Terms and Conditions

1. Acceptance of Terms and Legally Binding Agreement

By accessing, browsing, downloading, registering for, interacting with, or otherwise using Arbipay ("the Platform", "we", "us", or "our"), including any of its subdomains, decentralized applications (dApps), smart contracts, application programming interfaces (APIs), software development kits (SDKs), widgets, browser extensions, and any associated software or services (collectively, the "Services"), you ("User", "you", "your", "Client") acknowledge that you have read, understood, and agree to be irrevocably bound by these Terms and Conditions ("Terms"). These Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity, and Arbipay concerning your access to and use of the Arbipay ecosystem.

If you do not agree with all of these Terms, you are expressly prohibited from using the Platform and you must discontinue use immediately. We reserve the right to deny access to the Platform to anyone at any time for any reason, including but not limited to, for violation of these Terms.

Supplemental terms and conditions, policies, or documents that may be posted on the Platform from time to time—including our Privacy Policy, Cookie Policy, Risk Disclaimer, Anti-Money Laundering (AML) Policy, and API Terms of Use—are hereby expressly incorporated herein by reference. Arbipay reserves the right, in its sole and absolute discretion, to make changes or modifications to these Terms at any time and for any reason without prior notice to you. We will alert you about any changes by updating the "Last updated" date of these Terms, and you waive any right to receive specific notice of each such change. Your continued use of the Platform after the date such revised Terms are posted constitutes your binding acceptance of the changes. You are strongly advised to periodically review these Terms to stay informed of updates.

2. Definitions and Interpretation

For the purposes of these Terms, the following capitalized terms shall have the meanings ascribed to them below:

• "AMM" means Automated Market Maker, a type of decentralized exchange protocol that relies on a mathematical formula to price assets.
• "Blockchain" means a distributed, immutable ledger technology, including but not limited to Ethereum, Binance Smart Chain, Polygon, and Arbitrum.
• "Digital Assets" means cryptographic tokens, digital currencies, cryptocurrencies, or virtual commodities (e.g., ETH, BTC, stablecoins) existing on a supported Blockchain.
• "DEX" means Decentralized Exchange, a peer-to-peer marketplace where transactions occur directly between crypto traders.
• "Gas" or "Network Fees" means the transaction fee required to execute a smart contract operation or transfer Digital Assets on a Blockchain.
• "MEV" means Miner Extractable Value or Maximal Extractable Value, referring to the maximum value that can be extracted from block production in excess of the standard block reward and gas fees.
• "Slippage" means the difference between the expected price of a trade and the price at which the trade is actually executed.
• "Smart Contract" means a self-executing code deployed on a Blockchain that automatically enforces the terms of an agreement or transaction.
• "Wallet" means a cryptographic storage mechanism, whether hardware or software-based, that holds Public and Private Keys and allows for the storage and transfer of Digital Assets.

3. Description of the Platform and Services

Arbipay is an advanced, non-custodial, decentralized aggregation and automated execution routing protocol designed to identify and execute arbitrage opportunities across various decentralized exchanges (DEXs) deployed on EVM-compatible blockchains. The Platform provides users with tools, analytics, interfaces, and smart contract architecture to interact directly with third-party liquidity pools and automated market makers (AMMs).

3.1 Non-Custodial Nature: Arbipay is strictly a technology provider. We do not act as your financial advisor, broker, dealer, asset manager, or custodian. At no point does Arbipay take custody, control, or possession of your digital assets, cryptographic tokens, or private keys. All transactions are executed via autonomous smart contracts deployed on public blockchains, and settlement occurs directly to your self-custody wallet.

3.2 Third-Party Integrations: The Platform routes trades through third-party DEXs (e.g., Uniswap, PancakeSwap, Curve). Arbipay has no control over these external protocols. We do not guarantee the availability, liquidity, or security of any third-party protocol. Any reliance on the platform to execute trades through these third parties is done entirely at your own risk.

3.3 Execution Delays and Failures: You acknowledge that blockchain networks are subject to congestion, variable block confirmation times, and shifting gas economics. An arbitrage opportunity displayed on the Arbipay interface may cease to be profitable or executable by the time a transaction is mined. Arbipay employs Flashbots and private RPCs to minimize slippage and MEV extraction, but we do not guarantee the success of any transaction.

4. Comprehensive Risk Disclosures

Trading cryptographic tokens, particularly engaging in latency-sensitive decentralized arbitrage, involves a uniquely high degree of risk. You must carefully consider whether such activities are suitable for your financial situation, risk tolerance, and technical expertise.

4.1 Smart Contract Risks: While Arbipay's proprietary smart contracts undergo rigorous testing and security audits, the decentralized finance (DeFi) ecosystem remains experimental. Smart contracts are inherently subject to vulnerabilities, bugs, logic errors, and exploits. In the event of a smart contract failure—whether originating from Arbipay's contracts or third-party protocols—you may suffer a total loss of your assets. You explicitly waive any right to hold Arbipay liable for such losses.

