ArDax Terms And Condtions

Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CLICKING THE “CREATE ACCOUNT” BUTTON OR BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE.

Summary of Terms of Service

This summary of our Terms of Service offers you an overview of the key terms that apply to your use of our website and trading services. While we hope this summary section is helpful, you should read the terms of service since they provide important information about how our services work. Please note that we refer to our online service where you can execute trades as “ArDax“.

ArDax provides you with a system that matches your trades with open orders from other users of our services at your direction. Users are not able to predetermine a trade with a particular user or with a particular account. Additionally, an order may be partially filled or may be filled by multiple matching orders.

  • Our Services
  • Eligibility and Acceptable Use
  • Trading Risks
  • Other Important Legal Terms
  1. Complete Terms of Service
  2. Key Definition
  3. “External Account” means any Financial Account or Digital Asset Account: (i) from which you may load Funds into your ArDax Account, and (ii) to which you may push Funds from your ArDax Account.
  4. “Financial Account” means any financial account of which you are the beneficial owner that is maintained by a third party outside of the Services, including, but not limited to third-party payment service accounts or accounts maintained by third party financial institutions.
  5. “Funds” means Digital Asset and/or Legal Tender.
  6. “Legal Tender” means any national currency, such as U.S. dollars, that may be used in connection with a purchase or sale of Digital Assets via the Services, and does not include any Digital Asset.
  7. “ArDax Account” means a user account accessible via the Services where Funds may be stored by Virtual Capital Holdings Company Inc on behalf of a user.
  8. “Digital Asset” means bitcoins, ripples and other digital assets that may be purchased, sold or traded via the Services.
  9. “Digital Asset Account” means any Digital Asset address or account owned or operated by you that is maintained outside of the Services, and is not owned, controlled or operated by Virtual Capital Holdings Company Inc.
  10. Eligibility
  11. ArDax Account
  12. Number of ArDax Accounts. Virtual Capital Holdings Company Inc may, in its sole discretion, limit the number of ArDax Accounts that you may hold, maintain or acquire.
  13. ArDax Account information and security. In order to engage in any trades via the Services, you must create a ArDax Account and provide any requested information. When you create a ArDax Account, you agree to: (a) create a strong password that you do not use for any other website or online service; (b) provide accurate and truthful information; (c) maintain and promptly update your ArDax Account information; (d) maintain the security of your ArDax Account by protecting your password and restricting access to your ArDax Account; (e) promptly notify us if you discover or otherwise suspect any security breaches related to your ArDax Account; and (f) take responsibility for all activities that occur under your ArDax Account and accept all risks of any authorized or unauthorized access to your ArDax Account, to the maximum extent permitted by law.
    1. Privacy Policy
  14. General Obligations
  15. Conditions and Restrictions. We may, at any time and in our sole discretion, refuse any trade submitted via the Services, impose limits on the trade amount permitted via the Services or impose any other conditions or restrictions upon your use of the Services without prior notice. For example, we may limit the number of open orders that you may establish via the Services or we may restrict trades from certain locations.
  16. Accuracy of Information. You must provide any information required when creating a ArDax Account or when prompted by any screen displayed within the Services. You represent and warrant that any information you provide via the Services is accurate and complete.
  17. Cancellations You may only cancel an order initiated via the Services if such cancellation occurs before Virtual Capital Holdings Company Inc executes the transaction. Once your order has been executed, you may not change, withdraw or cancel your authorization for Virtual Capital Holdings Company Inc to complete such transaction. If an order has been partially filled, you may cancel the unfilled remainder unless the order relates to a market trade. We reserve the right to refuse any cancellation request associated with a market order once you have submitted such order. In contrast to exchange orders, all trades are irreversible once initiated. While we may, at our sole discretion, reverse a trade under certain extraordinary conditions, a customer does not have a right to a reversal of a trade.
