ARKADA is a quest platform that rates user reputation via on-chain and off-chain activity, merge advanced tech with gamification tools, rewarding contributions and connecting projects with valuable audiences (hereinafter reffered to as “ARKADA”, “we”, “us”, “our”). These Terms of Service govern your access to and use of the ARKADA website at https://arkada.gg/en (hereinafter reffered to as the “Website”), if applicable the mobile application (hereinafter reffered to as the “App”) and any other related and connected platforms or services (hereinafter collectively reffered to as the “Services”). By accessing the Services, you agree that you have read, understand and accept all of the terms and conditions contained herein.

---

ARKADA IS A TECHNOLOGICAL PLATFORM ONLY. WE ARE NOT A BROKER, FINANCIAL INSTITUTION, CREDITOR, BORROWER, AGENT OR PROVIDE ANY FINANCIAL SERVICES, PRODUCTS OR ADVICE. ARKADA IS OFFERED SOLELY AS A PLATFORM. ALL PROGRAMS ARE OFFERED BY THEIR RESPECTIVE ISSUERS ONLY.

Important disclaimers. ARKADA is not intended as, and does not provide, any investment or financial advice whatsoever. As with any financial or investment decisions, you should conduct your own research and due diligence investigation, to properly evaluate the benefits and risks of any investment or financial transaction. You should also seek the advice and guidance of qualified accountants, financial advisors, tax advisors, legal counsels and investment advisors in connection with any investment or financial transaction.

---

Eligibility. To be eligible to use the Services you must be at least 18 years old or of the legal age in the jurisdiction you reside in at the time of using the Services. If you are below the legal age in your jurisdiction, you are prohibited from using the Services.

---

Updates to Terms of Service. Your use of the Services is subject to your agreement to these Terms, which may be updated by us at any time with or without notice to you. The Effective Date of the most up to date Terms will be provided at the top of each version of these Terms, respectively. Any such updates will be effective upon our publishing such updated Terms. If you do not agree with these Terms, you may not use the Services. If you continue to use the Services following the date of release of an updated set of Terms, you agree to be bound by such updated Terms.

---

Service Users. By using any of our Services you are a service user (hereinafter reffered to as the “Service User”). By becoming a Service User, you agree: (a) to provide accurate, current and complete information about yourself; (b) to maintain and promptly update from time to time as necessary your information; (c) to immediately notify us if you discover or otherwise suspect any security breaches related to the Services; (d) that you are fully responsible for all activity on the Services that occurs under your email and password combination, and (e) to comply with all applicable laws in connection with your use of the Services. We may, at any time in our sole discretion, refuse to allow you to become a Service User, or limit the number of User Accounts or Digital Wallets (as defined below) that you may associate with the Services, or suspend or terminate any Service User or User Account, including access to our Services.

---

You also agree that you will not:

---

Use the Services under a different wallet address, email address or other identifier if we’ve disabled access for you under a different wallet address, email address or other identifier, unless you have our written permission first; Buy, sell, rent or lease access to your Digital Wallet (as defined below) to any third party, unless you have our written permission first; or Use or access the Services through any unauthorized third party application(s) or client(s), or to disclose or share your User Account information such as your email password, private keys or other sensitive information with any other person.

---

User Accounts. In order to access certain functions, Service Users may need to connect their Digital Wallet (as defined below). When a Service User connects a Digital Wallet, they create a user account (hereinafter reffered to as the “User Account”) with ARKADA. In order to create a User Account, you may be required to provide additional information, such as your name, email address, username, wallet address and other information as required by ARKADA.

---

Account Communication. By becoming a Service User, you consent to receive electronic communications from ARKADA (e.g., via email, push notification, or by posting notices to the Services, etc.). These communications may include notices about your use of the Services (e.g., email changes and/or other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.

---

Account Verification and Additional Information. ARKADA may require you to provide additional information and documents at the request of any competent authority or in case of application of any applicable law or regulation, including laws related to anti-laundering, sanctions, embargoes, counteracting the financing of terrorism, and other applicable laws. ARKADA may also require you to provide additional information and/or documents in cases where it has reason to believe that:

---

Your use of the Services is related to money laundering or any other illegal or illicit activity; You have concealed or reported false identification information and/or other details; Your activities in connection with the Services violated applicable laws; Such information and/or documents are required to protect the rights of ARKADA or those of third parties; or Transactions effected via your User Account were effected in breach of these Terms. In such cases, ARKADA, in its sole discretion, may pause or cancel your access to any or all Services until such additional information and/or documents are reviewed by us and accepted as satisfying the requirements of applicable law. If you do not provide complete and accurate information and documents in response to such a request, ARKADA, in its sole discretion, may refuse to provide the Services to you.

