Terms and Conditions
Fhenix Network Terms of Service
Last Updated: [08/09/2024]
- Acceptance of Terms
Welcome to fhenix.io (the “Website”), operated by FHE Labs Ltd. By accessing this website or using any portion of the Service (as defined below), you are agreeing to these Terms of Service (as amended from time to time, the “Terms of Service”) between you (“you” or “your”) and FHE Labs Ltd. (“FHE Labs,” “we,” “us,” or “our”). These Terms of Service apply to your access to, and use of, our websites and any website-hosted user interface (the “Interface”) that may be used to interact with any product or service offered by us, including FHENIX , a confidential L2 powered by fully homomorphic encryption on the Ethereum blockchain (the “Protocol”), and related content and functionality through our websites located at https://fhenix.io/, and any other website operated by FHE Labs on which these Terms of Service are posted (collectively, the “Site”) and through our related technologies (collectively with the Interface, Protocol and Site, including all existing and any updated or new features, functionality and technology, the “Service”).
By accessing or using our Website, you agree to be bound by these Terms of Use (the “Terms”), including any policies referenced herein, such as our Privacy Policy and Cookie Policy. These Terms constitute a binding agreement between you (“user,” “you,” or “your”) and FHE Labs. If you do not agree to these Terms, you must immediately cease using the Website.
For the avoidance of doubt, you will comply with all applicable sanctions laws, regulations and rules, including but not limited to, those administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), and any other applicable jurisdictions. The Interface may not be used: (i) in the Crimea region of Ukraine, Cuba, Iran, North Korea, or Syria; (ii) by or for the specific benefit of any individual or entity on the Specially Designated Nationals and Blocked Persons (“SDN”) List maintained by OFAC, (iii) any entity 50% or more owned in the aggregate by any such SDN(s); or (v) for any other use requiring a license or other governmental approval.
- Modification of Terms
We reserve the right, at our sole discretion, to modify or revise these Terms at any time. Any changes will be effective immediately upon posting to the Website. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. It is your responsibility to review these Terms periodically for updates.
- Eligibility
By using this Website, you represent and warrant that:
(i) You are at least 18 years of age;
(ii) You have the legal capacity and authority to enter into these Terms;
(iii) Your use of the Website is in compliance with all applicable laws and regulations.
- Description of Services
The Website provides users with access to a range of resources, including but not limited to information, data, text, graphics, software, and other materials related to the FHENIX network (the “Services”). The Services may also include forums, blogs, and other community features where users can interact with each other.
- User Registration and Accounts
Account Creation: To access certain features of the Website, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
Account Security: You are responsible for safeguarding your account credentials and for any activity or actions under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Account Termination: We reserve the right to suspend or terminate your account if you violate these Terms or engage in any activity that we deem harmful to the Website or other users.
- Use of the Website
Permitted Uses: You may use the Website and its content solely for your personal, non-commercial use and in accordance with these Terms.
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“content”) that you make available to FHE Labs, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Site or by emailing or otherwise making available to other users of the Site (collectively, “User Content”). The following are examples of the kinds of content and/or uses that are illegal or prohibited by FHE Labs. FHE Labs reserves the right to investigate and take appropriate legal action against anyone who, in FHE Labs’ sole discretion, violates this provision, including reporting the violator to law enforcement authorities.
If you are blocked by FHE Labs from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).
Prohibited Uses: You agree to not use the Service or any part thereof to:
distribute any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable; or (vii) in the sole judgment of FHE Labs, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose FHE Labs or its users to any harm or liability of any type; seek to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including the deployment of viruses and denial of service attacks; Use the Website in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Website; Use any automated means to access the Website or extract data without our permission; Engage in any activities that violate any applicable laws or regulations; Attempt to bypass any measures we use to prevent or restrict access to the Website.
(viii) Any type of activity associated with money laundering or terror financing, or violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended, the UK Bribery Act (2010), Sections 290-297 of the Israeli Penal Law 1977 (Bribery Transactions), the Israeli Prohibition on Money Laundering Law, 2000, or any other applicable anti-corruption or anti bribery legislation;
- Intellectual Property Rights
The (i) content on the Website, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Materials“), (ii) and User Submissions, as defined below (together with the Materials, the “Content“), and (iii) the trademarks, service marks and logos contained therein (“Marks“), are the property of FHE Labs and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “FHENIX”, the FHENIX logo, and other marks are Marks of FHE Labs or its affiliates. All other trademarks, service marks, and logos used on the Website are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Website and the Content.
