Terms of Use – ARC SwapsAI

THE SERVICES ARE NOT AVAILABLE TO INDIVIDUALS WHO ARE RESIDENTS OF, OR LOCATED IN, THE UNITED STATES OF AMERICA, CANADA, OR ANY OTHER JURISDICTIONS WHERE THE USE OF OUR SERVICES MAY BE ILLEGAL OR OTHERWISE RESTRICTED (“RESTRICTED JURISDICTIONS”). BY ACCESSING OR USING OUR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE NOT LOCATED IN, UNDER THE CONTROL OF, OR A NATIONAL OR RESIDENT OF ANY RESTRICTED JURISDICTIONS.

1. Introduction

Welcome to ARC Solutions Inc. (“ARC”, “we”, “us”, “our”), a unique decentralized cryptocurrency swaps aggregation platform, which operates the Cryptocurrency Exchange (hereinafter referred to as “The Exchange”). ARC leverages the advanced 1inch routing system to secure optimal prices across a multitude of decentralized exchanges for each swap transaction. Our mission is to provide a seamless, efficient, and advantageous trading environment for crypto enthusiasts at all levels.

ARC operates as a non-custodial service, implying that at no point do we have access to or control over your funds. Our role is to facilitate aggregation, ensuring that you conduct your transactions with confidence and ease. ARC operates across various blockchains, broadening the trading opportunities for our users and delivering a truly comprehensive crypto swaps experience.

These Terms of Use (the “Terms”) govern your access to and use of our online platform and related services (collectively, the “Services”) available at [website address]. By accessing or using our Services, you agree to be bound by these Terms. Please read these Terms carefully as they contain critical information regarding your legal rights and obligations.

2. Definitions

“Service” refers to the aggregation platform provided by ARC. The Service provides users with the ability to find the best prices for their desired cryptocurrency swaps across multiple decentralized exchanges.

“User” refers to individuals who use the Service. Users are people like you who visit our platform, create an account, and use our Service to conduct crypto swap transactions.

“Platform” refers to the ARC decentralized crypto swaps aggregation platform. This includes our website, any software provided for you to use the Service, and any other online properties owned or operated by ARC.

“Decentralized Exchanges” or “DEXs” refer to blockchain-based platforms that allow users to trade cryptocurrencies directly with one another, without an intermediary such as a brokerage or bank.

“Non-custodial” means that we do not hold or have access to user funds. Users maintain control of their funds within their own wallets and are responsible for managing their private keys.

“Blockchain” refers to the specific type of distributed ledger used by a particular cryptocurrency. Different cryptocurrencies use different blockchains.

“1inch Routing System” refers to the technology we use to find the best prices across multiple DEXs for each swap.

“Cryptocurrency Swaps” or “Swaps” refer to the transactions users conduct using our Service. A swap involves trading one cryptocurrency for another.

Additional definitions may be provided throughout this document as needed.

3. Eligibility

The Services are not available to individuals who are residents of, or located in, the United States of America, Canada, or any other jurisdictions where the use of our Services may be illegal or otherwise restricted (“Restricted Jurisdictions”). By accessing or using our Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any Restricted Jurisdictions.

For individuals not based in the U.S., you acknowledge that you are solely responsible for any trades you may make and any losses you may incur. You are responsible for reporting any gains to local tax authorities and ARC Solutions Inc. does not take any of that responsibility. If you are based in the U.S. or Canada, you are ineligible to use this platform.

The Service is available to individuals who are at least 18 years old and are capable of forming legally binding contracts under applicable law. By using the Service, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.

Please note that certain features of the Service may have additional eligibility requirements, and we reserve the right to modify our eligibility criteria at any time. Furthermore, ARC Solutions Inc. may refuse to offer or continue offering the Service to any person and may change its eligibility criteria at any time

4. Privacy

Your privacy is of the utmost importance to us. We are committed to protecting your personal information and your right to privacy. ARC collects, processes, stores, discloses, and disposes of personal information that you provide to us in accordance with our Privacy Policy.

Our Privacy Policy details what personal information we collect, how we use it, and how we protect it. By using the Service, you agree to the collection and use of your personal information in accordance with our Privacy Policy. We encourage all users to read our Privacy Policy in detail to get a clear understanding of how we handle your sensitive information.

Please be aware that by using our Service and agreeing to these Terms of Use, you also consent to the use of your information as described in our Privacy Policy.

For any additional questions or concerns about our privacy practices, please refer to our Privacy Policy or contact us at contact@arc.market.

UNDER THE DEFINED CONDITIONS, IT IS EXPLICITLY STATED THAT UNITED STATES CITIZENS ARE NOT PERMITTED TO USE VIRTUAL PRIVATE NETWORK (VPN) SERVICES. IN CONTRAST, INDIVIDUALS WHO DO NOT HOLD US CITIZENSHIP ARE ALLOWED TO USE THESE SERVICES. THIS REGULATION IS ESTABLISHED BASED ON ONE’S CITIZENSHIP STATUS.

IN THE EVENT WE DETERMINE, IN OUR SOLE DISCRETION, THAT YOU HAVE BREACHED THESE TERMS, WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO OUR SERVICES, FREEZE ANY TRANSACTIONS, AND REPORT YOUR ACTIVITIES TO THE RELEVANT AUTHORITIES, AS MAY BE REQUIRED BY LAW.

5. Wallet Connection and Security

ARC operates a non-custodial platform. This means that instead of creating an account with us, users connect to our Service using a decentralized wallet. By using our Service, you accept all risks associated with connecting a decentralized wallet to our Service, including any risks that result from your own misuse or improper storage of your wallet’s private keys.

You are solely responsible for managing and maintaining the security of your wallet, including keeping your private keys secure and confidential. ARC will not be liable for any loss or damage arising from your failure to adequately secure your wallet or your private keys.

6. Trading Rules

ARC provides a platform for trading across multiple decentralized exchanges. The trading rules of these exchanges, as well as any rules we set for using our Service, apply to all users. These rules may include, but are not limited to, minimum and maximum trade sizes, trade confirmation protocols, and acceptable trading behaviors.

Users must agree to abide by all trading rules as provided on the Platform. Please be aware that these rules may be updated from time to time, and it is your responsibility to stay updated on any changes. Violation of any trading rules may result in immediate suspension or termination of your access to the Service.

7. Fees

ARC applies a transaction fee for the services it provides. This fee is a small percentage added on top of the fees levied by third-party decentralized exchanges involved in your transaction. The exact percentage may fluctuate due to factors such as gas prices at the time of the transaction.

Before finalizing any transaction, the Platform will display a detailed breakdown of the fees for your review. The breakdown will include both the fees charged by the third-party exchanges and the additional fee applied by ARC. Once a transaction is completed, the blockchain can confirm the exact amount charged.

It’s important to note that ARC reserves the right to change its fee structure at any time. Any changes will be communicated in advance and will be reflected in the fee breakdown provided before each transaction.

8. Risk Disclosure

Trading cryptocurrencies involves substantial risk and can result in the loss of your entire invested capital. Such trading is not suitable for everyone, and you should ensure that you fully understand the risks involved.

The value of cryptocurrencies can be extremely volatile and unpredictable, which can lead to significant losses in a short period of time. Furthermore, the use of our Service requires knowledge of cryptographic systems and blockchain-based software.

Before engaging in such activities, you should carefully consider your investment objectives, level of experience, and risk appetite. We strongly recommend that you take the time to read and understand our Risk Disclosure document and that you seek independent financial advice if necessary.

Remember, the risk of loss in trading or holding cryptocurrencies can be substantial. As with any asset, the value of digital currencies can go up or down and there can be a substantial risk that you lose money buying, selling, holding, or investing in digital currencies.

Limit orders on Decentralized Exchanges are a more advanced type of trading order. Please ensure your parameters are all correct before submitting your order; to include your exchange rate as this won’t always be denominated in USD depending on the pair you are placing your order on.

9. Market Information

ARC may provide users with various types of market information, including but not limited to, news updates, blog posts, newsletters, market analysis, and links to third-party content. This information is provided as a service and is intended to assist you in making informed decisions.

However, ARC does not endorse, approve, or certify such information, nor does it guarantee the accuracy, completeness, efficacy, or timeliness of such information. The information provided is general in nature and is not intended to serve as financial, investment, legal, tax, or other professional advice.

Users should not rely solely on the information provided by ARC for making decisions. Instead, users should consult with an appropriate professional for advice tailored to their specific circumstances. The use of the information provided is at your own risk.

10. Prohibited Use

As a user of our Service, you are prohibited from violating or attempting to violate the security of the Service. This includes, without limitation:

  • a. Accessing data not intended for you or logging onto a server or an account which you are not authorized to access.
  • b. Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
  • c. Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”.
  • d. Sending unsolicited email, including promotions and/or advertising of products or services.Violations of system or network security may result in civil or criminal liability. ARC will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.Remember, it’s important to respect the rights of others when using our Service, and to use the Service only for lawful purposes. We reserve the right, at our sole discretion, to terminate or suspend your access to the Service if we believe you are using the Service in a manner that violates these Terms of Use.

11. Intellectual Property Rights

ARC and its licensors own all intellectual property rights, including copyrights, trademarks, and patents, in and to the Swaps function, including but not limited to:

  • The design of the Swaps function website
  • The graphics used on the Swaps function website
  • The text used on the Swaps function website
  • The software used on the Swaps function website
  • Any other material on the Swaps function website
  • You acknowledge that all such intellectual property rights are valid and protected.

You agree not to do any of the following:

  • Modify any of the material on the Swaps function website
  • Reproduce any of the material on the Swaps function website
  • Distribute any of the material on the Swaps function website
  • Transmit any of the material on the Swaps function website
  • Display any of the material on the Swaps function website
  • Perform any of the material on the Swaps function website
  • Publish any of the material on the Swaps function website
  • License any of the material on the Swaps function website
  • Create derivative works from any of the material on the Swaps function website
  • Transfer any of the material on the Swaps function website
  • Sell any of the material on the Swaps function website

If you do any of the things listed above, you may be violating the intellectual property rights of ARC and its licensors. If you do, ARC and its licensors may take legal action against you.

12. Third-Party Content

The Swaps function may contain links to third-party websites or services.

ARC is not liable for the content of any third-party website or service, and you agree that ARC is not accountable for any loss or damage resulting from your use of any third-party website or service.

If you believe that any content on a third-party website or service infringes upon your copyright, please contact the owner or operator of that website or service.

13. User Responsibilities

As a user, you are responsible for your own actions and for any consequences that occur as a result of those actions. This includes, but is not limited to, the following:

  • You are responsible for the accuracy of any information that you provide to ARC.
  • You are responsible for the security of your account and password.
  • You are responsible for any unauthorized use of your account.
  • You are responsible for any damage that you cause to ARC or any third party as a result of your use of the Swaps function.

14. User Conduct & Prohibited Activities

As a user, you agree not to do any of the following:

  • Use the Swaps function for any illegal or unauthorized purpose.
  • Violate any applicable laws or regulations.
  • Violate any of the terms of this agreement.
  • Harm or threaten to harm any other user.
  • Spam or harass any other user.
  • Post any defamatory, offensive, or illegal content.
  • Impersonate any other person or entity.
  • Use the Swaps function in a way that disrupts or interferes with the normal operation of the Swaps function.

If you do any of the things listed above, ARC may take any action it deems appropriate, including, but not limited to, terminating your account and/or reporting you to the appropriate authorities.

15. Termination of Use

ARC reserves the right to suspend or terminate your use of the Service at any time and without notice if you violate any of the terms of this agreement. This includes, but is not limited to, the following:

  • Using the Service for any illegal or unauthorized purpose.
  • Violating any applicable laws or regulations.
  • Violating any of the terms of this agreement.
  • Harming or threatening to harm any other user.
  • Spamming or harassing any other user.
  • Posting any defamatory, offensive, or illegal content.
  • Impersonating any other person or entity.
  • Using the Service in a way that disrupts or interferes with the normal operation of the Service.

If your use of the Service is terminated, you will no longer be able to access the Service or any of its features. You will also be responsible for any outstanding fees or charges that you may owe to ARC.

16. Disclaimer of Warranties

The Service is provided “as is”. ARC makes no warranty that the Service will be uninterrupted, timely, secure, or error-free. ARC also makes no warranty that the results that may be obtained from the use of the Service will be accurate or reliable.

The Service may include third-party content or services. ARC makes no warranty regarding the accuracy, completeness, or legality of any third-party content or services.

ARC is not responsible for any damages that may result from your use of the Service, including, but not limited to, direct, indirect, incidental, consequential, or punitive damages.

Your use of the Service is at your own risk.

17. Limitation of Liability

ARC’s liability to you for any loss or damage arising out of or in connection with your use of the Service is limited to the amount of fees actually paid by you to ARC for use of the Service.

ARC is not liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising out of or in connection with your use of the Service.

This limitation of liability applies even if ARC has been advised of the possibility of such damages.

18. Indemnification

You agree to indemnify and hold harmless ARC, its officers, directors, employees, and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in connection with:

  • Your use of the Service;
  • Your violation of any term of this agreement; or
  • Your violation of any law or regulation.

19. Dispute Resolution

Any dispute arising out of or in connection with these Terms of Use shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in English and the arbitral award shall be final and binding. The parties agree to waive their right to a jury trial.

20. Governing Law and Jurisdiction

These Terms of Use and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the United States without giving effect to any choice or conflict of law provision or rule. The parties agree to submit to the exclusive jurisdiction of the courts located in the State of California.

21. Changes to the Terms of Use

ARC reserves the right to change these Terms of Use at any time. We will notify you of any changes by posting the new Terms of Use on our Platform. You are responsible for reviewing the Terms of Use periodically to be aware of any changes. Your continued use of the Platform after the posting of changes to the Terms of Use constitutes your acceptance of those changes.

22. Miscellaneous Provisions

If any part of these Terms of Use is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.

These are just some of the legal nuances that ARC should consider when drafting its Terms of Use. It is important to consult with an attorney to ensure that the Terms of Use are tailored to ARC’s specific needs.

Here are some additional considerations for ARC:

  • KYC and AML requirements: ARC may need to implement KYC and AML procedures to comply with applicable laws and regulations.
  • Scams and fraud: ARC should take steps to protect users from scams and fraud, such as by providing educational resources and warning users about potential risks.
  • Taxes: ARC may need to collect taxes on transactions that occur on its platform.
  • Regulatory compliance: ARC should stay up-to-date on changes in the regulatory landscape and make sure that its platform complies with all applicable laws and regulations.
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