---

Compliance. The Services are only available to users in certain jurisdictions who can use the Services as permitted under applicable law. You certify that you will comply with all applicable laws (e.g., local, state, federal and other laws) when using the Services. Without limiting the foregoing, by using the Services, you represent and warrant that: (a) you are not located in a country that is subject to sanctions or embargos by the United States, United Kingdom, European Union or United Nations; and (b) you are not listed on any U.S. Government list of prohibited, sanctioned, or restricted parties. You must not use any software or networking techniques, including use of a Virtual Private Network (VPN) to modify your internet protocol address or otherwise circumvent or attempt to circumvent this prohibition. We reserve the right, but have no obligation, to monitor where our Services are accessed from. Furthermore, we reserve the right, at any time, in our sole discretion, to block access to the Services, in whole or in part, from any geographic location, IP addresses and unique device identifiers or to any user who we believe is in breach of these Terms.

---

From time to time, ARKADA Compass collects, based on publicly available third party sources, information (and associated links) regarding current and future airdrops, bounties, rewards and other programs offered by third parties (each such program, a “Third Party Program(s)”). All information provided regarding the Third Party Programs, including the cost, yield, amount of rewards, etc., is based on publicly available information published by their respective third party providers, is provided to you for informational purposes only and cannot be classified or construed as any type of financial, investment or other advice. The ranking or order in which Third Party Programs are displayed is determined by ARKADA in its sole discretion and can change from time to time. Unless explicitly disclosed by ARKADA, ARKADA is not involved in creating, determining, sponsoring, promoting, partnering with, endorsing or otherwise recommending any such Third Party Programs, and does not have the ability to control, direct, modify or otherwise affect the Third Party Programs in any way. ARKADA does not verify, screen, vet, or categorize the Third Party Programs listed in any way, and does not guarantee the security, returns, rewards, success or other parameters associated with your participation in such Third Party Programs. You are solely responsible for reviewing, deciding and interpreting whether and to what extent you wish to participate in any such programs. Notwithstanding the foregoing, ARKADA reserves the right to remove or delete a Third Party Program at any time, with or without notice for any reason and without liability, in its sole discretion. The inclusion, removal, and/or exclusion of a Third Party Program does not constitute any advice or endorsement of such.

ARKADA aims to build a permissionless, open, and collaborative credential data network. To this end, ARKADA has adopted the token as an essential component to its ecosystem and infrastructures to functions as the ecosystem’s governance token, to incentivizes user participation, and to serve as the primary payment token of the ARKADA ecosystem.

Digital Wallet. As part of the Services, you are able to connect your “digital asset wallet” (“Digital Wallet”) to your account. You may be required to provide us additional information to connect your Digital Wallet, such as an email address and password. We do not offer our own digital asset wallet and any Digital Wallet that you connect to your User Account is subject to the Terms and Conditions of that service provider (if applicable) and we have do not have any access to, or control over, your connected Digital Wallet.

---

ARKADA DOES NOT CREATE, GENERATE, STORE OR TRANSACT WITH ANY WALLETS. THE CREATION, GENERATION, STORAGE AND TRANSACTING IN DIGITAL WALLETS ARE SOLELY YOUR RESPONSIBILITY. ARKADA WILL NEVER ASK YOU FOR, NOR WILL IT EVER RECEIVE A COPY OF, YOUR PRIVATE KEYS. IT IS SOLELY YOUR RESPONSIBILITY TO ENSURE THAT THE DIGITAL WALLET YOU USE IN CONNECTION WITH YOUR ACCOUNT IS SAFE, SECURE AND AUTHORIZED.

