Legal Notices

Copyright © 2021 - 2023 Arculus Holdings, L.L.C. – All Rights Reserved

 

Last updated in April 2023 (“Update Date”)

The Arculus card is sold by Arculus Holdings, L.L.C, a Delaware limited liability company whose principal offices are located at 309 Pierce Street, Somerset, New Jersey 08873, USA.  The Arculus card is used together with the Arculus Cold Storage Wallet mobile application for cryptocurrency and other digital assets (“Digital Assets”).

 

1. 1.     Overview.

 

1.1.As used herein, “You” and “Your” mean the purchaser of the Arculus card (“Card”).  “We,” “Us,” “Our,” and “Arculus” mean Arculus Holdings, L.L.C.; and its affiliates, agents, authorized representatives, successors, and assignees.

1.2.These Arculus Terms of Sale (“Terms”) govern Your use of the Card that You just purchased.  The Card is used to access Your Arculus Cold Storage Wallet (“Arculus Cold Storage Wallet”) to store and make transactions for Digital Assets.  “Digital Asset” means the different cryptocurrencies that We may recognize and support from time to time in Your Arculus Cold Storage Wallet.  Please read these Terms carefully before accessing or using Your Card.  By using the Card to access Your Arculus Cold Storage Wallet You (a) acknowledge that You have read and understand these Terms; and (b) accept these Terms and agree that You are legally bound by them.  If You do not agree to all the Terms, then You may not access or use Your Card or Arculus Cold Storage Wallet. 

1.3.The following documents govern Your use of the Card with Us: (1) these Terms; (2) all Statements; (3) any privacy notices; (4) Our Website Terms and Conditions; (5) the Arculus Cold Storage Wallet Usage Terms And Conditions; (6) all disclosures and materials provided to You before or when You opened Your initial account; (7) any other documents and disclosures relating to Your account, including those provided online; and (8) any future changes We make to any of the above (collectively, the “Agreement”). Please read the Agreement carefully and store a copy for future reference.

1. 2.     Rights and Restrictions for Your Card.

 

2.1  These Terms apply whether or not You use Your Card or Arculus Cold Storage Wallet. They will continue to apply as long as You have any Digital Assets in Your Arculus Cold Storage Wallet.  You must take reasonable steps to prevent the unauthorized use of Your Card and Arculus Cold Storage Wallet.  Our third-party services providers may decline to authorize any buy or swap transaction for any reason.  Neither We nor our third-party services providers can block or decline Your ability to store, send or receive supported Digital Assets with the Arculus Cold Storage Wallet. We and/or Our third-party services providers are not responsible for any losses You incur if Our third-party services providers do not authorize a transaction for any reason. You must not use, or try to use, the Card or Arculus Cold Storage Wallet for any illegal activity. You are responsible for any charges if You do. We are not liable for any losses that may result when Our services are unavailable due to reasons beyond Our control.

2.2  You understand and acknowledge that Your use of the Card and Arculus Cold Storage Wallet are at Your sole discretion and risk. It is Your responsibility to adopt good security practices in order to protect YourDigital Assets.If You lose Your Card, You can restore Your Arculus Cold Storage Wallet with a recovery phrase created when You set up Your initial profile. The recovery phrase should be stored separately from the mobile device and card.  You are responsible for safekeeping Your recovery phrase and any PIN You need to access Your Arculus Cold Storage Wallet with the Card. Arculus cannot retrieve Your recovery phrase if You lose or forget them. We strongly advise You to store a backup copy of Your recovery phrase and PIN in a safe place and never reveal your recovery phrase to anyone. Arculus will never ask you for your recovery phrase.

2.3  If Your Card is lost or stolen or if You think someone else may be using Your Card or Arculus Cold Storage Wallet without Your permission, You should contact Arculus Customer Service immediately.

2.4  If You use the Card to access Your Arculus Cold Storage Wallet for Digital Asset storage and transactions, You acknowledge that Arculus is not responsible or liable for safeguarding Your private keys and recovery phrase. Furthermore, Arculus is not responsible for any loss of Digital Assets resulting from theft, loss, or mishandling of encrypted private keys or recovery phrase which are outside of Our control.

1. 3.     Limited Warranty.

 

3.1  We warrant that Your Card will be free from defects in material and workmanship and will operate under normal use conditions during the warranty period of two (2) years (“Warranty Period”) starting from the day the Card is received by You.  This limited warranty covers failures or malfunctions that occur to the Card during the Warranty Period under normal use conditions.

 

3.2  This limited warranty shall not apply to: (i) normal wear and tear; (ii) damage or loss resulting from accident, abuse, misuse, neglect, or improper usage or handling; (iii) damage resulting from undue physical or electrical stress, including but not limited to high voltage surges or extreme temperatures; (iv) damage or loss of the product caused by acts of nature including but not limited to floods, storms, fires and earthquakes; or (v) damage caused by alteration of the Card by You or anyone other than Us (“Warranty Exceptions”).

 

3.3  Our limited warranty is strictly limited to replacement of the Card itself.  If Your Card was damaged or defective at the time it was delivery to You or if the Card fails to work at any time under normal use conditions during the Warranty Period, provided such failure was not caused by a Warranty Exceptions, then You may return the defective Card to Arculus and get a replacement Card free of charge.  Arculus will not give you a free replacement Card after the Warranty Period expires.  Your warranty rights under this Section 4 are personal in nature, and are not transferable by You to anyone else.  Further, any Card that has not been purchased by You directly from Us is expressly excluded from the scope of the above limited warranty.

 

3.4  EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE CARD AND YOUR ARCULUS COLD STORAGE WALLET ARE PROVIDED “AS IS”, “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL ARCULUS AND ITS AFFILIATES, AND THEIR CURRENT OR FORMER EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, REPRESENTATIVES, AGENTS, ADVISORS, OR CONTRACTORS OR ANY OF ITS OR THEIR RESPECTIVE THIRD-PARTY SERVICES PROVIDERS (“ARCULUS REPRESENTATIVES”), BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH YOUR USE OF THE CARD OR YOUR ARCULUS COLD STORAGE WALLET OR ANY OTHER DEALINGS IN OR THROUGH YOUR ARCULUS COLD STORAGE WALLET.

 

1. 4.     Disclaimer.

