Disclaimers and disclosures

The following disclaimers and disclosures apply to USDX and to any person (“you”, “your”, or “User”) that holds or otherwise uses or deals with USDX.  By your holding, use of or dealing with USDX, you are deemed to accept and agree to the following:
  • you are not entitled to any interest, distributions or other returns earned on reserves for USDX by HTMI Limited (“HTMI”) or any of its affiliates and related companies.  USDX does not generate any interest, distributions or other returns for holders;
  • you are not entitled to redeem USDX with HTMI unless you complete HTMI’s onboarding procedures (including, without limitation, completion of AML and KYC procedures and entering into one or more agreements with HTMI regarding such redemptions) to HTMI’s satisfaction in its sole discretion.  Unless you have done so, you have no contractual relationship with HTMI and you have no rights or remedies of any kind against HTMI with respect to USDX;
  • entering into any digital asset transactions (including transactions involving USDX) involves a high degree of risk.  While USDX is intended to be backed by an equivalent amount of cash or cash equivalents, the value of USDX is not backed or supported by any government.  Digital assets may suffer significant volatility in value. In particular, the value of one USDX may not equal one US dollar on any exchange or other platform.  Due to a variety of factors outside of HTMI’s control, the value of USDX on any particular exchange or other platform could fluctuate above or below one US dollar. HTMI cannot control how third parties quote or value USDX, and HTMI is not responsible for any losses or other issues that may result from fluctuations in the value of USDX.  You are advised to carefully consider the risk exposure and act cautiously. You should not hold or deal with USDX unless you have the financial ability, sophistication, experience, tolerance and willingness to bear the risks of any digital asset related products or services, and a potential total loss of the underlying assets.  A digital asset related product or service is not suitable for everyone. You should carefully review your financial situation and objectives to determine whether such product or services is suitable for it; 
  • you are responsible for determining whether use of USDX is legal in your jurisdiction and shall not purchase or use USDX if to do so would conflict with any laws or regulations. You are urged to seek independent legal advice in this regard; 
  • the regulatory status of digital assets is not settled, varies among jurisdictions and is subject to significant uncertainty. Legislative and regulatory changes or actions relating to digital assets at a national or international level may adversely affect or restrict, as applicable, the use, transfer, exchange and value of digital assets.  The value of digital assets may be derived from the continued willingness of market participants to exchange fiat money for digital assets, failing which there may be permanent and total loss of value of any one or more digital assets; 
  • it is possible that a party unaffiliated with HTMI could create an alternative, equivalent version of any USDX on any blockchain (a “copy”) that operates independently.  Similarly, it is possible that a party unaffiliated with HTMI may create an asset and purport that such asset is collateralized by or otherwise incorporates USDX into its design (a “wrapper”). HTMI has no obligations and assumes no responsibility with respect to copies of USDX or wrappers;
  • it is possible that a party unaffiliated with HTMI could create an alternative version of any blockchain on which USDX may be transferred or stored (a “fork”). In the event of a copy, a fork  or the identification of a security issue with any blockchain on which USDX may be transferred or stored, it may be necessary or desirable for HTMI to suspend all activities relating to the USDX for an extended period of time until HTMI has determined in its sole and absolute discretion that such functionality can be restored (“Downtime”). This Downtime may occur immediately upon a “fork”, potentially with little to no warning, and during this period of Downtime you may not be able to conduct various activities involving USDX. In the event of a fork, HTMI shall, in its and absolute sole discretion, determine which blockchain resulting from such fork it will support, if any;
  • HTMI has no obligation to enter into transactions with respect to, or otherwise support, any:
    • “airdrops” or “forks” of USDX; or 
    • any units of USDX transferred or stored on networks that HTMI does not support;
  • HTMI does not have any ability or obligation to prevent or mitigate attacks or resolve any other issues that might arise with any blockchain on which USDX can be transferred or stored. Any such attacks or issues may materially delay or prevent you from sending or receiving USDX, and HTMI shall bear no responsibility for any losses that result from such attacks or issues;
  • HTMI reserves the right to migrate USDX to another blockchain or protocol in the future in its sole discretion;
