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Terms of Service

Last updated at September 25, 2024

These Terms of Service (the “Agreement”) explains the terms and conditions by which the User (“you”, “your” or “User”) may access and use https://illuminex.xyz, a website-hosted wallet user interface (the “Interface”, or “App”) provided by IllumineX Protocol (“IllumineX”, “we”, “our”, or “us”). You must read this Agreement carefully as it governs your use of the Interface. By accessing or using the Interface, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access or use the Interface and should not use the Interface.

NOTICE: This Agreement contains important information, including a binding arbitration provision and a class action waiver, both of which impact your rights as to how disputes are resolved. The Interface is only available to you — and you should only access the Interface — if you agree completely with these terms.

For all purposes, the English language version of this Agreement shall be the original, governing instrument. In the event of any conflict between the English language version of this Agreement and any subsequent translation into any other language, the English language version shall govern and control.

1. Introduction

The Interface provides access to browser-based software that (a) generates and stores a secure account address on Oasis Network, a public blockchain, along with the associated private keys, and (b) enables you to “deposit”, “send”, “swap” or “withdraw” (“Transaction”) cryptocurrency to various blockchain networks without requiring you to personally download and install any additional software. The Interface is one, but not the exclusive, means of accessing the Protocol.

When you create an account, the Interface generates a cryptographic pair of public and private keys that you can use to send and receive assets across supported networks. The view key is securely stored within the Interface, enabling it to track transactions linked to your account. Importantly, the private spend key is never stored or accessed by us, ensuring that we cannot spend funds on your behalf. You are solely responsible for securing your private key. You acknowledge that anyone with access to your private key can access, spend, or transfer assets associated with your account. If you do not maintain a separate backup of your account addresses and private keys, you acknowledge that any assets associated with those addresses may become permanently inaccessible.

IllumineX does not facilitate the exchange of fiat currency for a “digital currency”, “digital asset” or “cryptocurrency” (such term to be broadly understood to include digital currencies such as Bitcoin, Tether, and others), and we do not provide a digital currency exchange service. IllumineX does not purchase cryptocurrencies from, or sell cryptocurrencies to, its account holders.

We do not provide any custody services, fiduciary services, or hosted wallet services.

Digital currencies are intangible and exist solely due to the ownership record maintained on their respective blockchain networks. We do not store, send, or receive these digital currencies. Any transfer of ownership occurs within the decentralized network itself and not through our Interface.

In order to submit Transactions, you may use third-party non-custodial wallet software, which allows you to interact with public blockchains. Your relationship with that non-custodial wallet provider is governed by the applicable terms of service of that third party, not this Agreement. Third-party wallets are not operated by, maintained by, or affiliated with us, and we do not have custody or control over the contents of your wallet and have no ability to retrieve or transfer its contents. By connecting your wallet to our Interface, you agree to be bound by this Agreement and all of the terms incorporated herein by reference.

2. Modification of this Agreement

We reserve the right, in our sole discretion, to modify this Agreement from time to time. If we make any material modifications, we will notify you by updating the date at the top of the Agreement and by maintaining a current version of the Agreement at https://illuminex.xyz/terms-of-service. All modifications will be effective when they are posted, and your continued accessing or use of the Interface will serve as confirmation of your acceptance of those modifications. If you do not agree with any modifications to this Agreement, you must immediately stop accessing and using the Interface.

3. Description of Services provided through the Interface

The Interface provides a web or mobile-based means of accessing the IllumineX Protocol.

4. Interface for accessing Protocol

The Interface is distinct from the Protocol and is one, but not the exclusive, means of accessing the Protocol. The Protocol itself comprises open-source or source-available self-executing smart contracts that are deployed on public blockchains, such as Sapphire ParaTime on the Oasis Blockchain. IllumineX does not control or operate any version of the Protocol on any blockchain network. By using the Interface, you understand that:

  1. You are not buying or selling digital assets or local currencies from us.
  2. Any exchange is happening entirely between two users and we only provide the smart contracts.
  3. We do not take custody of any user funds.
  4. We do not control trade execution on the Protocol.

5. Eligibility

To access or use the Interface, you must be able to form a legally binding contract with us. Accordingly, you represent that you are at least the age of majority in your jurisdiction (e.g., 18 years old in most jurisdictions) and have the full right, power, and authority to enter into and comply with the terms and conditions of this Agreement on behalf of yourself and any company or legal entity for which you may access or use the Interface.

You further represent and warrant to the following:

  1. you are not the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including but not limited to the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury)
  2. you are not a citizen, resident, or organized in a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions by the United States, the United Kingdom, the European Union or the Republic of the Seychelles,
  3. you are not a US person
  4. you do not intend to transact with any Restricted Person or person on any Sanctions List
  5. you do not, and will not, use VPN software or any other privacy or anonymization tool or technique in order to circumvent, or attempt to circumvent, any restrictions.