 

4.1  IN NO EVENT WILL ARCULUS AND ITS AFFILIATES, AND THEIR CURRENT OR FORMER EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, REPRESENTATIVES, AGENTS, ADVISORS, OR CONTRACTORS, OR ANY OF ITS OR THEIR RESPECTIVE THIRD-PARTY SERVICES PROVIDERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY OR INABILITY TO USE YOUR CARD OR ARCULUS COLD STORAGE WALLET, LOST REVENUES OR PROFITS, DELAYS, INTERRUPTION OR LOSS OF SERVICES, BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA, LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION OR SHUTDOWN, FAILURE TO ACCURATELY TRANSFER, READ OR TRANSMIT INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION, SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT INFORMATION OR BREACHES IN SYSTEM SECURITY, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT ARCULUS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS AGREEMENT SHALL OPERATE TO LIMIT OR EXCLUDE ANY LIABILITY FOR FRAUD, GROSS NEGLIGENCE OR FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

4.2  NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARCULUS OR ANY OF ITS REPRESENTATIVES BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGE OR CLAIMS: (I) DUE TO AN UNUSUAL OR UNFORESEEABLE CONSEQUENCE, OUTSIDE OF OUR REASONABLE CONTROL (INCLUDING WITHOUT LIMITATION FORCE MAJEURE EVENTS); (II) ARISING FROM OR IN CONNECTION WITH: (A) ANY INTERRUPTION, DELAY, SUSPENSION, DISCONTINUANCE OR FAILURE OF YOUR ARCULUS COLD STORAGE WALLET; (B) ANY REFUSAL TO PROCESS OR AUTHORIZE, OR ANY REVERSAL OF, ANY TRANSACTION IN YOUR ARCULUS COLD STORAGE WALLET FOR ANY REASON; (C) YOUR INABILITY TO EFFECT OR COMPLETE ANY TRANSACTION DUE TO SYSTEM MAINTENANCE, BREAKDOWN OR NON-AVAILABILITY OF YOUR ARCULUS COLD STORAGE WALLET, NETWORK, YOUR CARD OR HARDWARE OR SOFTWARE OR THAT OF ANY THIRD PARTIES; (D) YOUR USE OF YOUR CARD, YOUR MOBILE DEVICE AND/OR YOUR ARCULUS COLD STORAGE WALLET BY THIRD PARTIES, WHETHER OR NOT AUTHORIZED BY YOU; (E) ANY THEFT OR LOSS OF YOUR CARD OR YOUR MOBILE DEVICE; (F) ANY UNAUTHORIZED OR ILLEGAL USE OF YOUR CARD OR ARCULUS COLD STORAGE WALLET CONTRARY TO THIS AGREEMENT; (III) DUE TO COMPLIANCE WITH APPLICABLE LAWS AND/OR ORDERS FROM COURTS OF COMPETENT JURISDICTIONS; (IV) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT FOR LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, LOST DATA, OTHER TANGIBLE OR INTANGIBLE LOSSES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES TO THIS AGREEMENT, REGARDLESS OF WHETHER SUCH DAMAGES WERE DIRECT OR INDIRECT, FORESEEABLE OR UNFORESEEABLE, OR WHETHER WE OR OUR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (V) RESULTING FROM HACKING, TAMPERING, VIRUS TRANSMISSION OR OTHER UNAUTHORIZED ACCESS OR USE OF THE CARD, YOUR ARCULUS COLD STORAGE WALLET, OR ANY INFORMATION CONTAINED THEREIN.

4.3  NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, OUR AND OUR REPRESENTATIVES’ TOTAL AGGREGATE, CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED THE REPLACEMENT COST OF A CARD.

4.4  ARCULUS DOES NOT PROVIDE FINANCIAL, TAX, OR LEGAL ADVICE. ARCULUS DOES NOT RECOMMEND, BUY, SWAP, EXCHANGE, SEND, OR RECEIVE TRANSACTIONS. 

4.5  ARCULUS DOES NOT STORE DIGITAL ASSETS FOR YOU OR ON YOUR BEHALF. ALL OPERATIONS INVOLVING DIGITAL ASSETS USING THE CARD AND ARCULUS COLD STORAGE WALLET SHOULD BE TAKEN BASED ON YOUR OWN KNOWLEDGE OR RELIANCE OR THE OPINION OF YOUR OWN LICENSED PROFESSIONAL.

1. 5.     Representation & Warranties by You.  By purchasing the Card and accessing and/or using Your Card together with the Arculus App to access Your Arculus Cold Storage Wallet, You represent and warrant (and shall be deemed to represent and warrant) to Arculus on the date of such purchase and date of any such access or use, the following:

 

5.1  You are over eighteen (18) years of age or are of legal age to enter into a binding contract in Your jurisdiction and You have the right, power and authority to enter into this Agreement;

5.2  You are a resident, domiciled in the country listed in Your purchase transaction;

5.3  You are not impersonating any other person, operating under an alias or otherwise concealing Your identity;

5.4  You are the sole ultimate beneficial owner of Your Card and Arculus Cold Storage Wallet;

5.5  You are the owner of Your mobile device being used with Your Card and Arculus Cold Storage Wallet;

5.6  You will not use the Card and/or Arculus Cold Storage Wallet if any applicable laws in Your jurisdiction (state or country) prohibit You from doing so in accordance with this Agreement;

5.7  You acknowledge and agree that You have observed and complied with all applicable laws, regulations or rules in Your jurisdiction in connection with any Digital Asset storage or transaction in or through Your Arculus Cold Storage Wallet at Your own expense and without liability to Arculus;

5.8  You acknowledge and agree that no regulatory authority has examined or approved Your Digital Asset transactions;

5.9       You acknowledge and agree that You are fully aware of and understand that You are not eligible to purchase any Digital Assets through Your Arculus Cold Storage Wallet if: (a) You are on the Specially Designated Nationals List, or are a citizen, national or resident of a country on the Sanctions List as set forth by the Office of Foreign Assets Control, or (b) You are a “restricted person” as defined by FINRA Rules 5130 and 5131 (as amended), or (c) You are located in, under the control of, or a national or resident of (a) any international sanctioned countries, or (b) any country to which the United States has embargoed goods or services;

5.10    You acknowledge and agree that You are fully aware and understand that there are substantial risks associated with the purchase, sale and holding of Digital Assets;