Use of Content. Content on the Website is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.
License to Users: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website and its content for personal, non-commercial purposes.
Restrictions: You may not:
Modify, distribute, reproduce, or create derivative works based on the Website or its content;
Use any content from the Website for commercial purposes without our express written consent.
- User Content
User Contributions: The Website may allow you to submit, post, or share content, such as comments, feedback, or other materials (collectively, “User Content”). You retain ownership of your User Content but grant us a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, distribute, and display such content in connection with the Website and our business.
User Conduct: You represent and warrant that your User Content:
Does not infringe any intellectual property rights or other proprietary rights of any party;
Does not contain any defamatory, libelous, offensive, or otherwise unlawful material;
Does not violate any laws or regulations.
- Privacy and Personal Information
Your privacy is important to us. For additional information on how we may gather, use and disclose personal information, please review our Privacy Policy. By using the Website, you consent to our collection and use of your information as described in the Privacy Policy.
The Way We Use Personal Information.
If you submit or we collect Personal Information through the Site, then we may use such Personal Information in the following ways:
(i) We may use your Personal Information to provide and improve our Site and services.
(ii) We may use your Personal Information to contact you and to provide you certain offerings and/or programs that you have registered to or that we think may interest you.
(iii) We may use your designated email address to: (i) send you updates or newsletters regarding the Site and our products; and/or (ii) to contact you and/or respond to a “Contact Us”.
How We May Share Your Personal Information.
(i) We may transfer your Personal Information to our local or foreign subsidiaries or affiliated companies and/or to our third party service providers and partners for the purpose of storing or processing such information on our behalf, for our business purposes and to provide our Site to you and other users. Such information may be transferred to other countries. We require that these parties agree to process such information in compliance with our Privacy Policy.
(ii) We may disclose your Personal Information or any information you submitted via the Site if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our Terms, including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; or (iv) protect against harm to the rights, property or safety of FHENIX, our users, yourself or the public.
- Third-Party Links and Services
The Website may contain links to third-party websites or services that are not owned or controlled by us. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party. You acknowledge and agree that we are not responsible or liable for any damage or loss caused by or in connection with the use of any third-party content, goods, or services available on or through any third-party websites or services. You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third party website; and (ii) expressly release FHE Labs and its affiliates, directors, officers, employees, contractors, agents, and licensors, from any and all liability arising from your use of any third party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website that you may choose to visit.
- Disclaimers
No Warranty: The Website and Services are provided on an “as-is” and “as-available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Website, the accuracy or completeness of the content, or the products or services offered through the Website, including but not limited to implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. We do not guarantee that the site will be free of bugs, security breaches or attacks by malicious third parties.
Blockchain Technology Risks: You acknowledge that blockchain technology, cryptocurrencies, and related assets are inherently risky and volatile. We do not guarantee the security, stability, or accuracy of any blockchain network, including the L2 blockchain network associated with this Website.
No Financial Advice: Nothing on this Website constitutes financial, investment, legal, or other professional advice. You should consult with a professional advisor before making any financial or investment decisions.
- Limitation of Liability
To the fullest extent permitted by law, FHE Labs and its affiliates, directors, officers, employees, contractors, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
Your access to or use of or inability to access or use the Website;
Any conduct or content of any third party on the Website;
Any content obtained from the Website;
Unauthorized access, use, or alteration of your transmissions or content.
- Indemnification
You agree to indemnify, defend, and hold harmless FHE Labs and its affiliates, directors, officers, employees, contractors, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees and costs, arising out of or in any way connected with your access to or use of the Website, your violation of these Terms, or your User Content.
- Governing Law and Jurisdiction
These Terms and any disputes related to them or the Website shall be governed by and construed in accordance with the laws of Israel, without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the courts located within the Tel-Aviv district in Israel to resolve any legal matter arising from these Terms or your use of the Website.
- Dispute Resolution
Any dispute arising out of or relating to these Terms, the Service, or the Website, shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel-Aviv, Jaffa and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that FHE Labs may seek injunctive relief in any court of competent jurisdiction.
Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class, consolidated, or representative action.
- Termination
Termination by Us: We reserve the right, in our sole discretion, to terminate or suspend your access to the Website, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.
Termination by You: You may terminate these Terms by discontinuing use of the Website.
Effect of Termination: Upon termination, all provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
- Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall remain in full force and effect.
- Entire Agreement
These Terms, along with any policies referenced herein, constitute the entire agreement between you and FHE Labs with respect to your use of the Website, superseding any prior agreements between you and us regarding the Website.