Finally, you represent that your access and use of the Interface will fully comply with all applicable laws and regulations, and that you will not access or use the Interface to conduct, promote, or otherwise facilitate any illegal activity.

6. Additional Rights

We reserve the following rights, which do not constitute obligations of ours: (a) with or without notice to you, to modify, substitute, eliminate or add to the Interface; (b) to review, modify, filter, disable, delete and remove any and all content and information from the Interface; and (c) to cooperate with any law enforcement, court or government investigation or order requesting that we disclose information or content that you provide.

7. Prohibited Activity

You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activity in relation to your access and use of the Interface:

  1. Intellectual Property Infringement. Activity that infringes on or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under the law.
  2. Cyberattack. Activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including (but not limited to) the deployment of viruses and denial of service attacks.
  3. Fraud and Misrepresentation. Activity that seeks to defraud us or any other person or entity, including (but not limited to) providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another.
  4. Market Manipulation. Activity that violates any applicable law, rule, or regulation concerning the integrity of trading markets.
  5. Securities and Derivatives Violations. Activity that violates any applicable law, rule, or regulation concerning the trading of securities or derivatives.
  6. Sale of Stolen Property. Buying, selling, or transferring of stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items.
  7. Data Mining or Scraping. Activity that involves data mining, robots, scraping, or similar data gathering or extraction methods of content or information from the Interface.
  8. Objectionable Content. Activity that involves soliciting information from anyone under the age of 18 or that is otherwise harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable.
  9. Any Other Unlawful Conduct. Activity that violates any applicable law, rule, or regulation of the Republic of Seychelles or another relevant jurisdiction, including (but not limited to) the restrictions and regulatory requirements imposed by U.S. law.

8. AML Procedure

We do not provide our Interface or enter into relationships with individuals and institutions pursuant to the economic sanctions programs administered by, but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC) or identified by law enforcement or regulatory agencies as being involved in illegal money laundering or terrorist financing.

The details of our Compliance Policy can be found here.

9. Gas Fees

Blockchain transactions require the payment of transaction fees to the appropriate network (“Gas Fees”). Except as otherwise expressly set forth in the terms of another offer by IllumineX, you will be solely responsible to pay the Gas Fees for any transaction that you initiate via our Interface.

10. Transaction Fees

A transaction fee may be charged for each Transaction executed through the Interface or any smart contract deployed by IllumineX Protocol. The fees may be modified by IllumineX, in its sole discretion, and will be a payable in either the source digital asset or the destination digital asset at the discretion of IllumineX. The transaction fee for a specific Transaction submitted on the Interface will be displayed to Users of the Website during the initiation of a Transaction and must be accepted by the User before executing such a Transaction. The User hereby consents to such fees being debited from either or a combination of both of their source digital asset or destination digital asset at the time the Transaction is processed.

11. Not Registered with the SEC or Any Other Agency

We are not registered with the U.S. Securities and Exchange Commission or any other agency in any capacity. You understand and acknowledge that we do not broker trading orders on your behalf nor do we act as a counterparty to any of your trades. We also do not facilitate settlement of your trades, which occur entirely on the public distributed blockchains like Oasis Network.

12. Non-Solicitation; No Investment Advice

You agree and understand that: (a) all trades you submit through the Interface are considered unsolicited, which means that they are solely initiated by you; (b) you have not received any investment advice from us in connection with any trades; and (c) we do not conduct a suitability review of any trades you submit.

We may provide information about tokens in the Interface sourced from third-party data partners through features such as rarity scores, token explorer or token lists. We may also provide warning labels for certain tokens. The provision of informational materials does not make trades in those tokens solicited; we are not attempting to induce you to make any purchase as a result of information provided. All such information provided by the Interface is for informational purposes only and should not be construed as investment advice or a recommendation that a particular token is a safe or sound investment. You should not take, or refrain from taking, any action based on any information contained in the Interface. By providing token information for your convenience, we do not make any investment recommendations to you or opine on the merits of any transaction or opportunity. You alone are responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances, and risk tolerance.

13. Non-Custodial and No Fiduciary Duties

The Interface is a purely non-custodial application, meaning we do not ever have custody, possession, or control of your digital assets at any time. It further means you are solely responsible for the custody of the cryptographic private keys to the digital asset wallets you hold and you should never share your wallet credentials or seed phrase with anyone. We accept no responsibility for, or liability to you, in connection with your use of a wallet and make no representations or warranties regarding how the Interface will operate with any specific wallet. Likewise, you are solely responsible for any associated wallet and we are not liable for any acts or omissions by you in connection with or as a result of your wallet being compromised.

This Agreement is not intended to, and does not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in this Agreement.

