Terms of Service and Privacy Policy

Last Updated: July 16, 2026

1. Introduction

Welcome to ar.io.

The services offered on our ar.io platform (the "Platform") are owned and operated by Stichting ar.io, a foundation (stichting) organized under the laws of the Netherlands ("ar.io", "we", "us", "our", or the "Foundation"). Please read these Terms of Service and Privacy Policy (this "Agreement") carefully, as you are agreeing to be bound by these terms by using our Service.

This Agreement applies to all Users of the Service. If you do not agree with any part of this Agreement, you must not use the Service. Your continued use of the Service will constitute your acceptance of this Agreement. Any new features or tools which are added to the current Service shall also be subject to this Agreement. You can review the most recent version of this Agreement at any time here. We reserve the right to update, change, or replace any part of this Agreement by posting updates and/or changes. It is your responsibility to check the Service periodically for changes. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.

PLEASE NOTE: OUR PLATFORM COLLECTS LIMITED USAGE AND ANALYTICS INFORMATION IN CONNECTION WITH YOUR USE OF CERTAIN SERVICES, AS DESCRIBED IN THE PRIVACY SECTION BELOW. OUR USE AND SHARING OF SUCH INFORMATION IS DISCLOSED IN AND GOVERNED BY THIS AGREEMENT (SEE THE PRIVACY SECTION BELOW), WHICH YOU ACKNOWLEDGE YOU HAVE READ AND WITH WHICH YOU AGREE AS PART OF USING THE PLATFORM.

PLEASE NOTE FURTHER: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE. BY BINDING YOURSELF TO THIS AGREEMENT AND USING OUR SERVICES HEREUNDER, YOU EXPRESSLY WAIVE YOUR RIGHT TO BRING CLAIMS OUTSIDE OF ARBITRATION.

General Terms

2. Definitions

Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing, and no definition should be considered binding to the point that it renders this Agreement nonsensical:

"Agreement" means these Terms of Service.

"ar.io", "we", "us", "our", or the "Foundation" refers to the Foundation, our Platform, Service, or a combination of all or some of the preceding definitions, depending on the context of the word.

"Registered User" means a User who has created a User Account, as described in Section 7.

"Service" refers to our Platform, and any other products, websites, applications, and services offered by us including, without limitation, the ARIO token services as set forth in the relevant whitepaper, the ar.io gateway network, ar.io Console, the Arweave Name System (ArNS), and any mobile and desktop applications or software offered by us.

"ArNS" means the Arweave Name System, a naming system that allows Users to register and manage names that resolve to permaweb content.

"ARIO" means the ARIO token, the native utility token used within the Service for functions such as ArNS name registration and gateway or delegated staking.

"Gateway" means an ar.io gateway that provides access to data stored on the Arweave network.

"Console" means ar.io Console, an application through which Users may, among other things, upload and access data and manage credits.

"Turbo" and "Credits" have the meaning given in Section 11.

"User" refers but is not limited to all users of the Service.

"User Content" refers to any content, digital files, text, communications, images, photos, links, and other material submitted by a User to any section of the Service where Users are allowed to submit content.

"You" refers to you, the person who is entering into this Agreement with ar.io.

3. Eligibility

In order to use our Service, you must meet a number of conditions, including but not limited to:

You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, us, and you. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.

You must be over the age of eighteen (18) or at least thirteen (13) having the written consent of your parent or guardian.

You must not sign up or use the Services on behalf of a natural person or entity other than (i) yourself, (ii) a person to whom you are a legal guardian, and/or (iii) a person on whose behalf you are legally authorized to act.

4. Rules of Use

The Service is made available for your lawful use in accordance with this Agreement, whether for personal, business, developer, gateway-operator, or other commercial purposes. You are responsible for ensuring your use complies with this Agreement and all applicable laws.

You may not use our Service for any unlawful purpose and agree that it is solely your responsibility to ensure that the use of the Service is lawful in the jurisdiction in which you are located. In addition to other prohibitions as set forth in the Agreement, you must not:

Use the Service to solicit others to perform or participate in any unlawful acts.

Use the Service to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.

Use the Service to infringe upon or violate our intellectual property rights or the intellectual property rights of others.

