Terms of Service

1. Acceptance of Terms

By creating an account, accessing our platform, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference.

If you do not agree to these Terms, you may not access or use our services. We reserve the right to update or modify these Terms at any time. Material changes will be communicated via email or prominent notice on the platform. Your continued use after changes become effective constitutes acceptance of the modified Terms.

2. Eligibility and Account Registration

2.1 Eligibility Requirements

To use our services, you must:

• Be at least 18 years of age
• Be a business entity legally registered in the United States or authorized to conduct business in the U.S.
• Have the authority to bind your company to these Terms
• Not be located in a country subject to U.S. government embargo or designated as a "terrorist supporting" country
• Not be on the U.S. Treasury Department's Specially Designated Nationals List or any similar prohibited party list

2.2 Account Registration

You agree to:

• Provide accurate, current, and complete information during registration
• Maintain the security of your account credentials
• Promptly update your account information if it changes
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities conducted under your account

2.3 Identity Verification

As a payment facilitator, we are required to verify your identity and business information. You agree to provide:

• Government-issued identification (EIN, tax documents)
• Business formation documents (articles of incorporation, operating agreement)
• Beneficial ownership information as required by FinCEN regulations
• Additional documentation as requested for KYC/AML compliance

We may use third-party services to verify your information. Failure to provide required documentation may result in account suspension or termination.

3. Description of Services

Hontza provides three core services:

3.1 HontzaTrack (Container Tracking)

• Multi-carrier container tracking and visibility
• Port arrival notifications and alerts
• Last Free Day (LFD) calculations
• Terminal fee estimates and demurrage tracking

3.2 HontzaPay (Payment Facilitation)

• Same-day payment processing for ocean terminal fees
• USDC cryptocurrency payment acceptance via Circle API
• Credit card payment processing via Stripe Connect
• Integration with terminal payment systems (eModal, GoPort)
• Payment receipts and transaction records

3.3 HontzaClear (Customs Brokerage)

• U.S. Customs entry filing and processing
• ISF (Importer Security Filing) filing
• Real-time ACE (Automated Commercial Environment) monitoring
• Proactive resolution of customs holds and exams
• Tariff classification and duty calculation assistance

Service Availability: Services may not be available in all geographic areas or for all types of shipments. We reserve the right to modify, suspend, or discontinue any service at any time without prior notice.

4. Payment Processing Services

4.1 Role as Payment Facilitator

Hontza acts as an intermediary between you and ocean terminal operators. We facilitate payments on your behalf but do not determine fee amounts, which are set by terminal operators.

4.2 Payment Authorization

By using HontzaPay, you authorize us to:

• Collect payment from your designated payment method (credit card or cryptocurrency wallet)
• Remit payment to the appropriate terminal operator on your behalf
• Deduct our service fees from the transaction
• Store your payment information securely for future transactions

4.3 Payment Methods

Credit Card Payments:

• Processed through Stripe Connect
• Subject to standard credit card processing fees
• Chargebacks may result in account suspension

Cryptocurrency Payments:

• USDC only (on Ethereum or Polygon networks)
• Transactions are irreversible once confirmed on blockchain
• You are responsible for ensuring sufficient funds and gas fees
• See Section 5 for additional cryptocurrency-specific terms

4.4 Payment Confirmation

Payment receipts are generated upon successful transaction completion. Receipts are provided for your records but do not guarantee container release. Terminal operators maintain final authority over release authorization.

4.5 Payment Disputes

If you dispute a terminal fee amount, you must contact the terminal operator directly. Hontza does not set fees and cannot refund payments made to terminal operators. Our service fees may be refunded at our discretion if we determine an error occurred in our processing.

5. Cryptocurrency Transactions

5.1 Supported Cryptocurrencies

We accept USDC (USD Coin) only, on the following networks:

• Ethereum mainnet
• Polygon (MATIC) network

Transactions sent via unsupported networks or using non-USDC tokens will result in permanent loss of funds. We cannot recover tokens sent to incorrect addresses or networks.

