Website Terms of Use
ARCBDS WEBSITE TERMS OF USE
Document No.: 5 of 14
Version: 1.0
Effective Date: [●]
Last Updated: [●]
IMPORTANT NOTICE
These Website Terms of Use govern access to and use of the official ARCBDS website, member portal, dashboards, applications and related digital interfaces.
By accessing or using the Website, you agree to these Terms.
If you do not agree with these Terms, you must not use the Website.
Certain functions, including participation in the ARCBDS Founding Circle, may be governed by additional agreements and policies.
Nothing on the Website should be interpreted as a guarantee of profit, investment return, liquidity, token value, exchange listing, capital preservation or Protection Reserve settlement.
ARCBDS and digital assets involve substantial risk.
You should read the ARCBDS Risk Disclosure Statement before participating in any ARCBDS programme.
1. ABOUT THESE TERMS
1.1 These Website Terms of Use (“Terms”) govern your access to and use of:
a. www.arcbds.com;
b. any official ARCBDS subdomains;
c. any ARCBDS participant or member portal;
d. any official ARCBDS web application;
e. any mobile-accessible web interface;
f. any dashboard accessible through an ARCBDS Account;
g. any online participation interface operated by or on behalf of ARCBDS; and
h. any other website or digital interface expressly stated to be governed by these Terms,
collectively referred to as the “Website.”
1.2 These Terms apply whether you:
a. browse the Website without registering;
b. create an Account;
c. access educational information;
d. review ARCBDS materials;
e. participate in the Founding Circle;
f. access your ARCBDS allocation;
g. use ecosystem services; or
h. interact with other Website functions.
2. WEBSITE OPERATOR
The Website is operated by:
Legal Entity: [ARCB Investment LLC / confirmed ARCBDS operating entity]
Jurisdiction: Dubai, United Arab Emirates
Commercial Licence / Registration Number: [●]
Registered Address: [●]
Official Website: www.arcbds.com
General Contact: [●]
Legal Contact: [●]
Compliance Contact: [●]
For purposes of these Terms, the Website operator may be referred to as:
“ARCBDS”;
“Company”;
“we”;
“us”; or
“our.”
3. REGULATORY STATUS
3.1 The final regulatory status of the entity operating or issuing ARCBDS shall be stated accurately on the Website once confirmed.
3.2 The Website shall not represent ARCBDS, the Company or any ARCB-related entity as:
a. licensed;
b. authorised;
c. approved;
d. regulated;
e. endorsed; or
f. supervised
by any authority unless that statement is factually correct and legally permitted.
3.3 Where a regulatory licence, approval, authorisation or registration applies, the Website may display:
Regulator: [●]
Licensed / Authorised Entity: [●]
Licence / Authorisation Number: [●]
Approved Activities: [●]
Restrictions: [●]
3.4 Any regulatory disclosure must be interpreted according to the actual scope of the relevant licence or approval.
3.5 Regulatory status does not constitute an endorsement, recommendation or guarantee of ARCBDS or any Participant outcome.
4. ACCEPTANCE OF THESE TERMS
4.1 By accessing or using the Website, you acknowledge that you have read, understood and agree to these Terms.
4.2 Where legally required, you may be asked to expressly accept these Terms through:
a. a checkbox;
b. an electronic signature;
c. an OTP;
d. a confirmation button; or
e. another electronic acceptance method.
4.3 Your use of specific services may require acceptance of additional documents.
4.4 If you are using the Website on behalf of a company or other legal entity, you confirm that:
a. you have authority to bind that entity; and
b. that entity agrees to these Terms.
5. ADDITIONAL TERMS
Certain activities are governed by separate documents, including:
ARCBDS Founding Circle Participation Agreement;
ARCBDS Founding Circle Terms & Conditions;
ARCBDS Risk Disclosure Statement;
ARCBDS Participant Protection Reserve Terms;
these Website Terms of Use;
ARCBDS Privacy Policy;
ARCBDS Cookie Policy;
ARCBDS KYC, AML & Sanctions Policy;
ARCBDS Payment, Allocation & Blockchain Transaction Policy;
ARCBDS Cancellation & Refund Policy;
ARCBDS Eligibility & Restricted Jurisdiction Policy;
ARCBDS Electronic Communications & E-Sign Consent;
ARCBDS Legal & Marketing Disclaimer; and
ARCBDS Referral & Rewards Terms.
Where a specific service is governed by a more specific agreement, that agreement shall apply to that service.