5.11    You acknowledge and agree that Arculus is not liable for any indirect, special, incidental, consequential or other losses of any kind in tort, contract or otherwise (including but not limited to loss of Digital Assets, income or profits; or loss of use or data; or loss of reputation; or loss of any economic or other opportunity of whatever nature or however arising) arising out of or in connection with Your use of Your Card or Arculus Cold Storage Wallet; and

5.12    You acknowledge and agree that all of the above representations and warranties are true, complete, and accurate.

1. 6.     Conduct.  In connection with Your use of the Card and Arculus Cold Storage Wallet, You agree not to (and shall not, knowingly or otherwise, authorize, allow or assist any other person to):

6.1  Use the Card or Arculus Cold Storage Wallet to perform illegal, unlawful or immoral activities under any federal, state, local or foreign law (including but not limited to money laundering, illegal Internet gambling, terrorism financing and/or fraudulent activities);

6.2  Use the Card or Arculus Cold Storage Wallet in any manner that could reasonably be expected to infringe Our, Our affiliates’ or any other third party’s intellectual property rights, including without limitation any copyright, patent or trademark. You agree not to take or attempt to take any action or claim ownership of any property that infringes or would infringe upon these intellectual property rights;

6.3  Use the Card or Arculus Cold Storage Wallet in any way that could damage, disable, impair or compromise Our security systems and/or the security of any other computer systems or devices used in connection therewith, and/or interfere with other Arculus users. 

6.4  Attempt to gain or gain unauthorized access to the accounts of other Arculus Cold Storage Wallet users;

6.5  Take any action that detrimentally interferes with, intercept or expropriate any system, data or information belonging to other Arculus Cold Storage Wallet users;

6.6  Engage in any other activities deemed inappropriate by Us and/or which is in contravention of these Terms or any applicable laws;

6.7  Provide false, inaccurate, incomplete and/or misleading information to Arculus or any of its affiliates or third-party services providers; or

6.8       Deposit in Your Arculus Cold Storage Wallet any Digital Asset or fiat currency forming all or part of the proceeds of any criminal or unlawful activity.

1. 7.     Risk Of Loss / Returns

 

All purchases of Cards are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to You upon Our delivery to the carrier.  If You are not satisfied with Your Card purchase, We allow returns on Cards which must be sent to Us no later than 15 days from the original delivery date. Any Card You return must be in the same condition You received it. We do not take title to returned Cards until the Card arrives at Our fulfillment center. To initiate a return, please contact Customer Service for return instructions first, before You ship the return. Refunds will be issued to the original method of payment. For a returned Card, We will offer either a full refund or a replacement. At Our discretion, a refund may be issued without requiring a return of the Card. In this situation, Arculus does not take title to the refunded item. We reserve the right to decline a refund if any of these conditions are not met.

 

1. 8.     Indemnification. 

 

You agree to indemnify, defend and hold harmless Arculus and Our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, services providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of Your breach of these Terms, the Agreement or the documents they incorporate by reference (as set forth in Section 1.3 above), or Your violation of any law or the rights of a third-party.

1. 9.     Intellectual Property.

 

In connection with the Card and Arculus Cold Storage Wallet and Your use thereof, Arculus retains all right, title, and interest in and to the Our brands, logos, and trademarks, including, but not limited to: ARCULUS, Our logo , and variations of the wording of the aforementioned brands, logos, and trademarks (“Brands”). You have no right to use such Brands for any purpose or remove any such Brands from the Card or Arculus Cold Storage Wallet without Our prior consent.

 

1. 10.  Choice of Law.

 

Your use of the Card or Arculus Cold Storage Wallet and this Agreement, together with its application and interpretation, shall be governed exclusively by the laws of the State of New Jersey, USA without regard to its conflict of law rules. You consent to the exclusive jurisdiction of the federal and state courts located in New Jersey, USA for any dispute arising under Your use of the Card or Arculus Cold Storage Wallet or this Agreement.  THE PARTIES AGREE THAT ANY CLAIMS AGAINST THE OTHER UNDER THIS AGREEMENT MAY ONLY BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. TO THE MAXIMUM EXTENT OF THE LAW, NO COURT OF COMPETENT JURISDICTION MAY CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ANY RELIEF AWARDED TO ANY USER OF THE CARD OR ARCULUS COLD STORAGE WALLET CANNOT AND MAY NOT AFFECT ANY OTHER USERS.

1. 11.  Severability.

 

In the event any court shall declare any section or sections of these Terms invalid or void, such declaration shall not invalidate the entire Terms and all other sections of these Terms shall remain in full force and effect.

1. 12.  Binding Agreement.

 

These Terms are binding upon You, Your heirs, successors, assigns, and other representatives. We reserve the right to modify these Terms from time to time, with or without notice to You.

1. 13.  Notices. 

 

All notices, requests, demands and other communications under these Terms shall be in writing and shall be deemed to have been delivered and received, if confirmation of receipt is available, (a) one (1) business day after having been sent by overnight courier and (b) on the same day when personally delivered or sent by email or facsimile by the sending party on a business day, or otherwise on the next succeeding business day thereafter.  If We need to communicate with You, then We will send notices to either Your home address or email address that We have on file.  If You need to communicate with Us, You must send notices at Our address set forth below:

Office of the General Counsel

Arculus Holdings, L.L.C.

309 Pierce Street

Somerset, NJ 08873, USA

legal@arculus.co

 

1. 14.  Privacy Policy. 

 

By using the Card or Arculus Cold Storage Wallet, You confirm that You have read and understood Our Privacy Policy and understand how We collect, use, disclose and share Your Personally Identifiable Information (PII) and disclose such PII to Our authorized third-party services providers and other relevant third parties. For more information, Our Privacy Policy is located here:  https://www.getarculus.com/privacypolicy. 

1. 15.  Feedback. 

 

If You have any feedback, questions or complaints, please contact Us via email at contact@arculus.co. We will attempt to respond to You as soon as possible.  For more complicated issues, it may take US up to fifteen (15) days to resolve and get back to You. You accept and agree that We shall not be responsible for any loss and damage incurred during such period.

1. 16.  No Transfer of Terms. 

 

These Terms, and any rights and obligations and licenses granted hereunder, are limited, revocable, non-exclusive and personal to You and therefore may not be transferred, assigned or delegated by You to any third party without Our written consent, but may be transferred, assigned or delegated by Us without notice and restriction. Any attempted transfer or assignment by You in violation hereof shall be null and void.

