Core Terms and Conditions of Use

Contents

Introduction

  1. Definitions and Interpretation
    • 1.1 Definitions
    • 1.2 Construction
  2. Updates to Terms and Conditions
  3. Disclaimer
  4. Communication
  5. User representation and warranties; Eligibility
  6. Account and Services
    • 6.1 Our Services
    • 6.2 Free Account Features
    • 6.3 Premium Account Features
    • 6.4 Amendment of Subscription Tiers
    • 6.5 Free Trial Periods
    • 6.6 The Strategy Template Store
  7. Account Set Up and Registration
    • 7.1 Accessing our Platform
    • 7.2 Account Registration
    • 7.3 Account Security
    • 7.4 Information Accuracy
    • 7.5 Account Balance
  8. Subscriptions, Payments and Cancellation
    • 8.1 Subscriptions
    • 8.2 Payments
    • 8.3 Cancellation and Refunds
  9. General Uses
    • 9.1 License Grant and Usage Restrictions
    • 9.2 Accuracy of the Website, the Services, and Related Media
    • 9.3 Relationship of the Parties
    • 9.4 Availability
    • 9.5 Right to pause, stop or block or terminate
    • 9.6 No investment services
    • 9.7 No Signal Providers and/or Copy Traders
  10. Third Party Exchanges
    • 10.1 Third Party Fees
    • 10.2 Third Party Connections
    • 10.3 Third Party Action
  11. INTELLECTUAL PROPERTY
    • 11.1 All Rights Reserved
    • 11.2. No right to use
  12. Risk Disclosures
  13. Indemnification
  14. Limitation of Liability
  15. No Waiver
  16. Governing Law and Jurisdiction
  17. Privacy Policy
  18. Miscellaneous
    • 18.1 Assignment
    • 18.2 Severability
    • 18.3 Force Majeure
    • 18.4 Survival
    • 18.5 Third Party Rights
    • 18.6 Entire Agreement
  19. Contact Information

Introduction

These Terms and Conditions are a legal and binding contract between Arrow Algo Ltd, its successors and assigns (hereinafter ”Arrow Algo“, “ our ”, “ us ” or “ we ”), and the party or parties (the ” User “, “ you ” or “ your ”) accessing and/or using the Services.

The Terms and Conditions, together with all other agreements, acknowledgments and authorisations by User in connection with the registration or maintenance of an account with Arrow Algo and the use of the Services, including but not limited to the Terms and Conditions and the Privacy Policy, which are found on our website (together the “ Terms ”) represent the terms with which Arrow Algo will provide the Services to the User. The Terms set out the respective rights and obligations of both parties in connection with the Services and both parties will accept and be bound by these terms on acceptance of the terms and conditions contained herein. User agrees that the following rights and obligations will govern the relationship between Arrow Algo and User.

IMPORTANT NOTICE: Please examine the terms, as they govern your engagement with Arrow Algo. If there is any disagreement with any part of the terms, accessing any services or products offered by or through Arrow Algo is prohibited.

By registering, maintaining an account, or accessing and using our services, you acknowledge and confirm the following: (i) Understanding of Terms: You have read and comprehend your obligations and rights outlined in the Terms and Conditions and the Privacy Policy. These collectively constitute the full terms and conditions governing your relationship with Arrow Algo. (ii) Responsibility for Decisions: You agree that you are fully responsible for all decisions regarding transactions conducted for your account. (iii) No protection: You acknowledge and agree that the software is experimental and, therefore, holds no responsibility for any financial losses. Your discretion and sole responsibility govern your use of the software. It is essential to understand that Arrow Algo does not fall under the jurisdiction of the Financial Ombudsman Service, has no protection under the Financial Services Compensation Scheme, and is not subject to the jurisdiction or protection of either of these schemes. (iv) Awareness of Risks: You are cognisant of the risks associated with trading and investing in any asset class, particularly including, but not limited to, digital assets and digital asset derivatives, as well as understand the risks of social trading and copy trading. (v) Assumption of Risks: You assume all risks related to the use of your account and trading in any asset class, particularly including, but not limited to, digital assets, digital asset derivatives, as well as social trading and copy trading. (vi) Acknowledgement of Trading Bots and Social Trading: You are aware of and assume all risks related to the use of trading bots and social trading. (vii) Limitation of Arrow Algo’s Liability: Arrow Algo shall not be held liable for any such risks or adverse outcomes. (viii) Financial Capability Declaration: You declare that, considering your present and anticipated financial resources, you are willing and able to assume the substantial financial risks of trading in any asset class, particularly including, but not limited to, digital assets, digital asset futures, digital asset derivatives, and the use of trading bots and social trading. (ix) Educational Responsibility: While Arrow Algo may offer some educational resources, it is your responsibility to gather all necessary information about trading in all asset classes, particularly including, but not limited to, digital assets, digital asset derivatives, as well as social trading and copy trading, ensuring that all risks and arrangements are clearly understood before engaging in any trading activity or using the services.

