These Terms of Service (these “Terms of Service”) are a contractual agreement between you and Archway Services Ltd. and its affiliates (“Archway” or “We”). These Terms of Service govern your use of the services provided on the Archway Connect website (“Archway Connect” or “the Site”). By accessing, browsing, and using of services offered on Archway Connect (the “Services”), you agree to the following terms and conditions of these Terms of Service and Archway's Privacy Policy. For purposes of these Terms, “User”, “you”, and “your” mean you as the user of the Services.
NOTICE: These Terms of Service contain important information, including a binding arbitration provision and a class action waiver, both of which impact your rights as to how disputes are resolved. You should access and use the Services only if you agree completely with these Terms of Service.
ARCH TOKENS ARE NOT INTENDED FOR U.S. PERSONS (AS SUCH TERM IS DEFINED IN RULE 902 OF REGULATION S AS PROMULGATED BY THE U.S. SECURITIES AND EXCHANGE COMMISSION) AND HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND MAY NOT BE OFFERED OR SOLD IN THE UNITED STATES OR TO U.S. PERSONS UNLESS THEY ARE REGISTERED UNDER SUCH ACT, OR AN EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF SUCH ACT IS AVAILABLE.
I. ACCESS AND USE OF THE SERVICES
As a condition to accessing or using all or certain Services of the Site, you represent and warrant to Archway the following: (i) you are at least 18 years old or of legal age in the jurisdiction in which you reside and you have the legal capacity to enter into these Terms of Service; (ii) you are not and do not intend to transact with an “Excluded Person”, which shall mean a person, entity or body that is (a) listed on any U.S., EU (including its Member States) or UK list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals, the U.S. Department of Commerce Denied Persons List Entity List, the EU Consolidated List of persons, groups and entities subject to financial sanctions or the UK Consolidated List of Financial Sanctions Targets, (b) located or organized in any “Prohibited Jurisdiction”; which shall mean a jurisdiction subject to economic/trade embargo lists of United Nations, European Union and its Member States, United States and United Kingdom, or that has been designated as a “terrorist supporting” country (currently, the Crimea region of Ukraine, Cuba, Iran, North Korea, Syria, the so-called Donetsk People's Republic and the so-called Luhansk People's Republic). You will have no access to the Services or limited access to the Services if you live in a Prohibited Jurisdiction based on your particular jurisdiction or the Service being provided; (iii) you do not, and will not, use VPN software or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to Archway Connect; and (v) your access and use of Archway Connect is not prohibited by an violate applicable law and you will not access or use the Services to conduct, promote, or otherwise facilitate any illegal activity.
We make no representations or warranties that the Services are appropriate for access or use in other jurisdictions. You are not permitted to access or use the Site in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction or if it would subject Archway to the laws of, or any registration requirement with, such jurisdiction. We reserve the right to limit the availability of the Site to any person, geographic area, or jurisdiction, at any time and at our sole and absolute discretion.
II. GET ARCH
The Site may feature certain third-party applications that allow fiat-to-crypto on-ramp and off-ramp transactions involving ARCH tokens. Those third-party applications are presented to you for your information and convenience only. Archway does not store, transfer, transmit, convert, broker, hold, escrow, offer for sale, or otherwise interact with any virtual or fiat currency, security, financial instrument, or other digital or physical asset through the Site. Any interactions between you and third-party applications will be subject to the terms of service of such third-party as further described in Section IX of these Terms of Service.
III. SWAP & BRIDGE
The Services may include third-party functionalities that will allow you to exchange ARCH native tokens with other digital tokens and transfer assets across different blockchain networks through the use of decentralized or permissionless infrastructures. Any interactions between you and third-party providers will be subject to the terms of service of such third-party as further described in Section IX of these Terms of Service.
IV. STAKING
The Archway protocol is a decentralized peer-to-peer blockchain that allows you to stake IBC enabled ARCH tokens. The Archway protocol is made up of free, public, and open-source software. Your use of the Archway protocol involves various risks, including but not limited to losses incurred while ARCH tokens are being staked on third party validators, and supplied to decentralized exchanges and liquidity pools, as well as losses due to the fluctuation of prices of ARCH. Before claiming any ARCH rewards or staking any ARCH tokens through Archway Connect or otherwise. you should do your own due diligence to make sure you understand how staking, interaction with Validators and the Archway protocol works. Additionally, you can interact with the Archway protocol through several web or mobile interfaces which Archway does not control. Archway will not accept any responsibility for any loss of ARCH tokens or while using these interfaces. You are responsible for doing your own due diligence on those interfaces to understand the risks they present.
The Site may list certain validators running permissionless validator nodes for the Archway protocol for convenience reasons only. By staking ARCH tokens through the Site, you acknowledge and agree that Archway does not endorse, operate or control any of such listed validator nodes and shall not be responsible or liable for the performance of validators, including for any loss of ARCH tokens due to slashing or otherwise.
