Terms of Service

These Terms of Service (“Terms”) constitute a binding legal agreement between you (“User,” “you”) and Arcex Inc., a British Virgin Islands registered company (“Arcex,” “we,” “us”). Arcex provides non-custodial software services and does not operate as a Virtual Asset Service Provider (VASP) as deﬁned by the BVI Virtual Assets Service Providers Act.

DEFINITIONS

Arcex Platform or Platform: (arcex.app), mobile applications, and any related software,
Digital Assets: , tokens, and other digital assets that can be traded via the Services.
Non-Custodial: where Arcex does not have possession, custody, or control over your Digital Assets or private keys at any time.
Orderly Network: decentralized protocol for perpetual futures trading that the Arcex Platform provides an interface to.
Hyperliquid Protocol: decentralized, permissionless, and community-driven blockchain protocol for perpetual futures and spot trading that the Arcex Platform provides an interface to.
XYZ Protocol: decentralized, permissionless protocol (accessible via
Protocol: decentralized, permissionless protocol (Hyperliquid `vntl` dex, accessible via Ventuals) that runs on the Hyperliquid blockchain for secondary-market style perpetual futures trading and that the Arcex Platform provides an interface to. x Protocol The third-party decentralized protocol for spot trading that the Arcex Platform provides an interface to.
Derive Protocol: decentralized protocol for crypto asset options and derivatives trading that the Arcex Platform provides an interface to.
Polymarket Protocol: decentralized prediction market protocol that the Arcex Platform provides an interface to.
Restricted Locations: where the use of the Arcex Platform is prohibited, as detailed in Section 3 (Prohibited Jurisdictions).
Services: interface and related functionalities provided by Arcex to allow users to interact with third-party decentralized protocols.

AGREEMENT & ELIGIBILITY

By clicking “Get Started,” creating an account, or using the Services, you represent and warrant that you: (a) are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater; (b) have the full right, power, and authority to agree to these Terms; (c) are not located in, under the control of, or a national or resident of any Restricted Location; and (d) have not been previously suspended or removed from using our Services.
If you do not agree to these Terms, you must immediately cease using the Services.

PROHIBITED JURISDICTIONS

The Services are not available in The United States, United Kingdom, Australia, Austria, Canada (including Ontario), China (Mainland), Hong Kong, Macau, Russia, Belarus, Comoros, France, Germany, Netherlands, Spain, Iran, North Korea, Syria, Cuba, Myanmar (Burma), Sudan, South Sudan, Afghanistan, Yemen, Iraq, Libya, Somalia, Ethiopia, Eritrea, Central African Republic, Venezuela, Lebanon, Pakistan, Bangladesh, Ukraine, the Crimea, Donetsk, and Luhansk regions, Zimbabwe, Singapore, Poland, Thailand, Belgium, Taiwan, and any other jurisdiction where such services would be illegal. You agree not to use any technology, such as a VPN, to circumvent these restrictions.

THE SERVICES: A NON-CUSTODIAL INTERFACE

The Arcex Platform is a non-custodial software interface. Arcex does not hold, control, or custody any of your funds, private keys, or Digital Assets. Your interactions occur directly with third-party protocols.
Third-Party Protocols: The Services provide an interface to the x Protocol (for spot trading), Orderly Network (for perpetual futures), Hyperliquid Protocol (for perpetual futures and spot trading), XYZ Protocol (for trading on Hyperliquid), the Ventuals Protocol (for secondary-market style perpetual futures on Hyperliquid), the Derive Protocol (for options and derivatives), and the Polymarket Protocol (for prediction markets). Your use of these protocols is at your sole risk and is subject to their respective terms and conditions. Arcex is not a party to any transaction you execute on these protocols.
No Fiduciary Duty: Arcex is a technology provider only. We are not your broker, agent, or advisor and have no ﬁduciary duty to you. We do not provide ﬁnancial, investment, legal, or tax advice.

USER ACCOUNT AND SECURITY

Your Responsibility: You are solely responsible for all activities that occur under your account and for the security of your wallet, private keys, and passwords. Any loss or compromise of this information may result in the permanent loss of your Digital Assets.
Mobile Security: If you use our mobile application, you are responsible for securing your device. The “Transfer Account” feature must be used by you to migrate keys to a new device. Arcex shall not be liable for any loss of funds or access resulting from a lost or compromised device or your failure to properly manage account transfers.