1. Definitions and Interpretation

1.1 Definitions

“Account” shall mean the Account opened by Arrow Algo for the User which provides access to the Services.

“Agreement” shall include these Terms and Conditions and all other agreements and authorisations executed by User in connection with the registration or maintenance of an account with Arrow Algo and the use of the Services.

“API” shall mean Application Programming Interfaces provided by Arrow Algo.

“Content” shall mean any information or documents or images on the Website, and its related sites and mobile applications, data available through any APIs, and any information, documents or images on Arrow Algo accounts in any third-party social media platforms, including but not limited to Twitter, LinkedIn, Instagram, Telegram, Facebook, Discord, Github, Medium, YouTube, TikTok and Reddit.

“Copy Trading” is a form of social trading where users have the option to automatically replicate the trades executed by another trader, often referred to as the “signal provider” or “master trader.” In this context, individuals can mimic the trading decisions of other investors, allowing for a more passive and automated approach.

“Digital Asset Derivatives” shall mean contracts between two or more parties whose value is based on an underlying digital asset. This term encompasses, but is not limited to, Options, Perpetual Swaps, Futures, and other instruments such as forwards, and contracts for difference.

“Derivatives” shall mean contracts between two or more parties whose value is based on an underlying asset including, but not limited to equities, digital assets, bonds, foreign currency exchange and commodities. This term encompasses, but is not limited to, Options, Perpetual Swaps, Futures, and other instruments such as forwards, and contracts for difference.

“Digital Asset Exchange” shall mean the digital asset exchanges and digital assets trading platforms, operated by third-parties, who you hold an account with and through our software, you will be instructing buy and sell orders.

“Digital Assets” shall mean encrypted currencies or digital assets or digital tokens or Digital currencies or cryptocurrencies which are based on distributed ledger technology and can be digitally traded, or transferred. For the avoidance of doubt, Bitcoin and Ethereum are examples of Digital Assets.

“Exchange” shall mean the asset exchanges and trading platforms operated by third-parties, who you hold an account with and through our software, you will be instructing buy and sell orders.

“Assets” shall refer to a diverse range of financial instruments and commodities that can be traded or transferred digitally. This includes, but is not limited to, traditional currencies, commodities, equities, cryptocurrencies and other financial instruments, irrespective of their physical form.

“Intellectual Property Rights” shall include, but not limited to, any registered or unregistered patents, database rights, data protection rights, trademarks, trade secrets, trade names, corporate names, service marks, tag lines and descriptors, domain names, design, structure, layouts, graphical images, typography, colour palettes, and copyrightable works, including but not limited to software applications, underlying source code, stationery, signage, promotional items, advertising and marketing materials, press releases, photographs, forms, and electronic media.

“Prohibited Activities” shall encompass actions explicitly restricted by Arrow Algo, as delineated throughout these Terms and Conditions.

“Prohibited Jurisdiction” shall mean (i) Afghanistan; Belarus; Bosnia and Herzegovina; Burundi; Central African Republic; Cuba; El Salvador; Democratic People’s Republic of Korea (DPRK – North Korea); Democratic Republic of the Congo; Guinea; Guinea-Bissau; Haiti; Iran; Iraq; Lebanon; Libya; Malawi; Mali; Moldova; Myanmar (Burma); Nicaragua; Niger; Palestine; Republic of the Côte d’Ivoire; Russia; South Sudan; Sudan; Somalia; Syria; The People’s Republic of China; Ukraine; Venezuela; Yemen; Zambia; Zimbabwe; (ii) any state, country or other jurisdiction that is sanctioned and/or embargoed by the United States of America, the European Union and/or Switzerland; (iii) a jurisdiction where it would be illegal according to local law or regulation for you to access or use the Website; or (iv) where the provision or availability of the Website is prohibited or contrary to local law or regulation, or could subject Arrow Algo to any local registration, regulatory or licensing requirements.

“Services” shall mean all the services provided by Arrow Algo, as described in Section 6 and others herein.

“Trading Bot” shall mean a trading strategy built within Arrow Algo software which has an element of artificial intelligence or machine learning based price prediction element, which allows users to benefit from artificially generated price predictions. Predictions are based on predefined rules and such technology should not be construed as investment advice. Signals can be generated by this software to enter or exit trading positions in any asset class, including but not limited to, Equities, Digital Assets and Digital Asset Derivatives.

“Trading Fees” shall mean fees charged by, and payable to, the third party exchange or digital asset exchange at their discretion.

“U.S.” or “US ” or “ United States ” shall mean all states of the United States of America, the District of Columbia; the Commonwealth of Puerto Rico; the U.S. Virgin Islands; Guam; the Commonwealth of the Northern Mariana Islands; and all other territories and possessions of the United States of America.