5.2 Wallet Requirements

You must use a non-custodial cryptocurrency wallet that you control. You are responsible for:

• Securing your private keys and seed phrases
• Maintaining sufficient USDC balance for payments
• Ensuring adequate network gas fees (ETH or MATIC) for transaction processing
• Verifying recipient addresses before sending transactions

5.3 Blockchain Confirmations

Payments are considered complete after the following blockchain confirmations:

• Ethereum: 12 confirmations (approximately 3 minutes)
• Polygon: 128 confirmations (approximately 5 minutes)

Network congestion may delay confirmations. Hontza is not responsible for delays caused by blockchain network performance.

5.4 Exchange Rate and Volatility

USDC is a stablecoin pegged to the U.S. Dollar. While USDC maintains a 1:1 peg, slight variations may occur. You acknowledge and accept any exchange rate risk. Terminal fees are quoted in USD; you are responsible for ensuring sufficient USDC to cover the full amount.

5.5 Tax Reporting

Cryptocurrency transactions may have tax implications. You are responsible for:

• Reporting cryptocurrency transactions to tax authorities
• Maintaining accurate records of all transactions
• Consulting with a tax professional regarding your obligations

Hontza will provide transaction records but does not provide tax advice.

5.6 Regulatory Compliance

We comply with all applicable virtual currency regulations, including FinCEN's Money Services Business (MSB) requirements. We may report certain transactions to regulatory authorities and may refuse to process transactions that violate applicable law.

6. Customs Brokerage Services

6.1 Licensed Customs Broker

HontzaClear services are provided by licensed U.S. Customs brokers in compliance with 19 CFR Part 111. By using our customs brokerage services, you appoint Hontza as your authorized agent for customs clearance matters.

6.2 Power of Attorney

You grant Hontza a power of attorney to:

• File customs entries on your behalf
• Make entry and clearance of goods
• Sign and file documents required by U.S. Customs and Border Protection
• Pay duties, taxes, and fees related to customs clearance
• Represent you in customs matters

This power of attorney remains in effect until revoked in writing.

6.3 Client Responsibilities

You are responsible for:

• Providing accurate and complete shipment information
• Supplying commercial invoices, packing lists, and other required documentation
• Ensuring compliance with all import regulations
• Paying all duties, taxes, and customs fees
• Providing timely responses to information requests
• Maintaining a valid customs bond

6.4 Tariff Classification

We provide tariff classification assistance, but final classification responsibility rests with the importer. You have the right to file protests if you disagree with customs decisions. We will assist with reasonable protest filings at an additional fee.

6.5 Customs Holds and Exams

If CBP places your shipment on hold or orders an examination:

• We will notify you promptly
• Additional fees may apply for exam attendance or document submission
• You are responsible for storage fees and demurrage during holds
• We will work to resolve issues but cannot guarantee clearance timelines

6.6 Recordkeeping

You must maintain import records for 5 years from the date of entry, as required by 19 CFR 163.4. We will maintain records on your behalf but you remain ultimately responsible for recordkeeping compliance.

7. Fees and Charges

7.1 Service Fees

Hontza charges the following fees for our services:

• HontzaTrack: Free for basic container tracking
• HontzaPay: $25-$50 per terminal fee payment transaction (varies by payment method and transaction value)
• HontzaClear: $75-$150 per customs entry (varies by complexity)

7.2 Payment Processing Fees

• Credit Card Payments: Standard Stripe processing fees apply (typically 2.9% + $0.30)
• USDC Cryptocurrency: No additional processing fees; you pay network gas fees

7.3 Third-Party Fees

You are responsible for all third-party fees, including:

• Terminal operator fees (pier pass, TMF, wharfage, etc.)
• Customs duties, taxes, and examination fees
• Demurrage and detention charges
• Storage fees
• Blockchain network gas fees (for cryptocurrency transactions)

7.4 Fee Changes

We reserve the right to modify our fees at any time. Changes will be communicated with 30 days' notice. Continued use after fee changes constitutes acceptance.

