This site requires Javascript to be enabled.

Terms of Use

Effective June 20, 2023

1. ACCEPTANCE

Your access, browsing, and use of Archway.io (the “Archway Website”) are subject to the following terms and conditions (“Terms of Use”). By using the Archway Website, you are fully accepting these terms, conditions, and disclaimers contained herein and in Archway Privacy Policy and agree to be bound by them. In addition, your use of this Archway Website is subject to all applicable laws and regulations. IF YOU DO NOT AGREE TO THESE WEBSITE TERMS OF USE, YOU MAY NOT USE THE ARCHWAY WEBSITE. References to “You” or “Your” shall mean the individual users of the Archway Website/Services depending on the context in which those terms are used.

NOTICE: These Terms of Use 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 Use.

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.

2. SERVICES

References to “Services” in these Terms of Use refer to your access to and use of our online materials and any interactions you may have with the functionality of the Archway Website.

  • ACCESS AND USE OF THE SERVICES

    As a condition to accessing or using the Archway Website, you represent and warrant to Archway the following: (i) you are of legal age in the jurisdiction in which you reside and you have the legal capacity to enter into this Terms of Use and be bound by them and are using the Services for your own account; (ii) you are not in a Prohibited Jurisdiction identified in Annex 1; (iii) you are not on any sanctions list or equivalent maintained by the United States or other government (collectively, “Excluded Persons”) and you do not intend to transact with any Excluded Person; (iv) 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 Website; and (v) your access and use of Archway Website is not prohibited by and violate applicable law and you will not access or use the Service to conduct, promote, or otherwise facilitate any illegal activity.

3. INFORMATION ON THIS ARCHWAY SERVICES

The contents of the Archway Website are the sole and exclusive property of Archway, protected by law, including, but not limited to United States copyright law and international treaties. The material and functionality provided herein are used for information and convenience purposes only and do not constitute advice, recommendations, or counsel. The contents should not be relied upon in any way other than for informational purposes. The contents are subject to change without notice to You. Archway makes no representation that the materials on this Archway Website are accurate, appropriate, or available for use in all locations. You should seek advice from the appropriate professional prior to making any decisions based on the information contained herein.

4. USE RESTRICTIONS

The copyright in all material provided on this Archway Website is held by Archway or by the original creator of the material together with Archway. 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. Any unauthorized use of any material contained on this Archway Website may violate laws of the United States and other territories, including without limitation copyright laws, trademark laws, the laws of privacy or publicity, and communications regulations and statutes.

5. TRADEMARKS

The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this Archway Website are the Trademarks of Archway and others. Nothing on this Archway Website should be construed as granting, by implications, estoppels, or otherwise, any license or right to use any Trademark displayed on the Archway 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 Website unless the establishment of such a link is approved in advance by Archway in writing.

6. LINKS

If this Archway Website includes hypertext links to World Wide Web sites controlled or hosted by third parties, Archway is not responsible for and does not endorse, the contents of such websites.

7. DISCLAIMER OF WARRANTIES

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, ALL CONTENT, INFORMATION, SERVICES, AND TOOLS ON THE ARCHWAY WEBSITE ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. USE OF THIS SERVICE IS SOLELY AT YOUR OWN RISK. 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,

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.

8. 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 THIS Terms of Use, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE AMOUNT COLLECTED UNDER THIS Terms of Use OR FIVE HUNDRED DOLLARS ($500 USD)

  • 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.

  • GOVERNING LAW AND JURISDICTION

    Any dispute arising under or related to this Terms of Use (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 this Terms of Use, 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.

9. TERMS OF USE REVISIONS

Archway may at any time revise this Terms of Use by updating this posting. By continuing to use Archway Website you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current version of this Terms of Use to which you are bound.

10. CONTACT US

Please contact us at [email protected] to report any violations or ask any questions about this Terms of Use or the Archway Website Services or contact us at the following address:

Archway Services Ltd.
Floor 4, Banco Popular Building, Road Town, Tortola
British Virgin Islands, VG1110

ANNEX 1

Prohibited Jurisdictions

  • Democratic People's Republic of Korea
  • the Crimea, Donetsk and Luhansk regions of Ukraine
  • Cuba
  • Iran
  • Syria
  • Afghanistan
  • Iraq
  • Sudan
  • United States of America (including its territories)
  • Morocco
  • Egypt
  • China
  • Bangladesh
  • Nepal