RISK DISCLOSURE

Trading Digital Assets, including spot, perpetual futures, and options, as well as participating in prediction markets, is extremely risky. You acknowledge and accept the inherent risks, including but not limited to:

Market Volatility
The value of Digital Assets can ﬂuctuate dramatically. You may lose your entire investment.
Leverage Risk
Trading perpetual futures and options often involves leverage, which can amplify both gains and losses. A small market movement can have a disproportionately large eﬀect on your funds, and you could lose more than your initial collateral.
Liquidation Risk
Leveraged positions are subject to liquidation if you fail to maintain required margin levels. This can result in the forced closure of your positions and the total loss of your collateral.
Options and Derivatives Risk
Trading options and other derivatives carries unique risks, including the risk of expiration, complex pricing models, and settlement risk. These instruments are volatile and suitable only for sophisticated users.
Prediction Market Risk
Participating in prediction markets is inherently unpredictable. You may lose some or all of the funds you commit to prediction market positions. Prices can change, and outcomes are not guaranteed.
Smart Contract Risk
The Services interact with third-party smart contract protocols. These protocols may contain bugs, exploits, or vulnerabilities that could result in the total loss of your funds. Arcex has no control over and is not responsible for the security or integrity of these third-party protocols.
Regulatory Uncertainty
The legal and regulatory landscape for Digital Assets, derivatives, and prediction markets is constantly evolving. Changes in regulations could materially impact the Services and your ability to use them.
No Fiduciary Duty
Arcex provides a technology interface and does not act as your advisor. All trades and prediction market positions are your own, and you are solely responsible for evaluating the risks.

PREDICTION MARKETS

Interface to Polymarket: The Arcex Platform provides an interface to the Polymarket Protocol, a decentralized prediction market platform. Arcex is not a market maker, does not set prices, and is not a party to any prediction market position you take.
Market Rules: All prediction market positions are subject to the rules and procedures of the Polymarket Protocol. You are responsible for understanding these rules before taking any position.
Responsible Participation: Arcex encourages responsible participation in prediction markets. You should never commit more funds than you can aﬀord to lose. Prediction markets involve substantial risk, and you should carefully consider your ﬁnancial situation before participating.

FEES AND TAXES

Fees: Fees for trades, prediction market transactions, withdrawals, and network transactions (gas) are charged by third-party protocols or blockchain networks. You are responsible for all such fees. Arcex, at its sole discretion, may choose to subsidize or pay for certain fees on your behalf. Arcex is under no obligation to oﬀer such beneﬁts and may modify or terminate them at any time without notice.
Taxes: You are solely responsible for determining, reporting, and remitting all applicable taxes arising from your trading and prediction market activities.

PIPS, LOYALTY POINTS, AND PROMOTIONAL REWARDS

Internal Engagement Metric: "Pips," "Tier Credits," "Pip Tier," and any similar loyalty-program units shown in the Arcex Platform (collectively, "Pips") are an internal engagement metric maintained by Arcex at its sole discretion. Pips track activity such as trading, referrals, and promotional events.
Not Redeemable: Pips are NOT currently redeemable for cash, cryptocurrency, tokens, fee discounts, or any other beneﬁt. Arcex makes no promise, guarantee, or representation that Pips will ever be redeemable, that any future redemption mechanism will be made available, or that any such mechanism (if oﬀered) will use any particular conversion rate, timeframe, or eligibility criteria.
No Monetary Value: Pips have no monetary value, no cash-equivalent value, and no implied or imputed value of any kind. Pips are not a security, a currency, a digital asset, a token, an investment contract, a ﬁnancial instrument, a deposit, a claim on any Arcex assets or revenue, or property of any kind. Pips confer no ownership, voting, dividend, distribution, equity, or governance rights in Arcex Inc. or any aﬃliate. Any references in the Arcex Platform, marketing materials, in-app messaging, or communications to Pips being redeemable "soon," "in the future," or similar phrasing describe possible (but not committed) directions and shall not be relied upon for any decision.
Discretion to Modify or Terminate: Arcex may, at its sole and absolute discretion and without notice or liability, (a) modify the rate at which Pips are awarded, (b) adjust, recalculate, or correct individual Pip balances, (c) expire, reset, or forfeit any or all Pip balances, (d) suspend, restrict, or terminate any user's participation in any rewards program, and (e) discontinue the Pips program (and any related referral or promotional program) in whole or in part at any time. The same discretion applies to all other promotional rewards, including but not limited to scratch-oﬀ rewards, cash referral rewards, fee-tier credits, and any future incentive programs.
Cash Referral Rewards: Where Arcex oﬀers cash referral payouts (or similar ﬁat-denominated rewards), eligibility, payout amounts, payout caps, minimum thresholds, processing times, available payment rails, and approval procedures are determined by Arcex in its sole discretion. Arcex may decline, delay, or claw back any payout that it reasonably suspects is the result of fraud, self-referral, abuse, sybil/multi-account activity, wash trading, or any violation of these Terms or applicable law. Cash referral rewards (including pending or accrued amounts) do not constitute a debt, account balance, or vested right of any kind, and may be reduced or eliminated retroactively in connection with program changes or compliance reviews.
No Tax or Legal Advice: Arcex does not provide tax or legal advice with respect to any rewards program. You are solely responsible for determining the tax treatment of any rewards you may receive (including, where applicable, cash referral payouts) and for reporting and remitting any applicable taxes.