7.5 Refund Policy

• Service Fees: Refundable within 24 hours if we fail to complete the service as promised
• Terminal Fees: Non-refundable once paid to terminal operators
• Customs Fees: Refundable only for unperformed services
• Cryptocurrency Payments: Non-refundable due to blockchain immutability

8. User Responsibilities and Obligations

You agree to:

8.1 Accurate Information

• Provide truthful, accurate, and complete information
• Update information promptly when it changes
• Not misrepresent your identity or business

8.2 Compliance with Laws

• Comply with all applicable federal, state, and local laws
• Adhere to U.S. Customs regulations for imports
• Follow anti-money laundering (AML) and counter-terrorism financing (CTF) laws
• Not use our services for illegal purposes

8.3 Prohibited Goods

You may not use our services for shipments containing:

• Illegal drugs or controlled substances
• Weapons, firearms, or explosives
• Counterfeit goods or intellectual property violations
• Items subject to U.S. trade sanctions or embargoes
• Hazardous materials without proper documentation
• Any items prohibited by U.S. or international law

8.4 Security

• Maintain confidentiality of account credentials
• Use strong passwords and enable two-factor authentication
• Not share accounts with unauthorized persons
• Report security incidents immediately

9. Prohibited Activities

You may not:

• Use our services for any unlawful purpose or in violation of these Terms
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of our platform
• Transmit viruses, malware, or other harmful code
• Scrape, crawl, or use automated tools to access our platform without permission
• Reverse engineer, decompile, or disassemble our software
• Use our services to facilitate money laundering, terrorist financing, or fraud
• Impersonate another person or entity
• Create multiple accounts to evade restrictions
• Violate any applicable export control laws

Violation of these prohibitions may result in immediate account termination and legal action.

10. Intellectual Property Rights

10.1 Hontza Intellectual Property

All content, features, and functionality on our platform, including but not limited to text, graphics, logos, software, and trademarks, are owned by Hontza Global LLC or our licensors. You may not copy, reproduce, distribute, or create derivative works without our express written permission.

10.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our platform for your business purposes in accordance with these Terms. This license terminates upon violation of these Terms or termination of your account.

10.3 Trademarks

"Hontza," "HontzaTrack," "HontzaPay," "HontzaClear," and associated logos are trademarks of Hontza Global LLC. You may not use our trademarks without prior written consent.

10.4 User Content

You retain ownership of content you submit to our platform (documents, shipment information, etc.). By submitting content, you grant us a worldwide, royalty-free license to use, store, and process that content solely to provide our services.

11. Warranties and Disclaimers

11.1 AS-IS Basis

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

11.2 No Guarantee of Availability

We do not guarantee that our services will be uninterrupted, error-free, or secure. We may experience downtime due to maintenance, technical issues, or factors beyond our control.

11.3 Third-Party Services

We rely on third-party services (Circle, Stripe, terminal operators, customs systems). We do not guarantee the performance or availability of third-party services and are not responsible for their failures or errors.

11.4 No Legal or Tax Advice

Nothing on our platform constitutes legal, tax, or financial advice. Consult with qualified professionals regarding customs compliance, tax obligations, or legal matters.

11.5 Container Release

Payment of terminal fees does not guarantee container release. Terminal operators maintain final authority over release decisions. We are not responsible for delays caused by customs holds, terminal procedures, or other factors outside our control.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

12.1 Exclusion of Damages

HONTZA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Business interruption
• Demurrage, detention, or storage fees
• Missed shipping deadlines
• Customs penalties or fines

12.2 Cap on Liability

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO OUR SERVICES SHALL NOT EXCEED THE GREATER OF:

• (A) $500, OR
• (B) THE AMOUNT OF FEES YOU PAID TO HONTZA IN THE 12 MONTHS PRECEDING THE CLAIM

12.3 Cryptocurrency Transactions

WE ARE NOT LIABLE FOR:

• Lost, stolen, or misplaced cryptocurrency
• Transactions sent to incorrect addresses
• Loss due to private key compromise
• Blockchain network delays or failures
• Exchange rate fluctuations
• Gas fee variations

12.4 Force Majeure

We are not liable for failures or delays caused by events beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, internet outages, or blockchain network issues.

