Last updated September 2023.
These Terms apply to your use of our website, software and our services and form a legally binding contract between you and us.
By accessing or using our website, our services or using our software, you agree that you have read, understood, and agree to are bound by these Terms, as amended from time to time, and that you comply with the requirements contained within them. If you don’t agree to all of our Terms or comply with the requirements, please do not access or use our website, our services or software.
We reserve the right to modify these Terms from time to time. If we make changes, we will provide you with notice of such changes. Unless we state otherwise in our notice, all such modifications are effective immediately, and your continued use of the site and the services after we provide that notice will confirm your acceptance of the changes.
Arkis provides software that facilitates investments in cryptocurrency investment funds. We do not execute trades or make investments ourselves; instead, we provide software that allows investment managers to access information and analyse risk based on the information provided.
There are two participants in Arkis “Lenders” and “Asset Managers”.
Lenders who want to earn a passive yield on their assets by providing liquidity into liquidity pools with no impermanent loss and Asset Managers, also know as Borrowers who want to obtain extra capital to facilitate their trading operations and improve investment returns. Lenders can decide which tokens and chains to deposit their tokens and which pool to deposit their tokens to (Base vs Profit Sharing). On the other hand, Asset Managers can access leverage across different chains and even get leverage on one chain (Ethereum) and open positions on other chains Polygon and Avalanche. We treat their position across chains as one single portfolio.
Margin Account is a smart contract whereby leverage traders deposit their collateral and get credit from liquidity pools funded by Lenders.
Margin Account lets Leverage Trader have a seamless trading experience on whitelisted protocols and tokens in the same way as they would trade using their own wallet. We do not create our own trading instruments or markets but rather integrate existing protocols by creating smart contract adapters for each protocol such that a user can use Curve or Uniswap UI and make operations through them using Wallet Connect.
Under this approach, we don't change traders' trading experience but only supply them with under-collateralised leverage and ensure liquidation is done properly if a trader's portfolio starts declining in its value.
A trader cannot transfer funds to other places or put them into high-risk protocols or dodgy liquidity pools. Under this approach, the system remains secure: traders who need leverage for their trading operations can get it but can only use it under the premise of trading.
Margin Account can consist of several smart contracts on different chains (if needed) such that a trader can get leverage on one chain to open a position on the other, have positions on different chains, and bridge assets between smart contracts on different chains.
As a condition to accessing or using our services, our website and/or our software, you represent and warrant to Arkis, the following:
- If you are entering into these Terms as an individual, then you are of legal age in the jurisdiction in which you reside and you have the legal capacity to enter into these Terms and be bound by them;
- If you are entering into these Terms as an entity, then you must have the legal authority to accept these Terms on that entity's behalf, in which case "you" (except as used in this paragraph) will mean that entity;
- You are not a member of any sanctions list or equivalent maintained by the United States government, the United Kingdom government, the European Union, or the United Nations (collectively, “Sanctions Lists Persons") and you do not intend to transact with any Restricted Person or Sanctions List Person;You and your associates have not engaged in any illegal activities related to politics, payments to officials, or corruption;
- You can use our services as long you as you do not break any local or international laws, including any rules or regulations set by out by government authorities ; and
- You cannot use our services to partake in any illegal activities.
As a condition to accessing or using our services or the site, you understand the following. Our services might not be available or might not work for various reasons, including:
- Equipment problems.
- Routine maintenance or repairs done by us or our partners.
- You are not a member of any sanctions list or equivalent maintained by the United States government, the United Kingdom government, the European Union, or the United Nations (collectively, “Sanctions Lists Persons") and you do not intend to transact with any Restricted Person or Sanctions List Person;
- Unpredictable events beyond our control.
- Issues with the technology we use.
- Problems with third-party service providers or partners.
We can stop or change your access to our website and our services if you we reasonably believe that your representations and warrantees are untrue. If this happens, we will not be held liable to you for any losses or damages that you might experience because of your inability to use our website or our services.
The website and its services can change or be replaced by Arkis at any time as they see fit.
You are in charge of how you use the services, including handling and control of your crypto currency assets.
We do not have a fiduciary duty or other liabilities towards you, you herby waive give up and eliminate any of those rights.
You are solely responsible for reporting and paying any taxes applicable to your use of our Services.
We will not be held responsible for the quality, safety, legality, or any other aspect of cryptocurrency assets you send or receive from third parties. We also cannot make sure that the people you're trading with are authorized or will complete the transaction. If there are any issues with your crypto currency transactions using our services, it's entirely your responsibility and you bear the entire risk.
As a condition to accessing or using the services or the site, you covenant to Arkis the following:
- You only will transfer legally obtained cryptocurrency assets that belong to you;
- Any cryptocurrency assets you use with the services should either belong to you or you should have proper authorization to use them;
- You must keep all your information used on our site accurate and complete, and you are responsible for keeping your private keys and credentials secure;
- Unpredictable events beyond our control.