“US Person” shall mean (i) a U.S. citizen; (ii) a U.S. lawful permanent resident; (iii) a protected individual under section 1324b(a)(3) of the U.S. Immigration and Nationality Act, or individual who holds a passport issued by the United States Government; (iv) a corporation, company, partnership, or other legal entity established or organised in or under the Laws of the United States; (v) an individual, a corporation, company, partnership, or other legal entity which engages in a trade or business in the United States and generates income from sources within the United States connected with the conduct of that trade or business; (vi) any estate of a decedent who was a U.S. citizen or a U.S. lawful permanent resident; or a protected individual under section 1324b(a)(3) of the U.S. Immigration and Nationality Act; (vii) any trust if a court within the United States is able to exercise primary supervision over the administration of the trust, and/or one or more US Persons have the authority to control all substantial decisions of the trust, and/or one or US Persons are designated as settlors, trustees, protectors or beneficiaries; (viii) any Person organised or incorporated outside the United States and the Territory or Insular Possession of the United States in which any of the foregoing, whether singularly or in the aggregate, directly or indirectly holds a 50 percent or greater equity interest by votes or value, holds a majority of seats or memberships on the board of directors of the entity, or authorises, establishes, directs, or otherwise controls the actions, policies, personnel decisions, or day-to-day operations of the Person; or (ix) any person who is subject to taxes in the US.

“User”, “you”, or “your” shall mean the party (or parties) who have agreed to be bound by the Terms.“User Content” shall mean any content, feedback, suggestions, ideas, or other information or materials about Arrow Algo, or the Services, that you provide to Arrow Algo through the Website, the Services, or any other means including but not limited to blogs, message boards, forums and APIs (whether or not submitted through a third party).

“Website ” shall mean https://www.arrowalgo.com any subdomains, related domains, mobile applications, and all their downloadable material and e-mails.

“Arrow Algo” shall, where the context so permits or requires, mean Arrow Algo Ltd, or its subsidiaries and affiliates and their successors and assigns.

1.2 Construction

In this Agreement, unless the context otherwise requires: a) words importing the singular include the plural and vice versa; b) words importing a gender include both gender and the neuter; c) words importing persons include companies, associations and bodies of persons whether corporate or not; d)the words: “may” shall be construed as permissive; “shall” or “will” shall be construed as imperative; e) the term “include” or “includes” means includes, without limitation, and “including” means including, without limitation; f) the terms “hereof”, “herein” and “hereunder” refer to the Terms as a whole and not to any particular provision of the Terms; and g) the headings contained in these Terms are for reference purposes only, and shall not affect in any way the meaning or interpretation of the Terms.

2. Updates to Terms and Conditions

Arrow Algo reserves the right, at its sole discretion, to modify or replace these Terms at any time, with or without notice to the User. Any such modification will be effective immediately upon public posting. Your continued use of our Services following any such modification constitutes your acceptance of these modified Terms. If you do not agree to any modification to these Terms, you must stop using the Services. Arrow Algo encourages you to frequently review the Terms to ensure you understand the terms and conditions that apply to your purchase of, access to, and use of, the Service.

3. Disclaimer

Arrow Algo does not provide financial advice, investment management or any consulting or advisory services. Arrow Algo is not a Bank, Wealth Manager, Investment Manager, Portfolio Manager, or any other Financial Institution and does not provide financial services. Arrow Algo Ltd is a software technology company and services are provided on a software-as-a-service basis only, providing a platform for users to create and send their own signals to their own account with a third party exchange. Your access or use of the Services is at your sole risk, and you are solely responsible for any losses, damages or costs resulting from using or accessing the Services. The Services do not constitute investment advice or any marketing, or promotion or offer of any product or investment to you or any third party. Arrow Algo does not fall under the jurisdiction of the Financial Ombudsman Service, has no protection under the Financial Services Compensation Scheme, and is not subject to the jurisdiction or protection of either of these schemes The Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Arrow Algo shall in no event be held liable for any loss or other damages, including but not limited to special, incidental, consequential, or other damages. Without limiting the foregoing, Arrow Algo does not represent or warrant that the Services are accurate, complete, reliable, current or error-free, or free of viruses or other harmful components. By accessing and/or using our Services, you agree that Arrow Algo shall not have any liability, contingent or otherwise, to you or to any third parties, for the correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, pricing or continued availability of the Services or for delays or omissions of the Services, or for the failure of any connection or communication service to provide or maintain your access to the Services, or for any interruption in or disruption of your access or any erroneous communications between Arrow Algo and you, regardless of cause.

