Arbitrons Terms of Use

By using this website (hereinafter to be known as “Site”) located at arbitrons.ai and by registering for an Account to use our platform and services (hereinafter to be known as “Services”), you (also known as ”you”, “your”, or “yourself”) agree to accept and comply with the terms and conditions of use as stated below (hereinafter to be known as ”Terms”). In addition, when utilizing certain features of the Services, you may be subjected to specific additional terms and conditions that are relevant to those particular features.

You are currently accessing Arbitrons (hereinafter to be known as ”Arbitrons”, “the Company”, “we”, “us” or “our”), including without limitation thereby, its owners, directors, employees, or other related parties. Depending upon the context, Arbitrons may also refer to the services, products, Site, content, or other materials (collectively known as ”Materials”) provided by the Company. The Service operated by Arbitrons allows Users to generate income upon completion of a series of missions.

Please read the terms carefully as they govern your use of our Services. Within these terms, there are significant provisions, including an arbitration clause that mandates the resolution of all claims through legally binding arbitration. The specific details of the arbitration provision can be found in Article 8, which is titled ”Resolving Disputes: Forum, Arbitration, Class Action Waiver,” provided below. It is important to note that, similar to any asset, the values of digital currencies can experience significant fluctuations, and there is a notable risk of economic losses associated with purchasing, selling, holding, or investing in digital currencies and their derivatives. By utilizing our services, you acknowledge and agree that:

  1. You are aware of the risks associated with the transactions of digital currencies and their derivatives.

  2. You shall assume all risks associated with using our services and engaging in digital currency transactions and their derivatives.

  3. Arbitrons shall hold no liability for any adverse outcomes resoting from such risks.

By accessing, utilizing, or attempting to utilize our Services in any manner, you affirm your acceptance and agreement to abide by these Terms. If you do not agree to these Terms, please refrain from accessing Arbitrons or using any of its Services.

If you would like to know more about the risks associated with investing in or trading Digital Assets, you can access our General Risk Warning at arbitrons.ai.

I. Definitions

The following provisions define the terms and conditions that govern your access and participation in any services provided by the Company. It is expected that these provisions will be reviewed alongside the ”General Risk Warning” and any other Terms and Conditions governing the use of the Services and Website(s), as well as the information therein.

  1. The term “Arbitrons” encompasses a comprehensive ecosystem that includes various components, such as the Website (whose domain names include but are not limited to arbitrons.ai, mobile applications, clients, applets and other applications specifically designed to provide Services. This also includes independently-operated platforms, websites, and clients within the ecosystem. In the event of any discrepancy between the relevant terms of use of these platforms and the contents of these Terms, the respective applicable terms of the platforms shall take precedence.

  2. “Accounts” refers to the fundamental virtual Accounts provided by Arbitrons, which include main Accounts and sub-Accounts. These Accounts are created to enable Users to record their usage of Services, transactions, asset changes, and basic information on the Platform. The Accounts serve as the basis for Users to exercise their rights and enjoy the benefits offered by the Company.

  3. “Arbitrons” refers to all entities responsible for running the Platform, including but not limited to legal entities (including Arbitrons UAB), unincorporated organizations, and teams that provide the Services. For ease of reference, unless otherwise stated, the terms “Arbitrons” and “we” in these Terms specifically refer to the Company. The term may change in accordance with adjustment in the business. In such cases, Arbitrons will assume obligations under these Terms and continue to provide Services to you. It is important to note that your rights and interests under these Terms will remain unaffected. Additionally, this scope may expand when new Services are introduced. By continuing to utilize our Services, you are considered to have consented to the mutual implementation of these new terms. In the event of a dispute, you will identify the entities involved in executing these terms, including yourself and the parties in disagreement, based on the specific services you utilize and the actions that impact your rights or interests.

  4. “Services” encompasses a range of Services provided to Users that utilizes Internet and/or blockchain technologies. These Services are made available through our websites, mobile applications, clients, and other platforms (including potential future advancements in technology). Our Services include, but are not limited to, various components within the Arbitrons ecosystem such as Pool, Copy Trade, Arbitrage, and forthcoming novel services like ETF.