6. ELIGIBILITY TO USE THE WEBSITE
6.1 General informational areas of the Website may be accessible to the public.
6.2 Certain services may be available only to eligible users.
6.3 You must not use restricted Website functions if:
a. you are legally prohibited from doing so;
b. you are located in a Restricted Jurisdiction;
c. you are subject to applicable sanctions;
d. you fail applicable KYC/KYB requirements;
e. you do not satisfy minimum age requirements; or
f. your access has been suspended or terminated.
6.4 Access to informational content does not mean that ARCBDS participation is legally available in your jurisdiction.
7. AGE REQUIREMENT
7.1 You must be at least eighteen (18) years old to create an Account or participate in ARCBDS programmes, unless a higher minimum age is required by Applicable Law.
7.2 The Website is not intended to facilitate digital-asset participation by minors.
7.3 We may request age or identity verification.
8. RESTRICTED JURISDICTIONS
8.1 Certain Website functions may not be available in all countries.
8.2 We may use:
a. IP location;
b. device information;
c. declared residence;
d. KYC information;
e. geolocation controls;
f. geo-blocking; or
g. other compliance measures
to restrict access where required.
8.3 You must not use:
a. VPNs;
b. proxies;
c. false addresses;
d. false residency declarations; or
e. other methods
to intentionally circumvent legal geographic restrictions.
8.4 Restricted jurisdictions shall be governed by the ARCBDS Eligibility & Restricted Jurisdiction Policy.
9. WEBSITE PURPOSE
The Website may provide information and functions concerning:
a. ARCB Digital Share;
b. ARCBDS;
c. The Bridge;
d. the ARCBDS ecosystem;
e. Founding Circle participation;
f. real-world business ecosystem development;
g. ARCBDS allocation information;
h. ecosystem features;
i. participant dashboards;
j. educational materials;
k. project announcements;
l. partner information;
m. risk disclosures;
n. legal documentation;
o. community resources; and
p. future ARCBDS services.
10. NO AUTOMATIC OFFER OR SOLICITATION
10.1 Unless expressly stated in legally approved documentation, general Website information does not by itself constitute:
a. an offer to sell securities;
b. an offer to provide regulated financial services;
c. personal investment advice;
d. a recommendation;
e. an invitation to participate where participation is unlawful;
f. a guaranteed allocation; or
g. an agreement to accept a Participant.
10.2 Where the Website contains an actual participation facility, that participation remains subject to:
a. eligibility;
b. KYC/KYB;
c. AML requirements;
d. sanctions screening;
e. availability;
f. Applicable Law;
g. relevant agreements; and
h. final acceptance.
11. NO INVESTMENT, FINANCIAL, LEGAL OR TAX ADVICE
11.1 Website content is provided for general informational purposes unless expressly stated otherwise.
11.2 Nothing on the Website constitutes personalised:
a. investment advice;
b. financial advice;
c. legal advice;
d. tax advice;
e. accounting advice; or
f. portfolio advice.
11.3 You should obtain independent professional advice where appropriate.
11.4 ARCBDS does not determine whether participation is suitable for your financial circumstances unless expressly required and legally authorised to conduct such an assessment.
12. DIGITAL-ASSET RISK
12.1 ARCBDS is subject to significant risk.
12.2 Its value may:
a. increase;
b. decrease;
c. fluctuate substantially; or
d. fall to zero.
12.3 You may be unable to sell ARCBDS.
12.4 Exchange listing is not guaranteed.
12.5 Liquidity is not guaranteed.
12.6 Past, projected or illustrative performance does not guarantee future results.
12.7 You must review the ARCBDS Risk Disclosure Statement before participating.
13. ARCBDS FOUNDING CIRCLE
13.1 Information concerning the Founding Circle may be displayed on the Website.
13.2 A prospective Participant does not acquire Founding Circle rights merely by:
a. visiting the Website;
b. registering an Account;
c. submitting information;
d. completing KYC;
e. selecting a participation package; or
f. initiating a transaction.
13.3 Founding Circle participation becomes effective only according to the ARCBDS Founding Circle Participation Agreement and applicable Participation Confirmation.
14. ARCBDS ALLOCATION INFORMATION
14.1 The Website may display information including:
a. allocation price;
b. base ARCBDS;
c. Alignment Reward;
d. total entitlement;
e. Released ARCBDS;
f. Unreleased ARCBDS;
g. Cliff;
h. release schedule; and
i. transaction history.
14.2 Dashboard information should generally reflect official system records.
14.3 Temporary display discrepancies may arise because of:
a. blockchain confirmation timing;
b. rounding;
c. network delays;
d. caching;
e. maintenance;
f. data synchronization; or
g. technical errors.
