HELIX PLATFORM TERMS AND CONDITIONS

1. GENERAL PROVISIONS

1.1. Helix is the service provider and operator of the Platform.

1.2. You can contact Helix by writing to: support@helixic.io, or by calling the telephone number: +48 (22) 389 6754 (on Business Days from 9am to 5pm CET).

1.3. The Terms and Conditions set out in particular:

1.3.1. types and scope of Services provided by electronic means;

1.3.2. terms and conditions for the provision of Services provided by electronic means, including:

1.3.2.1. the technical requirements necessary to work with the ICT System;

1.3.2.1. prohibition of the provision of Prohibited Content;

1.3.3. terms and conditions for the conclusion and termination of the Agreement for the provision of services provided by electronic means under these Terms and Conditions;

1.3.4. complaint procedure.

1.4. The following annexes form an integral part of these Terms:

1.4.1. Annex 1 - TABLE OF FEES.

1.4.2. Annex 2 - RISK INFORMATION.

1.5. The following documents are linked to these Terms and Conditions:

1.5.1. Privacy Policy.

1.6. Before accessing the Platform or using any of the Services, the User must carefully read and understand these Terms, as well as the Privacy Policy. By accessing the Platform or using any of the Services, the User acknowledges that he/she has carefully read, understood, and agreed to be bound by these Terms, as well as the Privacy Policy.

IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU MUST NOT ACCESS OR USE THE PLATFORM OR THE SERVICES.

2. REQUIREMENTS TO USE THE PLATFORM OR THE SERVICES

[The technical requirements]

2.1. The technical requirements to use the Platform are as follows:

MINIMAL TECHNICAL REQUIREMENTS

• an Internet-connected device with the latest operating system, Internet access and a current standard web browser (e.g. Chrome, Safari, Mozilla Firefox, Opera or Microsoft Edge);
• cookies and JavaScript enabled in the web browser;
• screen resolution when displaying the Platform of at least 1280x1024 pixels.

2.2. Additional technical requirements for the use of the Platform as regards Transactional Service and Access to the Online KYC Service:

• having an active email address,
• possession of a Wallet.

3. LEGAL CONDITIONS OF USE OF THE PLATFORM

3.1. To use the Content Access Service, the User must:

3.1.1. be at least 18 years old, or of the legal age in accordance with the applicable law at the time of accessing the Services;

3.1.2. have the full legal capacity;

3.1.3. comply with the conditions described in Section 4 COMPLIANCE WITH THE LAW and Section 20 KYC AND OTHER AML MEASURE (where applicable).

3.2. In order to make full of Services other than the Content Access Service, the User must:

3.2.1. be at least 18 years old, or of the legal age in accordance with the Applicable Law at the time of accessing the Services;

3.2.2. have the full legal capacity;

3.2.3. comply with the conditions described in Section 4 COMPLIANCE WITH THE LAW and Section 20 KYC AND OTHER AML MEASURE (where applicable);

3.2.4 read and accept these Terms and Conditions and their annexes, including the Risk Information (Annex 2 to these Terms and Conditions) and the Privacy Policy;

3.2.5. create the Account.

If the User does not comply with any of the above-mentioned requirements, the User is obligated to refrain from accessing and using the Platform or Services.

4. COMPLIANCE WITH THE LAW

4.1. The User must comply with local laws regarding the lawful use of the Services in his/her local jurisdiction, as well as other laws and regulations applicable to the User.

4.2. The User declares that he or she is not located in a Prohibited Jurisdiction, is not a citizen of a Prohibited Jurisdiction nor is a resident of a Prohibited Jurisdiction.

4.3. Helix does not provide the Services to Users who are located in a Prohibited Jurisdiction, are citizens of a Prohibited Jurisdiction or are residents of a Prohibited Jurisdiction

5. TYPES AND SCOPE OF THE SERVICES

5.1. The types of services are as follows:

5.1.1. Content Access Service;

5.1.2. Account Service;

5.1.3 Access to the Online KYC Verification Service;

5.1.4. Transactional Service.

5.2. The contract between the User and the Helix on the use of the Platform and its Services is concluded as regards:

5.2.1. the Content Access Service – when the User accesses the Platform;

5.2.2. the Account Service – clicks on the "Connect" or "Click here to register" button (or button with equivalent information), (ii) chooses whether he/she wishes to register via a Third Party Service, i.e. Google or Internet Identity, (iii) declares that he/she familiarises himself/herself with these Terms and Conditions and the Privacy Policy and confirms this by clicking on the appropriate checkbox, (iv) gives express and prior consent to Helix's provision of the Transactional Service in full and state that the User has been informed in advance that he/she will lose right of withdrawal once Helix has provided the Transactional Service in full and accept this, (v) completes with a positive result the additional steps on the Third Party Service necessary to register the Account;

5.2.3. the Access to the Online KYC Service – when the logged-in User clicks on the ‘Verification’ button (or button with equivalent information) in the Account panel and then starts to complete the relevant Verification Procedure;

5.2.4. the Transactional Service – when the User (i) has registered his/her Account on the Platform, (ii) undergoes the Verification Procedure with positive result, (iii) provides necessary information, (iv) has on his/her Trading Wallet an adequate amount of the Virtual Assets or Virtual Cryptocurrency to perform the requested action and to cover the Fees and Gas Fee, (v) clicks on the appropriate button which will confirm the User's intention to complete the action.

5.3. Continued use of the Platform and Services is considered as a declaration of will to be bound by these Terms and acknowledgement of the Privacy Policy.

5.4. The User is authorized to use the Platform and/or the Services exclusively for his/her use.

5.5. The Agreement with the User is concluded for the duration of the Services.

6. RULES FOR THE USE OF SERVICES

6.1. The User is obliged to use the Services in accordance with these Terms and Conditions, Applicable Law, good practice, respecting personal rights and intellectual property rights, in particular copyright belonging to Helix or Third Parties.

6.2. Without prejudice to Section 6.1 above, the User undertakes:

6.2.1. not to transmit any Prohibited Content;

6.2.2. not interfere with or disrupt the operation of the Services or ICT Systems;

6.2.3. not impersonate any person or entity, misrepresent information or otherwise misrepresent your affiliation with a person or entity;

6.2.4. not collect or gather email addresses or other contact details of other Users by email or otherwise for the purpose of sending unsolicited emails or other unsolicited communications;

6.2.5. not advertise or offer to sell or purchase any goods or services for any purpose not expressly permitted by Helix;

6.2.6. not support, assist or promote any criminal activity or enterprise;

6.2.7. not access or use the Services to create products or services that compete with the Services;

6.2.8. not modify, reproduce, duplicate, copy, download, store, further transmit, distribute, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or license, sublicense, sell, mirror, design, rent, lease, trademark, grant a security interest in or to any portion of the property, or create derivative works or otherwise exploit any portion of the property with respect to the Platform Content, the Platform or the Services - without the prior written consent of Helix;

6.2.9. not use deep linking, indexing robots, bots, spiders or other automated devices, programs, scripts, algorithms or methods, or any similar or equivalent manual process to access, obtain, copy or monitor any part of the Properties, or replicate or circumvent the navigational structure or presentation of the Platform Content, the Platform or the Services in any way, to obtain or attempt to obtain any materials, documents or information by any means not intentionally made available through the Services or the Platform in accordance with these Terms and Conditions.

