These Terms of Service (these “Terms”) govern your access to and use of the ARKOS platform, including any ARKOS-branded website, mobile application, portal, electronic interface, client service channel, tools, content, features, alerts, communications, and related services made available to you (collectively, the “ARKOS Platform” or the “Services”).

For clarity, “ARKOS” refers only to the client-facing platform, website, mobile application, and related digital services.

“AFT,” “Company,” “we,” “us,” or “our” means Ark Financial Technology Inc., a Delaware corporation, with a registered office at 1209 Orange St., Wilmington, Delaware 19801.

AFT owns and operates the ARKOS Platform and all related technology, software, design, content, workflows, and intellectual property, except to the extent expressly owned by a third party.

By accessing or using the ARKOS Platform, creating an account, submitting information, tapping or clicking “I Agree,” “Accept,” “Continue,” “Submit,” or a similar button, or otherwise confirming your agreement in the ARKOS Platform, you agree to be bound by these Terms as an electronic contract with AFT.

Your electronic acceptance has the same legal effect as a handwritten signature.

The ARKOS Platform is intended to display these Terms at the bottom of the relevant website or mobile application screen or otherwise make them available during onboarding, registration, login, account-opening, or other user flows.

You should read these Terms carefully before confirming your agreement.

If you do not agree to these Terms, you may not access or use the ARKOS Platform.

These Terms should be read together with AFT's Privacy Policy, any electronic communications disclosure or consent, and all account agreements, custodial agreements, banking agreements, fee schedules, disclosures, statements, risk disclosures, privacy notices, and other documents provided by any applicable account provider or other third party involved in the relevant account, product, service, or transaction.

Certain laws may require disclosures or communications to be provided in writing.

By agreeing electronically, you consent to receive legally required and other communications electronically to the extent permitted by applicable law.

You are responsible for maintaining a valid email address, compatible device, internet access, and software capable of accessing, displaying, downloading, and retaining electronic records.

Your use of the ARKOS Platform is also subject to any Electronic Communications Consent Agreement, Electronic Signature Disclosure, or similar electronic communications agreement presented during onboarding or account opening.

If a conflict exists between these Terms and an Electronic Communications Consent Agreement regarding electronic delivery or consent matters, the Electronic Communications Consent Agreement will control.

AFT provides the ARKOS Platform as a technology-enabled client service portal for eligible users to view, access, organize, and communicate regarding financial, investment, asset management, custody, account-opening, and related account information that may be made available through AFT, its affiliates, or third-party service providers.

Depending on the features enabled for your profile, jurisdiction, account type, product, and service provider, the ARKOS Platform

may enable you to:

• view information relating to the bank account or other financial or related accounts;
• access account summaries, balances, holdings, performance data, statements, confirmations, reports, notices, tax forms, or other documents made available through the ARKOS Platform;
• submit onboarding, know-your-customer, suitability, accreditation, beneficial ownership, tax, anti-money laundering, sanctions, risk, or other information and documents that may be used to support account opening, account maintenance, compliance review, or service delivery;
• communicate with AFT, its affiliates, relationship managers, customer support personnel, and, where applicable, account providers or other third parties;
• receive notices, alerts, messages, service updates, account-related communications, and other electronic communications;
• initiate, request, review, approve, or transmit certain instructions, forms, consents, requests, or documents where such functionality is made available; and
• use other features and functionality that AFT may add, modify, suspend, or discontinue from time to time.

The ARKOS Platform is a technology and client-service interface.

Unless AFT separately agrees in writing and is legally authorized to do so, AFT does not itself provide investment advice, banking services, brokerage services, custody services, securities clearing, deposit accounts, money transmission, trust services, insurance underwriting, legal advice, tax advice, accounting advice, fiduciary advice, or a recommendation to engage in any transaction, product, investment, strategy, or other regulated financial or professional services through these Terms.

Users should consult their own professional advisers before making financial, legal, tax, investment, or business decisions.

Information displayed through the ARKOS Platform may be provided by affiliates, third-party account providers, market data vendors, custodians, banks, broker-dealers, investment advisers, fund administrators, transfer agents, payment processors, identity verification vendors, document-management vendors, cloud service providers, or other sources.

AFT may display, transmit, format, organize, or facilitate access to such information, but AFT does not independently verify all third-party data and is not responsible for the accuracy, completeness, timeliness, availability, or reliability of data provided by third parties.

The ARKOS Platform is not a substitute for official account records, legally required statements, confirmations, notices, tax forms, prospectuses, offering documents, account agreements, or disclosures provided by the applicable account provider.

