LAST UPDATED AUGUST 29, 2023
Note, Your Helium Mobile Wallet will be created for you when you subscribe to Helium Mobile Services.
These Terms and Conditions (“Wallet Terms”) govern your use of your Helium Mobile Wallet and are supplemental to the Helium Mobile Services Terms & Conditions. BY ACCESSING OR USING THE HELIUM MOBILE WALLET, YOU EXPRESSLY ACKNOWLEDGE THAT (I) YOU HAVE READ AND UNDERSTOOD THESE WALLET TERMS; (II) YOU AGREE TO BE BOUND BY THESE WALLET TERMS; AND (III) YOU ARE LEGALLY COMPETENT TO ENTER INTO THESE WALLET TERMS. If you do not agree to be bound by these Wallet Terms or any updates or modifications to these Terms, you may not access or use the Helium Mobile Wallet. We do not provide investment or financial advice or consulting services. We are solely the provider of the Helium Mobile Wallet and we do not advise or make recommendations about engaging in digital asset transactions or operations. Decisions to engage in transactions or perform operations involving digital assets should be taken on your own accord.
Please note that third parties, such as Magic Labs, Inc., and Apple have their own Terms of Service/Use (or equivalent thereof) and Privacy Policies associated with their products/services. Prior to accessing or using such third-party products/services, if available, in connection with or through the Helium Mobile Wallet, you are responsible for reviewing, agreeing and complying to the terms and conditions of their Terms of Service/Use (or equivalent thereof) and Privacy Policies.
1. Helium Wallet
As part of your Helium Mobile Service, Helium Mobile will provide you a Helium Mobile Wallet, which is software for managing Supported Digital Assets (“Wallet”) (“Supported Digital Assets” is defined in Section 3, below). Your Wallet may allow you to store, transfer, and manage your balances of Supported Digital Assets. You are responsible for all activities that occur under your Wallet, regardless of whether the activities are authorized by you or undertaken by you.
You acknowledge and agree that you solely assume the risk associated with withdrawing or adding your digital assets from the Helium Mobile Wallet, and that the Helium Mobile and its affiliates are not liable for any loss or damage that arises or may arise as a result of such transactions.
You understand that you are solely responsible for your use of the Wallet, regardless of if the use is authorized or done by you. We are not responsible for your unauthorized access or use of the Wallet. You are solely responsible for keeping your Wallet and any passwords, seed phrases, or keys safe and secure.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, HELIUM MOBILE SHALL HAVE NO LIABILITY WHATSOEVER IN CONNECTION WITH ANY ACTIVITIES THAT OCCUR ON YOUR WALLET, WHETHER SUCH ACTIVITIES OCCURRED WITH OR WITHOUT YOUR AUTHORIZATION.
2. Wallet Creation
You must be 18 years or older (or over the legal age of majority in your jurisdiction) to create a Wallet. When you sign up for Helium Mobile Services, the third-party service provider, Magic Labs, Inc., creates a Wallet for you that is linked to your email. Your Wallet is accessible through your account on the Helium Mobile website and the Helium Mobile App through a unique password you create for accessing your Wallet.
When your Wallet is created, a cryptographic private and public key pair is generated. The private and public key pair together evidence ownership/possession of a specific amount of Supported Digital Assets in that Wallet which enables you to send and receive Digital Assets via the relevant public blockchain network. The public key is visible to all participants in the public blockchain network. The private key must be used to transact, or move, the Digital Assets represented by the corresponding public key. Helium Mobile does not store your private key on its servers and will never request your private key. Helium Mobile’s service provider, Magic Labs, Inc., stores your private key in their database, which utilizes AWS' data center capacity, hardware security modules, and proprietary technology to encrypt your private key. Once your private key is encrypted, proprietary software enables you to initiate a transfer of Digital Assets by authenticating with your email address and password. You can find more information about Magic Labs and the Wallet, including Magic Labs’ Terms of Service, at the following link: https://magic.link/legal/.
