These terms and conditions of service(“Terms”) set out the terms and conditions under which Helix Hub S.A. (“us”, “we”, “our”, or “Company”), offers you, the user, (“you”, “user”, or “users”) access to and use of our website at https://helixfinance.io/(which, for the avoidance of doubt, includes all content, functionality, subdomains, and services) (collectively, the “Interface”). The Interface provides access to the Helix smart contracts, the front-end and back-end technology developed or used by Helix, and the integration of the aforementioned with third party platforms and/or products as applicable to facilitate investment and/or repayment workflows (the “Protocol”),including an ability for participants to serve in certain capacities or perform certain functionalities when interacting with the Interface (“Service” or “Services”) including acquiring financial products provided by third parties (“Product” or “Products”).
You must read the Terms and Privacy Policy carefully before you start to use the Interface. By using the Interface, or by click to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, the Risk Disclosure Statement (including where applicable, any risk disclosure statement in a country or product annex) or any additional terms and conditions that apply at the relevant time. If you do not want to agree to these Terms, the Privacy Policy, the Risk Disclosure Statement (including where applicable, any risk disclosure statement in a country or product annex) or any additional terms and conditions that apply at the relevant time, you must not access or use the Interface.
These Terms are to be read in conjunction with (and subject to) any other agreement between us and you(including where applicable, any country or product annexes), the Risk Disclosure Statement (including where applicable, any risk disclosure statement in a country or product annex) or any additional terms and conditions that apply at the relevant time To the extent of any inconsistency with these Terms, the terms of any specific product, service, or transaction apply to that product, service, or transaction and any matters connected with it.
We may also change, update, or remove provisions of these Terms from time to time. Any and all modification or changes to these Terms will become effective upon publication on our Interface or release to users. Therefore, your continued use of our Interface is deemed your acceptance of the modified Terms and rules. If you do not agree to any changes to these Terms, please do not access or use the Interface or Protocol.
We are merely a technology platform, and are not your broker, intermediary, agent, or legal advisor and have no fiduciary relationship or obligation to you in connection with any decisions or activities effected by you using the Interface or the Protocol. No communication or information provided to you by us is intended as or will be considered or construed as, the solicitation of an offer to buy, investment advice, financial advice, legal advice, or any other sort of advice. All Services and transactions will be executed automatically based on the parameters of your consideration. You will be solely responsible for determining whether any Services or transactions are suitable and match your interests according to your judgement, objectives, circumstances, and risk tolerance. You will be solely responsible for any losses or liabilities therefrom.
Funds locked on the Protocol can only be retrieved by the rightful private key owner or the specific beneficiary set at the time of contract execution.
We are entitled to publish any notice or disclaimers on the Interface in connection with a user, company profile and/or opportunity in the manner and to the extent deemed necessary by us a tour sole discretion (such as for the purposes of our internal operations, policy guidelines, and/or regulations).
Information on the Interface may contain technical inaccuracies or typographical errors and may be changed or updated without notice. We may also make improvements and/or changes to the site at any time without notice. Your access to the Interface or the Protocol may occasionally be restricted to allow for repairs, maintenance, or the introduction of new facilities or Services to the Interface.
We will collect, use, disclose, and/or process any personal data we may collect from you in connection with this Interface or Protocol in accordance with our Privacy Policy. You acknowledge that you have accessed and read the Privacy Policy and agree to the terms set out in it.
We may, at our sole discretion, deny you access to the Interface, the Protocol, and/or the Services for any reason, including if we believe that you have violated or acted inconsistently with these Terms, any of the other Interface agreements, or (where applicable)any Protocol or Service agreement; or, if in our opinion or the opinion of any regulatory authority, we are not suitable to continue providing you access to the Interface, the Protocol, and/or the Services.
Some pages of the Interface are open to all users and may be browsed by any visitor. However, access to and use of password-protected and/or secure areas of the Interface is restricted to authorized users only. You may not obtain or attempt to obtain unauthorized access to such parts of the Interface, or to any other protected information, through any means not intentionally made available by us for your specific use. In order to receive more information regarding the opportunities displayed on the Interface, to submit an opportunity to the Interface, or to submit binding offers in respect of an opportunity, you must create a user account in accordance with the instructions set forth on the Interface (“Account”)to become a registered member of the Interface (“Member”). Event after you create an Account and sign in, you may not have access to the entirety of the Interface. We reserve the right to determine which transactions Members are able to view and have full discretion to determine which Members are able to receive more information regarding opportunities displayed on the Interface.
