PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY AFFECT YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW DISPUTES BETWEEN YOU AND ARIS ARE RESOLVED.
This is a User Agreement between you (also referred to herein as “You”, “User,” or “customer”) and ARIS. ("ARIS," “we,” “us,” and “our”).
This is a contract between You the individual, or the entity you are lawfully authorized to represent, and ARIS.
1.1. The “Terms” is defined collectively as all of the following:
1.2. You accept the Terms by clicking to accept the Terms where this option is made available to you by ARIS in the user interface.
1.3. We reserve the right to modify, amend or change any of the Terms from time to time without notice.
As a condition of downloading and using the Service You agree that you will:
3.1. Be a human being 18 years or older who has the legal capacity to enter a contract. Accounts registered by minors, "bots" or other automated methods are not permitted on the Service.
3.2. Provide a password, and all other device function access and information as requested.
3.3. Maintain the security of the device(s) you use to access the Services and your password.
3.4. Take full responsibility for all activity on your account.
3.5. Use the Service only for legal and authorized purposes and not use the Service in a way that violates any laws, regulations or guidelines in any jurisdiction.
As a condition of opening an account and ongoing access to the Service, You agree that you will NOT:
3.6. Use the Service in a way that violates any laws or regulations in your jurisdiction.
3.7. Access the website or Service from the Democratic People's Republic of Korea (DPRK), Iran, Cuba, Syria or any other jurisdiction in which holding, transacting, receiving/sending virtual currency is illegal, or any activity related to virtual currency or this Service is illegal.
3.8. Violate ARIS’s policies (as determined in ARISs sole discretion from time to time) for selection of your username and for all content, communications, and behavior relating to the Service. For example, physical abuse, violation of any party’s intellectual property rights, and communication that is profane, unlawful, threatening, abusive, libelous, defamatory, pornographic, obscene, threatens abuse or retribution, contains slurs and/or is otherwise objectionable, are grounds for immediately terminating your account.
3.9. Create or operate another application, website, or service to falsely imply that it is associated with the Service.
3.10. Reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without ARIS’s express written permission, other than as permitted under open-source licenses for the platform code.
3.11. Misrepresent your identity, create a new account, or use other accounts to avoid enforcement of any ARIS policies, terms or conditions.
3.12. Disclose in any public posting the contact information of another account holder.
3.13. Circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict access to any content or enforce limitations on the use of the Service and/or the content contained therein.
3.14. Engage in unauthorized mirroring, framing of or linking to the Service.
3.15. Misrepresent, fabricate, trick, defraud, or mislead us and other users, or conspire to do any of the foregoing activities, especially in any attempt to learn sensitive account information such as user passwords.
3.16. Make improper use of our support services or submit false reports of abuse or misconduct.
3.17. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
3.18. Interfere with, disrupt, or create an undue burden on the networks or services connected to the Service and/or used to provide the Services.
3.19. Attempt to impersonate another user or person or use the username of another user.
3.20. Sell or otherwise transfer your account.
3.21. Use any information obtained from the Service to harass, abuse, or harm another person.
3.22. Use the Service as part of any effort to compete with us or otherwise use the Service and/or the Content for any revenue-generating endeavor or commercial enterprise, except as permitted by applicable open-source licenses of the Service.
3.23. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service and/or Services, except as specifically permitted by applicable open-source licenses or permission.
3.24. Attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any system used to provide the Services.
3.25. Harass, annoy, intimidate, or threaten any of our employees, contractors or agents engaged in providing any portion of the Service to you.
3.26. Delete copyright or other proprietary rights notice from any part of the Service.
3.27. Copy, modify, adapt, hack, or interfere with the operation of the Service and/or Services.
3.28. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
3.29. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
3.30. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software, except as specifically permitted by applicable open-source licenses.
3.31. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
4.1. The Services enable you to create one or more accounts
4.2. When an aacount is created, you are strongly advised to take precautions in order to avoid loss of access to and/or control over the account. Suggested measures include, but are not limited to, the following:
4.2.1. creating a strong password for the account that is not used for any other website or online service;
4.2.2. storing your account Recovery in a secure fashion;
4.2.3. maintaining the security of your account by protecting your account password by, for example, limiting access to your computer; and
4.2.4. promptly notifying us if you discover or otherwise suspect any security breaches related to your computer or account.
4.3. General Transaction Terms
4.3.1. You acknowledge that your use of this Service is at your sole discretion and that your use is compliant with all relevant laws in your jurisdiction or any other applicable laws.