V. VOTING
Holders of ARCH tokens will gain certain governance rights over the performance of the Archway protocol and its underlying software, including rights to voting on proposed changes, upgrades, or decisions related to key aspects of the Archway protocol (the “ Archway Community Governance”). You acknowledge that ARCH Tokens do not represent any ownership, equity, or security interest in the Services or any affiliated Archway entity or contributor.
Archway will facilitate the execution of decisions made by such Archway Community Governance, subject to the rules applicable to the voting and passing of proposals submitted by token holders to the Archway Community Governance and to the applicable law. Such rules may be published in public forums set up by the Archway Community Governance and will be deemed part of these Terms of Service.
VI. DROP CAMP
Drop Camp (“Drop Camp”) is a task oriented journey showcasing some of the key features, applications and smart contracts available on the Archway network. Users who complete these tasks are awarded a wallet score, and in turn increase their reputation in the Archway ecosystem. An increased reputation in the ecosystem may have the following effects: i) make it more likely you are eligible to participate in third-parties' airdrop campaigns targeting the Archway network; ii) be considered an active member of the Archway ecosystem and have increased reputation in governance and other Archway initiatives; iii) get a whitelisted spot on Ambur NFT marketplace for preferred access to featured NFT collections.
We do not not guarantee that by completing the tasks in Drop Camp you will become eligible to receive any third-party airdrops, which are outside of Archway's control as further laid down in Section X about “Third Party Links and Services”. Archway disclaims any responsibility for any and all aspects of third-parties airdrops.
Drop Camp may include forward-looking statements that represent opinions, estimates and other forward-looking information, which may not be realized. Forward-looking statements can be identified by the use of forward-looking terminology such as “may,” “will,” “should,” “expect,” “anticipate,” “could,” “estimates,” “intends,” “plans” or “believes,” or the negatives thereof or comparable terminology. Forward-looking statements are not guarantees, and they involve risks, uncertainties and assumptions. Although we make such statements based on assumptions that we believe to be reasonable, there can be no assurance that actual results will not differ materially from those expressed in the forward-looking statements. YOU SHOULD NOT RELY ON OR MAKE ANY DECISIONS BASED ON ANY FORWARD-LOOKING STATEMENTS THAT WE MAY MAKE.
VII. PROHIBITED ACTIVITIES
As a condition to accessing the Site or using the Services, you will not:
- Violate any applicable law, including, without limitation, any relevant and applicable anti-money laundering and anti-terrorist financing laws and any relevant and applicable privacy and data collection laws, in each case as may be amended;
- Export, reexport, or transfer, directly or indirectly, any Archway technology in violation of applicable export laws or regulations;
- Infringe on or misappropriate any contract, intellectual property or other third-party right, or commit a tort while using the Site;
- Misrepresent the truthfulness, sourcing or reliability of any content on the Site;
- Use the Site in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site, or that could damage, disable, overburden, or impair the functioning of the Site or the Archway protocol in any manner;
- Attempt to circumvent any content filtering techniques or security measures that Archway employs on the Site, or attempt to access any service or area of the Site that you are not authorized to access;
- Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us, to access the Site to extract data.
VIII. INFORMATION ON THE ARCHWAY CONNECT WEBSITE
The material and functionality provided herein are used for information and convenience purposes only and do not constitute legal or tax advice, recommendations, or counsel. The contents should not be relied upon in any way other than for informational purposes. You should seek advice from the appropriate professional prior to making any decisions based on the information contained herein.
IX. COPYRIGHT AND TRADEMARK RESTRICTIONS
None of the material may be copied, reproduced, distributed, republished, downloaded, displayed, or posted, or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without prior written permission of Archway or the copyright owner. The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this Site are the Trademarks of Archway and others. Nothing on this Site should be construed as granting, by implications, estoppels, or otherwise, any license or right to use any Trademark displayed on the Archway Connect Website, without the express written permission of the Trademark owner. The name of Archway or the Archway logo may not be used in any way without prior, written permission from Archway. Archway prohibits the use of the Archway logo as a “hot” link to the Archway Connect Website unless the establishment of such a link is approved in advance by Archway in writing. Any unauthorized use of any material contained on this Site may violate laws of the United States and other territories where the intellectual property have been registered, including without limitation copyright laws, trademark laws, the laws of privacy or publicity, and communications regulations and statutes.
X. THIRD-PARTY LINKS AND SERVICES
- The Services and the Site may provide access to or link to third-party services, such as DEXs, bridges and/or Dapps (“ Third Party Services”). When accessing Third Party Services, you understand that you are at no time transferring your assets to us. Archway is not responsible for and does not review, approve, monitor, endorse, or warrant the performance of Third Party Services. In no event shall Archway be responsible for the availability, performance, or legality of, the content, products, assets, or services on or accessible from those Third Party Services (including any related websites, resources or links displayed therein). Your use of Third Party Services may be governed by terms and conditions between you and the third-party project and, in no event shall Archway be considered a party to those third-party agreements.