To be a Member, you must provide the information required in the registration form on the Interface. You will need to provide a valid e-mail address (“Registered admin@helixhub.io”) and select a password upon completing the account registration process. Any password which you choose must not be harmful, abusive, racially or ethically offensive, sexually explicit, defamatory, infringe any intellectual property right, be invasive of persona privacy rights or otherwise be in breach of any applicable laws. We are entitled to change any password that is in breach of these Terms.
You agree to: (1) provide true, accurate, current, and complete information about yourself as described in the registration form on the Interface; and (2) maintain and promptly update such registration data to keep it accurate, current, and complete. If you provide information that is untrue, inaccurate, not current, or incomplete, or if we suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Interface and Protocol (or any part there of).
When the user account has been verified and approved by us, you will become a Member. A Member can utilise the Services provided by us.
Members shall fully cooperate, where applicable, with us to: (1) facilitate our onboarding process with respect to Members; (2) enable us to comply with all applicable laws, regulations, and other requirements (including ‘know-your-client, anti-money laundering, and counter finance terrorism laws, regulations, and requirements);and (3) enable us to comply with requests by any regulators and/or its obligations under these Terms and/or any terms and conditions applicable to the Interface and/or the Services.
Your Account is non-transferable and may not be assigned to any third party. You are responsible for keeping your log-in details or access method confidential so that your Account cannot be accessed or used without your permission.
Any monies, digital assets, fiat currencies, or other assets that you transfer into the Account will be transferred to us on a title transfer and proprietary basis free from any encumbrance and will not be held by us or any other party with whom we may transfer any such monies, digital assets, fiat currencies, or other assets, in a custodial or sub-custodial basis.
Without prejudice to other rights, powers, or authorities we may have under these Terms, and/or any other agreement or terms and conditions in respect of the Protocol, Interface, and/or Services, or under law, you hereby agree that we may apply any monies, digital assets, fiat currencies, or other assets that you had previously transferred to the Account (and which have not otherwise been applied in respect of any transaction or payment of any fees, costs, charges, or other amounts for which you may be responsible in respect of any transaction, the Services, or the Interface) and that any obligation shall reduce, accordingly, our obligations to transfer to you any such equivalent monies, digital assets, fiat currencies, or other assets from the Account upon you request as referenced in 3(i) below.
Where under these Terms and/or any other agreement or terms and conditions in respect of the Protocol, Interface, and/or Services you are entitled to request the transfer to you (byway of payment, transfer, or otherwise) of any monies, digital assets, fiat currencies, or other assets that you had previously transferred into the Account (and which have not otherwise been applied in respect of any transaction or payment of any fees, costs, charges, or other amounts for which you may be responsible in respect of any transaction, the Services, or Interface) we will transfer to you monies, digital assets, fiat currencies, or other assets that are equivalent to such monies, digital assets, fiat currencies, or other assets that you so transferred to the Account.
You will be responsible for any use of the Interface, Protocol, or Services by anyone using your log-in details or access method to access the Account, and will be bound by and authorize us to accept and rely upon any agreements, communications, instructions, orders, confirmations, authorizations, or any other actions that are made, provided, or taken by a person or entity that has access to your Account, whether that access if authorized or unauthorized. You agree to immediately notify us if any unauthorized third party has access to your e-mail address or password or if there is any unauthorized use of your Account or any breach of security known to you.
Upon written notice that yourAccount has been compromised, we will take reasonable steps to suspend theAccount whilst we investigate and make a determination of such compromise.However, you will be liable for any transactions, access, or actions taken before we have taken those steps.
We may, in our sole discretion:
at any time and without giving reasons or prior notice. You acknowledge that we may or may not be in a position to provide information to you about the reasons for such closure or suspension. If we suspend of cancel your access to the Services,Interface, and Protocol under this section, then we will not have any continuing obligations or liabilities to you unless contained in these Terms.
We may terminate, suspend, or modify your access to the Services, Interface, or Protocol if you materially breach any of these Terms and/or engage in behaviour that can cause real harm to the Services, the Interface, the Protocol, other users, us, or our affiliates, licensors, or partners.
