Terms of Use

Please carefully read these Terms of Use (hereinafter — the "Terms") before using any services provided by HELEKET PLATFORM, Heleket website (https://heleket.com) (hereinafter — the "Website") and mobile application (hereinafter — the "Application").

Use of our platform and the services provided is governed by these Terms of Use. By continuing to access the Platform or use our Services, you confirm that you have read, understood, and agree to comply with these Terms, as well as any applicable laws and regulations.

If you do not agree with these Terms, please immediately cease using the Platform and do not create an account. Otherwise, you assume all risks and responsibilities associated with storing and trading virtual currency, despite any notifications we may have provided to you.

All information and Services provided on the Website are provided strictly on an "as is" basis, without any warranties.

1. Terms and Definitions

1. Account – an account opened by the User on the Website to access the Services.
2. AML Policy – rules of conduct aimed at preventing money laundering and terrorist financing, developed by the Platform in accordance with Governing Legislation, which are an integral part of the Terms and available at https://heleket.com/aml-policy.
3. Governing Legislation – international norms and agreements applicable in accordance with these Terms to all relations between the User and the Platform.
4. Heleket (also referred to as the "Platform") – an online platform that offers foreign currency transactions, money transfers, virtual currency transactions, and other services set forth in Section 3 of the Terms.
5. Deposit – a transaction involving the transfer of Virtual Currency units from external wallets to the User's Account.
6. Exchange – an exchange operation of Virtual Currency for fiat currency or vice versa, or Virtual Currency for another Virtual Currency, carried out through the Account.
7. Exchange Rate – the value ratio between assets in trading pairs, based on demand, supply, cost, utility of assets, and other economic variables.
8. Fee – a commission or other charges levied by the Platform for the User's use of the Services.
9. Privacy Policy – rules for collecting, storing, and using personal data, developed by the Platform in accordance with Governing Legislation, which are an integral part of the Terms and available at https://heleket.com/privacy.
10. Services – any services provided by the Platform, set forth in Section 3 of these Terms.
11. User (also referred to as "He/She") – an individual or legal entity registered in the appropriate organizational and legal form, who has opened an Account on the Website, has the legal capacity to enter into a legally binding contract and use the Website, and who is not prohibited from doing so and using the Services in accordance with Governing Legislation or any other applicable laws.
12. Virtual Currency – a decentralized peer-to-peer digital asset with no central issuer and not being legal tender, securities, electronic money, or money in accordance with Governing Legislation.
13. Virtual Currency Seller – a third-party provider of goods and/or services that accepts payments in virtual currencies through the User's Account on the Platform.
14. Website – the internet site maintained and owned by the Platform located at https://heleket.com/.
15. Withdrawal – a transaction involving the transfer of Virtual Currency units from your Account to external wallets.

2. Status and Acceptance of the Terms of Use

1. These Terms constitute a legally binding agreement between the User and the Platform.
2. These Terms apply to all Services, information, texts, and other products offered on the Website by the Platform.
3. By accessing the Website, opening an Account on the Website, or checking the box "I agree to the Terms of Use, Privacy Policy, and AML Policy," the User agrees to comply with these Terms and confirms that he/she has read, understood, and accepted all provisions of these Terms, as well as the provisions of our Privacy Policy, AML Policy, and other legally binding documents publicly available on the Website.
4. The User may not use the Website and create an Account if he/she has not read, understood, and accepted all provisions of these Terms.
5. The Platform may modify, delete, or add content to the Terms and reserves the right to do so at its discretion. All new and/or revised provisions of the Terms take effect immediately and apply to the use of the Website, Account, and Services by Users from that date. Please regularly check these Terms to be aware of all current provisions of these Terms.
6. The Platform has the right, but is not obligated, to notify the User of changes to these Terms. Notification, if necessary and at the discretion of the Platform, may be posted on the Website or sent to the User by email. The User undertakes to independently and regularly monitor the current version of the Terms published on the Platform's Website.
7. The User can familiarize himself/herself with the most current version of the Terms using the link to the Terms of Use. If the User continues to use the Website after the Platform makes changes to the Terms, he/she explicitly confirms his/her agreement with the new and/or revised Terms.
8. These Terms, including our Privacy Policy and AML Policy, all notifications, notices, policies, warnings, and disclaimers constitute the complete agreement between the User and the Platform.