INTELLECTUAL PROPERTY RIGHTS

Arcex grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use.
All rights, title, and interest in the Arcex Platform, including all intellectual property, are and shall remain the exclusive property of Arcex Inc. and its licensors.

SUSPENSION AND TERMINATION

We reserve the right to suspend or terminate your access to the Services at our sole discretion, without notice, for any reason, including but not limited to: (a) a violation of these Terms; (b) a requirement by law or a government body; (c) suspicious or fraudulent activity.

DISCLAIMERS AND LIMITATION OF LIABILITY

THIS SECTION IS CRITICAL. PLEASE READ IT CAREFULLY.

NO WARRANTIES: THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ARCEX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT.
DISCLAIMER OF LIABILITY FOR TECHNICAL ISSUES: ARCEX IS NOT LIABLE FOR ANY LOSSES YOU INCUR AS A RESULT OF YOUR INABILITY TO ACCESS THE ARCEX PLATFORM, WHETHER DUE TO PLANNED OR UNPLANNED DOWNTIME, TECHNICAL DIFFICULTIES, SOFTWARE BUGS, PLATFORM MAINTENANCE, CYBER-ATTACKS, OR ANY OTHER REASON. YOU ACKNOWLEDGE THAT YOU MAY BE UNABLE TO ACCESS YOUR ACCOUNT, MANAGE YOUR POSITIONS, OR EXECUTE TRADES AND PREDICTION MARKET TRANSACTIONS DURING SUCH TIMES, WHICH MAY RESULT IN SIGNIFICANT FINANCIAL LOSS, AND YOU AGREE THAT ARCEX SHALL HAVE NO LIABILITY FOR SUCH LOSSES.
DISCLAIMER OF LIABILITY FOR THIRD-PARTY PROTOCOLS: ARCEX HAS NO CONTROL OVER AND ASSUMES NO RESPONSIBILITY FOR THE FUNCTIONALITY, SECURITY, OR AVAILABILITY OF THE X PROTOCOL, ORDERLY NETWORK, HYPERLIQUID PROTOCOL, XYZ PROTOCOL, VENTUALS PROTOCOL, DERIVE PROTOCOL, POLYMARKET PROTOCOL, OR ANY OTHER THIRD-PARTY PROTOCOL. WE SHALL NOT BE LIABLE FOR ANY LOSSES ARISING FROM THE FAILURE, EXPLOIT, OR MALFUNCTION OF THESE PROTOCOLS.
DISCLAIMER OF LIABILITY FOR MARKET DATA: While we strive to provide accurate market data, the data displayed on the Arcex Platform is sourced from third parties and may be delayed, inaccurate, or incomplete. You should not rely on this data for trading or prediction market decisions without independent veriﬁcation. Arcex is not liable for any losses resulting from reliance on such data.
LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ARCEX, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF FUNDS, PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.
LIABILITY CAP: IN THE UNLIKELY EVENT THAT ARCEX IS FOUND LIABLE, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Arcex Inc. and its aﬃliates, directors, oﬃcers, employees, and agents from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to your use of the Services, your violation of these Terms, or your interaction with any third-party protocol.

GOVERNING LAW AND DISPUTE RESOLUTION

Governing Law: These Terms are governed by the laws of the British Virgin Islands, without regard to its conﬂict of law principles.
Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms shall be ﬁnally resolved by binding arbitration administered by the British Virgin Islands International Arbitration Centre (BVIIAC) in accordance with its rules. The seat of arbitration shall be the British Virgin Islands.
No Class Actions: YOU AGREE THAT ANY CLAIMS AGAINST ARCEX MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING.

ELECTRONIC COMMUNICATIONS

You consent to receive all communications, agreements, documents, notices, and disclosures (collectively, “Communications”) that we provide in connection with your account and your use of the Services electronically.

FORCE MAJEURE

Arcex shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, riots, network infrastructure failures, or acts of civil or military authorities.

MISCELLANEOUS

Entire Agreement: These Terms constitute the entire agreement between you and Arcex regarding the subject matter hereof.
Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and eﬀect.
Survival: Sections (Risk Disclosure), (Prediction Markets), (Fees and Taxes), (Pips, Loyalty Points, and Promotional Rewards), (Disclaimers and Limitation of Liability), (Indemniﬁcation), (Governing Law and Dispute Resolution), and (Miscellaneous) shall survive any termination or expiration of these Terms.
Assignment: You may not assign your rights or obligations under these Terms without our prior written consent.

CONTACT

For support or questions, contact us at hello@arcex.app.