Terms of Use

Last Updated: 01 Sep 2024


PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE ETHELIX WEBSITE AND SERVICES. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT USE THE ETHELIX WEBSITE OR SERVICES.

1. Agreement and Scope

This document serves as the Terms and Conditions (the “Terms”) governing your use of Ethelix’s website, www.ethelix.com (the “Website”), operated by Ethelix, a digital asset investment fund registered in the British Virgin Islands (“BVI”). Ethelix reserves the right to modify these Terms at any time. By continuing to use the Website after changes are posted, you accept the updated Terms. You are encouraged to review these Terms periodically.

2. Important Information

The information provided on this Website is derived from sources Ethelix believes to be reliable and current. However, Ethelix, its affiliates, directors, and employees do not warrant, guarantee, or represent—either expressly or impliedly—the accuracy, validity, or completeness of this information. This information is subject to change without further notice, and no part of this information may be copied, reproduced, or redistributed without express permission from Ethelix. Ethelix shall not be liable for damages arising from reliance on this information or for any errors or omissions (including those made by third parties).

Disclaimer on Investment Advice

Opinions and commentary on this Website do not constitute financial, legal, accounting, or tax advice and should not be interpreted as recommendations to buy, hold, or sell shares in any Ethelix funds or other investments. You should consult independent financial advisors to evaluate any investment’s suitability based on your specific circumstances.

Risk Disclosure on Digital Asset Investments

Investments in digital assets involve inherent risks. Blockchain technology and digital commodities remain largely unregulated, with new, evolving applications. Blockchain-based assets may lack established trading markets and may face adverse regulatory actions, fraudulent activities, or operational failures. The value of digital assets and associated income may fluctuate—partially due to exchange rate changes—and investors may not recover their full investment. Ethelix does not guarantee a minimum or positive return. Due to the relatively brief history of digital asset fund management, past performance cannot capture all market phases and is not indicative of future returns. Investments in Ethelix portfolios are more volatile than traditional market averages. Portfolio holdings are subject to change and should not be considered investment advice or recommendations for any particular security.

Investment Suitability and Risk

The information provided does not address all risks and other important aspects of investing in Ethelix products. Prospective investors should consult the relevant offering memorandum and investor agreement to understand each fund’s risk and return profile, considering individual risk tolerance before making any commitment.

3. Eligibility to Use the Website

By accessing Ethelix’s Website, you confirm that:
  • You are at least 18 years old.
  • You have the legal right and capacity to enter into this agreement.
  • You comply with all applicable laws and regulations within your jurisdiction, especially those regarding digital assets.
This Website is not intended for residents of jurisdictions where its use is prohibited by local law. It is your responsibility to be aware of and comply with all relevant regulations in your jurisdiction.

4. Digital Assets and Investment Risks

Ethelix provides no assurances of returns or guarantees against the risks associated with digital asset investments. Investments are inherently volatile and speculative; users should consult a qualified financial advisor prior to investment.

4.1 Market Volatility:

Digital assets are subject to significant fluctuations due to external factors such as market demand, regulatory changes, technology shifts, and economic events. Ethelix is not liable for market losses.

4.2 Security Risks:

Ethelix uses secure technology, but digital assets may be vulnerable to hacking, unauthorized access, and fraud. We strongly advise that users take additional security measures, as Ethelix is not responsible for potential losses.

4.3 Regulatory Uncertainty:

Digital assets face evolving regulatory frameworks. You accept that new laws or restrictions may impact Ethelix’s services and the value of digital assets. Ethelix disclaims liability for losses due to regulatory changes.

4.4 No Assurance of Returns:

Ethelix does not promise profit or guarantee capital protection. Past performance is not indicative of future results, and investments in digital assets may result in a total loss of capital.

5. Informational Purposes Only; No Advice

The content on Ethelix’s Website is for informational purposes only and should not be interpreted as financial, legal, tax, or investment advice. Ethelix does not serve as an investment advisor, and nothing on this Website constitutes a recommendation, solicitation, or offer to purchase or sell any securities or financial instruments. Users should seek independent advice before acting on any information available on the Website.

6. Account Registration and Security

If you choose to register an account on Ethelix, you agree to:
  • Provide accurate, current, and complete information.
  • Maintain the security of your account login credentials.
  • Promptly notify Ethelix of any unauthorized use of your account.
Ethelix is not liable for losses resulting from unauthorized access to your account due to your negligence or failure to secure your credentials.

7. Fees and Charges

7.1 Service Fees:

Ethelix reserves the right to charge fees for specific services. Fees are subject to change and disclosed before service use. By using Ethelix’s services, you agree to pay applicable fees.

7.2 Third-Party Fees:

Users may incur additional fees from third-party service providers involved in their digital asset transactions. Ethelix is not responsible for third-party fees.

8. User Responsibilities and Prohibited Conduct

Users agree not to:
  • Violate any laws applicable to digital assets.
  • Use Ethelix’s services for illegal activities, including but not limited to money laundering or fraud.
  • Engage in unauthorized data extraction, copying, or any actions that might compromise the Website.

9. Intellectual Property Rights

All materials on Ethelix’s Website, including but not limited to text, images, logos, and software, are protected under copyright, trademark, and other intellectual property laws. Users are prohibited from reproducing, distributing, modifying, or publicly displaying any content on this Website without prior written consent from Ethelix.

10. Third-Party Content and Links

The Ethelix Website may contain links to third-party websites solely for informational purposes. Ethelix does not endorse or assume responsibility for the content, accuracy, or practices of external sites, and users agree to access third-party sites at their own risk. Ethelix disclaims liability for any losses arising from your use of third-party sites.

11. Privacy and Data Protection

Ethelix is committed to protecting your privacy and handles your data per our Privacy Policy, which outlines data collection and usage practices. By using our Website, you agree to these practices.

12. Limitation of Liability

12.1 “As Is” Basis

The Ethelix Website and services are provided “as is” and “as available,” without warranties of any kind. Ethelix disclaims all express and implied warranties, including but not limited to warranties of merchantability and fitness for a particular purpose.

12.2 Liability Cap

To the fullest extent permitted by law, Ethelix and its affiliates are not liable for any direct, indirect, incidental, special, or consequential damages arising from or related to your use or inability to use the Website. In any event, Ethelix’s total liability shall not exceed the fees you have paid directly to Ethelix in the six months preceding your claim.

12.3 No Liability for Loss of Assets

Ethelix is not liable for losses, including those resulting from unauthorized access, market fluctuations, or regulatory changes that impact digital assets. By using Ethelix’s services, you assume full responsibility for the risks associated with digital asset investments.

13. Indemnity

You agree to indemnify and hold Ethelix, its affiliates, and employees harmless from any claims, liabilities, losses, or expenses arising from:
  • Your breach of these Terms.
  • Your violation of any applicable laws or regulations.
  • Any decisions you make based on information from the Website.

14. Termination and Modification of Services

Ethelix reserves the right to modify, suspend, or terminate access to its Website or services at any time, without prior notice. In cases where Ethelix restricts or terminates your access, these Terms shall remain enforceable.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of the British Virgin Islands. Any disputes arising from or related to these Terms shall be resolved under the exclusive jurisdiction of the courts in the BVI.

16. Amendments to Terms

Ethelix reserves the right to modify these Terms at any time. Users will be notified of changes, which take effect immediately upon posting. Continued use of the Website after changes indicates acceptance.

17. Miscellaneous

17.1 Severability:

If any part of these Terms is found to be unenforceable, the remaining provisions remain valid.

17.2 Entire Agreement:

These Terms constitute the entire agreement between Ethelix and users regarding Website use and supersede any prior agreements or representations.