14.4 Manifest errors may be corrected.
15. PARTICIPANT PROTECTION RESERVE INFORMATION
15.1 The Website may contain information about the ARCBDS Participant Protection Reserve.
15.2 Website descriptions of the Protection Reserve must be read together with the ARCBDS Participant Protection Reserve Terms.
15.3 The Protection Reserve:
a. is not automatically insurance;
b. does not guarantee repayment of Contributions;
c. does not guarantee ARCBDS price;
d. does not guarantee liquidity;
e. does not create a guaranteed buyback right; and
f. is subject to eligibility, limits and available reserve assets.
15.4 Marketing summaries do not override the full Protection Reserve Terms.
16. CREATION OF AN ACCOUNT
16.1 Certain Website services may require an Account.
16.2 You must provide accurate information.
16.3 You must not:
a. impersonate another person;
b. create an Account using false identity information;
c. conceal beneficial ownership;
d. use another person's Account without authority; or
e. create multiple Accounts to bypass restrictions.
16.4 We may require Account verification.
17. ACCOUNT CREDENTIALS
17.1 You are responsible for maintaining the confidentiality of:
a. username;
b. password;
c. OTP codes;
d. authentication credentials; and
e. other security information.
17.2 You must not allow unauthorised persons to access your Account.
17.3 You must notify us promptly if you suspect Account compromise.
18. MULTI-FACTOR AUTHENTICATION
18.1 We may require multi-factor authentication for certain activities.
18.2 You are responsible for maintaining access to the device, email or authentication application associated with your Account.
18.3 Additional verification may be required before security details are changed.
19. ACCOUNT INFORMATION
You must promptly update information where there is a material change to:
a. legal name;
b. address;
c. email;
d. telephone number;
e. nationality;
f. tax residency;
g. beneficial ownership;
h. authorised representative; or
i. other information required for compliance purposes.
20. KYC, KYB, AML AND SANCTIONS
20.1 Access to certain services may require:
a. KYC;
b. KYB;
c. sanctions screening;
d. AML screening;
e. source-of-funds review;
f. source-of-wealth review; or
g. blockchain analysis.
20.2 We may restrict an Account pending completion of required checks.
20.3 We may request updated information from time to time.
20.4 Compliance requirements are governed further by the ARCBDS KYC, AML & Sanctions Policy.
21. WALLET INFORMATION
21.1 Certain Website functions may require a digital wallet.
21.2 You are responsible for verifying:
a. wallet address;
b. blockchain network;
c. wallet compatibility;
d. ownership; and
e. security.
21.3 Where a wallet is non-custodial, you are solely responsible for the private keys.
21.4 ARCBDS staff should never request your seed phrase or private key.
22. BLOCKCHAIN TRANSACTIONS
22.1 Blockchain transactions may be irreversible.
22.2 You are responsible for verifying transaction information before authorisation.
22.3 Transactions may experience:
a. congestion;
b. delayed confirmation;
c. increased network fees;
d. blockchain reorganisations;
e. smart-contract issues; or
f. other technical disruptions.
22.4 Additional rules are contained in the ARCBDS Payment, Allocation & Blockchain Transaction Policy.
23. WEBSITE LICENCE
23.1 Subject to these Terms, ARCBDS grants you a limited, revocable, non-exclusive, non-transferable licence to access and use the Website for lawful personal or authorised business purposes.
23.2 This licence does not transfer ownership of any intellectual property.
23.3 The licence ends when your right to use the Website ends.
24. INTELLECTUAL PROPERTY
24.1 Unless otherwise stated, all rights in the Website and its content belong to the Company or applicable rights holders.
24.2 Protected materials may include:
a. ARCBDS;
b. ARCB Digital Share;
c. The Bridge;
d. names;
e. logos;
f. trademarks;
g. graphics;
h. designs;
i. website layouts;
j. software;
k. source code;
l. databases;
m. whitepapers;
n. documents;
o. videos;
p. photographs;
q. illustrations;
r. animations;
s. audio;
t. text;
u. token graphics;
v. commercial materials; and
w. other intellectual property.
24.3 No licence is granted except as expressly provided.
25. PERMITTED USE OF CONTENT
You may:
a. view Website content;
b. download documents expressly made available for download;
c. share official public links;
d. print reasonable quantities for personal reference; and
e. use officially provided marketing material in accordance with applicable brand and marketing rules.
You must retain all copyright and legal notices.
26. PROHIBITED USE OF CONTENT
Without prior written permission, you must not:
a. reproduce substantial Website content commercially;
b. modify ARCBDS branding;
c. create misleading derivative materials;
d. falsely imply endorsement;
e. sell Website content;
f. sublicense Website content;
g. use ARCBDS intellectual property to operate an unauthorised business;
h. register confusingly similar trademarks or domains;
i. impersonate ARCBDS; or
j. use Website content in unlawful advertising.