4. Communication

a) You understand, acknowledge and agree that the method of communication between Arrow Algo and you shall be electronically via email or via the Website. We will use the email address or your username registered on your account as our means of communicating with you. You agree to keep your email address up-to-date, check your email frequently and immediately notify us if there are any changes. b) You understand, acknowledge and agree that delivery of any communication to the email address registered in your account is considered valid, and will be deemed to have been acknowledged as authorised, correct, approved, and confirmed by you unless we have received written notice to the contrary within three (3) business days from the date the communication was sent. If any email communication is returned as undeliverable, Arrow Algo retains the right to block your access to your Account until you provide and confirm a new and valid email address. c) You understand, acknowledge and agree that Arrow Algo shall not be responsible to you for information obtained through non-official channels of Arrow Algo. If you have any questions or concerns related to the truthfulness of information sent in the name of Arrow Algo, please contact us immediately. d) You understand, acknowledge and agree that it is a violation of these Terms to make any misstatement of a material fact to Arrow Algo, or the Arrow Algo Entities. e) You agree to opt-in to communications from Arrow Algo about our products and services. We will not pass your information on to third parties without consent or as reasonably required to provide you with our products and services. You may opt out of receiving emails about our products and services by emailing: info@arrowalgo.com.

5. User Representations, Warranties and Eligibility

By accessing and/or using the Services, you represent and warrant that: a) you are at least 18 years old and an individual, legal person or other organisation with full legal capacity and authority to enter into these Terms; b) if you are entering into these Terms on behalf of a legal entity of which you are an employee or agent, you have all necessary rights and authority to bind such legal entity c) you are legally permitted to use the Services in your jurisdiction d) you are responsible for ensuring compliance with the laws of your jurisdiction and acknowledge that Arrow Algo is not liable for your compliance with such laws, e) you understand the inherent risks associated with Assets including, but not limited to Digital Assets, and Digital Asset Derivatives; f) you have a working understanding of the usage of Assets including, but not limited to Digital Assets, and Digital Asset Derivatives, smart contract based tokens, and blockchain-based software systems; g) you have sufficient investment knowledge and experience and the capacity to take risks arising from trading Assets including, but not limited to Digital Assets, and Digital Asset Derivatives h) you have knowledge and experience in highly volatile markets; i) you understand and have sufficient knowledge about how Social Trading and Trading Bots work, and risks associated; j) you trade with funds you can afford to lose, and have a high-risk tolerance; k) you will not carry out any activity that (i) involves proceeds from any illegal or unlawful activity (including money laundering or terrorism financing); or (iii) violates, or could violate, any applicable law; l) you will not be involved or initiate any form of market manipulation; m) you will not use, or misuse, the Services in any way which may impair the functionality of the Services, or other systems used to deliver the Services or impair the ability of any other user to use the Services or n) you will not transmit or input into the Website any files that may damage any other person’s computing devices or software; content that may be offensive; or material or data in violation of any law; o) you are the legal owner (or an authorised agent of the legal owner) of any account at a third party exchange that you will connect to via our services p) you will not use any method or services to mask your internet protocol address or your internet traffic or current location or real internet connection, including but not limited to virtual private networks, proxy servers, Tor browser; q) you are not a national and/or resident of a Prohibited Jurisdiction; s) you are not by reason of your nationality, domicile, citizenship, residence or otherwise subject to the laws of a Prohibited Jurisdiction; r) you are are not, and have not been involved in a transaction with a person who is, on any trade or economic sanctions lists, including, but not limited to, the UN Security Council Sanctions list, designated as a “Specially Designated National” by OFAC (Office of Foreign Assets Control of the U.S. Treasury Department) or placed on the U.S. Commerce Department’s “Denied Persons List”. Arrow Algo maintains the right to restrict or deny the provision of Services in certain countries and/or to certain natural persons and/or juristic persons at its sole discretion.

6. Account and Services

6.1 Our Services

Subject to your compliance with the Terms, your Arrow Algo account provides access to the following Services, unless otherwise noted:

a) The Website; b) The Account Manager; c) The Strategy Builder, with additional features for Premium users; d) The Backtesting Engine, with varying capabilities for Free and Premium users; e) The Strategy Template Store, open for both Free and Premium users; f) Any other service provided by Arrow Algo from time to time.

6.2 Free Account Features

For users with a Free Account, Arrow Algo offers:

a) Access to strategy builder technology; b) Limited backtesting capabilities (queued tests on a slower server); c) API connection to a single account with third-party exchanges (e.g., Coinbase, Binance, ByBit, etc.); d) Limited execution of a single strategy (potential restrictions on volume or value, subject to variation by Arrow Algo); e) Access to the Strategy Template Store for purchasing pre-built strategies.

6.3 Premium Account Features

Upgrade to our Premium Levels of Service through a paid subscriptions for all or any combination:

a) Access to strategy builder technology; b) Unrestricted backtesting (tests prioritised and run on quicker servers); c) API connection to multiple accounts simultaneously with third-party exchanges (e.g., Coinbase, Binance, ByBit, etc.); d) Unrestricted execution of multiple strategies; e) Access to the Strategy Template Store for purchasing pre-built strategies.

