Terms of Service

(Last updated: January 26, 2024) Helius Blockchain Technologies, Inc. operates an online service located at helius.dev from which you may purchase products and services ("Helius Products").These Terms of Use apply to the content and functionality of helius.dev, helius.xyz, and to Helius Products.

1. Information that you provide to us

The Customer, ("you") may give us information about yourself when you visit helius.dev. We may need to send you email messages in order to, for example, verify your identity or provide you with important information. You authorize us to send those messages when you visit the helius.dev platform and provide your contact details.

2. Helius.dev IP

Helius and its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the helius.dev (collectively, "Helius IP"). Helius IP is protected by copyright, trade secret, patent, and other intellectual property laws, and all rights in Helius IP not expressly granted to you in these Terms of Use are reserved.

You may choose to or we may invite you to submit comments or ideas about improvements to Helius or our products or services ("Ideas''). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that Helius has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.

3. Access to Helius.dev

Helius grants you a limited, revocable, non-exclusive, non-transferable license to access helius.dev. This license does not include a right to use any of the content and information. Your permissions and/or licenses are automatically terminated by any unauthorized use.

4. Products, Content and Specifications

Details of the products and services available for purchase from Helius ("Helius Products") are set out in the website (helius.dev). All features, content, specifications, products and prices of products and services described or depicted in Helius are subject to change at any time without notice. Unless expressly noted, all weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services in helius.dev at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the delivery of a certain product or service may be delayed for a number of reasons. In such an event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.

Included Responses and Definitions: Included Responses are any responses produced from making a request to the node using HTTP or Websocket endpoints. Only responses with http return status 200 are counted.

5. Subscriptions

a. Monthly subscription terms. We may offer you the ability to purchase monthly subscriptions that contain a fixed number of credits via helius.dev. Terms specific to a subscription will be disclosed to you at or prior to the time at which you purchase the subscription, and by purchasing the subscription you are agreeing to those terms.

b. Additional credits. In our documentation (https://docs.helius.dev/welcome/pricing-and-rate-limits), we disclose that your plan will auto-scale and consume additional credits when your fixed monthly credits are exhausted. You will incur additional charges for these credits as you consume them. We encourage you to check your email for usage alerts as further explained in Section 8. Usage alerts, below.

c. Cancellation. Your subscription shall continue on an on rolling monthly basis until you cancel. You have the right to cancel your subscription anytime and it's effective at the end of your respective billing cycle month.

d. Single Subscription. Each individual or business entity is limited to creating and maintaining only one account, and any additional registrations for accounts by the same individual or business entity are expressly prohibited.

6. Your account

We may require that you create an account to access helius.dev, including to make purchases. If we do so, you must provide accurate information about yourself when you create an account and ensure that you update us if that information changes. You must ensure that your login details remain confidential. You are responsible for any activity, including any purchases made, under your account. In our sole discretion, we reserve the right to terminate your account at any time and for any reason.

7. Customer responsibilities

By agreeing to the use of Helius Products and helius.dev, you will: (i) be solely responsible for all the use of Helius Products under your account; (ii) use Helius Products only in accordance with these terms herein in the Terms of Service, relevant documents, and with any applicable laws and regulations; (iii) prevent any unauthorized access from our Products; (iv) use commercially reasonable efforts to prevent unauthorized access to or use of Helius Products and notify Helius immediately of unauthorized access or use; (v) not sublicense, lease, sell, resell, rent, loan, distribute, transfer or otherwise allow the use of Helius Products or any services on helius.dev for the benefit of third party (vi) not intentionally interfere in any manner with the operation of the Helius Products or the hardware and network used to operate helius.dev and Helius Products; (vii) not intentionally reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of helius.dev or the Helius platform; and (viii) not modify, copy or make derivative works based on any part of the Helius Products or on helius.dev.

8. Usage alerts

In order to keep you informed as credits are used, a number of alerts are sent to you. Credits do not roll over and are non-transferable. When your monthly credits are used up, alerts will be sent out for overages, which are not included in the monthly subscription price. Keeping track of your monthly usage and overages are your responsibility. Additionally, you have the capability of viewing your usage in the user portal in real time.