1. 17.  Entire Agreement. 

 

You acknowledge and agree that this Agreement and the documents it incorporates by reference (as set forth in Section 1.3 above) represents the final and complete contract between Us and You, and it shall be binding upon, and inure to the benefit of, Us and You and each of our respective beneficiaries, successors and assigns, and supersedes all prior documents, representations, and understandings between us that may relate to the subject matter of the Agreement.  No other understanding, oral or otherwise, regarding the subject matter of the Agreement shall be deemed to exist or bind either of us.   You acknowledge and agree that You had the opportunity to have the Agreement, and the documents they incorporate by reference (as set forth in Section 1.3 above) reviewed by an attorney of Your choosing.

 

ARCULUS COLD STORAGE WALLET USAGE TERMS

Copyright © 2021 - 2023 Arculus Holdings, L.L.C. – All Rights Reserved.

Last updated in April 2023 (“Update Date”)

The Arculus Cold Storage Wallet, provided by Arculus Holdings, L.L.C, a Delaware limited liability company, whose principal offices are located at 309 Pierce Street, Somerset, New Jersey 08873, USA, is a cold storage wallet for cryptocurrency and other digital assets (“Digital Assets”).

This is a binding “Agreement” between Arculus Holdings, L.L.C. (“Arculus,” “We,” “Our” or “Us”) and the person, persons, or entity (“You”, “Your” or “Yourself”) using the Arculus Cold Storage Wallet (consisting of the Arculus card and mobile device app) together with any enhancements, updates, maintenance releases, modifications, revisions, or additions thereto (collectively “Arculus Cold Storage Wallet”) to buy, swap, send, receive and store Digital Assets.  The terms in this Agreement may from time to time be updated or amended. We will post any such updates on the Arculus Cold Storage Wallet or Our website, located at www.getarculus.com (“Website”). Such updated terms as posted will take effect immediately unless otherwise indicated. You should regularly check the Arculus Cold Storage Wallet or Our Website to inform Yourself of any such changes. In addition, We at any time may change, add or remove any feature or functionality of the Arculus Cold Storage Wallet without prior notice to You. By continuing to use the Arculus Cold Storage Wallet after any such changes have taken effect, You are indicating Your acceptance of the updated or amended terms as well as Your acceptance of the updated Arculus Cold Storage Wallet. If You do not wish to be bound by any changes or amendments to this Agreement, You should stop using the Arculus Cold Storage Wallet immediately.

1.    Rights and Restrictions.

(a)   The Arculus Cold Storage Wallet is copyrighted by Arculus and it is licensed under the terms and conditions of this Agreement.  It is not sold to You. Subject to You remaining in full and ongoing compliance with the terms and conditions of this Agreement, Arculus hereby grants to You, and You accept, a personal, limited, nonexclusive, nontransferable, non-assignable, revocable license to use the Arculus Cold Storage Wallet in machine-readable, object code form only, and only as authorized in this Agreement.

(b)   Except as this Agreement expressly permits, You shall not, and shall not permit any other person to: (i) copy the Arculus Cold Storage Wallet, in whole or in part; (ii) modify, correct, adapt, translate, enhance or otherwise prepare derivative works or improvements of the Arculus Cold Storage Wallet or any part thereof; (iii) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make the Arculus Cold Storage Wallet available to any person, including on or in connection with the Internet or any time-sharing, service bureau, software as a service, cloud or other technology or service; (iv) reverse engineer, disassemble, decompile, decode or adapt the Arculus Cold Storage Wallet, or otherwise attempt to derive or gain access to the source code of the Arculus Cold Storage Wallet, in whole or in part; (v) bypass or breach any security device or protection used for or contained in the Arculus Cold Storage Wallet; (vi) remove, delete, efface, alter, obscure, translate, combine, supplement or otherwise change any trademarks, warranties, disclaimers, or other notices, marks or serial numbers on or relating to any copy of the Arculus Cold Storage Wallet; or (vii) use the Arculus Cold Storage Wallet in any manner or for any purpose or application not expressly permitted by this Agreement.

(c)   As of the Update Date, the Arculus Cold Storage Wallet is available for storing, sending and receiving Digital Assets in all U.S. states and certain other countries.  Certain Digital Asset transactions, specifically buying and/or swapping Digital Assets, are available only in certain jurisdictions.  You may not use the Arculus Cold Storage Wallet to buy or swap Digital Assets in any jurisdictions where it is illegal to do so.  Arculus has posted on its website located at https://www.getarculus.com/ the U.S. states and other countries where the Arculus Cold Storage Wallet may be used.  It is anticipated that additional U.S. states and other countries may become available in the future, which information will be posted on the Arculus website. Please review Our Website from time to time for the most recent updated jurisdiction restrictions.

(d)   As of the Update Date, the Digital Assets that can be stored, sent, received, bought or swapped through the Arculus Cold Storage Wallet are set forth on our Website, including certain NFTs.  As of the Update Date, You may not use the Arculus Cold Storage Wallet to buy or swap certain of the Digital Assets listed on our Website. You may use Your Arculus Cold Storage Wallet to store private keys relating to other Digital Assets, but You may not be able to buy or swap those other Digital Assets through the Arculus Cold Storage Wallet. It is anticipated that additional Digital Assets may become available for transactions in the future, which information will be posted in future updates on our Website. Please review Our Website from time to time for the most recent updated Digital Asset restrictions.  We reserve the right, in Our sole discretion, to remove Digital Assets from the above list that may be bought or swapped for purposes of compliance with applicable law.  Nonetheless, You shall always be able to send, receive and store all Digital Currencies in Your Arculus Cold Storage Wallet.

(e)   You understand and acknowledge that Your use of the Arculus Cold Storage Wallet is at Your sole discretion and risk. It is Your responsibility to adopt good security practices in order to protect Your Digital Assets.  If You lose Your Arculus card, You can restore Your Arculus Cold Storage Walletwith a recovery phrase created when You set up Your initial profile. The recovery phrase should be stored separately from the mobile device and card.  You are responsible for safekeeping Your recovery phrase, private keys, and any other codes You need to access the Arculus Cold Storage Wallet. We cannot retrieve Your private keys or recovery phrase if You lose or forget them. We strongly advise You to store a backup copy of Your recovery phrase, private keys, and any other access codes in a safe place. Arculus will never ask you for your recovery phrase.