6.4 Amendment of Subscription Tiers

a) Arrow Algo reserves the right to amend, modify, or adjust the features and offerings associated with Free and Premium Account tiers. This includes, but is not limited to, changes in the number of tiers, the price of each tier and the features and capabilities available to users in each tier. b) Such amendments may occur at the sole discretion of Arrow Algo and will be communicated to users through appropriate channels, which may include notifications on the Website, via email, or other means of direct communication. Users will be informed of any changes before they take effect. c) By continuing to use Arrow Algo’s Services following the announcement of changes, users acknowledge and agree to the modified terms. d) It is recommended that users regularly review the terms and conditions to stay informed about any updates or adjustments made by Arrow Algo.

6.5 Free Trial Periods

Arrow Algo may from time to time introduce free trial periods for Premium Account services. By choosing to sign up during these trial periods you acknowledge that you must cancel before the end of the trial period to avoid incurring charges for subsequent subscription periods.

6.5 The Strategy Template Store

If you decide to purchase a pre-built strategy template from the store, then you acknowledge that these are templates only. The templates are NOT guaranteed to be successful and past performance is NOT a guarantee of future success. The purchase and use of these templates are at the user’s own risk. You acknowledge that you are responsible for thoroughly understanding the strategy within the template before implementation and are aware of the associated risks. Arrow Algo shall not be held liable for any consequences resulting from the use of these pre-built templates. Purchases of templates are non-refundable. If you have built a successful template and would like to consider selling it in the store as an affiliate partner, you may contact our sales team at info@arrowalgo.com. Separate terms apply.

7. Account Set Up and Registration

7.1 Accessing our Platform

If you wish to utilise our Website and Software, simply visit our Website.

7.2 Account Registration

To gain initial access to the Software, registration and the creation of a personal account are required. You can register using your personal email or if available, through a third party such as Facebook or Google or other.

7.3 Account Security

You are exclusively responsible for maintaining the confidentiality and security of the credentials for accessing your Account or devices you use to access and/or use the Services, and for ensuring that no unauthorised person has access to your Account, or any device that you utilise in connection with the Services. Arrow Algo shall not be liable for any loss or damage arising from your failure to protect your Account.You are strongly encouraged to use two-factor authentication in accessing the Website and the Services, and may adjust their security features in their user settings. If you suspect or become aware of any unauthorised use of your Account, you should notify Arrow Algo immediately. Arrow Algo assumes no liability for any loss or damage arising from the access and/or use of your Account by you or any third party with or without your authorisation.

7.4 Information Accuracy

You commit to providing current, precise, and comprehensive information on your account. Additionally, you agree to promptly update your personal account details when necessary, ensuring that we can reach out to you as needed.

7.5 Account Balance

From time to time, Arrow Algo may credit your account with credits under a promotion, campaign or otherwise. This credited balance will be visibly displayed within your account. You acknowledge that: a) this balance may only be used to settle fees owed to Arrow Algo by you. b) you are not permitted to deposit funds into this account balance under any circumstances c) this balance may not be withdrawn to any account you hold with any other third party under any circumstances. d) in the event of terminating your account, any existing balance, if applicable, will first be utilised to offset outstanding fees. Following this, the remaining balance will be nullified.

8. Subscriptions, Payments and Cancellation

8.1 Subscriptions

While all offerings and free trials on the Website are obligation-free, they are still subject to these Terms. Access and utilisation of the Website and the Software, including its functionalities, may require a Subscription, available at a fixed monthly and/or yearly rate according to your selected plan. Arrow Algo offers various Subscription plans, each providing different levels of access to features as described in section 6. The Subscription price will be automatically invoiced monthly or yearly depending on your plan. Subscriptions will continue to automatically extend after expiration unless you cancel before the end of the subscription period. Prices on the Website may be inclusive or exclusive of taxes and expenses depending on your jurisdiction. Prices are subject to adjustment based on market conditions, and you agree to any price changes that may take effect immediately.

8.2 Payments

Payment methods will be made available through third-party providers such as Stripe or Wise, and may include the option for using debit and credit cards like Visa or MasterCard. Available options will be displayed on the Website. By selecting a payment option, you grant permission for us to initiate payments on your behalf via the third party, ensuring the confidentiality of your payment details.

8.3 Cancellation and Refunds

Users have the right to cancel their subscription at any time. If a user changes their mind within 7 days of first subscribing, they are eligible for a refund. After 7 days have lapsed from their original subscription, Arrow Algo reserves the right to retain payments made by users for the current period and customers can continue to access the services until the end of this paid period. Upon cancellation, the data on the user’s account may be subject to immediate deletion.

