law. You can decide to interrupt a Data Plug at any time. The Data Plug will stop obtaining and transferring the data concerned as soon as you interrupt the Data Plug.
Sharing your data
You may also be able to share the data contained in your HAT account with your friends and family who have a HAT account on a ‘HAT to HAT basis’.
Please think carefully about what you share because once it has been transferred you will no longer have control of the data.
4. Rules applying to HAT Owner Services
We make available to you various Owner Services (the “HAT Owner Services”), compatible with different computer Operating Systems, to enable you to manage your HAT Account. Some of the HAT Owner Services are also made available as an open source programme for others to build on.
Owner Services are web or mobile applications that allow the HAT owner to view the data in their HAT account. Except for performance improvements, Owner Services do not store any HAT personal data.
HAT Owner Services extensions are additional software, developed by us or third parties, that can modify and/or enhance the functionality of the HAT Dashboards (the “Extensions”). Extensions may require the collection and processing of your personal and browsing data. You agree that we may, without notice, look for available updates to Extensions, download them and install them automatically. We reserve the right to disable or remove Extensions that do not comply with the Terms or any applicable law.
5. Rules applying to Data Debits
A Data Debit is an extraction of data from a HAT Account, with consent from the HAT Owner. For more information on Data Debits, check (https://developers.hubofallthings.com/guides/data-debits/)
Data Acquirers and Data Offers
A Data Acquirer is a corporation, company, partnership, LLP or any other incorporated entity or sole trader acting in a business capacity. Data Acquirers can make Data Debit Requests that set out the terms on which the Data Acquirer is willing to acquire access to your data in return for cash or other benefits.
When you agree to a Data Debit Request, you expressly authorise us to share the data for which the request is made with the Data Acquirer issuing the Data Debit request. We will only share your data with the third party issuing the request. When cash is being paid, we will credit the price paid by the Data Acquirer on your payment instrument within [ 5 ] working days from the date of acceptance (subject to any terms set by the Data Acquirer about a minimum number of participants being satisfied).
We also make various applications (or “apps”) available on the HATDeX Platform. Such applications are licensed and not sold to you and your licence to use the application will be dependent on your acceptance of additional terms (including in some instances payment terms) contained in an End User Licence Agreement that you will need to accept before using the application.
6. Your data
To find out more about how and what we do with the information and content you submit to your HAT Account and the HATDeX Platform ( Your Data ), please read our Privacy Notice available at https://hatdex.org/privacy-policy
You agree to comply with all applicable laws, including (but not limited to) applicable privacy and data protection laws.
7. Intellectual property rights in Your Data
When using the HATDeX Platform, you retain any right, title or interest in Your Data, including any trade secrets, inventions, trademarks, copyright and other intellectual property. We get no rights over Your Data except for the limited rights necessary to deliver the Services.
8. Intellectual property rights in the Hat Platform
The HATDeX Platform is protected by intellectual property rights in accordance with English and other jurisdiction’s laws. This Owner Agreement does not grant you any right, title or interest in or to the HATDeX Platform, in our trademarks, logos and other intellectual property rights or in the content of other users of the HATDeX Platform.
9. Our obligations and limitations on our liability
We will provide your HAT Account and the HATDeX Platform in accordance with this Owner Agreement and all applicable laws, including (but not limited to) applicable privacy and data protection laws.
Except as set out in this Owner Agreement and to the fullest extent permitted by law, we make no warranties, either express or implied, about the HATDeX Platform that is provided ‘as is’.
We do not exclude or limit our liability or the liability of our officers, and/or employees, our agents, affiliates, distributors and/or contractors (as well as their officers, employees, agents, affiliates and/or contractors) for (a) death or personal injury caused by negligence, or (b) fraudulent misrepresentation.
To the fullest extent permitted by law, we or any the parties identified above shall not under this Owner Agreement be liable for (a) any indirect, special, incidental, exemplary, or consequential loss or damages of any kind, (b) any loss of profit or income, (c) any loss of business or business opportunity, (d) any loss or corruption of data, (e) any anticipated savings or revenue, (f) any punitive damages, (g) any loss of goodwill or reputation, (h) any other loss that could have been avoided by the damaged party’s use of reasonable diligence.
We will not be in breach of this Owner Agreement if the failure to perform any of our obligations is due to an event beyond our control, such as failure of part of the power grid, ISP equipment failure, host equipment failure, communications network failure, power failure, legal restrictions and censorship, failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes, terrorism, or other events of a magnitude or type for which it is not possible for us to take precautions against.
If despite the exclusions and limitation above we are found liable by a court of law or regulatory authority for any loss or damage which arises out of or in connection in any way connected with our performance of this Owner Agreement, then our maximum total aggregate liability will in no event exceed the greater of £50 or the total payments you have made to us over the previous 12 months.
10. Test Services
Please note that we occasionally release services that we would like to test or evaluate on the Platform - they will be marked as ‘beta’, ‘preview‘, ‘early access’, ‘evaluation’ or similar terms (“ Test Services ”). You acknowledge that such Test Services may not be as reliable as our normal HAT services or features provided by us and subject to this Owner Agreement.
11. Downloading or using software for HAT Services
Some of our HAT Services allow you to download and use client software (“ Software ”), which may be updated automatically. As long as you comply with this Owner Agreement,
you have a limited, non-exclusive, non-transferable, revocable licence to use the Software, solely to access and use the HAT Services and Platform. To the extent any component of the Software may be offered under an open source licence, we will make that licence available to you and the provisions of that licence may expressly override some of this Owner Agreement. Unless the following restrictions are prohibited by law, you agree not to (a) reverse engineer the Software, (b) decompile the Software, (c) use the Software for any purpose other than accessing or using the HATDeX Platform, (d) attempt any of the above restricted activities, and/or (e) assist anyone in carrying out or attempting to carry out any of the above restricted activities.
