Terms of Use

1. Introduction

This Terms of Use ("Agreement") governs your access to and use of the technology platform and related services (collectively, the "Services") provided by HEVN Inc. ("HEVN" "we," "our," or "us"), made available at hevn.finance (the "Website") and via our mobile application (collectively, the "Platform").

HEVN is committed to providing a secure, reliable, and transparent platform for your business. We invest in security audits, regulatory compliance, and operational resilience to protect your interests.

By accessing the Platform, creating an account, or using any of our Services, you represent that you have read, understood, and agree to be bound by this Agreement. If you are using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to this Agreement.

We may modify this Agreement at any time by posting an amended version on our Website. Material changes will be communicated to you at least thirty (30) days in advance. If you do not agree with any modifications, you must discontinue use of the Services and close your account.

Regulatory Status Disclosure

2. Definitions

• "Account" means the account you open and maintain with HEVN to access and use the Services, including access to deposit accounts held by Account Providers, corporate cards, and other financial products offered through our regulated partners.
• "Account Provider" means the regulated banking partners and financial institutions through which HEVN facilitates access to deposit accounts, cards, and other financial products.
• "AI Assistant" means HEVN's artificial intelligence-enabled operational assistant, powered by third-party large language models, that may help users with banking operations, document preparation, compliance workflows, and general information.
• "Authorized User" means any individual you designate to access or manage your Account on your behalf.
• "Company Information" means all business data, personal data, and documentation you provide to us in connection with opening or maintaining your Account.
• "Digital Assets" means blockchain-based digital tokens, including Stablecoins (such as USDC), cryptocurrencies, and other digital representations of value recorded on a distributed ledger.
• "Non-Custodial Smart Contract Wallet" means a blockchain-based smart contract wallet in which Digital Assets are stored and controlled exclusively by the user through cryptographic authentication. HEVN does not hold private keys to, and does not have independent access to, Non-Custodial Smart Contract Wallets.
• "PassKey" means the cryptographic authentication credential (based on the WebAuthn/FIDO2 standard) used by the user to authorize transactions at the smart contract level.
• "Stablecoins" means Digital Assets designed to maintain a stable value relative to a reference currency (e.g., USD). Stablecoins are issued by third-party issuers and are not issued, guaranteed, or redeemed by HEVN.
• "Services" means all technology products, features, and services made available through the Platform, including Digital Asset wallet services, technology interfaces to account services provided by Account Providers and licensed MSB partners, treasury management tools, and the AI Assistant.

3. Eligibility

By using the Platform and agreeing to this Agreement, you represent and warrant that:

• You are a legally registered business entity or a sole proprietor operating a legitimate business
• The individual accepting this Agreement is at least 18 years of age and has the legal authority to bind the entity to this Agreement
• You have the legal capacity to enter into a binding contract with HEVN
• You will only use the Services for lawful business purposes and in compliance with all applicable laws and regulations
• You have not previously had an account with HEVN that was terminated for violation of this Agreement

HEVN reserves the right to deny service, close accounts, or restrict access to the Services at our sole discretion.

Jurisdiction Restrictions

The Services are not available to individuals or entities located in, organized under the laws of, or residents of jurisdictions subject to comprehensive sanctions by the United States (OFAC), the European Union, the United Nations, or other applicable sanctions regimes.

4. Account Opening and Verification

To open an Account, you are required to provide comprehensive Company Information as determined by us and our Account Providers. This includes, but is not limited to, corporate registration documents, beneficial ownership information, identity documents of directors and authorized signatories, and financial information.

We provide Company Information to our Account Providers and third-party service providers to conduct identity verification (KYC), business verification (KYB), anti-money laundering (AML) screening, sanctions checks, and to determine your eligibility for our Services.

You are responsible for ensuring that all Company Information is current, complete, and accurate at all times.

Verification Data Handling

By initiating the account opening process, you authorize HEVN to transmit Company Information to regulated third-party verification providers for the purpose of completing KYB/KYC verification. HEVN deletes identity documents, government-issued IDs, financial statements, and other verification materials from its systems after the verification process is complete across all providers. For full details, see ourPrivacy Policy.

5. Account Management

You must designate at least one authorized representative ("Control Person") to manage your Account during the application process. The Control Person is authorized to conduct various activities including managing users, requesting cards, initiating transactions, and updating Company Information.

You are fully responsible for all actions taken on your Account. You must:

• Keep your Account credentials secure and confidential
• Use strong, unique passwords and enable multi-factor authentication where available
• Report any suspected unauthorized access or security breaches to HEVN without undue delay at [email protected]
• Ensure that all Authorized Users comply with this Agreement

User Responsibility

You are responsible for safeguarding your authentication credentials, PassKeys, and access mechanisms. We recommend enabling all available recovery options during onboarding to ensure continued access to your Account.