  18. Insufficient Funds. If you have an insufficient amount of Funds in your ArDax Account to complete an order via the Services, we may cancel the entire order or may fulfill a partial order using the amount of Funds currently available in your ArDax Account, less any fees owed to Virtual Capital Holdings Company Inc in connection with our execution of the trade (as described in Section 9 below).
  19. Taxes. It is your responsibility to determine what, if any, taxes apply to the trades you complete via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that Virtual Capital Holdings Company Inc is not responsible for determining whether taxes apply to your trades or for collecting, reporting, withholding or remitting any taxes arising from any trades.
    1. ArDax Account Funds
  20. Funding your ArDax Account. In order to complete an order or trade via the Services (as described in Section 7), you must first load Funds to your ArDax Account using one of the approved External Accounts identified via the Services. You may be required to verify that you control the External Account that you use to load Funds to your ArDax Account. As further described in Section 9, you may be charged fees by the External Account you use to fund your ArDax Account. Virtual Capital Holdings Company Inc is not responsible for any External Account fees or for the management and security of any External Account. You are solely responsible for your use of any External Account, and you agree to comply with all terms and conditions applicable to any External Account. The timing associated with a load transaction will depend in part upon the performance of third parties responsible for maintaining the applicable External Account, and Virtual Capital Holdings Company Inc makes no guarantee regarding the amount of time it may take to load Funds into your ArDax Account. 
    About Funds Held In Your ArDax Account – Be advised that fiat funds held in your ArDax account are exclusively for the purchase of Digital Assets or withdrawal to your approved External Account. Proceeds from the sale of Digital Assets will be credited to your fiat account, less any transactional or other fees. Furthermore, be advised that ArDax does not pay interest on free fiat balances held in your account. 
    Digital Assets Only Accounts – If you have opened a ArDax Account designated as Digital Assets Only, you may only fund your account with digital assets. ArDax will not accept fiat to fund a Digital Assets Only Account. If fiat is transmitted to fund such an account, it will be returned to the sender, less applicable transfer fees.
  21. Pushing Funds to an External Account. Provided that the balance of Funds in your ArDax Account is greater than any minimum balance requirements needed to satisfy any of your open positions, you may push any amount of Funds, up to the total amount of Funds in your ArDax Account in excess of such minimum balance requirements, from your ArDax Account to an External Account, less any fees charged by Virtual Capital Holdings Company Inc.
  22. Load/Push Authorization. When you request that we load Funds into your ArDax Account from your External Account or request that we push Funds to your External Account from your ArDax Account, you authorize Virtual Capital Holdings Company Inc to execute such transaction via the Services.
  23. Rejected Transactions. In some cases, the External Account may reject your Funds or may otherwise be unavailable. You agree that you will not hold Virtual Capital Holdings Company Inc liable for any damages resulting from such rejected transactions.
    1. Exchange Orders and Trades
  24. Authorization. When you submit a new order via the Services, you authorize Virtual Capital Holdings Company Inc to execute a transaction in accordance with such order on a spot basis and charge you any applicable fees (as described in Section 10 below).
  25. Independent relationship. You acknowledge and agree that: (a) Virtual Capital Holdings Company Inc is not acting as your broker, intermediary, agent, or advisor or in any fiduciary capacity, and (b) no communication or information provided to you by Virtual Capital Holdings Company Inc shall be considered or construed as advice.