3. Services

1. The Platform provides the following services on the Website (collectively – "Services," and individually – "Service"):

   • Exchange of Virtual Currency units for units of another Virtual Currency/fiat money;
   • Virtual Currency wallet services;
   • Deposit and withdrawal of Virtual Currency units on the Platform.
2. When providing the Service of exchanging Virtual Currency units for units of another Virtual Currency or fiat money, the Platform uses the prevailing spot market exchange rate at that time for the given trading pair (e.g., BTC/USD). Additionally, the User acknowledges and agrees that while prices displayed on our Platform may reflect market data from various sources, they are not obtained directly from any single source and therefore may differ from prices the User may observe elsewhere (including prices listed on other exchanges, conversion services, and market data providers).
3. When providing the Wallet Service, the Platform offers the User a secure digital wallet for Virtual Currencies, designed for exchanging, storing, and withdrawing Virtual Currency units, and securely stores the User's private keys for these purposes.
4. To access the Services set forth in Sections 3.2.-3.3. of the Terms, the User must deposit Virtual Currency units on the Platform.
5. Deposits and withdrawals are carried out in accordance with Section 9 of the Terms.
6. The Platform may at any time disable access to the Website, Account, and/or a specific Service or all Services in general and reserves the right to do so at its discretion without explanation and without notifying the User.
7. The Platform offers Services only in relation to Virtual Currencies that the Platform supports. Please regularly check the Website to find out which Virtual Currencies are supported. The User should not attempt to use his/her Account to deposit Virtual Currencies that the Platform does not support.
8. The provision of Services may be delayed due to circumstances including, but not limited to, technical difficulties, reasonable doubts regarding the nature or source of funds deposited on the Platform, conducting AML/KYC checks as specified in the AML Policy, etc.
9. The Platform may also provide the User with the aggregate nominal value of all his/her assets in EUR, BTC, or any other currency or Virtual Currency based on their current exchange rate.

4. Right to Use

1. To access the Services, the User must open an Account on the Website by going through the registration procedure on the Website.
2. Services and use of the Website are available to individuals or legal entities who:

   • have reached the age of at least 18 years (for individuals);
   • have the legal capacity to enter into a legally binding contract and use the Website, and are not prohibited from doing so and using the Services in accordance with Governing Legislation or any other applicable laws;
   • reside or are registered in countries and territories that we support.
3. A User may have only one Account on the Website. The User should not create more than one Account on the Website unless explicitly permitted by the Platform.
4. The User does not have the right to create an Account on the Website if his/her Account was previously suspended by the Platform.

5. Personal Account

1. When opening an Account on the Website, the User guarantees that any and all information provided by him/her is accurate, valid, current, and complete.
2. The User does not have the right to use his/her Account for illegal purposes and activities, which may include, but are not limited to, money laundering, terrorist financing, human trafficking, drug trafficking, weapons trafficking, and sex trafficking, or tax evasion (AML).
3. The User does not have the right to create an Account on behalf of another person or organization unless he/she is legally authorized to do so.
4. The User is solely responsible for ensuring the security of his/her Account. Personal login, password, or any other access data should not be transferred to other persons.
5. The User is obligated to immediately notify the Platform upon detection of any security breach or unauthorized use of his/her Account. In this case, the User should immediately contact us at support@heleket.com.
6. The Platform reserves the right to suspend the User's Account without providing notice or explanation in case of any violation of these Terms.

