Privacy Policy

Copyright © 2021 - 2023 Arculus Holdings, L.L.C. – All Rights Reserved. Last updated in April 2023 (“Update Date”)

General

This website (the “Sites”) is hosted by Arculus Holdings, L.L.C. (“Company” or “our” or “we”). This Privacy Policy describes the types of information we collect on the Sites, how we use such information and to whom and under what circumstances we may disclose it. This Privacy Policy applies only to this website (www.arculus.co), our mobile sites, and our use of social media sites (collectively, the “Sites”), and any other personal information obtained when you call, email, or otherwise communicate with Company. By accessing the Sites on any computer, mobile phone, tablet, or other device (collectively, “Device”) or otherwise interacting with Company, you agree to the terms of this Privacy Policy. If you do not agree to the policy, please do not use the Sites. We may modify this Privacy Policy at any time, and will post the current version on the Sites. We encourage you to periodically review our Privacy Policy to stay informed about how we are using the information we collect.

Information That You Give Us

For the 12-month period prior to the date of this Privacy Policy, we explain here what categories of personal information we have collected, where we got it from, and with whom we have shared it:

Category of Personal Information CollectedSourcePurpose for CollectionCategories of Recipients
Contact information: such as name, email address, business or personal address, and phone number. From visitors to the Sites call us, sign-up for emails or another service, or otherwise interact with us. To communicate with and respond to visitors and our customers about the products we sell or the work we do for them, including verification of identity or to meet legal obligations. We may share this information with select marketing, information technology, or other service providers and partners.
Browsing information: such as your IP address, MAC address or other device identifier, HTTP Referrer information, the kind of browser or computer you use, pages and content that you visit on the Sites, what you click on, the state and country from which you access the Sites, date and time of your visit, and web pages you linked to our Sites from. Our Sites and your interactions with the Sites, including through the use of cookies and other tracking technologies explained further below. To evaluate usage of the Sites and improve performance and our services; to protect the security and integrity of the Sites and our business, such as preventing fraud, hacking, and other criminal activity or to meet legal obligations. Our service providers who help us with fraud protection and website analytics.
Financial information: such as name, card issuer and card type, credit or debit card number, expiration date, CVV code, and billing address. Users of the Sites provide us with this information when they register for specific services provided or complete transactions on the Sites. To complete financial transactions between you and Company for specific products or services provided on the Sites. Our service providers who help us process financial transactions.
Connection Information: such as when a user connects to a third-party partner for buy/swap and when a user uses send/receive.
**Please note that we do not know or track where assets are sent or received from.
Our Sites and your interactions with the Sites. To facilitate transactions with our partners and for affiliate and business purposes. Our service providers and partners that help us process transactions.

In some jurisdictions, such as the European Union and United Kingdom, individuals may have the right to opt-in or withdraw consent for certain uses. If you reside in such jurisdictions, you may have additional rights which are detailed in “Access, Correction, & Deletion."

Information We Collect Automatically

When you visit the Sites, we may collect certain information from you, including your Internet Protocol (IP) address, MAC address, browser type, operating system, device-identifying information, the specific web pages visited immediately preceding your connection, and the domain name from which you accessed the Sites. In addition, we may collect information about your browsing behavior, such as the date and time you visit the Sites, the areas or pages of the Sites that you visit, the amount of time you spend viewing the Sites, the number of times you return to the Sites and other clickstream data. We may also use non-personal or aggregated information for statistical analysis, research, and other purposes.

Like many commercial websites, we analyze how visitors use our Sites through what is known as “cookie” technology or similar tracking tools. A cookie is a small text file that is placed on your computer when you access the Sites and allows us to recognize you each time you visit the Sites. We may use cookies to: (1) allow you to use the Sites without having to re-enter your user name and password (if applicable); (2) enhance or personalize your Sites usage and shopping experience; (3) monitor Sites usage; (4) manage the Sites; and (5) improve the Sites and our products and services, including providing you with interest-based ads. For more information on our advertising, see below: “Interest-Based Advertising.” If you choose, you can set your browser to reject cookies or you can manually delete individual cookies or all of the cookies on your computer by following your browser’s help file directions. However, if your browser is set to reject cookies or you manually delete cookies, you may have some trouble accessing and using some of the pages and features that are currently on our Sites, or that we may put on our Sites in the future. Note that browser-management tools for cookies are outside of our control and we cannot guarantee their effectiveness. We may combine the information we collect through cookies, web beacons, or other technology tools with other information we have collected from you or information from other sources.