  26. Trade confirmation. Once the Services execute your trade, a confirmation will be electronically made available via the Services detailing the particulars of the trade. You acknowledge and agree that the failure of the Services to provide such confirmation shall not prejudice or invalidate the terms of such trade.
  27. Trade options. Please refer to the for information about the terminology used in connection with the trading options made available via the Services. If you do not understand the meaning of any trade option, we strongly encourage you not to utilize any of those options.
  28. Market rates. If you select a market trade, Virtual Capital Holdings Company Inc will attempt, on a commercially reasonable basis, to execute the trade on or close to the prevailing market exchange rate, as defined via the Services. You acknowledge and agree that the exchange rate information made available via our Services may differ from prevailing exchange rates made available via other sources outside of the Services.
  29. Market volatility. Particularly during periods of high volume, illiquidity, fast movement or volatility in the marketplace for any Digital Assets or Legal Tender, the actual market rate at which a market order or trade is executed may be different from the prevailing rate indicated via the Services at the time of your order or trade. You understand that we are not liable for any such price fluctuations. In the event of a market disruption or Force Majeure event (as defined in Section 24), Virtual Capital Holdings Company Inc may do one or more of the following: (a) suspend access to the Services; or (b) prevent you from completing any actions via the Services, including closing any open positions. Following any such event, when trading resumes, you acknowledge that prevailing market rates may differ significantly from the rates available prior to such event.
  30. Trade Settlement. Subject to the terms and conditions in these Terms, we will use commercially reasonable efforts to settle trades on a spot basis within two (10) business days of the date upon which users have agreed to execute a trade via the Services.
  31. Margin Trades.
    1. You agree to maintain in your ArDax Account a sufficient amount of Funds to meet any minimum balance requirements imposed by Virtual Capital Holdings Company Inc for users to engage in margin trades. You acknowledge that if you do not have sufficient Funds to meet such minimum balance requirements, that Virtual Capital Holdings Company Inc may automatically close some or all of your open positions without notice. Virtual Capital Holdings Company Inc may modify such minimum balance requirements from time to time, in its sole discretion. If your margin account balance becomes negative, you agree to pay the amount of Funds owed to Virtual Capital Holdings Company Inc within 12 hours. You may not trade on a negative margin account.
    2. You acknowledge and agree that you understand the risks involved with margin trades.
    3. Risk Disclosure
  32. Trading risks. You acknowledge and agree that you shall access and use the Services at your own risk. The risk of loss in trading Digital Asset pairs and Digital Asset and Legal Tender pairs can be substantial. You should, therefore, carefully consider whether such trading is suitable for you in light of your circumstances and financial resources. You should be aware of the following points:
    1. You may sustain a total loss of the Funds in your ArDax Account, and, in some cases, you may incur losses beyond such Funds. If the market moves against your position, you may be called upon by us to provide a substantial amount of additional margin Funds, on short notice, in order to maintain your position. If you do not provide the required Funds within the time required by us, your position may be liquidated at a loss, and you will be liable for any resulting deficit in your ArDax Account.
    2. Under certain market conditions, you may find it difficult or impossible to liquidate a position. This can occur, for example, when the market reaches a daily price fluctuation limit (“limit move”), if there is insufficient liquidity in the market.
    3. Placing contingent orders, such as “stop-loss” or “stop-limit” orders, will not necessarily limit your losses to the intended amounts, since market conditions may make it impossible to execute such orders.
    4. All Digital Asset positions involve risk, and a “spread” position may not be less risky than an outright “long” or “short” position.
    5. The use of leverage can work against you as well as for you and can lead to large losses as well as gains.

