HUMBL Financial Terms and Conditions
HUMBL Financial, which manages and offers Exchange-Traded Indexes (ETXs), is a trademark of Avrio Worldwide, PBC. (“Avrio”). These Terms of Conditions, together with HUMBL's Privacy Policy, set forth the terms and conditions (“Terms”) that apply to your access and use of all HUMBL products and services (together, the “Services”), that are made available through HUMBLFINANCIAL.com. These Terms and Conditions (“Terms”) govern your access to and use of the HUMBL website(s), our APIs, mobile app (the “App”), and any other software, tools, features, or functionalities provided on or in connection with our services.
1. Acceptance of Terms
Please read our Terms carefully. These Terms state that any disputes between you and HUMBL Financial must be resolved in binding arbitration or small claims court and that you waive the right to participate in any class action. You may opt out of arbitration and the class action waiver by following the procedures in Section 16 below.
By using or accessing the Services, you agree to follow and be bound by these Terms, as updated from time to time in accordance with Section 3, below. Because HUMBL Financial provides a wide range of services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific product or service. Your use of the Services constitutes your acknowledgment and acceptance of the specific requirements and terms of use for certain of the HUMBL Services.
2. Updates & Changes to Terms
HUMBL Financial reserves the right, from time to time, to modify, suspend, supersede and/or discontinue the Terms in part or in whole. HUMBL Financial will attempt to provide notice of any change to the Terms, which may be provided by a click-through or similar box or agreement on HUMBL. You agree that you accept any such modification or change by continuing to use, download, purchase or otherwise access the Services. Each time you use the Services, you agree to be bound by the terms of the Agreement in effect at the time of your use thereof. If you do not agree to the revised terms, you are not permitted to use the Services.
3. Description of Services HUMBL Financial provides non-custodial software tools to enable customers to subscribe to thematic and index-based digital asset exposures on major exchanges, such as Coinbase and Binance (the "Service"). HUMBL Financial does not hold, manage, or control customer funds or assets.
4. Acknowledgment of Risk By using HUMBL Financial, you acknowledge and agree to the following:
(a) Capital Risk: Digital asset investments involve significant risk, including the possible loss of your entire investment. Past performance does not guarantee future results.
(b) Market Risks: Digital asset prices are highly volatile and subject to unpredictable fluctuations.
(c) Service Interruptions: The Service relies on integrations with third-party exchanges, which may experience interruptions, outages, or downtime. HUMBL Financial Financial is not liable for any delays or disruptions.
(d) No Guarantees or Returns: HUMBL Financial provides access to thematic and index-based subscriptions for informational and organizational purposes only. We do not guarantee returns, performance, or profitability.
(e) Regulatory Risks: Digital assets and related services are subject to changing regulatory frameworks, which may impact the availability, functionality, or legality of the Service. Users are solely responsible for understanding and complying with applicable regulations in their jurisdictions.
(f) Custodial Risks: As the Service is non-custodial, you are solely responsible for safeguarding your digital assets, including secure storage and the use of private keys. HUMBL Financial Financial is not liable for loss, theft, or unauthorized access to your assets.
(g) Technology Risks: The Service depends on third-party infrastructure and technology, which may fail or be subject to cyberattacks, bugs, or vulnerabilities. HUMBL Financial Financial assumes no liability for losses stemming from such events.
5. Disclaimer of Liability To the fullest extent permitted by law, HUMBL Financial Financial disclaims all liability for:
(a) Losses incurred due to market volatility, third-party exchange issues, or technical errors;
(b) Loss of access to digital assets, whether due to User error, third-party service interruptions, or other causes;
(c) Risks associated with phishing attacks, hacking, or unauthorized access resulting from your failure to implement proper security measures;
(d) Errors or inaccuracies in data provided through the Service, including but not limited to market data and index performance metrics;
(e) Any indirect, incidental, special, consequential, or punitive damages, even if advised of the possibility of such damages.
6. Non-Custodial Nature of Service HUMBL Financial is a non-custodial platform. You retain full responsibility for managing, securing, and controlling your digital assets on third-party exchanges. HUMBL Financial does not hold or control any funds or assets on your behalf.
7. Trading Fees HUMBL Financial is not responsible for any fees incurred on connected exchanges. Transaction and trading fees vary based on the cryptocurrency, transaction size, and payment method. Please refer to your chosen exchange for its specific terms and conditions.
8. Payment Terms
(a) General: HUMBL Financial has engaged third-party service provider(s) to perform services related to payment processing, including card processing, disbursements, identity verification, fraud analysis, and regulatory compliance. You agree that by using a third-party service, you may also be subject to an agreement with the third party. HUMBL may share your personal or transactional information with those third-party service providers for purposes related to payments processing.
(b) Pricing: You understand that the prices for products or services displayed on HUMBL Financial may differ from the prices offered or published by Merchants for the same products or services and/or from prices available at other third-party websites/mobile applications. Prices, products, or services displayed on HUMBL Financial may not be the lowest prices at which the product or menu items are sold. HUMBL Financial is not responsible for any changes or discrepancies in prices.