Account Recovery and Succession

HEVN provides optional recovery features to help you maintain access to your Account and Digital Assets. These include the ability to designate a third-party recovery guardian at the smart contract level. We recommend enabling recovery options and establishing appropriate succession and contingency plans for your business accounts.

6. Services

HEVN provides a technology platform that connects you to regulated financial products and Digital Asset wallet infrastructure. Our Services may include:

• Digital Asset wallet services
• Multi-currency business accounts with dedicated IBAN numbers
• International payments via SWIFT, SEPA, ACH, Wire, and Stablecoin settlement rails
• Corporate card issuance (virtual and physical) with expense management controls
• Currency exchange and treasury management tools
• Additional financial products and features as introduced from time to time

Digital Asset Wallet Services and Non-Custody

HEVN provides smart contract-based Digital Asset wallet infrastructure. User Digital Assets are maintained in Non-Custodial Smart Contract Wallets deployed on public blockchain networks.

HEVN does not hold private keys, does not have unilateral or joint control over user Digital Assets, and cannot independently initiate, authorize, or execute transactions.

You retain exclusive control of your private keys, PassKeys, and Digital Assets at all times. HEVN does not take custody of customer funds, hold customer deposits, or issue banking services under its own licenses.

Fiat Conversion and Third-Party Settlement

When converting USDC or other Digital Assets into fiat currency, users authorize transfers directly from their Non-Custodial Smart Contract Wallet to regulated third-party conversion providers. HEVN facilitates these conversions as a technology provider but does not act as principal, counterparty, custodian, or settlement intermediary.

Fiat conversion services are provided by Swipelux. By using fiat conversion features, you also agree to the<a href="https://www.swipelux.com/legal/terms-of-use" target="_blank" rel="noopener">Swipelux Terms of Service</a>.

Fiat funds deposited through HEVN may be converted into USDC and held as non-custodial Stablecoins in your Non-Custodial Smart Contract Wallet, or may be held with regulated sponsor banks in the United States, depending on the selected product, payment method, destination, and payment flow.

Banking and Payment Services

IBAN accounts, ACH, Wire, SEPA transfers, and corporate card products are provided by regulated third-party financial institutions. HEVN acts solely as a technology interface and does not hold deposits.

Payment processing, compliance review, transaction monitoring, sanctions screening, and other regulated obligations are performed by our regulated partner institutions where required, including licensed banks and licensed MSB partners. The partner responsible for processing a transaction may vary based on the payment method, destination, currency, Digital Asset rail, risk review, and applicable legal requirements.

Accounts provided through partner banks may be eligible for FDIC insurance, subject to applicable limits and the terms of the sponsoring financial institution. Digital Assets, including USDC, are not bank deposits and are not insured by the FDIC or any governmental agency. Although USDC is designed to maintain a stable value, its value is not guaranteed.

Requests for Information, Transaction Reviews, and Service Restrictions

HEVN, an Account Provider, banking partner, payment provider, payment network, regulatory authority, or other authorized institution may request information or documentation concerning any Account, counterparty, payment, conversion, deposit, withdrawal, or other transaction at any time, including before, during, or after processing (a "Request for Information" or "RFI").

An RFI may be issued for compliance review, transaction monitoring, fraud prevention, sanctions screening, source-of-funds or source-of-wealth verification, investigation of unusual activity, verification of a payment's commercial purpose or counterparty, or satisfaction of applicable legal, regulatory, banking, and payment-network requirements.

Customer Cooperation

You must provide a complete, accurate, current, and non-misleading response within the deadline stated in the RFI. Requested information may include:

• Invoices, contracts, purchase orders, and statements of work
• Evidence of delivery or acceptance of goods or services
• Sender and beneficiary identification
• Counterparty ownership and business information
• The payment purpose and an explanation of the commercial relationship
• Source-of-funds and source-of-wealth evidence
• Bank statements and payment confirmations
• Licenses, registrations, tax records, or corporate documents
• Communications confirming payment authorization or commercial intent
• Any other information reasonably required for the applicable review

Documents must be genuine, complete, legible, unaltered, and consistent with the relevant transaction. You must promptly explain any discrepancy in names, amounts, currencies, dates, counterparties, account details, or payment descriptions. If relevant evidence is held by a sender, beneficiary, shareholder, customer, supplier, or other third party, you must use reasonable efforts to obtain and provide it.