      ALL OF THE POINTS NOTED ABOVE APPLY TO ALL DIGITAL ASSET PAIR AND DIGITAL ASSET AND LEGAL TENDER PAIR TRADING. THIS BRIEF STATEMENT CANNOT, OF COURSE, DISCLOSE ALL THE RISKS AND OTHER ASPECTS ASSOCIATED WITH THESE TRADES.
  33. Internet transmission risks. You acknowledge that there are risks associated with utilizing an Internet-based trading system including, but not limited to, the failure of hardware, software, and Internet connections. You acknowledge that Virtual Capital Holdings Company Inc shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when trading via the Services, howsoever caused.
    1. Digital Asset Terms of Sale
  34. Prices; Availability. All prices reflect the exchange rates applicable to the purchase or sale of Digital Assets using the Legal Tender or alternative form of Digital Assets identified in your purchase order. All Digital Asset sales and purchases by Virtual Capital Holdings Company Inc are subject to availability, and we reserve the right to discontinue the sale and purchase of Digital Assets without notice.
  35. Purchase Quotes. Prior to completing your purchase or sale of Digital Assets from Virtual Capital Holdings Company Inc, we will provide notice of the amount of Digital Assets you intend to purchase or sell and the amount of Funds you will be required to pay to Virtual Capital Holdings Company Inc to receive such Digital Assets or Legal Tender. You agree to comply with any terms and conditions provided within such notice to complete your purchase transaction.
  36. Errors. In the event of an error, whether via our Services, in a purchase order confirmation, in processing your purchase, or otherwise, we reserve the right to correct such error and revise your purchase transaction accordingly (including charging the correct price) or to cancel the purchase and refund any amount received. Your sole remedy in the event of an error is to cancel your purchase order and obtain a refund of any amount charged.
  37. Payment Method. Only valid payment methods specified by us may be used to purchase Digital Assets. By placing an order to purchase Digital Assets from Virtual Capital Holdings Company Inc, you represent and warrant that (a) you are authorized to use the designated payment method and (b) you authorize us, or our payment processor, to charge your designated payment method. If the payment method you designate cannot be verified, is invalid or is otherwise not acceptable, your purchase order may be suspended or cancelled automatically. You agree to resolve any problems we encounter in order to proceed with your purchase order.
  38. No Returns or Refunds. All sales and purchases of Digital Assets by Virtual Capital Holdings Company Inc via the Services are final. We do not accept any returns or provide refunds for your purchase of Digital Assets from Virtual Capital Holdings Company Inc, except as otherwise provided in these Terms.
    1. Fees
  39. Amount of Fees. You agree to pay Virtual Capital Holdings Company Inc the fees for trades completed via our Services (“Fees“) as made available via the (“Fee Schedule“), which we may change from time to time. Changes to the Fee Schedule are effective as of the effective date indicated in the posting of the revised Fee Schedule to the Services, and will apply prospectively to any trades that take place following the effective date of such revised Fee Schedule.
  40. Third-Party Fees. In addition to the Fees, your External Account may impose fees in connection with your use of your designated External Account via the Services. Any fees imposed by your External Account provider will not be reflected on the transaction screens containing information regarding applicable Fees. You are solely responsible for paying any fees imposed by an External Account provider.
  41. Payment of Fees. You authorize us, or our designated payment processor, to charge or deduct your ArDax Account Funds for any applicable Fees owed in connection with trades you complete via the Services.
  42. Collection-Related Costs. If you fail to pay Fees or any other amounts owed to Virtual Capital Holdings Company Inc under these Terms and Virtual Capital Holdings Company Inc refers your account(s) to a third party for collection, then Virtual Capital Holdings Company Inc will charge you the lesser of an 18% collection fee or the maximum percentage permitted by applicable law, to cover Virtual Capital Holdings Company Inc’s collection-related costs.
    1. Electronic Notices
  43. Consent to Electronic Delivery. You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, “Communications“) that Virtual Capital Holdings Company Inc provides in connection with your ArDax Account and/or use of the Virtual Capital Holdings Company Inc Services. You agree that Virtual Capital Holdings Company Inc may provide these Communications to you by posting them via the Services, by emailing them to you at the email address you provide, and/or by sending an SMS or text message to a mobile phone number that you provide. Your carrier’s normal, messaging, data and other rates and fees may apply to any mobile Communications. You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy. You may also contact us through support to request additional electronic copies of Communications or, for a fee, paper copies of Communications (as described below).
  44. Hardware and Software Requirements. In order to access and retain electronic Communications, you will need a computer with an Internet connection that has a current web browser with cookies enabled and 128-bit encryption. You will also need to have a valid email address on file with Virtual Capital Holdings Company Inc and have sufficient storage space to save past Communications or an installed printer to print them.
  45. Withdrawal of Consent. You may withdraw your consent to receive electronic Communications by sending a withdrawal notice to support [email protected] . If you decline or withdraw consent to receive electronic Communications, Virtual Capital Holdings Company Inc may suspend or terminate your use of the Services.