27. ACCEPTABLE USE
You may use the Website only for lawful purposes.
You must not:
a. violate Applicable Law;
b. commit fraud;
c. launder money;
d. evade sanctions;
e. finance unlawful activity;
f. impersonate another person;
g. provide false information;
h. manipulate allocations;
i. abuse referral systems;
j. compromise Account security;
k. interfere with the Website;
l. attack Website infrastructure;
m. attempt unauthorised access;
n. distribute malware;
o. harvest personal information unlawfully;
p. use automated systems in breach of these Terms;
q. conduct market manipulation;
r. submit fraudulent Protection Reserve claims;
s. infringe intellectual property; or
t. encourage another person to do any of these things.
28. AUTOMATED ACCESS AND SCRAPING
28.1 Except where expressly authorised, you must not use:
a. bots;
b. crawlers;
c. scraping tools;
d. automated extraction software;
e. data-mining tools;
f. automated registration tools; or
g. automated transaction systems
to access or extract information from restricted Website areas.
28.2 Ordinary indexing by legitimate public search engines may be permitted subject to Website technical controls.
28.3 We may block automated traffic that creates security, performance or intellectual-property concerns.
29. SECURITY TESTING
You must not:
a. conduct penetration testing;
b. vulnerability scanning;
c. exploit testing;
d. password attacks;
e. API abuse; or
f. other security testing
without written authorisation.
Responsible vulnerability reports should be submitted to:
Security Contact: [●]
30. FRAUDULENT WEBSITES AND IMPERSONATION
30.1 Third parties may create fake ARCBDS websites, social-media accounts or payment instructions.
30.2 You should verify that you are using official ARCBDS channels.
30.3 We are not responsible for losses arising from third-party impersonation where the loss did not result from our legally attributable act or omission.
30.4 Suspected scams should be reported to:
Security / Fraud Email: [●]
31. USER SUBMISSIONS
If you send us:
a. feedback;
b. enquiries;
c. suggestions;
d. documents;
e. complaints;
f. business proposals; or
g. other information,
you confirm that:
you have the right to provide it;
it is not knowingly false or unlawful; and
its processing is permitted under Applicable Law.
32. FEEDBACK
32.1 Where you voluntarily provide general ideas or suggestions concerning Website improvements, we may use such feedback without obligation to compensate you, unless otherwise agreed in writing.
32.2 This clause does not transfer ownership of confidential materials expressly submitted under a separate confidentiality agreement.
33. THIRD-PARTY LINKS
33.1 The Website may contain links to:
a. exchanges;
b. wallet providers;
c. business partners;
d. social-media platforms;
e. blockchain explorers;
f. KYC providers;
g. news sources;
h. service providers; or
i. other third-party websites.
33.2 A link does not automatically mean that ARCBDS:
a. controls the third party;
b. guarantees the third party;
c. endorses all third-party content;
d. assumes responsibility for the third party; or
e. guarantees the third party's security.
33.3 Third-party services may have their own terms and privacy policies.
34. THIRD-PARTY SERVICES
34.1 Certain Website features may rely on third parties.
34.2 Such services may include:
a. identity verification;
b. wallet connectivity;
c. blockchain infrastructure;
d. cloud hosting;
e. payment infrastructure;
f. analytics;
g. email services;
h. customer support; and
i. cybersecurity services.
34.3 Service interruption by a third party may affect Website availability.
35. BUSINESS PARTNERS
35.1 The Website may identify companies participating in or associated with the ARCBDS ecosystem.
35.2 Display of a company logo does not automatically mean:
a. ARCBDS owns that company;
b. the company owns ARCBDS;
c. the company guarantees ARCBDS;
d. the company guarantees Participant returns;
e. Participants own that company; or
f. the company assumes ARCBDS obligations.
35.3 The specific nature of each relationship must be determined from applicable official documentation.
36. MEDIA AND NEWS CONTENT
36.1 The Website may provide:
a. news;
b. press releases;
c. market commentary;
d. ecosystem updates;
e. interviews;
f. educational articles; and
g. external media references.
36.2 Such content may become outdated.
36.3 Media coverage does not constitute an independent guarantee of any claim concerning ARCBDS.
37. MARKET DATA
37.1 The Website may display market prices or other market data.
37.2 Such information may be obtained from third parties.
37.3 Market data may:
a. be delayed;
b. differ between exchanges;
c. contain errors;
d. experience outages; or
e. reflect illiquid markets.