Failure to Satisfy an RFI

If you do not provide a complete and satisfactory response within the applicable deadline, HEVN may immediately:

• Suspend your Account
• Disable or close access to all fiat accounts, payment methods, and fiat payment rails (collectively, "Fiat Services")
• Prevent new fiat deposits, withdrawals, conversions, and transfers
• Suspend or decline the processing of new transactions
• Restrict affected features or payment methods
• Terminate your Account where the failure is material, repeated, or required by an Account Provider or applicable law

A suspension or restriction may remain in effect until the RFI has been resolved to the satisfaction of the relevant Account Provider. Submission of documents does not guarantee that access will be restored or that a transaction will be approved. Restrictions on Fiat Services do not authorize HEVN to transfer Digital Assets from a Non-Custodial Smart Contract Wallet without your authorization.

Pending Transactions

While an RFI or transaction review remains open, a pending transaction may, at the sole discretion of the relevant Account Provider and subject to applicable law and payment-network rules:

• Remain pending or be placed on hold
• Be frozen or restricted from further processing
• Be rejected or canceled
• Require additional information
• Be returned to the originating account or sender
• Be reported to an appropriate authority where legally required

HEVN does not control the Account Provider's review timeline or final decision and cannot guarantee that a pending transaction will be completed, released, or returned by a particular date. HEVN or the Account Provider may be legally or contractually prohibited from disclosing the reason for a review, restriction, report, or decision.

You remain responsible for applicable third-party fees, network fees, return fees, and exchange-rate differences resulting from a rejected or returned transaction, except to the extent directly caused by HEVN's gross negligence or willful misconduct. Suspension, restriction, return, or termination does not release you from any existing reimbursement, RFI, recall, reconciliation, or indemnification obligation. These obligations survive suspension or termination of your Account.

Payment Recalls, RFI Reviews, Reversals, and Customer Reimbursement

A "Recall Request" means any request by a sender, originating bank, intermediary bank, payment network, Account Provider, governmental authority, or other authorized party to recall, cancel, reverse, return, freeze, or investigate an incoming fiat payment.

A Recall Request may arise from alleged fraud, mistake, duplicate payment, unauthorized activity, incorrect payment details, a commercial dispute, compliance concerns, sanctions screening, source-of-funds concerns, or any other reason permitted under applicable law, payment-network rules, or the Account Provider's terms.

Customer Obligations Following a Recall Request

If a Recall Request relates to a payment for which HEVN or an Account Provider has already credited value, completed a conversion, delivered Digital Assets, or otherwise made funds available to you, you must, within the deadline stated in HEVN's notice:

1. Voluntarily return the corresponding Digital Assets or other value; or
2. If the Account Provider permits the Recall Request to be reviewed or contested, provide a complete and accurate response to the applicable RFI.

Submission of an RFI does not suspend or cancel a Recall Request unless HEVN or the Account Provider confirms this in writing.

Recall RFI Requirements

In addition to the general RFI requirements above, you must provide all information reasonably requested to establish the sender's intention and authorization, the source of the payment, the lawful commercial purpose of the transaction, your relationship with the sender, and the delivery of the relevant goods or services. This may include invoices, executed agreements, purchase orders, delivery and acceptance records, correspondence, bank statements, payment confirmations, and evidence concerning any cancellation, refund, dispute, or prior settlement.

You must not conceal material information or submit false, misleading, fabricated, altered, or inconsistent evidence. If relevant evidence is held by the sender or another counterparty, you must use reasonable efforts to obtain it promptly.

Account Provider Decision

The relevant Account Provider has sole authority, subject to applicable law and payment-network rules, to determine whether the underlying fiat payment will remain credited, be restricted, or be returned. HEVN may facilitate communications and submit information on your behalf, but does not control the Account Provider's decision, cannot guarantee that an RFI will prevent a return, and is not required to adjudicate the underlying commercial dispute.

An Account Provider's decision determines the operational settlement of the affected payment but does not necessarily determine the ultimate contractual rights between you and the sender. You may pursue a separate claim against the sender at your own expense, but such a claim does not suspend your reimbursement obligation to HEVN.

Mandatory Reimbursement After a Completed Return

If the Account Provider determines that the underlying fiat payment must be returned, or confirms that it has already returned, debited, or otherwise reversed the funds, you must reimburse HEVN for the corresponding value specified in HEVN's written notice.