  46. Requesting Paper Copies. If, after you consent to receive Communications electronically, you would like a paper copy of a Communication we previously sent you, you may request a copy within 30 days after the date we provided the Communication to you by contacting [email protected]In order for us to send paper copies to you, you must have a current street address on file with Virtual Capital Holdings Company Inc. Please note that ArDax operates exclusively online and it is very burdensome for us to produce paper copies of Communications. Therefore, if you request paper copies, you understand and agree that Virtual Capital Holdings Company Inc may charge you a processing fee, in the amount of not less than 300USD, for each page of Communication requested.
  47. Updating Contact Information. It is your responsibility to keep your email address and/or mobile phone number on file with Virtual Capital Holdings Company Inc up to date so that Virtual Capital Holdings Company Inc can communicate with you electronically. You understand and agree that if Virtual Capital Holdings Company Inc sends you an electronic Communication but you do not receive it because your email address or mobile phone number on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Virtual Capital Holdings Company Inc will be deemed to have provided the Communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Virtual Capital Holdings Company Inc to your email address book so that you will be able to receive the Communications we send to you. You can update your email address, mobile phone number or street address at any time by logging into your ArDax Account or by sending such information to support https://support.ArDax.com. If your email address or mobile phone number becomes invalid such that electronic Communications sent to you by Virtual Capital Holdings Company Inc are returned, Virtual Capital Holdings Company Inc may deem your account to be inactive, and you may not be able to complete any transaction via our Services until we receive a valid, working email address or mobile phone number from you.
    1. Unclaimed Property
  48. ACCEPTABLE USE
  49. Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
  50. Use our Services to pay for, support or otherwise engage in any illegal gambling activities; fraud; money-laundering; or terrorist activities; or other illegal activities;
  51. Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
  52. Use or attempt to use another user’s account without authorization;
  53. Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
  54. Develop any third-party applications that interact with our Services without our prior written consent;
  55. Provide false, inaccurate, or misleading information; and
  56. Encourage or induce any third party to engage in any of the activities prohibited under this Section.
    1. Feedback
  57. Copyrights and Other Intellectual Property Rights
  58. Trademarks
  59. Third-Party Content
  60. Suspension; Termination
  61. Discontinuance of Services
  62. Disclaimer of Warranties
  63. Limitation of Liability
  64. Indemnity
  65. Applicable Law; Arbitration
  66. Miscellaneous
  67. Entire Agreement; Order of Precedence. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with Virtual Capital Holdings Company Inc for the Services or for any other Virtual Capital Holdings Company Inc product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with Virtual Capital Holdings Company Inc, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
  68. Amendment. We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion. If we make changes to these Terms, we will provide you with notice of such changes, such as by sending an email, providing notice on the homepage of the Site and/or by posting the amended Terms via the applicable Virtual Capital Holdings Company Inc websites and mobile applications and updating the “Last Updated” date at the top of these Terms. The amended Terms will be deemed effective immediately upon posting for any new users of the Services. In all other cases, the amended Terms will become effective for preexisting users upon the earlier of either: (i) the date users click or press a button to accept such changes, or (ii) continued use of our Services 30 days after Virtual Capital Holdings Company Inc provides notice of such changes.  Any amended Terms will apply prospectively to use of the Services after such changes become effective. If you do not agree to any amended Terms, you must discontinue using our Services and contact us to terminate your account.
  69. Waiver. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
  70. Severability. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
  71. Force Majeure Events. Virtual Capital Holdings Company Inc shall not be liable for (1) any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information; (2) any loss or damage arising from any event beyond Virtual Capital Holdings Company Inc’s reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond Virtual Capital Holdings Company Inc’s reasonable control (each, a “Force Majeure Event“).
  72. Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Virtual Capital Holdings Company Inc, including by operation of law or in connection with any change of control. Virtual Capital Holdings Company Inc may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
  73. Headings. Headings of sections are for convenience only and shall not be used to limit or construe such sections.
  74. Survival. 23.8 Sections 2 (Eligibility), Section 3 (ArDax Account), 8 (Risk Disclosure), 10 (Fees), 12 (Unclaimed Property), 14 (Feedback), 15 (Copyrights), 16 (Trademarks), 17 (Third-Party Content), 20 (Disclaimer of Warranties), 21 (Limitation of Liability); 22 (Indemnity), 23 (Applicable Law; Arbitration) and this Section 24 (Miscellaneous) shall survive any termination or expiration of these Terms.