9. Billing

Credits are included in the plan with a monthly fee that will be charged to your chosen payment method at the start of the service term. Service terms begin with the date you elect your plan and automatically renew every month until you cancel it. Overage usage will be billed at the overage rate throughout the term of your service. All overage charges are your responsibility.

10. Refunds

Unless we tell you otherwise, you will only be entitled to a refund if we provide you with a service that does not match the product description of the service that you purchased. If that occurs, your exclusive remedy is to contact us for a refund. To begin the return process, please contact us.

11. Sanctions and export policy

You may not use helius.dev or purchase any Helius service in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC). We do not claim, and we cannot guarantee that the helius.dev or any Helius Product is or will be appropriate or available for any location or jurisdiction, comply with the laws of any location or jurisdiction, or comply with laws governing export, import, or foreign use.

12. No warranties

We provide helius.dev, Helius IP and Helius Products "as is" and "as available", without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, noninfringement, or any other type of condition, warranty or guarantee. No data, documentation or any other information provided by Helius or obtained by you from or through helius.dev – whether from Helius or another entity, and whether oral or written – creates or implies any warranty from Helius to you.

Helius disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through the helius.dev; (b) that Helius Products will meet your specific needs or requirements; (c) that helius.dev will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that Helius will correct any defects or errors on helius.dev; or (e) that helius.dev is free of viruses or other harmful code. Use of data, products or services that you access, purchase or download through helius.dev is done at your own risk – you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase or download.

Nothing in these Terms of Use operates to exclude, restrict or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law to the extent that doing so would: (a) contravene that law; or (b) cause any term of this agreement to be void.

13. Limitation of liability

Under no circumstances will Helius be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use helius.dev or for the unavailability of helius.dev, or for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these Terms of Use or your use of helius.dev, even if such damages are foreseeable, and whether or not you or Helius has been advised of the possibility of such damages. Helius is not liable, and denies responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of helius.dev or your failure to use or implement anti-fraud measures, security controls, or any other data security measure. Helius further denies responsibility for all liability and damages to you or others caused by (a) your access or use of helius.dev inconsistent with our instructions; (b) any unauthorized access of servers, infrastructure, or data used in connection with helius.dev; (c) any bugs, viruses, or other harmful code that may be transmitted to or through helius.dev; (d) any errors, inaccuracies, omissions, or losses in or to any data provided to us; (e) third-party content provided by you; or (f) the defamatory, offensive, or illegal conduct of others.

You agree to limit any additional liability not disclaimed or denied by Helius in relation to helius.dev, Helius IP, and Helius Products, to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the greater of the amounts paid by you to Helius during the three-month period immediately preceding the event that gave rise to your claim for damages, and USD $20.

Notwithstanding the foregoing, you agreed by using helius.dev, Helius IP, and Helius Products, you have unlimited liability for gross negligence, willful misconduct, fraud, or misrepresentation.

These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.

14. Applicable law

By using helius.dev, you agree that the laws of the State of Delaware, USA, except as subject to resolution, any claim, suit, action, suit, acting or proceeding hereunder must be brought in the appropriate state or federal court located in Delaware, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Helius.

15. Modification and severability

We have the right to change or add to the terms of these Terms of Use at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of helius.dev by posting such changes on our website or any other website we maintain or own. You can access a copy of the current version of these Terms of Use on our website at any time. You can find out when these Terms of Use were last changed by checking the "Last updated" date at the top of the page. Your continued use of our services constitutes your acceptance of updated terms.

16. Testimonial release

You agree to allow Helius to use your company name, logo, and testimonial.

17. Customer Service

Our primary objective is to ensure our customers receive exceptional service and an optimal availability for all Helius plans.

18. Restrictions

Due to U.S. sanctions, we do not allow customers with I.P. addresses originating in the following regions or countries to create accounts or boot endpoints: Cuba, North Korea, Iran, Syria or Crimea.

19. Our address