Acceptance of terms

Thank you for choosing Hata. All terms and references used in this Auto-Invest Terms of Use (“AI Terms”) shall have the same meanings given to them in our Terms and Conditions (“Hata Terms of Use”) and the Privacy Policy as updated from time to time (collectively, the “Hata Services Terms”). Where a term is defined in both the Hata Services Terms and in these AI Terms, for the purposes of these AI Terms only, the definition used in these AI Terms shall prevail.

These AI Terms shall be supplemental to and shall be read together with the Hata Services Terms. References in the Terms and Conditions to the Hata Site or Hata Exchange (collectively, the “Platform”) shall include references to the Auto-Invest Services (as defined below) contemplated under these AI Terms unless expressly stated otherwise.

This version of the AI Terms shall replace and supersede any previous agreements between us with respect to Auto-Invest Services and any previous versions of these AI Terms that may have been accepted through, or otherwise made available on the Platform. By entering into Auto-Invest Transactions, you confirm your acceptance of these AI Terms and other applicable terms.

Auto-Invest Services

Cryptocurrency investments are inherently volatile and high-risk. Auto-Invest Services does not guarantee profits or protect against losses. You alone bear the risk of market fluctuations, and past performance is not indicative of future results. You agree and acknowledge that once Hata has purchased cryptocurrency on your behalf, your order is final and binding and a refund is not possible.

By accessing and using the Auto-Invest Services, you acknowledge and agree that you have read, understood and accepted all of the terms and conditions in these AI Terms and you acknowledge and agree that you will be bound by and will comply with these AI Terms. If you do not understand and accept these AI Terms in their entirety, you should refrain from accessing or using the Auto-Invest Services.

By using the Auto-Invest Services, you give Auto-Invest Instructions (as defined below) to us and hereby authorise us to:

  • Undertake Auto-Invest Transactions in accordance with your Created Plan; and
  • Deduct Auto-Invest Fees from your purchased Auto-Invest Assets prior to depositing the purchased Auto-Invest Assets into your Cryptocurrency Wallet, in accordance with your Auto-Invest Instructions.

Your Auto-Invest Instructions continue until they are paused or cancelled in accordance with the AI Terms.

Auto-Invest Transactions

You agree to buy digital assets at the prices offered by Hata on each Auto-Invest Date (as defined below).

You may Auto-Invest in up to 5 Auto-Invest Cryptocurrency in a single Created Plan. Users are allowed a maximum of 5 Created Plans. We reserve the right to reduce or increase the maximum number of Auto-Invest Cryptocurrencies that may be invested in per Created Plan, or the maximum number of Created Plans per user at our sole and absolute discretion.

The prices for digital assets purchased under Auto-Invest Transactions may differ from the prices displayed on other products under our Platform, such as our Instant Buy/Sell and Hata Exchange. The prices for digital assets for Auto-Invest Transactions are determined at execution and may differ significantly from displayed prices due to market volatility. Please consider these differences carefully before using our Auto-Invest Service.

Please note that once your Created Plan has been successfully created, you will not be allowed to amend your Created Plan. Users who wish to make changes to their Created Plan will instead be required to terminate the relevant Created Plan and create a new plan instead. As such, users are reminded to ensure that all parameters and information are accurately selected when creating their Created Plan.

If the Platform is not accessible, or due to scheduled or emergency maintenance during the Auto-Invest cycle (Down Period), your transaction will only resume when the Platform is back in service. During a Down Period, we will not execute Auto-Invest Transactions but will attempt to resume service as soon as practicable. Users acknowledge that Hata is not liable for price changes during a Down Period or for failure caused by third-party providers (e.g. card networks, banks, etc.).

Funding Your Auto-Invest Transactions Through Your Hata Account

Hata allows first-party deposits to users’ Hata Accounts only. In other words, users will not be allowed to fund their Hata Account by making deposits to or receiving deposits from third party bank accounts that do not belong to you. You therefore agree and represent that you will only use a bank account belonging only to you (and not that of a third party or legal entity) and that the name/owner of such bank account will match the name on the KYC documents that you provide to us.