(c) Payment Processing: HUMBL Financial’s payment processing partners will charge the payment method you specify at the time of purchase or as otherwise specified by you in your account information. Charges paid by you are final and non-refundable. HUMBL Financial has no obligation to provide refunds or credits. However, HUMBL Financial, in its sole discretion, may provide consumers with refunds, courtesy delivery or product/services credits, or make promotional offers with different features and different rates to any consumers, which are subject to these Terms.
(d) Payment Authorization: You authorize HUMBL Financial or its third-party service provider(s) to charge all sums for purchases that you make to the payment method designated in your account. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. HUMBL Financial reserves the right to request additional information from you if we have reason to believe, in our sole discretion, that a payment method may be fraudulent.
(e) Delinquent Accounts: If payment due on your account is delinquent, we reserve the right to suspend or terminate your access to HUMBL Financial; your account information may be sent to a collection agency/debt collector and you may be subject to a collection action, and payment of collection related fees and costs. If your payment card expires or is replaced by your issuing bank, the card network may provide our payment processing partners with updated card details associated with the same account. We may use these new details in order to help prevent any interruption to your use of HUMBL Financial. If you would like to use a different payment method, please visit your account settings to update your billing information. In addition, our payment processing partner may charge another stored payment method if your default payment is declined or no longer available to us.
9. Prohibited Conduct In order to use the HUMBL Financial, you agree not to:
(a) Use the Services for any illegal purpose, or in violation of any local, state, national, or international law;
(b) Violate or encourage others to violate the rights of third parties, including intellectual property rights;
(c) Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
(d) Interfere in any way with security-related features of the Services;
(e) Interfere with the operation or any user’s enjoyment of the Services, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;
(f) Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth;
(g) Sell or otherwise transfer the access granted herein;
(h) Use or attempt to use another user’s Account without authorization from such user;
(i) Pose as another person or entity, or use a wallet to engage in a transaction on HUMBL that is owned or controlled, in whole or in part, by any other person;
(j) Claim a HUMBL username for the purpose of reselling it, confusing others, deriving others’ goodwill, or otherwise engage in name squatting;
(k) Access the Service from a different blockchain address if we’ve blocked any of your other blockchain addresses from accessing the Service, unless you have our written permission first;
(l) Use the Service – including through disseminating any software or interacting with any API – that could damage, disable, overburden, or impair the functioning of the Service in any manner;
m) Bypass or ignore instructions that control access to the Service, including attempting to circumvent any rate limiting systems by using multiple API keys, directing traffic through multiple IP addresses, or otherwise obfuscating the source of traffic you send to HUMBL Financial;
(n) Use our Service for commercial purposes inconsistent with these Terms or any other instructions;
(o) Use any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Service, extract data, or otherwise interfere with or modify the rendering of Service pages or functionality;
(p) Reverse engineer, duplicate, decompile, disassemble, or decode any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Service;
(q) Sell or resell the Service or attempt to circumvent any HUMBL Financial fee systems;
(r) Engage in behaviors that have the intention or the effect of artificially causing an item or collection to appear at the top of search results, or artificially increasing view counts, favorites, or other metrics that HUMBL Financial might use to sort search results;
(s) Use the Service or data collected from our Service for any advertising or direct marketing activity (including without limitation, email marketing, SMS marketing, and telemarketing);
(t) Use the Service for or in connection with money laundering, terrorist financing, or other illicit financial activity, or in any way in connection with the violation of any law or regulation that applies to you or to HUMBL Financial;
(u) Use the Service, directly or indirectly, for, on behalf of, or for the benefit of, (a) any natural or legal person that is the subject of Sanctions; (b) any natural or legal person located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction; or (c) any legal person owned or controlled, directly or indirectly, by any natural or legal person located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction.
10. Intellectual Property All intellectual property related to HUMBL Financial, including algorithms, methodologies, and trademarks, is owned by Avrio Worldwide, PBC. The HUMBL Financial Services are protected by applicable copyright and other intellectual property laws, and no materials from the Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission. All trademarks and service marks on the Services belong to HUMBL Financial, except third-party trademarks or service marks, which are the property of their respective owners. You represent and warrant that you own or otherwise have the right to use any content you post to the Services
11. Indemnification You agree that you will be personally responsible for your use of the Services and Platform, and you agree to defend, indemnify, and hold harmless HUMBL from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Services; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. HUMBL Financial reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
12. Limitation of Warranties The Service is provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Humbl Financial does not warrant that the Service will be error-free, uninterrupted, or secure.
13. Modification of Terms HUMBL Financial reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting. Your continued use of the Service constitutes acceptance of the modified Terms.
14. Termination HUMBL Financial may terminate or suspend your access to the Service at its sole discretion, without prior notice, for any reason, including but not limited to violations of these Terms.
15. Governing Law and Dispute Resolution These Terms are governed by the laws of the jurisdiction in which Avril Worldwide, PBC, is registered, without regard to its conflict of laws principles. Any disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
16. Contact Information For questions about these Terms or the Service, please contact us at:
HUMBL Financial Email: [support@humbl.com]
By using HUMBL Financial, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.
Last Updated: 1/25/2025