7. THE CONTENT ACCESS SERVICE

7.1. The Content Access Service consists of enabling the User to access the Content of the Platform.

7.2. The content of these Terms available on the Platform is made available in a form that enables its recording, storage and reproduction by the User. The content of the Terms and Conditions may be recorded and reproduced by the User using any technique on any media for purposes related to the use of the Platform and the Services.

7.3. To start using the Content Access Service, please visit the Platform's web address: https://www.helixmarkets.io/.

7.4. The use of the Content Access Service does not require the creation of an Account or the successful completion of the Verification Procedure.

7.5. The Platform's content, which includes graphical elements, is protected by copyright, trademark protection rights (or priority rights to register trademarks), and other intellectual property. It is important to note that Helix does not assign any copyrights or provide any licenses to use the content available on the Platform or Services outside of the license set out in Section 14 of these Terms. Therefore, any use of the Platform's content, outside of the scope of the license, may constitute a breach of Helix’s intellectual property rights.

7.6. The use of the Content Access Service is free of charge.

8. THE ACCOUNT SERVICE

8.1. To create an Account, the User must:

8.1.1. clicks on the "Connect" or "Click here to register" button (or button with equivalent information),

8.1.2. chooses whether he/she wishes to register via the Third Party Service, i.e. Google or Internet Identity,

8.1.3. declares that he/she familiarises himself/herself with these Terms and Conditions and the Privacy Policy and confirms this by clicking on the appropriate checkbox ;

8.1.4. acknowledges that he/she has been expressly informed and accepts that he/she does not have the right to withdraw from the contract and confirms this by clicking on the appropriate checkbox;

8.1.5. completes with a positive result the additional steps on the Third Party Service necessary to register the Account.

8.2. The User is obliged to provide true and correct data.

8.3. The User can only create one Account.

8.4. The User is obliged to ensure that the data she/he has used to create your Account is used exclusively by the User and kept confidential. The Account is active after its creation.

8.5. As part of the Account, the User may, inter alia, have access to such functionalities as:

8.6.1. withdrawal management;

8.6.2. API management;

8.6.3. trading fees;

8.6.4. addresses;

8.6.5. verification;

8.6.6. notifications.

Withdrawal management

8.7. The ‘Withdrawal management’ functionality is designed to secure the User's withdrawals. For this purpose, the User:

8.7.1. enters his/her email address, which will be the security for making withdrawals;

8.7.2. indicates additional information: (i) freeze period in days (number of days to secure the email change and prevent future updates) and (ii) cooling interval in days - must be a number less than 7 (the User cannot change the email address before the cooling period expires);

8.7.3. clicks on the 'Send confirmation' button (or button with equivalent information);

8.7.4. at the time specified by Helix, the User must click on the activation link sent to the provided email address to enable the withdrawal management;

8.7.5. once the email address has been successfully verified, the User can register his/her withdrawal address on the whitelist;

8.7.6. to do this, the User enters the name of the address and the address/public key and clicks 'Send confirmation' or (or button with equivalent information);

8.7.7.at the time specified by Helix, the User must click on the activation link sent to the provided email address to enable the register withdrawal address.

8.8. The User can enter more than one registered withdrawal address on the whitelist.

8.9. In the event that the verification link is not activated within a given period of time indicated by Helix - the User must again go through the procedure described in 8.7.1.-8.7.7.

8.10. The User in the withdrawal management functionality, the User can also view a list of his/her withdrawals.

8.11. For more information on withdrawal see Section 10.9-10.10 of these Terms.

API management

8.12. In the ‘API management’ functionality, the User has the opportunity to familiarise himself/herself with:

8.12.1. API Key;

8.12.2. Secret Key (by clicking on the eye icon);

8.12.3 WebSocket Authentical Token (by clicking on the eye icon).

8.13. The User also has the possibility of copying:

8.13.1. Secret Key;

8.13.2. WebSocket Authentical Token.

8.14. After clicking on the 'Reset Credentials' button (or button with equivalent information), the User obtains a new set of API Keys.

Trading fees

8.15. The 'Trading fees' functionality provides the User with information about the fee schedule.

8.16. In the fee schedule there are in particular information about:

8.16.1. User’s current tier and the names of the following tiers;

8.16.2. current User’s Maker Fee and Taker Fee and the following Maker Fees and Taker Fees;

8.16.3. current User’s fee for the swaps and the following fees for the swaps;

8.16.4. trade volume in the current session;

8.16.5. required volume till the next tier;

8.16.6. badge.

8.17. The Tier and Maker Fee / Taker Fee / Swaps fee depend on the amounts of volume of transactions the User has traded in a consecutive 30 calendar day period.

8.18. The 30-calendar day period is recalculated every 30 days. On the next calendar day following the 30-calendar day period, the User enters a new session and starts from the lowest tier.

8.19. The Market Fee and the Taker Fee cannot be paid for the same transaction.

8.20. Users will be notified in advance of any changes to the fee schedule.

Addresses

8.21. In the ‘Address’ functionality, the User can check the addresses of his/her funding wallets for different blockchains.

Verification

8.22. In the 'Verification" functionality, the User can carry out verifications as an individual or entity via the User verification form.

8.23. For more information on 'Verification' see Section 20 of these Terms.

Notifications

8.24. The 'Notifications' functionality allows the User to view information sent by Helix that will relate to trading and funding.

8.25. The User can click:

8.25.1. ‘Only show unread’ to see only unread notifications,

8.25.2. 'Clear all' to clear all notifications, or

8.25.3. 'Mark all as read' to mark all notifications as read.

Additional information on the Account Service

8.26. The User is responsible for all activities, that are carried out on his/her Account.

8.27. It is understood that all actions on the Platform, including transactions, Orders and Instructions initiated from the Account are made by the User and cannot be revoked.

8.28. In the event of suspicious activity related to the User’s Account, Helix may request additional information from the User and suspend the User’s use of his/her Account until such information is verified by Helix. The User shall comply with such security requests or accept the suspension of the Account.