Your Choices

If you sign up for our mailing list, we will send you informational emails about offers of services. At any time, you can ‘unsubscribe’ yourself from our email list simply by clicking the ‘unsubscribe’ button. If you do not wish to receive communications from us about special offers and promotions, you can opt-out of receiving these communications by following the instructions contained in the messages you receive. Even if you opt-out of receiving these messages, we reserve the right to send you certain communications relating to the services we provide, and we may send you service announcements and administrative messages. We do not offer you the opportunity to opt-out of receiving those communications. For more information about interest-based advertising, including how you can manage advertising, please see below “Interest-Based Advertising.”

Disclosure of Information

We may disclose information collected from and about you as follows: (1) to our related companies and service providers, to perform a business, professional or technical support function for us; (2) to our business, sales and marketing partners and affiliates, advertisers or other third parties, who may contact you with their own offers; (3) as necessary if we believe that there has been a violation of the Sites Terms of Use or of our rights or the rights of any third party; (4) to respond to legal process (such as a search warrant, subpoena or court order) and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law; and (5) in the event that our company or substantially all of its assets are acquired, or there is a re-structuring, your personal information may be one of the transferred assets. We may also disclose your personal information with your express consent. We may share aggregate, non-personally identifiable information about Sites users with third parties.

Please note that if you voluntarily submit any personal information for posting on the Sites, such as a review or a blog post, the information becomes publicly available and can be collected and used by others, so you should use care before posting information about yourself online.

Interest-Based Advertising

We may use third-party advertising companies that use tracking technologies to serve our advertisements across the Internet. These companies may collect information about your visits to the Sites and other websites and your interaction with our advertising and other communications. These advertising companies serve ads on behalf of us and others on non-affiliated sites, and some of those ads may be personalized, meaning that they are intended to be relevant to you based on information collected about your visits to the Sites and elsewhere over time. Other companies may also use such technology to advertise on our Sites. You have the choice to tell us not to collect and use this information, and in some jurisdictions, we will only engage in interest-based advertising if you opt-in. If you would like more information about this practice and to know your choices concerning interest-based ads, visit:

https://www.networkadvertising.org/choices/

https://www.aboutads.info/choices

In Canada, please visit: https://youradchoices.ca/choices/

In the EU, please visit: https://www.youronlinechoices.eu/

In the UK, please visit: https://www.youronlinechoices.com/uk/

In Australia, please visit: https://www.oaic.gov.au/privacy/australian-privacy-principles

Retention of Personal Information

We will keep your personal information while you have an account with us or while we are providing products or services to you. Thereafter, we will keep your personal information for as long as is necessary:

  • To respond to any questions, complaints or claims made by you or on your behalf;
  • To show that we treated you fairly; or
  • To keep records required by law.

We will not retain your personal information for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of personal information. When it is no longer necessary to retain your personal information, we will delete or anonymize it.

Security

We maintain reasonable and appropriate measures designed to maintain information we collect in a secure manner. We have taken certain physical, electronic, and administrative steps to safeguard and secure the information we collect from visitors to the Sites. Even though we follow reasonable procedures to try to protect the information in our possession, no security system is perfect and we cannot promise, and you should not expect, that your information will be secure in all circumstances.

Children

The Sites are not directed to children, nor do we knowingly collect any personal information from children under the age of thirteen without verifiable parental consent. If you believe that a child has provided personal information to us, please contact us promptly using the contact information detailed in the “Contact Us” section below, and we will promptly investigate and then delete such information from our systems if warranted.

Third Party Websites

The Sites may contain links to third-party websites, such as social media sites like Facebook and Twitter, which may have privacy policies that differ from our own. We are not responsible for the activities and practices that take place on these websites. Accordingly, we recommend that you review the Privacy Policy posted on any external site before disclosing any personal information. Please contact those websites directly if you have any questions about their privacy policies.

Changes to This Privacy Policy

We may change this Privacy Policy from time to time, including as required to keep current with rules and regulations, new technologies and security standards. When we do, we will post the change(s) on our Sites. If we change the policy in a material and retroactive manner, we will provide appropriate notice to you.

