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Terms and Conditions
Scope
These terms govern use of the Arch website at [https://www.arch.finance] and the Arch decentralized applications ("or dApps") accessible at [https://beta.archfinance.io] and other addresses. The operator of the website may offer other products and services. These terms apply only to use of the website and dApps.
Arch OTC LLC., a Delaware company, operates the website and its interface to the dApps. It is referred to in this document as the "operator."
Important Terms
These terms include a number of especially important provisions that affect your rights and responsibilities, such as the disclaimers in Disclaimers, limits on the operator's legal liability to you in Limits on Liability, your agreement to reimburse the operator for problems caused by your misuse of the website in Your Responsibility, and an agreement about how to resolve disputes in Disputes.
The Arch dApps are part of a platform that allows users to create new ERC-20 tokens that aggregate and provide holders with exposure to a number of different token sectors, including exchanges, lending, digital property, entertainment, among others ("Sector Tokens"). If a user wants to purchase a token, the Arch Platform will interact directly with Ethereum smart contracts and protocols that allow for the creation of the token sets.Users will connect their self-custodied wallets to the Arch Platform prior to them creating any Sector Tokens. While the Arch Platform will allow for the interaction with Ethereum smart contracts and protocols, it will not provide or have custody of any user tokens (i.e. users will self-custody the tokens). Arch will receive a fee as part of the process.
Certain features on the dApps may be offered while still in "beta" form. By accepting these Terms or using any services in beta form, you understand and acknowledge that they are being provided as a "Beta" version and made available on an "As Is" or "As Available" basis. Services in "beta" form may contain bugs, errors, and other problems. You assume all risks and all costs associated with your use of services in beta form.
The displayed price for Index Tokens may differ from the price upon purchase or sale of an Index Token. The price will depend on the market factors, such as the depth of liquidity pools and activity of automated market makers.
Using the Arch dApps may require that you pay an additional fee, such as gas charges on the Ethereum network, to perform a transaction. You acknowledge and agree that Arch has no control over any transactions, the method of payment of any transactions or any actual payments of transactions. Accordingly, you must ensure that you have a sufficient balance of the applicable cryptocurrency tokens stored at your protocol-compatible wallet address to complete any transaction on the Arch dApps or the Ethereum network before initiating such transaction.
Your Permission to Use the Website and dApps
Subject to these terms, the operator gives you permission to use the website and dApps. You can't transfer your permission to anyone else. Others need to agree to these terms for themselves to use the website and dApps.
Conditions for Use of the Website and dApps
Your permission to use the website and dApps is subject to the following conditions:
1. You must be at least eighteen years old.
2. You may no longer use the website or dApps if the operator tells you that you may not.
3. You must follow Acceptable Use and Content Standards.
Acceptable Use
1. You may not break the law using the website or dApps.
2. You may not use or try to use anyone else's account on the website or dApps (or to connect with anyone else's wallet) without their specific permission.
3. You may not exploit software vulnerabilities, use social engineering, or use malware.
4. You may not buy, sell, or otherwise trade in addresses, user names, or other unique identifiers on the website or dApps.
5. You may not send advertisements, chain letters, or other solicitations through the website or dApps, or use the website or dApps to gather addresses for distribution lists.
6. You may not automate access to the website or dApps, or monitor the website or dApps, such as with a web crawler, browser plug-in or add-on, or other computer program that is not a web browser. You may crawl the website to index it for a publicly available search engine, so long as you abide by the rules of any robots.txt file on the website.
7. You may not use the website or dApps to send e-mail to distribution lists, news groups, or group mail aliases.
8. You may not falsely imply that you're affiliated with or endorsed by the operator.
9. You may not hyperlink to images or other non-hypertext content on the website or dApps.
10. You may not show any part of the website or dApps on other websites with iframes or similar methods.
11. You may not remove any marks showing proprietary ownership from materials you download from the website or dApps.
12. You may not disable, avoid, or circumvent any security or access restrictions of the website or dApps.
13. You may not strain infrastructure of the website or dApps with an unreasonable volume of requests.
14. You may not impersonate others through the website or dApps.
15. You may not encourage or help anyone in violation of these terms.
16. You have not been identified as a Specially Designated National or placed on any sanctions list by the U.S. Treasury Department's Office of Foreign Assets Control.