- To access and use Archway Connect's features and interact with Third Party Services, you must use a non-custodial wallet software provided by a third-party web browser and mobile extensions, such as Keplr. Your relationship with that non-custodial wallet provider is governed by the applicable terms of service between you and such wallet provider. We do not have custody or control over the contents of your wallet and have no ability to retrieve or transfer its contents.
XI. DISCLAIMERS
NO WARRANTIES
THE SERVICES ARE PROVIDED “AS IS”, AT YOUR OWN RISK, AND WITHOUT WARRANTIES OF ANY KIND. You understand and agree that Archway does not own or control the Archway protocol, which is run by a decentralized validator set. Upgrades and modifications to the protocol are managed through community-driven voting by holders of the ARCH token. No developer or entity involved in creating the Archway 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 Archway protocol, including any direct, indirect, incidental, special, exemplary, punitive or consequential damages, or loss of profits, cryptocurrencies, tokens, or anything else of value.
ARCHWAY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
IN PARTICULAR, ARCHWAY MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, APPLICATIONS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
DISCLAIMER OF RISKS
BY ACCESSING AND USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU 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 BRIDGING OR TRANSFERRING ACROSS DIFFERENT BLOCKCHAIN SOLUTIONS. YOU FURTHER UNDERSTAND THAT THE MARKETS FOR THESE DIGITAL ASSETS ARE HIGHLY VOLATILE DUE TO VARIOUS FACTORS, INCLUDING ADOPTION, SPECULATION, TECHNOLOGY, SECURITY, AND REGULATION. YOU FURTHER ACKNOWLEDGE AND ACCEPT THE RISK THAT YOUR DIGITAL ASSETS MAY LOSE SOME OR ALL OF THEIR VALUE WHILE THEY ARE SUPPLIED TO A BLOCKCHAIN PROTOCOL. 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 OR USING THE SERVICE. ACCORDINGLY, YOU UNDERSTAND AND AGREE TO ASSUME FULL RESPONSIBILITY FOR ALL OF THE RISKS OF ACCESSING AND USING BLOCKCHAIN PROTOCOLS.
XII. LIMITATION OF LIABILITY
YOU UNDERSTAND AND HEREBY AGREE THAT, EXCEPT AS OTHERWISE EXPRESSLY STATED AND TO THE EXTENT APPLICABLE BY LAW, IN NO EVENT WILL ARCHWAY AND ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, REGARDLESS OF THE NATURE OR BASIS OF THE CLAIM, RESULTING FROM ANY USE OF THE SITE, OR THE CONTENTS THEREOF OR OF ANY HYPERLINKED PARTNER WEBSITE INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, FAILURE OF PERFORMANCE, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS OR EQUIPMENT OR NETWORK FAILURE OR OTHERWISE, EVEN IF THERE IS NEGLIGENCE BY ARCHWAY OR AN AUTHORIZED ARCHWAY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR LIABILITY ARISING FROM EITHER PARTY'S, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE LESSER BETWEEN THE AMOUNT COLLECTED UNDER THESE TERMS OF SERVICE OR FIVE HUNDRED DOLLARS ($500 USD).
XIII. CLASS ACTION WAIVER
Any proceeding to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. You and we also agree not to participate in claims brought in a private attorney general or representative capacity, or any consolidated claims involving another person's account, if we are a party to the proceeding. You are giving up your right to participate as a class representative or class member on any class claim you may have against us including any right to class arbitration or any consolidation of individual arbitrations.
XIV. GOVERNING LAW AND JURISDICTION
Any dispute arising under or related to these Terms of Service (whether for breach of contract, tortious conduct, or otherwise) will be governed, construed, and interpreted under the laws of the British Virgin Islands (“BVI”).
Any dispute, controversy, difference or claim arising out of or relating to these Terms of Service, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the by the BVI International Arbitration Centre (IAC) in accordance with the BVI IAC Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of the arbitration shall be Road Town, Tortola, British Virgin Islands, unless the Parties agree otherwise, but the arbitration shall be conducted remotely to the extent permitted by the BVI IAC Arbitration Rules. The tribunal shall consist of one arbitrator, such arbitrator to be appointed by mutual agreement between the parties, or in the event that no mutual agreement is reached, then in accordance with the BVI IAC Arbitration Rules. The language of the arbitration shall be English.
XV. TERMS OF USE REVISIONS
Archway may at any time revise these Terms of Service by updating this posting. By continuing to use Archway Connect you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current version of these Terms of Service to which you are bound.
15. CONTACT US
Please contact us at [email protected] to report any violations or ask any questions about these Terms of Service or the Archway Connect Services or contact us at the following address:
Archway Services Ltd.
Floor 4, Banco Popular Building, Road Town, Tortola
British Virgin Islands, VG1110