6. Registration Requirements

1. To gain access to the Services provided on the Website, the User is required to provide certain information and documents and undergo a verification procedure. For additional information, the User is strongly encouraged to familiarize himself/herself with the Anti-Money Laundering Policy.
2. The Platform has the right at any time to request that the User provide additional documents and information and/or updated documents and/or information and documents previously submitted, and reserves the right to do so at its discretion. Failure to comply with these requirements may result in temporary or permanent termination of Services and/or suspension of the Account.
3. The User is solely responsible for the accuracy, validity, and correctness of all information and documentation that he/she submits to the Platform. In case of any error, typo, update, or change in information or documents that the User previously submitted, he/she is obligated to immediately notify the Platform.
4. Information and documents submitted by the User to the Platform are processed in accordance with the provisions of our Privacy Policy.

7. User Conduct

1. When visiting, accessing, using the Website and Services, the User agrees:

   • not to violate and not to help third parties violate these Terms and/or any Governing Legislation, which may include, but is not limited to, international laws, national laws, statutes, regulations, etc.;
   • not to provide false, inaccurate, incomplete, and misleading information to the Platform;
   • not to infringe on the intellectual property rights (trademark, copyright, patent, and other intellectual property rights) of the Platform specified in Section 13 of these Terms;
   • not to use the Website in any way that may damage, disable, or overload the Website, which may include, but is not limited to, uploading or by any other means, when using the Website, sending viruses, trojans, spyware, adware, or any other malicious code; performing DDoS attacks, interfering with or disrupting the operation of any network, equipment, or server connected to the Website or used to provide services on the Website;
   • not to attempt to gain unauthorized access to the Website, Accounts of other Users, computer systems or networks connected to the Website, or to extract data from the Website;
   • not to transfer personal Account and/or password to third parties or use the Account and/or password of any other person;
   • not to impersonate another User, person, or organization or misrepresent personal affiliation with them, and not to make other fraudulent, false, deceptive, or misleading statements;
   • not to violate any laws applicable in the User's jurisdiction regarding the use of Virtual Currency;
   • not to violate these Terms and Governing Legislation in any other way (and international norms).

8. Account Closure and Suspension

1. The User may close his/her personal Account at any time at his/her discretion.
2. Before closing his/her personal Account, all of the User's assets must be withdrawn to external wallets.
3. The Platform reserves the right to suspend the User's Account in case:

   • we reasonably believe that the personal Account has been compromised, as well as for any other security considerations;
   • we reasonably believe that the personal Account is being used by a person who does not have the right and/or authority to do so;
   • the User does not comply with these Terms, the AML Policy and Privacy Policy, as well as any other document that is part of these Terms;
   • the User has provided us with any false, incomplete, misleading, inaccurate information;
   • the User, personal Account, his/her conduct pose regulatory risks to the Platform;
   • we reasonably suspect you of fraud, violation of Governing Legislation;
   • other reasons that constitute a violation of these Terms and Governing Legislation.
4. The Platform may, but is not obligated to, notify the User of the reasons for suspending his/her Account. Assets from the User's Account may be frozen without the right to withdraw.
5. In case of closure or suspension of the User's Account, the User remains responsible for all applicable Fees.
6. The Platform is not responsible for any losses incurred as a result of closure or suspension of the User's Account.