3. Supported Digital Assets
Your Wallet is intended solely for proper use of the following digital assets: IOT, MOBILE, HNT, DC, and SOL (“Supported Digital Assets”). Under no circumstances should you attempt to use your Wallet to manage any assets other than Supported Digital Assets. You acknowledge and agree that Helium Mobile is not liable for any unsupported digital asset that is sent to your Wallet. If you have any questions about our current list of Supported Digital Assets, please visit support.hellohelium.com/en.
Operation of Digital Asset Protocols
Helium Mobile does not own or control any digital asset’s associated public blockchain. We assume no responsibility for any blockchain network and do not guarantee the functionality or security of network operations. In particular, the underlying protocols may be subject to sudden changes in operating rules (including “forks”). Any such operating changes may materially affect the availability, value, functionality, and/or the name of the Supported Digital Assets in your Wallet. Helium Mobile does not control the timing and features of these operating changes. It is your responsibility to make yourself aware of upcoming operating changes and you must carefully consider publicly available information and information that may be provided by Helium Mobile in determining whether to continue to use a Helium Mobile Wallet for the affected Supported Digital Asset. Helium Mobile’s response to any operating change is subject to its sole discretion and may include deciding not to support any new digital asset, fork, or other actions. You acknowledge and accept the risks of operating changes to digital asset protocols and agree that Helium Mobile is not responsible for such operating changes and not liable for any loss you may experience as a result of such changes in operating rules. You acknowledge and accept that Helium Mobile has sole discretion to determine its response to any operating change and that we have no responsibility to assist you with unsupported digital assets or protocols. You further acknowledge and accept that Helium Mobile has no responsibility to support new digital asset forks or operating changes for Supported Digital Assets.
6. Supported Digital Asset Transfers
In order to initiate a transfer of Supported Digital Assets, your account access must be authenticated via a link sent to your email address. You are responsible for keeping your email address secure and for any activity associated with your email and your Wallet. Helium Mobile is entitled to rely on your request to initiate a transfer of Supported Digital Assets and has no duty to inquire or investigate the validity or accuracy of any such transfer request. Helium Mobile will not be responsible if someone else accesses your email and authorizes a transaction upon receipt of a security code. While Helium Mobile cannot freeze the Supported Digital Assets in your wallet, provide you with your private key, or otherwise have any control over the underlying blockchain network, we can implement certain controls that may, but not necessarily, prevent further unauthorized access to your Wallet on the Helium Mobile Website or Helium Mobile App. You should let Helium Mobile know immediately if your email has been stolen or otherwise is compromised.
For all proposed Supported Digital Asset transactions to be completed, they must be confirmed and recorded in the Supported Digital Asset’s associated public blockchain. Such networks are decentralized, peer-to-peer networks supported by independent third parties, which we do not own, control, or operate. Helium Mobile cannot access your private key information for you, and we cannot unilaterally initiate a transfer of Supported Digital Assets or otherwise access your Supported Digital Assets. We have no control over the blockchain networks and, therefore, cannot and do not ensure that any transaction details that you submit via your Wallet will be confirmed and processed. By using your Helium Mobile Wallet, you acknowledge and agree that: (i) we do not have the ability to cancel or otherwise modify your transactions; (ii) the transaction details you submit may not be completed, or may substantially be delayed, by the applicable blockchain networks; (iii) we do not store, send, or receive Supported Digital Assets; and (iv) any transfer that occurs in relation to any Supported Digital Asset occurs on the relevant blockchain network and not on a network owned by us and therefore we do not guarantee the transfer of title or right in any Supported Digital Asset.
7. Accuracy of Information Provided by You
You represent and warrant that any information you provide through the Wallet is accurate and complete. You accept and acknowledge that we are not responsible for any errors or omissions that you make in connection with any Supported Digital Asset transaction initiated through the Wallet. We strongly encourage you to review your transaction details carefully before attempting to transfer a Supported Digital Asset.