Use the Service to harass, abuse, insult, harm, defame, slander, disparage, intimidate, bully, or discriminate, or threaten any of the above, based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; or to use hateful speech against any other person or User for any reason.

Use the Service to submit false or misleading information.

Use the Service to collect, track, and/or publish the personal information of others.

Use the Service to spam, phish, pharm, pretext, spider, crawl, or scrape.

Use the Service to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses without any refund to you for prepaid Service, if any.

We reserve the right to limit functionality of your account (temporarily or permanently) due to technical, security, legal, or other reasons, including, but not limited to:

ability to log into your account;

ability to edit existing content.

5. Acknowledgment

You acknowledge and agree that the Service provides decentralized gateway, naming (ArNS), and related permaweb infrastructure, and — through applications such as ar.io Console — the ability to upload and access data on the Arweave network. We have no control over the content that you or other Users upload to, or access through, the Service. We are not responsible, and you hereby fully release us, from any damages resulting from your use of the Service.

6. Modifications to the Services

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) in its entirety as well as with regard to any individual User without notice at any time. We reserve the right to reclaim and repurpose any username or URL on the Service.

We shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Service in accordance with this Section.

7. Account Creation

In order to access certain features of the Service, you must become a Registered User by creating an account ("User Account").

You should not reveal your login credentials to any other person. We will never ask you to reveal your credentials. If you misplace your credentials, you CANNOT request to have your access to the Service restored. You agree to indemnify ar.io and its employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers harmless for any improper or illegal use of any of your User Account. This includes illegal or improper use by someone to whom you have given permission to use your User Account or whom you have negligently allowed to access your User Account.

8. User Content

You are solely responsible for any User Content submitted by you. With respect to private communications, we shall only share such communications upon your prior consent unless we are required to share such communication by operation of the law (e.g., subpoena, investigation, court order, etc…). You are responsible for complying with all laws applicable to your User Content. You agree not to submit to the Service, or transmit to other users of the Service, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, or rights of privacy or publicity). You will not provide inaccurate, misleading or false information to us or to any other User of the Service. If information provided to us, or another user of the Service, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.

You represent and warrant that you have all necessary rights in and to any User Content that you submit within the Service, that such User Content does not infringe any proprietary or other rights of third parties, that all such content is accurate and will not cause injury to any person or entity, and that you will indemnify ar.io and its employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers for all claims resulting from your submitted and posted content. If any such materials incorporate the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant ar.io permission to use any such name, voice, likeness and/or image of such individual appearing in the materials you post throughout the world in perpetuity.

You acknowledge and agree that all User Content whether publicly posted or privately transmitted to the Service is at your sole responsibility and risk. We disclaim any responsibility for the backup and/or retention of any User Content transmitted to the Service.

WE HAVE NO ABILITY TO DELETE OR MODIFY DATA THAT YOU OR OTHERS UPLOAD TO THE ARWEAVE NETWORK (FOR EXAMPLE, THROUGH ar.io CONSOLE). DATA UPLOADED TO ARWEAVE IS PERMANENT AND INDELIBLE, AND YOU ASSUME ALL RISKS IN CONNECTION WITH SUCH DATA. Do not upload anything you are not prepared to have stored permanently and, if public, accessible by anyone.

Zero Tolerance for Child Sexual Abuse Material (CSAM). You must not use the Service to store, upload, transmit, or link to any child sexual abuse material or any content that sexually exploits or endangers minors. We report apparent CSAM to the National Center for Missing & Exploited Children (NCMEC) and/or appropriate authorities as required by applicable law (including 18 U.S.C. § 2258A). Although data on the permaweb cannot be deleted, we will take available measures — such as removing content identifiers so the content is not searchable or accessible via gateways that we operate — and we may terminate your access to the Service.

9. Your Interactions with Other Users

You are solely responsible for your interactions with other Users, if any. We do not verify the identity or statements of our Users and make no representations or warranties as to the conduct of any User.

We are not responsible for the conduct of any User, whether online or offline. In no event shall we, our agents, affiliates, or partners be liable (directly or indirectly) for any losses or damages of any kind arising out of or relating to the conduct of you or any other User in connection with the use of the Service, including any damages arising from User Content or communications between Users.

You agree to exercise caution and good judgment when accessing or interacting with User Content submitted by other Users.

You may not use any portion of the Service to collect information, including login credentials, about other Users, and any use of such information to send unsolicited communications is strictly prohibited.

10. Your Personal Information

Your submission of personal information through the Service is governed by this Agreement.

11. In Service Purchases

Certain features of the Service may be subject to a fee. These features may include the possibility to purchase certain products or services (such as file storage) via the Service. Applicable fees are displayed in the Service in connection with the respective feature of the Service. We have published Services fees on our website which is fully incorporated herein by reference and to which, by using our Service, you consent and agree. We reserve the right to change the pricing for the goods and services offered through the Service at any time.

You are responsible for all charges and usage on your User Account or using your user credentials and all purchases made by you or anyone that uses your User Account or user credentials, including applicable taxes. You may pay using the methods available in the Service from time to time, and you agree to the terms and conditions applicable to each payment method you choose, including any additional payment processing fees which may be applicable. We are not responsible or liable for any issues related to the services provided by the payment provider to you in connection with the purchase.

You (i) represent that you are authorized to use the payment method you use and that any payment information you provide is true and accurate; and (ii) authorize us and/or the applicable payment provider to charge you for the Service using your payment method. You must promptly update all billing information to keep it current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify the us and the applicable payment provider if your credit card is canceled, lost or stolen or if the security of your payment method has otherwise become compromised.

You are solely responsible for any costs you incur to access the Service through any Internet, wireless or other communication service, such as any fees for web browsing, messaging, and data usage on an Internet provider's or wireless carrier's network. Check with your carrier to determine the fees that apply.

Payments, Tokens, and Credits

Different parts of the Service use different payment methods, and responsibility for those payments differs accordingly:

• ARIO tokens (ArNS and staking). Registering or leasing ArNS names and participating in gateway or delegated staking are performed on-chain using ARIO tokens. These are blockchain transactions between you and the relevant protocol; they are permanent and irreversible once submitted, and pricing is determined by the protocol, not by us.

• Turbo Credits (uploads and top-ups). Where the Service — including ar.io Console — allows you to purchase upload credits or "top-ups," those credits are Turbo Credits provided by ArDrive (Permanent Data Solutions, Inc.), a separate company, and are governed by ArDrive's own Terms of Service. ar.io does not sell, issue, hold, or control Turbo Credits and is not responsible or liable for the Turbo service, its pricing, expiration, refunds, or availability. Your purchase and use of Turbo Credits is a transaction between you and ArDrive.

• AR paid directly. Where you pay for data storage by spending Arweave network tokens ("AR") directly, the AR is paid to the Arweave network to store your data; it is not received, held, or controlled by us, and we are not responsible or liable for any AR so spent, including with respect to amounts, network pricing, or failed or delayed transactions.

You are solely responsible for maintaining sufficient tokens or Credits and for the security of your wallet and keys.

Arweave Name System (ArNS)

If you register, lease, or manage names through the Arweave Name System ("ArNS"), you acknowledge and agree that:

• On-chain and irreversible. ArNS registrations and related actions are recorded on-chain and are permanent and irreversible once submitted. We cannot reverse, refund, transfer, or modify a registration on your behalf.

• Lease vs. permanent purchase. Names may be leased for a period or purchased permanently, as offered at the time of registration. Leased names may expire if not renewed, after which they may become available to others. It is your responsibility to manage renewals.

• Names, undernames, and ANTs. A registered name is controlled by an associated name token (e.g., an ANT) held in your wallet; you are solely responsible for the security of that token and your wallet. You may create undernames and configure records subject to protocol rules.

• No guarantee of availability or continuity. We do not guarantee that any particular name is or will remain available, or that any name or its resolution will function without interruption. Certain names may be reserved, restricted, or returned to the protocol.

• Trademark and third-party rights. You represent that your registration and use of a name does not infringe any third party's trademark or other rights. We do not adjudicate name disputes and are not responsible for names registered by others. Where required by law or protocol policy, we may decline to resolve — or remove from gateways that we operate — names that we believe infringe third-party rights or violate this Agreement.

• Not DNS domains. ArNS names are permaweb names; they are not ICANN/DNS domain names, and registration confers no rights in any DNS domain name.

Gateways, Staking, and Network Participation

The ar.io network is an open, permissionless protocol operated by independent third parties. If you operate a gateway, stake ARIO, or delegate your stake to a gateway operator, you acknowledge and agree that:

• Protocol-governed and permissionless. Eligibility, rewards, penalties (including reductions or "slashing" of staked tokens), and other outcomes are determined automatically by the ar.io protocol and its network smart contracts, not by the Foundation. You participate at your own risk and are responsible for your own hardware, software, security, uptime, and legal and tax compliance.

• No guarantee; not an investment. The Foundation does not guarantee any rewards, returns, uptime, token value, or continued operation of the network. Operating a gateway, staking, and delegated staking are utility functions that support the operation of a decentralized network. They are not an investment, security, deposit, loan, or financial product, and nothing in this Agreement is an offer of, or solicitation for, any of the foregoing. The Foundation is not a broker, dealer, exchange, custodian, money transmitter, or financial institution, does not take custody of your tokens, and provides no financial, investment, tax, or legal advice.

• Delegated staking is between you and the operator. Where you delegate stake to a gateway operator, that relationship is between you and the operator. The Foundation is not a party to it and is not responsible for an operator's performance or conduct or for any resulting gains or losses.

• Independent operators. Gateway operators are independent third parties. The Foundation does not operate, control, or endorse third-party gateways and is not responsible for the content they serve or their conduct. If you operate a gateway, you are responsible for the content you serve and for compliance with lawful requests and applicable law in your jurisdiction.

• Open-source software, provided as is. Gateway and related software is provided on an open-source, "as is" basis, and you are solely responsible for the software you choose to run.

12. License Restrictions

You agree that by using our Service, you are receiving a license to access, download, and use the Service in compliance with this Agreement, applicable laws, and any additional terms located within our Service which are hereby incorporated into this Agreement by reference. This license may be used by you only, and you are solely responsible and liable, and agree to indemnify us to the fullest extent, including attorneys' fees and court costs, for any legal action or dispute that arises from the use of your license by someone other than you. You must not attempt to reverse engineer, redistribute, resell, or otherwise copy or manipulate our Service.

We may revoke our license to you at any time for any reason without notice or explanation, and we shall not, in any event, be liable to you for any losses suffered as a result of any unanticipated cancellation of our Service. We will generally attempt to notify you prior to cancelling your access to our Service unless you have breached this Agreement or any applicable law, though we are not obligated to do so.

13. Usage Information

You acknowledge and agree that we may use, track, store, copy, distribute, broadcast, transmit, publicly display and perform, reproduce, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit any feedback or other information that you provide to us via the Services in accordance with the privacy policy hereunder. If you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of such information or materials, you agree to and hereby do assign solely and exclusively to us all of your right, title and interest in and to such information or materials, without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity. If such assignment is ineffective under applicable law, you hereby grant us the sole and exclusive, irrevocable, sub-licensable, transferable, worldwide, royalty-free license to reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display, use, and practice such information or materials, and to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in such information or materials.

14. Errors and Inaccuracies

We make every effort to provide complete, accurate, and up-to-date information on our Service. Unfortunately, it is not possible to ensure that any service is completely free of human or technological errors. Occasionally, our Services may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to change or update information at any time without prior notice.

We assume no obligation to update, amend, or clarify information in the Service or any Third-Party Service (as defined below), including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any Third-Party Service, should be taken to indicate that all information in the Service or on any Third-Party Service has been modified or updated.

15. Third-Party Services

At times, the Service may allow you to connect to or communicate with other apps, websites, or services owned, operated, or controlled by third-parties, including those linked to by other Users ("Third-Party Services"). Links to Third-Party Services are offered strictly for informational and convenience purposes and should not be construed as referrals or endorsements by us of the Third-Party Services. The Third-Party Services are developed and maintained by the respective third parties and are governed by their own terms of service and privacy policies. You should read the privacy policies and terms of service agreements of all Third-Party Services. We are not responsible for the content of Third-Party Services, nor do we make any warranties or representations with regard to the content, accuracy, opinions, warranties, products or services, privacy or security, intellectual property compliance, or links of such Third-Party Services.

16. Server Downtime

Our Service may become unavailable from time to time due to security reasons, legal reasons, technical updates, or other reasons. You agree that we are not obligated to inform you of such downtime — even if we are aware that it may occur — or to provide a reason for it, and that you release us from all liability relating to the unavailability of our Service.

17. Our Copyright

We rely on the uniqueness of its Service and content to distinguish itself from third-party competitors. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Service, including content licensed to us by third parties, without receiving our prior written permission.

18. Trademarks

ar.io, ARIO, and their various image marks (as found on the Service) are trademarks used by us to uniquely identify our Service and business. You agree not to use these phrases anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our Service or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own service, whether or not it competes directly or indirectly with us or our Service.

19. Revocation of Consent

We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.

20. Copyright & Trademark Infringement

We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act (DMCA). However, it is important for you to understand that we do not operate servers to store any data uploaded via the Service. File uploads get stored in unrecognizable immutable pieces across thousands of other people's computers. No single, complete file is ever actually uploaded. The files get broken into pieces and a data identifier is assigned to those pieces in order to collect and access them at a later time. As such, we cannot remove a file from the servers; however, if we receive a DMCA notice from you, we will work to have the data identifier to such content removed so that the content is not searchable or accessible via gateways that are operated by us (we have no control over third-party gateways using our open source technology).

If you believe that your copyright has been infringed, please send us a message which contains:

Your name.

The name of the party whose copyright has been infringed, if different from your name.

The name and description of the work that is being infringed.

The location on our Platform of the infringing copy.

A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.

A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification electronically and send it to our Copyright Agent at email: "legal (at) ar (dot) io".

Letters containing the foregoing may be mailed to:

Copyright Agent Stichting ar.io Keizersgracht 391 A, 1016EJ Amsterdam Netherlands email: "legal (at) ar (dot) io"

Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information to that above in regard to any allegation of trademark infringement, and we will address it as soon as practicable.

Repeat Infringers. In appropriate circumstances and at our sole discretion, we will limit access to the Service and/or terminate the accounts of Users who are determined to be repeat infringers of the intellectual property rights of others.

21. Communications Decency Act & Constitutional Protection

Similar to the DMCA provisions above, United States law include Section 230 of the Communications Decency Act and the First Amendment to the Constitution of the United States, create a defense for us for the actions of third parties in regard to any defamatory content posted on our Service. Although we are not liable for defamatory words posted on our Service by our Users even if given notice, we do prohibit defamation under this Agreement and we may, if we believe the situation warrants it, take action against the offending User. Please notify us at email: "legal (at) ar (dot) io" if any of our Users have posted anything that you believe is defamatory. Note that administrators and management should, ideally, be the first party you contact in response to any defamation by another User.

22. Representations & Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.

WE ARE NOT RESPONSIBLE FOR ANY ACTIONS BY AN ADMINISTRATOR, MANAGER, EMPLOYEE, OR OTHER USER WHICH MAY CAUSE HARM TO YOU, EVEN IF WE BECOME AWARE IN ADVANCE THAT SUCH ACTIONS MAY OR WILL OCCUR AND DO NOT NOTIFY YOU.

WE ARE NOT RESPONSIBLE FOR ANY ERRORS IN INFORMATION PROVIDED THROUGH OUR SERVICE OR ANY OTHER DAMAGE THAT MAY ARISE FROM SUCH CONTENT.

WE ARE NOT LIABLE FOR ANY FAILURE OF THE SERVICES PROVIDED BY OUR SERVICE OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS WHICH PREVENT ACCESS TO OUR SERVICE TEMPORARILY OR PERMANENTLY.

THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS "REPRESENTATIONS & WARRANTIES" SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

BY USING ANY OF OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY OF THIS SECTION APPLY EQUALLY ACROSS ALL OF OUR SERVICES.

For Jurisdictions that Do Not Allow Us to Limit Our Liability

Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

Those who access or use the Service from other jurisdictions not in the United States do so at their own volition and are entirely responsible for compliance with all applicable United States, foreign, and local laws and regulations, including but not limited to export and import regulations. Your promise and agree to use the Service in strict compliance with any local, domestic, national, and/or territorial laws, rules, and regulation that are or may be applicable.

23. Indemnification

You agree to indemnify and hold harmless us and any of our affiliates, employees, officers, directors, agents, successors, and assigns for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our Service to you, including any damages caused by your use of our Service, or the permitted use by others of your license and User Account. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

24. Assignment

We may assign or delegate this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms without our prior written consent, and any unauthorized assignment and delegation by you is ineffective.

25. Choice of Law

This Agreement shall be governed by the laws in force in the State of New York. The offer and acceptance of this contract are deemed to have occurred in the State of New York.

26. Forum of Dispute

For purposes of this Section, "Disputes" means any dispute, claim, or controversy arising out of or relating in any way to this Agreement, the Service, or your use of the Service, or any products or services offered or distributed through the Service.

Informal Resolution First. Before bringing a formal Dispute, you agree to first contact us at email: "legal (at) ar (dot) io" with a brief written description of the Dispute and your contact information, and to work with us in good faith to resolve it informally for at least thirty (30) days. Many Disputes can be resolved this way.

If we cannot resolve a Dispute informally, then, except for the claims described below, all Disputes shall be resolved exclusively by final, binding, individual arbitration administered by the American Arbitration Association ("AAA") before a single arbitrator under its applicable rules. You hereby waive your right to have any Dispute heard by a judge or jury, except as otherwise set forth in this Section 26. The provisions of this Section 26 shall constitute your and ar.io's written agreement to arbitrate Disputes under the Federal Arbitration Act. This Agreement, including this agreement to arbitrate, may be amended only as provided in Section 47 (Amendments).

Small Claims Option. Either party may instead bring an individual claim in a small claims court of competent jurisdiction, so long as the claim qualifies and remains in that court. Proceeding in small claims court does not require you to waive any damages or remedies to which you would otherwise be entitled.

Your Right to Opt Out of Arbitration. You may opt out of this agreement to arbitrate within thirty (30) days after you first accept this Agreement by sending written notice to email: "legal (at) ar (dot) io" that includes your name, wallet address, and a clear statement that you wish to opt out of arbitration. If you opt out, Disputes will be resolved in the courts identified in this Section, and your opt-out will not affect any other provision of this Agreement.

You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. In addition, you agree that disputes shall be arbitrated only on an individual basis and not in a class, consolidated, or representative action. The arbitrator does not have the power to vary these provisions.

Notwithstanding anything to the contrary in this Agreement, either party may bring suit in a court of competent jurisdiction in the State of New York, seeking an injunction or other equitable relief arising out of or relating to the infringement of a party's or a third party's intellectual property rights.

You agree that any cause of action arising out of or related to the service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action shall be permanently barred.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys' fees, court costs, and disbursements in doing so.

You agree that any Dispute that, for whatever reason, is deemed not subject to the jurisdiction requirements set forth above shall be subject to exclusive jurisdiction in the state or federal courts located in New York, New York.

27. Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

28. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each other's operation, we shall have the sole right to elect which provision remains in force.

29. Non-Waiver

We reserve all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

30. Termination & Cancellation

We may terminate your access to our Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.

31. Assignment of Rights

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

32. Corporate Information

Stichting ar.io is a foundation (stichting) organized under the laws of the Netherlands.

33. California Users & Residents

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about the Foundation must be addressed to our agent for notice and sent via certified mail to that agent. For our agent's most current contact information, please send a request to email: "legal (at) ar (dot) io".

Lastly, California Users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

User Privacy Terms

34. Glossary & Data Privacy Manager Contact

In addition to the definitions outlined in Section 2, please also use this Glossary to understand the meaning of the terms used in these User Privacy Terms.

Lawful Basis

"Legitimate Interest" means the interest of our business in conducting and managing our business to enable us to give you the best Service and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our Legitimate Interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).

"Performance of Contract" means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

"Comply with a legal or regulatory obligation" means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

Third Parties

"Internal Third Parties" means other companies controlled by us acting as joint controllers or processors and who are based in the US.

"External Third Parties" means (i) service providers who provide IT and system administration services; and/or (ii) professional advisers, including lawyers, bankers, auditors and insurers based in the US who provide consultancy, banking, legal, insurance and accounting services.

Controller

"Controller" means us, ar.io, who controls and is responsible for your personal data. We have appointed a data privacy manager (DPM) who is responsible for overseeing questions in relation to these User Privacy Terms. If you have any questions about these User Privacy Terms, including any requests to exercise your legal rights, please contact the DPM using the details set out below.

DPM Contact Details

Attn: Data Privacy Manager Stichting ar.io Keizersgracht 391A Amsterdam, Netherlands email: "legal (at) ar (dot) io"

35. Information Collected

We use different methods to collect data from and about you including through:

Automated technologies or interactions: As you interact with our Service, we may automatically collect Mobile Info (see below) about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies.

Identifying Information

We are designed to minimize the personal information we collect. Where the Service uses a self-custodied wallet, we do not require your name, address, or other identifying information to create an account. In limited cases — for example, when you make a purchase — a third-party payment processor may collect your email address and billing information in order to process the transaction, and that information is handled under the processor's own privacy policy. Except as described in this Agreement, we do not seek to collect information that directly identifies you ("ID Info").

Non-Identifying Information

Whenever you use our Service, we may collect non-identifying information ("Non-ID Info") from you, such as your IP address, referring URL, operating system, cookie information, and Internet Service Provider. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, this information alone cannot usually be used to identify you.

Mobile

When you download or access the Services via a mobile device, we may receive information about your location (based on your IP address) and your mobile device, including various unique identifiers associated with your device, hardware type, and the version of your operating system ("Mobile Info"). We may use this information to operate, secure, troubleshoot, and improve the Services.

36. Use of Your Information

We may use your information to:

Enhance or improve User experience or our Service.

As consented by you in Section 35 above.

The lawful bases we rely on to process your personal data include your consent, our legitimate interests, the performance of a contract, and compliance with a legal or regulatory obligation, depending on the specific purpose for which we use your data.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.

37. Accessing, Editing & Removing Your Information

Although most changes may occur immediately, information may still be stored in your web browser's cache or app's local memory. We take no responsibility for stored information in your cache, or in other devices that may store information, and disclaim all liability of such. In addition, we may, from time to time, retain residual information about you in our backup and/or database.

38. Cookies, Web Beacons, Browser Local Storage & Similar Technologies

Cookies are small data files that are placed on your computer or other devices by websites that you visit.

We may use cookies for various purposes including, but not limited to, remembering your preferences, maintaining user sessions, improving security of our services, and collecting usage information.

Since cookies are used to maintain user sessions, it is necessary that you enable cookies in your browser to be able to log into the Service, and you hereby acknowledge that we have informed you of our use of cookies and that you consent to our use of cookies in relation to the platform by which you are accessing our Service.

We may use the Web Storage API (a.k.a, local or session storage) provided by your browser or app to cache information related to your account, including your personal data.

We may use various third-party services that may use cookies, web beacons, and similar technologies to collect information. Such services include, but are not limited to, web analytics services and similar services.

This Agreement does not cover cookies practices used by third-party service providers. We will do our best to maintain links to privacy policies of the third-party service providers that we use in this document.

39. Third-Party Websites

We may post links to third-party websites on our Service. Additionally, other materials made available through our Service may contain third-party website links or files. We do not screen third-party websites or files for privacy or security issues, and you release us from any liability for the conduct or content of these third parties.

Please be aware that this Agreement, and any other policies in place, in addition to any amendments, does not create rights enforceable by third parties or require disclosure of any personal information relating to members of the Service. We bear no responsibility for the information collected or used by any advertiser or third-party website. Please review the privacy policy and terms of service for each site you visit.

40. Third-Party Access to Your Information

Although you are entering into an agreement with us to disclose your information to us, we do use third-party individuals and organizations to assist us, including contractors, web hosting companies, and others.

Throughout the course of our provision of our Service to you, we may delegate our authority to collect, access, use, and disseminate your information. For example, our web host stores the information that you provide us, and we may hire outside contractors to perform maintenance or assist us in securing our Service.

It is therefore necessary that you grant the third parties we may use in the course of our business the same rights that you afford us under this Agreement. For this reason, you hereby agree that for every authorization which you grant to us in this Agreement, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving our Service or its underlying files or systems. You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.

Without limiting the generality of the foregoing, you authorize us to collect, share, store, exchange, and otherwise use your information in conjunction with the Service.

41. Release of Your Information for Legal Purposes

At times, it may become necessary or desirable, for legal purposes, to release your information in response to a request from a government agency or a private litigant. You agree that we may disclose your information to a third party where we believe, in good faith, that it is desirable to do so for the purposes of a civil action, criminal investigation, or other legal matter. In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you, and release your information to, third parties where we believe that it is prudent to do so for legal reasons, such as our belief that you have engaged in fraudulent activities. You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants.

42. Security Measures

We take certain measures to enhance the security of our Service, specifically: (i) the Service is protected by multiple firewalls for secure access; (ii) the Service is protected by SSL certificates that encrypts all ingress and egress traffic; (iii) Network Security Groups (NSG) allow only the intended traffic to traverse between the servers hosting the application; and (iv) periodic vulnerability assessment and penetration testing is carried out on the Service.

43. Your Legal Rights

You have the right to:

Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. Because we collect little or no information that directly identifies you, we may hold little or no personal data responsive to such a request; we will nonetheless honor valid requests to the extent required by applicable law and to the extent we actually hold such data.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us. Because we collect little or no information that directly identifies you, we may hold little or no personal data responsive to such a request; we will nonetheless honor valid requests to the extent required by applicable law and to the extent we actually hold such data.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. Because we collect little or no information that directly identifies you, we may hold little or no personal data responsive to such a request; we will nonetheless honor valid requests to the extent required by applicable law and to the extent we actually hold such data.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms. Because we collect little or no information that directly identifies you, we may hold little or no personal data responsive to such a request; we will nonetheless honor valid requests to the extent required by applicable law and to the extent we actually hold such data.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (i) if you want us to establish the data's accuracy; (ii) where our use of the data is unlawful but you do not want us to erase it; (iii) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (iv) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it. Because we collect little or no information that directly identifies you, we may hold little or no personal data responsive to such a request; we will nonetheless honor valid requests to the extent required by applicable law and to the extent we actually hold such data.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Because we collect little or no information that directly identifies you, we may hold little or no personal data responsive to such a request; we will nonetheless honor valid requests to the extent required by applicable law and to the extent we actually hold such data.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide our Service to you. We will advise you if this is the case at the time you withdraw your consent.

No fee usually required so that you will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

Time limit to respond to your legitimate requests will be one (1) month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

If you wish to exercise any of the rights set out above, please contact our DPM (see above).

44. Your California Online Privacy Rights

We permit residents of California to use our Service. Therefore, it is our intent to comply with the California Business and Professions Code §§ 22575-22579. If you are a California resident you may request certain information regarding our disclosure of personal information to any third parties for their direct marketing purposes. Various provisions throughout this Agreement address requirements of the Californian privacy statutes. In summary, you must presume that we collect electronic information from all visitors. You may contact us at email: "legal (at) ar (dot) io" with any questions.

45. International Transfer

We are based in the Netherlands. Some of our service providers are located outside the European Economic Area (EEA), so their processing of your personal data may involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.

Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.

Where we use providers based in the US or other countries outside the EEA, we rely on appropriate safeguards — such as the European Commission's Standard Contractual Clauses (SCCs), or the EU-US Data Privacy Framework where the provider is certified — to ensure a comparable level of protection for your personal data.

Please contact our DPM (see Section 35) if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

46. Entire Agreement; Order of Precedence

This Agreement, together with any terms expressly incorporated by reference (including pricing published on our website and any product-specific terms presented to you within the Service), constitutes the entire agreement between you and us regarding the Service and supersedes all prior or contemporaneous agreements and understandings. In the event of a conflict, the following order of precedence governs: (1) any product-specific terms you expressly accept within the Service; (2) these Terms of Service; and (3) any other incorporated materials, including FAQs and help content, which are provided for informational purposes only and do not modify this Agreement. For the avoidance of doubt, Turbo Credits are governed by ArDrive's separate Terms of Service, as described in Section 11.

47. Amendments

We may amend this Agreement from time to time. When we do, we will post the updated Agreement within the Service or on our website and update the "Last Updated" date at the top. Because accounts may be self-custodied wallets and we may not have a means of contacting you directly, we do not provide individual notice of changes, and any change becomes effective when posted. Each time you use the Service, you accept the version of this Agreement then in effect, and your continued use of the Service after a change is posted constitutes your acceptance of the amended Agreement. If you do not agree to a change, you must stop using the Service. It is your responsibility to review the current Agreement before each use. Historic versions can be obtained by contacting us (see Section 35).