These Terms and Conditions ("T&Cs") of Arcium Verein, Grabenstrasse 25, 6340 Baar, Switzerland ("Arcium") apply to (i) the use of the website gmpc.xyz ("Website"), (ii) potential user and command line interfaces and software made available on the Website as a service ("Software") and (iii) all other services provided via the Website. The provision of and access to Software and Website and all services related thereto are referred to as "Services".

Terms and conditions of the User shall not apply, even if Arcium has not expressly objected to their application in individual cases.

By using the Services offered via the Website, the User confirms that he/she has read the T&C and fully agrees to them. By using the Services, the User accepts the T&C in a legally binding manner. Should this not be the case, the use of the Website, Software, and the Services by the User is not permitted.

In these T&Cs, the following terms shall have the meanings assigned to them herein:

The User assures and warrants that the User has the right, authority, and capacity to enter the T&Cs on behalf of himself/herself or the entity which the User represents.

The offer of the Software is directed exclusively at and the use of the Services is only permitted to (i) natural persons who have reached the age of eighteen (18) or (ii) legal entities.

The User requires a state-of-the-art internet browser and an internet connection to use the Services. The User shall be obliged to keep his/her browser and the device used to access the Website up to date.

The User shall not access or use the Services if the User is prohibited from doing so, whether by Applicable Law or under these T&Cs.

The features and functionalities of the Services are described on the Website.

The Services are provided via the internet and Arcium makes the Services available for use by Users via the Website. Software is not delivered to the User and no rights to receive Software, whether as source code or object code, are granted. Arcium grants to the User a simple (non-exclusive), non-transferable, non-sublicensable right to access and use the Services via the Internet in accordance with these T&Cs.

For the avoidance of doubt: The User does not receive the right to read, receive or edit the Software.

The entire content of the Services, including but not limited to Arcium's logo and all designs, texts, graphics, images, information, data, software, sound files, other files as well as their selection and arrangement is and remains the property of Arcium, affiliated entities, or third-party licensors. Arcium reserves all rights not expressly granted herein.

Arcium reserves the right to adapt, improve, expand, change, modify and delete the Services in whole or in part on an ongoing basis to improve the User's experience or for other business purposes. Arcium further reserves the right to discontinue the Services, any feature of Software or any portion thereof at any time at Arcium's sole and reasonable discretion.

In the event that Software is expressly provided for testing and evaluation purposes only, the User acknowledges that the Software may not operate with full functionality.

The User acknowledges that all enhancements provided by Arcium are the sole property of Arcium or third parties, even if they result from requests or reports from the Users, and the User has no rights to any requests or reports made. By submitting feedback, the User agrees that Arcium is free to use such feedback at its discretion and without additional compensation to the User and to disclose such feedback to third parties (whether on a non-confidential basis or otherwise).

Arcium shall enable the use of the Services within the framework of the current state of the art. Arcium reserves the right to temporarily restrict access to the Services or the possibility of using it in whole or in part if this is necessary due to capacity limits or the security or integrity of the Services or in order to carry out technical measures that serve the proper provision or improvement of the Services (e.g., for maintenance work).

Arcium is not obliged to provide updates or upgrades for the Services or to adapt the Services in any other way to possible changes in hardware and/or software (in particular operating systems).

The User may require a Wallet for use of the Services. Arcium does not offer a Wallet to Users and is not obliged to do so. The User must ensure that a Wallet has the necessary compatibility with the Blockchain. Arcium does not recommend particular Wallets, the User should do his/her own research.

The use of the Software requires the User to connect the Wallet to the Software.

The User shall ensure that he/she treats the Wallet, associated passwords, access data, the Private Key and any recovery identifiers (seeds) (together and individually the "Wallet Access Data") confidentially and that the Wallet Access Data, insofar as the User has access to them, are secured against access by third parties by means of appropriate technical and organizational measures.

The User is aware that anyone who has access to the Wallet Access Data may misuse the Wallet. The User must at any times store Wallet Access Data in a secure manner and shall prevent any exposing of Wallet Access Data while entering the Wallet Access Data. If the User gains knowledge of or could have known that another person has access to Wallet Access Data, the User shall immediately change the Wallet Access Data concerned or secure the respective Crypto Assets.

The User bears sole responsibility for the Wallet and the Wallet Access Data. The User is aware that the loss of control over the Wallet may lead to the loss of Crypto Assets, or to the rights to a Crypto Asset no longer being able to be proven and that Crypto Assets can no longer be disposed of.