Hata Malaysia Users

Hata Malaysia only accepts fiat currency to fund Auto-Invest Transactions. Please ensure that you deposit and maintain sufficient balances of fiat currency in your Hata Account’s Fiat Wallet to facilitate the Auto-Invest Transactions pursuant to your Created Plan. Processing times may vary subject to your bank’s internal processing times.

Hata Global Users

Hata Global accepts digital assets or fiat currency to fund Auto-Invest Transactions. Please ensure that you deposit and maintain sufficient balances of digital assets in your Hata Account’s Cryptocurrency Wallet or alternatively, sufficient balances of fiat currency in your Hata Account’s Fiat Wallet to facilitate the Auto-Invest Transactions pursuant to your Created Plan.

Insufficient Balances

If you do not have sufficient digital assets in your Cryptocurrency Wallet or Fiat Currency in your Fiat Wallet to complete an Auto-Invest Transaction, Hata will not undertake the Auto-Invest Transaction, in part or in full. Notwithstanding the preceding sentence, your Auto-Invest Instructions will continue, and Hata will attempt to complete the next scheduled Auto-Invest Transaction, in accordance with your Created Plan. Hata will attempt to deduct funds from your Cryptocurrency Wallet or Fiat Wallet for up to 30 cycles - after 30 cycles, your Created Plan will be automatically paused.

Funding your Auto-Invest Transactions Through Card Payments

You may also fund your Auto-Invest Transactions via Visa/Mastercard debit or credit card payments (subject to the Hata platform that you have onboarded with). In order to fund Auto-Invest Transactions via card payments, you must first complete 3DS and zero-dollar authentication in order to activate your card. Cards that do not support 3DS will not be able to be added. Please note that we currently support Visa and Mastercard only.

Users are allowed to add one card at a time to their Hata Account (“Designated Card”), with a maximum of three (3) different cards to their Hata Account within the Hata Account’s lifetime. You must remove a Designated Card before being able to add a new card to your Hata Account. Should you reach the maximum number of added cards to your Hata Account during your Hata Account’s lifetime, you will no longer be able to add new cards to your Hata Account. Cards that have been removed from your Hata Account cannot be re-added to your Hata Account within the next 48 hours. Hata Malaysia users may add cards that have been issued in Malaysia only.

Hata allows first-party card transactions only. In other words, users will not be allowed to add cards belonging to third parties to their Hata Account. You therefore agree and represent that you will only use a debit/credit card belonging only to you (and not that of a third party or legal entity) and that the name on the card will match the name on the KYC documents that you provide to us. In the event that a user believes or suspects that a card was erroneously added to their Hata Account, please reach out to [email protected] immediately upon becoming aware of such unauthorised addition.

Depending on the Hata platform that you are using, you may be able to add debit and/or credit cards. Hata reserves sole discretion for changing the types of cards that may be used to fund Auto-Invest Transactions. Currently, only debit cards are supported for Hata Malaysia users, while both debit and credit cards are supported for Hata Global users.

Users who opt to use card payments to fund their Auto-Invest Transactions are subject to a minimum purchase of RM100 per transaction for Hata Malaysia users or USD100 per transaction for Hata Global users. Spending limits shall apply and shall reset on a monthly basis.

In the event that your card is unable to be charged for an Auto-Invest Transaction, you will be notified in-app and via email of such failure. In such cases, Hata will not undertake the Auto-Invest Transaction. Notwithstanding the preceding sentence, your Auto-Invest Instructions will continue, and Hata will attempt to complete the next scheduled Auto-Invest Transaction, in accordance with your Created Plan. Hata will attempt to charge your Designated Card for up to 3 cycles - after 3 cycles, your Created Plan will be automatically paused and you will be notified accordingly via in-app notifications and via email.

We will notify you via email and in-app notifications to update the details of your Designated Card in the event that your Designated Card will expire in the next 3 months.

Fees

Crypto/Fiat Service Fees

Auto-Invest Fees amount to 1% on MYR/crypto pairs and 0.5% on USDT/crypto pairs on all purchases arising from Auto-Invest Transactions funded through your Hata Account. Users may find out actual fee amounts and deductions charged per transaction in the Auto-Invest purchase summary and history. The Auto-Invest Fees are deducted from the purchased Auto-Invest Assets before the Auto-Invest Assets are deposited into your Cryptocurrency Wallet.

