Legal Disclaimer

Last updated: 7 Novermber 2024

This website (“Interface”) and the services available on the website (“Services”) are supplied to you, the user (“you”, “user”, or “users”) by Helix Hub S.A. (“Helix”).  

No Solicitation

The Interface is provided for informational purposes only and does not constitute a recommendation, offer, or solicitation to enter into any contract or agreement to provide any investment services; apply for or buy any securities; effect any transactions; or conclude any transaction of any kind whatsoever. You should not rely solely on this Interface but should seek independent professional advice. You acknowledge that your use of this Interface and request(s) for any additional clarification or services via the Interface are unsolicited.

Nothing in this Interface is intended to form the basis for any offer or recommendation, or have any regard to the investment objectives, investment requirements, financial situation, or needs generally of any specific person. No reliance may be placed for any purpose on the Interface provided or the accuracy or completeness thereof and no responsibility can be accepted by Helix or any of its affiliated entities to anyone for any action taken based on the Interface.

Restricted Access

This Interface is not directed at or intended for distribution to any person (or entity) who is a citizen or resident of (or located or established in) any jurisdiction where the use of the Interface would be contrary to applicable law or regulation or would subject Helix to any registration or licensing requirement in such jurisdiction. Persons who wish to access additional areas of the Interface are required by Helix to inform themselves of and to observe any legal or regulatory restrictions which may affect their eligibility to access the Interface or to invest. In any event, professional advice should be sought from a legal, financial, or other professional adviser regarding any request for further information or the suitability of the investment. However, if you choose not to seek professional advice, you should consider the suitability of the Services for yourself.

The Services available on the Interface are intended for sophisticated and experienced users who are capable of understanding the risks associated with alternative investments. These investments are speculative, high risk, and may not be suitable for all users. Helix cannot disclose further information about, and users cannot use certain Services on the Interface, until Helix is satisfied that users meet all regulatory requirements under applicable law.

No Reliance

Nothing in this Interface constitutes any investment, legal, tax, financial or other advice and is not to be relied upon in making any decision with respect to your use of the Services. If you are unsure about the meaning of any part of the Interface, consult your financial, legal, or other professional adviser.

Risk Warning

Users should consider all information provided on the Interface, as well as any other related information it may lawfully obtain from Helix, very carefully prior to deciding to use any of the Services. Purchasing tokenized real world assets (“RWA”) and engaging in private credit involves significant risk, including the risk of loss of principal, illiquidity, and limited secondary market availability. There is no guarantee of returns of any kind. Virtual assets and private credit instruments may be illiquid, and there may be limited opportunities to sell them on secondary markets. Helix does not guarantee the availability of a liquid market for any Services offered on this Interface. You should carefully consider your investment objectives and risk tolerance before using the Interface and any of the Services.

Default Risk

Private credit strategies carry the additional risk of borrower default and there is no assurance that a borrower will be able to repay its debts on time or at all. You should be aware that, in the case of default, you may be unable to recover the principal or interest owed to you in any capacity.

No Liability

Helix disclaims any liability for direct, indirect, or consequential damages arising from the use of this Interface and the Services or reliance on any information provided. The Interface and Services are provided “as is”, and no guarantee of availability, security, or accuracy is given.

No Fiduciary Duty

Helix does not have a fiduciary duty to users of this Interface and Services. Helix does not act as an advisor in any capacity to users, and all decisions made regarding the use of the Services are the sole responsibility of the user.

Third Party Content

The Interface and Services may contain links to third party websites (“Third Party Websites”). Helix has no control over, and assumes no responsibility for, the Third Party Websites and/or the privacy policies, terms of service, or practices or opinions expressed on any Third Party Websites. By using the Interface and the Services and engaging with Third-Party Websites in any way, you release and hold Helix harmless from any and all liability arising from your use of any Third Party Websites and/or the privacy policies, terms of service, or practices or opinions expressed in any Third Party Website.

Any problems, disputes, complaints or similar issues with Third Party Websites should be addressed to the owner of the relevant Third Party Website following the procedures for filing complaints or resolving disputes issued by the relevant Third Party Website.  Helix is not responsible in any way for resolving such disputes or similar issues and disclaims any liability related to any losses or other harm suffered in relation to your use of Third Party Websites.