37.4 Displayed market information should not be treated as guaranteed executable pricing.
38. FORWARD-LOOKING INFORMATION
38.1 Website materials may include statements about:
a. future development;
b. planned products;
c. anticipated partnerships;
d. business expansion;
e. exchange plans;
f. ecosystem adoption;
g. technology;
h. token functionality; or
i. future opportunities.
38.2 Forward-looking statements involve uncertainty.
38.3 Actual events may differ materially.
38.4 Such statements are not guarantees.
39. PROJECTIONS AND ILLUSTRATIONS
39.1 Any:
a. calculation;
b. hypothetical example;
c. scenario;
d. projection;
e. chart;
f. estimated outcome; or
g. illustration
is for explanatory purposes unless expressly stated otherwise.
39.2 Illustrations do not guarantee actual results.
40. NO GUARANTEE OF ACCURACY
40.1 We aim to keep Website information accurate and current.
40.2 However, the Website may contain:
a. typographical errors;
b. technical errors;
c. outdated information;
d. temporary inconsistencies;
e. incomplete information; or
f. third-party data errors.
40.3 We may correct errors without prior notice.
40.4 Where Website content conflicts with a legally binding agreement, the applicable contractual document shall prevail according to its document hierarchy.
41. WEBSITE AVAILABILITY
41.1 We do not guarantee uninterrupted Website availability.
41.2 The Website may be temporarily unavailable because of:
a. scheduled maintenance;
b. emergency maintenance;
c. cyber incidents;
d. blockchain issues;
e. cloud infrastructure failure;
f. telecommunications failure;
g. software updates;
h. third-party outages;
i. regulatory requirements; or
j. force majeure.
41.3 We may modify Website functionality from time to time.
42. MAINTENANCE
42.1 We may perform maintenance without prior notice where necessary.
42.2 Where reasonably practical, planned material maintenance may be communicated in advance.
42.3 Temporary maintenance does not create a right to compensation unless Applicable Law provides otherwise.
43. WEBSITE CHANGES
We may:
a. redesign the Website;
b. add features;
c. remove features;
d. modify content;
e. change technical infrastructure;
f. change supported browsers;
g. modify access requirements; or
h. discontinue Website areas.
Changes shall not override accrued contractual rights under separate legally binding agreements.
44. SUSPENSION OF ACCESS
We may suspend access where reasonably necessary because of:
a. suspected fraud;
b. sanctions;
c. AML concerns;
d. Account compromise;
e. security threats;
f. breach of these Terms;
g. regulatory requirements;
h. court order;
i. system abuse;
j. false identity information; or
k. technical risks.
45. TERMINATION OF ACCESS
45.1 We may terminate your Website Account where permitted under applicable contractual terms and Applicable Law.
45.2 Termination of Website access does not automatically determine ownership or treatment of ARCBDS already lawfully allocated.
45.3 The treatment of an existing participation shall be governed by the applicable Participation Agreement and policies.
46. PRIVACY
46.1 Use of the Website may involve processing personal information.
46.2 Personal information shall be handled according to the ARCBDS Privacy Policy.
46.3 Personal information may be processed for purposes including:
a. Account administration;
b. KYC/KYB;
c. compliance;
d. transaction processing;
e. fraud prevention;
f. security;
g. customer support;
h. analytics;
i. legal compliance; and
j. communications.
47. COOKIES
47.1 The Website may use cookies and similar technologies.
47.2 Such technologies may include:
a. strictly necessary cookies;
b. security cookies;
c. preference cookies;
d. analytics cookies;
e. functional technologies; and
f. marketing technologies where legally permitted.
47.3 Further information is provided in the ARCBDS Cookie Policy.
48. MARKETING COMMUNICATIONS
48.1 Marketing consent shall be obtained where required by Applicable Law.
48.2 Creating an Account does not automatically mean that a user must consent to optional marketing.
48.3 Users may unsubscribe from optional marketing using the methods provided.
48.4 Essential contractual, legal, security or Account communications may still be sent where necessary.
49. ELECTRONIC COMMUNICATIONS
49.1 You agree that we may communicate electronically where legally permitted.
49.2 Electronic communications may include:
a. email;
b. Account notifications;
c. dashboard messages;
d. SMS;
e. OTP;
f. electronic documents; and
g. Website notices.
49.3 Electronic communication is governed further by the ARCBDS Electronic Communications & E-Sign Consent.
50. NO WARRANTIES
To the maximum extent permitted by Applicable Law, the Website is provided on an “as available” and “as is” basis.