You should review official records and promptly notify the applicable provider and AFT of any discrepancy.

The ARKOS Platform may display, support, or facilitate access to accounts, products, or services that are provided by certain bank partners (each, an “Account Provider”).

The use of the heading “Relationship with Banking Services” in these Terms does not mean that AFT is a bank or that banking services are necessarily offered through the ARKOS Platform.

If banking, custody, brokerage, investment advisory, asset management, payment, transfer, deposit, or other regulated services are made available, those services are provided by the applicable Account Provider and are governed by separate agreements, disclosures, and applicable law.

Your relationship with each Account Provider is separate from your relationship with AFT under these Terms.

AFT and the ARKOS Platform may:

• provide the digital interface through which you view account information, upload documents, receive communications, and submit requests or instructions;
• support onboarding, identity verification, account-opening workflows, compliance screening, client service, and account maintenance processes;
• transmit your information, documents, authorizations, consents, requests, or instructions to the applicable Account Provider or service provider;
• display information received from Account Providers or data sources; and
• coordinate operational, technical, risk, compliance, and customer-service matters

Unless expressly stated otherwise in a separate written agreement, AFT does not:

• hold customer funds, securities, digital assets, or other client assets;
• provide deposit accounts or guarantee deposits;
• act as a bank, broker-dealer, investment adviser, custodian, transfer agent, clearing firm, insurer, trustee, tax adviser, legal adviser, or accounting adviser solely by providing the ARKOS Platform;
• determine interest rates, yields, investment returns, product terms, fund terms, account terms, eligibility, account approvals, credit decisions, fees, or transaction execution decisions for third-party products or accounts; or
• guarantee that any account, product, investment, transaction, instruction, transfer, withdrawal, subscription, redemption, conversion, rollover, application, or service request will be accepted, processed, completed, or made available.

All regulated services, account terms, fees, investment terms, risks, restrictions, availability of funds, execution, settlement, statements, disclosures, account freezes, account closures, and error-resolution obligations are determined by the applicable Account Provider and applicable law, unless AFT expressly assumes a specific obligation in a separate written agreement.

You may use the ARKOS Platform only if you are at least 18 years old, have the legal capacity to enter into a binding agreement, and are not barred from using the ARKOS Platform under applicable law, sanctions rules, export controls, or these Terms.

By using the ARKOS Platform,

you represent and warrant that:

• you are legally permitted to use the ARKOS Platform in the jurisdiction from which you access it;
• all information you provide is true, accurate, current, complete, and not misleading;
• you will promptly update information as necessary;
• you are acting for yourself unless you have disclosed and documented authority to act for another person or entity;
• you will comply with all applicable laws and contractual obligations; and
• you are not subject to sanctions, located in a comprehensively sanctioned jurisdiction, or listed on any U.S. government or other applicable restricted-party list.

AFT may refuse registration, onboarding, account access, or use of the ARKOS Platform if AFT determines, in its sole discretion, that you do not meet eligibility requirements, present legal, regulatory, compliance, security, fraud, operational, or reputational risk, or fail to provide requested information.

You represent and warrant that:

• you are not located in, organized under the laws of, or ordinarily resident in any jurisdiction subject to comprehensive U.S. sanctions or trade restrictions;
• you are not identified on any applicable sanctions, restricted-party, denied-party, blocked-person, or similar governmental list;
• you will not use the ARKOS Platform in violation of applicable export control, sanctions, anti-boycott, anti-money laundering, or trade compliance laws; and
• you will not permit access to the ARKOS Platform in violation of applicable export-control or sanctions requirements.

AFT may restrict, suspend, or terminate access where necessary to comply with applicable sanctions or export-control obligations.

To access certain features of the ARKOS Platform, you may be required to create a user account, complete onboarding, submit identity information, provide contact information, establish login credentials, enable multi-factor authentication, and provide documents or consents requested by AFT or an Account Provider.

You are responsible for:

• maintaining the confidentiality and security of your username, password, authentication codes, devices, email account, phone number, biometric authentication, API credentials, and other access methods;
• all activities, instructions, submissions, consents, and communications conducted through your account or using your credentials, whether or not authorized by you, except to the extent applicable law provides otherwise;
• using secure devices, updating software, installing security patches, and protecting your network from unauthorized access;
• promptly notifying AFT if you suspect unauthorized access, compromised credentials, device loss, fraud, error, or misuse; and
• ensuring that any authorized representative, employee, agent, adviser, family member, or other person who accesses the ARKOS Platform on your behalf complies with these Terms.