Non-Security

The virtual assets offered through the Interface and Services are not intended to be securities under the laws of the Republic of Panama or any other jurisdiction. You are responsible for ensuring compliance with applicable laws before using the Services.

No Ownership or Interest in Underlying Assets

Investing in the virtual assets does not automatically confer ownership, control, or interest in the underlying asset itself. Virtual assets represent a digital interest in the product but do not constitute a legal claim to tangible or intangible assets other than the virtual asset itself.

No Assurance of Performance

There is no guarantee that the use of any of the Services on the Interface will yield returns of any kind.

The Interface may contain estimates, projections, or other statements that are not statements of historical fact. Examples include predictions on performance and information about a company’s future business plans and will include forward-looking language such as “may”; “likely”; “potentially”; and “approximately”. Such statements are forward-looking statements and are not statements of fact or a representation, warranty, assurance, or guarantee as to the truth, completeness, accuracy, or eventual fulfilment of the content thereof. There is no guarantee that the strategies and processes contained within the Services will be effective under all market conditions. You should evaluate your ability to use the Services in the short or long term based on your individual risk profile, especially taking into account the effects of any downturn in the market.

Past performance does not guarantee future results. Any information concerning how the Services have performed in the past cannot be held to represent any future performance of any kind.

Conflict

Helix may have affiliations, partnerships, or financial interests in certain Services offered on this Interface, which may result in conflicts of interest. Helix may receive fees or other compensation in connection with investments made on this Interface.

Fees and Expenses

You may be subject to fees, costs, or charges associated with the purchase, sale, or management of Services on this Interface. Detailed fee information will be provided within individual investment documents, and you should review such documents carefully before making an investment decision.

Tax

The tax treatment of virtual assets may vary based on individual circumstances. Users are responsible for understanding and complying with all tax obligations in the jurisdictions relevant to the individual user. Helix does not provide tax, legal, or accounting advice. Any statements made on the Interface, the Services, or by the Helix’s representatives are for informational purposes only and should not be relied upon as tax advice. Users should consult their own tax professionals regarding potential tax liabilities.
Helix is not liable to compensate you for your tax obligations or advise you in relation to your tax obligations. Any uncertainties and unpredictable matters in tax legislation in respect to any virtual assets may expose you to any unknown or unforeseeable tax implications associated with your holding of virtual assets and the use of the Services and the Interface for which Helix will have no liability. Moreover, you will not hold Helix liable for any expenses or losses resulting from unknown or unforeseeable tax implications.
Helix is not responsible for any tax reporting or withholding requirements associated with users’ transactions and assumes no liability for any tax obligations arising from users’ activities with or through the Interface or as a result of the Services. Helix reserves the right, in its sole discretion, to withhold or deduct amounts from users’ accounts to satisfy any tax or regulatory requirements, as may be required by law or as deemed necessary to comply with applicable regulations.

No Commercial Exploitation

The copyright and other intellectual property rights on the Interface are owned by Helix or used by Helix with the appropriate permissions from the owners thereof. You may not reproduce, transmit, modify, store, archive or in any other way use for any public or commercial purpose any of the Interface or Services without the prior written permission of Helix. Unauthorized use of any intellectual property on the Interface is strictly prohibited.

Accuracy of Information

The information herein is based on sources Helix believes to be accurate and reliable as at the date it was made. Helix reserves the right to revise any information herein at any time without notice. Whilst Helix shall use reasonable efforts to obtain information from sources which it believes to be reliable, Helix gives no warranty, guarantee, or other assurance as to the accuracy, completeness, or reliability of any information, opinions, or analyses contained in the Interface. No responsibility or liability can be accepted for any errors or omissions or for any loss resulting from the use of the Interface. Helix may update, revise, or modify the content addressed in the Interface at any time without notice. Information should only be considered current as of the time of initial publication or as otherwise stated in the Interface without regard to the date on which you access the Interface. These exclusions of liability do not apply to the extent that such exclusions are invalid or ineffective under any law or regulation applicable to Helix.

Information provided by third parties is solely the responsibility of those third parties. Helix has not independently verified any third party information and makes no guarantees, warranties, or assurances as to the accuracy, completeness, or reliability of the third party information.

