> ## Documentation Index > Fetch the complete documentation index at: https://docs.arc.io/llms.txt > Use this file to discover all available pages before exploring further. # Terms of use > The Terms of Use for using the Arc Network and the Arc Network Testnet. ***Last Updated: May 15, 2026*** These Arc Network Terms of Use (these "Terms" or this "Agreement") constitute a binding legal agreement between you ("you," "your") and the applicable Circle entity offering the relevant network instance: Circle Technology Services, LLC ("CTS") with respect to the Arc Network Testnet (the "Testnet"), and Arc Network Services LLC ("ANS") with respect to the Arc Network Mainnet ("Arc" or the "Network"). CTS, with respect to the Testnet, and ANS, with respect to Arc, each as applicable, is referred to in these Terms as the "Company," "we," "our," or "us." These Terms govern your access to and use of Arc and the Testnet, including any access to or use of Arc or the Testnet by any AI Agent (defined below) or other automated system acting on your behalf or using your credentials, access rights, or permissions. Arc is a permissionless open source L1 blockchain initially deployed by ANS and intended over time to be operated, validated, and governed by a broader set of Validators (defined below) and other participants. Arc uses a Proof-of-Authority consensus mechanism, under which permissioned Validators secure the Network and produce blocks. The Company makes no representation or commitment as to the timing, manner, or extent of any change in the consensus mechanism, validator set, governance, or operation of Arc or the Testnet. The Testnet is a testing environment deployed by CTS solely for development, experimentation, research and other non-production purposes. The Testnet is not a production network, and does not process, transfer, or store real money or digital assets of value. You are permitted to access and use the Testnet only to test and improve the experience, security, and design of Arc. The Company may change, discontinue, or terminate, temporarily or permanently, all or any part of the Testnet, at any time and without notice. If you are an individual accessing or using Arc and/or the Testnet on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an "Organization"), then you are agreeing to this Agreement on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to this Agreement. By using or accessing Arc and the Testnet you agree to be bound by these Terms and any documentation and guidelines accompanying Arc, the Testnet and their features or functionalities, and all other terms, policies, and guidelines applicable to your use. You acknowledge and agree that your use of Arc, the Testnet and their features and functionalities is at your own risk and the Company is not responsible for any losses that occur as a result of your use of Arc, the Testnet and their features and functionalities. **THESE TERMS CONTAIN A MANDATORY [ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT](#dispute-resolution%3B-binding-individual-arbitration%3B-class-action-waiver), AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.** 1. ## Eligibility, Acknowledgements, and Conditions of Use By accessing or using Arc, Testnet and their features or functionalities, you acknowledge and agree to the following: 1. You must be at least 18 years old and be legally capable of forming a binding contract in your country of residence. 2. You are not a person barred under the laws of the United States, your place of residence, or any other applicable jurisdiction. 3. You agree that you have read, understand and accept (i) all of the terms and conditions contained in these Terms and (ii) the Company's [Privacy Policy](https://www.circle.com/legal/privacy-policy), [Cookie Policy](https://www.circle.com/legal/cookie-policy), and [E-Sign Consent Policy](https://www.circle.com/legal/esign-consent). You acknowledge and agree that you will be bound by these Terms and any other applicable agreements and policies. 4. You are knowledgeable, experienced, and sophisticated in using and evaluating blockchain and related technologies and digital assets, including Arc. 5. You acknowledge and agree that: (i) transactions on Arc involve real-world value and may result in the permanent loss of digital assets; (ii) once confirmed on Arc, transactions are irreversible and cannot be canceled, reversed, or recalled, (iii) the Company does not custody, control, or have access to your digital assets, private keys, or wallets, (iv) the Company does not have the ability to recover digital assets or correct transaction errors, (v) data recorded on Arc is immutable and cannot be altered or deleted by the Company, and (vi) Arc is an open, permissionless ledger that any user may read from and (subject to these Terms and applicable Legal Requirements) submit transactions to without authorization from the Company; (vii) the Company may, from time to time and in its sole discretion, propose, deploy or facilitate protocol upgrades, parameter changes, software releases or other changes to the Network, in each case subject to the Network's then-current consensus mechanism and governance; (viii) the Company's role in operating, validating, securing or governing the Network may diminish, increase, change in scope, transfer to one or more third parties, or cease entirely over time, and you have no claim or recourse against the Company in respect of any such change; (ix) the Company has no obligation or ability to reverse, recall, recover, modify, correct, exclude, censor or otherwise act upon any confirmed transaction or asset on Arc, and is not responsible for the validation, ordering, inclusion or finality of any transaction; and (x) you assume sole responsibility for, and the Company shall have no liability with respect to, any acts, omissions, gains or losses arising out of or relating to your use of, or access to, Arc or the Testnet. Without limiting the foregoing, the Company has no duty to continue operating any Company-operated interface, support function, validator role, governance role, security function, documentation set, developer tool, or other resource relating to Arc or the Testnet, and no duty to support, maintain, or pursue any particular roadmap, feature, token design, gas mechanism, validator composition, governance framework, third-party ecosystem activity, or other aspect of network evolution. 6. Your use is subject to certain limitations on access and use as set forth in these Terms, any documentation accompanying Arc and Testnet's features or functionalities or as otherwise provided to you by the Company. 7. You agree that: (i) you will not misrepresent your identity, or use any tool, technique or service (including any privacy-enhancing technology, virtual private network, mixer, anonymizing relay or similar service) for the purpose of (A) circumventing applicable Legal Requirements, including any Sanctions or Data Protection Laws, (B) defrauding, deceiving or harming any other person, or (C) evading detection of activity that would otherwise violate these Terms or applicable Legal Requirements (it being understood that the legitimate use of privacy-preserving features made available on or in connection with Arc is not, by itself, a violation of this clause); (ii) you will not engage in any intentional, negligent, unethical or unlawful conduct; and (iii) you will not intentionally or negligently make any false or misleading public statement that the Company has endorsed, sponsored or approved any of your products, services or activities. If the Company believes, in its sole discretion, that you have breached or attempted to breach or circumvent these Terms, the Company may, without prior notice, suspend, restrict or terminate your access to any Company-operated interface, front-end, support channel, developer tooling or other Company-controlled resource through which you access Arc or the Testnet. The Company does not, by these Terms, undertake any obligation or assert any general ability to block, censor, reorder, exclude or reverse transactions on Arc at the protocol or validator layer, and any Company action with respect to validator-level or protocol-level controls (if any) is governed solely by the then-current network policies, applicable Legal Requirements and the Company's sole discretion. 8. You may receive updates and information from the Company that constitute Confidential Information. "Confidential Information" means any information or data, regardless of whether it is in tangible form, that is disclosed or otherwise made available by the Company to you and that is (i) in tangible form and labeled or marked confidential or proprietary, (ii) if disclosed orally is designated as confidential or proprietary at time of disclosure, or (iii) information that a reasonable person knows or should have known to be confidential or proprietary given the nature of the information and the circumstances surrounding disclosure. Any information disclosed by an affiliate of the Company shall be treated as if disclosed by the Company. All Confidential Information is the sole and exclusive property of the Company and may be used by you only for assisting us in resolving any security issue you have reported to us. You agree not to disclose such Confidential Information or any announcement that the Company notes as embargoed without the Company's prior written consent. You may disclose Confidential Information when compelled to do so by Legal Requirements if you provide us with reasonable prior notice unless a court orders that we not receive notice. 9. You acknowledge and understand that: (i) activity on Arc and Testnet is public and may be viewed or recorded by anyone, and information written to Arc may be permanently public, searchable and impossible to fully delete, and may persist on Arc, the Testnet or any third-party fork or copy thereof indefinitely, even after termination of these Terms or any change to the features available on Arc; (ii) you should not input personal, confidential, or proprietary information on Arc or Testnet, and you are solely responsible for determining the lawfulness and appropriateness of any information you choose to input or transmit on or through Arc or Testnet (including through any privacy-preserving feature); and (iii) the Company and its affiliates, contractors and service providers may collect, generate, aggregate, derive and use telemetry, technical, diagnostic, usage and other data in connection with the operation, security, maintenance, improvement, analysis and provision of Arc, the Testnet and other products and services, for the purposes of operating, securing, maintaining and evaluating Arc and Testnet, as further described in the [Privacy Policy](https://www.circle.com/legal/privacy-policy). 10. If applicable, the Company may use your data and information you may provide solely to the extent necessary to fulfill its obligations under these Terms and to comply with applicable Legal Requirements. 11. You agree to comply with any and all applicable "Data Protection Law(s)" (which means, collectively, all Legal Requirements that apply to processing of personal data under or in connection with these Terms, including applicable international, national, federal, state, provincial, and local laws, rules, regulations, directives and governmental requirements relating to privacy, data protection, or security) that may apply to performing your obligations under these Terms. The obligations include, without limitation: 1. providing notices of data breach as required by applicable Data Protection Laws; and 2. processing data only in accordance with the Company's [Privacy Policy](https://www.circle.com/legal/privacy-policy), as well as your own privacy policies. 12. You and the Company agree that neither is the data processor of the other party under any applicable Data Protection Law, nor are you and the Company acting together as joint data controllers. To the extent any personal data is processed in connection with Arc, each party acts as an independent controller with respect to its own processing of such personal data. You and the Company further agree that no monetary or other valuable consideration is provided to either party in exchange for any personal data associated with Arc and that data sharing conducted pursuant to these Terms does not constitute a sale of personal data under any applicable Data Protection Law. 13. You agree to be solely responsible for the accuracy, quality, integrity and legality of all information you share with the Company or its affiliates. 14. You acknowledge and agree that, in deploying Arc or Testnet, the Company is not acting in any capacity as a money transmitter or money services business (or equivalent regulated entity under applicable Legal Requirements), and the Company does not provide any regulated financial services in connection with Arc, an open source permissionless infrastructure, or the Testnet. 15. You are responsible for obtaining the data network access necessary to use Arc and Testnet. Mobile network data and messaging rates and fees may apply if you access or use Arc or Testnet from a mobile device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use Arc, Testnet and their features and functionalities and any updates thereto. The Company does not guarantee that Arc or Testnet, or any portion thereof, will function on any particular hardware or devices. In addition, Arc and Testnet and their features and functionalities may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. We are not responsible for any delays, delivery failures, or damage, loss or injury resulting from any such issues. 16. Third parties may elect to support, utilize or integrate Arc or Testnet on their platforms without any authorization or approval by the Company or anyone else. For example, as a result of the open source nature of Arc and Testnet, it is possible that a party unaffiliated with the Company could create an alternative version of the blockchain (a "fork"). Arc or Testnet access or support on any third-party platform does not imply any endorsement by the Company that such third-party services are valid, legal, stable or otherwise appropriate. The Company is not responsible for any losses or other issues you might encounter using Arc or Testnet in connection with any third-party forks, platforms, blockchains, protocols, technologies, products or services. The Company does not have any ability or obligation to prevent or mitigate attacks or resolve any other issues that might arise with any third-party forks, platforms, blockchains, protocols, technologies, products or services. Any such attacks or issues related to any third party might materially impact you, and the Company shall bear no responsibility for any losses that result from such attacks or issues. It is your responsibility to ensure that you are accessing Arc and Testnet through your intended user interface. 17. You are aware of and accept the risk of operational challenges with the Network launch, Arc's operation, and Testnet. The Company may experience sophisticated cyber-attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to Arc or Testnet. You understand that Arc and Testnet may experience operational issues that lead to delays. You agree to accept the risk of any issues resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks. You agree not to hold the Company accountable for any related losses. 18. You represent, warrant, and covenant that (i) you shall comply with all applicable Legal Requirements; (ii) your use of Arc and Testnet is and will at all times comply with all Legal Requirements and these Terms; (iii) you will not use Arc or Testnet, or permit the use of the foregoing by any third party, in any manner that is fraudulent, unlawful, deceptive or abusive; (iv) you will not use Arc or Testnet from a Restricted Territory or any jurisdiction that we have, in our sole discretion, or a relevant Regulatory Authority has determined is a jurisdiction where the use of Arc and Testnet is prohibited under Legal Requirements; (v) you are not a Sanctions Target; and (vi) you will not use Arc or Testnet to benefit or support any Restricted Territories or Sanctions Targets. For the purposes of these Terms: (1) "Legal Requirement" means applicable federal, state, and local laws, statutes, and regulations, and all applicable orders, judgments, decisions, rules, policies, opinions, attorney general opinions, or guidelines passed or issued by any Regulatory Authority or any competent court; Data Protection Laws; Sanctions; anti-corruption laws (including the Foreign Corrupt Practices Act and the UK Bribery Act); and all foreign laws regarding the same, relating to these Terms or otherwise applicable to either you or us, as the same may be amended and in effect from time to time; (2) "Restricted Territory" means a region, territory or country subject to Sanctions; (3) "Regulatory Authority" means any governmental, regulatory authority or law enforcement department, court, agency, commission, board, tribunal, crown corporation or other law, rule or regulation making entity (including any stock exchange or central bank) that either you or we submit to or are subject to the jurisdiction of in respect of these Terms, and any successor or replacement of any of the foregoing; (4) "Sanctions" means any Legal Requirement imposing sanctions, restrictions, or prohibitions on financial transactions or other business dealings that is administered or enforced by the U.S. Government (including the U.S. Department of Treasury's Office of Foreign Assets Control, the U.S. Department of Commerce, or the U.S. Department of State and including designation as a "specially designated national" or blocked person), the United Nations Security Council, and all other relevant international sanctions authority, including any executive orders issued in relation to the imposition of sanctions; (5) "Sanctions Target" means any person that is: (A) included on any list of designated persons maintained by any Regulatory Authority pursuant to Sanctions, (B) organized, located or resident in a Restricted Territory, or (C) otherwise the target of any Sanctions such that a person is prohibited from dealing with such person, including as a result of being owned or controlled by any person or persons described in the foregoing subsection (A) or (B). 19. For the avoidance of doubt, enforcement of the Terms is solely in our discretion and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances. These Terms may be enforced by the Company or by any of its affiliates. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that either Arc or Testnet will not contain any content that is prohibited by the Terms. 2. ## Access Prohibitions You will only access Arc, the Testnet and their features and functionalities following the implementation instructions and other requirements specified in the documentation or as otherwise provided by the Company. You agree that you will not, and will not permit another person or entity to: 1. resell, rent, lease, sublicense or otherwise commercialize access to any Company-operated interface, front-end, API, RPC endpoint or other Company-controlled resource through which Arc or the Testnet is accessed, except as expressly permitted by the Company in writing or under a separate written agreement with the Company (it being understood that this clause is not intended to prohibit the operation of independent infrastructure services, including third-party node, RPC, indexing or block-explorer services, that interact with Arc through publicly available means and not through Company-operated resources); 2. use or create a service that functions substantially the same as Arc or Testnet, for the purpose of or with the effect of: (i) spoofing or simulating Arc or Testnet; (ii) misrepresenting your or any third party's association with the Company; (iii) misleading or confusing users about the origin, ownership, or operation of any feature or functionality; or (iv) falsely implying sponsorship, endorsement, or certification by the Company; 3. infringe or violate the intellectual property rights or any other rights of anyone else (including the Company) or attempt to decompile, disassemble, or reverse engineer Arc or Testnet; 4. violate any applicable law or regulation, including without limitation, and any applicable anti-money laundering laws, anti-terrorism laws, export control laws, end user restrictions, privacy laws or economic sanctions law/regulations, including those administered by the U.S. Department of the Treasury's Office of Foreign Assets Control; 5. encourage, facilitate, or promote illegal activity, or use in a way that is dangerous, harmful, misleading, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; 6. commit a tort while using Arc or Testnet; 7. use Arc or Testnet in any manner that could interfere with, defraud, attack, disrupt, negatively affect, or inhibit other users from fully enjoying Arc or Testnet, or that could damage, disable, overburden, or impair the functioning of Arc or Testnet in any manner, including by (i) making any unsolicited offer or advertisement to another user of Arc or Testnet; (ii) attempting to collect personal information about another user or third party without consent; or (iii) interfering with or disrupting any network, equipment, or server connected to or used to provide Arc or Testnet, or violating any regulation, policy, or procedure of any such network, equipment, or server; 8. attempt to circumvent any content filtering techniques or security measures that the Company employs on Arc or Testnet, or attempt to access any features or functionalities that you are not authorized to access; 9. upload or introduce any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other harmful material; 10. provide false, inaccurate, or misleading information to the Company or otherwise on or in connection with your use; 11. post content or communications through your use of Arc or Testnet that are, in our sole discretion, libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable; 12. post content through your use of Arc or Testnet containing unsolicited promotions, political campaigning, or commercial messages or any chain messages or user content designed to deceive or trick the user of Arc or Testnet; or 13. encourage or induce any third party to engage in any of the activities prohibited under these Terms. For the purpose of these Terms, Validators are considered third parties, regardless of whether the Company, any of its affiliates, or any of their respective personnel operates one or more validator nodes from time to time. The Company is not responsible for, does not endorse, and shall not be held liable in connection with, the acts, omissions, decisions, transactions, software, hardware, infrastructure or business practices of any Validator (including any Validator that may be affiliated with the Company), and no agency, employment, partnership, joint venture, or fiduciary relationship is created or implied by these Terms between the Company and any Validator. For avoidance of doubt, a "Validator" means any person or entity that operates one or more validator nodes (the combination of software and hardware) on the Network for the purpose of participating in the verification, validation, ordering and inclusion of transactions and the production of blocks on the Network in accordance with the Network's then-current consensus mechanism, as that mechanism may evolve from time to time under the Network's then-current governance. 3. ## Connecting a Digital Wallet You may be required to connect your digital wallet through a compatible third-party software wallet. Third-party digital wallets constitute third-party features and services and the Company is not responsible for, does not endorse, shall not be held liable in connection with and does not make any warranties, whether express or implied, as to the third-party digital wallet used by you. You are solely responsible for selecting, evaluating, configuring, securing, and monitoring any digital wallet, RPC provider, bridge, explorer, custody provider, or other third-party product or service that you use in connection with Arc or the Testnet, including any associated outages, errors, hacks, insolvencies, security failures, or compliance failures of any such third party. Except where applicable to your use of certain Circle wallet features and functionalities (which are subject to their own [terms and conditions](https://console.circle.com/legal/service-terms)): (i) the Company never receives access to or control over your digital wallet; and (ii) therefore, you are solely responsible for (and we are not liable for any failure in) securing your digital wallet and credentials thereto, including seed phrases and private keys. You may disconnect your digital wallet from Arc or the Testnet at any time. 4. ## Gas Fees 1. All transactions on Arc will incur a gas fee. Gas fees consist of the following fees, and are paid directly to the Validator that successfully validates the applicable block: 1. **Base Fee.** All transactions on Arc will be subject to the Base Fee which is a gas fee calculated based on the amount of computational resources required to process a transaction and network demand. 2. **Priority Fee.** Priority Fee means an additional gas fee that a user may choose to pay to increase the relative prioritization of a transaction on Arc compared to other transactions. 2. Arc Network gas fees will be denominated in USDC. To use Arc, you will need to obtain USDC to cover computational resources required to perform a transaction on Arc. It is your responsibility to: (i) ensure that you have a sufficient balance of USDC stored at your digital wallet address to complete any transaction on Arc before initiating such Arc transaction; and (ii) confirm the amount of USDC applicable to a particular Arc transaction before authorizing that transaction. 3. Gas fees, including the rate, denomination, components, calculation methodology, payment recipient(s) and other parameters thereof, are determined under the Network's then-current consensus mechanism, protocol parameters and governance, each of which may change from time to time. The Company makes no representation, warranty or commitment with respect to gas fee levels, fee market dynamics, the availability or value of any digital asset (including USDC) used to pay gas fees, or the continued use of any particular digital asset for gas fees, and is not responsible for any impact on you arising out of any change in any of the foregoing. 5. ## AI Agent Access If you access or use Arc, the Testnet and their features and functionalities through an AI Agent or other automated system, you remain solely responsible for that access and use and for all acts, omissions, instructions, decisions, and transactions of such AI Agent or automated system as if you had taken them directly. Any AI Agent that accesses or uses Arc, Testnet or their features or functionalities does so solely on your behalf, and you remain fully responsible for all resulting activity. For purposes of this Section, an "AI Agent" means any artificial intelligence agent, model, bot, script, or other automated system that accesses, uses, interfaces with, or acts in connection with Arc or the Testnet on your behalf or using your credentials, access rights, or permissions. 6. ## Third-Party Services and Content Arc, the Testnet and their features and functionalities may be made available or accessed and controlled by third parties with different terms of use and privacy policies. We do not endorse these third-party services and content, and we are not responsible or liable for any of their products or services. Without limiting the foregoing, you acknowledge and agree that the Company has no responsibility for, and no duty to monitor, support, verify, approve, update, remediate, or maintain, any third-party service, content, protocol, application, interface, integration, or infrastructure that may interact with Arc or the Testnet, and you assume all risk arising from your use of any of the foregoing. 7. ## No Agency You will not make statements or represent yourself as an agent of the Company or mislead or deceive any third party with respect to your relationship with the Company. Nothing in these Terms creates, and you shall not assert that there exists, any agency, employment, partnership, joint venture, fiduciary, advisory or similar relationship (i) between you and the Company, (ii) between the Company and any Validator (including any Validator that may be affiliated with the Company), (iii) between the Company and any other user of Arc or the Testnet, or (iv) between the Company and any developer, operator or other participant in the broader Arc ecosystem. The Company is not responsible for the acts or omissions of any Validator or any other third party participating in or interacting with the Network. 8. ## No Financial Services Using Arc, the Testnet or their features or functionalities does not create a financial account, custodial relationship, broker-dealer relationship, fiduciary relationship, advisory relationship, partnership, joint venture, agency or investment relationship between you and the Company. The Company is not acting as a broker, dealer, exchange, money transmitter, money services business, investment adviser, custodian or other regulated financial intermediary, and is not offering financial services or products through access to Arc or Testnet. No statement made by the Company in connection with Arc or the Testnet, and no feature or functionality of Arc or the Testnet, is intended as, or should be construed as, an offer or solicitation to buy or sell any security, commodity, derivative or other financial instrument, or as investment, legal, tax or accounting advice. You are solely responsible for determining whether any digital asset or activity on Arc or the Testnet is appropriate for you, and for the legal and tax characterization of any such asset or activity in your jurisdiction. You further acknowledge and agree that you are not relying on the Company, any Validator, or any of their respective affiliates, personnel, or representatives for any legal, regulatory, tax, economic, technical, investment, or commercial advice, analysis, diligence, or conclusion relating to Arc, the Testnet, any digital asset, or any third-party product or service. 9. ## Non-Solicitation and No Professional Advice You agree and understand that all information provided by the Company is for informational purposes only and should not be construed as legal, financial, or tax advice. You should not take, or refrain from taking, any action based on any information contained therein. You acknowledge that any decision to access, use, rely on, transact on, build on, or otherwise engage with Arc, the Testnet, or any related digital asset, protocol, application, or third-party service is made solely by you and at your sole risk. 10. ## Submission of User Content Certain features may allow for the submission of your own information ("User Content"), and except as expressly provided in these terms, the Company does not acquire any ownership of any intellectual property rights that you hold in the User Content that you submit using the features described in these Terms. By submitting, posting, or displaying User Content under these Terms, (a) you grant the Company and each Validator a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such User Content to facilitate the Company's provision of its features and functionalities, in each case only in accordance with the [Privacy Policy](https://www.circle.com/legal/privacy-policy) and (b) you grant Arc and Testnet users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of Arc and Testnet. You represent that, before you submit User Content via Arc or Testnet, you have the necessary rights (including any necessary rights acquired from related end users) to grant us the license. You are solely responsible for your User Content and the consequences of posting or publishing User Content. We are under no obligation to monitor, review, edit, or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. We may, however, at any time and without prior notice introduce certain features and functionalities to screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. We may also preserve, access, use, or disclose any User Content or related information where we determine, in our sole discretion, that doing so is appropriate for compliance, security, legal, operational, trust and safety, reputational, or investigatory purposes, and we will have no liability to you arising from any such action. You understand that you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. YOU AGREE TO WAIVE, AND DO HEREBY WAIVE, ANY LEGAL OR EQUITABLE RIGHT OR REMEDY YOU HAVE OR MAY HAVE AGAINST US AND THE VALIDATORS WITH RESPECT TO USER CONTENT. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH USER CONTENT. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate and take additional steps as we determine to be appropriate in our sole discretion. YOU WAIVE AND HOLD HARMLESS THE COMPANY (AND ITS EMPLOYEES, DIRECTORS, AGENTS, AFFILIATES, AND REPRESENTATIVES) AND EACH VALIDATOR FROM AND AGAINST ANY CLAIMS OR LOSSES RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. For clarity, we do not knowingly permit copyright-infringing activities on Arc or the Testnet. 11. ## Use of the Company Marks We may periodically make available certain "Arc" logos, trademarks, or other identifiers for your use as set forth in the Arc Brand Kit, currently available at [arc.io](https://arc.io), ("Arc Marks"). The Arc Brand Kit and Circle Brand Use Policy ("Brand Use Policy"), each as amended by the Company from time to time, are hereby incorporated into these Terms by reference. The Company may, at any time and in its sole discretion, require you to modify, suspend, discontinue, or remove any use of any Arc Mark that the Company determines is misleading, confusing, inaccurate, non-compliant, unlawful, objectionable, or otherwise inconsistent with the Company's branding, legal, regulatory, or policy requirements, and you agree to comply promptly with any such request. The Company may modify, limit, suspend or revoke your right to use any Arc Mark at any time, in its sole discretion and without prior notice. You agree to use the Arc Marks only in strict accordance with the then-current Arc Brand Kit and the Brand Use Policy, and to immediately discontinue any non-conforming use upon notice from the Company. All rights in the Arc Marks not expressly granted in the Arc Brand Kit or the Brand Use Policy are reserved by the Company, and nothing in these Terms grants you any goodwill or other rights in or to the Arc Marks. 12. ## Ownership; Feedback Arc is a permissionless open source neutral infrastructure. The Company grants you a non-exclusive, limited, revocable, terminable, personal, non-assignable, and non-sublicensable license to access certain features and functionalities on Arc, in strict accordance with these Terms. This license shall expire upon the Company's sole discretion or your failure to adhere to these Terms. You acknowledge and agree that as between you and the Company, the Company owns all right, title and interest in and to the Arc Marks, and any Arc features and functionalities (and any derivative works or enhancements thereof), including all intellectual property rights therein. You agree not to do anything inconsistent with this Section or these Terms. Any rights not expressly granted herein are withheld. If you submit any comment or idea about improvements to the Network ("Feedback") to the Company, you acknowledge and agree that your submission was voluntary, unsolicited by the Company, and delivered to the Company without any restrictions or confidentiality obligations on the Company's use of the Feedback. You hereby grant the Company a perpetual, irrevocable, fully-paid, royalty-free, freely transferable and sublicensable (through multiple tiers) worldwide right and license to use any Feedback that you submit or provide to the Company in any manner or medium and for any purpose, whether or not the submitted Feedback is protectable by intellectual property laws of your or the Company's related jurisdiction. You agree that the Company has no fiduciary or any other obligation to you in connection with any Feedback that you submit or provide to the Company, and that the Company is free to use, copy, display, perform, distribute, modify and re-format such Feedback in any manner that the Company may determine, without any attribution or compensation to you. Moreover, you acknowledge and agree that the Company has no control or special privileges over the Network and as such may not be able to use or implement your Feedback. 13. ## Termination We may terminate these Terms or introduce certain features and functionalities to suspend or terminate your use of Arc or Testnet (or any portion thereof) at any time for any reason. We may add or remove, suspend, stop, delete, discontinue or impose conditions on certain features or functionalities related to Arc or Testnet. If these Terms or your use of these features or functionalities is terminated or suspended for any reason or no reason: (a) the license and any other rights granted under these Terms and any other applicable terms will end, (b) we may (but have no obligation to other than to the extent required by applicable Legal Requirements) delete your information stored on our servers, and (c) the Company shall not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of your use of Arc, Testnet or for deletion of your information, including information that you may disclose on Arc or Testnet over which Company has no control or special privileges. If your use of certain features or functionalities on Arc or Testnet are terminated or suspended, you agree to continue to be bound by these Terms to the extent such provisions survive termination, including under Section 23 (Survival). For the avoidance of doubt, the Company may, at any time and in its sole discretion, transfer, transition or wind down any of the Company-operated services, infrastructure or other resources used in connection with the Network (including, without limitation, in connection with any transition of the Network to a security council, validator-driven governance, or other third-party governance arrangement), and any such action will not constitute a breach of these Terms or give rise to any claim against the Company. 14. ## No Warranties ARC, TESTNET AND THEIR FEATURES AND FUNCTIONALITIES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, THE COMPANY AND EACH VALIDATOR SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT ARC, TESTNET AND THEIR FEATURES AND FUNCTIONALITIES AND THE INFORMATION AVAILABLE ON ARC, TESTNET AND THEIR FEATURES AND FUNCTIONALITIES: (A) IS ACCURATE, RELIABLE OR CORRECT; (B) WILL MEET YOUR REQUIREMENTS; OR (C) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, WILL BE UNINTERRUPTED, WILL BE ERROR-FREE, OR WITHOUT DEFECT OR SECURE. THE COMPANY FURTHER DOES NOT WARRANT OR GUARANTEE THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT ARC, TESTNET AND THEIR FEATURES AND FUNCTIONALITIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ARC, TESTNET AND THEIR FEATURES AND FUNCTIONALITIES ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. YOU ACKNOWLEDGE THAT TRANSACTIONS ON ARC INVOLVE REAL VALUE AND ARE IRREVERSIBLE, THAT TRANSACTION FINALITY IS DETERMINED BY THE UNDERLYING NETWORK AND NETWORK CONDITIONS, AND THAT THE COMPANY DOES NOT CONTROL, OPERATE, MAINTAIN, VALIDATE, OR GUARANTEE SUCH OUTCOMES AND COMPANY HAS NO SPECIAL PRIVILEGES OVER SAME. THE COMPANY DOES NOT CONTROL OR OPERATE ARC, TESTNET AND THEIR FEATURES AND FUNCTIONALITIES OR THE THIRD PARTY WALLETS THAT YOU MAY USE TO ACCESS OR ENABLE FEATURES ON ARC, TESTNET AND THEIR FEATURES AND FUNCTIONALITIES. The Company does not warrant, endorse, guarantee, or assume responsibility for any products or services advertised or offered by a third party. You also understand and agree that the Company does not control any products or services offered by third parties building, deploying, integrating or using Arc, Testnet and their features and functionalities. The Company is not liable for any losses or issues that may arise from such third-party products or services, including failure to comply with applicable Legal Requirements, the quality and delivery of such products and services, or your satisfaction with any products or services. If you are not satisfied with any goods or services made available by a third party on Arc or Testnet you must handle those issues directly with such third-party. TO THE EXTENT ANY DOCUMENTATION, DEVELOPER TOOL, SAMPLE CODE, REFERENCE IMPLEMENTATION, SUPPORT RESOURCE OR OTHER ANCILLARY MATERIAL THE COMPANY MAKES AVAILABLE IN CONNECTION WITH ARC OR THE TESTNET INCORPORATES OR LEVERAGES ARTIFICIAL INTELLIGENCE FEATURES, YOU ACKNOWLEDGE THAT SUCH ARTIFICIAL INTELLIGENCE SYSTEMS ARE A RAPIDLY EVOLVING FIELD AND THAT, BECAUSE OF THEIR PROBABILISTIC NATURE, SUCH FEATURES MAY PROVIDE INACCURATE, INCOMPLETE OR UNINTENDED OUTPUTS (INCLUDING SO-CALLED HALLUCINATIONS). NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ARE MADE BY THE COMPANY WITH RESPECT TO THE OUTPUTS OF ANY SUCH AI FEATURES, AND YOU ARE SOLELY RESPONSIBLE FOR REVIEWING, VALIDATING AND DETERMINING THE APPROPRIATENESS AND ACCURACY OF ANY SUCH OUTPUT BEFORE RELYING ON OR ACTING ON IT. FOR THE AVOIDANCE OF DOUBT, THE ARC NETWORK PROTOCOL ITSELF, AND THE VALIDATION, ORDERING AND FINALITY OF TRANSACTIONS ON ARC, DO NOT INCORPORATE ARTIFICIAL INTELLIGENCE SYSTEMS. 15. ## Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF ARC, ARC TESTNET AND THEIR FEATURES AND FUNCTIONALITIES. IN ALL CASES, THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF ARC, TESTNET AND THEIR FEATURES AND FUNCTIONALITIES, OR THE INFORMATION CONTAINED THEREIN. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES ON ARC, TESTNET AND THEIR FEATURES AND FUNCTIONALITIES; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF ARC, TESTNET AND THEIR FEATURES AND FUNCTIONALITIES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF ANY COMPANY-OPERATED INFRASTRUCTURE AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM ARC, TESTNET AND THEIR FEATURES AND FUNCTIONALITIES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO, THROUGH OR DEPLOYED ON ARC, TESTNET AND THEIR FEATURES AND FUNCTIONALITIES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY DATA POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH ARC, TESTNET AND THEIR FEATURES AND FUNCTIONALITIES; (VII) ANY ACT, OMISSION, DECISION OR TRANSACTION OF ANY VALIDATOR OR OTHER THIRD PARTY ON OR IN CONNECTION WITH ARC OR THE TESTNET, INCLUDING ANY TRANSACTION ORDERING, INCLUSION, EXCLUSION OR CENSORSHIP, ANY MAXIMAL EXTRACTABLE VALUE OR SIMILAR ACTIVITY, OR ANY FORK, VALIDATOR-LEVEL DECISION OR PROTOCOL-LEVEL EVENT; OR (VIII) ANY AIRDROP, REWARD, INCENTIVE, FEE OR OTHER VALUE THAT YOU MAY HAVE EXPECTED OR HOPED TO RECEIVE. WITHOUT LIMITING THE FOREGOING, THE COMPANY SHALL HAVE NO LIABILITY FOR ANY LOSSES RESULTING FROM: (a) TRANSACTIONS THAT ARE IRREVERSIBLE, FINAL, OR NOT CONFIRMED; (b) ERRORS IN TRANSACTION DETAILS (INCLUDING ADDRESSES OR AMOUNTS) SUBMITTED BY YOU; (c) UNAUTHORIZED ACCESS TO YOUR WALLETS, PRIVATE KEYS, OR CREDENTIALS; (d) NETWORK FAILURES, CONGESTION, FORKS, OR PROTOCOL-LEVEL EVENTS; OR (e) THE LOSS, THEFT, OR INACCESSIBILITY OF DIGITAL ASSETS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DOES NOT HAVE THE ABILITY TO REVERSE TRANSACTIONS, RECOVER DIGITAL ASSETS, RECOVER PRIVATE KEYS OR MODIFY OR DELETE DATA RECORDED ON ARC. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE TOTAL LIABILITY OF THE COMPANY AND ITS AFFILIATES, EACH VALIDATOR, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND LICENSORS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, ARC OR THE TESTNET IS LIMITED TO THE GREATER OF (X) THE GAS FEES (IF ANY) PAID BY YOU TO THE COMPANY (BUT NOT TO ANY VALIDATOR) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY AND (Y) \$100, IN EACH CASE IN THE AGGREGATE FOR ALL CLAIMS OF EVERY KIND. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. 16. ## Indemnity You will indemnify, defend, and hold us and each Validator (and our and their respective officers, employees, directors, agents, affiliates, licensors, contractors, successors and assigns and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including reasonable attorneys' fees and costs of investigation) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms, including any violation of our policies; (b) your wrongful or improper use of Arc, Testnet and their features and functionalities; (c) your violation of any third-party right, including any right of privacy, publicity rights or intellectual property rights; (d) any transaction initiated by you, or by any AI Agent or other automated system acting on your behalf or using your credentials, access rights, or permissions, including errors, failures, or unintended consequences; (e) your violation of any Legal Requirement of the United States or any other country, including any Sanctions, Data Protection Laws or anti-money-laundering laws; (f) any other party's access and/or use of Arc, Testnet and their features and functionalities with your password, private key, passkey or other credentials; (g) any User Content submitted, posted or transmitted by you or your AI Agent, or any of your acts or omissions in connection with any digital wallet, private key, validator or third-party service used by you or your AI Agent in connection with Arc or the Testnet; or (h) your willful misconduct, gross negligence or fraud. The Company or its designees will have the right, but not the obligation, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with the Company's defense and not to settle any such matter without the Company's prior written consent. 17. ## Modification of Terms We may amend these Terms or modify certain features or functionalities on Arc, Testnet and their features and functionalities, including any applicable accompanying documentation and guidelines, at any time with notice that we deem to be reasonable in the circumstances, by posting the revised version on our website (each a "Revised Version"). We will update the "Last Updated" date at the top of the Terms to reflect the Revised Version. The Revised Version will be effective immediately as of the time it is posted, but will not apply retroactively. Your continued use of and access to Arc, Testnet and their features and functionalities after the posting of a Revised Version constitutes your acceptance of such Revised Version. Any Dispute (as defined in Section 18) that arose before the changes will be governed by the terms of service in place when the Dispute arose. You may not amend these Terms without our prior written consent. Regardless of where you access Arc or the Testnet, you are contracting with the Company. The Company may, in its sole discretion, assign these Terms (and its rights and obligations hereunder) to a successor entity, including any security council, foundation or other governance body that may, in the future, be designated to operate, govern or oversee the Network or any portion thereof; following any such assignment, references in these Terms to "the Company" will be read to refer to the assignee with respect to actions taken by such assignee, and your continued use of Arc or the Testnet thereafter will constitute your acceptance of these Terms as so assigned. The amendment rights of the Company under this Section 17 may be exercised by the Company or, after any such assignment, by such assignee. 18. ## Dispute Resolution; Binding Individual Arbitration; Class Action Waiver "Disputes" are defined as any claim, controversy, or dispute between you and the Company, its suppliers, service providers or licensors (or their respective affiliates, agents, directors or employees), whether arising before or during the effective period of these Terms, and including any claim, controversy, or dispute based on any conduct of you or the Company that occurred before the effective date of these Terms, including any claims arising from or relating in any way to these Terms or any matter relating to Arc, Testnet and their features and functionalities. 1. **General**\ You and the Company agree that any and all Disputes, except those that are resolved informally or brought in a small claims court, will be arbitrated by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. ANY ARBITRATION UNDER THESE TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST THE COMPANY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). 2. **Pre-Filing Requirement to Attempt to Resolve Disputes**\ Before an arbitration is commenced, you or the Company agree to attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve a Dispute informally. Both parties recognize that this is an important requirement, and that breach of this requirement would be a material breach of the Terms. To provide this opportunity, before commencing any arbitration or suit, each party agrees to send to the other party a written Notice ("Notice"). Any Notice to the Company should be sent by email to `arbitration@circle.com` or by mail to Arc Network Services, LLC, Attn: Arbitration Provision, 3101 Park Boulevard, Suite #02W102, Palo Alto, California 94306. Any Notice sent to you will be sent to the address on file for your account. The Notice must: (i) include your name and account number; (ii) provide detailed information sufficient to evaluate the merits of the claiming party's individualized claim and for the other party to determine if an amicable resolution is possible; and (iii) set forth the specific relief sought, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages. Both parties agree that they will attempt to resolve a dispute through an informal negotiation within sixty (60) days from the date the Notice is sent. After that sixty (60) day period and not before, either party may commence arbitration. Each party agrees that state or federal courts in New York, New York, USA referenced below, may enter injunctive relief to enforce the pre-filing requirements of this paragraph, including an injunction to stay an arbitration that has been commenced in violation of this paragraph. 3. **Scope of Arbitration**\ If we are not able to resolve the Dispute by informal negotiation or, as provided below, in a small claims court, all Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the "Arbitrator") administered by JAMS Mediation, Arbitration, ADR services ("JAMS") in accordance with The Comprehensive Arbitration Rules and Procedures of JAMS (available from JAMS on its website at [www.jams.com](http://www.jams.com/)). You and the Company will have the right to file early or summary dispositive motions and to request that the relevant expedited procedures apply regardless of the claim amount. An arbitration will be conducted by a single, neutral arbitrator and shall take place in New York, New York, USA unless otherwise mutually agreed by the parties. Except as set forth above, the Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are enforceable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. 4. **Small Claims Court**\ Subject to applicable jurisdictional requirements, either party may elect to pursue a Dispute in a local small-claims court rather than through arbitration so long as the matter remains in small claims court and proceeds only on an individual basis. If a party has already submitted an arbitration demand to JAMS, the other party may, in its sole discretion, inform JAMS that it chooses to have the Dispute heard in small claims court. At that time, JAMS will close the arbitration and the Dispute will be heard in the appropriate small claims court, with no fees due from the arbitration respondent. 5. **Arbitration Procedures**\ The Federal Arbitration Act, 9 U.S.C. ยงยง 1-16, including its procedural provisions, fully applies. Any arbitration hearing will occur in New York, New York, at another mutually agreeable location or, if both parties agree, by telephone or videoconference. Any arbitration shall be conducted in English. The Arbitrator's award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The Company values your privacy, particularly with respect to your financial transactions and data. Each of the parties shall maintain the confidential nature of the arbitration and shall not (without the prior written consent of the other party) disclose to any third party the fact, existence, content, award, or other result of the arbitration, except as may be necessary to enforce, enter, or challenge such award in a court of competent jurisdiction or as otherwise required by applicable Legal Requirements. While an arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party's claim. The Arbitrator's decision and judgment thereon will not have a precedential or collateral estoppel effect. 6. **Arbitration Fees**\ In accordance with JAMS, the party initiating the arbitration (either you or us) is responsible for paying the applicable filing fee. For purposes of this arbitration provision, references to you and the Company also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the features and functionalities. 7. **Opt Out**\ You may reject this provision, in which case only a court may be used to resolve any Dispute. To reject this provision, you must send us an opt-out notice (the "Opt Out") within thirty (30) days after you first access Arc, Testnet and their features and functionalities, or we first provide you with the right to reject this provision. The Opt Out may be mailed to Arc Network Services, LLC, Attn: Arbitration Provision, 3101 Park Boulevard, Suite #02W102, Palo Alto, California 94306. Alternatively, you may send an email with the subject line "Opt Out of Arbitration" to `arbitration@circle.com`. Any Opt Out notice must include your name, address, phone number and the wallet address you used to use Arc or the Testnet. You must send such a notice in order to opt out of this provision. Opting out will not affect any other aspect of the Terms or the Network and will have no effect on any other or future agreements you may reach to arbitrate with us. 8. **Court Proceedings**\ Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions as discussed above) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state or federal courts in New York, New York. 19. ## Governing Law These Terms are governed by the laws of the State of Delaware, without regard to its conflicts-of-law principles, and applicable federal law of the United States. Any arbitration related to any Dispute will be governed by the Federal Arbitration Act, as set forth above. 20. ## Limitation on Time to Initiate a Dispute Any action or proceeding by you relating to any Dispute must commence within one (1) year after the cause of action accrues. 21. ## Assignment; Change of Control These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you (whether by operation of law or otherwise) and any attempted transfer or assignment will be null and void. We may freely assign, novate or otherwise transfer these Terms (or any of our rights or obligations hereunder), in whole or in part, without your consent and without notice to you, to (i) any of our affiliates or subsidiaries, (ii) any successor in interest in connection with any merger, acquisition, reorganization, sale of assets or change of control, (iii) any security council, foundation, decentralized autonomous organization, validator-driven governance body or other entity that may, in the future, be designated to operate, govern, oversee or steward the Network or any portion thereof, or (iv) any other person or entity to which we, in our sole discretion, designate, including in connection with any transition of operational, governance or other responsibilities relating to the Network. References in these Terms to "the Company" will, after any such assignment, be read to refer to the assignee with respect to the rights and obligations so assigned, and the Company will have no further liability with respect to any obligation that has been so assigned and assumed by an assignee. 22. ## Other Provisions These Terms and any other applicable terms or policies are a complete statement of the agreement between you and the Company regarding Arc, Testnet and their features and functionalities. If any provision of these Terms is invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. These Terms do not limit any rights that the Company may have under trade secret, copyright, patent, or other laws. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Neither the Company nor any of its affiliates shall be liable for any failure or delay in performance under these Terms to the extent caused by any event or circumstance beyond its reasonable control, including any act of God, natural disaster, epidemic or pandemic, war, terrorism, civil unrest, governmental action or order, change in Legal Requirements, sanctions designation, internet, telecommunications or power failure, denial-of-service or other cyber-attack, smart-contract exploit, blockchain network failure, congestion, fork or protocol-level event, or act or omission of any Validator or other third party. From time to time, we may request you to certify, in writing, that you agree to and adhere to these Terms and all other applicable terms and policies, and the purpose or use of Arc, Testnet and their features and functionalities and related data that you have access to, and that each such purpose or use complies with these Terms and all other applicable terms and policies. All such certifications and attestations must be provided by an authorized representative of yours in writing. For purposes of interpreting this Agreement, unless otherwise specifically stated: (a) the singular includes the plural, and the plural includes the singular; (b) the words "herein", "hereunder" and "hereof" and other words of similar import refer to this Agreement as a whole and not to any particular section or paragraph; (c) the words "include" and "including" will not be construed as terms of limitation, and will therefore mean "including but not limited to" and "including without limitation"; (d) the words "writing" or "written" mean preserved or presented in retrievable or reproducible form, whether electronic (including email but excluding voice mail) or hard copy; (e) the captions and section and paragraph headings used in this Agreement are inserted for convenience only and will not affect the meaning or interpretation of this Agreement; and (f) the references herein to the parties will refer to their permitted successors and assigns. 23. ## Survival The following sections of these Terms survive and remain in effect in accordance with their terms upon termination of these Terms: 1(e) through 1(r) (inclusive), 5 (AI Agent Access), 6 (Third Party Services and Content), 7 (No Agency), 8 (No Financial Services), 9 (Non-Solicitation and No Professional Advice), 10 (Submission of User Content), 11 (Use of the Company Marks), 12 (Ownership; Feedback), 13 (Termination), 14 (No Warranties), 15 (Limitation of Liability), 16 (Indemnity), 17 (Modification of Terms), 18 (Dispute Resolution; Binding Individual Arbitration; Class Action Waiver), 19 (Governing Law), 20 (Limitation on Time to Initiate a Dispute), 21 (Assignment; Change of Control), 22 (Other Provisions) and 23 (Survival), in each case together with any other provision the survival of which is necessary to give effect to its terms.