Card Service Fees for Hata Malaysia Users

Auto-Invest Fees for debit card users on Hata Malaysia amount to a service fee of 2.8% on all purchases arising from Auto-Invest Transactions. These fees cover the cost of real-time transaction processing, fraud screening, and operational support, and are not charges imposed by card networks or banks.

All applicable fees will be displayed prior to payment confirmation. By initiating an Auto-Invest Transaction via card payments, you agree to the fees above. Users may also find out actual fee amounts and deductions charged per transaction in the Auto-Invest purchase summary and history. The Auto-Invest Fees are deducted from the purchased Auto-Invest Assets before the Auto-Invest Assets are deposited into your Cryptocurrency Wallet.

The total amount of fees that you will pay will always match the fees displayed prior to payment confirmation. We do not charge any additional fees beyond what is displayed to you. If your card statement shows charges higher than the amount displayed on our platform, these may be fees applied by your bank (e.g. foreign transaction fees, currency conversion, or cross-border charges, as may be applicable to you). Please contact your bank directly for clarification on these charges.

Auto-Invest Record

Hata will create an Auto-Invest Record for you.

Digital Assets Purchased with Auto-Invest

Digital assets purchased in accordance with these AI Terms will be automatically transferred to users’ Cryptocurrency Wallet in your Hata Account.

In the event that we are unable to execute a purchase for an Auto-Invest Cryptocurrency specified by you in your Created Plan(s), the Fiat Currency or digital assets that were deducted from your Fiat Wallet or Cryptocurrency Wallet (as the case may be) will be refunded to your respective wallet(s). Our inability to execute a purchase for one or more Auto-Invest Cryptocurrencies specified by you in your Created Plan(s) does not affect the execution of purchases for other Auto-Invest Cryptocurrencies, and we will continue attempting to execute purchases for the Auto-Invest Cryptocurrencies specified by you in your Created Plan(s) until the purchase is successful.

Created Plan

Your Created Plan contains the following details:

  • The Auto-Invest Cryptocurrency you have instructed Hata to acquire;
  • The Hata Account that you will use to acquire Auto-Invest Assets;
  • The frequency at which Auto-Invest Assets will be acquired; and
  • The quantity of Auto-Invest Assets that will be acquired at each Auto-Invest Date.

You can cancel your Auto-Invest Instructions or pause your Created Plan at any time before the Auto-Invest Date. In order to do so, you must follow the instructions on the Platform.

Hata may, upon providing you with reasonable notice, modify your Created Plan and/or your plan settings more generally due to or relating to factors such as upgrades to our services, rebranding of digital assets, and/or product feature changes. This is to facilitate successful execution of Auto-Invest plans in the event of disruptions resulting from such aforementioned upgrades, rebrandings, and/or product feature changes.

You will be emailed one (1) day before to remind you of an upcoming Auto-Invest Transaction, and you shall have up to one (1) hour before execution of such Auto-Invest Transaction to make any changes to your Auto-Invest Transaction. Your Created Plan will be locked one (1) hour prior to the execution of any Auto-Invest Transaction, and your card and/or wallet balances will be charged in preparation for the execution of such Auto-Invest Transaction. The price(s) of the relevant cryptocurrency(ies) designated in your Created Plan will be fetched at the point of execution and allocated to your Crypto Wallet(s) accordingly.

Account Termination, Suspension, Holds and Restrictions

In relation to the termination clause under our Hata Terms of Use (“Restriction, suspension, and termination), should your account be terminated, suspended or restricted, regardless of our obligation to notify you as required under the Hata Terms of Use, the following events shall apply to the Auto-Invest Service:

  • In the event of an account suspension of restriction, the corresponding Created Plan will be put on hold, meaning no Auto-Invest Transaction will be executed during the time that your account is under suspension or restriction.
    • Your Auto-Invest Plan will resume automatically after access to your account is restored. You will not be required to manually reactivate your Created Plan following the lifting of any account suspension or restriction.
  • In the event of an account termination, the corresponding Auto-Invest plan will be cancelled.