  5. “Platform Rules” refers to all rules, interpretations, announcements, statements, letters of consent, and other contents that have been and will be subsequently released by Arbitrons, as well as all regulations, implementation rules, product process descriptions, and announcements published in the Help Center or within products or service processes.

  6. “Digital Currencies” refers to encrypted or digital tokens or cryptocurrencies with a certain value that are based on blockchain and cryptography technologies and are issued and managed in a decentralized form.

  7. “Digital Assets” refer to digital currencies, their derivatives or other types of digitalized assets with a certain value.

  8. The term ”KYC,” which stands for ”know-your-customer,” pertains to the procedure implemented by Arbitrons prior to establishing a business association or engaging in transactions with its Users. As part of this process, Arbitrons reserves the right to undertake any actions it deems necessary to identify Users, authenticate their identity, closely examine and investigate User transactions, and adhere to relevant laws and regulations.

  9. The term “Users” refers to all individuals, institutions or organizations that access, download, or utilize Arbitrons or its Services, provided they meet the criteria and conditions specified by the Company. In cases where separate agreements exist for entities such as developers, distributors, market makers, and digital currencies exchanges, those specific agreements shall take precedence and be adhered to.

II. General Provision
  1. About These Terms
    1. Contractual Relationship

      2. These Terms constitute a legal agreement and create a binding contract between Users and the Company.


    2. Supplementary Terms

      3. Due to the rapid development of digital currencies and the trading market, these Terms between you and the Company may not cover all rights and obligations of each party. They also may not guarantee complete alignment with future development needs. As a result, the Privacy Policy, Platform Rules, and any other separate agreements you enter into with the Company are considered supplemental terms that are an essential part of these terms and have equal legal legal significance. By utilizing our Services, you are considered to have accepted the aforementioned supplementary terms.


    3. Changes to These Terms

      4. Arbitrons reserves the right to make changes or revisions to these Terms at its own discretion and without prior notice. Any modifications or updates will be communicated by updating the terms on the Website arbitrons.ai and revising the displayed [Last revised] date on this page. Upon publication on the website or made available to Users, the modified terms will take effect. By continuing to utilize our Services, you are considered to have accepted the updated agreement and terms. If you do not agree with any modifications to these terms, you must immediately cease using the Services. It is recommended that you regularly review these terms to ensure your understanding of the applicable terms and conditions for accessing and using the Services.


    4. Prohibition of Use

      5. By accessing and utilizing our Services, you affirm and guarantee that you are not listed on any trade embargoes or economic sanctions list (such as the United Nations Security Council sanctions list), the Office of Foreign Assets Control (OFAC) list of Specially Designated Nationals maintained by the U.S. Department of the Treasury, or the U.S. Department of Commerce Denied Persons or Entity List. Arbitrons reserves the right to determine the markets and jurisdictions in which it conducts business and may, at its discretion, limit or refuse the provision of its services in certain countries or regions.


  2. About Arbitrons

    3. Arbitrons plays a significant role within the Arbitrons Ecosystem as a global online platform for trading Digital Assets, offering Users a range of services related to Digital Assets, including a trading platform, financing services, technical support, and more. As outlined in Article 3 below, Users are required to register and create an Account with Arbitrons, and deposit their Digital Assets into the Account before engaging in trading activities. Users may also request the withdrawal of their Digital Assets, subject to certain restrictions outlined in these Terms.


    While Arbitrons strives to ensure the accuracy of information provided through its Services, the Company does not guarantee the accuracy, applicability, reliability, integrity, performance or appropriateness. Arbitrons shall not be held liable for any loss or damage that may arise directly or indirectly from your use of such information. It is important to note that information regarding our Services may change without prior notice, and it is primarily intended to assist Users in making independent decisions. Arbitrons does not offer investment or consulting advice in any form, and the Company assumes no responsibility for the utilization or interpretation of information found on the Platform or any other communication medium.