Prohibited Uses. You may not use the Services to engage in the following categories of activity (“Prohibited Uses”). The specific types of use listed below are representative, but not exhaustive, and ARKADA reserves the right to update or amend such list in its sole discretion at any time, with or without notice to you. These Prohibited Uses are in addition to the Community Guidelines (discussed below). If you are uncertain as to whether or not your use of the Services involves a Prohibited Use or have questions about how these requirements apply to you, please contact us at [email protected]. By becoming a Service User, you agree that you will not use the Services to do or undertake any of the following, as determined by ARKADA in its sole discretion:

---

Abusive Activity: Actions which: (i) impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; (ii) transmit or upload any material to the Services that contains viruses, trojan horses, worms or any other harmful or deleterious programs; (iii) attempt to gain unauthorized access to the Services, other Digital Wallets not belonging to you, computer systems or networks connected to the Services, through password mining or any other means; (iv) use the account of any third party to access or use the Services, except in the case of applications which are specifically authorized by a third party to access such third party’s Digital Wallet and information; or (v) transfer your access or rights to use the Services to a third party, unless by operation of law or with the express permission of ARKADA.

---

Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance or regulation, sanctions programs administered in any of the countries where ARKADA conducts business, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or which would involve proceeds of any unlawful activity.

---

Abuse Other Users: Interfere with another individual’s access to or use of the Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal or other rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; or harvest or otherwise collect information from the Services about others, including without limitation email addresses and/or public or private Digital Wallet keys, without proper consent.

---

Fraud: Activity which operates to defraud ARKADA, any ARKADA user(s) or any other person, or provide any false, inaccurate or misleading information to ARKADA. Copyright violations: Activity which intentionally infringes upon another’s copyright, or other intellectual rights, protections, including unauthorized copying or performing of copyrighted works available on the Services.

---

Misleading statements on investments: Activity that promotes, markets, or in any other way communicates the message of, NFTs on ARKADA being an investment, such as making statements regarding the expectation that the monetary value of NFTs will increase in time.

---

Your legal obligations. It is possible that your use of the Services may result in certain reporting, tax or other legal obligations on your part. For example, certain jurisdictions require their residents to report international money or cryptocurrency transfers that exceed certain amounts. You agree and understand that we do not provide legal, tax, or investment advice. You agree to seek your own advice as necessary, and to comply with any legal obligations you may have in connection with your use of our Services.

Certain Services (the “PRO Services”) require payment of a fee for use of such PRO Service and you agree to pay such fees if you wish to utilize any such PRO Service. We may add new Services for additional fees and charge and/or add or amend fees and charges for existing Services, including PRO Services, at any time in our sole discretion. Any change to the pricing and payment terms shall become effective immediately, unless we state otherwise. When you purchase a subscription for the Services (“Subscription”), you expressly authorize us to charge you for such Subscription. Payment may be made in relevant forms of digital assets that we may accept from time to time. The applicable United States dollar equivalent of digital assets shall be determined by us in our sole discretion.

---

If you purchase a Subscription, you will be charged the Subscription fee, plus any applicable taxes and other charges (collectively, the “Subscription Fee”), at the beginning of your Subscription. At the end of the subscription period (“Subscription Period”), you may lose access to the PRO Services unless you renew your Subscription at the then-current Subscription Fee. Your Subscription continues for the Subscription Period until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms.

---

You may cancel your Subscription at any time; however, there are no refunds for cancellation. In the event that we suspend or terminate your Subscription, you understand and agree that you shall receive no refund or exchange for any unused time on a Subscription, any license or Subscription Fees for any portion of the Services, any content or data associated with your Subscription, or for anything else.

---

We or certain third-party service providers may offer free trials to a particular Service.

Developers using the Services to mint or sell NFTs agree to grant ARKADA a perpetual, non-exclusive license to the NFT Content for hosting, marketing, and facilitating sales. Developers are solely responsible for ensuring compliance with all applicable laws, obtaining rights and clearances for NFT Content, and fulfilling obligations related to their NFTs and any promotions they administer. ARKADA assumes no liability for the operation of Developer promotions or for any claims arising from the listing, sale, or use of NFTs, and Developers agree to indemnify ARKADA against such claims.​

By utilizing your Balance, you agree to the following additional terms and conditions:

---

Non-Withdrawable: You CANNOT withdraw any balance or credits from your Balance. The balance must be exclusively used for gas payments and ARKADA services on https://arkada.gg/en. Exclusive Use: Your Balance is solely usable on https://arkada.gg/en, cannot be utilized in, and does not have any value in any other capacity anywhere else. USD Denomination: All Balances are denominated in USD. The prevailing exchange rate determines the amount of your Balance at the time of the transaction, which means that when you deposit using non-USD funds, your deposited amount will be calculated based on the prevailing exchange rates. Service Fees: Using Balance incurs a service fee. A service fee is deducted and retained by the platform in amount and under terms at the sole discretion of the platform.