9. Access to the Online KYC Service

9.1. The Access to the Online KYC Service enables the Users to access and use the KYC service provided by the Third Party, i.e. SumSub – Sum and Substance, a limited liability company, with a registered office in London, England.

9.2. Helix does not hold any control over the functioning of the KYC service provided by the Third Party and cannot be considered as a provider of such a solution. The provision of the Section 12 shall apply.

9.3. Helix may use automated decision-making processes to ensure compliance with ML/CFT standards and AML Law requirements. Such processing of personal data is necessary to perform the agreement with the User. Please refer to the Privacy Policy for further details.

9.4. The Access to the Online KYC Service is free of charge.

Transactional Service

10.1. As part of the Transactional Service, the User may, inter alia, have access to such functionalities as:

10.1.1. wallet tab

10.1.2. deposit and withdrawal;

10.1.3. transfer;

10.1.4. swaps;

10.1.5. trade.

10.2. A positive result of the Verification Procedure is a condition for the use of the Transactional Services.

Wallet tab

10.3. In the ‘Wallet’ tab, the User can check information on, for example, how much funds are:

10.3.1. in the total holding (all the Virtual Currencies or Virtual Assets the User has),

10.3.2. in the Funding Wallet,

10.3.3. in the Trading Wallet,

10.3.4. available in total (all Virtual Currencies or Virtual Assets not locked in any open Orders),

10.3.5. available in Orders (limit orders that have not been filled yet).

The User can also check his/her 'Trading History' and 'Funding History' consisting of, inter alia, information on all deposits and withdrawals.

Deposit and withdrawal

10.4. The deposit and withdrawal functionalities are available in the "Wallet" tab on the Platform landing page.

[Deposit]

10.5. To make a deposit, the User selects from a list which Virtual Assets or Virtual Currencies he/she wishes to deposit.

10.6. To make a deposit, the User only indicates the deposit address.

10.7. The amount of Virtual Assets or Virtual Currencies deposited is indicated by the User via a Wallet provided by the Third Party.

10.8. The User cannot deposit more Virtual Assets or Virtual Currencies than he/she has.

[Withdrawal]

10.9. In order to withdraw the Virtual Assets or Virtual Currencies from the Funding Wallet, the User should:

10.9.1. select the appropriate Virtual Assets or Virtual Currencies;

10.9.2. enter the withdraw address;

10.9.3. select the amount of the Virtual Assets or Virtual Currencies the User wishes to withdraw,

10.9.4. click on the “Withdraw” button (or button with equivalent information).

10.10. The User cannot withdraw more Virtual Assets or Virtual Currencies than he/she has.

Transfer

10.11. The transfer functionality is available in the "Wallet" tab on the Platform landing page.

10.12. The transfer service allows the User to transfer Virtual Assets or Virtual Currencies from the Trading Wallet to the Funding Wallet and vice versa.

10.13. In order to make a transfer, the User must indicate:

10.13.1. from which wallet (Trading Wallet / Funding Wallet) he/she wishes to make the transfer,

10.13.2. choose which tokens are to be transferred,

10.13.3. indicate the amount of tokens to be transferred,

10.14.3. click on the “Confirm Transfer” button (or button with equivalent information).

10.14. The User cannot transfer more Virtual Assets or Virtual Currencies than he/she has.

Swaps

10.15. The Swap service allows the Users to swap their Virtual Assets or Virtual Currencies into the other Virtual Assets or Virtual Currencies selected by the User.

10.16. In order to use the Swaps functionality:

10.16.1. the User should click on the "Swaps" tab on the Platform;

10.16.2. after the “Swap” service tab is displayed on the Platform, the User should fill into the table the selected amount of the Virtual Assets or Virtual Currencies that he/she wants to swap into other Virtual Assets or Virtual Currencies;

10.16.3. after taking the above steps, the User can complete the use of the Swap service by clicking on the “Swap” button (or button with equivalent information).

10.17. The User cannot exchange more Virtual Assets or Virtual Currencies than he/she has.

Trade

10.18. In the ‘Trade’ functionality the User can familiarise himself/herself with:

10.18.1. Market analysis tool;

10.18.2. Sell / Buy Order;

10.18.3. Orderbook;

10.18.4. Open Orders list;

10.18.5 Trading History;

10.18.6. Pair info.

[Market analysis tool]

10.19. The User may analyze the market using the market analysis tool provided by Helix.

10.20. The market analysis tool is available on the ‘Trade’ tab on the Platform.

10.21. Helix makes every effort to ensure that the information presented in the marketing analysis tool is presented live and accessible continuously (24/7/365).

10.22. The User can adapt the marketing analysis tool to his / her needs and preferences by, among other things, clicking on the chart settings.

[Sell Order / Buy Order]

10.23. In the ‘Trade’ tab available on the Platform the User can buy or sell Virtual Assets or Virtual Currencies. To do so, the User must place the Sell Order or Buy Order.

10.24. To place the Sell Order or Buy Order, the User must:

10.24.1. have a sufficient amount of Virtual Assets or Virtual Currencies on the Trading Wallet to allow him/her to execute the transaction;

10.24.2. select the appropriate option - "Buy" or "Sell";

10.24.3. select the relevant Virtual Assets or Virtual Currencies in which the User wishes to place the Sell Order or Buy Order;

10.24.4. choose whether the Order should be carried out according to the principle:

10.24.4.1. market order - executes immediately based on the best bid or ask price - in this option, the User can also define the Slippage Tolerance and tick whether he wants to execute his/her order as the IOC Order.

10.24.4.2. limit - executes only at a price determined by the User - the amount of the limit price is entered by the User in a table, which is available after selecting 'limit'.

10.24.5. Enter the amount of Sell Order or Buy Order - the system automatically calculates how many other Virtual Assets or Virtual Currencies the User will get in exchange.

10.25. By placing an Order, the User confirms that he or she understands and accepts the following provisions:

10.25.1. The User is responsible for correctly entering the details of the Order, including the number and type of Virtual Currencies or Virtual Assets the User intends to buy or sell;

10.25.2. The User may cancel an Order or parts thereof if he or she does not wish it to be executed, with the risk that the Order or part thereof will be executed before Helix receives the request for cancellation, with Helix exercising due diligence to process requests for cancellation of Orders without undue delay;

10.25.3. The time required to complete an Order will depend on various factors, including Third Parties.

10.26. Helix makes every effort to ensure that the User order is processed as quickly as possible.

10.27. Helix organises the execution of Orders anonymously so that the User does not know other's Users identity.

10.28. The User may cancel an Order after it has been submitted, but only in respect of its unfulfilled (unexecuted) part.

