Terms of Use background

Terms of Use

Last updated: October 1st, 2025

The learning management system THA Academy ("LMS") is a tool that allows users to take courses, manage their registration and obtain certifications. It thereby provides users the opportunity to enjoy valuable educational content and furthers The Hashgraph Association's ("THA", "we," "us," "our") aim to promote the Hedera Hashgraph ("Hedera") universe. These Learning Management System Terms and Conditions ("LMS T&Cs") govern the use of the LMS and constitute a binding agreement between THA and you, whether personally or on behalf of an entity ("you", "your") (THA and you each a "Party" and together the "Parties"). These LMS T&Cs apply to any use of the LMS, including all content of or provided by the THA to you by any means (such by content like texts, videos, pictures, logos, or music made available online or through digital means respectively, provided during online or live sessions, seminars, or sent by email to the user).

BY USING THE LMS YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE LMS T&CS. IF YOU DO NOT AGREE, PLEASE DO NOT TAKE ANY COURSES.

1. Eligibility

In order to use the LMS or the Services (as defined below), you must meet the following criteria:

  • If you are using the LMS or the Services as an individual, you must be of legal age in the jurisdiction in which you reside and must have the legal capacity to enter into these LMS T&Cs and be bound by them;
  • If you are using the LMS or the Services as or on behalf of a legal entity, you must have the legal authority to accept these LMS T&Cs on that legal entity's behalf, in which case "you" (except as used in this paragraph) will mean that entity;
  • You must not reside in a jurisdiction where use of the LMS or the Services is illegal or would require a special license or authorization that you do not possess; and
  • You must not be (i) the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties; (ii) in contravention of any laws and regulations pertaining to anti-money laundering or terrorist financing in any jurisdiction; (iii) included on the List of Specially Designated Nationals and Blocked Persons maintained by the US Treasury Department's Office of Foreign Assets Control (OFAC) or on any list pursuant to the Swiss State Secretariat for Economic Affairs, European Union (EU) and/or United Kingdom (UK) regulations; or (iv) operationally based or domiciled in a country or territory in which sanctions imposed by the United Nations (whether through the Security Council or otherwise), 2 OFAC, the Swiss Confederation, the EU and/or the UK apply, or otherwise pursuant to sanctions imposed by the United Nations, OFAC, the Swiss Confederation, EU, or UK.

The use of the LMS and the Services must be in accordance with these LMS T&Cs and the applicable regulations. Further, we reserve the right, without replacement, to limit or refuse your eligibility to use the LMS or the Services for any reason in our sole discretion, including where your participation is prohibited by any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or another directive, requirement, or guideline, published or in force that applies to or is otherwise intended to govern or regulate any person. If we become aware of any violation of these LMS T&Cs and/or the Terms of Use, we may elect to, among other things, prohibit you from using the LMS and the Services.

By taking courses on the LMS, you represent and warrant that you meet the requirements contained in these LMS T&Cs. If you do not meet the requirements contained in these LMS T&Cs, you cannot use the LMS.

2. Course Content and Nature of Training

THA offers training in connection with the Hedera distributed ledger, offering students the opportunity to learn more about this ecosystem. To the extent that any training refers to the ecosystem's native cryptocurrency, known as HBAR, please note that any such content is purely informational and to be understood in an educational context. It is not intended to be an invitation to buy, hold, or sell investment products or other financial instruments/products, nor is it intended to facilitate such transactions. No individual advisory or information relationship is established. Furthermore, no individual or general investment recommendation is made, and no other financial service is provided. Any use of the content for personal investment decisions is at the user's own risk and excludes any liability on the part of THA.

3. Access to LMS Platform

You must set up an account to use the LMS, which requires accurate and complete information, such as an email address. You agree to keep your username and password secure, because you're responsible for all activity associated with your account. If you suspect someone else is using your account, let us know by contacting our Support Team. THA employees will never ask you for your password.

To the extent that you are a natural person and your registration is submitted by a legal entity (such as a third party services provider or an educational institution), please note that any such registrations are only permitted to the extent that the legal entity has confirmed to us that it holds the required consents from you. Any account so created shall be that of the natural person and not of the legal entity. Be aware that the legal entity may have the right to access some or all of your personal data generated in connection with the use of the LMS, including, but not limited to, course progress, test results, and certifications. The legal entity undertakes to use this personal data only for lawful purposes and to comply with applicable data protection laws.