  • third parties may elect to support USDX on their platforms or to provide products or services relating to USDX.  USDX support on any third-party platform or provision by any third party of any USDX related product or service does not imply any endorsement by HTMI that such third-party platforms, products or services are valid, legal, stable or otherwise appropriate.  HTMI is not responsible for any losses or other issues you may encounter using USDX on any platforms or purchasing any such products or services, including, but not limited to, failure to comply with applicable laws (including any consequences for illegal transactions that might be triggered under this Agreement), the quality and delivery of such products and services, or your satisfaction with any products or services. If you are not satisfied with any such products or services, you must handle those issues directly with the third party;
  • USDX transactions may not be reversible. For example, once you send USDX to an address, you may lose access to, and any claim on, such USDX indefinitely or permanently for any reason including, without limitation: (i) an address may have been entered incorrectly and the true owner of the address may never be discovered, (ii) you may not have (or subsequently lose) the private key associated with such address, (iii) an address may belong to an entity that will not return the USDX, or (iv) an address belongs to an entity that may return the USDX but first requires action on your part or on the part of another person, such as verification of identity. HTMI has no obligation to track, verify or determine the provenance of USDX balances for you, including any form of security interests claimed thereon.  HTMI does not have the ability to reverse or recall any transaction once initiated.  You bear all responsibility for any losses that might be incurred as a result of sending USDX to an incorrect or unintended address;
  • you accept the risk of transaction failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks. HTMI will not be held accountable for any related losses;
  • the regulatory status of USDX and blockchain technology is unclear or unsettled in many jurisdictions. It is difficult to predict how or whether regulatory agencies may apply existing regulation with respect to USDX, blockchain technology and its applications.  Accordingly, it is not possible to determine whether a transfer or holding of USDX would be recognized under applicable Law or by an Authority;
  • legislative and regulatory changes or actions by any regulatory authority may adversely affect the use, transfer, redemption and/or value of USDX; 
  • individuals or entities affiliated with HTMI may hold, purchase, sell, or otherwise engage in transactions using or involving USDX.  You understand and agree that such persons may engage in this activity for any reason, including but not limited to engaging in commercial transactions, promoting transaction activity that utilizes USDX, or otherwise supporting the use or adoption of USDX.  This activity may involve selling USDX to other entities for provision to their end users.  You understand and agree that no individual or entity, whether affiliated with HTMI or otherwise, is under any obligation to engage in these activities, and they may be discontinued at any time; 
  • HTMI assumes no responsibility and shall not be liable for failures, errors or other deficiencies in smart contracts (whether existing, as a result of any upgrade performed by any person, or otherwise); 
  • your holding and use of USDX is subject to all applicable laws and regulations, including, without limitation, all applicable tax, anti-money laundering (AML) and counter-terrorist financing (CTF) provisions and sanctions.  You agree to act in compliance with all applicable laws and regulations.  Applicable laws and regulations may require HTMI to prevent Restricted Persons from holding USDX. A “Restricted Person” means any person subject to comprehensive sanctions under economic sanctions programs administered in any jurisdiction HTMI deems relevant.  HTMI’s AML and CTF procedures are guided by all applicable laws and regulations regarding AML and CTF. These standards are designed to prevent the use of USDX for money laundering or terrorist financing activities.  HTMI takes compliance very seriously and it is HTMI’s policy to take all necessary steps to prohibit fraudulent transactions, report suspicious activities, and actively engage in the prevention of money laundering and any related acts that facilitate money laundering, terrorist financing or any other financial crimes, including by blocking individual addresses from sending or receiving USDX; and
  • all USDX are provided "as is" and without any representation or warranty, whether express, implied or statutory. HTMI, its affiliates and related entities, and each of their respective officers, directors, agents, joint venturers, employees, contractors and suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. HTMI makes no warranty that (i) any USDX will meet any of your requirements, (ii) any USDX will be uninterrupted, timely, secure, or error-free, or (iii) the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.