9. General Uses

9.1 License Grant and Usage Restrictions

This constitutes the grant of a licence and not a transfer of title. During any Free Trial, you are entitled to temporary access to the Software and the Services. Alternatively, with a paid Subscription, you are granted permanent access for the subscription duration. Under this licence, you are prohibited from: a) modifying or copying the materials. b) using the services or materials for any commercial purpose, whether commercial or non-commercial public display, including transactions on behalf of other persons or entities, unless expressly permitted by way of a user licence issued by Arrow Algo as an Institutional partner; c) attempting to decompile or reverse engineer or disassemble any aspect of the Website, APIs, concepts, algorithms or the Services in an effort to access any source code, underlying ideas and concepts and algorithms; d) removing any copyright or other proprietary notations from the materials. e) violate or assist any party in violating any law, statute, ordinance, regulation or any rule of any self-regulatory or similar organisation of which you are or are required to be a member through your access and/or use of the Services; f) transferring the materials to another person or “mirroring” the materials on any other server. g) infringe upon our Intellectual Property Rights or any third party’s copyright, patent, trademark, or other intellectual property rights. All intellectual property objects within Arrow Algo, including information, data, products, materials, services, software applications and tools, APIs, design elements, text, images, photographs, illustrations, audio and video contents, artwork, and graphics, are licensed, not sold, to you by Arrow Algo. h) take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data or information; i) transmit or upload any material to the Website and/or through the Services, that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs; j) attempt to gain unauthorised access to or use of the Website, the Services, the APIs, other Accounts, or computer systems connected to the Services, whether through through password mining, through use of a VPN or by any other means k) use any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any part of the properties, extract data or replicate or bypass the navigational structure or presentation of the Website, the Trading Platform or the Services; l) probe, scan or test the vulnerabilities of the Website and/or the Services or any network connected to the properties, or violate any security or authentication measures on the Website and/or the Services; m) provide false, inaccurate, incomplete or misleading information; n) distribute unsolicited or unauthorised advertising or promotional material, written media releases, public announcements and public disclosures, junk mail, spam or chain letters; o) transfer any rights granted to you under these Terms; or p) engage in any behaviour which violates the Terms or is otherwise deemed unacceptable by us in our sole discretion.

Although we intend to provide accurate and timely information, the Content may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our terms, policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Website, the Trading Platform or otherwise drawn from the Content are your sole responsibility and we shall have no liability for such decisions. Links to unaffiliated third-party materials (including without limitation websites and unaffiliated third parties) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any unaffiliated third-party materials or on any unaffiliated third party sites accessible or linked to the Website or the Services.

9.3 Relationship of the Parties

Nothing in this Agreement shall be deemed, nor is intended to be deemed, to cause you and Arrow Algo to be treated as partners, joint ventures, or otherwise as joint associates for profit. Neither you, nor Arrow Algo, is deemed to be acting as the agent of the other.

9.4 Availability

The Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of fitness for a particular purpose, non-infringement, or course of performance. Arrow Algo shall in no event be held liable for any loss or other damages, including but not limited to, special, incidental, consequential, or other damages. Without limiting the foregoing, Arrow Algo does not represent or warrant that the Services are accurate, complete, reliable, current, or error-free, or free of viruses or other harmful components. By accessing and/or using our Services, you agree that Arrow Algo shall not have any liability, contingent or otherwise, to you or to any third parties, for: a) the correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, pricing, or continued availability of the Services, b) delays or omissions of the Services, c) the failure of any connection or communication service to provide or maintain your access to the Services, d) any interruption in or disruption of your access to the services e) for any erroneous communications between Arrow Algo and you, regardless of cause.

This is experimental software and use of the service is at your sole risk.

9.5 Right to pause, stop or block or terminate

a) Arrow Algo reserves the right to pause, stop or block any Users account and/or trading signals at any time upon its sole discretion. Arrow Algo shall not be obliged to give reasons for such a decision, and shall not be liable for any outcome arising from exercising such rights. b) The User’s Username, Account or Scenario name or description, must not contain any of the following: i) obscene language or any elements that are insulting in nature, including racial, religious, nationalistic and ethnic slurs; ii) guarantees of profits or other promises; iii) direct or indirect references to Arrow Algo or its competitors; iv) names of government bodies or officials; v) references to other Accounts. Arrow Algo reserves the right to change the name of the Account at its own discretion and without prior warning. c) Arrow Algo reserves the right to close an Account without prior notice or explanation when i) fraudulent or malicious activity is suspected; ii) the User’s username, Account or Scenario name or description, contains and violations set out in 9.5.b.i; iii) Arrow Algo deems it necessary in its sole discretion.

9.6 No Investment Services

Arrow Algo does not provide financial advice, investment management or any consulting or advisory services. Arrow Algo is not a Bank, Wealth Manager, Investment Manager, Portfolio Manager, or any other Financial Institution and does not provide any of these, or any other kind of financial services. Arrow Algo Ltd is a software technology company and our technology services are provided on a software-as-a-service basis only, providing a platform for users to create and send their own signals to their own account with a third party exchange. Trading strategies built with any element of artificial intelligence or machine learning based price prediction, are still operating based on predefined rules and such technology should not be construed as investment advice.