10.29. Helix has the right to cancel an Order immediately if it has not been executed or has been executed in part if:

10.29.1. Helix is obliged to do so by a court order or order of a competent authority;

10.29.2. Helix deems it necessary due to a reasonable suspicion that the Order involves money laundering, terrorist financing or other activities contrary to Applicable Law or these Terms;

10.29.3. in the reasonable opinion of Helix, there are other relevant circumstances, in particular relating to violating trading rules, disruptions to the Internet, the blockchain network, or the occurrence of other significant technical errors.

[Orderbook]

10.30. In the ‘Trade’ tab available on the Platform the User can see the Orderbook.

10.31. In the Orderbook, the User can see in particular:

10.31.1. buy orders (bids) - offers to purchase the Virtual Assets or Virtual Cryptocurrency at a specific price. They are listed in descending order, with the highest bid at the top;

10.31.2. sell orders (asks) – offers to sell the Virtual Assets or Virtual Cryptocurrencies at a specific price. They are listed in ascending order, with the lowest ask at the top;

10.31.3. price levels of the orders,

10.31.4. last traded price;

10.31.5. size of the orders;

10.31.6. total of the orders.

[Open Orders, trading history, pair info]

10.32. In the ‘Trade’ tab available on the Platform the User can see:

10.32.1. the open Orders – Buy Orders or Sell Orders that have not been filled yet;

10.32.2. his/her trading history;

10.32.3. pair info.

11. FEES

11.1. Helix charges Fees.

11.2. The amount of the Fees is:

11.2.1. set out in Appendix 1 to the Terms and Conditions

11.2.2. indicated when the User logs into the Account under Trading Fees (or button with equivalent information);

11.2.3. is also available in the Help Centre

11.3. The amount of fees depends on the tier in which the User is located.

11.4. The User will be notified of a change to the Fees in accordance with Section 23.2-23.3. The User accepts that Helix collects a Gas Fee (Gas Fee) for the benefit of the recipients of the Gas Fee who are network validators to cover the network validators' costs associated with processing transactions on the blockchain network. Helix does not receive any funds from the Gas Fee or determine the amount of the Gas Fee. Helix is not responsible for the amount of the Gas Fee as it is outside of Helix's control and Helix may not be aware of its amount for a particular operation due to the way blockchain technology works.

11.5. The User will be informed of the maximum estimated Gas Fee each time prior to the transaction in which the Gas Fee is required.

11.6. The User authorises Helix to deduct any Fees due in accordance with the pre-agreed terms to which the User has agreed, which are set out in Annex 1 to these Terms and Conditions.

11.7. The User authorises Helix to deduct the Gas Fee that is charged by the smart contract during the execution of the transaction. Helix may change the Fees in accordance with Section 23 AMENDEMENTS TO THE TERMS AND CONDITIONS.

12. THIRD PARTY SERVICES

12.1. The Platform may contain hyperlinks to external services or websites of Third Parties. These Terms and Conditions do not apply to such Third Party Services or websites unless expressly stated otherwise. If the User uses them, he/she does so at his/her own risk and subject to the relevant terms of services and privacy policy of such third parties. Helix recommends that each User reads their terms of service and privacy policies for further information before accessing or using third party services or websites. Helix is not responsible for any Third Party Services accessed via a link from the Platform, including its accuracy and completeness.

13. RISK INFORMATION

13.1. The User is obliged to read the Risk Information before using the Services. The Risk Information is set out in Annex 2 to the Terms and Conditions.

14. INTELLECTUAL PROPERTY RIGHTS

14.1. The User recognizes and accepts that the Platform may include content or characteristics that are safeguarded by copyright, patent, trademark, trade secret, or other exclusive rights and laws. The User may not modify, copy, frame, scrape, rent, lease, loan, publish, sell, distribute, remove any proprietary notices or labels, or develop derivative works based on the Platform, the Services, in whole or in part, except as explicitly authorized by the Helix.

14.2. When using the Platform, the Services, or any of their components or features made available to the User, the User may not engage in or utilize any data mining, robots, scraping, or similar data gathering or extraction methods. Any utilization of the Platform or the Services other than as specifically authorized herein is entirely prohibited. The technology and software underlying the Platform or disseminated in connection with it are the property of Helix, its affiliates, and its partners. The User agrees not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Platform. Helix hereby grants the non-exclusive, non-transferable, royalty-free, copyright license, without the right to sub-license to use the Platform in accordance with these Terms.

15. TAXES

15.1. The User is solely responsible for:

15.1.1. to determine whether and to what extent any taxes apply to transactions made through the Services and to determine the rules for withholding, collecting, reporting and remitting the correct amounts of taxes to the relevant tax authorities;

15.1.2. Declaring all receipts and debits of any of your assets, including Virtual Currencies or Virtual Assets, for the purposes of national tax returns and any related returns.

15.2. The User releases Helix from any and all liability in the event of the User's failure to comply with the provisions set out in Section 15.1 of these Terms and Conditions. Helix is not responsible for the User's failure to comply with the tax obligations set out in Section 15. TAXES.

16. PRIVACY AND DATA PROTECTION

16.1. Helix processes the User's personal data in accordance with Applicable Law, including the GDPR.

16.2. Detailed information on the processing of the User's personal data and information on cookies can be found in the Privacy Policy.

17. COMPLAINTS

17.1. Helix shall exercise due diligence to ensure that the Services and the Platform operate at an appropriate level.

17.2. The User has the right to report objections and errors in the functioning of the Services and the Platform by contacting Helix by email at support@helixic.io.

17.3. The User should state in the complaint:

17.3.1. the contact details required to send a reply to the complaint or claim,

17.3.2. a detailed description of the event giving rise to the complaint;

17.3.3. demands of the User making the complaint.

17.4. Helix may ask the User to provide additional information to the extent necessary to provide a complete response.

17.5. Complaints and notifications will be dealt with immediately, no later than within 14 days. Failure to provide or incomplete provision of the information specified in Section 17.3 may make it difficult or impossible to respond to the complaint.

17.6. A complaint may be submitted anonymously if providing the User's personal data is not necessary for processing the complaint.

17.7. Helix will send the User a response to the complaint to the email address to which the complaint was sent unless the User has indicated that he/she wishes to receive a response to a different email address.

18. WITHDRAWAL FROM THE CONTRACT

18.1. The User does not have the right to withdraw from the contract for the provision of Transactional Services concluded at a distance on the basis of Article 38, paragraph 1, point 1 of the Consumer Rights Act. The User has given prior and express consent to Helix's performance of the Transactional Service in full and has been informed prior to Helix's performance of the Transactional Service that once the Transactional Service has been performed, the User will lose its right of withdrawal and the User has acknowledged this.

