Terms & Conditions

1. These terms

These Terms and Conditions (“Terms”) govern your access to and use of the website at arkin.finance and any subdomain of it (the “Website”), and your registration of interest through our waitlist (the “Waitlist”).

By accessing the Website or joining the Waitlist, you confirm that you have read, understood and agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Website or join the Waitlist.

These Terms cover the Website and the Waitlist only. They are not an agreement for financial products or services. If and when we make our platform available to you, you will be asked to enter into a separate written agreement covering that platform, and that agreement will govern your use of it.

2. Who we are

The Website is operated by Arkin (“Arkin”, “we”, “us”, “our”).

You can reach us at hello@arkin.finance.

3. Important notices

Please read this section carefully. It is the most important part of these Terms.

Arkin is not a bank and does not hold financial services licences

Arkin is a software platform and management layer. We are not a bank, we are not a licensed financial institution, we do not hold client money, we do not provide custody, and we do not issue payment cards.

Where our platform makes banking, custody, card or currency conversion services available in future, those services are provided by licensed third-party providers under their own terms, licences and regulatory permissions, not by Arkin. Identity and business verification checks for those services are carried out by those providers or by specialist verification providers.

Nothing on the Website should be read as a claim that Arkin holds any banking, payment, money transmission, e-money, custody, exchange or capital markets licence in any jurisdiction.

Nothing here is an offer or a solicitation

The Website is provided for general information about Arkin and what we are building. Nothing on it constitutes:

• an offer, solicitation, recommendation or invitation to buy, sell, subscribe for or deal in any product, service, security, digital asset or financial instrument
• an offer or invitation to provide any regulated product or service in any jurisdiction where doing so would require a licence, authorisation or registration we do not hold
• an offer of securities or an invitation to invest in Arkin

The Website is not directed at any person in any jurisdiction where its publication or availability would be contrary to law or regulation.

No advice

Nothing on the Website is financial, investment, accounting, tax, legal or regulatory advice, and it does not take account of your objectives, financial situation or needs. You should obtain your own professional advice before making any decision based on anything you read here.

The platform is not live, and descriptions of it are indicative

Arkin is pre-launch. Descriptions of features, capabilities, timelines, pricing, integrations and partners on the Website describe what we are building and intend to offer. They are indicative only, they are subject to change without notice, and they are not a promise, commitment or guarantee that any particular feature will be built, will work in the way described, or will be available to you or in your jurisdiction.

Statements about the future are forward-looking. They depend on matters outside our control, including partner agreements, regulatory approvals and technical delivery. Do not rely on them.

Not for consumers or retail users

Arkin builds for operating businesses. The Website and the Waitlist are directed at businesses and the people who represent them, acting in the course of their business. They are not directed at consumers or retail users, and Arkin does not offer or intend to offer services to individuals in a personal capacity.

If you access the Website on behalf of a business, you confirm you are authorised to act for that business and to accept these Terms on its behalf.

4. Who may use the Website and the Waitlist

You may use the Website and join the Waitlist only if:

• you are at least 18 years old and have legal capacity to enter into these Terms
• you are acting in the course of a business, or on behalf of a business you are authorised to represent
• you are not located in, ordinarily resident in, or organised under the laws of a country or territory subject to comprehensive sanctions administered by Australia, the United States, the United Kingdom, the European Union or the United Nations
• you are not, and no person who owns or controls the business you represent is, listed on any sanctions or restricted-party list maintained by those authorities
• your use of the Website is lawful in the place you are accessing it from

We may decline access to the Website or the Waitlist to any person or business, at any time, for any reason, including where we consider that providing services to you would or might place us in breach of any law, sanctions regime or licensing requirement.

5. The Waitlist

What joining does

Joining the Waitlist registers your interest and lets us contact you about Arkin. That is all it does.

What joining does not do

Joining the Waitlist does not:

• create any account, product, service or facility for you
• entitle you to access to the platform, to early access, to a particular position in a queue, or to any particular pricing, terms or trial period
• oblige us to launch, to offer the platform in your jurisdiction, to accept you as a customer, or to onboard you within any timeframe
• create any contract between you and us for the supply of any product or service
• create any right, expectation or interest that can be transferred, sold or assigned

We may prioritise, reorder, pause, close or cancel the Waitlist at any time, and we may decline any application to become a customer for any reason, including where you do not meet the eligibility, verification or compliance requirements that will apply at onboarding.

Information you give us

You must give us accurate, current and complete information when you join the Waitlist, and keep it up to date. Do not impersonate anyone, misrepresent your affiliation with a business, or sign someone else up without their authority.

Do not send us identity documents, financial account details, wallet credentials, private keys, seed phrases or confidential information at this stage. We do not need them, we do not want them, and we will delete them rather than store them. See our Privacy Policy for what we do collect.

Communications

By joining the Waitlist you agree that we may contact you by email about Arkin, including launch news, product updates and invitations. You can unsubscribe at any time using the link in any email or by emailing us. You can ask us to remove you from the Waitlist entirely at any time, and we will.