14. Intellectual Property Rights

We own all intellectual property and other rights in each of our products and its respective contents, including, but not limited to, software, text, images, trademarks, service marks, copyrights, patents, designs, and its “look and feel.” (Collectively “Product”) Subject to the terms of this Agreement, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use our Products solely in accordance with this Agreement. You agree that you will not use, modify, distribute, tamper with, reverse engineer, disassemble or decompile any of our Products for any purpose other than as expressly permitted pursuant to this Agreement. Except as set forth in this Agreement, we grant you no rights to any of our Products, including any intellectual property rights.

You understand and acknowledge that the Protocol is not a Product and we do not control the Protocol.

15. Compliance and Tax Obligations

The Interface may not be available or appropriate for use in your jurisdiction. By accessing or using the Interface, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you.

You warrant that you will use the Interface and services in compliance with all applicable federal and state laws and regulations governing Money Service Businesses or Cryptoasset Businesses or Virtual Asset Service Providers or similar applicable regulation of the jurisdiction you are operating in and the laws of the Republic of Seychelles.

You must not engage in any activity which could violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in the countries where we conduct business or operations, or which would involve proceeds of any unlawful activity

Although our website may be accessed outside of the Republic of Seychelles, we make no representation that the Interface and services comply with the laws of any other country.

Your use of the Interface or the Protocol may result in various tax consequences, such as income or capital gains tax, value-added tax, goods and services tax, or sales tax in certain jurisdictions.

It is your responsibility to determine whether taxes apply to any transactions you initiate or receive and, if so, to report and/or remit the correct tax to the appropriate tax authority.

You indemnify IllumineX for any claim, loss or damage arising from your failure to pay applicable taxes.

16. Assumption of Risk

By accessing and using the Interface, you represent that you are financially and technically sophisticated enough to understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of digital assets such as ether (ETH), so-called stablecoins, and other digital tokens such as those following the Ethereum Token Standard (ERC-20).

In particular, you understand that the markets for these digital assets are nascent and highly volatile due to risk factors including (but not limited to) adoption, speculation, technology, security, and regulation. You understand that anyone can create a token, including fake versions of existing tokens and tokens that falsely claim to represent projects, and acknowledge and accept the risk that you may mistakenly trade those or other tokens. So-called stablecoins may not be as stable as they purport to be, may not be fully or adequately collateralized, and may be subject to panics and runs.

Further, you understand that smart contract transactions automatically execute and settle, and that blockchain-based transactions are irreversible when confirmed. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems such as Ethereum are variable and may increase dramatically at any time.

Finally, you understand that we may utilize third party cross-chain bridges and decentralized or centralized exchanges to facilitate Transactions on the Interface. We do not make any representation or warranty about the safety or soundness of any cross-chain bridge, decentralized or centralized exchange, whether third party or operated by IllumineX.

In summary, you acknowledge that we are not responsible for any of these variables or risks, do not own or control the Protocol, and cannot be held liable for any resulting losses that you experience while accessing or using the Interface. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Interface to interact with the Protocol.

17. Third-Party Resources and Promotions

The Interface may contain references or links to third-party resources, including (but not limited to) information, materials, products, or services, that we do not own or control. In addition, third parties may offer promotions related to your access and use of the Interface. We do not approve, monitor, endorse, warrant or assume any responsibility for any such resources or promotions. If you access any such resources or participate in any such promotions, you do so at your own risk, and you understand that this Agreement does not apply to your dealings or relationships with any third parties. You expressly relieve us of any and all liability arising from your use of any such resources or participation in any such promotions.

18. Release of Claims

You expressly agree that you assume all risks in connection with your access and use of the Interface. You further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Interface.

19. Indemnity

You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, actions, liabilities, costs (including legal fees on a solicitor and client basis), expenses and penalties arising from: (a) your access and use of the Interface; (b) your violation of any term or condition of this Agreement, the right of any third party, or any other applicable law, rule, or regulation; and (c) any other party’s access and use of the Interface with your assistance or using any device or account that you own or control.

To the fullest extent permitted by law, IllumineX is not liable for:

  1. any breach of this Agreement; or
  2. any act or omission (including any negligent act or omission) of IllumineX in connection with this Agreement or any services supplied by IllumineX.

Under no circumstances, including in cases of gross negligence or fraud, are we liable to you for any consequential loss suffered by you (including any loss of profit).

20. No Warranties

The Interface is provided on an “AS IS” and “AS AVAILABLE” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING (BUT NOT LIMITED TO) THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You acknowledge and agree that your use of the Interface is at your own risk. We do not represent or warrant that access to the Interface will be continuous, uninterrupted, timely, or secure; that the information contained in the Interface will be accurate, reliable, complete, or current; or that the Interface will be free from errors, defects, viruses, or other harmful elements. No advice, information, or statement that we make should be treated as creating any warranty concerning the Interface. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the Interface.