We do not warrant that:
a. the Website will always be available;
b. all information will always be error-free;
c. the Website will meet every user's individual requirements;
d. every technical defect will be corrected immediately;
e. the Website will be immune from cyberattack;
f. third-party services will remain operational; or
g. every device or browser will be compatible.
Nothing in this section excludes a legally mandatory warranty.
51. NO GUARANTEE OF ECONOMIC OUTCOME
We do not guarantee that use of the Website or participation in ARCBDS will result in:
a. profit;
b. return;
c. token appreciation;
d. exchange listing;
e. liquidity;
f. capital preservation;
g. business income;
h. rewards;
i. successful Protection Reserve Claim; or
j. any other particular economic outcome.
52. LIMITATION OF LIABILITY
52.1 To the maximum extent permitted by Applicable Law, the Company and its officers, directors, employees and authorised service providers shall not be liable for indirect, incidental, special, punitive or consequential loss arising solely from Website use.
52.2 This may include loss caused solely by:
a. third-party Website failure;
b. unsupported devices;
c. internet interruption;
d. blockchain interruption;
e. ordinary market movements;
f. user credential compromise;
g. incorrect wallet information supplied by the user;
h. unauthorised third-party impersonation not legally attributable to us; or
i. misuse of the Website.
52.3 Nothing in these Terms excludes or limits liability for:
a. fraud;
b. fraudulent misrepresentation;
c. wilful misconduct;
d. legally non-excludable gross negligence;
e. breach of mandatory legal duty; or
f. any liability that cannot lawfully be excluded.
53. YOUR RESPONSIBILITY FOR DECISIONS
You remain responsible for:
a. deciding whether to use the Website;
b. reviewing applicable legal documents;
c. understanding ARCBDS risks;
d. securing your Account;
e. securing your wallet;
f. verifying transaction details;
g. understanding tax obligations;
h. complying with your local laws; and
i. seeking independent professional advice where appropriate.
54. INDEMNITY
To the extent permitted by Applicable Law, you agree to indemnify the Company against reasonable losses directly resulting from your:
a. intentional fraud;
b. unlawful use of the Website;
c. deliberate infringement of Company intellectual property;
d. sanctions violation attributable to you;
e. deliberate security attack;
f. material false representation; or
g. intentional breach of these Terms.
This indemnity does not apply to losses caused by the Company's own fraud, wilful misconduct or legally non-excludable fault.
55. CYBERSECURITY
55.1 We may implement security controls including:
a. encryption;
b. authentication;
c. access monitoring;
d. firewalls;
e. intrusion detection;
f. transaction monitoring;
g. session controls;
h. security alerts; and
i. other protective measures.
55.2 No system can be guaranteed completely secure.
55.3 Users should use reasonable cybersecurity practices.
56. USER SECURITY RESPONSIBILITIES
You should:
a. use a strong unique password;
b. enable MFA where available;
c. verify the Website domain;
d. avoid public-device access where possible;
e. protect email accounts;
f. verify wallet addresses;
g. avoid suspicious links;
h. never share private keys;
i. never share seed phrases; and
j. report suspicious activity promptly.
57. PHISHING WARNING
ARCBDS representatives should never ask you by unsolicited private message for:
a. seed phrases;
b. private keys;
c. full passwords;
d. remote access to your wallet; or
e. transfers to unofficial personal wallets.
Any such request should be treated as suspicious.
58. HYPERLINKING TO THE WEBSITE
58.1 You may generally link to publicly available ARCBDS pages provided that the link:
a. is accurate;
b. does not imply false endorsement;
c. does not misrepresent ARCBDS;
d. is not used in unlawful marketing; and
e. does not frame the Website in a misleading manner.
58.2 We may request removal of misleading or unlawful links.
59. DOMAIN AND BRAND IMPERSONATION
You must not register or operate:
a. confusingly similar domain names;
b. fake ARCBDS portals;
c. misleading social-media profiles;
d. impersonating applications;
e. fake support channels; or
f. deceptive payment pages.
We reserve all legal rights concerning such conduct.
60. FORCE MAJEURE
We shall not be responsible for failure or delay caused by circumstances beyond reasonable control, including:
a. natural disasters;
b. war;
c. terrorism;
d. civil unrest;
e. governmental action;
f. sanctions;
g. widespread internet failure;
h. power failure;
i. blockchain disruption;
j. major cyberattack;
k. third-party infrastructure failure;
l. banking disruption;
m. stablecoin disruption; or
n. other comparable events,
subject to any liability that cannot legally be excluded.
61. CHANGES IN LAW
61.1 Laws relating to digital assets may change.
61.2 We may modify Website access or functionality to comply with:
a. legislation;
b. regulation;
c. licence conditions;
d. regulatory directives;
e. sanctions;
f. court orders; or
g. other binding legal requirements.
