Terms of Use

Welcome to Fhenix.

The website at fhenix.io and its subdomains (the "Website") is published, owned, and operated by FHE Labs Ltd., a company incorporated under the laws of the State of Israel ("FHE Labs", "we", "us", or "our").

These Terms of Use (these "Terms") govern your access to and use of the Website. Please read them carefully. By accessing or using the Website, you agree to be bound by them. If you do not agree to these Terms, please do not use the Website.

Certain products, services, applications, tokens, protocols, or other functionality accessible through or referenced on the Website may be subject to additional terms, disclaimers, eligibility requirements, or restrictions. In the event of a conflict between these Terms and such additional terms, the additional terms will govern solely with respect to the relevant product, service, application, token, protocol, or functionality.

1. Purpose and Acceptance

1.1 These Terms set out the conditions on which we make the Website available to you. They apply every time you access it.

1.2 You must be at least 18 years old, and have the legal capacity to enter into a binding agreement, to use the Website.

1.3 We may change these Terms. Each version carries an effective date shown at the top of this document, and superseded versions remain available on request. Where a change is material, we will publish notice of it on the Website at least 7 days before it takes effect. Your continued use of the Website after that date means you accept the revised Terms.

1.4 We may modify, suspend, restrict, or discontinue any part of the Website at any time, including any feature or functionality, and may do so with or without notice and without liability to you, subject to applicable law.

We do not guarantee that the Website will be available at any particular time or that any particular feature will remain available. We may suspend or restrict access where we reasonably believe this is necessary for security, legal, regulatory, technical, operational, or other legitimate reasons.

1.5 Information made available through the Website is provided for general informational and educational purposes only. Although we may seek to keep information accurate and current, we do not warrant or represent that any information, data, documentation, balances, prices, statistics, technical descriptions, or other content available through the Website is complete, accurate, current, reliable, or error-free. You should independently verify information before relying upon it or taking any action based on it.

1.6 Nothing on the Website constitutes or should be construed as an offer, solicitation, invitation, recommendation, endorsement, or commitment to purchase, sell, subscribe for, stake, lend, borrow, or otherwise transact in any digital asset, token, security, financial product, or other instrument, except where expressly stated otherwise in legally binding terms applicable to the relevant product.

Nothing on the Website constitutes an offer or solicitation to any person in any jurisdiction in which such offer or solicitation is unlawful or unauthorized.

1.7 Your use of the Website does not create any fiduciary, advisory, trustee, agency, brokerage, investment-management, or other relationship of trust or confidence between you and us.

2. What the Website Is

2.1 Information only. The Website provides information and documentation about Fhenix - a privacy-preserving EVM infrastructure using Fully Homomorphic Encryption ("FHE") - and about products built on it. Everything on it is provided for general information.

2.2 No transactions on the main site. The main site at fhenix.io does not enable you to connect a digital wallet, acquire, hold, transfer, stake, or redeem any token or digital asset, or interact with any smart contract. It does not offer any product for sale.

2.3 No custody, anywhere. We do not hold, custody, or control any digital asset of yours, and at no time take possession of one. This applies to the whole Website, Demos included.

2.4 The protocol is separate. The "Protocol" means the Fhenix protocol - the open-source smart contracts, coprocessor components, and related on-chain infrastructure that enable FHE computation on public blockchains - as deployed from time to time. The Protocol operates on permissionless public blockchains and is not under our control once deployed. We do not operate it on your behalf, do not permit or gate access to it, and cannot reverse, block, or amend any transaction submitted to it. Products built on the Protocol are not part of it and are governed by their own terms. Nothing on the Website is an offer to transact with you, and we are not party to any transaction you carry out.

2.5 Products have their own terms. Where the Website describes a product, that description is a summary. The product is governed by the documents listed in fhenix.io/legal. Where a product document conflicts with these Terms, the product document prevails for that product.

2.6 Demonstration applications. A Demo is published to show what can be built with our technology. It is an evaluation tool, not a product and not a service we offer you. Each Demo is provided "as is", is intended for use on test networks with test assets only, may be changed, reset, or withdrawn at any time without notice, and may contain defects. Smart contracts used by a Demo have not necessarily been audited. Do not use a Demo with assets of real value, and do not rely on a Demo to hold anything you are not prepared to lose in full. You are solely responsible for confirming that you are connected to the intended network before signing any transaction. We do not warrant that a Demo will prevent you from interacting with a production blockchain or using assets of real value. You acknowledge that blockchain networks and smart contracts involve technological and operational risks, including bugs, exploits, network failures, congestion, forks, reorganisations, and irreversible transactions.