AFT may require you to provide additional information or documentation at onboarding or at any time thereafter, including government identification, tax forms, source-of-funds information, beneficial ownership information, accreditation or qualified purchaser information, suitability information, investment objectives, risk tolerance, financial information, residency information, entity documents, authorization documents, and other records.

AFT may rely on information, documents, signatures, consents, and instructions submitted through your account, and AFT may treat them as authorized by you unless AFT has received and had a reasonable opportunity to act on notice of unauthorized use.

By submitting information, documents, communications, or content through the ARKOS Platform, you grant AFT and its service providers a non-exclusive license to use, store, process, transmit, reproduce, and disclose such information as necessary to operate the ARKOS Platform, provide services, comply with law, and satisfy contractual obligations.

You agree to use the ARKOS Platform only for lawful, personal, internal business, or otherwise authorized purposes, and only in accordance with these Terms, applicable law, applicable account agreements, and any instructions or policies made available by AFT.

You may not, and may not permit any other person to:

• use the ARKOS Platform for unlawful, fraudulent, deceptive, abusive, manipulative, harmful, or unauthorized purposes;
• misrepresent your identity, authority, residence, tax status, eligibility, financial condition, investment experience, source of funds, beneficial ownership, or purpose;
• attempt to evade sanctions, anti-money laundering, counter-terrorist financing, anti-bribery, anti-corruption, tax, securities, banking, privacy, export-control, or other legal requirements;
• access or attempt to access another user's account, data, documents, or communications without authorization;
• interfere with, disrupt, overload, damage, reverse engineer, decompile, scrape, crawl, copy, modify, frame, mirror, or create derivative works of the ARKOS Platform except as expressly permitted by law;
• introduce viruses, malware, ransomware, worms, Trojan horses, corrupted files, or harmful code;
• bypass, disable, or interfere with security, authentication, compliance, risk, monitoring, rate-limiting, or access-control measures;
• use bots, scripts, automated tools, or data-mining methods without AFT's prior written consent;
• use the ARKOS Platform to transmit unlawful, infringing, defamatory, obscene, harassing, threatening, discriminatory, or otherwise objectionable content;
• commercialize, resell, sublicense, rent, lease, transfer, or provide bureau or service-provider access to the ARKOS Platform without AFT's written consent; or
• use the ARKOS Platform in a manner that may harm AFT, ARKOS, any affiliate, Account Provider, service provider, other user, or the integrity, security, availability, reputation, or lawful operation of the ARKOS Platform.

AFT may monitor use of the ARKOS Platform for security, compliance, quality assurance, audit, fraud prevention, operational, and service-improvement purposes, subject to applicable law and AFT's Privacy Policy.

The ARKOS Platform, including all software, technology, source code, object code, user interfaces, designs, workflows, content, graphics, text, images, logos, trademarks, service marks, trade names, documentation, reports, functionality, and other materials made available through the ARKOS Platform, together with all intellectual property rights therein, are owned by AFT, its affiliates, licensors, or service providers and are protected by applicable intellectual property, unfair competition, and other laws.

Except as expressly permitted under these Terms, no right, title, or interest in the ARKOS Platform or any intellectual property is transferred to you.

ARKOS, Ark Financial Technology, associated logos, and related branding are trademarks or service marks of AFT or its affiliates.

You may not use such marks without prior written consent.

Subject to your compliance with these Terms, AFT grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the ARKOS Platform solely for lawful purposes and only in accordance with these Terms.

You may not:

• copy, reproduce, distribute, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works of the ARKOS Platform except as expressly permitted by law;
• remove proprietary notices;
• use the ARKOS Platform for unauthorized commercial purposes; or
• permit unauthorized third parties to access the ARKOS Platform through your credentials.

AFT reserves all rights not expressly granted.

The ARKOS Platform may allow you to initiate, submit, approve, request, track, or communicate about certain transactions, transfers, subscriptions, redemptions, withdrawals, deposits, wires, ACH transfers, account openings, account changes, document submissions, investment-related instructions, or other financial or account-related actions, if such functionality is enabled for your account and permitted by the applicable Account Provider and applicable law.

AFT's role is limited to providing the interface and transmitting, routing, formatting, recording, or supporting the submission of your information, requests, authorizations, and instructions.

AFT does not guarantee transaction completion, acceptance, execution, settlement, pricing, net asset value, trade date, redemption date, funding date, availability of funds, processing timeline, or absence of delay.