You must make reimbursement even if:

• You disagree with the Recall Request
• You believe the original payment was authorized or commercially valid
• Goods or services have already been supplied
• You have a separate claim against the sender
• You submitted an RFI
• The corresponding Digital Assets have already been transferred, converted, withdrawn, or otherwise used

Unless a shorter period is required by the Account Provider or applicable law, reimbursement must be completed within two Business Days after HEVN's written notice of the Account Provider's decision.

Reimbursement Amount

The amount due may include:

• The Digital Assets or other value actually delivered to or made available for your benefit in connection with the recalled payment
• Documented bank, payment-network, blockchain-network, conversion, and return fees
• Exchange-rate differences reasonably incurred in restoring the returned funds
• Reasonable documented recovery and reconciliation costs

HEVN will deduct any amount already recovered and will not recover more than its actual loss and documented costs. If reimbursement is required in an asset or currency different from the value originally delivered, HEVN's notice will identify the exchange-rate source and calculation time.

Return Notice and Instructions

HEVN's written notice will identify:

• The affected payment and transaction reference
• The sender and original payment amount
• The Account Provider's recall or return status
• The amount and asset to be returned
• The blockchain network or payment method
• The designated return wallet or account
• The applicable deadline and any required payment reference

You must verify the asset, network, and return address before transferring funds and provide the transaction hash or payment confirmation immediately after completion.

Protective Measures and Continuing Cooperation

While a Recall Request or reimbursement obligation remains unresolved, HEVN may, to the extent permitted by applicable law, suspend conversions, withdrawals, payments, or access to affected Services; refuse to process additional transactions; apply an administrative hold to available credits; offset an undisputed amount against funds or credits otherwise payable to you; or terminate your Account for material non-compliance.

HEVN cannot transfer assets from a Non-Custodial Smart Contract Wallet without your authorization. You nevertheless remain contractually responsible for completing the required return and must continue cooperating if an Account Provider, payment network, regulator, or law-enforcement authority requests additional information.

If the Account Provider subsequently reverses its return decision and HEVN recovers the funds, HEVN will credit or return the corresponding recovered amount to you, less documented third-party costs that are not recoverable. These obligations survive suspension or termination of your Account and do not apply to the extent that a loss was directly caused by HEVN's gross negligence or willful misconduct or where prohibited by applicable law.

7. AI Assistant

HEVN's AI Assistant is powered by third-party large language models (LLMs) and is designed to assist with banking operations, document preparation, compliance workflows, and general information.

AI-generated responses may be inaccurate, incomplete, outdated, or inappropriate for your specific circumstances. The AI Assistant may generate incorrect information, sometimes called hallucinations, and should not be relied upon as the sole source of truth.

You are solely responsible for reviewing and verifying all AI-generated content before relying on it or taking any action. Any payments, contracts, compliance submissions, account instructions, or other sensitive actions initiated with AI assistance remain subject to your review and approval.

HEVN does not guarantee the accuracy, completeness, timeliness, or suitability of AI-generated outputs and disclaims liability for decisions made based on such outputs to the fullest extent permitted by applicable law.

The AI Assistant is provided for informational and operational assistance only and does not constitute legal, tax, accounting, investment, compliance, financial, or other professional advice.

8. Fees and Charges

You agree to pay all applicable fees and charges associated with your use of the Services. Fees may include, but are not limited to:

• Monthly account maintenance fees
• Transaction and payment processing fees
• Card issuance and usage fees
• Currency exchange fees
• Other fees for premium features or add-on services

We reserve the right to modify our fee schedule with at least thirty (30) days' prior notice.

Tax Reporting

You are solely responsible for determining and fulfilling your tax obligations arising from your use of the Services. HEVN and/or its Account Providers may be required to report certain transaction information to tax authorities as required by applicable law.

9. Prohibited Activities

You may not use the Platform or Services for any illegal, harmful, or unauthorized purpose. Prohibited activities include, but are not limited to:

• Money laundering, terrorist financing, or any activity that violates applicable AML/CTF laws
• Transactions involving sanctioned individuals, entities, or jurisdictions
• Fraud, deception, or providing false or misleading information
• Using the Account for personal, family, or household purposes unrelated to your business
• Using the Services on behalf of unaffiliated third parties without prior written consent
• Attempting to gain unauthorized access to the Platform or other users' accounts
• Reverse engineering, decompiling, or disassembling any software used in the Services
• Using automated tools (bots, scrapers, spiders) without express written permission
• Circumventing, disabling, or interfering with security features
• Impersonating any person or entity or misrepresenting your affiliation

10. Privacy and Data

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by ourPrivacy Policy, which is incorporated into this Agreement by reference.

By using the Services, you acknowledge the collection and use of your information as described in our Privacy Policy.