You are also responsible for ensuring that your computer configuration is free of viruses, meets the technical requirements for using the LMS, and functions properly. THA cannot be held liable in this regard. All costs related to the purchase of hardware, telephone connection, and the provision of an internet connection by a provider are the responsibility of the user. The LMS offers access to courses that are administered via the LMS and that offer training and certification. It enables a transparent, inclusive, and efficient process that empowers the members of the Hedera community to expand their knowledge on the ecosystem.

We reserve the right to modify or discontinue access to the LMS or any course for any reason at any time without liability or further obligation to you.

You must not attempt to gain unauthorized access to the content, whether by hacking, password guessing, backdoors, code injection, or any other means. You also agree not to engage in any activities that violate applicable laws or regulations in your local jurisdiction.

4. THA Membership

4.1 General

By signing up for the LMS you concurrently apply for membership as a non-voting Community Member of THA in accordance with the Articles of Association. It is within THA's complete discretion to accept or reject any such application. Upon acceptance of your application, a legally binding contract will be created between you and THA and you will be given access to the THA membership platform ("Platform"), which (1) provides information about THA, and (2) provides a closed member's area ("Members Area") (all services offered together "Services"). These terms of use govern the use of the Platform and constitute a binding agreement between THA and you (the "Contract").

4.2 Contract

This Contract applies to https://www.hashgraph.swiss , communications, and other Services that state that they are offered under this Contract. By entering into this Contract, you agree that (1) you will only have one THA account, which must be in your real name; and (2) you are not already restricted by THA from using the Services. Creating an account with false information is a violation of our terms, including applications for membership on behalf of others.

4.3 Obligations of Members

4.3.1 Account

Your account will be fully set up once you have become a Member. Members are account holders. You agree to: (1) protect against wrongful access to your account (e.g., use a strong password and keep it confidential); (2) not share or transfer your account or any part of it (e.g., sell or transfer the personal data of others by transferring your connections); and (3) follow the law. You are responsible for anything that happens through your account unless you close it or report misuse. Where you are applying as a legal entity, you may choose to apply for an "Entity Log-in" as an authorized user.

4.3.2 Member Profiles

Each Member will have an online profile with basic information that may be visible to other Members and authorized users. Members can populate their online profile with certain additional information. Some of the profile data (including name and certificates obtained via the LMS) cannot be changed by the user. However, the user may re-quest changes at any time in writing or by email, stating the reason for the change. Further, each Member may request at any time in writing or by email that the online profile is deleted, or no longer visible to other Members and authorized users.

4.3.3 Fees

Our Services may be subject to fees. In the event that any fees are payable by you to us, this will be communicated to you separately.

4.3.4 Notices and Messages

You agree that we will provide notices and messages to you through our websites, apps, and contact information.

4.3.5 Sharing

When you share information on our Services, others can see, copy and use that information.

Our Services allow sharing of information (including content) in many ways, such as through your profile, posts, articles, group posts, and messages. Depending on the feature and choices you make, information that you share may be seen by other Members, or others (on or off the Services).

To the extent that the law allows this, we are not obligated to publish any content or other information on our Services and can remove it with or without notice.

4.3.6 Your License to THA

You own all of your original content that you provide to us, but you also grant us a non-exclusive license to it. You grant THA and our affiliates a worldwide, transferable and sublicensable right to use, copy, modify, distribute, publicly perform and display, host, and process your content and other information without any further consent, notice and/or compensation to you or others.

You promise to only provide content and other information that you have the right to share. You agree to only provide content and other information that does not violate the law or any-one's rights (including intellectual property rights). You have choices about how much information to provide on your profile but also agree that the profile information you provide will be truthful. THA may be required by law to remove certain content and other information in certain countries.

4.3.7 Service Availability

We may change or limit the availability of some features or end any Service. 5 We may change, suspend or discontinue any of our Services. We may also limit the availability of features, content and other information so that they are not available to all Members (e.g., by country or by type of membership).

THA is not a storage service. You agree that we have no obligation to store, maintain or pro-vide you a copy of any content or other information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Notice. THA accepts no responsibility for the content, data, and/or information provided by users of the Platform or third parties, nor for content on linked external websites. In particular, THA does not guarantee that this content is true, fulfills a specific purpose, or can serve such a purpose.