Margin Disclosure Statement

We are furnishing this document to you to provide some basic facts about purchasing digital assets or legal tender on margin, and to alert you to the risks involved with trading assets in a margin account. Before trading assets in a margin account, you should carefully review this margin disclosure statement. Please contact us through support https://support.ArDax.com regarding any questions or concerns you may have with your margin accounts.

When you purchase digital assets for legal tender or vice versa, you may pay in full or you may borrow part of the purchase price from us. If you choose to borrow funds from us, you will open a margin account. The assets purchased are our collateral for the loan to you. If the assets in your account declines in value, so does the value of the collateral supporting your loan, and, as a result, we can take action, such as issue a margin call and/or sell assets in your account, in order to maintain the required equity in the account.

It is important that you fully understand the risks involved in trading assets on margin. These risks include the following:

  • You can lose more funds than you deposit in the margin account. A decline in the value of assets that are purchased or sold on margin may require you to provide additional funds to us to avoid the forced sale of assets in your account(s).
  • We can force the sale of assets in your account. If the equity in your account falls below our maintenance margin requirements, we can sell assets in your account to cover the margin deficiency. You also will be responsible for any shortfall in the account after such a sale.
  • We can sell your assets without contacting you. Customers may mistakenly believe that we must contact them for a margin call to be valid, and that we cannot liquidate assets in their accounts to meet the call unless we have contacted them first. This is not the case. We will attempt to notify you of margin calls, but we are not required to do so. However, even if we have contacted you and provided a specific date by which you can meet a margin call, we can still take necessary steps to protect our financial interests, including immediately selling assets without notice to you.
  • We can increase maintenance margin requirements at any time and are not required to provide you with advance written notice. These maintenance margin requirements often take effect immediately and may result in the issuance of a maintenance margin call. Your failure to satisfy the call may cause us to liquidate or sell assets in your account(s). We are not responsible to delays in the release of funds intended to satisfy the call, including but not limited to internal holds on funds exceeding verification limits, delays in the transfer of funds from external accounts maintained by third party financial institutions, and failure of proper routing of funds through financial networks. The funds won’t count towards their maintenance requirements until the funds are released.
  • You are not entitled to an extension of time on a margin call. While an extension of time to meet margin requirements may be available to you under certain conditions, a customer does not have a right to the extension.
  • Customers with accounts registered in the United States are limited to a 28-day maximum financing term for maintaining open margin positions. Margin positions held beyond 28 days will be automatically liquidated. We are not required to contact you prior to the expiration of the 28-day term and may liquidate your positions without warning. You are expected keep track of your margin positions and settle or otherwise close the positions within 28 days. The 28-day term is fixed and cannot be extended.

Annex C

ADDENDUM: Staking Services (“Staking Addendum”)

1.1. General.  The Staking Services may be made available by ArDax to users that fulfill the eligibility criteria in the Terms of Service.  By using the Staking Services, you agree that you have read, understand, and accept all of the terms in this Staking Addendum.  You further agree and understand that this Staking Addendum is subject to the terms and conditions set forth in the Terms of Service. 

1.2. Staking Services.  When you buy or hold one of the Digital Assets eligible for staking (the “Supported Coins”), you are consenting to such Supported Coins being staked in part or in entirety by ArDax, or a third party on behalf of ArDax, in ArDax’s sole discretion (the “Staking Services”).  Please refer to your ArDax Account for further information regarding the Staking Services. 

1.3. Opting into Staking Services & Staking Reward Terms.  In order to use the Staking Services, you must opt-in by selecting the Supported Coins to stake from your ArDax Account.  By opting-in a portion or your entire balance of Supported Coins, we shall remit to you the applicable percentage of staking rewards attributable to your staked Supported Coins (“Staking Rewards”) as detailed in your ArDax Account.  The percentage and timing of such remittances will: (i) be determined by ArDax in its sole discretion; (ii) be subject to ArDax’s staking fee;
(iii) vary by the Supported Protocol; and (iv) be further detailed in your ArDax Account.  You agree and understand that ArDax does not guarantee that you will receive Staking Rewards and that the applicable percentage of Staking Rewards (i) is an estimate only and not guaranteed, (ii) may change at any time in ArDax’s sole discretion, and (iii) may be more or less than the actual Staking Rewards ArDax receives from the Supported Protocol. 

1.4. Slashing Penalty.  A determination by the Supported Protocol that the Staking Service has been erroneously operated may result in a “slashing penalty” and non-payment of the specified Staking Rewards.  ArDax agrees to compensate you for any slashing penalties to the extent such penalties are not a result of (i) your acts or omissions, (ii) Supported Protocol maintenance, bugs, or errors, (iii) acts by a hacker or other malicious actor, or (iv) Force Majeure Events.  

1.5. No Guarantee of Staking Services. While ArDax employs measures to ensure that the Staking Services are accessible 24 hours a day and 7 days a week, ArDax cannot guarantee uninterrupted or error-free operation of the Staking Services or that ArDax will correct all defects or prevent third-party disruptions or unauthorized third party access.  In the event of such disruptions, any staked Supported Coins may not be generating the Staking Rewards. 

See Spooky Action At a Distance with ArDax and Virtual Capital Holdings Company Inc.