2.7 Wallets and private keys. To use a Demo you may need to connect a third-party digital wallet. That wallet and its provider are not ours and we are not responsible for either. You retain control of your private keys at all times and are solely responsible for safeguarding your keys, wallet, seed phrase, and access credentials. If you lose access to, misplace, or compromise them, any assets associated with that wallet may be permanently inaccessible and cannot be recovered, restored, or otherwise accessed by us or by anyone else under any circumstances. You are responsible for every transaction you sign, including for selecting the correct network, and a transaction submitted to a blockchain cannot be reversed by us.

2.8 Product pages and applications hosted elsewhere. Some parts of the Website are landing pages for products. A landing page describes a product and links to the application where the product is actually used. That application (each a "Fhenix Application") is hosted outside fhenix.io and is not part of the Website. Each Fhenix Application is operated by the entity identified in that application's own terms, and is governed by those terms, which you will be asked to accept there. These Terms govern the landing page you read; they do not govern the product, and nothing on a landing page is an offer, a solicitation, or a commitment to make the product available to you.

2.9 Availability. We may modify, suspend, or discontinue any part of the Website, including any Demo or landing page, at any time and without liability. We do not guarantee that it will be available uninterrupted or error-free.

3. Intellectual Property

3.1 Ownership. All content on the Website - including text, graphics, logos, images, video, software, and documentation - is owned by FHE Labs or its licensors and is protected by copyright, trade mark, and other intellectual property laws.

3.2 What you may do. You may view the Website, and download or print extracts, for your own information and internal business use. Open-source software we publish is licensed separately under the terms accompanying it, and nothing in these Terms limits your rights under those licences.

3.3 What you may not do. You may not reproduce, republish, distribute, sell, licence, modify, or create derivative works from the Website or its content without our prior written permission. You may not use our name, logo, or trade marks without permission, or in any way that suggests an endorsement or association that does not exist.

3.4 Feedback. If you send us suggestions or feedback about Fhenix, we may use them without restriction and without owing you any payment or attribution.

4. Eligibility and Acceptable Use

4.1. Age. You must be at least 18 years of age (or the age of majority in your jurisdiction, if higher) to use the Website.

4.2 Prohibited Persons and Restricted Jurisdictions

You may not use the Website if you are:

• (a) Listed on any sanctions list maintained by the United Nations, the United States (including OFAC SDN List), the European Union, the United Kingdom, or the State of Israel
• (b) Located in, organized under the laws of, or a citizen or resident of: Cuba, Iran, North Korea, Russia, Syria, Belarus, or any other country or territory that is subject to comprehensive sanctions or other applicable restrictions that would prohibit or materially restrict your use of the Website or the Protocol
• (c) Otherwise prohibited from using the Website under applicable law

By using the Website, you represent and warrant that you are not a Prohibited Person or under the age of majority,  and that you will not use the Website on behalf of, or for the benefit of, any Prohibited Person or in violation of applicable sanctions or other restrictions.

You acknowledge that technical measures, including IP-based geolocation, wallet screening, blockchain analytics, sanctions screening, and other compliance tools, may be used in connection with the Website and may produce inaccurate or incomplete results. You are solely responsible for complying with all laws applicable to your use of the Website. You may not use a VPN, proxy, false identity, or other technical or deceptive means for the purpose of circumventing geographic, sanctions, eligibility, or access restrictions.

4.3 Suspension and Termination

We may suspend, restrict, or terminate your access to the Website, in whole or in part, at any time where we reasonably believe that you have violated these Terms, applicable law, sanctions requirements, security requirements, or other applicable restrictions, or where such action is reasonably necessary to protect the Website, the Protocol, or third parties.

4.4. You agree not to:

• (a) use the Website for any unlawful purpose, or in breach of any applicable sanctions or export control law;
• (b) attempt to gain unauthorised access to the Website, any server on which it is hosted, or any connected system;
• (c) introduce malware, or interfere with the proper working of the Website, including by denial-of-service attack;
• (d) scrape, harvest, or systematically extract content from the Website by automated means, except for search engine indexing;
• (e) frame or deep-link the Website in a way that misrepresents its origin or suggests an association that does not exist; or
• (f) impersonate any person, or misrepresent your affiliation with any person or entity.