4.3.8 Other Content, Sites and Apps

Your use of other's content and information posted on our Services, is at your own risk.

Others may offer their own products and services through our Services, and we are not re-sponsible for those third-party activities.

Similarly, the Platform may help you register for and/or attend events organized by other Members and connect with other Members who are attendees at such events. You agree that (1) THA is not responsible for the conduct of any of the Members or other attendees at such events, (2) THA does not endorse any particular event listed on our Services, (3) THA does not review and/or vet any of these events or speakers, and (4) you will adhere to the terms and conditions that apply to such events.

4.3.9 Limits

We have the right to limit how you connect and interact on our Services. THA reserves the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Services.

4.3.10 Your Representations

You agree that you will not:

  • Create a false identity on THA, misrepresent your identity, create a Member profile for anyone other than yourself unless you have that person's permission, or use or at-tempt to use another's account (such as sharing log-in credentials or copying cookies);
  • Develop, support or use software, devices, scripts, robots or any other means or processes (such as crawlers, browser plugins and add-ons or any other technology) to scrape or copy the Services, including profiles and other data from the Services;
  • Override any security feature or bypass or circumvent any access controls or use limits of the Services (such as search results, profiles, or videos);
  • Copy, use, display or distribute any information (including content) obtained from the Services, whether directly or through third parties (such 6 as search tools or data aggregators or brokers), without the consent of the content owner;
  • Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer);
  • Violate the intellectual property rights of others, including copyrights, patents, trade-marks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission;
  • Violate the intellectual property or other rights of THA, including, without limitation, (i) copying or distributing our learning videos or other materials, (ii) copying or distributing our technology, unless it is released under open source licenses; or (iii) using the words "The Hashgraph Association" or our logos in any business name, email, or URL;
  • Post (or otherwise share) anything that contains software viruses, worms, or any other harmful code;
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
  • Imply or state that you are affiliated with or endorsed by THA without our express consent;
  • Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without THA's consent;
  • Use bots or other unauthorized automated methods to access the Services, add or download contacts, send or redirect messages, create, comment on, like, share, or re-share posts, or otherwise drive inauthentic engagement;
  • Engage in "framing", "mirroring", or otherwise simulating the appearance or function of the Services;
  • Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
  • Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, manipulating algorithms);
  • Violate certain third party terms where applicable, or any additional terms concerning a specific Service that are provided when you sign up for or start using such Service;
  • Use our Services to do anything that is unlawful, misleading, discriminatory, or fraudulent; and/or
  • Misuse our reporting or appeals process, including by submitting duplicative, fraudulent or unfounded reports, complaints or appeals.

5. Offering Courses

All courses on the LMS are offered by the THA and no third parties will be allowed to run their courses or publish their materials via the LMS.

6. Registration for and Conduct of Courses

Registration for the courses is done via the respective online registration form on the website

THA reserves the right to reject registrations without stating a reason.

THA reserves the right to make changes to the program and the organization, as well as to the selection and deployment of speakers. The course description is non-binding; there is no guarantee that all content will be delivered exactly as announced. In the event of course cancellations, no compensation will be provided.

The requirements for receiving a certificate of participation such as minimum attendance rate, completion of an exam) will be communicated to all registered course participants.

7. Course Certificates

Course certificates will be issued in PDF-format. There may be the option for you to obtain the course certificate as a non-fungible token, in which case you are required to have a compatible wallet. Further information on this option will be released upon request once any applicable courses have been completed.

8. Costs

No course fee is currently payable. The use of the LMS is therefore free of charge.

9. Privacy

The Parties agree that each Party shall act as an independent controller, and as such comply with applicable data protection law, including when disclosing personal data to the other Party. In particular, you agree to obtain all legally required authorization and consent declarations before submitting personal data (including of third parties) to the LMS and the Platform.

THA takes appropriate technical and organizational measures to ensure data security. THA informs about the collection and processing of personal data in its Privacy Notice.