Basis for Processing Personal Data

We may process personal data under the following conditions:

  • Consent: You have given your consent for processing personal data for one or more specific purposes.
  • Performance of a contract: Provision of personal data is necessary for the performance of an agreement with you and/or for any pre-contractual obligations.
  • Legal obligations: Processing personal data is necessary for compliance with a legal obligation to which the Company is subject.
  • Public interests: Processing personal data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company, such as facilitating the administration of justice, preventing fraud or other unlawful acts, or protecting the public.
  • Legitimate interests: Processing personal data is necessary for the purposes of legitimate business or commercial interests pursued by the Company.

In any case, we will gladly help to clarify the specific legal basis that applies to the processing, and whether the personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.

The table below explains what we use (process) your personal information for and our reasons for doing so:

What we use your personal information forOur reasons
To provide products and/or services to you. For the performance of our contract(s) with you or to take steps at your request before entering into a contract.
To prevent and detect fraud against you or our Company. For our legitimate interests or those of a third party, i.e., to minimize fraud that could be damaging for us and for you.
Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies. To comply with our legal and regulatory obligations.
Operational reasons, such as improving efficiency, training and quality control. For our legitimate interests or those of a third party, i.e., to be as efficient as we can.
Ensuring the confidentiality of commercially sensitive information. For our legitimate interests or those of a third party, i.e., to protect trade secrets and other commercially valuable information.
To comply with our legal and regulatory obligations.
Statistical analysis to help us manage our business. For our legitimate interests or those of a third party, i.e., to be as efficient as we can.
Preventing unauthorized access and modifications to systems. For our legitimate interests or those of a third party, i.e., to prevent and detect unauthorized and/or criminal activity that could be damaging for us and for you.
To comply with our legal and regulatory obligations.
Updating and enhancing customer records. For the performance of our contract(s) with you or to take steps at your request before entering into a contract.
To comply with our legal and regulatory obligations.
For our legitimate interests or those of a third party, e.g., making sure that we can keep in touch with our customers about existing orders and new products.
Corporate Filings/Statutory returns. To comply with our legal and regulatory obligations.
Ensuring safe working practices, staff administration and assessment. To comply with our legal and regulatory obligations.
For our legitimate interests or those of a third party, e.g., to make sure we are following our own internal procedures and working efficiently.
Marketing our existing and new products and services and those of selected third parties to:
  • existing and former customers;
  • third parties who have previously expressed an interest in our products or services;
  • third parties with whom we have had no previous dealings.
For our legitimate interests or those of a third party, i.e., to promote our business to existing and former customers.
External audits and quality checks, e.g., for Internal Organization for Standardization (ISO) or Investors in People accreditation and the audit of our accounts. For our legitimate interests or those of a third party, i.e., to maintain our accreditations.
To comply with our legal and regulatory obligations.

Promotional Communications

We may use your personal information to send you updates (by email, text message, telephone or post) about our products and services, including exclusive offers, promotions or new products and services.

We have a legitimate interest in processing your personal information for promotional purposes (see above “Basis for Processing Personal Data”). This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly.

We will always treat your personal information with the utmost respect and never sell or share it with other organizations outside of the Company for marketing purposes.

You have the right to opt out of receiving promotional communications at any time by:

• Contacting us by using the contact information detailed in “Contact Us” below.

Where Your Personal Information is Held

Information may be held at our offices and those of our third party service providers, representatives and agents as described above (see “Disclosure of Information”).

Some of these third parties may be based outside the European Economic Area. For more information, including on how we safeguard your personal information when this occurs, see “Transferring Your Personal Information Out of the EEA”.

Transferring Your Personal Information Out of the EEA

To deliver services to you, it is sometimes necessary for us to share your personal information outside the European Economic Area (EEA), e.g.:

Your information, including personal data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your personal data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

If you would like further information, please contact us or our Data Protection Officer (see “Contact Us”below).

Access, Correction, & Deletion

We respect your right to access and correct your personal information. You may exercise your rights, subject to applicable laws, to request that we delete or restrict access to your personal data. We may need to retain it for legally permitted purposes and this will be explained to you if necessary.

If you need assistance correcting or updating your personal information, or would like to request that we delete your personal information, please contact us using the contact information detailed in the “Contact Us” section below.