As part of the Services, you are able to purchase a Subscription for a Web3 (the “Web3 Score”). The Web3 Score is for entertainment purposes only and is not, and does not purport to be, an accurate depiction of any Service User’s financial activity nor does it serve as an accreditation of any kind. To obtain your Web3 Score, you are required to pay a Subscription Fee (the “Subscription Fee”). You may be required to provide us, and we may collect via your linked social media channels or analysis of on-chain wallet activities, additional information to create your Web3 Score, including information required to confirm your identity (“Identifying Information”). By purchasing a Subscription for the Web3 Score, you agree that we may share your information, including any Identifying Information, with certain third parties, including third-party developers who integrate with our application programming interface.

Suspension, Termination, and Cancellation. ARKADA may, at its option and in its sole discretion: (a) suspend or restrict your User Account or Developer Account and/or access to any or all of the Services, and/or (b) deactivate or cancel your User Account or Developer Account and block your access to the Services, if: (i) we are so required by a facially valid subpoena, court order, or binding order of any government authority; (ii) we reasonably suspect you of using the Services in connection with a Prohibited Uses; (iii) your use of the Services is subject to any pending litigation, investigation or government proceeding and/or we, in our sole discretion, perceive a heightened risk of legal or regulatory non-compliance associated with your activity; (iv) any of our service partners are unable to support your use thereof; (v) you take any action that ARKADA deems in its sole discretion as circumventing ARKADA’s controls, or abusing promotions which ARKADA may offer from time to time; or (vi) you breach these Terms.

---

Notice to You. If ARKADA suspends or closes your account or terminates your use of the Services for any reason, we will provide you with notice of our actions, unless a court order or other legal process prevents or prohibits ARKADA from providing you with such notice. You acknowledge that ARKADA’s decision to take certain actions, including limiting access to, suspending, or disassociating your Digital Wallet from the Services, may be based on confidential criteria that are essential to ARKADA’s risk management and/or security protocols. You agree that ARKADA is under no obligation to disclose the details of its risk management and/or security procedures to you.

---

Access to NFTs. Your NFTs are stored in your Digital Wallet and we do not have access or control over your Digital Wallet. In the event our Services are no longer available to you, the NFTs you have purchased are in your Digital Wallet.

Ownership and Use of Content: All content on the Services, including text, graphics, logos, software, and designs ("Content"), is the exclusive property of ARKADA and its affiliates or licensors. Users are granted a limited, non-exclusive license to access and use the Services and Content for personal, non-commercial purposes. Any unauthorized reproduction, distribution, or modification of the Content is prohibited and may result in termination of access to the Services.

---

NFT Ownership: Developers retain ownership of the digital art and associated intellectual property in NFTs. By using the platform, Developers grant ARKADA a perpetual, royalty-free license to host, market, and facilitate the sale of NFTs. Users acquiring NFTs receive a limited license to access associated content for personal use, subject to these Terms and any additional conditions set by Developers.

---

Third-Party Links and Trademarks: The Services may contain links to third-party websites or applications, which are not controlled or endorsed by ARKADA. Use of such third-party services is at the user's own risk. ARKADA trademarks, logos, and branding may not be used without explicit written permission.

ARKADA follows the federal Digital Millennium Copyright Act (DMCA) by promptly addressing notices of alleged infringement in compliance with the DMCA and other relevant laws. In our response, we may take actions like removing or disabling access to materials on our services and products, including social networks controlled or operated by us, when they are claimed to be infringing.

---

It's important to note that we lack control over content hosted on third-party websites and cannot remove content from platforms we do not own or manage. If you are the copyright owner of content on a third-party site and have not authorized its use, we recommend reaching out directly to the administrator for content removal.

---

Before issuing a Notice of Infringing Material, it's advisable to consult legal counsel to understand your rights and responsibilities under the DMCA and other relevant laws. The notice requirements provided align with ARKADA's rights and obligations as outlined by the DMCA, specifically in section 512(c), and should not be construed as legal advice.

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless ARKADA, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, Creators, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “ARKADA Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Services, (b) any Feedback (as defined below) you provide, (c) your violation of these Terms or applicable laws, and/or (d) your violation of any right(s) of any third party. You agree to promptly notify ARKADA of any Claim(s) and shall cooperate fully with the ARKADA Parties in defending such Claims. You further agree that the ARKADA Parties shall have control of the defense or settlement of any third party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN ANY WRITTEN AGREEMENT(S) BETWEEN YOU AND ARKADA.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

---

15.1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM 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.