We may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as dictated by any applicable law or regulation, or to investigate a potential violation of these Terms. In such cases, we, in our sole discretion, may disable your Account and block your ability to access the Interface, the Protocol, and/or the Services until such additional information and documents are processed by us. If you do not provide complete and accurate information in response to such a request, we may refuse to restore your access to the Site and our Services.
We will not be liable to you or to any third party for any termination, suspension, or modification of your access to the Services. We have no obligation or responsibility to reimburse or refund you for any losses due to such cancellation, suspension, termination, or decision to stop the provision of access, in each case to the fullest extent permitted by law.
Without limitation to paragraph3(i), we may close your Account if it exhibits no events or transaction activity for a period equal to or greater than six (6) months, including if such lack of events or transaction activity is due to our suspension of yourAccount under paragraph 3(l)(2).
If we choose to exercise our power under paragraph 3(l)(1) or 3(p) and you will need to make your own arrangements with the underlying asset issuer of the Products (“Issuer”)to redeem your assets.
Your access to the Interface,Protocol, and Services may be restricted based on your jurisdiction or geographical location. You must not use the Interface, Protocol, or Services ifyou are located in, or a citizen or resident of any state, country, territory, or other jurisdiction in which the use of the Interface, Protocol, or Services would be illegal or otherwise violate any applicable law (a “RestrictedTerritory”). The face that the Interface, Protocol, or Services is accessible in a Restricted Territory, or that the Interface allows the use of the official language of a Restricted Territory or of a language that is commonly used in a Restricted Territory, must not be construed as a license to use the Interface, Protocol, or Services in such Restricted Territory. We unconditionally reserve the right to restrict access to any RestrictedTerritory, and may implement technical controls to prevent access to anyInterface, Protocol, or Services from any Restricted Territory.
We may exercise our power under3(g) if we detect any attempt to circumvent the restrictions stated in 3(j),for example, providing false or misleading information regarding your citizenship, location, or place of residence, or by using the Interface,Protocol, or Services through a third party or on behalf of a third party located in a Restricted Territory.
We have the right to disable any identity associated with a crypto-asset wallet capable of interacting the Interface or to block any IP address from accessing the Interface or the Services at anytime in our sole discretion for any or not reason, including if, in our opinion, that identity has violated any provision of these Terms.
Upon termination of your access to the Interface, the Protocol, and the Services, these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.
Termination will not affect already existing rights or obligations to us.
The Interface may include content, information, text, graphics, logos, icons, images, sound clips, video clips, data compilations, and/or other materials submitted by Members for inclusion in and/or posting through the Website or the Protocol (“Member Materials”).
We do not endorse or assume any responsibility in respect of the Member Materials. The Members submitting their Member Materials: (1) are solely responsible for their Member Materials; (2) warrant and represent that they have the right and authority to submit their Member Materials and that their Member Materials do not infringe the intellectual property rights or any other rights of any third party; and (3) hereby grant to us a non-exclusive, world-wide royalty free, irrevocable license and right to hose, transmit, distribute, or use (which will include the right to copy, reproduce, and/or publish) the Member Materials in connection with the operation of the Interface or the Protocol and the provision of the Services to users and for the purposes such Members have instructed or requested.
Without prejudice to the foregoing, Members shall not provide Member Materials that are defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive in nature.
By accessing our Interface, or using the Services, you represent and warrant that:
We may, at any time and in our absolute discretion, (1) refuse any access, transaction, order, confirmation, or other actions submitted through the Interface, Protocol, or Service therein or refuse to enter into any transaction with you, or (2) place limits and conditions on the number or type of transactions that we will enter into with you in respect of the Account, without prior notice to you, including by (but not limited to):
Access to your Account, the Interface, the Protocol, or the Services may require you to provide additional information from time to time, or to confirm existing information is true and accurate. Each time you provide such information requested, you represent and warrant that such information is true and accurate at the time of provision of that information.
Use of the Services, or otherwise conducting transactions through the Interface and the Protocol may be subject to fees, costs and charges, including handling fees, network transaction fees, and our fees, costs and charges. You agree to pay any such fees, costs and charges, and authorize us to apply any digital assets or fiat currencies in your Account in satisfaction thereof from time to time as those fees, costs and charges arise.