Helix expressly disclaims any and all liability for actions taken based on the information contained on the Interface. The content is provided “as is” and without warranties of any kind, either express or implied, including but not limited to the implied warranties of fitness for a particular purpose, merchantability, or non-infringement. Users are solely responsible for evaluating the accuracy, completeness, and usefulness of any information or other content available through the Interface. Helix shall not be liable for any decisions made or actions taken by users based on reliance on the Interface or for any loss or damage of any kind, including, without limitation, any direct, indirect, incidental, consequential, or punitive damages, even if advised of the possibility of such damages.

Regulatory and Compliance

Helix adheres to applicable regulatory requirements; however, compliance with legal and regulatory obligations is the responsibility of each individual user. You are encouraged to seek independent legal advice to understand applicable regulations and compliance obligations.

You may be subject to Anti-Money Laundering (“AML”) and Know Your Customer (“KYC”) verification procedures before engaging in Services. Failure to complete AML/KYC may limit or restrict access to certain features in the Interface. In particular, FAILURE TO COMPLETE AML/KYC PROCEDURES TO HELIX'S SATISFACTION WILL RESULT IN SEVERE CONSEQUENCES, INCLUDING BUT NOT LIMITED TO A FULL OR PARTIAL RESTRICTION ON THE TRANSFER OF A USER’S ASSETS TO OR FROM THE INTERFACE.

Cyber Security Risk

Helix takes reasonable measures to ensure cyber security, but there is no guarantee against loss due to cyber threats, hacking, or similar risks.

Governing Law and Dispute Resolution

The terms and any dispute arising from the use of the Interface or Services will be governed by and construed in accordance with the laws of the Republic of Panama.

You agree that any dispute, claim, or controversy between you and Helix that arises in connection with, or relating in any way, to the Interface, Services, or any terms and guidelines connected to the Interface and the Services (whether by contract, tort, statute, fraud, misrepresentation, or any other legal theory) will be determined by a mandatory final and binding individual arbitration.

Any controversy or dispute which arise out or is related to this contract, and the interpretation, application, performance and termination thereof, must be decided by Arbitration, following an attempt at Conciliation, administered by the Panama Conciliation and Arbitration Centre in accordance with its procedural rules. The number of arbitrators shall be one (1). The arbitration proceedings shall be conducted in English.

You agree that the arbitration will be kept confidential. The existence of arbitration, or any non-public information provided in the arbitration and any submissions, orders, or awards made in the arbitration will not be disclosed to any non-parties except the tribunal, the parties to the arbitration, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to facilitate the arbitration.

Risk Disclosure Statement

This Risk Disclosure Statement (“Statement”) relates to the risks associated with the use of the Interface, Protocol, and the Services Helix Hub S.A. (“us”, “we”, “our”, or “Company”) offers you, the user, (“you”, “user”, or “users”) under the relevant agreement applicable to your relationship with us (“Agreement”), including any applicable product annex and/or any additional risk disclosures specific to that product or Service. The Statement must be read together with the Agreement.

Any terms used in this Statement that are not expressly defined herein shall have the meanings ascribed to them in our Terms of Service (“Terms”). Please refer to the Terms for any additional definitions for clarification.

IT IS EXTREMELY IMPORTANT THAT PARTICIPANTS READ THIS STATEMENT CAREFULLY AND UNDERSTAND ITS CONTENTS. THIS STATEMENT DOES NOT PURPORT TO ADVISE YOU OF ALL THE RISKS AND SIGNIFICANT ASPECTS OF ANY TRANSACTION. YOU SHOULD CONSIDER ANY ADDITIONAL RISKS CONTAINED IN THE AGREEMENT AND/OR PRODUCT AND COUNTRY ANNEXES. PLEASE CONTACT YOUR OWN INDEPENDENT TAX, LEGAL, FINANCIAL, AND OTHER ADVISORS BEFORE SIGNING THE AGREEMENT.

Before deciding to use any of our Services or enter into any Agreement with us, you must consider the risks inherent in such Services or Agreements, the underlying digital assets or products insofar as you relate to them, the extent of the financial and economic risk to which you are exposed to as a result of any Service, and tax, regulatory, and accounting treatment arising from any Service. Additionally, you should carefully read all relevant documentation, including the Agreement, and any applicable product annexes (together with any term sheets, offering documents, white papers, or prospectuses that those documents may refer to), prior to taking action.