4.2 Market and Liquidity Risks: Cryptocurrency markets are notoriously volatile. Prices can fluctuate wildly within milliseconds. Furthermore, liquidity pools can be drained, imbalanced, or manipulated by malicious actors (e.g., via flash loan attacks or sandwich attacks). Arbipay is not responsible for losses resulting from market volatility, slippage, or liquidity crises.

4.3 Regulatory Risks: The regulatory environment surrounding digital assets and decentralized finance is rapidly evolving and highly uncertain. Governments or regulatory bodies may implement laws, regulations, or directives that severely impact the operation, legality, or value of the Platform or the digital assets you interact with. Arbipay may be forced to suspend operations, restrict access to certain jurisdictions, or alter its services to comply with legal mandates.

4.4 Network and Protocol Risks: Arbipay operates on public blockchains (e.g., Ethereum, Binance Smart Chain). These underlying protocols may experience hard forks, network congestion, 51% attacks, or consensus failures. Arbipay has no control over these layer-1 or layer-2 networks and is not responsible for any adverse effects resulting from network instability.

4.5 Oracle Risks: Decentralized applications often rely on third-party oracles (e.g., Chainlink) to provide external data (like price feeds) to smart contracts. If an oracle fails, is manipulated, or reports inaccurate data, it can trigger unintended smart contract executions, liquidations, or mispricing. Arbipay cannot control third-party oracles and is not responsible for oracle failures.

5. User Eligibility, Representations, and Warranties

By accessing or using the Platform, you represent, warrant, and covenant that:

• Legal Capacity: You are of legal age in your jurisdiction of residence (at least 18 years old in most jurisdictions) and have the full legal capacity to enter into and comply with these Terms.
• Accuracy of Information: Any information you provide to Arbipay, including wallet addresses and registration details, is accurate, complete, and up-to-date.
• Lawful Use: You will not use the Platform for any illegal, fraudulent, or unauthorized purpose, including but not limited to money laundering, terrorist financing, or market manipulation.
• Sanctions and Export Controls: You are not currently residing in, nor are you a citizen of, a jurisdiction subject to comprehensive sanctions by the United States Office of Foreign Assets Control (OFAC), the European Union, the United Nations, or any other applicable regulatory body. You are not designated on any list of prohibited or restricted parties.
• Tax Compliance: You are solely responsible for determining what, if any, taxes apply to your transactions and for accurately reporting and remitting the correct taxes to the appropriate tax authorities. Arbipay does not provide tax advice.
• Sophistication: You are a sophisticated purchaser/user of cryptographic tokens and fully understand the mechanics, risks, and implications of using automated trading software and smart contracts.

6. Anti-Money Laundering (AML) and Know Your Customer (KYC)

Although Arbipay primarily operates as a non-custodial decentralized platform, we reserve the right, at any time, to implement KYC, AML, and Counter-Terrorism Financing (CTF) procedures if required by applicable law or if we reasonably suspect illegal activity. You agree to cooperate fully with any such requests and provide accurate and complete documentation to verify your identity and the source of your funds. Failure to comply may result in immediate suspension or termination of your access to the Platform.

We utilize blockchain analytics tools to monitor wallet addresses connecting to our platform. We reserve the right to freeze, block, or blacklist any wallet address that is flagged by our analytics partners as being associated with illicit activities, darknet markets, mixing services (e.g., Tornado Cash), scams, or ransomware.

7. Prohibited Activities and Acceptable Use

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform strictly in accordance with these Terms. You agree that you will not:

• Engage in any activity that could damage, disable, overburden, or impair the functioning of the Platform or its underlying infrastructure.
• Attempt to gain unauthorized access to the Platform, smart contracts, servers, or networks connected to Arbipay, whether through hacking, password mining, or any other means.
• Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Platform or to extract data.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software, algorithm, or smart contract associated with the Platform.
• Introduce any viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful material.
• Use the Platform to execute "front-running," "griefing," or "sandwich attacks" against other users, or engage in any form of malicious Miner Extractable Value (MEV) extraction that harms the ecosystem.
• Impersonate or attempt to impersonate Arbipay, an Arbipay employee, another user, or any other person or entity.
• Circumvent or attempt to circumvent any geographical restrictions or geo-blocking mechanisms implemented by Arbipay.
• Use the Platform to engage in wash trading, spoofing, layering, or any other form of market manipulation.
• Upload or transmit any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

8. Account Security and Wallet Responsibility

You are entirely responsible for maintaining the confidentiality and security of your web3 wallet, private keys, seed phrases, and passwords. Arbipay does not store and has no access to your private keys or seed phrases. If you lose access to your wallet, any funds stored therein may be permanently lost. Arbipay cannot assist you in recovering lost funds or restoring access to your wallet. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

9. Fees, Gas, and Financial Obligations

9.1 Network Fees (Gas): Every transaction executed on a blockchain network requires the payment of network fees, commonly known as "gas." You are solely responsible for paying all gas fees associated with your interactions with the Arbipay smart contracts. Arbipay does not receive these fees, nor can we control their price or volatility.