    All Users utilizing the Services must fully comprehend the risks associated with trading Digital Assets and are strongly advised to exercise caution and trade responsibly according to their own capabilities.


  3. Arbitrons Account Registration and Requirements
    1. Registration

      2. Prior to utilizing the Services, all Users are required to apply for an Account at arbitrons.ai. During the registration process, you must provide the information specified in paragraph 3 or any additional information requested by the website. By registering an Account with Arbitrons, you acknowledge and accept these Terms, the Privacy Policy, and other rules set forth by the Company on its Platform. Arbitrons retain the right, at its discretion, to reject the opening of an Account for you. It is your responsibility to provide accurate and complete information during the Account registration process, and to promptly update any information provided to ensure its accuracy and integrity. Each User (including a natural person, business, or legal entity) is allowed to maintain only one primary Account at a time. However, Users may create one or more sub-Accounts under the main Account with Arbitron's approval. In certain cases, specific independent Accounts may be required for certain Services, as per the provisions outlined in these Terms or Supplementary Terms. The registration, usage, protection, and management of such trading Accounts are subject to the same provisions outlined in this Section and Section VI, unless stated otherwise in these Terms or the Supplementary Terms.


    2. Eligibility

      3. By registering for an Arbitrons Account, you confirm and warrant that:

      1. You are at least 18 years old or are of legal age to enter into a binding contract according to applicable laws;

      2. You possess full legal capacity and appropriate authorizations to agree to these Terms;

      3. You have not been previously suspended or removed from using the Platform or Services;

      4. You do not have an existing Arbitrons Account;

      5. You are not residing in, locating in, or making attempts to access the Platform or Services from, or otherwise acting on behalf of a person or legal entity that is situated in a Restricted Location. The designation of the Restricted Location shall be determined by the Company.

      6. If you agree to these Terms on behalf of a legal entity as an employee or agent, you warrant that you have the requisite rights and authorizations to bind such a legal entity, as well as to access and utilize the Platform and Services on its behalf; and

      7. Your usage of the Platform and Services will not infringe upon any applicable laws and and regulations governing you or the legal entity you represent, including but not limited to anti-money laundering, anti-corruption, and counter-terrorist financing.

      8. Please note that there are legal regulations in different countries that may impose restrictions on the products and services provided by Arbitrons. As a result, certain products, services, and specific features within the Platform may not be available or may be limited in particular jurisdictions, regions, or for specific Users. It is your responsibility to stay informed about and adhere to any restrictions or requirements pertaining to accessing and utilizing the Platform and Services in each country from which you or someone on your behalf accesses them. The Company reserves the right to change, modify, or impose additional restrictions on the access and use of the Platform and/or Services at their discretion and without prior notice.


    3. User Identity Verification

      4. By registering an Account with Arbitrons, you acknowledge and agree to provide the necessary personal information for the purpose of identity verification. Such information will be used to verify your identity, detect potential instances of money laundering, terrorist financing, fraud, and other financial crimes within the Platform. Additionally, the information may be used for other lawful purposes as outlined by Arbitrons, and will be collected, utilized, and shared in accordance with our Privacy Policy.


      In addition to providing the required information, you consent to the retention of such information during the period when your Account remains active and for a period of five (5) years after the closure of your Account. This retention is done in compliance with global industry standards for data storage.


      You also grant Arbitrons the authority to conduct necessary investigations, either directly or through a third party, to verify your identity or protect you and/or us from financial crimes, including fraud. The information required for identity verification may include, but is not limited to, your name, email address, contact information, phone number, Username, government-issued ID, date of birth, and other relevant details collected during the Account registration process. By providing this required information, you affirm that it is true and accurate.