Nothing in the Agreement or this Statement constitutes legal, investment, or financial advice based upon any users’ circumstances, nor is it a recommendation to participate in any of the Services or an endorsement or recommendation of any of the products available. Where you are unclear as to the meaning, effect, or consequences of any of the disclosures, disclaimers, or warnings in the Agreement or the Statement, you are strongly advised to seek independent legal and financial advice before entering into the Agreement or using any of the Services.

The risk of loss involving digital assets can be substantial. You should therefore carefully consider whether such Services are for you in light of your investment objectives, financial circumstances, your tolerance to risks, and your investment experience. You should be capable of bearing a full loss of the amounts invested as a result of or in connection with any Services entered into with us and any additional loss over and above the initial amounts invested that may become due and owing by you. In considering whether to trade or invest, you should inform yourself and be aware of the risks generally, and in particular should note the following specific risk factors which may apply to any given Service.

Service Risks:

  1. Suitability: You should make the decision in relation to the Agreement and any Services with us only after due and careful consideration. You should determine whether a Service is appropriate in light of your experience in similar transactions, your objectives in engaging in the Service, financial resources, and other relevant circumstances. If you are not sure that the Service is suitable for you, you should obtain independent legal, tax, or financial advice. The greater risk profile and other characteristics of digital assets and private credit means that they are more suited to professional and other sophisticated investors, and investors who have experience in, and knowledge of, digital asset and private credit markets.
  2. Money not held on deposit: Any assets transferred to us are not held as deposits. Any assets transferred to us in respect of the Account are transferred to us on a title transfer and proprietary basis, free from any encumbrance for the sole purpose of entering into Services and related activities in respect of the Services (including the satisfaction of certain fees, costs, and charges).
  3. Money not held in segregated accounts: Unless otherwise agreed with you in writing, we do not hold any user’s assets in segregated accounts. Users are an unsecured creditor of ours, with no specific security or charge over particular assets.
  4. Off-exchange transactions: Unless otherwise agreed in writing by us in respect of a specific Service, all transactions conducted between users and the Company are not carried out on exchanges, whether regulated or unregulated. Off-exchange transactions may involve increased risks since it may be difficult to liquidate existing positions, determine a fair price, or assess exposure to risk. They are not as transparent as transactions conducted on any recognized exchange.
  5. Commissions: Before using any Service, you should obtain details of all commissions, fees, and other charges for which you will be liable. If any charges are not expressed in monetary terms (e.g. as a percentage of a transaction value), you should request the fees that will be applicable in specific monetary terms prior to entering any Agreement.
  6. Suspension of trading/network events: Under certain conditions it may be difficult or impossible to liquidate a position in digital assets. Certain network events (including total failure of a network) may occur rapidly and affect the ability of holders of digital assets from conducting transactions. Information relating to these network events may be difficult to ascertain ahead of time and may be subject to limited oversight by any third party who is capable of intervening to stabilise the network.
  7. Potential for extreme volatility: Digital assets routinely have periods of high volatility, and occasionally have periods of extreme daily or even hourly volatility. Any digital asset may decrease in value or lose all of its value due to various factors including discovery of wrongful conduct, market manipulation, change to the nature or properties of a digital asset, or governmental or regulatory activity. Demand for digital assets may be partially or wholly driven by speculation and/or market sentiment.
  8. No guarantee: Investing in real-world assets (“RWA”) and digital assets involves inherent risks. There is no guarantee of asset performance, stability, and future value. RWA and digital assets are subject to various external factors, including market volatility, economic changes, and unforeseen global events, all of which may affect the value of your investment. You are solely responsible for performing your own research and due diligence before making any investment decisions.
  9. Not a research report: The contents of any communication from the Company to you have been prepared by personnel of the Company. This material does not purport to be, and is not intended to be, a “research report”, “investment research”, or “independent research” as may be defined in applicable laws and regulations worldwide. It is intended for your general information about market conditions and recent events only. It is not intended to be provided with your particular objectives, circumstances, and interests in mind. Neither the Company nor the individual sender is soliciting any particular action or transaction based upon it by providing information to you.
  10. Commercial arrangements: We may have relationships with other entities which may not be disclosed to you. As such, you should be aware that the Company and its personnel may be subject to an actual or potential conflict of interest. You should not rely on email or written communications as being either independent from the interests of the Company and its associated personnel, since the Company and its personnel’s position may conflict with your own.
  11. Ownership limitations: Digital assets may represent ownership in an underlying asset but may not grant the same rights as traditional ownership. Users should understand that holding a digital asset does not necessarily confer direct ownership rights or voting powers over the underlying real-world assets. You should carefully review any limitations on digital asset functionality, rights, and redeemability.
  12. AML/KYC compliance: You may be required to complete Know Your Customer (“KYC”) and Anti-Money Laundering (“AML”) procedures to comply with regulatory requirements. Failure to do so may lead to account restrictions or asset forfeiture.
  13. Digital privacy compliance: You should be aware that holding digital assets may involve sharing personal information for regulatory compliance, which is subject to data privacy laws in the relevant jurisdictions and could be accessed by regulatory bodies if required.
  14. No liability for loss of digital assets: We are not responsible for any losses, damages, or adverse outcomes resulting from holding, trading, or transferring digital assets, including losses caused by volatility, unauthorized transactions, or technical errors.
  15. No liability for loss of RWA investments: We are not responsible for any losses, damages, or adverse outcomes resulting from holding, trading, or transferring ownership of RWA assets, including losses caused by volatility, unauthorized transactions, or technical errors.
  16. Counterparty dependence: Transactions involving digital assets may depend on counterparties, such as exchanges, custodians, or other digital asset holders. If these parties fail to fulfil their obligations, it may impact users’ ability to transact, redeem, or transfer their digital assets.
  17. Lack of insurance coverage: Unlike traditional financial assets, digital assets may not be insured against loss, theft, or fraud. Users should be aware that losses may not be recoverable through traditional insurance products.
  18. Insufficient collateralization: If the digital assets are collateralized by RWA, there is a risk that the collateral’s value may fluctuate, become impaired, or be insufficient to back the issued digital assets, leading to potential financial loss.
  19. Digital asset supply dilution: Digital assets may be subject to inflationary policies that dilute the supply and reduce the individual digital asset value over time. Users should review and understand digital asset supply mechanisms to assess potential impacts.
  20. New or unproven use cases: Tokenization of RWA is a relatively new application, and the lack of historical performance data may make it difficult for users to assess long-term viability or financial stability.

