Terms of Use - Helixbox

Last modified: Dec 30, 2024

1. INTRODUCTION

Welcome to Helixbox (the "App"), provided by Helixbox Labs Ltd (including all affiliates, referred to as "Helixbox," "helixbox.ai," "Helixbox Labs," "Helixbox Bridge," "we," "us" or "our"). In these Terms, “user,” “you,” and “your” refer to you as the user of the App. If you access the Service on behalf of a company or other entity, “you” also includes that entity. You represent and warrant that (a) you are an authorized representative of the entity with the authority to bind it to these Terms, and (b) you agree to these Terms on the entity’s behalf.

This Terms of Service Agreement (the "Agreement") details the terms and conditions governing your access to and use of the App. Please read the Agreement carefully. By accessing the App, you accept and agree to comply with the Agreement. The Terms include a mandatory arbitration provision that requires disputes to be resolved individually rather than through class actions or jury trials.

You also represent and warrant your compliance with all applicable laws (e.g., local, state, federal, and other laws) in connection with your use of the Service. To meet our legal obligations and ensure user safety, we may need to restrict, suspend, or terminate your access to the Service. You acknowledge that Helixbox is not obligated to disclose the specifics of such decisions.

Helixbox reserves the right to amend these Terms at any time at our sole discretion. If we make significant changes, we will notify you through the Service or by updating the "Last Updated" date at the beginning of the Terms. Continuing to access or use the Service after such changes confirms your acceptance of the revised Terms as of the update date. We encourage you to review these Terms regularly to stay informed about any amendments.

2.ELIGIBILITY

To be eligible to access and use the App, you must be at least 18 years old (or the age of majority in your jurisdiction, whichever is older) and not be prohibited from using the App under applicable law. You must also have the capacity to enter into a legally binding contract online, either as an individual or on behalf of a company.

When agreeing to the Agreement on behalf of a company or other legal entity, you represent that you have the legal authority to bind that entity to the Agreement's terms. You confirm that you can form legally binding contracts online and possess the full right, power, and authority to enter into and comply with the Agreement's obligations.

Furthermore, by accessing the App, you represent and warrant that you are not subject to U.S. sanctions and are not a citizen or resident of any state, country, territory, or jurisdiction that is under U.S. embargo or where your use of the App would violate any domestic or foreign law, rule, statute, or regulation ("Applicable Law").

2.1 Prohibited Localities

You are not permitted to access or use the App or any of its services, including Helixbox and Helixbox bridge, if you are located in, established in, or a resident of the following regions or countries: Afghanistan, Belarus, Burma, Burundi, Central African Republic, China, Crimea, Cuba, Democratic Republic of the Congo, Donetsk, Ethiopia, Guinea, Guinea-Bissau, Haiti, Hong Kong, Iran, Iraq, Kherson, Lebanon, Libya, Luhansk, Mali, Nicaragua, Niger, North Korea (DPRK), Russia, Somalia, South Sudan, Sudan and Darfur, Syria, United Kingdom, United States (including its territories: American Samoa, Guam, Puerto Rico, Northern Mariana Islands, and the U.S. Virgin Islands), Venezuela, Yemen, and Zaporizhzhia, Zimbabwe, New Zealand. IP addresses from these regions are prohibited from accessing Helixbox and Helixbox services.

2.2 Sanctions and Restricted Persons

By using or accessing the App, you represent to us that you are not subject to the Sanction Lists and are not a “Restricted Person” as defined in these terms. “Sanction Lists” include any sanctions designations published by international organizations, the United Nations, the European Union, and its Member States, or any state and governmental authorities, including but not limited to the sanctions lists of the United States and the United Kingdom.

2.3 Non-Circumvention

You agree not to use any software, technology, or networking techniques, including Virtual Private Networks (VPNs), to circumvent or attempt to circumvent these restrictions. Any attempt to bypass these restrictions will result in immediate suspension or termination of your access to the App.

We reserve the right to limit access to the App in any jurisdiction at any time at our sole discretion. Furthermore, we may suspend, restrict, or terminate your access to any or all App features, and/or block or bar your transactions if:

1. We are required to do so by a subpoena, court order, or binding order of a government authority, or under any applicable laws and regulations;

2. You breach this Agreement, including engaging in prohibited activities;

3. We determine to do so for any legal or regulatory reasons at our sole discretion.

3. DISCLAIMER

3.1 DISCLAIMER OF WARRANTIES

You are responsible for configuring your IT, computer programs, and/or platform to access the App. You should employ your own virus protection and security measures. We cannot guarantee that use of the App or any content accessed from it will not violate third-party rights.