      Upon registration, it is your responsibility to ensure that all information provided is accurate, complete, and promptly updated in case of any changes. If there are reasonable grounds to believe that any of the information you provided is incorrect, false, outdated, or incomplete, Arbitrons reserves the right to request correction, delete the relevant information directly, and, if necessary, terminate all or part of the Services provided to you. In the event that we are unable to reach you using the provided contact information, you shall bear full liability for any loss or expenses incurred by Arbitrons during your use of our Services. You acknowledge and agree that it is your obligation to promptly update any changes to your information.


      By registering an Account, you hereby authorize Arbitrons to conduct investigations, either directly or through third parties, that are deemed necessary to verify your identity or protect you, other Users, and/or the Company from fraud or other financial crimes. Arbitrons may take necessary actions based on the results of such investigations. Additionally, you acknowledge and agree that your personal information may be disclosed to credit bureaus and agencies for the purpose of fraud prevention or financial crime prevention, and such entities may respond to our investigation as needed.


    4. Account Usage Requirements

      5. The use of an Arbitrons Account is strictly limited to the Account registrant. Arbitrons reserves the right to suspend, freeze, or terminate the usage of Accounts by individuals other than the registered Account holder. In the event that you suspect or become aware of any unauthorized use of your Username and password, it is essential to promptly notify Arbitrons. Arbitrons assumes no liability for any loss or damage incurred as a result of the authorized or unauthorized use of your Account by you or any third party.


    5. Account Security

      6. Arbitrons is dedicated to safeguarding Users’ funds and has implemented industry-standard security measures for its Services. However, individual Users bear certain risks through their own actions. It is your responsibility to treat your access credentials, such as your Username and password, as confidential information and refrain from disclosing them to any third party. Additionally, you agree to assume sole responsibility for implementing necessary security measures to protect your Account and personal information.


      You are solely responsible for ensuring the security of your Account and password, as well as all transactions conducted under your Account. Arbitrons assumes no liability for any loss or consequences arising from the authorized or unauthorized use of your Account credentials., including but not limited to information disclosure, release of information, consent or submission to various rules and agreements by interacting with the website, online agreement renewals, and other similar actions.


      By creating an Account with us, you agree to the following terms:

      1. You will notify Arbitrons immediately if you become aware of any unauthorized usage of your Account or password, as well as any breaches of security protocols;

      2. You will adhere to all security, authentication, trading, charging, and withdrawal mechanisms and procedures implemented by Arbitrons; and

      3. You will ensure that you properly log out from your Account at the conclusion of each session.

III. Liabilities
  1. Disclaimer of Warranties

    2. To the fullest extent permitted by law, Arbitrons Services and Materials, including any products, services, or items provided by or on behalf of Arbitrons, are offered on an ”as is” and ”as available” basis. The Company expressly disclaims that no other warranties, whether expressed or implied, are being provided, and you hereby waive any and all expectations or claims associated with such warranties of any kind. These warranties include, but are not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement, or warranties arising from course of performance, course of dealing, or usage in trade business practices, or trade usage.


    Arbitrons makes no representations or warranties regarding the accuracy, completeness, reliability, currency, error-free nature, or absence of viruses or other harmful components of the Site, Services, or Materials. Additionally, the Company does not guarantee the execution, acceptance, recording, or maintenance of any order.


    Except for the explicit statements, agreements, and rules set forth in these Terms, you acknowledge and agree that you have not relied on any other statements or agreements, whether written or oral, regarding your use and access of our Services. You hereby understand and agree that Arbitrons shall not be liable for any losses or damages arising from or relating to:

    1. Any inaccuracies, defects, or omissions in Digital Assets price data;

    2. Any errors or delays in the transmission of such data;

    3. Interruptions in the availability of such data;

    4. Regular or unscheduled maintenance carried out by Arbitrons, which may result in service interruptions and changes;

    5. Any damages arising from the actions, omissions, or violation of these terms by other Users;

    6. Any damages caused by the illegal actions of third parties or actions taken without authorization from Arbitrons; and

    7. Other exemptions specified in the Disclaimers and Platform Rules issued by Arbitrons.


    The disclaimer of implied warranties stated here may be restricted or not applicable if prohibited by the applicable laws of your jurisdiction.