9. Deposits and Withdrawals

1. Before using the Services, the User must deposit Virtual Currency units into his/her personal Account, following the Deposit instructions on his/her Account page. Please carefully read the Deposit instructions.
2. The User may withdraw Virtual Currency units at any time at his/her discretion, subject to Account transaction limits and temporary or permanent restrictions imposed during internal investigation or by law (e.g., court orders).
3. The User may withdraw his/her Virtual Currency units in any amount provided that there are sufficient Virtual Currency units to cover the applicable Fees.
4. Each Virtual Currency Withdrawal is subject to a mining fee charged by the respective blockchain network. When sending users' transactions to the blockchain, we will strive to maintain a balance between reasonable fees and processing speed; however, we reserve the right to determine the exact mining fee amount at our discretion. The User can check the exact mining fee amount charged for a particular transaction by checking the corresponding blockchain explorer (e.g., https://www.blockchair.com for BTC and BCH, https://etherscan.io/ for ETH, etc.).
5. The Platform is not responsible for the transfer of the User's Virtual Currency units to other wallets. The User is solely responsible for the accuracy of information necessary to carry out a Withdrawal (i.e., addresses, tags, and any other necessary credentials). The Platform strongly recommends always double-checking the accuracy of information provided for Withdrawal purposes.
6. The User should always remember that transactions in the blockchain network are irreversible, and therefore, once a transaction has been sent to the blockchain network at their request (in case of Withdrawal), we cannot cancel it.
7. The Platform uses an invoice wallet rotation mechanism. Each address assigned for invoice payment has a limited validity period, which is displayed in the interface when creating the invoice. Upon expiration of the invoice timer, the corresponding wallet address is automatically released and may be reassigned for a new invoice of another User.
   In the event that the User makes a payment to credentials (wallet address) whose validity period has already expired, such funds may be credited to another active invoice and, accordingly, to the account of another User. The Platform is not responsible for the loss of funds in such cases and does not have the technical ability to cancel, refund, or redirect such a transaction. However, the Platform has the right, but is not obligated, at its own discretion and subject to technical feasibility, to refund the funds to the User.
   The User is obligated to check the relevance of credentials and the invoice validity timer before making a payment to ensure that payment is made for an active order.

10. Fees

1. The Platform operates on the basis of automatic Fee collection for Services, and the Platform does not issue any invoices. Applicable Fees for any transaction will be displayed to the User before executing that transaction.
2. The Platform may change the Fee structure at any time (including adding new fees for Services provided) and reserves the right to do so at its discretion. The Platform has the right, but is not obligated, to notify the User of such changes. The User undertakes to independently and regularly check current information about the amount and structure of Fees before using the Services. Continued use of the Services after changes to the Fee structure means the User's agreement with such changes.
3. Fees are paid in Virtual Currency that corresponds to the respective Service.
4. Fees must be paid at the time of completion of each transaction.

11. Settlements, Cancellations, and Refunds

1. When depositing, withdrawing, or exchanging Virtual Currency units for another Virtual Currency/fiat money, the corresponding assets must be debited or credited to the User's Account.
2. Once the User's order to exchange Virtual Currency has been executed, it cannot be canceled. Exchanges are final, and refunds are not provided for them.
3. A Virtual Currency exchange order may be canceled by the Platform in case of a technical malfunction of the Platform.

12. Content

1. The Platform may produce and display content ("Content") on the Website, which includes, but is not limited to, information, texts, images, video and audio files.
2. Content is not any form of investment advice, financial advice, trading advice, or any other type of advice, unless specifically stated otherwise, and should not be construed as such. The Platform is not responsible for any actions arising from its Content.

13. Intellectual Property

1. All components, Website Content, and the Website as a whole belong to the Platform and are protected, including, but not limited to, copyright, trademarks, and trade secrets. All rights reserved.
2. The User does not have the right to reproduce, reprint, publish, modify, distribute, display, transmit, license, transfer, or otherwise exploit the Content or technology from the Website without the prior written consent of the Platform.
3. Violation of any intellectual property rights of the Platform is strictly prohibited.

14. Links to Third-Party Websites

1. The Website may contain links to third-party websites or services that are not owned or controlled by the Platform.
2. The Platform has no control over and is not responsible for the content, privacy policies, or practices of any third-party websites or services. The Platform is not responsible, directly or indirectly, for any damage or loss caused or allegedly caused by or in connection with the use of or reliance on any such content, goods, or services available on such websites or services or through them.
3. For more detailed information, it is recommended to familiarize yourself with the public policies of these companies.

15. Confidentiality and Privacy Policy

1. Personal information provided to the Platform by the User, including information provided in accordance with our AML Policy, and any information about the User's use of the Website that the Platform receives, will be governed by our Privacy Policy.
2. The Platform may be required to disclose the User's personal information to law enforcement agencies, data protection authorities, financial regulators, financial service providers, government agencies and officials, and other authorized persons, as specified in the Privacy Policy.
3. In case the Platform suspects the User of violating the AML Policy, we will report such behavior and disclose relevant personal information to the appropriate authorities in accordance with Governing Legislation.