California Privacy Rights Disclosure

California law permits our customers who are California residents to request certain information about our disclosure of personal information to third parties for their own direct marketing purposes during the preceding calendar year. This request is free and may be made once a year. To make such a request, please write to us at the following address:

Arculus Holdings, L.L.C.
ATTN: General Counsel
309 Pierce Street
Somerset, NJ 08873 (USA)
legal@arculus.co
(908) 518-0500, Extension 2540

If you are a California resident, California law provides you with the following additional rights with respect to your personal information:

  • The right to know what personal information we have collected, used, disclosed and sold about you. You may submit a request to know by using the contact information detailed in this Section. You also may designate an authorized agent to make a request for access on your behalf.
  • The right to request that we delete any personal information we have collected about you. You may submit a request for deletion by using the contact information detailed in this Section. You also may designate an authorized agent to make a request for deletion on your behalf.

When you exercise these rights and submit a request to us, we may verify your identity. We also may use a third party verification provider to verify your identity. Your exercise of these rights will have no adverse effect on the price and quality of our goods or services. For the 12-month period prior to the date of this Privacy Policy, we have not sold personal information about our users; nor do we have any plans to do so in the future.

Your Rights

We want you to be in control of how your personal data is used by us. Please note that our ability to access or control your personal data will be limited, as required or permitted by applicable law. Depending on your jurisdiction, you may have the right to be informed of, and request access to, the personal data we process about you; update and correct inaccuracies in that information; have the information restricted or deleted; object or withdraw your consent to certain uses of data; and lodge a complaint with your local data protection authority. You may also have the right not to be subject to automated decision-making, including profiling, where it would have a legal or similarly significant effect on you; and the right to data portability with regard to the data you provided to us. We will not discriminate against you for the exercise of these rights. 

if you would like to exercise any of the rights described above, please send us a request by using the contact information in “Contact Us” below. In your message, please indicate the right you would like to exercise and your jurisdiction. We may ask you for additional information to confirm your identity and for security purposes, before disclosing the personal information requested to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive. We may not always be able to fully address your request, for example if it would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way.

How to Exercise Your Rights

If you would like to exercise any of your rights as described in this Privacy Policy, please contact us using the contact information detailed in the “Contact Us” section below.

Please note that you may only make a CCPA-related data access or data portability disclosure request twice within a 12-month period.

If you choose to contact directly by phone, email, or in writing, you will need to provide us with:

  • Enough information to identify you (e.g., your full name, address and customer or matter reference number);
  • Proof of your identity and address (e.g., a copy of your driving license or passport); and
  • A description of what right you want to exercise and the information to which your request relates.

We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information, or is someone authorized to act on such person’s behalf.

Any personal information we collect from you to verify your identity in connection with you request will be used solely for the purposes of verification.

Right to Lodge Complaints

We are transparent about the ways in which we collect and use personal information, and welcome your questions and concerns. We hope that we or our Data Protection Officer can resolve any query or concern you raise about our use of your information.

If you have any concern or complaint about the way we handle your personal information, please contact us using the contact information detailed in the “Contact Us” section below. To the extent you believe we have not addressed your concerns or otherwise choose to do so, you have the right to lodge a complaint with a supervisory authority in the country where you reside.

If you are a United States resident, you may contact the US Federal Trade Commission regarding your concerns. For more information, please see: https://www.ftc.gov/faq/consumer-protection/submit-consumer-complaint-ftc

Visitors from Outside the United States—Cross-Border Transfer

The Sites are hosted in the United States. If you are visiting the Sites from outside the United States, your information may be transferred to, stored and processed in the United States or other countries in accordance with this Privacy Policy. The data protection and other applicable laws of the United States or other countries may not be as comprehensive as those laws or regulations in your country or may otherwise differ from the data protection or consumer protection laws in your country. Your information may be available to government authorities under lawful orders and law applicable in such jurisdictions. By using the Sites and/or providing personal information to us, you consent to transfer of your information to our facilities as described in this Privacy Policy.

Contact Us

If you have questions or concerns about this Privacy Policy or how we collect and use the information of our customers, you can contact us by sending a letter to us at the appropriate address below:

If you live in the United States or any other country outside of the European Union, EFTA States, or the United Kingdom, the data controller responsible for your personal data is Arculus Holdings, L.L.C., with an address of:

Arculus Holdings, L.L.C.
ATTN: General Counsel
309 Pierce Street
Somerset, NJ 08873, USA

If you live in the European Union, EFTA States, or the United Kingdom, the data controller is Arculus Holdings, L.L.C., with an address of:

Our Data Protection Officer’s contact details:

Steven J. Feder, General Counsel
Arculus Holdings, L.L.C.
ATTN: Data Protection Officer
309 Pierce Street
Somerset, NJ 08873, USA
legal@arculus.co
(908) 518-0500, Extension 2540

If we need, or are required, to contact you concerning any event that involves your information, we may do so by email, telephone, or mail.

This Privacy Policy was last updated on April 15, 2023

Arculus Card Terms of Sale

Copyright © 2021 - 2023 Arculus Holdings, L.L.C. – All Rights Reserved. Last updated in April 2023 (“Update Date”)

The Arculus card is sold by Arculus Holdings, L.L.C, a Delaware limited liability company whose principal offices are located at 309 Pierce Street, Somerset, New Jersey 08873, USA. The Arculus card is used together with the Arculus Cold Storage Wallet mobile application for cryptocurrency and other digital assets (“Digital Assets”).

Overview

As used herein, “You” and “Your” mean the purchaser of the Arculus card (“Card”). “We,” “Us,” “Our,” and “Arculus” mean Arculus Holdings, L.L.C.; and its affiliates, agents, authorized representatives, successors, and assignees.

These Arculus Terms of Sale (“Terms”) govern Your use of the Card that You just purchased. The Card is used to access Your Arculus Cold Storage Wallet (“Arculus Cold Storage Wallet”) to store and make transactions for Digital Assets. “Digital Asset” means the different cryptocurrencies that We may recognize and support from time to time in Your Arculus Cold Storage Wallet. Please read these Terms carefully before accessing or using Your Card. By using the Card to access Your Arculus Cold Storage Wallet You (a) acknowledge that You have read and understand these Terms; and (b) accept these Terms and agree that You are legally bound by them. If You do not agree to all the Terms, then You may not access or use Your Card or Arculus Cold Storage Wallet.

The following documents govern Your use of the Card with Us: (1) these Terms; (2) all Statements; (3) any privacy notices; (4) Our Website Terms and Conditions; (5) the Arculus Cold Storage Wallet Usage Terms And Conditions; (6) all disclosures and materials provided to You before or when You opened Your initial account; (7) any other documents and disclosures relating to Your account, including those provided online; and (8) any future changes We make to any of the above (collectively, the “Agreement”). Please read the Agreement carefully and store a copy for future reference.

Rights and Restrictions for Your Card

These Terms apply whether or not You use Your Card or Arculus Cold Storage Wallet. They will continue to apply as long as You have any Digital Assets in Your Arculus Cold Storage Wallet. You must take reasonable steps to prevent the unauthorized use of Your Card and Arculus Cold Storage Wallet. Our third-party services providers may decline to authorize any buy or swap transaction for any reason. Neither We nor our third-party services providers can block or decline Your ability to store, send, or receive supported Digital Assets with the Arculus Cold Storage Wallet. We and/or Our third-party services providers are not responsible for any losses You incur if Our third-party services providers do not authorize a transaction for any reason. You must not use, or try to use, the Card or Arculus Cold Storage Wallet for any illegal activity. You are responsible for any charges if You do. We are not liable for any losses that may result when Our services are unavailable due to reasons beyond Our control.

You understand and acknowledge that Your use of the Card and Arculus Cold Storage Wallet are at Your sole discretion and risk. It is Your responsibility to adopt good security practices in order to protect Your Digital Assets. If You lose Your Card, You can restore Your Arculus Cold Storage Wallet with a recovery phrase created when You set up Your initial profile. The recovery phrase should be stored separately from the mobile device and card. You are responsible for safekeeping Your recovery phrase and any PIN You need to access Your Arculus Cold Storage Wallet with the Card. Arculus cannot retrieve Your recovery phrase if You lose or forget them. We strongly advise You to store a backup copy of Your recovery phrase and PIN in a safe place and never reveal your recovery phrase to anyone. Arculus will never ask you for your recovery phrase.

If Your Card is lost or stolen or if You think someone else may be using Your Card or Arculus Cold Storage Wallet without Your permission, You should contact Arculus Customer Service immediately.

If You use the Card to access Your Arculus Cold Storage Wallet for Digital Asset storage and transactions, You acknowledge that Arculus is not responsible or liable for safeguarding Your private keys and recovery phrase. Furthermore, Arculus is not responsible for any loss of Digital Assets resulting from theft, loss, or mishandling of encrypted private keys or recovery phrase which are outside of Our control.

Limited Warranty

We warrant that Your Card will be free from defects in material and workmanship and will operate under normal use conditions during the warranty period of two (2) years (“Warranty Period”) starting from the day the Card is received by You. This limited warranty covers failures or malfunctions that occur to the Card during the Warranty Period under normal use conditions.

This limited warranty shall not apply to: (i) normal wear and tear; (ii) damage or loss resulting from accident, abuse, misuse, neglect, or improper usage or handling; (iii) damage resulting from undue physical or electrical stress, including but not limited to high voltage surges or extreme temperatures; (iv) damage or loss of the product caused by acts of nature including but not limited to floods, storms, fires, and earthquakes; or (v) damage caused by alteration of the Card by You or anyone other than Us (“Warranty Exceptions”).

Our limited warranty is strictly limited to replacement of the Card itself. If Your Card was damaged or defective at the time it was delivered to You or if the Card fails to work at any time under normal use conditions during the Warranty Period, provided such failure was not caused by a Warranty Exceptions, then You may return the defective Card to Arculus and get a replacement Card free of charge. Arculus will not give you a free replacement Card after the Warranty Period expires. Your warranty rights under this Section 4 are personal in nature, and are not transferable by You to anyone else. Further, any Card that has not been purchased by You directly from Us is expressly excluded from the scope of the above limited warranty.

Disclaimer

IN NO EVENT WILL ARCULUS AND ITS AFFILIATES, AND THEIR CURRENT OR FORMER EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, REPRESENTATIVES, AGENTS, ADVISORS, OR CONTRACTORS, OR ANY OF ITS OR THEIR RESPECTIVE THIRD-PARTY SERVICES PROVIDERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY OR INABILITY TO USE YOUR CARD OR ARCULUS COLD STORAGE WALLET, LOST REVENUES OR PROFITS, DELAYS, INTERRUPTION OR LOSS OF SERVICES, BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA, LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION OR SHUTDOWN, FAILURE TO ACCURATELY TRANSFER, READ OR TRANSMIT INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION, SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT INFORMATION OR BREACHES IN SYSTEM SECURITY, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT ARCULUS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS AGREEMENT SHALL OPERATE TO LIMIT OR EXCLUDE ANY LIABILITY FOR FRAUD, GROSS NEGLIGENCE OR FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

Representation & Warranties by You

You are over eighteen (18) years of age or are of legal age to enter into a binding contract in Your jurisdiction and You have the right, power and authority to enter into this Agreement;

You are a resident, domiciled in the country listed in Your purchase transaction;

You are not impersonating any other person, operating under an alias or otherwise concealing Your identity;

You are the sole ultimate beneficial owner of Your Card and Arculus Cold Storage Wallet;

You are the owner of Your mobile device being used with Your Card and Arculus Cold Storage Wallet;

You will not use the Card and/or Arculus Cold Storage Wallet if any applicable laws in Your jurisdiction (state or country) prohibit You from doing so in accordance with this Agreement;

You acknowledge and agree that You have observed and complied with all applicable laws, regulations or rules in Your jurisdiction in connection with any Digital Asset storage or transaction in or through Your Arculus Cold Storage Wallet at Your own expense and without liability to Arculus;

Conduct

In connection with Your use of the Card and Arculus Cold Storage Wallet, You agree not to:

  • Use the Card or Arculus Cold Storage Wallet to perform illegal, unlawful or immoral activities under any federal, state, local or foreign law.
  • Use the Card or Arculus Cold Storage Wallet in any manner that could reasonably be expected to infringe upon intellectual property rights.
  • Use the Card or Arculus Cold Storage Wallet in any way that could damage, disable, impair or compromise security systems.

Risk of Loss / Returns

All purchases of Cards are made pursuant to a shipment contract. The risk of loss and title for such items pass to You upon Our delivery to the carrier.

Indemnification

You agree to indemnify, defend and hold harmless Arculus and Our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, services providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of Your breach of these Terms, the Agreement or the documents they incorporate by reference, or Your violation of any law or the rights of a third-party.

Intellectual Property

Arculus retains all right, title, and interest in and to its brands, logos, and trademarks. You have no right to use such Brands for any purpose without Our prior consent.

Choice of Law

Your use of the Card or Arculus Cold Storage Wallet and this Agreement, together with its application and interpretation, shall be governed exclusively by the laws of the State of New Jersey, USA without regard to its conflict of law rules.

Severability

If any section of these Terms is declared invalid or void, the remaining sections shall remain in full force and effect.

Binding Agreement

These Terms are binding upon You, Your heirs, successors, assigns, and other representatives. We reserve the right to modify these Terms from time to time, with or without notice to You.

Notices

All notices, requests, and communications under these Terms shall be in writing. If We need to communicate with You, We will send notices to either Your home address or email address on file.

Privacy Policy

By using the Card or Arculus Cold Storage Wallet, You confirm that You have read and understood Our Privacy Policy. For more information, Our Privacy Policy is located here: https://www.getarculus.com/privacypolicy

Feedback

If You have any feedback, questions or complaints, please contact Us via email at contact@arculus.co. We will attempt to respond as soon as possible.

No Transfer of Terms

These Terms, and any rights and obligations granted hereunder, are limited, revocable, non-exclusive and personal to You. They may not be transferred to any third party without Our written consent.

Entire Agreement

This Agreement represents the final and complete contract between Us and You. It supersedes all prior documents and representations related to the subject matter.

Arculus Cold Storage Wallet Usage Terms

Copyright © 2021 - 2023 Arculus Holdings, L.L.C. – All Rights Reserved.Last updated in April 2023 (“Update Date”)

The Arculus Cold Storage Wallet, provided by Arculus Holdings, L.L.C, a Delaware limited liability company, whose principal offices are located at 309 Pierce Street, Somerset, New Jersey 08873, USA, is a cold storage wallet for cryptocurrency and other digital assets (“Digital Assets”).

This is a binding “Agreement” between Arculus Holdings, L.L.C. (“Arculus,” “We,” “Our” or “Us”) and the person, persons, or entity (“You”, “Your” or “Yourself”) using the Arculus Cold Storage Wallet (consisting of the Arculus card and mobile device app) together with any enhancements, updates, maintenance releases, modifications, revisions, or additions thereto (collectively “Arculus Cold Storage Wallet”) to buy, swap, send, receive, and store Digital Assets. The terms in this Agreement may from time to time be updated or amended. We will post any such updates on the Arculus Cold Storage Wallet or Our website, located at www.getarculus.com (“Website”). Such updated terms as posted will take effect immediately unless otherwise indicated. You should regularly check the Arculus Cold Storage Wallet or Our Website to inform Yourself of any such changes. In addition, We at any time may change, add, or remove any feature or functionality of the Arculus Cold Storage Wallet without prior notice to You. By continuing to use the Arculus Cold Storage Wallet after any such changes have taken effect, You are indicating Your acceptance of the updated or amended terms as well as Your acceptance of the updated Arculus Cold Storage Wallet. If You do not wish to be bound by any changes or amendments to this Agreement, You should stop using the Arculus Cold Storage Wallet immediately.

Rights and Restrictions

(a) The Arculus Cold Storage Wallet is copyrighted by Arculus and is licensed under the terms and conditions of this Agreement. It is not sold to You. Subject to You remaining in full and ongoing compliance with the terms and conditions of this Agreement, Arculus hereby grants You a personal, limited, nonexclusive, nontransferable, non-assignable, revocable license to use the Arculus Cold Storage Wallet in machine-readable, object code form only, and only as authorized in this Agreement.

(b) Except as this Agreement expressly permits, You shall not, and shall not permit any other person to:

  • Copy the Arculus Cold Storage Wallet, in whole or in part;
  • Modify, correct, adapt, translate, enhance or otherwise prepare derivative works or improvements;
  • Rent, lease, lend, sell, sublicense, assign, distribute, or make the Arculus Cold Storage Wallet available to others;
  • Reverse engineer, disassemble, decompile, decode or adapt the Arculus Cold Storage Wallet;
  • Bypass or breach any security devices;
  • Remove, alter, or obscure any trademarks or notices on the Arculus Cold Storage Wallet;
  • Use the Arculus Cold Storage Wallet in any manner or for any purpose not expressly permitted by this Agreement.

(c) As of the Update Date, the Arculus Cold Storage Wallet is available for use in all U.S. states and certain other countries. Certain Digital Asset transactions, specifically buying and/or swapping Digital Assets, are available only in specific jurisdictions. You may not use the Arculus Cold Storage Wallet to buy or swap Digital Assets in jurisdictions where it is illegal.

(d) As of the Update Date, the Digital Assets that can be stored, sent, received, bought, or swapped through the Arculus Cold Storage Wallet are listed on Our Website. Additional Digital Assets may become available in the future.

(e) You understand and acknowledge that Your use of the Arculus Cold Storage Wallet is at Your sole discretion and risk. We strongly advise You to store a backup copy of Your recovery phrase, private keys, and any other access codes in a safe place.

(f) You acknowledge that if you lose access to your recovery phrase and private keys, you will not be able to access the Arculus Cold Storage Wallet.

(g) Third-Party Providers may impose limits on the amount of Digital Assets You can buy or swap.

Digital Asset Risks

(a) All transactions involving Digital Assets involve risks. Digital Assets are subject to regulatory changes that may adversely affect their use, transfer, and value.

(b) Arculus is not responsible for safeguarding Your private keys and recovery phrase, or for any loss of Digital Assets resulting from theft, loss, or mishandling.

(c) Arculus does not endorse, guarantee, or recommend any Digital Assets. You must conduct Your own due diligence before making any transactions.

(d) Arculus does not provide financial, tax, or legal advice. We do not store Digital Assets for You.

(e) Digital Assets may be vulnerable to attacks on their blockchain technology. Arculus is not liable for any lost Digital Assets resulting from such attacks.

(f) Digital Assets are not protected by any government-backed compensation schemes.

(g) You are responsible for determining any taxes related to Digital Asset transactions. Arculus is not responsible for tax obligations.

(h) You acknowledge that Digital Asset forks may affect their value, and Arculus may choose not to support certain Forked Assets.

Conduct

In connection with Your use of the Arculus Cold Storage Wallet, You agree not to:

  • Perform illegal, unlawful, or immoral activities;
  • Modify or adapt any part of the Arculus Cold Storage Wallet;
  • Attempt to derive the source code;
  • Infringe upon intellectual property rights;
  • Damage, disable, impair, or compromise security systems;
  • Gain unauthorized access to other users' accounts;
  • Deposit Digital Assets from criminal activities;
  • Use the Arculus Cold Storage Wallet in any jurisdiction where it is prohibited.

Default

You will be in default if We determine You made false statements, violated applicable laws, or failed to comply with this Agreement.

Disclaimer

(a) Arculus provides the Arculus Cold Storage Wallet on the terms set forth in this Agreement.

(b) Arculus does not endorse any Digital Assets. You must conduct your own due diligence.

(c) The Arculus Cold Storage Wallet is provided "AS IS" without any warranties of any kind.

(d) Arculus is not responsible for any claims or damages arising from Your use of the Arculus Cold Storage Wallet.

Representation & Warranties By You

You represent and warrant that You are over eighteen (18), have the authority to enter into this Agreement, and have complied with all applicable laws.

Intellectual Property

Arculus retains all rights to its brands, logos, and trademarks. You have no right to use them without prior consent.

Choice of Law

Your use of the Arculus Cold Storage Wallet and this Agreement will be governed by the laws of the State of New Jersey.

Severability

If any section of this Agreement is declared invalid, the remainder will remain in full force and effect.

Binding Agreement

This Agreement is binding upon You and Your heirs, successors, and assigns.

Notices

Notices will be sent to the address or email on file. You must communicate with Us through the provided contact details.

Acknowledgement

By using the Arculus Cold Storage Wallet, You confirm that You have read and understood Our Privacy Policy.

Third-Party Providers

You are responsible for ensuring that any third-party service providers or blockchain networks you use comply with applicable laws.

Feedback

If you have feedback, questions, or complaints, please contact us via email. We will respond as soon as possible.

No Assignment

You may not assign or transfer your rights under this Agreement without Our written consent.

Indemnification

You agree to indemnify Arculus for any claims arising from Your breach of this Agreement or Your use of the Arculus Cold Storage Wallet.

Entire Agreement

This Agreement is the complete contract between You and Arculus and supersedes all prior representations or understandings.