9.2 Platform Performance Fees: Arbipay may charge a performance fee or commission on successful arbitrage executions. These fees are dynamically calculated and automatically deducted from the generated profit within the atomic transaction. By initiating a trade, you explicitly consent to the deduction of these fees. The fee structure is subject to change at our sole discretion, and updated fee schedules will be reflected in the Platform's smart contracts and user interface.

9.3 Failed Transactions: If an arbitrage transaction fails to execute—due to slippage, insufficient gas, or disappearing liquidity—you may still incur gas costs. Arbipay is not responsible for reimbursing any gas fees lost to failed transactions.

9.4 Subscription Fees: If you opt into premium tiers of the Arbipay platform (e.g., Arbipay Pro), you agree to pay any applicable subscription fees. These fees are non-refundable, except as explicitly stated in our Refund Policy.

10. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Platform at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Platform. We also reserve the right to modify or discontinue all or part of the Platform without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Platform.

We cannot guarantee the Platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform.

11. Third-Party Websites and Content

The Platform may contain links to third-party websites or services that are not owned or controlled by Arbipay. Arbipay has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Arbipay shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

12. Intellectual Property Rights

The Platform and its entire contents, features, functionality, algorithms, UI/UX designs, branding, logos, trademarks, and service marks are owned by Arbipay, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You are permitted to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.

No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by Arbipay.

13. User Feedback and Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Platform ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

14. Limitation of Liability and Disclaimers

14.1 "AS IS" and "AS AVAILABLE" Basis: THE PLATFORM, SMART CONTRACTS, AND ALL ASSOCIATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ARBIPAY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND COURSE OF DEALING OR USAGE OF TRADE.

14.2 No Guarantee of Profit: WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE DO NOT GUARANTEE THAT ANY ARBITRAGE OPPORTUNITY WILL BE PROFITABLE, OR THAT TRANSACTIONS WILL EXECUTE AS INTENDED. PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS.

14.3 Maximum Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ARBIPAY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM.

IN NO EVENT SHALL ARBIPAY'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PLATFORM EXCEED THE GREATER OF ONE HUNDRED US DOLLARS ($100.00 USD) OR THE TOTAL FEES PAID BY YOU TO ARBIPAY IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

15. Indemnification

You agree to defend, indemnify, and hold harmless Arbipay, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Platform, including your interactions with smart contracts and third-party protocols; (c) your violation of any applicable laws, rules, or regulations; or (d) your violation of any rights of another party, including intellectual property or privacy rights.

16. Dispute Resolution and Binding Arbitration

Please read this section carefully, as it affects your legal rights, including your right to file a lawsuit in court.

16.1 Informal Resolution: Prior to initiating any formal legal proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Platform ("Dispute") informally by contacting Arbipay legal counsel at legal@arbipay.finance. You and Arbipay agree to negotiate in good faith for a period of no less than sixty (60) days.

16.2 Binding Arbitration: If the Dispute cannot be resolved informally, you and Arbipay agree that any and all Disputes shall be resolved exclusively through final and binding arbitration, rather than in court. The arbitration shall be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration shall take place in a mutually agreed upon location or via remote video conferencing.

16.3 Class Action Waiver: YOU AND ARBIPAY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

17. Time Limit on Claims

YOU AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO YOUR RELATIONSHIP WITH ARBIPAY MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, YOUR CLAIM IS PERMANENTLY BARRED.

18. Governing Law

These Terms and your use of the Platform shall be governed by and construed in accordance with the internal laws of the State of Delaware, United States, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

19. Force Majeure

Arbipay shall not be held liable or responsible to you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Arbipay, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage, or any failure, exploit, or congestion of the underlying blockchain networks.

20. Privacy and Data Protection

Your privacy is deeply important to us. Our data collection, usage, and sharing practices are detailed comprehensively in our Privacy Policy, which is incorporated by reference into these Terms. By using the Platform, you acknowledge and consent to the collection and processing of your personal and non-personal data as described in the Privacy Policy.

You acknowledge that due to the immutable and public nature of blockchain technology, transactions executed via Arbipay's smart contracts, including your wallet address and transaction amounts, are permanently recorded on public ledgers. Arbipay cannot erase, alter, or hide this on-chain data, and you consent to the public broadcasting of your transaction history by utilizing the Platform.

21. Severability

If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. The remaining provisions of these Terms will continue in full force and effect.

22. Waiver

No waiver by Arbipay of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Arbipay to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

23. Assignment

You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Platform account, in any way (by operation of law or otherwise) without Arbipay's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

24. Entire Agreement

These Terms, together with the Privacy Policy, AML Policy, and any other legal notices published by Arbipay on the Platform, shall constitute the entire agreement between you and Arbipay concerning the Platform. They supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.

25. Electronic Communications, Transactions, and Signatures

Visiting the Platform, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PLATFORM.

26. Term and Termination

These Terms shall remain in full force and effect while you use the Platform. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

27. Survival

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

28. Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

29. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

30. Acknowledgment

BY USING THE PLATFORM OR ACCESSING THE SMART CONTRACTS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

31. Contact Information

If you have any questions, concerns, or legal inquiries regarding these Terms and Conditions, please reach out to our team using the following contact information. We strive to respond to all legal inquiries within 72 business hours.