Technology Risks:

  1. Experimental nature of blockchain technology: Digital assets rely on blockchain technology, which is still evolving and may not yet be fully proven or widely adopted. The experimental nature of this technology means that users bear the risk of its potential failure or underperformance.
  2. Loss of private key(s) is permanent and irreversible: Losing control of your private key(s) may permanently and irreversibly deny you access to digital assets. Neither the Company nor any other person will be able to retrieve or protect digital assets to which you hold the private key(s) for. If private key(s) are lost, it may become impossible to transfer digital assets to any other address or wallet, and you are solely responsible for securing your private key(s) in a manner that meets your individual security requirements.
  3. Irreversibility of transactions: Blockchain transactions are generally irreversible, meaning any incorrect or unauthorized transactions cannot be cancelled or reversed, which could result in financial loss.
  4. Source code changes and flaws: The various source codes underlying digital assets and smart contracts are subject to change and may at any time contain one or more defects, weaknesses, inconsistencies, errors, or bugs. Unless otherwise represented in writing by us, no audit or investigation has been conducted on any source code produced by parties other than us.
  5. Blockchain security: Transactions and records are stored on the blockchain, which may be subject to hacking, technical failures, or network disruptions. While blockchains are designed to be secure, vulnerabilities in smart contracts or the blockchain itself could lead to loss of assets or unavailability of tokenized services.
  6. Blockchain forks: The underlying blockchain on which the digital assets operate may experience a fork (e.g. hard fork or soft fork), which could split the network and potentially impact digital asset functionality, value, and liquidity.
  7. Network upgrades: The Protocol updates to improve network performance, security, scalability, or functionality may require user action, such as upgrading wallets or adjusting settings, and could temporarily affect access to digital assets.
  8. Transaction transparency: Transactions conducted on a public blockchain are transparent, and although pseudonymous, users’ transactional history may be publicly traceable.
  9. Delayed or failed settlement: Certain digital asset transactions may experience delays or failures in settlement due to blockchain network congestion, Interface limitations, or third-party issues, potentially resulting in financial loss or missed opportunities.
  10. Cryptographic advancements: Developments in cryptographic technologies and techniques, including the advancement of artificial intelligence and/or quantum computing, poses security risks to all cryptography-based systems including digital assets. Applying these technologies and techniques to digital assets, the Interface, and/or the Protocol may result in theft, loss, disappearance, destruction, devaluation, or other compromises of digital assets, the Interface, the Protocol, or your data.
  11. Reliance on the internet: Digital assets, the Interface, and the Protocol rely heavily on the internet. However, the public nature of the internet means that either parts of the internet or the entire internet may be unreliable or unavailable at any given time. Further, interruption, delay, corruption, or loss of data, the loss of confidentiality in the transmission of data, or the transmission of malware may occur when transmitting data via the internet. The result of the above may be that your order is not executed according to your instructions or not at all at the desired time.
  12. Interface reliability: The functionality of the Interface and the Protocol and therefore the Services may be affected by unexpected technical issues, downtime, or security incidents, potentially impacting access to the Interface, Protocol, Products and the Services.
  13. Dependence on third party service providers: The issuance, transfer, or management of the Interface, the Protocol, and the Services may rely on third party technology providers. Disruptions in these services could prevent you from accessing or managing your Products effectively.
  14. Unauthorized access: Unauthorized third parties may access or use your Account and effect transactions without your knowledge or authorization, whether by obtaining control over another device or account used by you, or by other methods.
  15. Phishing and fraudulent attacks: You may be targeted by phishing, social engineering, or other forms of cyber fraud aiming to gain access to private keys or wallet information. Users must exercise caution and use strong security practices to protect their assets.
  16. Malware and wallet security: If your device used to access your wallet is infected with malware, your digital assets could be at risk. You are responsible for ensuring the security of your devices, wallets, and any software used to manage digital assets.
  17. Platform and wallet compatibility: Digital assets may not be compatible with all wallets or platforms, and there is a risk of asset loss if a user attempts to send or receive digital assets on an unsupported wallet or platform.
  18. Interoperability challenges: In cases where users want to interact with multiple blockchains or platforms, lack of interoperability can lead to unexpected costs, delays, or asset inaccessibility.

