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”).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Helix takes reasonable measures to ensure cyber security, but there is no guarantee against loss due to cyber threats, hacking, or similar risks.
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.
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:
Technology Risks:
General Risk Statements:
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 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. 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.
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.
There are three key limbs to our AML/CTF and KYC compliance programme that may involve you:
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).
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.