19. DISPUTES & ODR

19.1. If a dispute, claim or any matter arises in connection with these Terms, the User may contact Helix first in accordance with Section 26 below.

19.2. The User is entitled to make use of out-of-court complaint and redress procedures.

19.3. For this purpose, the User who is a Consumer may, in particular, seek assistance from consumer organisations and municipal or district consumer ombudsmen. A link to the search engine for consumer support institutions is available on the website of the Office of Competition and Consumer Protection: UOKiK - Consumers - Consumer institutions - Search engine for institutions.

19.4. The User can also use the Online Dispute Resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/.

20. KYC AND OTHER AML MEASURES

20.1. Helix is an obligated institution within the meaning of Article 2(1)(12) of the AML Act as an entity entered into the register of virtual currency activities kept by the Director of the Tax Administration Chamber in Katowice. Under the Applicable Law (including the AML Act), Helix has a legal obligation to identify the User and verify the User's identity in accordance with the requirements of the AML Act and internal AML/CFT procedures of Helix.

20.2. The User is obligated to comply with Helix’s requests as regards the provision of documents, personal data, or other information required under the AML Act for AML/CFT purposes, in particular to:

20.2.1. undergo the KYC (Know Your Customer) Verification Procedure set up by Helix;

20.2.2. where required to provide information or documents to Helix, provide such information or documents truthfully, accurately, without withholding or conceiving any data, without any undue delay and, if possible, in the form and language requested by Helix;

20.2.3. immediately inform Helix of any changes to the provided information or documents or update them whenever they change.

20.3. A positive result of the Verification Procedure is a condition for the use of the Transactional Services.

20.4. The User declares that he or she:

20.4.1. does not carry out any illegal activity, including money laundering, financing of terrorism or any other activity in violation of any state or international sanctions as defined by Applicable Law;

20.4.2. is not indicated on any Sanction Lists;

20.4.3. the User’s Virtual Currencies and/or Virtual Assets in the User’s Wallet come from legitimate sources.

20.5. Helix does not provide Services to Users who fail to comply with the standards set out in Section 20.3. Such cases constitute a breach of the Agreement through the fault of the User.

20.6. The User acknowledges that:

20.6.1. his or her personal data will be processed by Helix in accordance with the requirements of the AML Act and internal AML/CFT procedures of Helix;

20.6.2. Helix may disclose personal data of a User to Third Parties such as KYC solution providers, agencies engaged in identity verification, compliance data recording, credit agencies, fraud prevention or financial crime prevention;

20.6.3. information on the processing of User’s personal data in connection with measures applied under the the AML Act and internal AML/CFT procedures of Helix is set out in the Privacy Policy;

20.6.4. Helix will always cooperate with law enforcement agencies worldwide, without limitation, in connection with any criminal investigation.

20.7. Helix has the right to terminate any and all agreements with the User with immediate effect, refrain from carrying out some or all transactions ordered by the User, lock the Account, notify competent authorities or apply any other AML/CFT security measures – as required under the AML Act and internal AML/CFT procedures of Helix and in compliance with the Applicable Law.

21. LIABILITY

21.1. Subject to the mandatory provisions of the Applicable Law, Helix shall not be liable:

2.1.1. for investment decisions made on the basis of the Platform Content or for the results obtained on the basis of the Platform Content. In particular, Helix will not be obliged to compensate the User for any damages, including loss of profits, resulting from decisions or actions taken by the User based on knowledge obtained from the Platform Content provided. It is the User's responsibility to assess the merits and risks of using any information and Platform Content published on the Platform or made available through the Services, with Helix making reasonable efforts to keep the Platform Content up to date. Helix does not provide any information that constitutes financial or investment advice. The User represents that they understand that Helix is not responsible for the User's level of financial or investment knowledge or competence. All decisions by the User should be made on the basis of the User's available knowledge and taking into account the User's individual situation. Helix recommends seeking the support of professional investment or financial advisors before using the Platform. Helix is not such an investment or financial advisor;

21.1.2. for restricting, delaying or preventing, in whole or in part, the User’s access to the Platform or the Services as a result of acts, events, omissions or accidents beyond its reasonable control, including, strikes, failure of public utility services or telecommunications network, including the internet or blockchain network, war, riot, civil commotion, malicious damage;

21.1.3. for restricting, delaying or preventing, in whole or in part, your access to the Platform or Services due to necessary maintenance, upkeep or development work (including updates) in relation to the Platform or Services;

21.1.4. for damage caused by circumstances beyond its direct or indirect control, in particular:

21.1.4.1. Third Party Services, including those that can be accessed via a link from the Platform, their accuracy and completeness;

21.1.4.2. damages resulting from errors or faults arising from blockchain technology, theft, hacking or changes to protocol rules or protocol bifurcations;

21.1.4.3. damages resulting from the malfunctioning of information and communication systems, for the operation of which Helix is not responsible, including the Internet or blockchain networks;

21.1.4.4. acts or omissions of the User, in particular for damages caused by the illegal use of any of the Services;

21.1.4.5. loss or damage suffered by the User as a result of the illegal or fraudulent activities of Third Parties;

21.1.4.6. User Content, including its accuracy and completeness;

21.1.5. for any losses incurred by the User as a result of using the blockchain network, including losses, damages or claims arising from (i) User error (e.g. forgotten access information such as private keys, or misconstrued smart contracts or other transactions); (ii) server failure or data loss; (iii) corrupted Wallet files; (iv) unauthorised access or actions of third parties, including but not limited to the use of viruses, phishing or other means of attack on the Platform, the Wallet or any other tool connected to the Platform;

21.1.6. for any losses incurred by you as a result of the blockchain network, the Wallet or any other third party tool connected to the Platform not functioning or malfunctioning, including late reports (or lack of reports) by developers or agents of any problems with the blockchain serving, including forks, technical problems with nodes or any other problems causing or likely to lead to loss of funds;

21.1.7. for any losses incurred by the User as a result of failures, disruptions, errors, distortions or delays in communication when using the Internet or the blockchain network;

21.1.8. for any mistake, error or defect that may arise from the User’s activity as a result of the entry of incorrect, incomplete or mistaken data into the Platform interface or the issuance of incorrect, incomplete or mistaken Instructions;

21.1.9. for any loss or damage arising from (i) the use of your Account by the User or any third party with or without your authorisation or (ii) caused by the authorised or unauthorised use of your Account credentials, including, but not limited to, disclosure of information, consent or acceptance of terms and conditions or terms and conditions by clicking on a website, etc;

21.1.10. if permitted by Applicable Law, for lost profits, loss of goodwill or loss of data in cases where this is due to an act or omission of third parties for which Helix is not responsible.