General Risk Statements:

  1. Market risk: There is a possibility for a user to experience losses due to changes in market prices of digital assets. It is the exposure to the uncertain market value of a portfolio due to price fluctuations in the digital assets themselves (either by reference to fiat currency, or other digital assets as the case may be).
  2. Liquidity risk: There is a possibility for you to experience losses due to the inability to sell or convert assets into a preferred alternative immediately or in instances where conversion is possible but at a loss. Such liquidity risk in any particular digital asset may be caused by an absence of buyers, limited buy/sell activity or underdeveloped secondary markets in the digital assets. Where significant liquidity risk occurs, we reserve the right to suspend our own trading in such digital assets, which may mean we are unable to provide any particular service in respect of digital assets on the Interface or the Protocol.
  3. Inflation risk: Digital assets may, either because of the inherent design of the digital asset or through network events, not be a fixed supply of assets. Where additional digital assets are created, the asset’s price may decline due to inflationary effects of adding additional digital assets to the total assets available.
  4. Concentration risk: At any point in time, one or more persons may directly or indirectly control significant portions of the total supply of any particular digital asset. Acting individually or in concert, these holders may have significant influence over our Interface and/or Protocol and may be able to influence or cause network events which may have a detrimental effect on price, value, or functionality of the digital assets. Other users may make decisions that are not in your best interest as a holder of digital assets.
  5. Country risks: If an investment is made in any digital asset issued by a party subject to foreign laws or transactions made on markets in other jurisdictions, including markets formally linked to a domestic market, recovery of sums invested and any profits or gains may be reduced, delayed, or prevented by exchange control, debt moratorium, or other actions imposed by the government or other official bodies. Before you conduct use any of our Services you should satisfy yourself about any rules or laws relevant to those particular Services. Your local regulatory authority will be unable to compel the enforcement of the rules of regulatory authorities or markets in other jurisdictions where your Services have been affected. You should obtain independent advice about the different types of redress available in both your home jurisdiction and other relevant jurisdictions before you start to use our Services. If your country of residence imposes restrictions on digital assets in any way, we may be required to discontinue your access to our Interface and Protocol and may not be permitted to transfer digital assets held in your Account back to you or permit you to transfer digital assets out of the Interface and the Protocol to yourself or others, until such time as the regulatory environment permits us to do so.
  6. Taxation and required reporting to taxation authorities: Unless otherwise specified, you are responsible for all taxes in respect of any Services used by you, including past or retrospective taxes which are imposed on the Services. Before using any Service, you should understand the tax implications of acquiring, entering into, holding and disposing the digital asset that is the subject of the Service. Tax implications of any Service are dependent on the nature of your business activities and the Service in question. You should therefore consult your independent tax advisor to understand the relevant tax considerations. We do not offer tax advice of any nature. We will comply with all of our obligations in terms of reporting to relevant taxation authorities any applicable Service which is required to disclose, including any details you have provided us about tax residency from time to time. You should seek independent tax and financial advice on what this may mean based on your individual circumstances.
  7. Tax treatment of digital assets: The tax treatment of digital assets varies by jurisdiction and may be unclear or subject to change. Users are responsible for understanding and complying with applicable tax obligations related to the acquisition, holding, and disposition of digital assets.