8. Transaction Fees
There may be transaction fees (e.g. gas fees) associated with your Supported Digital Asset transactions that are required by the blockchain network. You must ensure that you have an adequate balance in your Wallet to complete transactions before initiating a transaction. You acknowledge and agree that we will not be liable for any failed transactions or losses you incur due to incorrectly set transaction fees (i.e. too low or too high) or due to insufficient funds associated with your Wallet. You further acknowledge and agree that we do not have access to your or anyone else’s transactions.
9. Applicable Digital Asset Taxes
The tax treatment of Supported Digital Asset transactions is uncertain, and it is your responsibility to determine what taxes, if any, arise from transactions using Helium Mobile Wallet. You are solely responsible for reporting and paying any applicable taxes arising from transactions using Helium Mobile Wallet. You acknowledge that Helium Mobile is not responsible for determining whether taxes apply to your transactions or for collecting, reporting, withholding, or remitting any taxes arising from any of your Helium Mobile Wallet transactions. You should conduct your own due diligence and consult your own tax advisors before making any decisions with respect to Supported Digital Asset transactions.
10. Export Controls and Sanctions
Your use of the Helium Mobile Wallet is subject to applicable law including but not limited to export restrictions, end-user restrictions, anti-money laundering laws, antiterrorism laws, and economic sanctions. By sending, receiving, buying, selling, trading, or storing Digital Assets through the Helium Mobile Wallet, you agree that you will comply with all applicable laws. You are not permitted to acquire Supported Digital Assets or use any of the Helium Mobile Services through the Wallet if doing so would violate applicable laws and regulations, including but not limited to those of the United Nations Security Council, the United States (including prohibiting dealings with sanctioned persons identified by the U.S. Department of the Treasury’s Office of Foreign Assets Control Specially Designated Nationals and Blocked Persons (“SDN”), or other U.S. non-SDN restricted or prohibited parties lists, and those prohibiting dealings with persons organized, resident, or located in comprehensively sanctioned jurisdictions), and/or any other applicable federal, state, municipal or local laws and regulations (each as amended from time to time).
11. Assumption of Risks
We are not your brokers, intermediaries, agents, advisors, or custodians, and we do not have a fiduciary relationship or obligation to you regarding any other decisions or activities that you undertake when using the Helium Mobile Wallet. We are not responsible for any activities that you engage in when using your Wallet, and you should understand the risks associated with Digital Assets as more fully described below. You are solely responsible for any and all Digital Asset transactions that are initiated through your Wallet and we make no, and hereby disclaim all, representations, warranties, claims and assurances as to any Digital Asset transaction.
You accept and acknowledge:
I. Sophistication and Risk of Cryptographic Systems.
We do not store, send, or receive digital assets. This is because digital assets exist only by virtue of the ownership record maintained on its supporting blockchain (“Blockchain”). Any transfer of digital assets occurs within the supporting Blockchain and not on the Helium Mobile’s products or services. Transactions in digital assets may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Some transactions in digital assets shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the transaction. By accessing or using the Wallet, you represent that you understand the inherent risks associated with cryptographic systems; and warrant that you understand the usage and intricacies of blockchain, digital assets, decentralized networks, decentralized apps, decentralized exchanges or platforms and blockchain-based software systems. Helium Mobile are not responsible for any issues with the Blockchains, including forks, technical node issues, cyberattacks, ransomware attack or any other issues having fund losses as a result. You acknowledge that the cost and speed of transacting with cryptographic and blockchain-based systems are variable and may increase at any time. You further acknowledge the risk that your digital assets may lose some or all of their value, if any. You further acknowledge that we are not responsible for any of these variables or risks and cannot be held liable for any resulting losses that you experience while accessing the wallet. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using and interacting with the Wallet.