10. Confidentiality

Given the open architecture of the LMS (see Sections 2, 3 and 6), you are aware and accept that all information you submit to the LMS will be public to all users of the LMS and that this agreement does not impose any confidentiality obligation on the participants or THA. Only user data will be kept confidential, except when a user makes it publicly available on the LMS in any way or on the Hedera Hashgraph blockchain by way of having minted an NFT course completion certificate, if any.

11. Publicity / Communication

Photos, videos and screenshots of the LMS and users' achievements will not usually be published in the media and in our channels, such as on the THA website, newsletter and social media, except in cases where individuals do not stand out, such as photos of crowds, and where we have a legitimate interest in marketing THA. Where necessary, THA will obtain your consent before publishing photos or videos of you. Please see the Privacy Notice for more information.

12. Technical Requirements

Access to and use of the LMS requires suitable and compatible devices. It is the responsibility of the user to ensure that the devices are set up and maintained in a condition that allows access to and use of the LMS. You may only access the content using a standard web browser on a computer or mobile device. Any other software or automated tools (including scrapers, spiders, robots, or similar methods) to access, copy, or reproduce the content in whole or in part are prohibited. THA does not guarantee that the internet connection will function without errors or interruptions. Technical issues that are not demonstrably caused by THA or the LMS do not entitle you to a refund or any other claims. THA makes great efforts to keep its infrastructure free from viruses but cannot guarantee this. Should you copy files from THA, we assume no liability for any damages of any kind caused by viruses.

13. Disclaimer

13.1 LMS

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE LMS, ITS COURSES OR ANY SERVICES PROVIDED BY ANY OF OUR SERVICE PROVIDERS, COLLABORATORS, OR OTHER THIRD PARTIES IN CONNECTION WITH THE LMS OR ANY COURSES. WE WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY ACTIVITIES BETWEEN YOU AND ANY OF OUR SERVICE PROVIDERS, COLLABORATORS OR OTHER THIRD PARTIES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR ACTIVITIES WITH OTHER PERSONS OR ENTITIES WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE LMS. FURTHER, WE MAKE NO GUARANTEES OR WARRANTIES THAT ANY PARTICULAR RESULT WILL BE OBTAINED FROM THE LMS, ANY COURSE OR THIS AGREEMENT.

The use of strategies, tools, and products covered in the course is at your own risk and responsibility.

To the extent covered in any of the courses you participate in, you are aware that trading in cryptocurrencies, crypto-related products, or similar instruments involves a high level of risk and may not be suitable for you. Any liability of THA for your financial losses is excluded.

Additional costs for software and accessories required for participation in the course shall be borne by you.

If liability cannot be excluded under mandatory applicable law, it shall be limited to [CHF/USD] 1,000.

13.2 Platform

13.2.1 No Warranty

THA MAKES NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PRO-VIDE VIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THA DISCLAIMS ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

13.2.2 Exclusion of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THA WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.

THA WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO THA FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY, OR (B) USD 100.

13.2.3 Basis of Bargain; Exclusions

The limitations of liability in this Section 13.2 are part of the basis of the Contract between you and THA and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if THA or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

THESE LIMITATIONS OF LIABILITY DO NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL IN-JURY OR FOR FRAUD, GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, OR IN CASES OF NEGLIGENCE, WHERE A MATERIAL OBLIGATION HAS BEEN BREACHED. A MATERIAL OBLIGA-TION BEING AN OBLIGATION WHICH FORMS A PREREQUISITE TO OUR DELIVERY OF SERVICES AND ON WHICH YOU MAY REASONABLY RELY, BUT ONLY TO THE EXTENT THAT THE DAMAGES WERE DIRECTLY CAUSED BY THE BREACH AND WERE FORESEEABLE UPON CONCLUSION OF THIS CONTRACT AND TO THE EXTENT THAT THEY ARE TYPICAL IN THE CONTEXT OF THIS CONTRACT.

14. Governing Law and Dispute Resolution

These Terms will be governed and construed in accordance with the substantive laws of Switzerland, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Any dispute, controversy or claim arising out of or in relation to this agreement, including the validity, invalidity, breach or termination thereof, shall be submitted to the exclusive jurisdiction of the competent courts of Freienbach/Pfäffikon SZ, Switzerland.