  8. Regulatory uncertainty: All investments, Services, and Products are potentially exposed to regulatory/legal risk. The legal and regulatory treatment of digital assets may change. Regulation of digital assets is unsettled and rapidly changing. Legal and regulatory treatment varies according to the jurisdiction. The effect of regulatory legal risk is that any digital asset may decrease in value or lose all of its value due to legal or regulatory change. This may affect the value or potential profit of an investment, Product, or Service. Legal changes may have the effect of making a previously acceptable investment illegal or subject to substantial restrictions which may affect the ability to liquidate a position. Changes to related issues such as taxation may occur and radically affect the value or profitability of a digital asset. Such risk is unpredictable and depends on various geopolitical, economic, sovereign, and other factors. Risks may be asymmetrical between established and emerging markets and may affect some digital assets significantly more than others. We recommend that you obtain independent legal, tax, and financial advice and that you continue to monitor the legal and regulatory position in respect of your investments, Products and Services.
  9. Emerging markets: Price volatility in emerging markets and asset classes can be extreme (where digital assets are an emerging market and asset class). Price discrepancies and market dislocation is not uncommon. As news about digital assets is made available to public (which may not be before insiders have traded), markets may react with extreme volatility over a short period of time. Markets in digital assets may not have the same level of regulation or rules governing transparency, anti-manipulation measures, “circuit breakers” or other mechanisms found in more developed markets.
  10. Interface and digital assets reputation: News or negative publicity affecting the Interface, Protocol, Services, Products, its founders, or associated third parties can impact the perceived value and utility of the digital assets, affecting market demand and liquidity.
  11. Force majeure: We will not be liable for any delays, failures, or interruptions in performance resulting from events beyond our reasonable control, including but not limited to acts of God, war, terrorism, civil disturbance, governmental actions, labour disputes, power failures, cyber-attacks, blockchain network congestion, and other technological failures. You acknowledge that such events may adversely affect access to or utilization of the Interface, Protocol, Services, and Products, and that there may be no means to recover any losses incurred as a result of such events.
  12. Restricted access for certain jurisdictions: Our Interface, Protocol, Products, and Services are not intended for use by individuals or entities located in the United States or in countries subject to sanctions by the United Nations, European Union, United States, or other applicable international sanctions regimes. Users who attempt to access or use our Interface, Protocol, Products, and/or Services will be subject to Account restrictions and may be blocked without notice. We reserve the right to take additional action as necessary to ensure compliance with applicable laws and regulations.

Preventing Financial Crime

Introduction

Helix Hub S.A. (“us”, “we”, “our”, or “Company”) is committed to providing safe, compliant, and reputable services to our customers. As a company, we pride ourselves on the integrity and transparency of our business. For this reason, we have adopted rigorous anti-money laundering, counter-terrorist financing and sanctions (“AML/CTF”) procedures and other know-your-customer (“KYC”) policies.

Our commitment to preventing financial crime helps protect the integrity of the digital asset ecosystem and you.

Our operations take guidance from the Superintendency of the Securities Market (Superintendencia del Mercado de Valores) and other relevant Panamanian authorities responsible for the regulation of financial products and services. We comply with all applicable local laws and regulations, ensuring adherence to the highest standards of financial integrity, transparency, and customer protection.

As a country, Panama is an active member of the Financial Action Task Force of Latin America (GAFILAT) and adheres to the Financial Action Task Force (FATF) recommendations and standards. We are committed to following these internationally recognized guidelines to prevent money laundering, terrorist financing, and other financial crimes. Our policies and procedures are designed to meet these obligations, ensuring we operate with full transparency and compliance with global anti-financial crime framework.