(f)   YOU EXPRESSLY UNDERSTAND AND ACKNOWLEDGE THAT IF YOU LOSE ACCESS TO YOUR ARCULUS COLD STORAGE WALLET OR YOUR ENCRYPTED PRIVATE KEYS AND YOU HAVE NOT SEPARATELY STORED A BACKUP OF YOUR RECOVERY PHRASE AND PRIVATE KEYS, THEN YOU WILL NOT BE ABLE TO ACCESS THE ARCULUS COLD STORAGE WALLET, AND YOU WILL NO LONGER BE ABLE TO ACCESS OR PROCESS TRANSACTIONS IN ANY DIGITAL ASSET YOU HAVE STORED IN YOUR ARCULUS COLD STORAGE WALLET.

(g)   From time to time, Our third-party services providers (“Third-Party Providers”) may impose limits on the amount of Digital Assets You can buy or swap, which may include limits on the cash value or number of transactions in which You can engage over particular periods of time. Our Third-Party Providers may change the limits for safety, security or other lawful reasons.

2.    Digital Asset Risks.

(a)   All transactions involving Digital Assets involve certain risks. Digital Assets and other blockchain technologies and any related services are subject to legislative and regulatory changes or actions at the state, federal, or international level that may adversely affect the use, transfer and value of Digital Assets, including but not limited to anti-money laundering and other regulations. You acknowledge and agree that Your use of the Arculus Cold Storage Wallet could be impacted by one or more regulatory requirements.  In addition, Digital Asset trading can lead to large and immediate financial losses and is suitable only for persons who can bear such losses. There are risks in even holding Digital Assets. In considering whether to hold Digital Assets, You should be aware that the price or value of Digital Assets can change rapidly, decrease, and potentially even fall to zero. Past performance is not an indicator of future results. You should, therefore, carefully consider whether holding or trading Digital Assets is suitable for You in light of Your financial situation. We are not responsible for the economic market or value of Digital Assets, and We make no representations or warranties concerning the real or perceived value of Digital Assets as denominated in any fiat currency.

(b)   If You use the Arculus Cold Storage Wallet for Digital Asset storage and transactions, You acknowledge that Arculus is not responsible or liable for safeguarding Your private keys and recovery phrase. Furthermore, Arculus is not responsible for any loss of Digital Assets resulting from theft, loss, or mishandling of encrypted private keys or recovery phrases outside Our control.

(c)  Arculus does not endorse, guarantee, warrant, or recommend any Digital Assets. You must conduct Your own due diligence before deciding to make any Digital Asset transaction in connection with or through Your Arculus Cold Storage Wallet.  In addition, Arculus does not provide investment advice and any content on the Arculus Cold Storage Wallet or Our Website should not be considered as a substitute for investment advice provided by a financial professional. Notwithstanding, We and/or Our Third-Party Providers may provide historical and/or real-time data regarding the prevailing trading prices of certain Digital Assets, including graphs displayed within the Arculus Cold Storage Wallet showing the price fluctuations of Digital Assets, such data or graphs are for reference only.  Arculus makes no representations regarding the quality, suitability, veracity, timeliness, usefulness, accuracy, or completeness of such data or graphs, and You should not rely on such data or graphs for any reason whatsoever. You understand and acknowledge that the value of Digital Assets can be volatile, and You agree that Arculus is not in any way responsible or liable for any losses You may incur by holding or trading Digital Assets, even if Your transactions are delayed, suspended, or interrupted for any reason.

(d)   ARCULUS DOES NOT PROVIDE FINANCIAL, TAX, OR LEGAL ADVICE. ARCULUS DOES NOT RECOMMEND, BUY, SWAP, EXCHANGE, SEND, OR RECEIVE TRANSACTIONS.  ARCULUS DOES NOT STORE DIGITAL ASSETS FOR YOU OR ON YOUR BEHALF.  All transactions made by You through the Arculus Cold Storage Wallet are carried out by Third-Party Providers and/or directly by a blockchain network.  Once a Digital Asset transaction is submitted to Our Third-Party Providers and/or directly to a blockchain network, such a transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the Third-Party Providers and/or blockchain network. A transaction is not complete until it is confirmed. Your Arculus Cold Storage Wallet will designate any Digital Asset transaction, to and from, Your Arculus Cold Storage Wallet that are still “pending” as such, and the relevant Digital Asset will not be included in Your Arculus Cold Storage Wallet or be available with which to conduct other transactions until the initial transaction is confirmed.  As noted above, certain Digital Asset transactions may be processed by Third Party-Providers.  Arculus has no direct control over Third-Party Providers or blockchain networks.  Arculus is not responsible for the content, accuracy, security, availability, performance, or failure to perform of Third Party-Providers and/or by any blockchain network.  Any issue in relation with Your use of Third-Party Providers and/or by a blockchain network should be directed to the specific Third-Party Providers and/or blockchain network, and not Arculus.  Such Third-Party Providers or blockchain network may or may not process or complete Your transactions.  Arculus is not responsible or liable for actions performed or omitted by such Third-Party Providers or blockchain networks, or the content, products, or services available from such Third-Party Providers or blockchain networks.  In addition, services provided by such Third-Party Providers or blockchain networks may be subject to different terms and conditions and privacy practices.  We do not provide any guarantees that access to Third-Party Providers or blockchain networks will not be interrupted or that there will be no delays, failures, errors, omissions, corruption or loss of transmitted information, data or funds.  You agree to use these Third-Party Providers or blockchain networks at Your own risk. If You want to conduct certain Digital Asset transactions with such Third-Party Providers or directly with blockchain networks, then You will need to comply with their terms and conditions.  In addition, transactions with Third-Party Providers or any blockchain networks may not be available in all languages and may not be appropriate or available for use in any particular geographic area. To the extent You choose to use such Third-Party Providers or blockchain networks, then You, not We, are solely responsible for compliance with any applicable laws in relation to such use.   