Arcium has neither access to nor influence on the Wallet, Wallet Access Data or Crypto Assets of the User. Arcium therefore bears no responsibility whatsoever for the Wallet and the User's Crypto Assets. In particular, Arcium is not able to recover access to Crypto Assets if the User loses the Wallet Access Data.

The User is solely responsible for all actions taken by his/her Wallet connected to the Services or Software, whether authorized by the User or not. Due to the non-custodial and decentralized nature of the Blockchain, Arcium is no intermediary, agent, advisor or custodian, and has no fiduciary relationship or obligation to User regarding any decision or activity of User using the Services.

Except as expressly permitted by Applicable Law or express written agreement of Arcium, the User will not, directly or indirectly,

1(a) reverse engineer, decompile, disassemble or otherwise attempt to discover any source code, object code or underlying structures, ideas, know-how or algorithms relevant to the Services, Software or data associated with the Services, disassemble or otherwise attempt to discover any of its components;

1(b) make any modifications to the Services or Software, create any translations of the Services or Software, or create any derivative works based on the Services or Software;

1(c) use the Services or Software for the benefit of any third party in violation of the T&C;

1(d) take any measures aimed at circumventing technical protection measures of the Software or the Services and to refrain from any form of unauthorized use of the Software or the Services, in particular attempts to overcome or circumvent the security mechanisms of the Software or to disable them in any other way, to use computer programs that enable the automatic reading of data, as well as to use/implement and/or disseminate viruses, scripts, trojan horses, worms, malware, timebombs, brute force attacks, spam, or other harmful components, programs or procedures that are suitable to harm Arcium, the Software and/or other Users;

1(e) use the Software or the Services for money laundering, terrorism financing, tax or sanctions evasion or other illegal activities and, in particular breach section 14 (Prevention of money laundering, terrorist financing and violations of financial sanctions);

1(f) engage in or promote illegal activities, in particular fraudulent activities;

1(g) use the Services or the Software improperly or against the Applicable Law of the country in which the Software is provided or used;

1(h) use the Services or the Software in any jurisdiction or country if that use would subject Arcium to any requirement of registration or authorisation in such jurisdiction or country; or

1(i) use, employ or operate bots or other forms of automation, or any techniques to modify your internet protocol address (including use of a Virtual Private Network (VPN)) or otherwise circumvent the above restrictions, when using the Software.

The User shall take all necessary and reasonable steps to prevent or limit any damage caused by the use of the Services.

The User bears sole responsibility for the payment of possible taxes incurred by the User in connection with the use of the Services. Users are strongly advised to contact the responsible authorities to ensure compliance with their possible tax and, where applicable, social security obligations. It is the sole responsibility of the Users to report any income to the responsible authorities.

If there is a reasonable suspicion that the User is creating a risk or possible legal liabilities or not acting in accordance with the T&Cs, Arcium may limit, suspend, or terminate the access to the Services, or portions thereof, and/or take technical and legal steps to prevent the User from accessing or using the Services, in particular, but not limited to, a case of:

1(a) a breach of section 3 (User requirements);

1(b) a breach of section 7.1 (Prohibited Use);

1(c)a breach of section 14 (Prevention of money laundering, terrorist financing and violations of financial sanctions).

This shall be without prejudice to further legal remedies available to Arcium under Applicable Law, including, without limitation, the initiation of civil and criminal proceedings and claims for damages by Arcium against the User.

To the fullest extent permitted under Applicable Law, any and all guarantees and warranties with respect to the Services, either express or implied (including any implied warranties of merchantability, fitness for a particular purpose, security and non-infringement), are hereby excluded. 

The Services are provided "as is," with all faults, defects, bugs, and errors. Arcium is not obliged to remedy any specific defects. Instead, Arcium shall be entitled but not obliged to make available an updated version of the Services to remedy defects. The User shall be obliged to use the most up-to-date version of the Services at all times. 

Arcium neither warrants nor guarantees that Arcium will continue to provide the Software and/or Services indefinitely. Any promises to the contrary purported to be made by Arcium's employees or otherwise on behalf of Arcium are invalid.

Arcium does not give any warranties of any kind regarding the functionality, viability, performance, features, or any other properties and characteristics of the Services. 

When a new version of the Services are released, all previous versions will lose their validity and will be overwritten by the update. These T&Cs shall govern any update and upgrade that replace or supplement the original Services.

The User can terminate the agreement between the User and Arcium for use of the Services in accordance with the T&Cs (the Agreement) at any time by stopping the use of the Services.

Arcium may terminate the Agreement at any time without notice by suspending the Services and ceasing to offer and/or support the Software or a part thereof.

Without prejudice to the foregoing provisions, either Arcium or the User may terminate the Agreement for good cause. A good cause on Arcium's side shall be, in particular, but not limited to, if one or more of the following events occur:

1(a) a breach of section 3 (User requirements).

1(b) a breach of section 7.1 (Prohibited Use).

1(c) a breach of section 14 (Prevention of money laundering, terrorist financing and violations of financial sanctions).

1(d) Arcium is required by law or order of an authority or court to terminate the provision of the Services and/or Software, for example because a supervisory authority or another authority or a court demand Arcium to terminate the provision of the Services and/or Software.

1(e) Arcium is unable to operate the Software and/or Services for an extended period of time for reasons beyond Arcium's control.

1(f) The provision of the Services becomes otherwise impossible or economically unreasonable for legal or factual, in particular technical, reasons.

The User acknowledges that a termination of the Agreement does not affect (i) the Wallet, (ii) the Blockchain or (iii) the User's Crypto Assets.

To the fullest extent permitted under applicable law, in no event will Arcium be liable for damages of any kind, under any legal theory, arising out of or in connection with the use of the Services by the User, these T&C, or relating to the the Blockchain, including any indirect, special, incidental, consequential, exemplary, or punitive damages, including, without limitation, personal injury, pain and suffering, emotional distress, diminution in value, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

Arcium shall not be liable for any damage arising from facts based on use contrary to these T&Cs or unauthorized modifications of the Services by the User or third parties.

The above limitations of liability also apply in the case of the fault of a vicarious agent of Arcium as well as for the personal liability of the organs, employees and representatives of Arcium.

The User acknowledges that legal regulations in the areas of blockchain-based services, cryptocurrencies and Crypto Assets may change, and that new regulations or guidelines may develop. New or changing regulations or interpretation of existing laws and regulations may adversely affect the qualification and/or transfer and/or viability and/or value of Services and the Crypto Assets in the future and Arcium's future development solutions. Arcium shall not be liable for any losses that the User may incur as a result of such possible developments and the consequences, if any, thereof for Arcium, the Blockchain, Crypto Assets and/or their benefit and value, if any.

The User agrees, at his/her own expense, to indemnify, defend, and hold harmless Arcium and its affiliates, licensors, and service providers, and its and their respective owners, members, agents, directors, officers, employees, contractors, agents, licensors, suppliers, representatives, affiliates, successors, and assigns (collectively, Arcium Parties) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or in connection with the User’s breach of these T&C, violation of any law or regulation, or any use of the Services. Arcium reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will fully cooperate with Arcium in asserting any available defense.

If the User has a dispute with one or more other Users or other third parties, the User releases all Arcium Parties from all claims, liabilities, damages, losses, costs, expenses, or fees of every kind and nature arising out of or in any way connected with such disputes.

The User acknowledges that the Services may incorporate experimental and novel technology and that the use of such technology involves a high degree of risk. For example, there are numerous reasons the Services could fail in an unexpected way. The User hereby agrees that he/she assumes all risks in connection with his/her use of the Services, and expressly waives and releases Arcium from any and all liability, claims, causes of action, or damages arising out of or in any way relating to him/her using the Services.

he Users understands and accepts the risk of operational challenges related to the Services. For example, the Services may experience cyber-attacks, unexpected surges in computation or transaction volume, or activity, or other operational or technical difficulties or vulnerabilities that may cause interruptions related to his/her use of the Services. The User agrees to accept the risk of a failure of the Services resulting from unanticipated or heightened technical difficulties or vulnerabilities, including those resulting from cyber-attacks. The User agrees not to hold Arcium accountable for any related losses or damages.

Legal and regulatory requirements applicable to the use of the Services may vary from jurisdiction to jurisdiction. The User acknowledges and agrees that he/she is solely responsible for evaluating the legality of using the Services in his/her jurisdiction. Arcium is not responsible for determining whether or which laws and regulations may apply to the User or his/her use of the Services.

Arcium does not owe any advice to the Users with respect to the Services. Any decisions on how to interact with the Services shall be made by the User on his/her own responsibility. and Services, and interaction with the Arcium Network.

Arcium cannot and will not provide the User with any binding information on future price developments, tradability, market developments or similar economic forecasts. All information on usage options and the Crypto Assets, in particular information on price developments, serve informational purposes only and are general comparative values which do not relate to the price development of the specific Crypto Asset. They are non-binding indicators. Arcium gives no assurance or warranty with regard to forward-looking statements.

Transactions on the Blockchain may be subject to Blockchain-based fees, such as those commonly referred to as "transaction fees". Such Blockchain-based fees are the responsibility of the User and cannot be influenced by Arcium.

The User is aware that Arcium cannot control or influence transactions of the User's Crypto Assets. Transactions and storage of Crypto Assets in the Blockchain is processed by participants of the Blockchain. Due to the lack of control and influence, Arcium is therefore not responsible for the existence, security or maintenance of the Blockchain and in particular bears no responsibility for the functioning or availability of the Blockchain, or Crypto Assets. In the event of a wrong or erroneous transaction, Arcium cannot make any corrections of transactions or the Blockchain. Before executing a transaction via a User's Wallet, the User is obliged to verify the parameters of the transaction.

The User acknowledges that the existence and functioning of the Crypto Assets is dependent on the Blockchain, which Arcium cannot influence. For example, Arcium cannot influence that Crypto Assets are properly stored, retrievable, or functional. Arcium is not liable for the existence, security, custody, interoperability, or maintenance of Crypto Assets. In particular, in the event of a transaction of Crypto Assets to an incorrect address, Arcium is neither able nor obliged to return the Crypto Assets to the User.

The User represents and warrants that the Services will not be used directly or indirectly in any illegal manner or for any illegal purposes, in particular not for any purposes related to money laundering, predicate offences of money laundering, terrorist financing or other activities that violate applicable law. The User represents and warrants that the Services will not be used to facilitate or engage in illegal activities, in particular activities related to money laundering, predicate offences of money laundering, terrorist financing or other activities that violate applicable law.

The User represents and warrants that, at the time of any use of the Services, no criminal or regulatory investigations are pending against the User or – where the User is not a natural person – against any of the User's affiliates, members of its managing or supervisory body, other senior executives, or shareholders in connection with the User's business activities.

The User represents and warrants that, at the time of any use of the Services,

1(a) the User is not included on a sanctions list of the United Nations, the USA, the European Union or any of its member states, the United Kingdom or Switzerland;

1(b) the User is neither acting (i) indirectly (e.g. as proxy or agent) on behalf of a natural or legal person included on a sanctions list referred to in section (a), or (ii) directly or indirectly transfers assets of any kind to a natural or legal person included on a sanctions list referred to in section (a); and

1(c) where the User is not a natural person, no shareholder of the User who directly or indirectly holds more than 25 per cent of its shares is included on a sanctions list referred to in section (a).

Should any of the aforementioned events occur, the User undertakes, to the extent permissible, to immediately notify Arcium and to immediately suspend the use of the Services and/or the Software and/or the Website immediately until the event has ceased to exist.

The User – where the User is not a natural person, the representative of the User on behalf of the User – confirms that he/she/it is acting exclusively in his/her/its own economic interest.

The User is aware that Arcium may be legally obliged to report activities with suspicion of illegal purposes, illegal manners, money laundering, predicate offences of money laundering, or terrorist financing to responsible authorities.

Arcium's privacy policy can be found at https://arcium.com/privacy.

Arcium may amend or modify these T&C at any time, provided that any such modification will apply only prospectively, and will not apply to any breach or dispute that arose prior to the effective date of the modification.

The T&Cs and the Agreement and their interpretation and any non-contractual obligations in connection with them are subject to Swiss substantive law without reference to conflict of law principles. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

Should one or more provisions of the T&Cs be or become invalid or unenforceable in whole or in part, this shall not affect the validity and enforceability of the remaining provisions of the T&Cs. In place of any provisions which are invalid or not incorporated in the T&Cs the statutory provisions shall apply. In all other cases, the parties shall agree a valid provision to replace the invalid or unenforceable provision which reflects as closely as possible the original economic purpose, provided a supplementary interpretation of the T&Cs does not have precedence or is not possible. The same applies in case of lacunas.

Exclusive place of jurisdiction for all disputes between the User and Arcium regarding the T&Cs, or otherwise concerning the Services and/or the Software and/or the Website, shall be Zug, Switzerland.