13. Indemnification

You agree to indemnify, defend, and hold harmless Hontza Global LLC, its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of our services
• Your violation of these Terms
• Your violation of any law or regulation
• Your shipment of prohibited or restricted goods
• Inaccurate or incomplete information you provide
• Customs penalties resulting from your non-compliance
• Third-party claims related to your shipments
• Your cryptocurrency transactions

This indemnification obligation survives termination of these Terms.

14. Termination and Suspension

14.1 Termination by You

You may terminate your account at any time by contacting us at support@hontza-global.com. You remain responsible for all fees incurred prior to termination.

14.2 Termination by Hontza

We may suspend or terminate your account immediately, without prior notice, if:

• You violate these Terms
• You engage in fraudulent or illegal activity
• Your account poses a security risk
• We are required to do so by law or court order
• You fail to pay fees owed
• You provide false or misleading information

14.3 Effect of Termination

Upon termination:

• Your access to the platform will be revoked
• We will cease providing services
• You must pay all outstanding fees
• We may delete your account data after 30 days
• Sections of these Terms that by their nature should survive (indemnification, limitation of liability, dispute resolution) will remain in effect

14.4 No Refunds

Termination does not entitle you to refunds for prepaid fees or services already rendered.

15. Privacy and Data Protection

Your use of our services is subject to our Privacy Policy, which describes how we collect, use, and protect your information. Key points include:

• We collect personal and business information to provide services
• We use industry-standard security measures to protect data
• We share information with service providers and as required by law
• Cryptocurrency transactions are recorded on public blockchains
• We retain records for 5-7 years to comply with legal requirements

By using our services, you consent to data processing as described in our Privacy Policy.

16. Dispute Resolution and Arbitration

16.1 Informal Dispute Resolution

Before initiating arbitration or litigation, you agree to attempt to resolve disputes informally by contacting us at legal@hontza-global.com. We will attempt to resolve the dispute within 60 days.

16.2 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising from or relating to these Terms or our services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

Arbitration Procedures:

• Arbitration will be conducted by a single neutral arbitrator
• The arbitrator's decision is final and binding
• Arbitration will be held in Nevada or remotely via videoconference
• Each party bears its own attorneys' fees unless otherwise awarded by the arbitrator
• The arbitrator may award the same relief available in court

16.3 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. You may only seek relief on your own behalf, not on behalf of a class or group.

16.4 Exceptions

Either party may seek relief in small claims court for claims within that court's jurisdiction. Additionally, we may seek injunctive or equitable relief in court to protect our intellectual property rights.

16.5 Opt-Out Right

You have the right to opt out of arbitration by sending written notice to legal@hontza-global.com within 30 days of accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of the arbitration agreement.

17. Governing Law

These Terms and any disputes arising from or related to our services shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law principles.

If arbitration does not apply (due to opt-out or exceptions), you consent to the exclusive jurisdiction of state and federal courts located in Nevada.

18. Miscellaneous Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Hontza regarding our services and supersede all prior agreements or understandings.

18.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

18.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

18.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

18.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

18.6 Relationship

These Terms do not create a partnership, joint venture, employment, or agency relationship between you and Hontza.

18.7 Force Majeure

Neither party shall be liable for failure or delay in performance due to causes beyond its reasonable control, including natural disasters, war, government actions, internet failures, or blockchain network disruptions.

18.8 Notices

Legal notices must be sent via email to legal@hontza-global.com or via certified mail to our registered address in Nevada.

18.9 Language

These Terms are provided in English. Any translations are for convenience only. In case of conflict, the English version prevails.

19. Contact Information

For questions regarding these Terms of Service, please contact:

Last Updated: January 31, 2026