This guideline provides an overview of some key aspects of our approach. It also describes the type of things that we may ask you to do.

We take our obligations seriously

We do business and have infrastructure in various jurisdictions. Accordingly, we are subject to the laws of those jurisdictions, including a range of legislation, rules, and regulations that restrict or prohibit payments, transactions, services, and dealings with assets having a proscribed connection with certain countries, individuals, groups, or entities subject to international sanctions or associated with terrorism, money laundering, weapons of mass destruction, or other criminal activity.

We may be required to avoid, terminate, or suspend certain customer relationships and/or transactions. We must also report any relevant knowledge or suspicion regarding the customer and/or transaction to relevant local authorities before dealing with that person and must avoid prejudicing any investigation by “tipping off”. We may also be required to provide information related to AML/CTF and other legislation to the local authorities in the relevant jurisdictions (including securities, customs, or tax authorities) upon a proper request being made by those authorities.

Various other requirements may also apply to us which may impact our ability to deal with any customer. For example, we need to take appropriate precautions when dealing with politically exposed persons.

We operate in a global marketplace

We operate in a global marketplace. As such, we also take into account international standards and developments. Importantly, we reserve the right to refuse access to our services or to prohibit specific payments, transactions, services, and dealings and/or to enter into any transactions that may be sanctioned under international programmes, or which otherwise have a direct, or indirect, connection with certain persons from or in jurisdictions that pose elevated risks. As noted above, we may also have reporting obligations in those jurisdictions.

AML/CTF and fraud measures

We have developed and put in place risk-based systems and controls to comply with our AML/CTF obligations. We protect our website and our users from money laundering by requiring all prospective investors to undergo KYC verification checks after signing up on the Interface. We do not accept as a customer any person listed on the consolidated list of targets to whom financial sanctions apply. Any suspicious cases are reported to us and are investigated conscientiously and consistently.

We are an active participant in international efforts to combat fraud, corruption, and the funding of terrorist and criminal activities. Our commitment is ongoing through the maintenance of ongoing controls to detect and prevent any such illegal practices.

We are continuously improving our risk management policy, strategy, and supporting framework. We recognize that risk is an integral and unavoidable component of business and are committed to managing risk in a proactive and effective manner. We seek to promote a strong risk management culture throughout our organization and communicate the importance of a strong risk management culture across our organization.

What does this mean for you?

There are three key limbs to our AML/CTF and KYC compliance programme that may involve you:

  1. Customer due diligence: We carry out customer due diligence to identify and verify our customers and any relevant connected persons. This includes screening against relevant commercial databases to ensure we meet our obligations. Enhanced due diligence may apply in certain scenarios, and the requirements that apply to all individuals, corporations, trusts, and partnerships differ. Further details about the documents and other information we require are available on request from us.
  2. Transaction screening and monitoring: We also undertake transaction screening and ongoing monitoring throughout the course of our relationship with the customer to ensure we meet AML/CTF requirements. As a result, we may ask you certain questions about the transactions to be entered into through the Interface, the Protocol, and/or the Services. We also take potential abuse of our Services very seriously. Abuse of our services could result in an immediate suspension of access to the Interface, the Protocol, and/or the Services and reporting to the relevant authorities.
  3. Ongoing due diligence: We may ask you for additional information to ensure that the information and materials we have are up-to-date and relevant.

Our due diligence procedures are relevant to both preventing financial crime, as well as ensuring that we continue to meet our legal and regulatory obligations. In order to comply with regulatory requirements, there may also be additional products or services which we provide in the future that will require different information from you for regulatory purposes (e.g. if you qualify as a professional/accredited investor for certain products).

Record keeping and reporting

We maintain records as required by law and in accordance with our data protection policies and procedures. As a guide, we generally maintain customer due diligence and transaction records for at least five (5) years.

On certain occasions, we may be required by law to submit information to regulators or other authorities in different jurisdictions. This may be required without prior notification or consent. For example, we may be required to submit a suspicious transaction report to local authorities in certain circumstances, including where we suspect that certain property (including digital assets) represent the proceeds of crime. We will generally not be able to inform you of such reports, as it is a criminal offence to do so. Without limitation, we may also be required to report certain tax information regarding transactions undertaken by you, either to local or international tax authorities, and may not be able to inform you of that information.