Hata may terminate or restrict users’ Hata Accounts that violate these terms, Applicable Law, or engage in suspicious activity. Terminate users forfeit their pending Auto-Invest Transactions and must settle any outstanding fees that have accrued.

Chargebacks, Fraud, and Transaction Cancellation Requests

Chargebacks

By funding your Auto-Invest Transactions via debit/credit card payments, you agree and represent that you will not make any chargebacks, and/or deny or reverse any transactions that you have made.

If a user initiates a chargeback or disputes an Auto-Invest Transaction that was funded by the user’s debit/credit card, Hata reserves the right to:

  • Immediately pause all of the user’s Created Plans and freeze the user’s account pending Hata’s investigation;
  • Reverse any cryptocurrency purchased with the disputed funds at the current market rate, which may result in losses due to price fluctuations;
  • Blacklist the user from funding their Hata Account via debit/credit cards if the chargeback is deemed fraudulent.

Fraud Prevention

Users must notify Hata immediately at [email protected] if they suspect any unauthorised addition of cards to their Hata Account.

You acknowledge that Hata is not and that you will not hold Hata liable for unauthorised use by any third party of your debit/credit cards, irrespective of whether or not the debit/credit cards were reported as stolen.

Refund Policy

Due to the irreversible nature of cryptocurrency transactions, we are unable to provide any refunds on completed Auto-Invest Transactions.

However, you are entitled to a refund where an authorised or incorrect transaction occurs as a result of our fault, provided that you have notified us within 72 hours of its occurrence, and you have not, in our opinion, acted fraudulently, intentionally, or negligently.

No Retroactive Cancellations

Users cannot cancel completed Auto-Invest Transactions. Disputes over executed transactions must be raised within 24 hours via [email protected]

Governing Law

These AI Terms shall be governed by and interpreted in accordance with the laws of Malaysia. Any disputes arising from these AI Terms shall be resolved exclusively in the courts of Malaysia.

In the event of any complaints, users are encouraged to reach out to [email protected] first before pursuing legal action.

Defined Terms

"Applicable Law" means all relevant or applicable statutes, laws (including rules of common law), principles of equity, rules, regulations, regulatory principles and requirements, notices, orders, writs, injunctions, judgments, bye-laws, rulings, directives, proclamations, circulars, mandatory codes of conduct, guidelines, practice notes and interpretations (whether of a governmental body, regulatory or other authority, or self-regulatory organisation of which Hata is a member), that are applicable to the provision, receipt or use of our services, or any other products or deliverables provided, used or received in connection with these terms.

"AI Terms" means these terms of use.

"Auto-Invest Service" means the Hata service identified as “Auto-Invest' on the Platform, allowing you to give Hata your Auto-Invest Instructions in accordance with these AI Terms.

"Auto-Invest Record" means a record of digital assets acquired in accordance with these AI Terms.

"Auto-Invest Assets" means a digital asset acquired by you in accordance with these Terms.

"Auto-Invest Cryptocurrency" means the currency of the Auto-Invest Asset (e.g., BTC, ETH etc.).

"Auto-Invest Date" means the date and time on which an Auto-Invest Transaction takes place.

"Auto-Invest Fees" means the service fees charged by Hata when undertaking an Auto-Invest Transaction according to your Auto-Invest Instructions.

"Auto-Invest Instructions" means the instructions you give Hata in accordance with these AI Terms.

"Auto-Invest Transaction" means a transaction, and any subsequent transactions, undertaken by Hata in accordance with your Created Plan.

"Created Plan" means your Instructions given in accordance with these AI Terms that contain the details in clause 7.

"Down Period" means any interval when the Platform is inaccessible or out of service, including, but not limited, to instances of scheduled or emergency maintenance.

"Fiat Currency" means a currency or digital asset linked to a currency that is declared legal tender by a government.

"Fiat Wallet" means the electronic wallet that stores users’ Fiat Currency.

"Platform" means the digital platform that Hata or any of our Affiliates may make accessible to you via Sites, the Mobile App, a Hata API or by such other means as Hata Affiliates may prescribe from time to time for the use of our Services.