We may, in our sole discretion, correct, reverse, or cancel any transaction undertaken through the Interface or the Protocol where we have discovered there was an error, whether such error was by you, us, or a third party.
You authorize us to attempt and effect any such correction, reversal, or cancellation so contemplated under 4(d). We provide no guarantee or warranty that any such attempt will be successful and will bear no responsibility or liability for any error or any error correction attempt made by us.
You may not violate or attempt to violate the security of this Interface, the Protocol, the Services, or any of the products or services described or contained herein. We may investigate occurrences which may involve such violations and may involve, and cooperate with, governmental, regulatory, or law enforcement authorities in investigation and prosecution of persons who have participated in such violations.
You agree that it is your responsibility to install anti-virus software and related protections against viruses or other computer programming routines or engines that are intended to damage, destroy, or disrupt or otherwise impair a computer’s functionality or operation which may be transferred to your computer via the Interface.
We may offer additional security features as part of the Interface. It is your responsibility to ensure and maintain continuous security and control over any device that gives access to the Interface, the Protocol, the Services and your Account. Failure of any such security over any device may delay or restrict your access to the Interface, the Protocol, the Services, or your Account.
We reserve all rights in our corporate names, service marks, logos, trade names, websites and domain names and nothing in these Terms grants you the license to use our corporate names, service marks, logos, trade names, websites and domain names (“Company IP”). You are prohibited from using the Company IP in a way that is (1) is deceitful, fraudulent, or manipulative, (2) implies any relationship between us and you beyond that is reasonably typical of the administrator of an interface and its users, or (3) to cause confusion in any way to gain assets or crypto-assets of, or persona information about, another party other than that intended by the Protocol (for example, you may not use the foregoing marks to execute phishing attacks, spearphishing attacks, social engineering, or in any way that may cause a party to transmit assets or crypto-assets to an unintended recipient or to reveal private information, like a private key or password). All other names, logos, products and service names, designs, and slogans on the Interface are the trademarks of their respective owners.
All present and future copyright, title, interests in and to the Interface, the Protocol, and the Services, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights that exist in or in relation to the use and access of the Interface, the Protocol, and the Services are owned by or otherwise licensed to us. Subject to your compliance with these Terms, we grant you a non-exclusive, non-sub license, and any limited license to merely use or access the Interface, the Protocol and the Services in the permitted hereunder.
The Interface may include, at any given time, content, information, applications, programmes, text, graphics, logos, icons, images, sound clips, video clips, data compilations and/or other materials displayed therein, as well as the Interface’s page layout, underlying code and software (collectively, the “Content”). All of the Content is our property or licensed by us, our related corporations, and/or third parties with whom we do business, and is protected by international intellectual property laws and other relevant laws.
Any (1) commercial use of the Interface and the Content found on the Interface; or (2) any reproduction, modification, copying, distribution, or use of any of the materials and Content of the Interface is strictly prohibited without our express and written consent. Any reproduction or redistribution of the Interface and any Content found on the Interface not in accordance of these Terms are herein expressly prohibited and may result in severe civil and/or criminal penalties.
Except as expressly stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to our or any other third party’s intellectual rights.
If and to the extent that any such intellectual property rights are vested in you by operation of law or otherwise, you agree to do any and all such acts and execute any and all such documents as we may reasonably request in order to assign such intellectual property rights back to us.
Third parties participating on the Interface may permit us to utilise trademarks, copyrighted material, and other intellectual property associated with their businesses. We will not warrant or represent that the content of the Interface does not infringe the rights of any third party.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Interface.
You must not:
If you wish to make any use of material on the Interface other than that set out in this section, you should address your request to [admin@helixhub.io].
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Interface in breach of the Terms, your right to access the Interface will stop immediately and you must, at our option, return or destroy any copies of the materials that you have made. No right, title, or interest in or to the Interface or any content on the Interface is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Interface not expressly permitted by these Terms is a breach of the Terms and may violate copyright, trademark, and other laws.