---

15.2. WE MAKE NO WARRANTY THAT
(i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF THE CONTENT OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
(v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR
(vi) THAT THIS WEB WEBSITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEB WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

---

15.3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

---

15.4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY.

---

15.5. THIS WEBSITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS WEBSITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING THE MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.

---

15.6. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY ARKADA AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.

---

15.7. NFTS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE APPLICABLE BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN SUCH BLOCKCHAIN NETWORK. WE DO NOT GUARANTEE THAT WE CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY NFTS OR OTHER DIGITAL ASSETS, OR THAT ANY ASSOCIATED PAYMENT WILL BE SUCCESSFUL.

---

ARKADA is not responsible for any losses due to vulnerability or any kind of failure, abnormal behavior of any software (e.g., wallet, NFTS, etc.), blockchain(s) or any other feature(s) of the Services. ARKADA is not responsible for losses due to any late reporting by Developers or representatives (or not reporting at all) of any issues with the blockchain(s) supporting any of the Digital Asset(s), including forks thereof, technical node issues or any other issues that result in any loss of funds.

---

Nothing in these Terms shall exclude or limit liability of either party for fraud, death or bodily injury caused by gross negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.

---

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, SOLELY TO THE EXTENT SUCH EXCLUSION IS SO PROHIBITED BY APPLICABLE LAW.

Volatility. The price and liquidity of blockchain-based assets, including Digital Asset(s) and NFTs, are extremely volatile and may be subject to fluctuations. Fluctuations in the price of other blockchain-based assets could materially and adversely affect Digital Asset(s). We cannot guarantee that purchasing any Digital Asset(s) will not result in the loss of money or other value.

---

Taxes. You are solely responsible for determining what, if any, taxes apply to your Digital Wallet(s). Neither ARKADA nor any other ARKADA Party is responsible for determining the taxes that apply to any Digital Wallet(s).

---

Digital Assets / Cryptocurrency. The Services involve and/or rely upon certain blockchain technology, including decentralized, distributed public ledger(s), which offer many benefits, but also presents certain inherent risks that you assume by using the Services, including without limitation, that:

---

A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility or value of Digital Asset(s). The value of Digital Assets and NFTs are highly volatile and you may suffer a total loss of the value of such assets from time to time. The regulatory regime governing blockchain technologies, digital assets, cryptocurrencies and/or so-called “tokens” is uncertain, and new regulations or policies may adversely affect the development of the Services and/or the utility of Digital Asset(s).

17.1. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS, OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

---

17.2. SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR:

---

(i) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY);
(ii) ANY LOSS OF GOODWILL;
(iii) ANY LOSS OF OPPORTUNITY;
(iv) ANY LOSS OF DATA SUFFERED BY YOU; OR
(v) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO ARKADA WITHIN THE LAST 12 MONTHS.

---

17.3. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:

---

(i) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE;
(ii) ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(iii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(iv) YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR
(v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

---

17.4. PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES (UNLESS EXPLICITLY AUTHORIZED OTHERWISE UNDER THESE TERMS), AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.

---

17.5. IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.

---

17.6. THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

---

17.7. YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU'RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.

---

17.8. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER, OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

---

17.9. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF ARKADA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES EXCEED THE LESSER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY ARKADA DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $10 000 (TEN THOUSAND AMERICAN DOLLARS). FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF OUR SERVICES OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

---

17.10. IN SOME JURISDICTIONS LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully.

---

Informal Process. You agree that in the event of any dispute between you and ARKADA, you will first contact ARKADA and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.

---

Agreement to Arbitrate. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore.

---

The Tribunal shall consist of 1 arbitrator. The language of the arbitration shall be English.

---

Class Action Waiver. Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case or to be a party to a class or representative action is waived, and that any claims must be decided individually, through arbitration.

---

Waiver of Jury Trial. If for any reason a claim proceeds in court rather than in arbitration, you and ARKADA each waive any right to a jury trial.

Governing Law and Venue. These Terms, your access to and use of the Services and Content, and your participation in the Services, shall be governed by and construed and enforced in accordance with the laws of the Republic of Singapore, without regard to conflict of law rules or principles of the Republic of Singapore, or any other jurisdiction that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in court located in the Republic of Singapore.

---

Severability. If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

---

Waver. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

---

Assignability. These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with ARKADA’s express written consent.

---

Notices. All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.