9.7 No Signal Providers and/or Copy Traders

Arrow Algo does not employ, nor does it facilitate Signal Providers or Copy Traders. If you have been approached by someone offering these services, you acknowledge that these are not employees, or contractors of, and are not affiliated with, Arrow Algo in any way. Arrow Algo is a software technology company and does not provide financial services. Arrow Algo will not accept any complaints nor compensation requests for the performance of, or actions undertaken by, Copy Traders, Signal Providers or any other third party.

10. Third Party Exchanges

10.1 Third Party Fees

Arrow Algo does not hold custody of your Assets. Assets, including Digital Assets are held in your third party Exchange Account or your third party Exchange Sub-Account. Exchanges, including Digital Asset Exchanges, charge applicable fees for opening and closing trading positions through a third party software such as Arrow Algo. Such Fees are at the sole discretion of the relevant third party Exchange. The User acknowledges and understands that Arrow Algo does not have any discretion or control over third party Fees. The User further acknowledges, understands and agrees that is his or her sole responsibility to understand the relevant third party Fees.

10.2 Third Party Connections

Arrow Algo may not be held responsible for any delayed, failed, or incorrectly transmitted notification or signal to a third party Exchange, or Digital Asset Exchange. Even without such failure or delay of an alert, the validity and usefulness of the information represented in a successfully transmitted alert of a trading signal may be diminished due to market volatility, incorrect pricing or other information sourced from a third party, or other unforeseen technical issues or market conditions. In particular, an Asset, including Digital Asset or Digital Asset Derivative, may be temporarily or permanently delisted from an Exchange without notice. Support for certain third party Exchanges, including Digital Assets Exchanges, may become unavailable, in which case related trading signals may have diminished utility.

10.3 Third Party Action

Arrow Algo is not a trading platform and does not engage in the storage or trading of any assets or digital assets. Arrow Algo is a software for a user to define rules under which to generate a signal to an account they hold with a third party exchange. Arrow Algo has no control on whether these signals are received and accepted as valid instructions by a third party exchange. Arrow Algo cannot enforce contracts among parties engaged in trading or financing activities available on third party Exchanges. You acknowledge, understand and agree that Arrow Algo shall in no event be held liable for any loss or other damages, including but not limited to special, incidental, consequential, or other damages arising from the act, or failure to act, by any third party Exchange. You are responsible for understanding the Terms and Conditions of the third party Exchanges.

Any issues, including execution failures, or events occurring on third-party exchanges are entirely beyond the control of Arrow Algo. Consequently, Arrow Algo holds no liability for failures related to these third-party exchanges. The use of such exchanges is entirely at your own risk. Please be aware that any financial risks associated with your trading decisions remain solely your responsibility.

11. INTELLECTUAL PROPERTY

11.1 All Rights Reserved

All Intellectual Property Rights relating to the Website, the Content, the User Content, and the Services are the property of Arrow Algo. The Services, encompassing underlying data, software, platforms, algorithms, technology, application design, information, logos, trade names, brands, services, text, application “look and feel,” features, feedback, and any enhancements, improvements, and derivatives, along with all Intellectual Property Rights associated with them, are the exclusive property of Arrow Algo and/or its licensors, as applicable. Arrow Algo and its licensors retain full right, title, and interest in connection with these assets. You hereby agree that when you use the Services, Arrow Algo does not transfer the Services or any Intellectual Property Rights to you. Any user created content, including but not limited to, trading strategies, created or developed within the Arrow Algo platform shall be considered the exclusive property of Arrow Algo. Users acknowledge and agree that the intellectual property rights, including but not limited to, copyrights and any other proprietary rights, associated with these trading strategies belong solely to Arrow Algo. Users further understand that Arrow Algo retains the right to use, modify, or distribute these trading strategies for any purpose without requiring additional consent or compensation from the user who created them.

11.2 No right to use

You are not granted any right to use, and may not use, any of the Intellectual Property Rights of Arrow Algo other than as set out in these Terms and subject to the following: a) You may only view and use the Services, the Website, the Content or the User Content for your own personal use and may not copy, reproduce, republish, upload, repost, modify, transmit, distribute or otherwise use the use the Services, the Website, the Content or the User Content in any way for non-personal, public or commercial use without the prior written consent of Arrow Algo; b) You may not remove or modify any copyright, trademark or other proprietary notices that have been placed in any part of the Website, the Content, the User Content, and the Services; You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, any of the Content or the User Content; d) Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission; e) In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made;

12. Risk Disclosures

By utilising Arrow Algo’s experimental software, you acknowledge and accept the inherent risks associated with trading, particularly in Digital Assets and Digital Asset Derivatives. Your decision to engage with the Services is made at YOUR OWN RISK, and you should exercise caution, never investing more than you can afford to lose.