4.3.2. All outbound cryptocurrency transactions are irreversible.
4.3.3. While the Service has undergone beta testing and continues to be improved by feedback from the users and developer community, we cannot guarantee that there will be no bugs in the software.
4.3.4. You acknowledge that you have chosen to use the Services with a full understanding of the terms and limitations in this Agreement.
4.3.5. You warrant that your use of Services complies with all applicable laws in your jurisdiction.
4.3.6. You assume sole responsibility for safekeeping your passwords, private key pairs, PINs and any other codes you use to access the Services.
4.3.7. All proposed virtual currency transactions must be confirmed and recorded in the associated public blockchain. Such networks are decentralized, peer-to-peer networks supported by independent third parties which ARIS does not own, control, or operate. Therefore, ARIS cannot and does not ensure that any transaction details submitted via our Services will be confirmed and processed. By using ARIS, you acknowledge and agree that the transaction details you submit may not be completed or may be substantially delayed.
4.3.8. You represent and warrant that any information provided via the Services is accurate and complete and accepts and acknowledges that we are not responsible for any errors or omissions made in connection with any cryptocurrency transaction initiated via the Services. You are strongly advised to review all transaction details carefully.
4.3.9. You agree to receive push notifications from us which may include blockchain congestion alerts.
5.1. Access to our Services may become unavailable or degraded during times of significant volatility, volume or through consequences related to the services we rely on to operate our site, or through third party actions. You understand that this may result in limitations on access to your ARIS account and that ARIS is not liable for damages which may arise from service interruptions, transaction processing time or delayed customer support response time. In any such event, we will strive to rectify or restore secure access to the website and respond to any support tickets or enquiries as quickly as possible.
5.2. Although we strive to always provide accurate and timely information on the website, it may not always be entirely complete or current and it may also include technical inaccuracies or typographical errors. Accordingly, you should verify all information before relying on it. You agree that ARIS is not liable for any and all decisions you make while using or relying on the information on the website.
6.1. ARIS, in its sole discretion, may refuse to provide an account, or suspend or terminate your account, for any reason at any time. Such termination of the Services may result in the deactivation of your Account and the cessation of support Services such as password recovery services.
6.2. If you want to terminate your account, you may do so by:
6.2.1. Following the steps in your account to “close account” or “terminate account” and discontinuing the use of our services.
7.1. Any testimonial, comment, review, suggestion, or any work of authorship you submit to ARIS (“Content”) remain yours. However, by posting, uploading, displaying, performing, transmitting, or otherwise distributing any Content to the Service, you are granting ARIS, its affiliates, officers, directors, employees, consultants, agents, and representatives a perpetual, worldwide, paid-up license to use the Content for operation of the Service and associated virtual currency exchange services, including without limitation, a right to implement any suggestions and to copy, transmit, store, and reformat the Content. By submitting Content to ARIS, you warrant and represent that you own the rights to the Content or are otherwise authorized to provide the Content and grant the licenses herein.
7.2. You will not upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party's copyrights, trademarks, patents, or trade secrets. You are solely responsible for any violations of any laws and for any infringements of rights caused by any Content you provide, post, or transmit, or that is provided or transmitted from your device.
8.1. The Service may provide access to third party services not owned or operated by ARIS. You agree that ARIS is not responsible or liable, directly or indirectly, for any damages or loss caused by or in connection with your use of, or reliance on any such third party services.
8.2. In no event shall a description, reference or link to a third party’s product or service (including, but not limited to, providing a description or reference via hyperlink) be construed as a representation of fitness, endorsement or promotion of such third-party products or services by ARIS. We retain the exclusive right to add to, modify, or cancel the availability of any third-party service. You agree that your use of third-party services is subject to the terms and conditions of use and the privacy policies of the third-party.
9.1. The Website, the Services and all the related products of ARIS are subject to copyright. The material on the Website is protected by copyright under the laws of Bulgaria, and all applicable international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by ARIS or its duly authorized contributors.
9.2. All trademarks, service marks and trade names are owned, registered and/or licensed by us, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:
9.2.1. (a) use the Website pursuant to the Terms;
9.2.2. (b) copy and store the Website and the material contained on the Website in your device's cache memory; and
9.2.3. (c) print pages from the Website for your own personal and non-commercial use.
9.3. We do not grant you any other rights in relation to the Website or the Services. All other rights are expressly reserved by us.