21.2. Subject to the mandatory provisions of the Applicable Law and other provisions of these Terms and Conditions, the total liability of Helix on any basis (i.e. contractual, tort) for damages caused by Helix to the User other than a consumer in any calendar year of these Terms shall be limited to an amount equal to 100 % of the sum of paid Fees due for that one full calendar year of the Services, calculated in accordance with the provisions of these Terms and Conditions, including Annex 1 to these Terms and Conditions.

21.3. Subject to the mandatory provisions of Applicable Law, the User, other than a Consumer, agrees to defend Helix, Helix's affiliates and their employees, officers, directors, agents, joint ventures and representatives ("Helix entities") from any and all claims, fees, administrative fines, liabilities and damages incurred by or asserted against Helix as a result of any violation of these Terms and Conditions or Applicable Law by the User. The User agrees to indemnify the Helix Entities for the expenses referred to in the preceding sentence, including the costs of defending the rights of the Helix Entities, in particular the costs of legal assistance, and, if incurred by the Helix Entities, to reimburse the Helix Entities.

21.4. The User, who is a legal person, is responsible for the acts or omissions of the natural person who accesses and uses the Account of such User.

22. TERMINATION OF AGREEMENT

22.1. The User may delete the Account at any time without stating a reason or incurring any costs. To exercise the User must send an email to support@helixic.io. Upon deletion of the Account, the Agreement will be terminated.

22.2. In the event that Helix suspends or closes the Account, the User will not be able to access the Account or use any Services, with the exception of the Content Access Service. In such case, if it is in accordance with Applicable Law, including decisions, stipulations or other acts of competent authorities, Helix reserves the right to cancellation of unexecuted and/or pending Orders.

22.3. In the event of suspension or termination of the User’s Account, Helix may notify the User of such suspension or termination insofar as permitted by Applicable Law. The User acknowledge that Helix is under no obligation to disclose any findings or information obtained through Helix's security and risk management procedures.

22.4. Helix may terminate the User Agreement by suspending the User’s Account, with immediate effect if any of these valid reasons arise, in particular:

22.4.1. The User is in breach of these Terms and Conditions, in particular the rules of conduct set out in Section 4. COMPLIANCE WITH LAW and Section 20 KYC AND OTHER AML MEASURE (where applicable) or in Section 6. RULES FOR THE USE OF SERVICES;

22.4.2. The User grossly violates Applicable Law or the rights of Helix or Third Parties in connection with the User's use of the Services, in particular intellectual property rights;

22.4.3. The User carries out activities detrimental to Helix or Third Parties, in particular activities that violate or threaten the security of ICT systems;

22.4.4. The User uses the Services in a manner contrary to their purpose or scope as set out in these Terms and Conditions;

22.4.5. The User attempts to gain unauthorised access to the Platform or to another User's Account, or to assist others in such attempts;

22.4.6. The User overcomes software security features that restrict or protect the use of Platform Content;

22.4.7. The User fails to pay the Fee(s);

22.4.8. unexpected operational difficulties;

22.4.9. it is requests from law enforcement or other public authorities.

23. AMENDMENTS TO THE TERMS AND CONDITIONS

23.1. Helix reserves the right to amend these Terms and Conditions for important reasons, i.e.:

23.1.1. changes relating to the Fees, including their amount, method of calculation or manner of collection;

23.1.2. changes relating to the Gas Fee, including information on its estimated amount (before the operation) and its actual amount (after the operation), and changes to the way it is collected;

23.1.3. in the event of a change in legislation, the need to adapt the Terms and Conditions to legislation directly affecting the Terms and Conditions and resulting in the need to modify them to comply with the law;

23.1.4. the need to adapt these Terms to recommendations, orders, rulings, provisions, interpretations, guidelines or decisions of authorised public authorities;

23.1.5. extending or changing the functionality of the Platform, including the introduction of new services provided electronically or changing the existing functionality of the Platform;

23.1.6. changing the technical conditions for the provision of the Services;

23.1.7. the need to rectify any ambiguities, errors or clerical mistakes that may have occurred in these Terms;

23.1.8. change of contact details, names, identification numbers, electronic addresses or links provided in these Terms and Conditions;

23.1.9. to prevent abuse or for security reasons, including to enable the Services to be used in a legally compliant manner;

23.1.10 improving the quality of service.

23.2. If the User is the Consumer, Helix will inform the User of the planned change to these Terms by publication on the Platform, or by email that the User has provided when using the Services

23.3. With the reference to the above Section 23.2. Helix will provide the User, who is the Consumer, with:

23.3.1. the content of the planned change to these Terms;

23.3.2. the effective date of the change no less than 7 days prior to such change;

23.3.3. the consolidated text of the amended Terms.

23.4. If the User does not agree to the proposed changes of these Terms, the User is entitled to terminate Agreement under these Terms, effective on the day immediately preceding the date of the proposed amendment. The User must inform Helix of the User’s decision by sending an email to the following email address: support@helixic.io. Continued use of the Platform or the Services means that the User agrees to be bound by the current version of the terms.

23.5. The current Terms and Conditions are always available on the Platform.

24. APPLICABLE LAW

24.1. The Terms and Conditions shall be governed by Polish law, subject to Section 24.2 below. In matters not regulated in these Terms, the relevant provisions of the Applicable Law shall apply.

24.2. The Terms and Conditions do not limit any rights of the User as a Consumer that cannot be excluded or limited under Applicable Law. In the event that the User as a Consumer has such rights which cannot be limited, the provisions of the Applicable Law shall apply.

24.3. If any disputes arise in the future concerning the Terms and Conditions, they will be settled by a court of competent jurisdiction.

25. FINAL PROVISIONS

25.1. The Terms and Conditions, including the annexes to the Terms and Conditions, comprise the entire contractual relationship between the User and Helix and supersede all prior arrangements, agreements and understandings of any kind between the User and Helix.

25.2. The User and Helix are independent entities. Nothing in the Terms and Conditions creates any relationship between the User and Helix other than a relationship between independent entities, including no partnership or joint venture. The User is not authorized to make any commitments on behalf of Helix.

25.3. In the event that the Services cannot be provided due to factors beyond Helix's control, including, but not limited to, force majeure events, changes in the law, or changes in sanction lists, Helix will not be liable for the Services provided under the Agreement during the period in which the Services cannot be provided due to such factors.

25.4. Helix reserves the right to transfer the rights and obligations of Helix set out in the Terms and Conditions to other entities belonging to the Helix group of companies. If the User does not consent to such transfer, the User will be entitled to terminate the Agreement and close the Account.

25.5. If any provision of the Terms and Conditions of Use is declared invalid or ineffective in whole or in part by a court or other competent authority, or if the invalidity or ineffectiveness of any provision of the Terms and Conditions of Use is based on binding legal provisions, or if any provision of the Terms and Conditions of Use proves to be unenforceable in whole or in part, the remaining provisions of the Terms and Conditions of Use shall remain in full force and effect.