  2. Disclaimer of Damages and Limitation of Liability

    3. To the fullest extent permitted by applicable law, Arbitrons, its affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers, or contractors shall not be held liable for any incidental, indirect, special, punitive, consequential, or similar damages or liabilities arising from Arbitrons services, the performance or non-performance of Arbitrons services, or any other product, service, or item provided by or on behalf of Arbitrons and its affiliates. This includes damages for the loss of data, information, revenue, profits, or other business or financial benefits, whether under contract, statute, strict liability, or any other theory, even if Arbitrons has been advised of the possibility of such damages.


    However, such limitation does not apply in cases where there is a final judicial determination that such damages resulted from Arbitron's gross negligence, fraud, willful misconduct, or intentional violation of the law. It is important to note that certain jurisdictions may have laws that do not permit the exclusion or limitation of incidental or consequential damages. Consequently, the aforementioned limitation may not be applicable to you depending on the jurisdiction in which you reside.


    In no event shall the liability of Arbitrons, its affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers, or contractors exceed the amount of fees paid by you to the Company under these Terms in the twelve-month period immediately preceding the event giving rise to the claim for liability.


  3. Indemnification

    4. You agree to indemnify and hold harmless Arbitrons, their affiliates, contractors, licensors, and their respective directors, officers, employees and agents from any and all claims, actions, proceedings, investigations, demands, suits, costs, expenses, and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising from or in connection to:

    1. Your use of the Services or your conduct related to such use;

    2. Your breach these Terms or our enforcement of them; or

    3. Your violation of any applicable laws, regulations, or the rights of any third party during your use of the Services.


    In the event that you have an obligation to indemnify Arbitrons, its affiliates, contractors, licensors, and the respective directors, officers, employees, or agents under these Terms, Arbitrons will have the sole discretion to assume control over any legal action or proceeding. The Company shall retain the discretion to determine whether it intends to pursue a settlement and, if deemed appropriate, establish the specific terms of said settlement.

IV. Termination of Agreement
  1. Suspension of Accounts

    2. You acknowledge and consent that Arbitrons retains the authority to immediately suspend your Account (including any Accounts beneficially owned by related entities or affiliates), freeze or restrict access to the Digital Assets or funds held in such Accounts, and suspend your access to the Website, should there be any suspicion of a violation of these Terms, our Privacy Policy, or any applicable laws and regulations.


    You agree that Arbitrons shall not be held liable for any permanent or temporary modification made to your Account, or for the suspension or termination of your access to all or any portion of the Services. The Company reserves the right to retain and utilize transaction data or other relevant information associated with such Accounts. The aforementioned Account controls may also be implemented in the following circumstances:

    1. The Account becomes involved in a governmental proceeding, criminal investigation or other pending litigation;

    2. Unusual activities are detected in the Account;

    3. Unauthorized access to the Account is detected;

    4. Compliance with a court order or directive from a regulatory or government authority necessitates such action.


  2. Cancellation of Accounts

    3. Arbitrons reserves the right to terminate these Terms and cancel your Account under the following circumstances. In such cases, Arbitrons may choose to permanently freeze or cancel the authorizations associated with your Account and withdraw any corresponding funds:


    Upon Account termination, relevant Account and transactional information that meets data retention standards will be securely stored for a period of 5 years. If there are any pending transactions during the termination process, Arbitrons may notify the involved counterparty about the situation. It’s important to note that if you choose to initiate the closure of your Account (exercising your right to erasure under GDPR or similar regulations), the termination protocol mentioned above will also be applicable.


    In the event that Arbitrons becomes aware that any Digital Assets or funds in your Account have been stolen or are not lawfully possessed by you, the Company may, but is not obligated to, impose an administrative hold on the affected funds and Account. This hold may remain in effect until the dispute is resolved, and acceptable evidence of resolution is provided in a form deemed satisfactory by the Company. Arbitrons will not mediate or participate in the resolution of any such dispute. You acknowledge that Arbitrons assumes no liability for any administrative hold placed on your funds or Account, or for any restrictions on the withdrawal of Digital Assets or funds or the execution of trades during the period of such hold.