61.3 Changes may include:
a. jurisdiction restrictions;
b. additional KYC;
c. disabled Website functions;
d. restrictions on participation;
e. changes to payment methods;
f. restrictions on transfers; or
g. suspension of particular services.
62. CHANGES TO THESE TERMS
62.1 We may amend these Terms from time to time.
62.2 Changes may be made because of:
a. legal requirements;
b. regulatory developments;
c. security;
d. Website changes;
e. operational improvements;
f. clarification; or
g. ecosystem development.
62.3 The updated Terms shall show an updated “Last Updated” date.
62.4 Material changes may be communicated using:
a. Website notice;
b. email;
c. Account notification; or
d. another reasonable method.
62.5 Where express consent to amended Terms is legally required, it shall be obtained before the amended provision becomes binding on that user.
63. VERSION RECORDS
The Company should maintain records of Website Terms versions including:
a. version number;
b. publication date;
c. effective date;
d. material changes; and
e. acceptance records where applicable.
64. COMPLAINTS
Users may submit complaints concerning the Website through:
Support Email: [●]
Complaint Email: [●]
Online Portal: [●]
Postal Address: [●]
Complaints may be handled under the Company's applicable complaints procedure.
65. REGULATORY COMPLAINTS
Nothing in these Terms prevents a user from submitting a complaint to a competent regulator or authority where such right exists under Applicable Law.
66. GOVERNING LAW
These Terms shall be governed by:
[United Arab Emirates law as applicable in the Emirate of Dubai / final approved governing law]
subject to:
a. mandatory Applicable Law; and
b. final confirmation by legal counsel.
67. DISPUTE RESOLUTION
Any dispute concerning these Terms shall be resolved according to:
[Dubai Courts / agreed arbitration framework / final approved dispute mechanism]
as specified in the final legal version.
Nothing in this section removes rights that cannot lawfully be waived.
68. LIMITATION PERIODS
Any contractual limitation period shall apply only to the extent permitted by Applicable Law.
These Terms do not shorten mandatory statutory limitation periods where doing so would be unlawful.
69. ASSIGNMENT
69.1 You may not assign your rights under these Terms where such assignment would:
a. transfer your Account;
b. bypass KYC;
c. bypass jurisdiction restrictions; or
d. violate Applicable Law.
69.2 We may transfer operation of the Website to an affiliated or successor entity as part of:
a. restructuring;
b. merger;
c. acquisition;
d. regulatory restructuring; or
e. transfer of the ARCBDS business,
subject to Applicable Law and appropriate notice where required.
70. NO PARTNERSHIP OR AGENCY
Use of the Website does not create:
a. employment;
b. partnership;
c. agency;
d. joint venture;
e. fiduciary relationship; or
f. franchise relationship
between you and the Company.
71. THIRD-PARTY RIGHTS
Unless expressly provided otherwise, these Terms do not create enforceable rights for third parties.
72. SEVERABILITY
If any provision of these Terms is held invalid or unenforceable, it shall be modified or severed to the minimum extent necessary.
The remaining provisions shall continue in effect.
73. NO WAIVER
Failure to enforce a right immediately does not mean that the right is waived.
74. ENTIRE WEBSITE AGREEMENT
These Terms, together with documents expressly incorporated by reference, constitute the agreement governing your general use of the Website.
Separate participation agreements continue to govern their respective services.
75. DOCUMENT PRIORITY
Where a matter relates specifically to Founding Circle participation, the following shall generally take priority over these Website Terms:
Participant-specific Participation Confirmation;
ARCBDS Founding Circle Participation Agreement;
applicable ARCBDS Participant Protection Reserve Terms for Reserve matters;
ARCBDS Founding Circle Terms & Conditions; and
other specifically applicable participation policies.
These Website Terms primarily govern Website access and use.
76. SURVIVAL
Provisions concerning:
a. intellectual property;
b. liability;
c. indemnity;
d. dispute resolution;
e. privacy;
f. fraud;
g. security;
h. governing law; and
i. other provisions that by their nature should continue
may survive termination of Website access.
77. LANGUAGE
77.1 The controlling language of these Terms shall be English, to the extent permitted by Applicable Law.
77.2 Translations may be provided for convenience.
77.3 If a translation differs from the legally controlling English version, the English version shall prevail to the extent legally permitted.
78. ACCESSIBILITY OF LEGAL DOCUMENTS
Current versions of applicable legal documents should be made reasonably accessible through the Website.
Users should be able to review documents before entering a legally binding participation.