(e)    Digital Assets in Your Arculus Cold Storage Wallet may be vulnerable to attacks based on the security, integrity or operation of the Digital Asset’s blockchain or other underlying technology, including attacks using computing power sufficient to overwhelm the normal operations of the blockchain or technology. WHILE THE ARCULUS COLD STORAGE WALLET INCORPORATES TECHNOLOGIES DESIGNED TO PROTECT AGAINST SUCH ATTACKS, NEITHER ARCULUS AND ITS AFFILIATES, NOR ANY OF THEIR  CURRENT OR FORMER EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, REPRESENTATIVES, AGENTS, ADVISORS, OR CONTRACTORS OR ANY OF ITS OR THEIR RESPECTIVE THIRD-PARTY PROVIDERS, BE RESPONSIBLE OR LIABLE IN ANY WAY WHATSOEVER TO YOU FOR ANY LOST DIGITAL ASSET, LOST PROFITS, LOST SAVINGS, OR THE LIKE, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, IN EACH CASE ARISING OUT OF OR FROM OR IN CONNECTION WITH ANY SECURITY RISK OR SECURITY BREACH OR SECURITY THREAT OR SECURITY ATTACK ON THE ARCULUS COLD STORAGE WALLET, INCLUDING BUT NOT LIMITED TO HACKER ATTACKS, LOSS OF RECOVERY PHRASE, LOSS OF PRIVATE KEYS, OR THE LIKE.

(f)    Your Arculus Cold Storage Wallet is not a depository or bank account.  Funds stored in Your Arculus Cold Storage Wallet do not earn any interest, although reward programs may be implemented in the future and may be available through Third-Party Providers.  Digital Assets are not protected by any government-backed depositor compensation, insurance or guarantee arrangement; so, they are not covered by either FDIC or SIPC insurance.

(g)   Transactions or operations in Digital Assets, including but not limited to exchanges, air-drops, Forks (as defined below), and gains arising from staking, may be considered taxable events depending on Your home country’s laws and regulations.  Tax rules may be unclear or subject to change.  You are solely responsible to determine what, if any, taxes apply to Your Arculus Cold Storage Wallet transactions. Arculus encourages You to consult Your own tax professional before engaging in Digital Assets transactions.  Arculus is NOT responsible for determining the taxes that apply to Your transactions, if any.

(h)   You understand and agree that the underlying protocols of the Digital Assets' networks are subject to changes (each a "Fork") which may result in more than one version of such asset (each a "Forked Asset"). You further understand and agree that Forks may materially affect the value, function, and/or name of the Digital Assets You hold in Your Arculus Cold Storage Wallet.  In the event of a Fork, We may determine, in Our sole discretion, whether or not to support the Forked Asset(s). In the event that We decide not to support any such Forked Asset, such Forked Asset will not be available to You in Your Arculus Cold Storage Wallet.  You acknowledge the risks presented by Forks and hereby accept that We have no responsibility for any losses or damage arising as a result of any such Fork or Our decision not to support a Forked Asset.

(i)   You understand and agree that there may be additional risks that We have not foreseen or identified in these Terms.  Before you use Your Arculus Cold Storage Wallet, you are strongly encouraged to carefully assess whether your financial situation and risk tolerance is compatible with transaction in Digital Assets.  For the avoidance of doubt, You hereby agree that Arculus shall have no liability for any losses of any kind that You may incur as a consequence of the risks enumerated in this Section 2 and/or your failure to follow Our recommendations herein.

3.    Conduct. In connection with Your use of the Arculus Cold Storage Wallet, You agree not to (and shall not, knowingly or otherwise, authorize, allow or assist any other person to):

(a)   Use the Arculus Cold Storage Wallet to perform illegal, unlawful or immoral activities under any federal or state law (including but not limited to money laundering, illegal Internet gambling, terrorism financing and/or fraudulent activities);

(b)   Modify or adapt the whole or any part of the Arculus Cold Storage Wallet and/or combine or incorporate the Arculus Cold Storage Wallet into another software program or application;

(c)   Disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code, object code, underlying concepts, ideas and algorithms of the Arculus Cold Storage Wallet and/or any components thereof;

(d)   Use the Arculus Cold Storage Wallet in any manner that could reasonably be expected to infringe Our, Our affiliates’ or any other third party’s intellectual property rights, including without limitation any copyright, patent or trademark. You agree not to take or attempt to take any action or claim ownership of any property that infringes or would infringe upon these intellectual property rights;

(e)   Use the Arculus Cold Storage Wallet in any way that could damage, disable, impair or compromise Our security systems and/or the security of any other computer systems or devices used in connection therewith, and/or interfere with other Arculus Cold Storage Wallet users.

(f)   Attempt to gain or gain unauthorized access to the Arculus Cold Storage Wallets of other users;

(g)   Take any action that detrimentally interfere with, intercept or expropriate any system, data or information belonging to other users of the Arculus Cold Storage Wallet;

(h)   Engage in any other activities deemed inappropriate by us and/or which is in contravention of this Agreement or any applicable laws;

(i)   Provide false, inaccurate, incomplete and/or misleading information to Arculus or any of its affiliates or Third-Party Providers;

(j)   Deposit in Your Arculus Cold Storage Wallet any Digital Asset or fiat currency forming all or part of the proceeds of any criminal or unlawful activity; or

(k) Use the Arculus Cold Storage Wallet in any jurisdiction where it is prohibited to do so.

4.    Default.  You will be in default of Your use of Your Arculus Cold Storage Wallet if: (a) We determine that You made a false, incomplete or misleading statement to Us, or You otherwise tried to defraud Us; (b) We determine that You have violated any applicable law; or (c) You do not comply with this Agreement or any other agreement with Us.  If You are in default, We may take certain actions with respect to Your Arculus Cold Storage Wallet.  For instance, depending on the type of default, We may take the following actions, without notifying You, unless the law says that We must give You notice: (y) file a lawsuit against You, or (z) pursue another action that is not prohibited by law. If We file a lawsuit, You agree to pay Our court costs, expenses and attorney fees, unless the law does not allow Us to collect these amounts.

5.    Disclaimer.

(a)    Arculus provides the Arculus Cold Storage Wallet solely on the terms and conditions set forth in this Agreement and on the condition that You accept and comply with such terms. By using the Arculus Cold Storage Wallet You (a) acknowledge that You have read and understand this Agreement; and (b) accept this Agreement and agree that You are legally bound by its terms.

(b)  Arculus does not endorse, guarantee, warrant, or recommend any Digital Assets. You must conduct Your own due diligence before deciding to make any Digital Asset transaction in connection with or through Your Arculus Cold Storage Wallet.