Similarly, the Protocol and Interface is provided “AS IS”, at your own risk, and without warranties of any kind. Although we contributed to the initial code for the Protocol, we do not provide, own, or control the Protocol, which is run autonomously without any headcount by smart contracts deployed on various blockchains. No developer or entity involved in creating the Protocol will be liable for any claims or damages whatsoever associated with your use, inability to use, or your interaction with other users of, the Protocol, including any direct, indirect, incidental, special, exemplary, punitive or consequential damages, or loss of profits, cryptocurrencies, tokens, or anything else of value. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the Interface.

21. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR SUBSIDIARIES BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING (BUT NOT LIMITED TO) DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE PROPERTY, ARISING OUT OF OR RELATING TO ANY ACCESS OR USE OF THE INTERFACE, NOR WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE INTERFACE OR THE INFORMATION CONTAINED WITHIN IT. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ANY ACCESS OR USE OF THE INTERFACE; (C) UNAUTHORIZED ACCESS OR USE OF ANY SECURE SERVER OR DATABASE IN OUR CONTROL, OR THE USE OF ANY INFORMATION OR DATA STORED THEREIN; (D) INTERRUPTION OR CESSATION OF FUNCTION RELATED TO THE INTERFACE; (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE INTERFACE; (F) ERRORS OR OMISSIONS IN, OR LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF, ANY CONTENT MADE AVAILABLE THROUGH THE INTERFACE; AND (G) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

22. Dispute Resolution

Any claim or controversy arising out of or relating to the Interface, this Agreement, or any other acts or omissions for which you may contend that we are liable, including (but not limited to) any claim or controversy as to arbitrability (“Dispute”) – past, present, or future – shall be finally and exclusively settled by binding arbitration.

You and illumineX agree to use our best efforts to resolve any potential Disputes through informal, good faith negotiations. A party who intends to seek arbitration must first send to the other a written Notice of Dispute (“Dispute Notice”). Any Dispute Notice to illumineX must be sent to [email protected]. Any Dispute Notice must include: (a) the name, address, and email address of the party providing the Dispute Notice; (b) a description of the nature and basis of the claim or Dispute; (c) an explanation of the specific relief sought and the basis for this relief. Any Dispute Notice from you must be individualized, meaning it can only concern your Dispute and no other person’s Dispute. You also agree that, after sending a Dispute Notice to illumineX, at our request you will personally participate in a phone or virtual meeting (e.g., via Telegram) to discuss, with us whether an agreement can be reached to resolve the claim before arbitration is initiated.

Any informal dispute resolution conferences shall be individualized, such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal dispute resolution conference, unless mutually agreed to by you and us. You agree that compliance with these informal dispute resolution procedures is a condition precedent to commencing arbitration, and that the arbitrator shall dismiss any arbitration filed without fully and completely complying with these informal dispute resolution procedures.

If we do not reach an agreement to resolve a claim within 60 days after a Dispute Notice is received, you or we may commence an arbitration proceeding; except that, if either you or we send the other an incomplete Dispute Notice, the 60-day period begins only after a complete Dispute Notice is received, and if we request an informal dispute resolution conference over phone, Telegram or other agreed third-party platform, the 60-day period begins only after the conference has occurred. Any statute of limitations and any filing fee deadlines shall be tolled while the parties engage in these informal dispute resolution procedures.

Should any Dispute proceed to arbitration then you and we both agree to resolve the potential Dispute according to the process set forth below

  1. the law of this section is Seychelles law;
  2. arbitration is to be held in Seychelles, or another mutually agreeable location, including remotely by way of video conference;
  3. the arbitration shall be conducted by one neutral arbitrator;
  4. the arbitration proceedings shall be conducted in English.

23. Class Action and Jury Trial Waiver

You must bring any and all Disputes against us in your individual capacity and not as a plaintiff in or member of any purported class action, representative action, collective action, private attorney general action, or any other type of representative proceeding in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. You agree to not join with any other individual or entity or group of individuals or entities for the purpose of seeking to resolve the respective Disputes on a consolidated or representative basis. This provision applies to class arbitration. You and we both agree to waive the right to demand a trial by jury.

24. Governing Law

You agree that the laws of the Republic of Seychelles, without regard to principles of conflict of laws, govern this Agreement and any Dispute between you and us. You further agree that the Interface shall be deemed to be based solely in the Republic of Seychelles, and that although the Interface may be available in other jurisdictions, its availability does not give rise to general or specific personal jurisdiction in any forum outside the Republic of Seychelles.

25. Entire Agreement

These terms constitute the entire agreement between you and us with respect to the subject matter hereof. This Agreement supersedes any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of the terms.