25.6. All warranties, representations, conditions and any other terms of any kind implied by statute or common law are excluded to the fullest extent permitted by applicable law.

26. CONTACT

26.1. The User may contact Helix on matters related to the Platform or the Services through one of the following channels:

26.1.1. email: support@helixic.io

26.1.2. +48 (22) 389 6754 (on Business Days from 9am to 5pm CET).

26.2. Helix may communicate with the User through the same contact channels as set forth in Section 26.1 above. If the User uses these communication channels, the User agrees that Helix may communicate with the User through these channels in response.

26.3. Helix may also communicate with the User by posting information on the Platform or by sending the User an email to the email address that the User has provided when using the Services.

27. DEFINITIONS

All capitalised terms in the Terms and Conditions and its annexes shall have the following meanings:

• Account - the set of functionalities for the User after registration and after logging in on the Platform, available within the Account Service.
• Agreement - the agreement concluded between the User and Helix on the basis of the model agreement, i.e. the Terms and Conditions, including its annexes.
• AML Act - Act of 1 March 2018 on Anti-Money Laundering and Countering the Financing of Terrorism (consolidated text: Journal of Laws 2023, item 1124, as amended).
• AML/CFT – anti-money laundering and counter financing of terrorism.
• Applicable Law - any and all applicable laws, statutes, ordinances, orders, regulatory requirements, rules and regulations and other similar legal instruments, whether state, EU, federal or local, in force at any time in relation to the User or Helix in connection with the Agreement, including the AML Act.
• Business Day - shall mean a day from Monday to Friday excluding public holidays in Poland.
• Buy Order - is an order to purchase the User's Virtual Currencies or Virtual Assets via the Platform, which involves the transfer to the User of the Virtual Currencies or Virtual Assets purchased by the User in exchange for Virtual Assets or Virtual Currencies.
• Consumer - any natural person making a legal transaction with Helix which is not directly related to its professional or business activity.
• Consumer Rights Act – Act of 30 May 2014 on Consumer Rights (consolidated text: Journal of Laws 2020, item 287, as amended).
• Content - any content, comments, remarks, data, information, text, photos, images, digital or other material.
• Fee(s) - all amounts payable by the User to Helix as determined under the Terms and Conditions and its annexes.
• Funding Wallet – non-custodial wallet created upon registration for the User. Helix has no control over Funding Wallet.
• Gas Fee (Gas Fee) - the amount payable by a User to the network validators for conducting a blockchain transaction through the Platform, which is charged by the network validators. The Gas Fee is not a Fee, including it is not a charge levied on Helix.
• GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ EU. L. 2016 No. 119, p. 1 as amended).
• Helix - Helix Markets sp. z o.o. with registered office in Warsaw, address: Plac Marszałka Józefa Piłsudskiego 1, 00-078 Warsaw, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XII Economic Division of the National Court Register under the company registration number (KRS) 0001069432having the tax identification number (NIP) 5252980414, statistical identification number (REGON) 526957268, with the share capital of PLN 5,000.
• ICT system - means without limitation, all computers, communications, electronic, data processing or cloud systems used by Helix or the User in relation to the use and/or provision of the Services.
• Instructions - are (i) instructions given or directed via the Platform from the User to Helix or, (ii) the rules of Helix as set out in the Terms and Conditions, including the rules under Applicable Law.
• IOC Order – Immediate or Cancelled Order is an order to buy or sell Virtual Assets or Virtual Currencies that attempts to immediately execute all or part of an Order and then cancel the unexecuted part of the Order.
• Maker Fee – a fee charged to the Users who provide liquidity to the market (e.g. they order the purchase or sale of an order that is not immediately matched by existing orders in the Orderbook and remains in the Orderbook until another User matches it).
• Order - is an Order to Sell or an Order to Purchase, which involves the transfer to the User's Trading Wallet of Virtual Currencies or Virtual Assets purchased by the User.
• Orderbook - is in particular a list of Buy Orders and Sell Orders for the Virtual Assets or Virtual Currencies organized by price level.
• Platform - the online platform operated by Helix on which the Services are provided, available at: https://www.helixmarkets.io/.
• Platform Content - any content that Helix makes available on the Platform.
• Prohibited Content - User Content that (i) infringes any intellectual property or other proprietary rights of Helix or any third party, (ii) contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any of the Services, (iii) constitutes or poses a threat to the privacy or security of any person, (iv) constitute unsolicited or unauthorized advertising or commercial activity, (v) are unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, libelous or otherwise objectionable, or (vi) in the sole judgment of Helix, are inappropriate or restrict or inhibit others from using the Services, or may expose Helix or Users to any damage or liability of any kind.
• Prohibited Jurisdiction - any country, state, territory or other jurisdictional unit in which it is prohibited or restricted to conduct activities involving Virtual Currencies or Virtual Assets under Applicable Law, including the AML Act, or sanctions.
• Sale Order - is an order to sell Virtual Currencies or Virtual Assets via the Platform, which involves the transfer of Virtual Assets or Virtual Currencies to the User in exchange for the Virtual Currencies or Virtual Assets sold by the User.
• Sanctions List - a list identifying persons or entities subject to an embargo or other economic sanctions, such as, but not limited to. United Nations Security Council sanctions list, European Union or European Union Member State sanctions lists, lists promulgated by the General Inspector of Financial Information in Poland on the basis of UN Security Council resolutions, issued under Chapter VII of the UN Charter, concerning threats to international peace and security caused by terrorist acts, in particular, on the lists referred to in point 3 of United Nations Security Council Resolution 2253 (2015) or in point 1 of United Nations Security Council Resolution 1988 (2011), the lists promulgated by the Minister of Internal Affairs and Administration on the basis of the Act on Special Solutions to Counteract Support for Aggression against Ukraine and to Protect National Security.
• Services - the services provided by Helix (Service Provider) to the User (Service Recipient) through the Platform, i.e.: (i) the Content Access Service, (ii) the Account Service; (iii) the Access to the Online KYC Service; (iv) the Transactional Service.
• Slippage - the difference between the expected price of the Order and the price when the Order actually executes.
• Taker Fee – a fee charged to the Users who remove liquidity from the market (e.g. Users who place the order that matches immediately with an existing order in the Orderbook).
• Terms and Conditions / Terms - these Terms and Conditions of the Helix Platform, including the annexes to the Terms and Conditions.
• Third Party – an entity other than Helix or Helix’s affiliates that provides the Third Party Services.
• Third Party Service – software or services provided by an entity other than the Helix or the Helix’s affiliate that are linked to from the Platform.
• Trading Wallet – non-custodial wallet used for exchanging of User’s Virtual Currencies or Virtual Assets. In order to use the Trading Wallet, the User should transfer Virtual Assets or Virtual Currencies from the Funding Wallet to the Trading Wallet.
• User - a natural or legal person using the Services or the Platform.
• User Content - any Content that Users upload to the Platform, share with other Users via the Platform or generate when using the Services.
• Virtual Asset - a digital representation of value or right that can be transferred and stored electronically using distributed ledger technology (DLT) or similar technology other than Virtual Currencies.
• Virtual Currencies - virtual currencies as referred to in Article 2(2)(26) of the AML Act.
• Verification Procedure - part of the KYC (Know Your Customer) process carried out by Helix to identify the User and obtain the relevant information required under the Applicable Law (including the AML Act) concerning anti-money laundering and counter terrorism financing. The Verification Procedure consists in particular of all the activities that Helix performs as part of the Access to the Online KYC Service and the Third Party acting on behalf of Helix providing the KYC service.
• Wallet - a digital cryptocurrency wallet belonging to the User and not connected to the Platform.
  