- Pay the necessary fees for using our services, even though the fees listed may not be entirely accurate.
Professional Advice & Fiduciary Duty
Any information that we provide on our website or through our services is meant for general understanding and should not be considered as professional advice. You should not make decisions solely based on this information, whether the information comes from our site, blog posts, articles, links to other websites, or other content like videos and tutorials. Before making significant financial or legal decisions using our services, it's wise to consult with a qualified professional who is licensed in the relevant field of interest. Our Terms don't create any special responsibilities including a fiduciary duty, beyond what is clearly stated in them.
You are not allowed to use the services for certain activities, including:
- Breaking any laws, including anti-money laundering and anti-terrorist financing laws;
- Engaging in transactions involving items that violate copyright, trademark, or other proprietary rights;
- Disrupting or harming the services or other users;
- Engaging in market manipulation tactics;
- Bypassing security measures;
- Using automated tools to access or extract data;
- Providing false information or attempting to defraud anyone;
- Transmitting or exchanging digital assets from criminal or fraudulent activities;
- Engaging in harmful, offensive, or illegal behaviour;
- Using the services from a prohibited jurisdiction;
- Violating any applicable laws;
- Encouraging others or attempt to encourage others to participate in any of these prohibited activities.
- Any of Arkis’s product or service names, logos, and other marks used on the site or as a part of the services, including Arkis's name and logo are owned by Arkis. You may not copy, imitate, or use them without the prior written consent of Arkis and these Terms do not grant you any rights in respect of the above. You may not remove, obscure, or alter any legal notices displayed in or along with the Services.
Modification & Suspension of services
- You acknowledge that using our website and services involves risks related to cryptocurrency, blockchain technology, and software. You should ensure have a good understanding of these risks.
- Arkis doesn’t own or control software and networks behind blockchaintechnology. They can change, and there’s no guarantee of theirfunctionality, security, or availability.
- You are responsible for keeping your private keys secure. If you lose them,you could permanently lose access to your digital assets.
- Technological advancements, such as code cracking or quantumcomputing, can pose risks to cryptocurrency assets and our services.
- The Ethereum blockchain is still evolving, which means there are technicaland security risks when using the services.
- Using the services for cryptocurrency transactions involves financial risks.Transactions are irreversible, and there are no refunds.
- Our services are under constant development, and there will be potential risks related to technology, transactions, and server errors.
- Cryptocurrency is highly volatile, and costs can vary, which can impact your activities on the Ethereum blockchain.
- Using our service involves financial risks. Transactions made through or as a result of our services are irreversible, and there are no refunds. When you use our website and services, you do so at your own risk.
- All transaction decisions are your responsibility. We're not responsible for any issues related to your use of our services.
- You assume all financial risks and waive any claims against Arkis, and its affiliates related to these risks.
- The services that are provided "as is," and there are no warranties regarding their quality, accuracy, or availability. Arkis is not responsible for any losses or damages, including those due to user errors, server failures, or third-party activities.
Arkis is not regulated by financial authorities, and our software is not endorsed by any such authority. Arkis’ services are provided "AS IS" and without warranties. They do not guarantee uninterrupted or error-free services. Data on our site may be lost or corrupted, and we are not liable for various events outside of our control. Our website and service should not be used as a source for legal or business advice, or any other type of advice. It is essential to understand that you are solely responsible for your actions when relying on any information. It is advisable to consult with a legal or financial advisor. Arkis bear no responsibility for the choices, decisions, or actions you undertake based on the information provided by us. Arkis will not assume responsibility for losses, damages, or claims arising from events falling within the following categories:
- Errors made by the user when using our software or services, such as forgotten passwords, payments sent to incorrect addresses, or unintentional wallet deletions;
- Software issues affecting the our website, software or services;
- Technical malfunctions such as data loss due to faulty or damaged storage devices;
- Security issues encountered by users of our software or service, such as unauthorized access to user wallets and/or accounts; and
- Actions or lack of actions by third parties and events affecting third parties, including service provider bankruptcies, security breaches targeting service providers, and fraudulent activities carried out by third parties.
Limitation of Liability
Unless otherwise required by law, in no event shall the owners of, or contributorsto, our website and software be liable for any damages of any kind, including,but not limited to, loss of use, loss of profits, or loss of data arising out of or inany way connected with the use of our website, software or services.
Dispute Resolution & Arbitration
The user of the site agrees to arbitrate any dispute arising from or in connectionwith the Website or this disclaimer, except for disputes related to copyrights,logos, trademarks, trade names, trade secrets or patents.These Terms, including any non-contractual obligations arising hereunder, shallbe governed and construed in accordance with the laws of England and Wales,6 and the courts of England shall have exclusive jurisdiction to deal with anydispute arising hereunder.