15. Intellectual property

The content of the LMS and the Services is owned by THA. It is protected by the applicable proprietary rights and constitutes the intellectual property of THA. Without the express permission of THA, it may not be copied, reproduced, 10 published, downloaded, sent, transmitted, distributed, sold, used, or otherwise modified in any way. THA retains ownership of all intellectual property rights relating to the learning content on THA. This includes, but is not limited to, programs, data, audio recordings, texts, images, graphic designs, and videos, which are protected under intellectual property regulations and copyright law (including patent and trademark rights), as well as the applicable international legal provisions on intellectual property. Trademarks and logos used in connection with the Services are the trademarks of their respective owners.

16. Final Provisions

Entire Agreement. hese LMS T&Cs constitute the entire and exclusive understanding and agreement between THA and you regarding the LMS and the Services and supersede and replace any and all prior oral or written understandings or agreements between THA and you regarding the LMS and the Services.

Amendments. THA reserves the right to alter, amend or modify these LMS T&Cs from time to time, in our sole discretion, due to legislative or regulatory measures, technical developments, any change or improvement of the LMS including security reinforcement of the LMS. If you continue to use the LMS after we have modified the LMS T&Cs, you are agreeing to be legally bound, and to abide by the modified LMS T&Cs. Notice of update will be given by updating the date at the top of these LMS T&Cs If you do not agree to be bound by the modified LMS T&Cs, then you may not use the LMS. Because our offerings are evolving over time we may change or discontinue all or any part of the LMS at any time and without notice, in our sole and absolute discretion.

Term and Termination. These LMS T&Cs commence on the date they are first published on the THA website and will remain in effect until terminated. You may stop using the LMS or the Services at any time. We may suspend or terminate your access to the LMS or the Services at any time and without notice. On termination, you lose the right to access or use the LMS or the Services. Sections 4, 9, 11, 13, 14 and 16 of these LMS T&Cs shall survive termination. Any amounts owed by either party prior to termination (such as fees) remain owed after termination.

Assignment. You may not assign your rights or obligations under these LMS T&Cs in whole or in part to any third party. You acknowledge and agree that THA may assign its rights and obligations under these LMS T&Cs and, in such context, share or transfer information provided by you while using the LMS or the Services to a third party. There are no third-party beneficiaries under these LMS T&Cs.

Severability. If any provision, or portion of provision, contained in these LMS T&Cs invalid or unenforceable, the remaining provisions, or the remaining portion of such provision, shall remain in full force and effect. Instead of the invalid provision, a rule shall apply that achieves as closely as possible the intention of the Parties in drafting the invalid provision.

Waiver. Our failure to enforce any right or provision of these LMS T&Cs will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of THA. Except as expressly set forth in these LMS T&Cs, the exercise by either Party of any of its remedies under these LMS T&Cs will be without prejudice to its other remedies under these LMS T&Cs or otherwise.

Languages. The English version of these LMS T&Cs will be the binding version and all communications, notices, and other actions and proceedings relating to these LMS T&Cs will be made and conducted in English, even if we choose to provide translations of these LMS T&Cs into the native languages in certain countries. To the extent allowed by law, any inconsistencies among the different translations will be resolved in favor of the English version.

Headings. Any heading, caption, or section title contained is inserted only as a matter of convenience only and may not be used to interpret any section or provision hereof.

Force Majeure. You understand and acknowledge that the LMS or the Services may be subject to limitations, delays and other problems inherent in the use of third-party communication networks and facilities that are outside of THA's control, and thus THA will not be responsible for any delays, failures, or damages associated with the LMS or the Services which result from any system delays, downtimes, interruptions or other failures of or problems with the LMS or the Services which are outside of THA's control. We will not be deemed to be in breach of or liable for any breach of these LMS T&Cs or our Privacy Notice due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, epidemic, pandemic, acts of governmental authorities and changes in federal, state or local laws and regulations applicable to the provision of the LMS or the Services, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.

International Use. LMS and the Services are operated and managed by THA from its headquarters at Zentrum Staldenbach 5, 8808 Pfäffikon, Schwyz, Switzerland (CH). You agree that the only way to provide us legal notice is at this address. THA makes no guarantee that the LMS or the Services or their content are suitable or lawful for use in jurisdictions outside Switzerland. Users who access the Academy or the Platform from outside Switzerland are solely responsible for complying with all applicable local laws. Access from any country in which the content is considered illegal is strictly prohibited.