For the purposes of these Terms, “Confidential Information” shall mean information on the Interface or Protocol which is of a non-public, proprietary, or confidential nature to us including, but not limited to, (1) information relating to us and other users, including information relating to their identities, contact details, their businesses, and their business activities; (2) information relating to investment opportunities; (3) information relating to funding opportunities; (4) information relating to the Protocol and the Services; and (5) information and content found in the password protected and/or secure areas of the Interface. “Affiliate” shall mean directors, employees, subsidiaries, and controlled entities.
You acknowledge and agree that the Confidential Information is disclosed by us to you only for the purpose of allowing you to use the Interface, the Protocol, and the Services and on the condition that you shall maintain confidentiality of the Confidential Information strictly in accordance with the terms and conditions below:
These Terms do not prohibit the disclosure of Confidential Information by you to:
You, on behalf of yourself and each of your Affiliates, acknowledge that we, our Affiliates, ad professional advisors have not made and will not make any representation or warranty as to the accuracy or completeness or otherwise of the Confidential Information. None of Company, its Affiliates, and professional advisors shall have any liability arising in connection with the Confidential Information and/or the provision or disclosure thereof. You, on behalf of yourself and each of your Affiliates, agree to make your own assessment of the Confidential Information and satisfy yourself as to the accuracy and completeness of that Confidential Information.
In the event that you are in breach of these confidentiality obligations, or in the event that a breach appears to be imminent, we shall be entitled to all legal and equitable remedies afforded by law, and in addition may recover its costs and fees (on a full indemnity basis), including reasonable legal fees, incurred in seeking such remedies.
Nothing contained in these Terms may be construed as granting or conferring on you any rights to the Confidential Information.
You hereby acknowledge that the Confidential Information to be disclosed hereunder is of unique and valuable characteristic and that the unauthorized dissemination of the Confidential Information would destroy or diminish the value of such Confidential Information. The damages to the Company that would result from the unauthorized dissemination of the Confidential Information would be impossible to calculate. Therefore, you hereby agree that we shall be entitled to injunctive relief preventing the dissemination of any Confidential Information in violation of the terms hereof. Such injunctive relief shall be in addition to any other remedies available hereunder, whether at law or in equity.
You will notify us immediately upon discover of any unauthorized use or disclosure of Confidential Information by you and will cooperate with efforts by us to help the Company regain possession of Confidential Information and prevent its further unauthorized use. All Confidential Information furnished to you is considered loaned for use solely in accordance with these Terms and shall immediately be delivered back to us or destroyed by you and your Affiliates upon our request. Upon such request, you shall certify that you (as well as any and all Affiliates and advisors) have destroyed all copies of the Confidential Information, including notes and reports thereon, in your possession or under your control. For the avoidance of doubt, the destruction of the Confidential Information does not release you from your applicable obligations under these Terms.
You may access or use the Interface, the Protocol, and the Services only for lawful purposes and in accordance with these Terms. You agree not (and will not permit any third party) to use or access the Interface, the Protocol, and the Services:
The Interface and Protocol may enable us to send messages to Members who have indicated interest in an opportunity on the Interface. We are not obliged to review messages sent from Members, and every Member is personally responsible for all the messages the Member sends through the Interface and the Protocol. The Member agrees and warrants that the Member will not send messages in breach of these Terms and/or any terms and conditions applicable to the Interface, the Protocol, and/or the Services, and will in particular refrain from sending messages to harass or threaten other Members.
We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Interface, Protocol, or Services.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using or accessing the Interface or Protocol. You agree to waive and hold harmless us and our affiliates, licensees, agents, and other service providers from any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by either such parties or law enforcement authorities.
However, we cannot review interactions or activities before they are executed through the Interface or the Protocol, and, given the nature of blockchain and smart contract activity, cannot ensure prompt removal or rectification of objectionable interactions or activities after they have been executed. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, transactions, blockchain operations, or content provided by any user or third party. To the fullest extent provided by law, we have no liability or responsibility to anyone for performance or non performance of the activities described in this section, nor any harm or damages created by others’ interactions with any blockchain underlying the Protocol.
You agree and acknowledge that it is your responsibility to comply with all applicable laws and regulations relating to any Services or transactions you use through the Interface or the Protocol, including without limitation the reporting of any transactions, and the calculation and payment of all applicable taxes within any jurisdiction relevant to your situation. If you have any doubts about whether or which laws and regulations apply to your circumstances, you should seek independent legal, accounting, or taxation advice.
