Terms of Service

Important — please read carefully. These Terms of Service (the "Terms") govern your access to and use of the website located at arureserve.com (the "Website") and any related content and documentation made available on it (together, the "Services"). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree, do not use the Website.

Nothing on the Website is an offer, solicitation, or recommendation to buy, sell, or hold any asset, and nothing on the Website constitutes financial, investment, legal, tax, or accounting advice.

1. Definitions

• •"ARU" or "Token" means the ARU commodity token, a digital record representing a contractual beneficial interest in an allocated pool of physically-held commodities, as described in the ARU documentation.
• •"Issuer" means Vantara International Ltd, a company incorporated in the British Virgin Islands, being the issuer of the Token.
• •"Foundation" means Acua Reserve Foundation, a Panama Private Interest Foundation, which holds legal title to the reserve assets for the benefit of Token holders.
• •"Reserve" means the pool of physically-held commodities backing ARU, held in segregated, third-party custody.
• •"Operator", "we", "us", or "our" means Hawkrel Inc., which operates the Website.
• •"You" or "User" means any person who accesses or uses the Website.
• •"Documentation" means the whitepaper, methodology, and other materials published on or linked from the Website.

2. The Website is informational only

The Website provides general information about the ARU reserve, its methodology, structure, and related documentation. The Website:

• •does not itself offer, sell, or facilitate the purchase, sale, or redemption of the Token;
• •does not operate an exchange, trading venue, order book, or matching engine;
• •does not provide custody of any digital asset, commodity, or fiat currency on your behalf; and
• •does not create any account, wallet, or financial relationship between you and the Operator by reason of your browsing it.

Access to the Token, including any subscription or redemption, is available only to eligible participants through separate agreements and processes, subject to their own terms and to applicable onboarding, know-your-customer, anti-money-laundering, and eligibility requirements.

3. Eligibility and restricted persons

By using the Website, you represent and warrant that:

• •you are at least 18 years of age and have the legal capacity to agree to these Terms;
• •you are not located in, resident in, or accessing the Website from any jurisdiction where doing so would be unlawful; and
• •you are not a person with whom dealings are restricted or prohibited under applicable sanctions programmes, including those administered by the Office of Foreign Assets Control, the United Nations, the European Union, or the United Kingdom.

The Token is not available to, and the Website is not directed at, any person in any jurisdiction where the availability of the Token or the Website would be contrary to applicable law. Access from certain jurisdictions may be restricted.

4. No offer and no advice

Nothing on the Website constitutes, or should be relied upon as:

• •an offer, solicitation, or invitation to buy, sell, subscribe for, or redeem any token, security, commodity, fund interest, or financial instrument, in any jurisdiction; or
• •financial, investment, legal, tax, accounting, or other professional advice.

The Token is intended to function as a commodity-backed instrument and is not intended to be a security, an e-money instrument, a deposit, or a collective investment scheme. This intended characterisation describes the structure's design and is not a legal conclusion binding on any regulator or court. You should obtain independent professional advice before making any decision in relation to the Token.

5. Nature of the Token and the Reserve

The Token represents a contractual beneficial interest in an allocated Reserve pool. Key structural features described in the Documentation include:

• •Physical backing. The Reserve consists of physically-held commodities held in segregated, insured, third-party custody.
• •Ring-fenced ownership. The Reserve assets are legally segregated from the operating activities of affiliated entities and are held through the Foundation for the benefit of Token holders.
• •No re-hypothecation. The Reserve commodities are not lent, pledged, or reused, and are not subject to any debt obligation, synthetic exposure, or swap counterparty.
• •Independent verification. Net asset value and proof of reserves are produced by independent third parties.

These features are described in more detail in the Documentation, which is qualified in its entirety by the definitive legal agreements governing the Token. In the event of any conflict between the Website and those definitive agreements, the definitive agreements prevail.

6. Risk disclosure

Holding or dealing in commodity-backed digital assets involves significant risk. Without limitation:

• •Market risk. The value of the underlying commodities, and therefore of the Token, may fall as well as rise, and past performance is not indicative of future results.
• •Liquidity risk. There may be limited or no secondary market for the Token, and you may be unable to sell or redeem at a particular time or price.
• •Regulatory risk. The legal and regulatory treatment of digital assets is evolving and may change, potentially adversely.
• •Custody and operational risk. Notwithstanding custody and verification arrangements, loss, theft, or operational failure cannot be excluded entirely.
• •Technology risk. Blockchain networks, smart contracts, and digital wallets carry technical risks, including software defects, exploits, and irreversible loss of access.

You are solely responsible for assessing whether any interaction with the Token is appropriate for you.

7. Intellectual property

All content on the Website, including text, graphics, logos, methodology, and Documentation, is owned by or licensed to the Operator and is protected by applicable intellectual property laws. You may view and download content for your own personal, non-commercial reference only. You may not copy, reproduce, republish, distribute, or create derivative works from any part of the Website without our prior written consent, except as permitted by mandatory law.

8. Acceptable use

You agree not to:

• •use the Website in any way that breaches any applicable law or regulation;
• •attempt to gain unauthorised access to the Website, its servers, or any connected system;
• •introduce malicious code, or interfere with the proper operation of the Website; or
• •use the Website to circumvent any sanctions, know-your-customer, anti-money-laundering, or eligibility requirement.

9. Third-party links and content

The Website may contain links to third-party websites, tools, or resources. We do not control and are not responsible for the content, accuracy, or availability of any third-party resource, and inclusion of any link does not imply endorsement.

10. Disclaimers

To the maximum extent permitted by applicable law, the Website and all content are provided "as is" and "as available", without warranty of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the Website will be uninterrupted, error-free, secure, or free of harmful components.

11. Limitation of liability

To the maximum extent permitted by applicable law, in no event will the Operator, the Issuer, the Foundation, or any of their respective affiliates, officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, or goodwill, arising out of or in connection with your use of, or inability to use, the Website, whether based in contract, tort, or otherwise, even if advised of the possibility of such damages.

12. Indemnity

You agree to indemnify and hold harmless the Operator and its affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or connected with your breach of these Terms or your misuse of the Website.

13. Changes to these Terms and the Website

We may amend these Terms at any time by posting the updated version on the Website with a revised "Last updated" date. Your continued use of the Website after any change constitutes acceptance of the amended Terms. We may also modify, suspend, or discontinue any part of the Website at any time without liability.

14. Governing law and disputes

These Terms, and any non-contractual obligations arising out of or in connection with them, are governed by the laws of the British Virgin Islands, and the courts of the British Virgin Islands have exclusive jurisdiction over any dispute, subject to any mandatory consumer-protection rights you may have in your place of residence.

15. Contact

Questions about these Terms may be sent to [email protected].

This document constitutes the website Terms of Service and does not form part of any offering document, subscription agreement, or definitive legal agreement relating to the Token.