To the maximum extent permitted by applicable law, the App (and any of its content or functionality) is provided on an “AS IS” and “AS AVAILABLE” basis. We expressly disclaim any representations, conditions, or warranties, either express or implied, statutory or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, title, security, reliability, accuracy, and non-infringement of third-party rights. We do not warrant that access to the App will be uninterrupted or error-free. We do not guarantee that any App errors will be corrected.

Under no circumstances shall we, or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries, be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including, but not limited to, loss of profits, goodwill, use, data, or other intangible property, resulting from your access to or use of the App, including the user interface. We are also not liable for any damages or harms due to hacking, tampering, or unauthorized access or use.

We assume no responsibility for: (a) errors, inaccuracies, or mistakes in content; (b) personal injury or property damage arising from your access to or use of the App; (c) unauthorized access to or use of secure servers or databases in our control; (d) interruption or cessation of functionality related to the App; (e) viruses, bugs, or similar components transmitted through the App; (f) errors or omissions in any content made available through the App; and (g) any defamatory, offensive, or illegal conduct by third parties.

3.2 WARRANTY DISCLAIMER

We may, at our discretion, modify, suspend, or disable the App, temporarily or permanently, for any reason, including security incidents, with or without prior notice.

We will not be liable for any losses you incur due to any modification to the App or any suspension or termination of your access for any reason. All provisions of this Agreement shall survive any termination of your access to the App, in addition to any provision that by its nature should survive.

3.3 RISKS WITH DIGITAL TOKENS

Helixbox is not a wallet provider, exchange, broker, or financial institution. We do not operate or control wallets and cannot access their contents. You must use your wallet following your provider’s terms, retaining full custody and control of your digital tokens. Helixbox merely provides a web3 service that facilitates interactions with DeFi products. We accept no liability for the use of your wallet and make no guarantees concerning specific wallets. Protect the security of your wallet and never share your credentials or seed phrase. For wallet-related issues, contact your wallet provider directly. You are solely responsible for your Account and any associated wallet; we are not liable for related issues. If you suspect any security concerns regarding the Service or your Account, please notify us immediately.

3.4 DISCLAIMER ABOUT INFORMATION ACCURACY

Please be advised that we rely on third-party sources for information regarding certain digital tokens listed on the App. We reserve the right to select, modify, or remove any third-party information sources at our discretion. We are not responsible for the quality, accuracy, timeliness, completeness, or reliability of any digital token information on the App. You are advised to gather sufficient information and stay informed before trading any digital tokens on the App.

4. METHODS OF PAYMENT

All payments are processed independently through third-party services. As such, this Application does not collect any payment information, such as credit card details, but only receives notifications upon successful payment completion.

If payment through available methods fails or is declined by the payment service provider, we are under no obligation to fulfill the purchase order. Any costs or fees resulting from a failed or declined payment shall be borne by the User.

5. PROHIBITED ACTIVITY

You agree not to engage in, or attempt to engage in, any of the following prohibited activities when using the App:

5.1 INTELLECTUAL PROPERTY INFRINGEMENT

Any activity that infringes or violates the copyrights, trademarks, service marks, patents, publicity rights, privacy rights, or other proprietary or intellectual property rights of any person or entity.

5.2 CYBERATTACKS

Any activity aimed at interfering with or compromising the integrity, security, or proper functioning of any computer, server, network, personal device, or other IT systems, including, but not limited to, deploying viruses or performing denial-of-service attacks.

5.3 FRAUD OR MISREPRESENTATION

Any activity intended to defraud us or any other individual or entity, including providing false, inaccurate, or misleading information to unlawfully obtain someone else's property.

5.4 MARKET MANIPULATION

Any activity that violates applicable laws, rules, or regulations governing market integrity, including tactics commonly known as spoofing and wash trading.

5.5 GAMBLING

Any activity that involves staking or risking something of value on the outcome of other’s contests, events, or games of chance, including lotteries, bidding fee auctions, political betting, sports forecasting, and sweepstakes.

5.6 OTHER UNLAWFUL CONDUCT

Any activity that violates applicable laws, rules, or regulations in the relevant jurisdiction, including restrictions and regulatory requirements imposed by local law.

6. Applicable Law and Jurisdiction

These Terms and the Services, and any non-contractual obligations arising out of or in connection with them, shall be governed by and construed in accordance with the laws of the Cayman Islands without regard to the principles of conflict of laws.

The exclusive jurisdiction for all disputes will be the courts of the Cayman Islands, and you waive any objection to jurisdiction and venue in such courts.

7. TAXES

Your sole responsibility to fulfill your tax obligations that apply to your transactions conducted on the App. You should withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. We make reasonable efforts to make your transaction history available through your account but we make no representation about the completeness or accuracy of that information.

8. CONTACT US

If you have any questions regarding these Terms or other matters, please contact us at hello@helixbox.ai.