We are not responsible for collecting, reporting, withholding, or remitting any taxes arising from any transaction you conduct with us, but will comply with any reporting or withholding obligations that apply to us, including any reporting required under the Common Reporting Standard, Double Taxation Avoidance Agreements, or Automatic Exchange of Information agreements. For that purpose, each time you access the Interface or the Protocol or conduct a Transaction with us, any information or representation you have made as to your tax residency is deemed to have been repeated at that time, and we will rely upon it for such reporting purposes.
Pricing and final agreement: All prices provided by us, whether through the Interface, the Services, our communications, or any other means, are for reference purposes only and do not constitute a binding offer. Any quoted prices, estimates, or projections are subject to change and are not guaranteed until a final agreement has been executed and signed by both parties. No pricing, terms, or conditions shall be considered final or binding until expressly agreed upon in a signed contract or a formal document. We reserve the right to modify or adjust pricing prior to the execution of such agreement, in accordance with changes in costs, availability or other relevant factors.
Risk warning: Trading digital assets carries a high level of risk and is not suitable for everyone. Before deciding to buy or sell digital assets you should carefully consider your investment objectives, level or experience, and risk appetite. The possibility exists that you could sustain a loss of some or all of your investments and therefore you should not invest money that you cannot afford to lose. You should be aware of all the risks associated with digital assets and seek advice from an independent financial advisor should you have any doubts. Furthermore, there may be risks that are not disclosed in this disclaimer, any client agreement that you enter into with us, and any other terms or conditions that apply to our Interface, Protocol, or Services. You must carefully consider your financial situation and tolerance for risk before engaging in any activity involving digital asset trading. Independent, professional financial and legal advice must be sought where necessary. For further information on risks please read our Risk Disclosure Statement.
Tax: It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report, and remit the correct tax to the appropriate tax authority, regardless of the jurisdiction. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting, or remitting any taxes arising from any transaction, to you or any taxation, governmental, or third authority. Tax advice must be sought where necessary.
Our commitment to regulatory compliance: We intend to operate in full compliance with applicable laws and regulations and obtain any necessary licenses and approvals in key markets, as and when needed. Regulatory licenses and/or approvals may be required in certain jurisdictions in which relevant activities may take place. It Is not possible to guarantee, and we make no assurances, that any such licenses or approvals will be obtained within a particular timeframe or at all. This means that trading in certain digital assets may not be available in certain markets, or at all. This could require restructuring our Interface, Protocol, and Services and/or the unavailability of our Interface, Protocol, and Services in whole or in part.
No advice: Any opinion, news, research, analyses, prices, or other information contained or through this Interface is provided as general market commentary, and does not constitute investment, legal, or financial advice, nor should it be relied on for any investment decision. We will not accept liability for any loss or damage, including but not without limitation to, any loss of profit, which may arise directly or indirectly from use of or reliance on such information. The contents of any communications from us may have been prepared by personnel in different divisions of the Company and/or by other entities. The 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 or regulations worldwide. It is intended for your general information about market conditions and recent events only, and neither we nor any individual sender is soliciting any particular action or transaction based on it. Such communications do not represent investment advice, and does not take into account any specific circumstances of any recipient. Any information provided by us or the individual sender should not form the primary basis for any decision that you make in relation to the matters referred to therein. We have not taken any steps to verify the adequacy, accuracy, completeness, or suitability of any information or written material provided to you. You are solely responsible for any investment or purchasing decisions, and should carefully review any information or written material that you receive. You should perform any due diligence that is necessary and appropriate in your own personal circumstances, including consultation with independent legal, tax, accountancy, and other professional advisors.
No representations: No representation or warranty is given as to the achievement or reasonableness of any plans, future projections, or prospects and nothing on this Interface should be relied upon as a promise or representation as to the future.
Risks associated with internet-trading and distributed ledger networks: There are risks associated with utilising an internet-based trading system including, but not limited to, the failure of hardware, software, internet connections and distributed ledger networks. As we do not control the reliability or availability of the internet or of any distributed ledger network, we cannot be responsible for communication failures, distortions, or delays when trading digital assets via the Internet.