We may suspend or block your access to the Website if we reasonably believe you have breached this Section.

5. Privacy and Cookies

5.1 Our Privacy Policy explains what personal data we collect through the Website, why, on what legal basis, and how long we keep it. Our Cookie Policy explains the cookies we set and how you can control them. Both are listed in fhenix.io/legal.

5.2 Using the Website does not by itself constitute consent to our processing. Each purpose has its own legal basis, set out in the Privacy Policy.

6. Third-Party Links and Resources

6.1 The Website links to third-party sites and resources operated by others, including code repositories, block explorers, wallet providers, and external documentation. We provide those links for convenience only. We do not control, endorse, or accept responsibility for them, their content, or their terms and privacy practices, and your use of them is at your own risk.

6.2 What this Section does not cover. This Section applies only to sites operated by others. It does not apply to (a) a Demo on a fhenix.io subdomain, which is part of the Website and is governed by Sections 2.6 and 2.7, or (b) a Fhenix Application, which is governed by its own terms under Section 2.8. Nothing in this Section limits any responsibility we, or the operator of a Fhenix Application, have for that product, wherever it is hosted.

7. Disclaimers

7.1 As is. The Website and its content are provided "as is" and "as available", with all faults and without warranty of any kind, whether express, implied, or statutory. To the fullest extent permitted by law we disclaim all implied warranties, including merchantability, fitness for a particular purpose, title, non-infringement, and any warranty that the Website will be secure, uninterrupted, or free of error, or that defects or vulnerabilities will be detected or corrected.

7.2 Accuracy. Information shown on the Website may be approximate, incomplete, out of date, or inaccurate. Where information relates to on-chain state, the blockchain record is authoritative, not the Website.

7.3 Not advice. Nothing on the Website is financial, investment, legal, tax, or accounting advice, an offer or solicitation to buy or sell anything, or a recommendation to enter into any transaction. You should obtain your own professional advice.

7.4 No reliance on other materials. Statements made in marketing materials, presentations, white papers, social media posts, community channels, or by third parties are not part of these Terms and do not create any warranty or obligation on our part.

8. Limitation of Liability

8.1 To the fullest extent permitted by law, FHE Labs will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profit, revenue, data, goodwill, or business opportunity, arising from or relating to your use of the Website, however caused and on any theory of liability.

8.2 Our total aggregate liability arising from or relating to these Terms or your use of the Website will not exceed $1,000 or the amount you paid us in the three months preceding the claim, whichever is greater.

8.3 Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, or wilful misconduct. If your jurisdiction does not allow some of the exclusions above, they apply to you only to the extent permitted.

8.4 This Section applies to the Website only. Liability in connection with any other product is governed by that product's own terms.

8.5 Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including network or blockchain failure, outage of a third-party provider, act of government, or natural event.

9. Governing Law and Disputes

9.1 Regardless of where you live or access the Website from, these Terms and your use of the Website are governed by the laws of the State of Israel, excluding its conflict of laws rules.

9.2 You agree to the exclusive jurisdiction of the competent courts of Tel Aviv-Jaffa, Israel over any dispute arising from or in connection with the Website or these Terms.

9.3 This Section governs disputes about the Website. A dispute about a product is governed by the law and forum stated in that product's terms.

10. General

10.1 Severability. If any provision of these Terms is held unenforceable, the rest remains in force and the unenforceable provision applies to the maximum extent permitted.

10.2 No waiver. A failure to enforce any provision is not a waiver of it.

10.3 Assignment. You may not assign your rights under these Terms. We may assign ours to an affiliate or successor.

10.4 Third parties. No person other than you and FHE Labs has any right to enforce these Terms.

10.5 Language. These Terms are drafted in English. Any translation is for convenience only and the English version prevails.

10.6 Entire agreement. These Terms constitute the terms governing your use of the Website. The documents listed in fhenix.io/legal are incorporated by reference only to the extent expressly stated in these Terms.

11. Contact

For questions about these Terms or the Website, or to report unlawful content:

FHE Labs Ltd.

82 Yigal Alon Street, Tel Aviv, Israel - [legal@fhenix.io]