(c)   EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE ARCULUS COLD STORAGE WALLET IS PROVIDED “AS IS”, “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL ARCULUS AND ITS AFFILIATES, AND THEIR CURRENT OR FORMER EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, REPRESENTATIVES, AGENTS, ADVISORS, OR CONTRACTORS OR ANY OF ITS OR THEIR RESPECTIVE THIRD-PARTY PROVIDERS (“ARCULUS REPRESENTATIVES”), BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH YOUR USE OF THE ARCULUS COLD STORAGE WALLET OR ANY OTHER DEALINGS IN OR THROUGH THE ARCULUS COLD STORAGE WALLET.

(d)  IN NO EVENT WILL ARCULUS AND ITS AFFILIATES, AND THEIR CURRENT OR FORMER EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, REPRESENTATIVES, AGENTS, ADVISORS, OR CONTRACTORS, OR ANY OF ITS OR THEIR RESPECTIVE THIRD-PARTY PROVIDERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY OR INABILITY TO USE THE ARCULUS COLD STORAGE WALLET, LOST REVENUES OR PROFITS, DELAYS, INTERRUPTION OR LOSS OF SERVICES, BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA, LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION OR SHUTDOWN, FAILURE TO ACCURATELY TRANSFER, READ OR TRANSMIT INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION, SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT INFORMATION OR BREACHES IN SYSTEM SECURITY, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT ARCULUS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS AGREEMENT SHALL OPERATE TO LIMIT OR EXCLUDE ANY LIABILITY FOR FRAUD, GROSS NEGLIGENCE OR FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

(e)   NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARCULUS OR ANY OF ITS REPRESENTATIVES BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGE OR CLAIMS: (I) DUE TO AN UNUSUAL OR UNFORESEEABLE CONSEQUENCE, OUTSIDE OF OUR REASONABLE CONTROL (INCLUDING WITHOUT LIMITATION FORCE MAJEURE EVENTS); (II) ARISING FROM OR IN CONNECTION WITH: (A) ANY INTERRUPTION, DELAY, SUSPENSION, DISCONTINUANCE OR FAILURE OF THE ARCULUS COLD STORAGE WALLET; (B) ANY REFUSAL TO PROCESS OR AUTHORIZE, OR ANY REVERSAL OF, ANY TRANSACTION IN THE ARCULUS COLD STORAGE WALLET FOR ANY REASON; (C) YOUR INABILITY TO EFFECT OR COMPLETE ANY TRANSACTION DUE TO SYSTEM MAINTENANCE OR BREAKDOWN / NON-AVAILABILITY OF THE ARCULUS COLD STORAGE WALLET, NETWORK, OUR HARDWARE OR SOFTWARE OR THAT OF ANY THIRD PARTIES; (D) YOUR USE OF YOUR MOBILE DEVICE AND THE ARCULUS COLD STORAGE WALLET SERVICES BY THIRD PARTIES, WHETHER OR NOT AUTHORIZED OR UNAUTHORIZED BY YOU; (E) ANY THEFT OR LOSS OF YOUR ARCULUS CARD OR MOBILE DEVICE; (F) ANY UNAUTHORIZED OR ILLEGAL USE OF THE ARCULUS COLD STORAGE WALLET SERVICES CONTRARY TO THIS AGREEMENT; (III) DUE TO COMPLIANCE WITH APPLICABLE LAWS AND/OR ORDERS FROM COURTS OF COMPETENT JURISDICTIONS; (IV) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES FOR LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, LOST DATA, OTHER TANGIBLE OR INTANGIBLE LOSSES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES TO THIS AGREEMENT, REGARDLESS OF WHETHER SUCH DAMAGES WERE DIRECT OR INDIRECT, FORESEEABLE OR UNFORESEEABLE, OR WHETHER OUR OR OUR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (V) RESULTING FROM HACKING, TAMPERING, VIRUS TRANSMISSION OR OTHER UNAUTHORIZED ACCESS OR USE OF YOUR ARCULUS COLD STORAGE WALLET, OR ANY INFORMATION CONTAINED THEREIN.

(f)  ARCULUS DOES NOT PROVIDE FINANCIAL, TAX, OR LEGAL ADVICE. ARCULUS DOES NOT RECOMMEND, BUY, SWAP, EXCHANGE, SEND, OR RECEIVE TRANSACTIONS. 

(g) ARCULUS DOES NOT STORE DIGITAL ASSETS FOR YOU OR ON YOUR BEHALF. ALL OPERATIONS INVOLVING DIGITAL ASSETS USING THE ARCULUS COLD STORAGE WALLET SHOULD BE TAKEN BASED ON YOUR OWN KNOWLEDGE OR RELIANCE OR THE OPINION OF YOUR OWN LICENSED PROFESSIONAL.

(h) NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, OUR AND OUR REPRESENTATIVES’ TOTAL AGGREGATE, CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED THE REPLACEMENT COST OF AN ARCULUS CARD.

6.    Representation & Warranties By You. By however accessing and/or using the Arculus Cold Storage Wallet, You represent and warrant (and shall be deemed to represent and warrant) to Arculus on the date of such access or use, the following:

(a)   You are over eighteen (18) years of age or are of legal age to enter into a binding contract in Your jurisdiction and You have the right, power and authority to enter into this Agreement;

(b)   You are a resident, domiciled in thecountry listed in Your purchase transaction;

(c)    You are the owner of Your mobile device using the Arculus Cold Storage Wallet;

(d)   You will not use the Arculus Card and/or Arculus Cold Storage Wallet if any applicable laws in Your country prohibit You from doing so in accordance with this Agreement;

(e)    You acknowledge and agree that no regulatory authority has examined or approved Your Digital Asset transactions;

(f)    You acknowledge and agree that You have observed and complied with all applicable laws, regulations or rules in Your jurisdiction in connection with any Digital Asset storage or transaction in or through the Arculus Cold Storage Wallet at Your own expense and without liability to Arculus;

(g)   You acknowledge and agree that You are fully aware of and understand that You are not eligible to purchase any Digital Assets through the Arculus Cold Storage Wallet if: (i) You are on the Specially Designated Nationals List, or are a citizen, national or resident of a country on the Sanctions List as set forth by the Office of Foreign Assets Control, or (ii) You are a “restricted person” as defined by FINRA Rules 5130 and 5131 (as amended), or (iii)You are located in, under the control of, or a national or resident of (a) any international sanctioned countries, or (b) any country to which the United States has embargoed goods or services;

(h)   You acknowledge and agree that You are fully aware and understand that there are risks associated with the purchase, sale and holding of Digital Assets;

(i)    You acknowledge and agree that Arculus is not liable for any indirect, special, incidental, consequential or other losses of any kind in tort, contract or otherwise (including but not limited to loss of Digital Assets, income or profits; or loss of use or data; or loss of reputation; or loss of any economic or other opportunity of whatever nature or however arising) arising out of or in connection with Your use of the Arculus Cold Storage Wallet; and

(j)    You acknowledge and agree that all of the above representations and warranties are true, complete, accurate and not misleading from the time of Your last access to the Arculus Cold Storage Wallet.