12. We may make changes to the terms
We may revise our Terms from time to time, and will post the most current version on our website when the revised Terms become effective.
Also, if there are any changes to our Terms that affect your legal rights as a holder of a HAT Account or user of DataBuyer, we will notify you by sending a message to the email address associated with your account at least  days before the changes take effect. By continuing to use or access the HATDeX Platform after any revisions come into effect, you agree to be bound by the revised Terms. If you do not agree to any revisions, you must stop using the HATDeX Platform before the revisions come into effect and, if applicable, we will give you a prorated refund of any amounts you have prepaid to access the HATDeX Platform after the date you cancel your account.
13. Changes to the HATDeX Platform
We may update and change the HATDeX Platform from time to time to, amongst other things, reflect changes to our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.
14. Maintenance and outages
We reserve the right to conduct activities necessary for the maintenance and support of the HATDeX Platform. You agree to reasonably cooperate with us to investigate service outages or suspected breaches of the Terms or applicable laws.
15. Suspension and termination
We may suspend your access and/or use of your HAT Account or HATDeX Platform or terminate our agreement with you if (a) you are in material breach of this Owner Agreement or you fail to cooperate with our investigations relating to the provision of the HATDeX Platform, (b) to prevent significant harm to the HATDeX Platform or other users, and/or (c) we are required by law or by a governmental authority to suspend access and/or use of the HATDeX Platform. If you received a free HAT Account, we reserve to also terminate your account if you did not log into your HAT Account at least once a week after your first 90 days of Account opening. We will provide you with reasonable notice if we suspend or terminate your access and/or use of the HATDeX Platform.
We may at our discretion decide to cease providing access and/or use of the HATDeX Platform in the jurisdiction where you reside or from where you are attempting to access and/or use the HATDeX Platform. In such an instance we will provide you with a prorata refund of any prepaid payments you have made for your HAT Account.
You may terminate your HAT Account by (a) sending notice in writing to [firstname.lastname@example.org] confirming such termination (please note it may take up to [ 10 ] days for us to action your request to terminate your account) or (b) clicking on the deactivation link in HAT Dashboard and thereafter ceasing to use the HATDeX Platform (this feature is coming soon).
Whenever possible we will provide you with notice and a reasonable opportunity to export Your Data from your HAT Account.
Upon termination of this Owner Agreement, (a) the rights granted by us to you will cease immediately, and (b) any provision of the Terms which expressly or by implication is intended to come into or continue in force on or after termination will survive.
Suspension or termination by us of this Owner Agreement shall not affect any of our rights, remedies, obligations or liabilities that have accrued up to the date of suspension or termination, including the right to claim damages in respect of any breach of this Owner Agreement which existed at or before the date of suspension or termination or expiry.
If you are least 18 years old, you can register for a HAT Account. If you are under 18, your a parent or guardian must sign on your behalf and the adult HAT will be linked to the minor’s HAT. Please note that not all HAT Providers are able to provide HATs for minors. Please check that your HAT Provider has that provision before you sign up a minor for a HAT, or if you are below 18 years old.
17. Waiver, Severability & Assignment
If we fail or delay to enforce a provision of the Terms, this failure or delay is not a waiver of our right to do so later on. If a provision of the Terms is found to be unenforceable by a court, such provision shall be modified and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law. The remaining provisions of the Terms will remain in full force and effect. You may not assign any of your rights or obligations under this Owner Agreement, whether by operation of law or otherwise, and any such attempt will be null and void. We may assign any of rights and obligations under this Owner Agreement without your consent. Also, we may assign this Owner Agreement in their entirety, without your consent, to our successor in interest in connection with a merger, reorganization, or sale of all or substantially all assets or equity. This Owner Agreement shall bind and inure to our benefit, our successors and permitted assigns.
18. Entire Agreement & Third Parties
This Owner Agreement constitute the entire agreement between you and us when it comes to the subject matter of this Owner Agreement, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Owner Agreement.There are no third party beneficiaries to this Owner Agreement Agreement and the provisions of the U.K. Contracts (Rights of Third Parties) Act 1999 are hereby excluded.
19. What happens if there is a dispute between us?
Our approach is to resolve any disputes between us without going to court and you agree that in the case of any disputes, we will resolve such a dispute in the following escalation process. If you only want to raise a complaint, then please contact us at [insert email address.].
Step 1: You contact us at info@HATDeX.org or we contact you using the email address that you selected when registering for a HAT Account. The purpose of the notice is to let each other know of the dispute and provide information as to what it is about. We or you will acknowledge receipt of such notice as soon as reasonably practicable and, in any event, no more than [7 days] from the day that the notice is received (“ Notification Date ”).
Step 2: We discuss together and make all reasonable efforts to try and resolve the dispute between us.
Step 3: You can write to HAT Community Foundation (the “ Regulator ”) which is the regulator of the HATDeX Platform at the following email address: email@example.com. The Regulator is a not-for-profit company whose role is to regulate the HAT Platform for the public benefit.
Step 4: If we are not able to resolve the dispute between us within 30 working days from the Notification Date, then either of us will be entitled to go take proceedings in a court of law.
20. Disputes with Data Acquirers
We require all Data Acquirers to sign up to terms and conditions designed to ensure that they only process Your Data in accordance with good practice and the law. If you believe they have breached their agreement with you or broken the law, you may have the right to sue them directly. However we have no liability
21. Law & Jurisdiction
This Owner Agreement is governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.