V. No Involvement of Financial Advice

Arbitrons explicitly disclaims any role as a broker, intermediary, agent, or advisor, and there exists no fiduciary relationship or obligation between the Company and you with respect to any trades, decisions, or activities conducted using the Services. Any communication or information provided by Arbitrons should not be construed as investment advice, financial advice, trading advice, or any other form of advice. Unless otherwise specified in these Terms, all trades are executed automatically based on the parameters of your order instructions and in accordance with the stated trade execution procedures. It is your sole responsibility to assess whether any investment, investment strategy, or related transaction is suitable for your personal investment objectives, financial circumstances, and risk tolerance. You assume full responsibility for any loss or liability arising from such decisions.

For guidance specific to legal or tax matters, it is recommended that you consult with professionals in those fields to address your individual situation. Arbitrons does not provide recommendations regarding the purchase, sale, or holding of any Digital Asset. Before making any decisions related to the purchase, sale, or holding of Digital Assets, it is important that you conduct your own thorough research and consult with your own financial advisors. Arbitrons will not be held accountable for any decisions you make regarding the purchase, sale, or holding of Digital Assets based on information provided by the Company.

VI. Compliance with Local Laws

Users are responsible for complying with local laws pertaining to the legal usage of our Services within their respective jurisdictions, as well as any other applicable laws and regulations. You must also consider all taxation aspects, including withholding, collection, reporting, and remittance to the appropriate tax authorities, in accordance with their local laws. It is the responsibility of each user to ensure that their funds originate from legitimate sources and are not derived from illegal activities. You understand and agree that Arbitrons may request or gather necessary information and materials, as mandated by relevant laws or government directives, to verify the legality of the source and use of funds.

Arbitrons maintains a cooperative approach with law enforcement authorities worldwide and reserves the right to seize, freeze, or terminate user accounts and funds that are flagged or subject to investigation under legal mandates.

VII. Privacy Policy

To access and utilize our Services, you will be required to provide certain personally identifiable information. For detailed information on how Arbitrons collects and utilizes such information, please refer to Arbitron's Privacy Policy available at arbitrons.ai. The Privacy Policy provides a summary of Arbitron's guidelines regarding the collection and use of personally identifiable information.

VIII. Resolving Disputes: Forum, Arbitration, Class Action Waiver

Please read this section carefully as it pertains to waiving certain rights to initiate legal proceedings, including class action lawsuits.

  1. Notice of Claim and Dispute Resolution Period

    2. Prior to initiating any formal legal proceedings, it is encouraged to first contact Arbitrons to address any concerns or disputes. Upon contacting Arbitrons, a ticket number will be assigned to your case, which helps facilitate the resolution process internally. The parties involved are expected to engage in good faith negotiations in order to reach a satisfactory resolution, with the understanding that such discussions will remain confidential and subject to applicable rules protecting settlement discussions from being used as evidence in any legal proceedings.


    In the event that a satisfactory resolution cannot be achieved through internal processes, and you wish to pursue legal action against Arbitrons, you must provide a written “Notice of Claim” outlining the basis of your claim as prior notice to the Company. The Notice of Claim should:

    1. Outline the nature and basis of the claim or dispute;

    2. Specify the requested relief;

    3. Include the original ticket number; and

    4. Include your Arbitrons Account email.

    The Notice of Claim should be submitted to the designated email address or hyperlink provided in your correspondence with Arbitrons.


    After submitting the Notice of Claim to Arbitrons, the dispute referenced in the notice may be subject to arbitration in accordance with the provisions outlined in paragraph 2 of this section. It is important to note that the submission of a dispute for internal resolution and the delivery of a Notice of Claim to Arbitrons are prerequisites for commencing an arbitration proceeding or any other legal proceeding. During the arbitration process, any settlement offers made by you or Arbitrons shall not be disclosed to the arbitrator.