No third-party affiliation or endorsements: References in the Interface or the Services to specific companies and platforms are for illustrative purposes only. Except as expressly described on the Interface or otherwise notified in writing, the use of any company, and/or platform names and trademarks does not imply an affiliation with, or endorsement by, any of those parties.
Indicative terms, pricing levels, and returns: Any references to value(s), price(s), return(s), or other terms on the Interface or through the Services is intended to be indicative of market conditions only, and is not a representation that any transaction can or could have been effected at those value(s) or price(s), or on those terms, or have achieved the return(s) stated. Proposed terms and conditions are for discussion purposes only, and do not represent any offer, solicitation, invitation to treat, or final agreement. Past performance is not indicative of future results. Any forward-looking statements may be based on various assumptions which are not stated within a communication, and which may ultimately differ substantially from actual market conditions or external events.
Internet communications: Communications over the Internet may be subject to interruption, transmission blackout, delayed transmission due to Internet traffic, or incorrect data transmission due to the public nature of the Internet. Please exercise caution and confirm any relevant details/communications by other means if you have any doubt about the accuracy of this communication.
Records of communications: Any communications with us or our officers, representatives, or agents may be recorded and retained, subject to applicable law and regulations, our record retention policies, and the terms of any applicable written agreement.
Each time you access the Interface, you agree that you have read and acknowledged our Risk Disclosure Statement (including any amendments from time to time).
While we will use reasonable care and skill in operating the Interface and the Protocol, it is provided “as is” and we cannot promise that the Interface and the Protocol will always be available, meet your requirements or be complete free of faults, errors, or compromise from cybersecurity events.
To the maximum extent permitted by law, except as expressly set out in these Terms, we disclaim and exclude:
Without any limitation to 15(c), we disclaim and exclude, to the maximum extent permitted by law, liability for any loss or damage which may arise directly or indirectly or your inability to access the Interface, the Protocol, or the Services, and also the liability for any failure or delay of the transmission or the receipt of any instruction, communication, or notification sent through the Interface, the Protocol, or as part of the Services.
Without prejudice to any other disclaimer, waiver, indemnity, or exclusion of liability that you agree to in any agreement with us, you agree to:
To the extent we are unable by law to exclude any implied condition, representation, warranty, or statutory guarantee in relation to the provision of goods or services through the Interface, the Protocol, or the Services, we limit our liability for a breach to the re-supply of equivalent goods or services, or payment for such equivalent goods. This is without limitation to any other exclusions or restrictions of our or others’ liability in connection with the Interface.
By providing the Services via the Interface and the Protocol, we provide no guarantee as to any return or income, or the result or effectiveness of such Services provided. To the extent permitted by the applicable laws, we disclaim and exclude any liability for failing to meet any of your expectations in relation to any of the Services provided by us.
Specifically, and without prejudice to the foregoing, we are not your fiduciary, agent, or advisor, and no such obligations arise in connection with any of your activities whether through the Interface, the Protocol, the Services, or any document provided by us, unless specified in writing by us from time to time. No communication or information provided by the Company to you is intended as investment advice, financial advice, legal advice, tax advice, or accounting advice, and no representation or warranties are made to you in any of those capacities.
Please contact us first. We will seek to address your concerns without resorting to formal legal proceedings whenever possible.
You shall attempt in good faith to mutually resolve any and all disputes, whether of law or fact, and of any nature whatsoever arising from or with respect to these Terms.
These Terms and any dispute or claim arising out of or in connection with the Services, the Interface, and the Protocol shall 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 the Company that arises in connection with, or relating in any way, to these Terms, Interface, the Protocol, or Services (whether by contract, tort, statute, fraud, misrepresentation, or any other legal theory) will be determined by a mandatory final and binding individual arbitration rather than a class action.
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. Notwithstanding the preceding, a party may disclose information to the extent that disclosure may be required to fulfil a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision will survive the termination of these Terms, and any arbitration brought under these Terms.
You agree that any claims relevant to these Terms, or your relationship with us will be brought against the other party in arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable laws. Combining or consolidating individual arbitrations into a single arbitration is not permitted without our consent.
You agree that we would be irreparably damaged if these Terms were not specifically enforced. Therefore, in addition to any other remedy we may have at law, and not withstanding our agreement to arbitrate disputes, we are entitled without bond, other security, or proof of damages, to appropriate equitable remedies with respect to your violation of these Terms in any court of competent jurisdiction.
We reserve the right to update, modify, revise, suspend, or make future changes to Clause 16 regarding the parties’ agreement on how to settle disputes, subject to applicable laws. You hereby consent and agree that it is your responsibility to ensure that your understanding of this Clause 16 is up to date. Subject to applicable laws, your continued use of the Services and the site will be interpreted as your acceptance of any modifications to Clause 16 regarding the agreement to arbitrate. You agree that if you object to the modifications to Clause 16, we may block access to your Account pending closure of your Account. In such circumstances, these Terms prior to modification will remain in full force and affect the pending closure of your accessibility.
Your interactions with other users found on or through the Site or the Services, including but not limited to payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any of these third parties.
If you have a dispute with one or more users related to us, the Site, or the Services, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
You agree that we have no obligation to become involved in any dispute between users on the Site and/or the Services and release Company, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Site and the Services.
You consent to receive all notices or other communications from us via your Registered Email. You are deemed to have received any notice or communication sent by us to your Registered Email at the time of sending or, if a later date is specified in that notice or communication, at that later date.
It is your responsibility:
All notices, requests, demands, and determinations for us under these Terms (other than routine operation communications) shall be sent to [admin@helixhub.io]
If any of these Terms are determined to be illegal, invalid, or otherwise unenforceable, then to the extent and within the jurisdiction in which that term is illegal, invalid, or unenforceable, it will be severed and deleted from these Terms and the remaining Terms will survive, remain in full force and effect and continue to be binding and enforceable.
You may not assign or transfer any right to use the Services or any of your rights or obligations under these Terms without prior written consent from us, including any right or obligation related to the enforcement of laws or the change of control. We may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
No third party shall have any rights to enforce any terms contained herein.
Any links to third party websites from the Interface and our Services does not imply endorsement by us of any product, service, information or disclaimer presented therein, nor do we guarantee the accuracy of the information contained on them. If you suffer loss from using such third party product and service, we will not be liable for such loss. In addition, since we have no control over the terms of use or privacy policies of third-party websites, you should carefully read and understand those policies.
Certain Products and Services offered by the Company may involve transactions facilitated by third parties. Where this applies, these relationships will be governed by separate agreement between the Company and the third party (“Third Party Agreements”). In the event of any inconsistency or conflict, the terms set forth in the Third Party Agreements will prevail over any conflicting provisions in these Terms.
Additionally, certain Products and Services offered by the Company may involve underlying product offerors. Where this applies, these relationships will be governed by separate agreements with the underlying product offerors (“Underlying Agreements”). In the event of any inconsistency or conflict, the terms set forth in the Underlying Agreements will prevail over any conflicting provisions in these Terms.
The Company is not liable for actions, omissions, or representations made by third parties unless explicitly stated in separate agreements. You are advised to review the additional terms provided by third parties that may apply to the Products and Services.
The failure of our right to seek recovery from your violation of these Terms of any provisions of applicable terms will not constitute a waiver by us of any subsequent breach or violation by you or of the provision itself.
The Interface, the Protocol, and Services are not intended for use by citizens or residents of the United States or any entity organized or located in the United States (“U.S. Persons”). By accessing or using the Site or Services, you represent and warrant that you are not a U.S. Person, and you agree not to use the Site or Services if you are located in the United States. We reserve the right to block access to the Site and Services from the United States and to take any necessary actions to ensure compliance with this restriction.
We unconditionally reserve our right to modify these Terms at any time.
We may give you notice to you of such modifications by:
Each time you use the Interface, the Protocol, the Services, or any other service or transaction through the Interface, you confirm your agreement to the most recently updated Terms, whether or not notified to you in accordance with 1(b).
If you do not agree to any Terms, or any modifications of the Terms from time to time, you must cease using the Interface, the Protocol, and the Services and should email to us to request that your Account be closed.
In the case of a discrepancy between the English version and any other language version in respect of these Terms, the Interface, the Protocol, or the Services, the English version prevails.
Notwithstanding 20(a), in the event of any inconsistency between these Terms and any other agreement between you and the Company, these Terms shall prevail, unless explicitly stated otherwise.
If a user is also an Issuer, the terms of the agreement between the Issuer and the Company will prevail.