The following risks are associated with Digital Assets, Digital Asset Derivatives, and the Services, though this list is not exhaustive: a) Trading Assets, especially Digital Assets or Digital Asset Derivatives, carries a high level of risk, and there is a potential for the loss of your entire investment. b) Digital Asset prices are subject to extreme volatility, influenced by various factors such as regulatory actions, market manipulation, issuer actions, or unanticipated price fluctuations. c) By using the Services, you assume sole responsibility for all trading activities. You affirm that you are, and will continue to be, solely accountable for independently evaluating the risks associated with transactions and underlying Assets, including Digital Assets. d) The decision to execute buy, sell, bid, or offer signals using our services rests entirely on your discretion, and Arrow Algo holds no liability for any ensuing losses, whether direct or indirect.

It is imperative to understand and acknowledge these risks before engaging with Arrow Algo’s Services.

13. Indemnification

You agree to indemnify and hold Arrow Algo, its subsidiaries, affiliates, agents, employees, agents, successors and suppliers, harmless from and against any and all liabilities, losses, damages, costs and expenses, including attorney’s fees, incurred as a result of, or in relation to: a) the usage of your account and/or our services; b) any third-party claim related usage of your account and/or our services; c) any breach of these Terms.

14. Limitation of Liability

To the fullest extent permitted by law, Arrow Algo, along with its affiliates, partners, officers, directors, employees, shareholders, agents, licensors, subcontractors, and suppliers, will not be held responsible or liable to you or any other entity for any damages under any legal theory, whether in contract, tort, or otherwise. This includes, but is not limited to, direct, compensatory, indirect, incidental, consequential, special, exemplary, or punitive damages such as lost profits, business opportunities, business interruption, revenue, income, goodwill, use, data, or other intangible losses. This limitation applies to any errors, inaccuracies, omissions, defects, security breaches, or any other failure to perform by Arrow Algo. Notwithstanding the foregoing, if Arrow Algo is found liable or responsible by a competent authority, under any legal theory, its aggregate liability shall not exceed £100. Some jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you. You acknowledge that the warranty disclaimers and liability and remedy limitations in these terms are a material basis of this agreement, taken into account and reflected in your decision to enter into these terms. In no event shall Arrow Algo or its suppliers be liable, including but not limited to, any damages for loss of data, financial losses, business interruption, and injury arising from the use of or the omission to use any materials on the website, even if Arrow Algo or its authorised representative has been notified orally or in writing of the possibility of such damage. To the fullest extent permitted by applicable law, Arrow Algo and parties collaborating with Arrow Algo will not be liable to you under any type of liability, whether based in contract, tort, negligence, strict liability, warranty, or otherwise, for any indirect, consequential, exemplary, incidental, punitive, or special damages or profit losses. This clause applies universally to all users, regardless of geographical position or jurisdiction.

15. No Waiver

From time to time, Arrow Algo may fail to require or strictly enforce compliance with relation to any provision in these Terms. Arrow Algo may also fail to exercise any or all of its rights empowered herein. Any such failure shall not be construed as a waiver or relinquishment of Arrow Algo’s right to assert or rely upon any such provision or right in that or in any other instance. If applicable, an express waiver given by Arrow Algo of any condition, provision, or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such condition, provision or requirement.

16. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the Sultanate of Oman. The parties agree that the courts of Oman shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter.

17. Privacy Policy

Our Privacy Policy can be found on our Website.

18. Miscellaneous

18.1 Assignment

You may not assign any rights and/or licences granted under these Terms. We reserve the right to assign our rights without restriction, including without limitation to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and continue to be binding to the benefit of the parties, their successors and permitted assigns.

18.2 Severability

If any provision of the Terms shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of the Terms shall not be affected.

18.3 Force Majeure

Arrow Algo shall have no liability for any failure or delay resulting from any abnormal or unforeseeable circumstances outside our reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary, including without limitation governmental action or acts of terrorism, war, earthquake, fire, flood, or other acts of God, labour conditions, delays or failures caused by problems with another system or network, mechanical breakdown or data-processing failures or where we are bound by other legal obligations.

18.4 Survival

Upon termination of your account or this Agreement for any other reason, all rights and obligations of the parties that by their nature are continuing will survive such termination.

18.5 Third Party Rights

The Terms are not intended and shall not be construed to create any rights or remedies in any parties other than you and us and any affiliates which each shall be a third party beneficiary of the Terms, and no other person shall assert any rights as a third party beneficiary hereunder.

18.6 Entire Agreement

This agreement constitutes the entire understanding between you and Arrow Algo Ltd (“Arrow Algo”) and supersedes all prior agreements, representations, warranties, and understandings, whether oral or written, relating to the subject matter herein. No modification, amendment, or waiver of any provision of this agreement shall be effective unless in writing and signed by both parties. Any terms or conditions contained in documents beyond this agreement, including but not limited to emails, discussions, or prior versions of terms, are expressly excluded.

By accessing or using the Arrow Algo Services, you acknowledge that you have read, understood, and agreed to the terms contained in this document, constituting the entire agreement between you and Arrow Algo.

USER ACKNOWLEDGES HAVING RECEIVED, READ AND UNDERSTOOD THE FOREGOING TERMS AND HEREBY AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREOF.