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    Terms & Conditions

    Welcome to Arx Research! Your use of Arx Research’s services, including the services Arx Research makes available through this website and all related web sites, mobile sites, and applications which link to these terms of service (the “Site”) and to all products (including “Burner”, “BurnerOS” and “USD II”) or services offered by Arx Research in connection with any of those (the “Services”), is governed by these terms of service (the “Terms”), so please carefully read them before using the Services. For the purposes of these Terms, “we,” “our,” “us,” and “Arx Research” refer to Arx Research, Inc., the providers and operators of the Services.

    In order to use the Services, you must first agree to these Terms. If you are registering for or using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, “you” and “Customer” will also refer to that organization, wherever possible.

    You agree your purchases and/or use of the Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Arx Research or any of its affiliates regarding future functionality or features.

    If you have entered into a separate written agreement with Arx Research for use of the Services, the terms and conditions of such other agreement shall prevail over any conflicting terms or conditions in these Terms with respect to the Services specified in such agreement.

    By using, downloading, installing, or otherwise accessing the services or any materials included in or with the services, you hereby agree to be bound by these terms. If you do not accept these terms, then you may not use, download, install, or otherwise access the services.

    Certain features of the services or site may be subject to additional guidelines, terms, or rules, which will be posted on the service or site in connection with such features. To the extent such terms, guidelines, and rules conflict with these terms, such terms shall govern solely with respect to such features. In all other situations, these terms shall govern.

    1. What is Burner and BurnerOS

    Burner is a hardware wallet intended for the self-custody of cryptocurrencies and digital assets. It generates and stores private keys, provides functions to generate signatures using those private keys and in turn can be used to send and receive cryptocurrencies. Burner functions are intended to be generally accessible through BurnerOS, however, this address may change from time to time. An open source library, libHaLo, can be used to interface with Burner in the event BurnerOS is inaccessible.

    As a self-custody hardware wallet, the destruction, mutilation, loss or manipulation of Burner software, firmware or hardware may lead to the loss of funds. You should carefully consider what you use Burner for and the value of digital assets you store on it. Depending on the functions used, Burner offers a Card Duplication feature so that some information from a Burner may be duplicated to additional Burners given appropriate authorization. Any unauthorized access to a Burner could result in the loss or theft of any asset that may be held in the Burner. You are responsible at all times for the acts and omissions of any person who accesses a Burner.

    Actions to generate signatures from some of Burner’s private keys may be secured with a passphrase or PIN code. We recommend setting a passphrase or PIN code for any private key slots with associated digital assets. If not set, another person may remotely attempt to request a signature via NFC without the consent of the user. Entering too many bad passphrases or PIN codes may lock a given private key from generating any future signatures, permanently.

    Arx Research never has possession of private key material information or seed information stored within Burners and accordingly cannot assist in retrieving this information.

    2. What is USD II

    USD II (also “USD2”) is a stablecoin token developed and maintained by our partner, Bridge on the Base network at the address 0xfe26e72431Bd82c285655e897F25104E547c4c07. USD II may be stored on Burners and sent and received through BurnerOS. You may opt to onramp to USD II through the Services during which KYC information may be collected. This KYC information is not stored by Arx Research but may be stored by Bridge and its partners. You may obtain USD II through other means, in which case all Terms still apply.

    During the process of onramping to USD II, you may use services from our partner Privy to self-custody funds. You have full control over your Privy wallet and Arx Research does not place itself within the flow of funds between Privy and subsequent wallet you may wish to transmit funds from.

    Please review the Bridge terms and conditions and the Privy terms and conditions for more information.

    3. Information Stored

    We store information including email and phone number to link a user with information stored with our partners, Privy and Bridge. Except as noted in the preceding sentence, we do not store any KYC information provided to Bridge, nor do we store any private key or seed information that can be used to derive a cryptocurrency wallet.

    We use Shopify to process and store order information. Shopify stores information relating to orders including but not limited to name, address, phone number and email address. Email addresses submitted to Shopify may be used for marketing purposes, if so indicated, and generally for any other important product communications.

    Please review the Shopify terms and conditions for how they store user information.

    4. What Burner, BurnerOS, USD II and Arx Research Are Not

    Burner is hardware wallet for non-custodial storage of crypto assets – it is not: a monetary instrument, cash, prepaid access, a stablecoin, a negotiable instrument, a cashiers check, a bearer instrument, a bond or marketable security. No guarantees are made as to the availability of BurnerOS, replacement Burners or any Arx Research Service. Arx Research is not a money transmitter and does not under any circumstances custody funds. Arx Research will never take custody over any of your assets. USD II is created and managed by our financial partner, Bridge.

    5. Risks

    You acknowledge and agree that:

    • Our offerings rely on emerging technologies, such as Ethereum and Base, which carry inherent risks. These risks include, but are not limited to, potential misuse of cryptographic tools (such as public/private keys), software updates, and blockchain protocol changes.
    • You are responsible for understanding and managing these risks. This includes having the technical expertise to use our offerings safely and securely, including the ability to backup and manage your private keys and recovery phrases.
    • We do not control blockchain protocols, smart contracts, or third-party services. You acknowledge that we are not responsible for the actions or omissions of any third party, including but not limited to other blockchain participants, smart contract developers, or wallet providers.
    • Digital assets are volatile. The value of digital assets can fluctuate rapidly and unpredictably.
    • Irreversibility of transactions. Blockchain transactions are irreversible, and there is no guarantee that lost or stolen assets can be recovered.
    • Security risks. You are responsible for protecting your digital assets and devices from unauthorized access, theft, or loss.
    • Third-party risks. You assume all risks associated with interacting with third-party applications, tokens, or services, including the risk of fraud and scams.
    • By using our offerings, you confirm that you have carefully considered these risks and have made an independent decision to proceed.

    6. Your Account

    • In the course of registering for or using the Services, you may be required to provide Arx Research with certain information, including your name, phone number and email address (“Credentials”). This information is stored with and managed by our partner Privy. Any information collected by Arx Research to facilitate enrollment with Privy is managed with the utmost attention, care and security. Nonetheless, you, not Arx Research, shall be responsible for maintaining and protecting your Credentials in connection with the Services. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. See the Privy terms and conditions for more information.

    7. Proprietary Rights

    • You acknowledge and agree that Arx Research (and/or Arx Research’s licensors) own all legal right, title and interest in and to the Services and Arx Research-Supplied Content and that the Services and Arx Research-Supplied Content are protected by copyrights, trademarks, patents, or other proprietary rights and laws (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

    8. License from Arx Research and Restrictions on Use

    • Arx Research gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Site and Services for the sole purpose of to allow you to access the Services for your non-commercial or internal business purposes, in the manner permitted by these Terms.
    • You may not (and you may not permit anyone else to): (i) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Arx Research, in writing (e.g., through an open source software license); or (ii) attempt to disable or circumvent any security mechanisms used by the Services or any applications running on the Services.
    • You may not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
    • You may not rent, lease, provide access to or sublicense any elements of the Services to a third party or use the Services on behalf of or to provide services to third parties.
    • You may not access the Services in a manner intended to avoid incurring fees or exceeding usage limits or quotas.
    • You may not use the Services if you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services. You affirm that you are over the age of 13, as the Services are not intended for children under 13.
    • Customer is responsible and liable for all uses of the Services resulting from access provided by Customer, directly or indirectly, whether such access or use is permitted by or in violation of these Terms. Without limiting the generality of the foregoing, Customer is responsible for all acts and omissions of authorized users, and any act or omission by an authorized user that would constitute a breach of these Terms if taken by Customer will be deemed a breach of these Terms by Customer. Customer shall use reasonable efforts to make all authorized users aware of these Terms's provisions as applicable to such authorized users’ use of the Services and shall cause authorized users to comply with such provisions.

    9. Modification and Termination of Services

    • You acknowledge and agree that the form and nature of the Services which Arx Research provides may change from time to time without prior notice to you, subject to the terms in its Privacy Policy. Changes to the form and nature of the Services will be effective with respect to all versions of the Services; examples of changes to the form and nature of the Services include without limitation changes to fee and payment policies, security patches, added functionality, automatic updates, and other enhancements. Any new features that may be added to the website or the Services from time to time will be subject to these Terms, unless stated otherwise.
    • You may terminate these Terms at any time by ceasing use of the Services (including ceasing possession of Burner, any copy of BurnerOS and any USD II tokens), subject to any terms and conditions in connection with termination contained in the separate written agreement between you and Arx Research.
    • You agree that Arx Research, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Services may be without prior notice, and you agree that Arx Research will not be liable to you or any third party for such termination.
    • Upon any termination of the Services or your account these Terms will also terminate, but all provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

    10. Changes to the Terms

    • These Terms may be amended or updated from time to time without notice and may have changed since your last visit to the website or use of the Services. It is your responsibility to review these Terms for any changes. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services. Please visit this page regularly to review these Terms for any changes.

    11. DISCLAIMER OF WARRANTY

    • No warranties are provided for BurnerOS or USD II, both of which are provided on an “as is” basis.
      Burner hardware includes a one year warranty for all United States customers. This warranty only covers the replacement of hardware due to a manufacturers defect. This limited warranty does not cover any problem that is caused by (a) commercial use, accident, abuse, or neglect; (b) use contrary to the instructions, user manual, or specifications, (including shock, electrostatic discharge, degaussing, heat or humidity, or use beyond data read-write limits); (c) improper operation, maintenance or modification; (d) lost private keys, key materials, seeds or accounts; (e) lost funds, tokens, crypto assets, account access or anything of monetary, tangible or intangible value associated with the Burner or (f) malfunctions caused by other equipment.
      This limited warranty is void if a Burner is returned damaged or with any alterations. This limited warranty does not cover dataloss – back up the contents of your Burner to another Burner on a regular basis. Also, consequential damages; incidental damages; and costs related to key recovery, account recovery, asset recovery and fund recovery are not recoverable under this warranty. This limited warranty applies only to hardware Products.
    • YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
    • ARX RESEARCH, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ARX RESEARCH, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE.
    • NOTHING IN THESE TERMS, INCLUDING SECTIONS 10 AND 11, SHALL EXCLUDE OR LIMIT ARX RESEARCH’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

    12. LIMITATION OF LIABILITY

    • SUBJECT TO SECTION 10 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ARX RESEARCH, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
    • THE LIMITATIONS ON ARX RESEARCH’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT ARX RESEARCH HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
    • SOME STATES AND JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ARX RESEARCH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT THAT YOU HAVE ACTUALLY PAID FOR THE SERVICES IN THE PAST TWELVE MONTHS, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.

    13. Miscellaneous

    • These Terms, together with our Privacy Policy, constitutes the entire agreement between the parties relating to the Services and all related activities. These Terms shall not be modified except in writing signed by both parties or by a new posting of these Terms issued by us. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Arx Research to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Arx Research must be in writing and shall only apply to the specific instance identified in such writing. You may not assign these Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent.
    • You must be over 13 years of age to use the Services, and children under the age of 13 cannot use or register for the Services. If you are over 13 years of age but are not yet of legal age to form a binding contract (in many jurisdictions, this age is 18), then you must get your parent or guardian to read these Terms and agree to them for you before you use the Services. If you are a parent or guardian and you provide your consent to your child's registration with the Services, you agree to be bound by these Terms with respect of your child’s use of the Services.
    • Arbitration notice: except for certain types of disputes described in the arbitration clause below, you agree that disputes between you and Arx Research will be resolved by mandatory binding arbitration and you waive any right to participate in a class-action lawsuit or class-wide arbitration.