7.    Intellectual Property. In connection with the Arculus Cold Storage Wallet and Your use thereof, Arculus retains all right, title, and interest in and to the Our brands, logos, and trademarks, including, but not limited to: Arculus, Our logo , and variations of the wording of the aforementioned brands, logos, and trademarks “Brands”). You have no right to use such Brands for any purpose or remove any such Brands from the Arculus Cold Storage Wallet without Our prior consent.

8.    Choice of Law. Your use of the Arculus Cold Storage Wallet and this Agreement, together with its application and interpretation, shall be governed exclusively by the laws of the State of New Jersey, without regard to its conflict of law rules. You consent to the exclusive jurisdiction of the federal and state courts located in New Jersey for any dispute arising under Your use of the Arculus Cold Storage Wallet or this Agreement.  THE PARTIES AGREE THAT ANY CLAIMS AGAINST THE OTHER UNDER THIS AGREEMENT MAY ONLY BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. TO THE MAXIMUM EXTENT OF THE LAW, NO COURT OF COMPETENT JURISDICTION MAY CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ANY RELIEF AWARDED TO ANY USER OF THE ARCULUS COLD STORAGE WALLET SERVICES CANNOT AND MAY NOT AFFECT ANY OTHER USERS.

9.    Severability. In the event any court shall declare any section or sections of this Agreement invalid or void, such declaration shall not invalidate the entire Agreement and all other paragraphs of the Agreement shall remain in full force and effect.

10. Binding Agreement. The terms and provisions of this Agreement are binding upon You, Your heirs, successors, assigns, and other representatives. We reserve the right to modify this Agreement from time to time.

11. Notices.  All notices, requests, demands and other communications under this Agreement shall be in writing and shall be deemed to have been delivered and received, if confirmation of receipt is available, (a) one (1) business day after having been sent by overnight courier and (b) on the same day when personally delivered or sent by email or facsimile by the sending party on a business day, or otherwise on the next succeeding business day thereafter.  If We need to communicate with You, then We will send notices to either Your home address or email address that We have on file.  If You need to communicate with Us, You must send notices at Our address set forth below.

Office of the General Counsel

Arculus Holdings, L.L.C.

309 Pierce Street

Somerset, NJ 08873, USA

legal@arculus.com

12.  Acknowledgement.  By using the Arculus Cold Storage Wallet, You confirm that You have read and understood Our Privacy Policy and understand how We collect, use, disclose and share Your Personally Identifiable Information (PII) and disclose such PII to Our authorized Third-Party Providers and relevant third parties. For more information, Our Privacy Policy is located here: https://www.getarculus.com/privacypolicy.

13. Third-Party Providers.  We and/or Our Third-Party Providers shall be entitled to assume that all instructions for transactions received from Your mobile device using the Arculus Cold Storage Wallet are Yours. We and/or Our Third-Party Providers shall be under no obligation whatsoever to verify that such instructions are in fact Yours.  You are aware that information transmitted from Us are generally transmitted via the Internet and may be routed via public, transnational installations which are not specifically protected. We cannot guarantee that Your instructions and information so transmitted will in fact be completely protected against any unauthorized access, and You accept these associated risks.  Any instructions sent by You to us shall only be deemed to be received by us when We and/or Our Third Party {Providers have successfully retrieved such instructions from the relevant system and duly informed You of such receipt. You agree that You shall be liable for any damage that may be caused through the use of the Internet, including without limitation loss, delay, misunderstandings, corrupted texts, unauthorized interceptions by third parties or duplicates.  You acknowledge and agree that in the event of any dispute arising in connection with Your use of the Arculus Cold Storage Wallet, that public blockchain records (including electronic and computer stored records) of all matters relating to Your use of Your Arculus Cold Storage Wallet (including its transaction history) at any specified date shall be conclusive evidence of their accuracy and authenticity and shall be binding on You for all purposes whatsoever. In addition, You agree to the admissibility of such documents without further requirement of proof of authenticity or accuracy in a court of competent jurisdiction under applicable evidentiary law, rules and/or regulations.

14.  Feedback.  If You have any feedback, questions or complaints, please contact us via email at contact@arculus.co. We will attempt to respond to You as soon as possible, for more complicated issues, it may take us up to fifteen (15) days to resolve and get back to You. You accept and agree that We shall not be responsible for any loss and damage incurred during such period.

15.   No Assignment.  This Agreement, and any rights and obligations and licenses granted hereunder, are limited, revocable, non-exclusive and personal to You and therefore may not be transferred, assigned or delegated by You to any third party without Our written consent, but may be transferred, assigned or delegated by Us without notice and restriction. Any attempted transfer or assignment by You in violation hereof shall be null and void.

16.   Indemnification.  You agree to indemnify and hold Arculus and its Third-Party Providers, and each of their Representatives, harmless from any third party claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any court of competent jurisdiction or regulatory authority) arising out of or related to (a) Your breach of any obligation in this Agreement; (b) Your use of the Arculus Cold Storage Wallet or Arculus card; and (c) Your violation of any applicable laws or regulations of any jurisdiction, or the rights of any third party.

17.   Entire Agreement.  You acknowledge and agree that this Agreement represents the final and complete contract between Us and You, and it shall be binding upon, and inure to the benefit of, Us and You and each of our respective beneficiaries, successors and assigns, and supersedes all prior documents, representations, and understandings between Us that may relate to the subject matter of the Agreement.  No other understanding, oral or otherwise, regarding the subject matter of the Agreement shall be deemed to exist or bind either of Us.  You acknowledge and agree that You had the opportunity to have the Agreement reviewed by an attorney of Your choosing.