Terms of Service

1. Acceptance of Terms

By accessing or using arkly.capital ("Platform"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not access the Platform.

2. Eligibility

To use our Platform, you must:

• Be at least 18 years old
• Have the legal capacity to enter into contracts
• Understand the risks of decentralized finance protocols
• Be comfortable with self-custody of digital assets
• Take full responsibility for your own investment decisions

3. Platform Description

arkly.capital is a technology platform that facilitates:

• Tokenization of real estate assets
• Investment in tokenized real estate properties
• Trading of real estate tokens
• Portfolio management and reporting
• Property management services coordination

4. Investment Risks

5. Account Responsibilities

You are responsible for:

• Maintaining the security of your wallet and private keys
• All activities that occur with your wallet address
• Understanding blockchain transaction finality
• Managing your own tax obligations in your jurisdiction
• Conducting your own due diligence on investments

6. Prohibited Activities

You may not:

• Attempt to exploit smart contract vulnerabilities
• Interfere with the Platform's decentralized operation
• Engage in market manipulation or fraudulent activities
• Violate intellectual property rights
• Use the platform to commit illegal activities
• Attempt to compromise network security

7. Fees and Payments

Our fee structure includes:

• Management Fees: Annual fee for property management and platform services
• Transaction Fees: Fees for buying, selling, or transferring tokens
• Performance Fees: Percentage of profits generated
• Network Fees: Blockchain transaction costs (gas fees)

Current fee schedules are available on our Platform and may be updated with notice.

8. Intellectual Property

The Platform and its content are protected by intellectual property laws. We grant you a limited, non-exclusive license to use the Platform for its intended purpose. You may not:

• Copy, modify, or distribute our content
• Reverse engineer our technology
• Use our trademarks without permission
• Create derivative works

9. Privacy and Decentralization

As a decentralized platform, we operate on the principle of minimal data collection. We do not collect personal identifying information or engage in KYC processes. All interactions are pseudonymous through wallet addresses. For technical details, see our Privacy Policy.

10. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING:

• Accuracy, completeness, or reliability of information
• Uninterrupted or error-free operation
• Security of data or transactions
• Investment performance or returns
• Compatibility with third-party services

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY IS LIMITED TO THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM. WE ARE NOT LIABLE FOR:

• Investment losses or poor performance
• Indirect, consequential, or punitive damages
• Loss of profits, data, or business opportunities
• Third-party actions or blockchain network issues
• Force majeure events

12. Indemnification

You agree to indemnify and hold us harmless from claims arising from:

• Your use of the Platform
• Violation of these Terms
• Infringement of third-party rights
• Your investment decisions

13. Decentralized Finance Operations

arkly.capital operates as a fully decentralized finance platform under the following principles:

• Self-custody of digital assets and tokens at all times
• No KYC or personal data collection requirements
• Pseudonymous transactions through wallet addresses
• Peer-to-peer transactions without intermediaries
• User responsibility for tax compliance in their jurisdiction
• Non-custodial token management and ownership
• Autonomous smart contract operations
• Permissionless access to all platform features

14. Platform Access and Operations

Access to the platform may be restricted due to:

• Technical violations or abuse of smart contracts
• Suspected exploitation or malicious activity
• Smart contract security concerns
• Network maintenance or upgrades

As a non-custodial platform, your tokens remain under your control at all times, regardless of platform access status.

15. Dispute Resolution

Disputes will be resolved through binding arbitration under the rules of the American Arbitration Association. You waive the right to participate in class action lawsuits.

16. Governing Law and Jurisdiction

These Terms are governed by the laws of Seychelles. As a decentralized platform, we operate under principles of financial sovereignty and permissionless access, independent of traditional regulatory frameworks.

17. Changes to Terms

We may modify these Terms with notice. Continued use of the Platform constitutes acceptance of the updated Terms.

18. Severability

If any provision of these Terms is found invalid, the remaining provisions will continue in effect.

19. Contact Information

For questions about these Terms, contact us at:

20. Effective Date

These Terms are effective as of December 1, 2024, and supersede all previous agreements.