Material legal documents should identify:
a. title;
b. version;
c. effective date; and
d. last updated date.
79. CONTACT INFORMATION
For questions concerning these Website Terms:
ARCBDS
Official Website: www.arcbds.com
Legal Entity: [●]
Commercial Registration: [●]
Registered Address: [●]
General Support: [●]
Legal: [●]
Compliance: [●]
Privacy: [●]
Security: [●]
SCHEDULE 1
WEBSITE RISK NOTICE
The following risk warning should be displayed prominently at appropriate Website locations associated with ARCBDS participation:
RISK WARNING
ARCBDS is a digital asset and involves substantial risk. Its value may rise or fall, and you may lose some or all of the economic value associated with your participation. Liquidity and exchange listing are not guaranteed. The Participant Protection Reserve is subject to separate eligibility, limits and available reserve assets and does not constitute unconditional capital protection.
Users should review the full:
ARCBDS Risk Disclosure Statement
before participating.
SCHEDULE 2
WEBSITE PARTICIPATION DISCLAIMER
Where the Website displays Access, Growth or Legacy terms, it should make clear that:
Fixed Allocation Price
means the price used to calculate the applicable Founding Circle ARCBDS allocation and is not a guaranteed future market price.
Alignment Reward
means additional ARCBDS allocation and is not interest, yield or guaranteed return.
Participation Period
is subject to the applicable programme terms.
Cliff
restricts release where applicable.
Linear Daily Release
describes the applicable release mechanism and does not guarantee daily financial income.
Protection Reserve
is subject to separate Protection Reserve Terms and is not an unconditional guarantee.
SCHEDULE 3
ACCEPTABLE USE RULES
Website users must not:
create fraudulent Accounts;
circumvent KYC;
circumvent geographic restrictions;
manipulate referral structures;
conduct market manipulation;
submit false transactions;
submit false Protection Reserve Claims;
hack or attack the Platform;
distribute malware;
scrape restricted data;
impersonate ARCBDS;
misuse trademarks;
mislead other Participants;
make unauthorised guaranteed-return claims;
launder money;
evade sanctions;
violate intellectual-property rights;
misuse personal data;
interfere with Website operation; or
use the Website for unlawful purposes.
SCHEDULE 4
REGULATORY DISCLOSURE PANEL
Before publication, the following information must be completed accurately if legally applicable:
Website Operator: [●]
ARCBDS Issuer: [●]
Jurisdiction: [●]
Relevant Regulator: [●]
Licence / Approval Status: [●]
Licence / Approval Number: [●]
Authorised Activity: [●]
Material Restrictions: [●]
Responsible Officer / Compliance Contact where required: [●]
No field should contain an implied regulatory approval unless officially confirmed.
SCHEDULE 5
WEBSITE FOOTER LEGAL LINKS
The ARCBDS Website footer should provide persistent links to:
About ARCBDS
Founding Circle
Risk Disclosure
Terms of Use
Privacy Policy
Cookie Policy
Participation Terms
Protection Reserve Terms
KYC / AML Policy
Eligibility / Restricted Jurisdictions
Legal & Marketing Disclaimer
Contact
Where applicable:
Regulatory Status
Complaints
SCHEDULE 6
WEBSITE PARTICIPATION CHECKBOXES
Before a Founding Circle Participation is submitted, the Website should require appropriate affirmative acknowledgements including:
☐ I have read and agree to the ARCBDS Founding Circle Participation Agreement.
☐ I have read and agree to the ARCBDS Founding Circle Terms & Conditions.
☐ I have read and understood the ARCBDS Risk Disclosure Statement.
☐ I understand that ARCBDS may lose some or all of its market value.
☐ I understand that liquidity and exchange listing are not guaranteed.
☐ I understand that the Alignment Reward is an additional token allocation and not a guaranteed return.
☐ I understand that the Participant Protection Reserve is subject to separate eligibility, limits and available reserve assets and does not guarantee my Contribution.
☐ I confirm that the information I have provided is accurate.
☐ I agree to the ARCBDS Electronic Communications & E-Sign Consent.
Optional marketing consent should be obtained separately:
☐ I would like to receive ARCBDS news, updates and marketing communications.
FINAL WEBSITE NOTICE
Use of the Website does not eliminate the risks associated with digital assets.
ARCBDS may lose value.
ARCBDS may be illiquid.
Exchange listing is not guaranteed.
Alignment Rewards are not guaranteed financial returns.
Real-world business participation does not automatically guarantee ARCBDS value.
The Participant Protection Reserve is not unconditional capital protection.
Users should read the full legal documentation before participating.
END OF ARCBDS WEBSITE TERMS OF USE