11. Intellectual Property

All aspects of the Platform, including all content, software, designs, text, graphics, logos, icons, images, audio, video, and data (collectively, the "Materials"), are owned by HEVN or our licensors and are protected by applicable intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your internal business purposes in connection with the Services.

12. Third-Party Services and Links

Our Platform may contain links to or integrate with third-party websites, applications, or services. We do not control and are not responsible for the content, privacy practices, or terms of any third-party services. Your use of third-party services is at your own risk.

13. Electronic Communications

You agree to receive communications from us electronically, including notices, agreements, disclosures, and other communications delivered via email, in-app notifications, or through the Platform. You agree that all electronic communications satisfy any legal requirement that such communications be in writing.

14. Modifications to Platform and Services

We reserve the right to modify, suspend, or discontinue features of the Platform or Services. For changes that materially affect your use of the Services, we will provide at least thirty (30) days' advance notice where practicable.

15. Term and Termination

Termination by You: You may terminate this Agreement at any time by closing your Account and discontinuing all use of the Services, subject to settling all outstanding obligations and fees. To close your Account, contact us at [email protected].

Termination by HEVN: We may terminate your Account with thirty (30) days' prior written notice. We may suspend or terminate your Account immediately where required by applicable law, in cases of suspected fraud, or breach of this Agreement.

Digital Assets Upon Termination: Your Digital Assets remain yours. Because HEVN does not hold private keys or custody Digital Assets, termination of your Account does not affect your ability to access Digital Assets held in your Non-Custodial Smart Contract Wallet directly on the blockchain.

16. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless HEVN and its parent companies, subsidiaries, affiliates, partners, officers, directors, employees, agents, contractors, and licensors from and against any and all claims, losses, liabilities, damages, costs, and expenses arising from or related to:

• Your use of or access to the Services
• Your breach of this Agreement or any representation or warranty herein
• Your violation of any applicable law or regulation
• Your violation of any third-party rights
• Any transaction or activity conducted through your Account, except to the extent directly caused by HEVN's gross negligence or willful misconduct
• Your failure to comply with the Requests for Information, Transaction Reviews, and Service Restrictions provisions or the Payment Recalls, RFI Reviews, Reversals, and Customer Reimbursement provisions of this Agreement

17. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEVN DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

HEVN DOES NOT WARRANT THAT THE SERVICES, BLOCKCHAIN NETWORKS, CONVERSION PROVIDERS, OR BANKING PARTNERS WILL BE AVAILABLE ON AN UNINTERRUPTED, ERROR-FREE, OR SECURE BASIS.

DIGITAL ASSETS ARE NOT BANK DEPOSITS AND ARE NOT INSURED BY THE FDIC OR ANY GOVERNMENTAL AUTHORITY. HEVN DOES NOT PROVIDE DEPOSIT INSURANCE, CUSTODIAL INSURANCE, OR PROTECTION AGAINST LOSS.

18. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HEVN, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES.

IF HEVN IS FOUND LIABLE, OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) US$5,000.

19. Mandatory Arbitration and Class Action Waiver

Arbitration Agreement: Any dispute, claim, or controversy arising from or relating to this Agreement or the Services shall be resolved through binding arbitration, rather than in court, except that either party may seek injunctive or equitable relief to protect intellectual property rights.

Arbitration shall be conducted before a single arbitrator of the American Arbitration Association ("AAA") in accordance with the AAA's Commercial Arbitration Rules. The arbitrator shall apply the substantive laws of the State of Delaware.

Class Action Waiver: You agree that any arbitration or legal proceeding shall be conducted solely on an individual basis. You waive any right to participate in a class action, class arbitration, or any other representative proceeding.

20. Force Majeure

HEVN shall not be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure results from causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, government actions, internet or infrastructure outages, cyberattacks, epidemics or pandemics, blockchain network disruptions, or any other event beyond our reasonable control.

21. General Provisions

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.

Severability: If any provision of this Agreement is held to be unlawful, void, or unenforceable, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.

No Waiver: No failure or delay by HEVN in exercising any right under this Agreement shall constitute a waiver of that right.

Assignment: You may not assign your rights or obligations under this Agreement without our prior written consent. HEVN may assign its rights and obligations without restriction.

Entire Agreement: This Agreement, together with our Privacy Policy and any other terms referenced herein, constitutes the entire agreement between you and HEVN with respect to the Services.

Precedence of Terms Over Smart Contract Code: In the event of any conflict between the terms of this Agreement and the behavior of any smart contract or software, the terms of this Agreement shall prevail.

22. Contact Information

If you have any questions about this Agreement or our Services, please contact us: