Terms of Service
These Terms of Service (“Terms”) govern your access to and use of the Arcadia Finance website available at https://www.arcadia.finance (the “Website”) and any services or products provided or facilitated by Arcadia Finance, including any applications or services provided or facilitated by Arcadia Finance through any subdomain of the Website or deployed on any blockchain-based network (the "Services"). The Website and the Services combined can be referred to as "the Platform" or "the App". The Website and Services are provided by the Arcadia Protocol Foundation (the "Foundation"), a private interest foundation, organized and existing under the laws of the Republic of Panama with registered seat at The Century Tower, Floor 4, Ricardo J. Alfaro Avenue, Panama City, Republic of Panama ("we", "us", "the Foundation", "Arcadia" or "Arcadia Finance") to be primarily used as a user-friendly and easily comprehensible manner to access the Platform.
By accessing or using the Website or Services, or by clicking the button “I accept” or respective check box in connection with or relating to these Terms, you (“you”, “your”) acknowledge that you have read, accept without modifications and agree to be bound by these Terms and all terms incorporated herein by reference, which form a legally binding agreement between you and Arcadia Finance. If you do not accept or agree to these Terms, you are not allowed to access or use the Website or Services, and must immediately discontinue any use thereof.
If you are acting for or on behalf of an entity, you hereby represent and warrant that you are authorized to accept these Terms and enter into a binding agreement with Arcadia Finance on such entity's behalf, and you accept these Terms both on behalf of such entity and on your own behalf.
1. Arcadia Finance Services
Arcadia Finance provides access to the Website and Services that, among others, enable you to interact with blockchain networks and other smart-contract systems deployed on it. It is expressly acknowledged that Arcadia does not control or operate blockchain networks, smart-contract systems, or any software through which such networks or systems are formed.
Blockchain networks and smart-contracts are open systems and can be reviewed, verified, used, copied, modified, and distributed by anyone, subject to the terms of the applicable license. You should carefully and thoroughly review and assess the blockchain networks and related software before using them, and any such use shall be at your own risk. You should always do your own research.
You further acknowledge that Arcadia Finance is not responsible for or liable in connection with any blockchain network, smart-contract system, or related software, their operation, functioning, implementation, or use. Accordingly, in no event shall Arcadia Finance or any of its affiliates, officers, directors or representatives be held responsible for any losses or damages that you may incur in connection with the use of blockchain networks, smart-contract systems, or related software, and you hereby assume and accept any and all related risks.
2. Connecting Digital Wallet
When using the Platform, you may connect your Digital Wallet through one of the compatible third-party software wallets, such as MetaMask, TrustWallet, WalletConnect, or other similar software. These software wallets are third-party services and Arcadia Finance is not responsible for, does not endorse, and shall not be held liable in connection with the software digital wallets used by you with the Services or otherwise. When using third-party software wallets, you should review applicable terms and policies that govern your use of such software.
Arcadia Finance never receives access to or control over your Digital Wallet or Virtual Assets (meaning any cryptocurrency and other cryptographic or blockchain-based tokens, assets or warrants) held in such Digital Wallet. Therefore, you are solely responsible for securing your Digital Wallet and credentials thereto, including your private key, seed phrase, password, and any other relevant information. You may disconnect your Digital Wallet from the Arcadia Finance Platform at any time.
3. Use of the Platform
You may use the Platform for commercial use only and not use the Platform as a consumer. You are not allowed to use the Website or Services for any unlawful purpose or in a way that violates these Terms. You agree that you will not use any automated means, including bots, spiders, or scrapers, to access the Website or Services.
To be eligible to access and use the Platform, you must:
- be able to form a legally binding agreement with Arcadia Finance on terms herein set forth;
- if an individual, be at least 18 (eighteen) years of age, or of such higher age required to enter into a binding agreement with Arcadia Finance on the terms set out herein according to the laws of the jurisdiction where you reside;
- neither be a Prohibited Person (any citizen or resident of, or person subject to jurisdiction of, any Prohibited Jurisdiction (see further), or person subject to any sanctions administered or enforced by any country, government or international authority) nor use the Platform for the benefit of a Prohibited Person;
- not be based in any Prohibited Jurisdiction (any of the following jurisdictions: Cuba; Democratic People's Republic of North Korea; Islamic Republic of Iran; Syria; the Crimea and Sevastopol; the People Republic of China (excluding Hong Kong, Macao and Taiwan); the United States of America (including its territories: American Samoa, Guam, Puerto Rico, the Northern Mariana Islands and the U.S. Virgin Islands), and any jurisdiction in which the use of the Platform is prohibited by applicable laws or regulations);
- comply with these Terms;
- use the App for your business purposes only, and not as a consumer, and you hereby further agree and acknowledge that the App is available for your commercial use only. You are not allowed to use the App in your capacity as a consumer.
4. Virtual Assets and Transactions
You acknowledge and agree that Arcadia Finance does not provide custodial or similar services for Virtual Assets and does not act as your agent or representative. Arcadia Finance does not control, manage or custody any of your Virtual Assets.
You agree that you are solely responsible for all transactions carried out on the Arcadia Finance Platform or any smart-contract system. Transactions between users of any smart-contract system are peer-to-peer, and you acknowledge that Arcadia Finance is not an intermediary in any transaction.
As Virtual Assets are extremely volatile, their value and applicable exchange rates may change dramatically in a short time. Furthermore, the composition of Virtual Assets supplied to certain Third-Party Services may change, and their value or price may go up or down. Arcadia Finance is not responsible for any damages or losses that may occur as a result of the change in the composition, value, or price of your Virtual Assets.
5. No Broker or Intermediary Services
The Arcadia Finance Platform do not constitute broker or fund management services, and Arcadia Finance is not a broker or fund manager. Neither the Arcadia Finance Platform nor these Terms should be considered as any intermediation services to brokers or fund managers.
6. No Financial or Legal Advice
Arcadia Finance does not provide any financial advisory, legal, regulatory, or tax services. Any content, information, or materials provided by Arcadia Finance are not substitutes for professional financial, legal, regulatory, tax, or other advice.
With the sole exception of these Terms, any information, text, links, images or statements displayed or accessed through the Website and Services are for informational purposes only and should not be considered financial or investment advice in any form. Arcadia Finance does not provide any investment advice or recommendation, and the use of the Website or Services does not create any advisor-client relationship between you and Arcadia Finance. You are solely responsible for making your own investment decisions and conducting your own research.
7. No Offer of Securities or Virtual Assets
The Arcadia Finance Platform and Services, including any information and materials available, are not an offer of securities or Virtual Assets. The Arcadia Finance Platform and Services are not a solicitation for investment in or purchase of securities or Virtual Assets in any jurisdiction. The information provided on the Arcadia Finance services is not a prospectus or offer document of any type. Arcadia Finance does not provide any opinion or advice on purchasing, selling, or transacting with Virtual Assets. Please consult your legal or financial advisor before making any decision and always do your own research.
You acknowledge and agree that Arcadia Finance does not issue securities or any other assets, nor does it act as a broker or intermediary for securities or asset trades.
It is your responsibility to comply with all applicable local, national, and international laws related to securities or other asset trades when using the Arcadia Finance Platform or any smart-contract system. Arcadia Finance is not responsible for any legal consequences that may arise from your use of the Arcadia Finance Platform. Please consult your legal or financial advisor before making any decision, and always do your own research.
8. User Representations and Warranties
When accessing and using the Arcadia Finance platform, you represent and warrant that:
- You have a sufficient understanding of Virtual Assets and related technologies, including Digital Wallets, blockchain-based software, and decentralised exchanges.
- You are using the platform for commercial purposes and not as a consumer.
- You have valid ownership or authorization to use any Digital Wallet associated with your account.
- Any funds or Virtual Assets used in transactions are obtained through legitimate means.
- You are not subject to any country-wide or territory-wide sanctions or resident in a sanctioned country or territory.
- You are solely responsible for all transactions involving Virtual Assets through the platform.
- If acting on behalf of an entity, the entity is legally incorporated, registered, and in good standing in its jurisdiction of establishment.
- Accessing and using the platform is lawful and compliant with applicable laws in your jurisdiction and other relevant jurisdictions.
- You will comply with applicable tax obligations related to your transactions.
- You understand and accept the risks associated with Virtual Assets, and will seek professional advice before making any decisions.
- You will not rely solely on the information provided on the platform and will conduct your own research and analysis.
- Your use of Third-Party Content will be evaluated and verified by you before use.
- All of the above representations and warranties are true, accurate, and complete at the time of acceptance and throughout your use of the platform.
9. Prohibited use
The following are prohibited activities that you agree not to conduct or engage in while accessing or using the Platform:
- You are prohibited from disrupting, inhibiting, or interfering with other users' use of the Platform or engaging in activities that could potentially harm or impair the functioning of the Platform or servers or underlying software.
- Posting, uploading, or submitting illegal, infringing, harmful, offensive, or inappropriate content is strictly prohibited. Whether the content is appropriate or not is at Arcadia's sole discretion.
- You are prohibited from using the Platform or underlying software for illegal purposes such as terrorism financing, money laundering, or tax evasion.
- Attempting to circumvent any access or functionality restrictions or limitations of the Platform or underlying software, using malware, harmful code or software, hacker attacks, technical malfunction, error, delay, or security breach is prohibited.
- Using the Platform or related information in any way that is harmful or detrimental to Arcadia Finance, its affiliates, the Platform, or the Platform's users is prohibited.
- Activities aimed at manipulating the market or Virtual Asset prices, spoofing, fictitious or wash trading are prohibited.
- Violating the rights of any third person, including trademark or intellectual property rights, is prohibited.
- Engaging in fraudulent activities, providing false, inaccurate, or misleading information to unlawfully obtain Virtual Assets or property of other users or third persons is prohibited.
- Copying, reproducing, or cloning the Platform, duplicating its essential elements, or creating derivative works based on the Platform or its elements without our prior written consent is prohibited.
- Any other unlawful activities or activities that violate any applicable regulations, rules, orders, etc., are prohibited.
Arcadia Finance shall not be held liable for any prohibited use of the website by any user. In the event that any legal action is taken against Arcadia Finance as a result of a user's prohibited use of the website, Arcadia Finance shall not be held liable and the user shall indemnify and hold Arcadia Finance and its affiliates, officers, directors, employees, agents, suppliers, or licensors harmless from any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable legal fees, arising from or in connection with such prohibited use. Arcadia Finance also reserves the right to recover any legal fees arising out of any prohibited use on the account of the user performing such prohibited use.
10. Loss of funds
In the event of a smart contract exploit or any similar event with negative impact on Arcadia, you or any other user though the permitted usage and conduct on the Platform, Arcadia Finance and its affiliates, officers, directors, employees, agents, suppliers, or licensors shall not be liable in any form, in no event, to the maximum extent permitted by law. Users acknowledge that smart contracts are designed to execute automatically, and Arcadia Finance has no control over their execution. Users agree that they assume all risks associated with the use of smart contracts, including but not limited to the loss of tokens or other digital assets. Arcadia Finance shall not be responsible or liable in any way for any losses or damages that arise out of or in connection with any smart contract exploit or failure. Users are responsible for conducting their own due diligence before interacting with any smart contracts on the Platform.
11. DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND PLATFORM ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. YOU UNDERSTAND THAT YOUR USE OF THE WEBSITE AND PLATFORM IS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT MAY RESULT FROM YOUR USE OF THE WEBSITE AND PLATFORM.
ARCADIA FINANCE MAKES NO WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, OR THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT ARCADIA FINANCE DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE PLATFORM. YOU ACKNOWLEDGE THAT ARCADIA FINANCE HAS NO CONTROL OVER, AND SHALL NOT BE LIABLE FOR, ANY THIRD-PARTY CONTENT OR SOFTWARE THAT MAY BE AVAILABLE ON THE WEBSITE AND PLATFORM.
IN NO EVENT SHALL ARCADIA FINANCE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF FUNDS, PROFITS, GOODWILL, USE, DATA, REPUTATION OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE WEBSITE AND PLATFORM; (II) ANY CHANGES MADE TO THE WEBSITE AND PLATFORM OR ANY TEMPORARY OR PERMANENT CESSATION OF THE WEBSITE AND PLATFORM; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE AND PLATFORM; OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE AND PLATFORM.
12. Third-Party Content
As a user of the Platform, you may come across Third-Party Content which could be generated from third-party sources and Third-Party Services, including exchange rates, smartcontract transaction execution data, blockchain transactions, balances, rates, and other information. It is to be noted that Arcadia does not guarantee or endorse Third-Party Content in any way and shall not be held responsible or liable for any such content. You are using or relying on Third-Party Content at your own risk, and Arcadia shall not be responsible or held liable in connection with it. If you face any loss or damage of any kind by accessing or using Third-Party Content, Arcadia shall not be held responsible or liable in connection therewith.
13. User Generated Content
You may be allowed to create or provide User Generated Content through the Platform. When creating or providing such content, you must make sure that it is accurate, complete, and up-to-date and does not violate any laws or any third-party rights. You acknowledge and warrant that you are the owner of all intellectual property rights in and to the content or have the right to use the content in such a manner and that such content does not violate any rights of third parties or any laws. You will be solely responsible for your User Generated Content.
We do not have an obligation to review, post or keep confidential any User Generated Content. We reserve the right to remove any User Generated Content without any prior notice or liability, in our sole discretion, if we determine that such content is offensive, unacceptable, may harm us, violates these Terms, any laws, or public order.
By creating or providing User Generated Content on the Platform, you grant Arcadia Finance a worldwide, irrevocable, royalty-free, perpetual, fully paid-up, non-exclusive license to use, edit, copy, reproduce, translate, distribute, publicly display and perform, create derivative works based on your User Generated Content, and the right to assign these rights to third parties in whole or in part.
Any comments, suggestions, recommendations or other feedback provided by you in connection with or relating to the Platform, our other products and services (regardless of whether such feedback was provided through the Platform or otherwise on the Internet), may be used, reproduced, disclosed, made publicly available and otherwise exploited by Arcadia throughout the world at its sole discretion, without any restrictions or obligations to you.
14. Limitation of Liability
Arcadia Finance and its affiliates, employees, agents, and representatives will not be liable for any direct or indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Website or Services, including, without limitation, damages for lost profits, loss of data, business interruption, or any other commercial or personal damages or losses.
In no event shall Arcadia Finance, its affiliates, officers, directors, representatives, employees, agents, suppliers, or licensors be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Platform, whether or not Arcadia Finance has been advised of the possibility of such damages. You agree to waive any and all claims against Arcadia Finance, its affiliates, officers, directors, representatives, employees, agents, suppliers, and licensors for any damages, losses, or injuries arising out of or in connection with your use of the Platform.
You agree to indemnify and hold Arcadia Finance and its affiliates, officers, directors, representatives, employees, agents, suppliers, or licensors harmless from any and all claims, demands, damages, or other losses, including reasonable attorneys' fees, arising out of or in connection with your use of the Platform, your breach of these Terms, or your violation of any law or the rights of a third party.
16. Waiver of Liability and Release
You waive and release any and all claims, demands, and causes of action that you may have against Arcadia Finance, its affiliates, officers, directors, representatives, employees, agents, suppliers, or licensors, arising out of or in connection with your use of the Platform.
17. Choice of Law and Arbitration
These Terms will be governed by and construed in accordance with the laws of the Republic of Panama, without giving effect to its conflict of laws provisions. Any dispute arising out of or relating to these Terms, the Website, or Services will be resolved exclusively by arbitration in accordance with the rules of the Panama Arbitration Law. The arbitration will take place in the Republic of Panama.
18. Modification of Terms
Arcadia Finance reserves the right to modify these Terms at any time. Any changes to these Terms will be posted on the Website, and your continued use of the Website or Services after any such changes have been posted will constitute your acceptance of the modified Terms.
Arcadia Finance may terminate your access to the Website or Services at any time, for any reason or no reason, without notice to you. Upon termination, these Terms will continue to apply to your past use of the Website and Services.
20. Entire Agreement
These Terms constitute the entire agreement between you and Arcadia Finance with respect to your use of the Website and Services and supersede all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and Arcadia Finance.
21. Waiver and Severability
Any failure by Arcadia Finance to enforce any provision of these Terms will not be considered a waiver of that provision. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
In the event that any two or more sections of these Terms and Conditions are conflicting or may be interpreted in different ways, the interpretation that leads to the least amount of liability for Arcadia Finance shall be considered the leading interpretation. In such cases, any other provisions that are not affected by the conflict or ambiguity shall remain in full force and effect.
22. Contact Information
If you have any questions about these Terms or the Website or Services, you may contact Arcadia Finance at email@example.com.
23. No Warranty of Availability or Error-Free Operation
Arcadia Finance does not warrant that the Website or Services will be available at all times or error-free. Arcadia Finance may need to suspend access to the Website or Services from time to time for maintenance or other reasons.
24. No Liability for Technical Problems
Arcadia Finance is not responsible for any technical problems or malfunctions of any digital network, blockchain based system, computer online systems, servers, providers, computer equipment, or software, or for any failure on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any computer or device related to or resulting from using or downloading materials in connection with the Website or Services.
25. No Liability for User Conduct
Arcadia Finance is not responsible for any conduct of any user of the Website or Services. Arcadia Finance does not control or endorse any user-generated content and disclaims any liability in connection with user-generated content.
26. No Liability for Lost Data or Corruption of Files
Arcadia Finance is not responsible for any lost data or corruption of files resulting from your use of the Website or Services. You are solely responsible for backing up your own data and files.
27. Waiver of Class Action Rights
To the fullest extent permitted by law, you waive any right you may have to participate in any class, group, or representative proceeding, and agree that any dispute will be resolved solely on an individual basis and not in a class or representative action.
28. No Warranty of Accuracy or Completeness of Information
Arcadia Finance does not warrant the accuracy or completeness of any information on the Website or provided through the Services. Arcadia Finance is not responsible for any errors or omissions in any information or content, or for any loss or damage of any kind incurred as a result of the use of any information or content on the Website or through the Services.
29. No Agency Relationship
These Terms do not create any agency, partnership, joint venture, or employment relationship between you and Arcadia Finance.
Arcadia Finance may assign these Terms, in whole or in part, at any time without notice to you. You may not assign these Terms or transfer any rights to use the Website or Services without the prior written consent of Arcadia Finance.
The headings used in these Terms are for convenience only and shall not affect the interpretation of these Terms.
The provisions of Sections 3, 5, 6, 7, 9, 10, 11, 13, 16, 18, 19, 20, 21, 22, 24, 25, 26, 27, 28, 29, 30, and 31 shall survive the termination of these Terms.
By using the Website or Services, you acknowledge that you have read these Terms, understand them, and agree to be bound by them. If you do not agree to these Terms, do not fully understand them or did not have the opportunity to persue legal advice before accepting to the Terms, you may not use the Website or Services.