There are risks associated with using an Internet-based digital asset, including but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Wallet. You accept and acknowledge that Helium Mobile will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Wallet, however caused.
II. Risk of Legislative, Regulatory or Judiciary Actions in One or More Jurisdictions.
Helium Mobile, digital assets in general, and the Supported Digital Assets could be impacted by one or more legislative actions, regulatory actions (such as regulatory investigations or enforcement actions) or judiciary actions (such as orders and decisions) that could impede or limit the ability of Helium Mobile to continue to develop, or which could impede or limit your ability to access or use the Wallet and/or Supported Digital Assets. The legal and regulatory regimes and case law governing blockchain technologies and digital assets are uncertain and evolving, and new or revised laws, regulations or policies may materially adversely affect one or more digital assets and/or the Wallet. By using or accessing the Wallet, you acknowledge these risks and agree that Helium Mobile will not be held liable for any losses or damages associated with these risks including, without limitation, losses associated with your use of Supported Digital Assets or the Wallet.
III. Risk of Weaknesses or Exploits in the Field of Cryptography.
There are risks associated with using an Internet-based digital assets, including but not limited to, the risk of hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Wallet. You acknowledge and understand that cryptography is a progressing field and that advances in cryptoanalysis or technical advances such as the development of quantum computers may present risks to digital assets and the Wallet, which could result in the theft or loss of your Supported Digital Assets. Helium Mobiles does not guarantee or otherwise represent full security of the Wallet. By using or accessing the Wallet, you acknowledge these risks and agree that Helium Mobile will not be held liable for any losses or damages associated with these risks including, without limitation, losses associated with your use of Supported Digital Assets.
IV. Volatility of Digital Assets.
You understand that the Supported Digital Assets, are highly volatile due to many factors including, but not limited to, adoption, speculation, technology, legislative, regulatory and case law risks, security risks, litigation, and bankruptcy filings and proceedings of one or more entities involved in digital assets and transactions or custody thereof. You also acknowledge that the cost of transacting with the Supported Digital Assets is variable and may increase at any time causing impact to any activities taking place on the Wallet or networks. By using or accessing the Wallet, you acknowledge these risks and agree that Helium Mobile will not be held liable for any losses or damages associated with these risks including, without limitation, losses associated with your use of Supported Digital Assets.
You will indemnify, defend (at Helium Mobile’s option) and hold Helium Mobile and their respective officers, directors, agents, joint venturers, employees and representatives harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use or misuse of the Wallet or content therein or your violation of these Terms. You may not settle or otherwise compromise any claim subject to this Section 12 without Helium Mobile’s prior written approval. Helium Mobile reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Helium Mobile in the defense of such matter.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HELIUM MOBILE AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, REPRESENTATIVES AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR ANY CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INTENTIONAL MISCONDUCT, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HELIUM MOBILE OR THEIR SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL HELIUM MOBILE’S AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, AND REPRESENTATIVES’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE WALLET OR ANY CONTENT THEREIN EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO HELIUM MOBILE FOR USE OF THE WALLET, OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO HELIUM MOBILE, AS APPLICABLE.
Updates to the Wallet Terms
We reserve the right to update or modify these Wallet Terms at any time at our sole discretion. If we do so, we’ll let you know by either posting the revised Terms on the Helium Mobile Website or Helium Mobile App or through other methods of communication which we deem reasonable. Such revised Wallet Terms as posted will take effect immediately, unless otherwise indicated. You should regularly check our website to inform yourself of any such changes and decide whether or not to accept the revised version of these Terms. If you continue to use the Wallet following any update or modification of the Wallet Terms you shall be deemed to have accepted the revised Wallet Terms. If you do not agree to the Wallet Terms or any update or modification to the Wallet Terms, you must cease to access or use of the Wallet. The Helium Mobile Wallet is evolving over time, we may change or discontinue all or any part of the Wallet, at any time and without prior notice, and at our sole discretion.