  2. Agreement to Arbitrate and Governing Law

    3. Both You and Arbitrons mutually agree that, excluding the situations specified in paragraph 1 above, any dispute, claim, or controversy arising between you and the Company in relation to these Terms or your association with Arbitrons as a User of the Services will be exclusively resolved through mandatory final and binding individual arbitration. This applies to all legal theories, whether based on contract, tort, statute, fraud, misrepresentation, or any other grounds, and regardless of whether the claims arise during or after the termination of these Terms. The arbitration proceedings will be conducted on an individual basis, rather than as a class action, unless otherwise specified in the Exceptions to Agreement to Arbitrate outlined below.


    The arbitrator will have the exclusive authority to determine their own jurisdiction, including any objections concerning the existence, scope, or validity of the Agreement to Arbitrate, or the arbitrability of any claim or counterclaim. Arbitration is a less formal process than a lawsuit in court, with no judge or jury involved. Court review of an arbitration award is limited, and discovery may be more restricted compared to court proceedings. The arbitrator must abide by this agreement and can award the same damages and relief as a court, including attorney fees, except that the arbitrator cannot award declaratory or injunctive relief in favor of anyone other than the parties involved in the arbitration. The arbitration provisions stated in this section will remain in effect even after the termination of these Terms.

    1. Arbitration Rules: The arbitration will be conducted in accordance with the HKIAC Administered Arbitration Rules (HKIAC Rules) in effect at the time the Notice of Arbitration is submitted, with modifications specified in this section.

      2. The Hong Kong International Arbitration Centre (HKIAC) will administer the arbitration process. Unless the parties agree otherwise, there shall be only one arbitrator appointed in accordance with the HKIAC Rules, and the arbitration proceedings will be conducted in English. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision explaining the essential findings and conclusions upon which the decision and award, if any, are based. The resulting arbitral award may be enforced in any court having jurisdiction over the party (or their assets) against whom the award is rendered.


    2. Time for Filing: Any arbitration against Arbitrons must be commenced by filing a request for arbitration within one (1) year from the date the party asserting the claim becomes aware or reasonably should have become aware of the act, omission, or default giving rise to the claim. Failure to assert a claim within this one-year period, inclusive of the internal dispute resolution procedure outlined in paragraph 1, will result in the loss of any remedy for that claim, unless applicable law allows for a shorter limitation period.


    3. Process and Notice: The party intending to pursue arbitration after the Dispute Resolution Period specified in paragraph 1 must submit a request to the HKIAC in accordance with the HKIAC Rules. If Arbitrons requests arbitration against You, a notice will be sent to the email address or mailing address you have provided.

      4. It is your responsibility to maintain an up-to-date and accurate email and/or mailing address with Arbitrons, and any notice sent to that address will be deemed effective for all purposes, including the adequacy of service.


    4. Seat of Arbitration: The arbitration proceedings will take place in Hong Kong, which serves as the designated seat of the arbitration.


    5. Place of Hearing: Unless the parties agree otherwise, any in-person arbitration hearings will be held in Hong Kong.


    6. Governing Law: These Terms (including the arbitration agreement) will be governed by and interpreted in accordance with the laws of Hong Kong.


    7. Confidentiality: The parties acknowledge and agree to maintain strict confidentiality with respect to the arbitration proceedings. Any information related to the arbitration, including nonpublic information shared during the process, as well as any submissions, orders, or awards made in the arbitration (referred to as ”Confidential Information”), shall not be disclosed to any third party except for the tribunal, the HKIAC, the parties involved, their legal representatives, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other individuals necessary for the conduct of the arbitration.


      8. Notwithstanding the foregoing, a party may disclose Confidential Information to the extent required to fulfill a legal obligation, protect or assert legal rights, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision remains in effect even after the termination of these Terms and any arbitration conducted under these Terms.


  3. Modifications

    4. Arbitrons reserves the right to update, modify, revise, suspend, or make any future changes to this section, which pertains to the parties' Agreement to Arbitrate, in accordance with applicable law. It is your responsibility to stay informed and ensure that you have the most current understanding of this section. By maintaining the use of your Arbitrons Account, you consent and agree to any amendments or revisions made to this section pertaining to the Agreement to Arbitrate, as permitted by the applicable law. If you disagree with the modifications made to this section, Arbitrons may temporarily block access to your Account until your Account is closed. During this period, the Terms of Use prior to the modification will remain in effect until the closure of your Account.


  4. Severability

    5. In the event that any provision of these Terms is determined to be invalid or unenforceable, either in whole or in part, for any reason or to any extent, the remaining provisions of these Terms shall remain valid and enforceable to the fullest extent permitted by law.

IX. Miscellaneous

  1. Independent Parties.

    2. Arbitrons operates as an independent contractor and is not considered an agent in performing these Terms.The provisions of these Terms do not imply an association, joint venture, partnership, or franchise between the parties.


  2. Entire Agreement.

    3. These Terms constitute the complete agreement between the parties concerning the use of our Services and supersede all prior written or oral agreements. No trade usage, regular practice, or course of dealing between the parties will modify, interpret, supplement, or alter the terms stated herein.


  3. Interpretation and Revision.

    4. Arbitrons reserves the right to modify, revise, amend, and/or change these Terms at any time. Such modifications will be effective immediately upon publication on Arbitrons websites. It is your responsibility to regularly review the relevant pages on our Websites to ensure you are aware of the latest version of these Terms.

    If you do not agree with any such modifications, your sole course of action is to discontinue the use of our Services and terminate your Account. Unless expressly stated otherwise in these Terms, you acknowledge that Arbitrons shall not be held accountable for any modifications or termination of the Services made by you or any third party, or for the suspension or termination of your access to our Services.


  4. Language & Translations

    5. Arbitrons reserves the right, at its sole discretion, to translate these Terms into languages other than English. You acknowledge that any translated version is provided for convenience purposes only, and in case of any ambiguity, discrepancy, or omission, the English text will prevail.


  5. Force Manure

    6. Arbitrons will not be held liable for any delay or failure to perform its obligation as required by these Terms due to any cause or condition beyond its reasonable control.


  6. Severability

    7. If any part of these Terms is deemed invalid or unenforceable, such invalidity or enforceability shall not affect validity or enforceability of the remaining provisions, which shall remain in full force and effect. The invalid or unenforceable provision will be interpreted to the fullest extent permitted by law.


  7. Assignment

    8. You are not permitted to assign or transfer any rights or obligations under these Terms, including those related to the use of our Services, the enforcement of laws, or the change of control, without prior written consent from Arbitrons. Arbitrons, conversely, reserves the right to assign or transfer all or part of its rights or obligations under these Terms without the need for notice, consent, or approval from you.


  8. Waiver

    9. The failure of either party to enforce any provision of these Terms shall not diminish their right to enforce such provision at any later time. Likewise, the waiver by one party of any breach or violation of these Terms by the other party shall not be deemed a waiver of any subsequent breach, violation, or the provision itself.


  9. Third-Party Website Disclaimer

    10. The inclusion of links to third-party websites on the Services does not constitute an endorsement by Arbitrons of any product, service, information, or disclaimer presented on those websites. The Company does not provide any guarantee regarding the accuracy of the information contained on such websites. Any loss incurred from the use of third-party products and services is the sole responsibility of the User, and Arbitrons shall not be held liable for such loss. Additionally, as Arbitrons has no control over the terms of use or privacy policies of third-party websites, Users are advised to carefully review and understand those policies.


  10. Matters Related to Apple Inc

    11. If you choose to engage in any commercial activities or reward programs through our Services using a device manufactured by Apple Inc, please note that such activities and programs are provided solely by Arbitrons and are not associated with Apple Inc. in any way.


  11. Contact Information

    12. For detailed information about Arbitrons, you may refer to the company and license information found on our Websites. If you have any questions or require clarification regarding these Terms, please contact our customer support team at [email protected].