6. Acceptable use

You must not:

• use the Website for any unlawful, fraudulent or deceptive purpose, or in breach of any sanctions, anti-money-laundering, export control or other applicable law
• use the Website to submit or transmit any material that is unlawful, defamatory, harassing, obscene, misleading or infringing
• introduce any virus, malware, trojan, worm or other harmful code, or otherwise attempt to damage, disable, overburden or impair the Website or any server or network connected to it
• attempt to gain unauthorised access to the Website, any account, any server or any system or network connected to it, or probe, scan or test its vulnerability without our prior written consent
• scrape, crawl, harvest, index, mine or systematically extract data or content from the Website by automated means, except by a search engine obeying our robots directives
• reverse engineer, decompile or disassemble any part of the Website, or attempt to derive its source code
• reproduce, duplicate, copy, republish, resell, frame or exploit any part of the Website for any commercial purpose without our prior written consent
• use the Website to send unsolicited advertising or promotional material, or to submit false or misleading Waitlist entries at scale
• remove, obscure or alter any copyright, trademark or other proprietary notice

We may investigate and take any action we consider appropriate in response to a breach of this clause, including blocking your access, removing your Waitlist entry, and reporting the matter to law enforcement.

7. Intellectual property

All intellectual property rights in the Website and its content, including the Arkin name, logo, brand, design, text, graphics, layout, code and documentation, are owned by Arkin or by our licensors. Nothing in these Terms transfers any of those rights to you.

You may view the Website, and print or download extracts, for your own internal business use in evaluating Arkin. You must not modify those extracts, use them separately from any accompanying text, or use them commercially without our prior written consent. Our status as the author of the content must always be acknowledged.

Third-party trademarks appearing on the Website belong to their respective owners and are used for identification only. Their appearance does not imply any endorsement or association.

8. Feedback

If you send us ideas, suggestions, feature requests or other feedback about Arkin, you agree that we may use it freely, for any purpose, without restriction, attribution or payment to you, and that you have the right to give it to us. We are not obliged to keep feedback confidential.

9. Linking to and from the Website

You may link to our home page, provided you do so in a way that is fair and lawful, does not damage our reputation or take advantage of it, and does not suggest any association, approval or endorsement by us that does not exist. You must not frame the Website on any other site. We may withdraw linking permission at any time.

The Website may contain links to third-party websites, resources and social media accounts. We provide those links for convenience only. We do not control them, we do not endorse them, and we are not responsible for their content, availability, security or privacy practices. Your use of them is at your own risk and subject to their terms.

10. Availability and changes to the Website

We do not guarantee that the Website will be available uninterrupted, secure or error free. We may suspend, withdraw, modify or discontinue all or any part of the Website at any time without notice, and without liability to you.

You are responsible for arranging your own access to the Website and for making sure that everyone who accesses it through your connection is aware of these Terms and complies with them.

11. Disclaimers

The Website and its content are provided “as is” and “as available”. To the maximum extent permitted by law, we exclude all conditions, warranties, representations and terms that might otherwise be implied by statute, common law or the law of equity.

Without limiting that, we do not warrant that the content of the Website is accurate, complete, current or free from error, or that the Website or the servers that make it available are free from viruses or other harmful components. Content may become out of date and we are under no obligation to update it.

12. Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you may have under a law that cannot lawfully be excluded, restricted or modified. Where our liability under such a law can be limited, our liability is limited, at our option, to resupplying the relevant services or paying the cost of having them resupplied.

Subject to the paragraph above, and to the maximum extent permitted by law, we will not be liable to you for any:

• loss of profits, revenue, sales, business, contracts, opportunity, anticipated savings, goodwill or reputation
• loss or corruption of data
• business interruption
• indirect, consequential, special, punitive or exemplary loss or damage

arising out of or in connection with your use of, or inability to use, the Website or the Waitlist, or your reliance on any content on the Website, whether in contract, tort including negligence, statute or otherwise, and whether or not we were advised that such loss might occur.

13. Privacy

Our Privacy Policy explains how we collect, use, disclose and protect personal information in connection with the Website and the Waitlist. It forms part of these Terms.

14. Changes to these Terms

We may amend these Terms at any time by posting an updated version on this page and changing the “Last updated” date. The version in force is the one published at the time you access the Website.

If we make a change that materially affects your rights, we will take reasonable steps to bring it to your attention, including by email if you are on the Waitlist. Your continued use of the Website or the Waitlist after a change takes effect means you accept the updated Terms. If you do not accept them, stop using the Website and ask us to remove you from the Waitlist.

15. General

Severability. If any provision of these Terms is found to be invalid or unenforceable, it will be severed to the minimum extent necessary and the rest of these Terms will continue in force.

Waiver. If we do not enforce a right or provision under these Terms, that is not a waiver of it, and it does not prevent us from enforcing it later.

Assignment. You may not assign or transfer your rights or obligations under these Terms. We may assign or transfer ours, including to a related body corporate or in connection with a merger, acquisition or restructure.

No agency. Nothing in these Terms creates a partnership, joint venture, employment, agency or fiduciary relationship between you and us.

Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us in relation to the Website and the Waitlist, and supersede any earlier understanding on that subject.

Survival. The important notices, intellectual property, feedback, disclaimers, limitation of liability and general clauses survive any termination of your access to the Website or removal from the Waitlist.

Force majeure. We are not liable for any failure or delay in making the Website available that is caused by an event beyond our reasonable control.

16. Contact us

Questions about these Terms: legal@arkin.finance

General enquiries: hello@arkin.finance

If you have a dispute with us, please contact us at legal@arkin.finance first and give us a reasonable opportunity to resolve it with you.