16. Disclaimers and Limitations of Liability

1. For non-performance or improper performance of their obligations under these Terms, the Platform and the User are liable in accordance with these Terms and Governing Legislation.
2. The Website, Content, and Services are provided without any warranties, conditions, or guarantees regarding their accuracy, quality, and suitability for a particular purpose or need. The Platform does not guarantee that the Website and Services are error-free, reliable, or will operate without interruption.
3. The Website and Services are provided to the User on an "AS IS" basis.
4. The Platform does not guarantee that any exchange requests will be accepted, executed, or registered.
5. The Platform is not responsible for the use or inability to use the Website and Services.
6. Under no circumstances shall the Platform, its officers, directors, employees, agents, third-party service providers be liable to the User or any other person or organization for any direct, indirect, incidental, special, punitive, or consequential damages of any nature.
7. The Platform is not responsible for any events that may include, but are not limited to, civil, criminal, and administrative actions that may arise as a result of the User's use of blockchain and Virtual Currency if such use is prohibited or otherwise restricted in his/her country.
8. The Platform, its officers, directors, employees, and agents do not provide investment advice, financial advice, trading advice, legal advice, or any other types of advice.
9. To the extent permitted by Governing Legislation, the User agrees to defend, indemnify, and hold harmless the Platform from any claims, damages, liabilities, losses, liability, costs or debts, and expenses arising from: (i) personal use and access to the Website and Services; (ii) personal violation of any provision of these Terms; or (iii) personal violation of Governing Legislation, including any law, rule, or regulation, or the rights of any third party.
10. In the event of any force majeure circumstances (i.e., events of extraordinary or irresistible nature) that occurred and remain in effect beyond the control of the User and the Platform (the "Parties"), and which the Party could neither foresee nor prevent for objective reasons, if these circumstances prevent the Party from properly performing its obligations hereunder, the period for fulfilling such obligations hereunder shall be extended by the period of such force majeure circumstances.

17. Announcements

1. The Platform may from time to time publish official announcements, news, notifications, etc. ("Announcements") on the Website. Under no circumstances is the Platform liable for any losses arising from the User's neglect or disregard of Announcements.

18. Governing Legislation and Dispute Resolution

1. All services provided under these Terms are deemed to be provided within the scope of international law.
2. A Party shall not commence legal proceedings in connection with a dispute arising out of or in connection with this Agreement unless an attempt at peaceful settlement between the Parties has been made.
3. Disputes and disagreements that may arise in the performance of obligations under this Agreement are resolved by the Parties through negotiations. If a dispute is not resolved within one (1) month after an attempt at peaceful settlement between the Parties, the dispute shall be resolved in accordance with international law.
4. Each party is obligated to maintain confidentiality of all information related to the subject matter of the dispute disclosed during or for the purposes of dispute resolution, except where a regulatory or governmental authority, court, or tribunal requires that Party to disclose such information.

19. Force Majeure

1. We are not responsible for delays, failures, or interruptions in service that are directly or indirectly caused by any causes or conditions beyond our reasonable control, including, but not limited to, any delays or failures caused by natural disasters, acts of civil or military authorities, terrorist acts, civil unrest, war, strikes or other labor conflicts, fires, interruptions in telecommunications or internet services or network provider services, equipment or software failures, other disasters, or any other events that are beyond our reasonable control and do not affect the validity and enforceability of the remaining provisions.

20. Final Provisions

1. These Terms remain in effect until terminated by either the User or the Platform. The Platform may terminate these Terms at any time at its discretion without explaining the reasons for such decision.
2. If any matters are not governed by these Terms, they are governed in accordance with Governing Legislation.
3. These Terms are a legally binding agreement and together with its other integral parts constitute the complete agreement between the User and the Platform.
4. In case the Website is available in multiple languages, the English version of the Terms takes precedence.
5. All provisions of these Terms applicable to the Website apply to other means of providing Services, including the Application, unless specifically stated otherwise.
6. If the User has any comments, questions, or complaints, it is recommended to contact us at support@heleket.com.