9.4. We retain all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
9.4.1. (a) business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
9.4.2. (b) rights to use or exploit a business name, trading name, domain name, trademark or industrial design, or
9.4.3. (c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
9.5. You may not, without the prior written permission of ARIS and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third-party Services for any purpose unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
All ARIS content provided as part of the Service is the property of (or licensed by) ARIS. Certain code components of the ARIS Services and access through Application Programming Interfaces are available under certain licenses. You may not duplicate, copy, or reuse any portion of the Services without express written permission from ARIS, except where permitted by open-source license terms.
12.1. ARIS endeavors to provide reliable access to virtual currency or tokens that you store via the Services. However, the Services are subject to various modes of failure and loss of data, some of which are beyond ARIS’s control. Furthermore, because the activities you perform using the Services involve transmissions over publicly accessible networks (such as mobile data communications networks and the internet) as well as being stored on servers connected to these networks, there is an inherent risk that your wallet and transaction information may be intercepted or improperly accessed by third party actors.
12.2. Your use of the Service is at your own risk, and on an “as-is” and “as-available” basis. To the full extent permitted by law, ARIS hereby excludes all express and implied warranties, including (without limitation) implied warranties of non-infringement, merchantability, and fitness for a particular purpose.
12.3. In addition, to the extent permitted by law, ARIS(and its officers, directors, agents, service providers, and employees) shall not be liable for any damages or losses resulting in any way from:
12.3.1. Information you provide while using the Services.
12.3.2. Your use of or inability to use Services.
12.3.3. Loss of virtual currency using the Services.
12.3.4. Your failure to secure your device(s) and your account information.
12.3.5. Interception of data or other unauthorized access to data by a third party.
12.3.6. Any modification, suspension, or discontinuance of the Services.
12.3.7. Viruses or other malicious software, glitches, bugs, errors or inaccuracies resulting from access to the Services.
12.3.8. Damage to your device(s) while using the Services.
12.3.9. The behavior, actions, and inactions of third parties using the Services.
12.3.10. Actions taken by ARIS in response to violations of the Terms and its other policies, as amended from time to time.
12.3.11. Any effects of changes in ARIS’s operations, policies and the Terms on you or any business you conduct, including without limitation the need to modify your information and practices to comply with such changes.
12.3.12. The technical operating and transmission features of the Services, including without limitation the transfer of encrypted or unencrypted information over various networks.
12.3.13. Acts (or failures to act) of ARISs third-party hardware, software, and network service providers.
12.4. The foregoing exclusions of ARIS’s liability apply to all forms of damages or losses, whether direct, indirect, incidental, special, consequential or exemplary, and including but not limited to, damages for loss of profits, goodwill, use, personal injury, or intangible losses.
12.5. ARIS does not control or own the underlying software protocols used to support the operation of the cryptocurrencies supported on its platform. ARIS cannot guarantee the security, functionality or features of any underlying software protocols. You understand that the underlying software protocols may change materially or otherwise from time to time and that it is your responsibility to make yourself aware of any changes to operating rules or features associated with the operation of underlying software protocols.
13.1. You release ARIS and its officers, directors, employees, and agents from claims, demands and damages (actual and consequential) of every type, known and unknown, connected in any way with your use of the ARIS Services. You expressly waive any statutory or other protection that would otherwise limit this release to claims that you know of (or suspect to exist) when you open your account and agree to this release.
13.2. You will indemnify and hold harmless ARIS, its officers, directors, employees, and agents from any claim or demand (and reasonable attorney’s fees) made by any third party arising out of your breach of these Terms, your improper use of the Services, your failure to honor the terms of a transaction arranged using the Services, or your violation of any law or other rights of a third party.
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute ("Dispute") has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice ("Notice") by that other party, the parties to the Terms ("Parties") must:
14.3.1. (a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
14.3.2. (b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or initiate or request one appointed for them.
14.3.3. (c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing, undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
14.3.4. (d) The mediation will be held in Bulgaria.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be held and conducted in Bulgaria.
The Terms are governed by the laws of Bulgaria. Any dispute, controversy, proceeding or claim related to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Bulgaria, without reference to conflict of law principles, notwithstanding mandatory rules. You agree that the validity of this governing law clause is not contested and that the Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Both parties confirm and declare that the provisions of the Terms are fair and reasonable, and both parties have taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND ARE BOUND BY ITS TERMS AND CONDITIONS.