ANNEX 1 - TABLES OF FEES

ANNEX 2 - RISK INFORMATION

1. Report from Helix

1.1. Helix is solely a provider of the Services. Helix is not a broker, financial advisor, investment advisor, tax advisor or legal advisor and has no fiduciary relationship or obligation to the User with respect to any decision or action taken by the User accessing or using the Platform Services. No communication or information provided to the User by Helix is intended or shall be deemed or construed to be a solicitation of an offer to purchase, investment advice, financial advice, legal advice or any other advice. The User should take or refrain from taking action based on their own knowledge and experience. For financial, legal, tax or investment advice in an individual case, the User should contact a qualified financial, legal, tax or investment adviser.

1.2. Helix does not have custody, possession, right, title or interest in or control over Virtual Assets or Virtual Currencies belonging to Users, in particular Helix does not provide a custodial wallet service. The User acknowledges that all Virtual Assets or Virtual Currencies are beyond the control of Helix.

2. Risks associated with Virtual Currencies

2.1. The User accepts and acknowledge the risks associated with the use of Virtual Assets or Virtual Currencies, including the following risk factors:

2.1.1. the prices of Virtual Currencies and their liquidity are extremely volatile and fluctuations in the prices of any Virtual Currency may materially and adversely affect the value of the Virtual Currencies which the User instructs Helix to buy or sell;

2.1.2. Virtual Currencies are digital assets that exist on the basis of distributed ledger technology. Helix has no control over the smart contracts that are used to carry out operations on blockchain networks, nor does it make any guarantees, warranties or promises in relation to their operation;

2.1.3. the development of cryptography as a field, which means, among other things, advances in code-breaking or technical advances, such as the development of quantum computers, which may pose a threat to the blockchain network, the Wallet, Virtual Currencies and the Platform, which may result in the theft or loss of the User's funds.

2.2. The regulatory environment concerning digital assets, Virtual Assets or Virtual Currencies continues to develop. The application and interpretation of existing laws and regulations are often largely untested and there is a lack of certainty as to how they will be applied. New laws and regulations will be promulgated in the future that apply to blockchain technology and Virtual Assets or Virtual Currencies and related services providers, and no assurance can be given that any such changes will not adversely affect Virtual Assets or Virtual Currencies generally or the Services. It is not possible to predict how such changes would affect the price and liquidity of Virtual Assets or Virtual Currencies generally, or the Services. Regulatory actions could negatively impact Virtual Assets or Virtual Currencies in various ways, including, for purposes of illustration only, through a determination (with retrospective or prospective effect) that Virtual Assets or Virtual Currencies or their derivatives are regulated financial instruments requiring registration or licensing in certain jurisdictions.

3. Risks associated with the Platform

3.1. You accept and acknowledge the risks associated with the use of the Platform, including the following risk factors

3.1.1. inherent security risks associated with the provision of information and online transactions over the Internet; Helix implements appropriate technological and organisational safeguards to reduce the risk of any security breach that may result in the accidental or unlawful destruction, loss, alteration, disclosure or access to User information;

3.1.2. the inherent security risks associated with the use of online resources, including, but not limited to, risks associated with hardware, software and internet connections, the risk of introducing malware and the risk that third parties may gain unauthorised access to information stored in your Wallet;

3.1.3. the risk of failure of the Platform resulting from unforeseen or increased technical difficulties, including cyber-attacks, unexpected increases in activity or other operational or technical difficulties that may cause interruptions or delays on the Platform;

3.1.4. the possibility of unauthorised third parties under attack making unauthorised changes to the Platform or the software underpinning the Platform, and therefore the User should verify all information on the Platform before relying on it, and any decisions based on Platform Content are the sole responsibility of the User.

4. Risks associated with the Transactional Service

4.1. Helix operates in accordance with the Instructions.

4.2. The User accepts and acknowledges the risks associated with the use of the Transactional Service.

4.3. The User declares that he/she has read and understood the following rules for the safe use of the Transactional Service:

4.3.1. Helix does not promote or organise giveaways or raffles (giveaways) - official promotions and referral programmes are only announced through channels belonging to Helix, e.g. on the Platform;

4.3.2. Helix only communicates with the User via support@helixic.io.

4.3.3. Helix never calls the User unexpectedly and without notice, regardless of the reason or cause;

4.3.4. Helix will never ask the User to disclose any confidential credentials, for any reason or cause, and will never request remote access to the User's device or recommend changing security settings;

4.3.5. The User’s Account credentials should only be used by the User and she/he must not disclose him/her login credentials to any third party or entity.

4.3.6. The User will only set up two-factor authentication on devices owned and controlled solely by the User and will not allow anyone to access or use the devices used for two-factor authentication.

4.4. Helix may have to limit the availability of certain Agreements or disallow Users based on their citizenship, residence or location from engaging in any transactions on the Platform if doing so becomes commercially unsustainable or legally prohibited, which could materially affect the price and liquidity of transaction. The User understands that ultimately it is your responsibility to make sure that he/she complies with any and all local regulations, directives, restrictions and laws in his/her place(s) of residence before using Helix’s Platform or Services. Helix strictly states that Helix does not permit the use of the Platform or Services by Users from a Prohibited Jurisdiction. Helix does not offer or solicit the use of the Platform or Services to any person located in any Prohibited Jurisdiction or any other jurisdiction in which the specific use of the Platform or Services is not authorised or is otherwise prohibited by local laws.

5. Risks associated with the Account

5.1. The User must notify Helix without undue delay of any unauthorised use of your Account or password, or any other breach of security.