17. You have not been placed on any of the following lists: European External Action Service Consolidated Financial Sanctions List; EU Terrorist List; FATF Non-Cooperative Countries and Territories; FBI Most Wanted Terrorists; Bank of England Sanctions List; HM Treasury Sanctions List; Politically Exposed Persons List; World Bank Ineligible Firms; Department of Foreign Affairs and Trade Consolidated List.
Content Standards
1. You may not submit content to the website or dApps that is illegal, offensive, or otherwise harmful to others.
2. You may not submit content that violates the law, infringes anyone's intellectual property rights, or breaches agreements you have with others.
3. You may not submit content containing malicious computer code.
4. You may not submit content as a mere placeholder.
5. You may not use the website or dApps to disclose information from or about others that you don't have the right to disclose.
Enforcement
1. The operator may investigate and prosecute violations of these terms to the fullest legal extent.
2. The operator reserves the right to change, redact, and delete content on the website or dApps for any reason.
Your Account
1. You are not required to create an account to access the dApps. However, you are required to connect a protocol-compatible wallet to interact with the dApps.
Your Content
1. Nothing in these terms gives the operator any ownership rights in content or intellectual property that you share with the website or dApps.
2. Between you and the operator, you remain solely responsible for content you submit.
3. Content you submit belongs to you, and you decide how to license it. But at a minimum, you license the operator to provide content that you submit to other users.
4. When content you submit is removed, the operator's special license ends when the last copy disappears.
5. Others who receive content you submit may violate the terms on which you license your content.
Your Responsibility
You agree to reimburse the operator for all the costs of legal claims by others related to your breach of these terms.
The operator agrees not to enter any settlement that admits you were at fault without your permission. The operator will not create a hosted cryptocurrency "Wallet" for you. It is your sole responsibility to maintain the security of your Wallet.
Disclaimers
1. You accept all risk of using the website and dApps and their content.
2. You accept all risk involving blockchain transactions on the website and dApps.
3. The website may hyperlink to and integrate websites and services run by others.
4. You agree that you understand the inherent risks associated with cryptographic systems.
5. You agree that you have an understanding of the usage and intricacies of native cryptographic tokens. You acknowledge that you alone are responsible for securing your private key(s).
6. At any time, your access to your tokens may be suspended or terminated.
7. The website or dApps may be suspended or terminated for any or no reason.
Limits on Liability
1. As far as the law allows, the operator will not be liable for any financial losses, loss of use, data, business or profits, or indirect damages.
2. You agree to defend, indemnify and hold harmless the operator from any claims arising from your violation of these Terms.
Feedback
1. The operator welcomes your feedback and suggestions.
2. You agree that the operator will be free to act on feedback and suggestions you provide without compensation.
Termination
1. Either you or the operator may end this agreement at any time.
2. The following sections continue after this agreement ends: Your Content, Feedback, Your Responsibility, Disclaimers, Limits on Liability, and General Terms.
Disputes
1. The governing law will be the law of Delaware.
2. All disputes will be heard by arbitration in New York, New York.
3. Both sides agree to bring any proceedings only in national courts located in New York, New York.
4. Neither you nor the operator will object to jurisdiction.
5. If the governing law allows, both sides waive their rights to trial by jury.
6. Both sides agree to bring any legal claims as individuals, not as part of a class action.
General Terms
1. If a section of these terms is unenforceable, that section should be changed to the minimum extent necessary.
2. You may not assign this agreement. The operator may assign it to any affiliate.
3. Neither the exercise of any right nor waiver of any breach waives any other breach.
4. These terms are all the terms of agreement about use of the website.
Contact
1. You may notify the operator using the contact information they provide.
2. The operator may notify you via e-mail or by posting on the website.
Changes
1. The operator may update the terms of service. The operator will post all updates to the website.
2. Once you get notice of an update, you must agree to the new terms to keep using the website.
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