All transactions, instructions, and requests may be subject to:

• Account Provider review, approval, rejection, cut-off times, operational requirements, account restrictions, liquidity terms, investment terms, subscription periods, redemption gates, lockups, settlement cycles, and documentation requirements;
• fraud monitoring, sanctions screening, anti-money laundering review, source-of-funds review, tax review, suitability or eligibility review, and other compliance controls;
• market conditions, holidays, weekends, system availability, third-party processing limitations, network delays, data-provider delays, and force majeure events;
• additional consents, wet-ink signatures, notarization, medallion signature guarantees, corporate approvals, trust or estate documents, or other supporting documents; and
• limits, holds, freezes, reversals, cancellations, corrections, or delays imposed by AFT, an Account Provider, a payment network, a fund, a custodian, a bank, a regulator, a court, or applicable law. You are responsible for reviewing all details before submitting an instruction or request.

AFT may rely on instructions submitted through the ARKOS Platform and may transmit them to the applicable Account Provider.

You may not be able to cancel, amend, or reverse an instruction once submitted.

If cancellation or amendment is available, it may be subject to the applicable Account Provider's rules and processing status.

If electronic funds transfers or other consumer financial transactions are made available, your rights and obligations, including error-resolution rights for unauthorized or erroneous transactions, will be governed by the applicable Account Provider's agreements and disclosures and applicable law.

You should promptly report suspected errors, unauthorized activity, or discrepancies through the ARKOS Platform or directly to the applicable Account Provider as instructed in the relevant account disclosures.

AFT may charge fees for access to or use of certain ARKOS Platform features, premium services, administrative services, data services, account support, document handling, or other services if disclosed to you or agreed in a separate agreement.

AFT AFT may change its fees prospectively, subject to applicable law and any required notice.

Fees, expenses, commissions, spreads, management fees, advisory fees, fund expenses, custody fees, banking fees, transaction fees, wire fees, foreign exchange costs, tax withholding, account maintenance fees, platform fees, and other charges for accounts, products, transactions, or third-party services may be established and charged by the applicable Account Provider, affiliate, fund, issuer, adviser, custodian, bank, broker-dealer, insurer, payment processor, or other service provider.

Before opening or using any account, product, or service, you are responsible for reviewing all applicable agreements and disclosures, including fee schedules, risk disclosures, account agreements, offering memoranda, subscription documents, prospectuses, statements of additional information, advisory agreements, custody agreements, bank disclosures, privacy notices, tax forms, and other documentation.

Information displayed on the ARKOS Platform regarding fees, balances, values, holdings, performance, transaction status, interest, yield, tax, or other account information may be preliminary, estimated, delayed, rounded, summarized, aggregated, or derived from third-party data.

Official records and disclosures provided by the applicable Account Provider control in the event of a discrepancy, unless applicable law provides otherwise.

AFT collects, receives, uses, stores, processes, retains, discloses, and protects personal information and other data in accordance with AFT's Privacy Policy and applicable privacy, data protection, cybersecurity, financial privacy, consumer protection, and recordkeeping laws.

Information collected or processed through the ARKOS Platform may include:

• identifiers, contact details, login credentials, device identifiers, IP addresses, cookies, analytics identifiers, and usage information;
• government identification, date of birth, tax identification, residency, citizenship, employment, financial, investment, net worth, source-of-funds, bank account, beneficial ownership, accreditation, suitability, and risk-profile information;
• documents, forms, signatures, account applications, communications, requests, instructions, consents, statements, confirmations, and support tickets;
• account balances, holdings, transactions, performance information, fees, documents, and other account-related data received from Account Providers or data vendors;
• fraud, security, compliance, sanctions, watchlist, politically exposed person, adverse media, device, behavioral, and risk indicators; and
• technical logs, diagnostics, crash reports, session data, system performance data, and information needed to maintain and improve the ARKOS Platform.

AFT may use information to operate, provide, maintain, secure, personalize, analyze, troubleshoot, and improve the ARKOS Platform; support account opening and account maintenance; verify identity and authority; process documents, consents, requests, and instructions; communicate with you; provide customer support; detect and prevent fraud and security incidents; comply with legal, regulatory, audit, tax, sanctions, anti-money laundering, and recordkeeping obligations; enforce these Terms; and protect AFT, ARKOS, affiliates, Account Providers, service providers, users, and others.

AFT may share information with affiliates, Account Providers, identity verification vendors, compliance vendors, cloud and technology providers, analytics providers, customer-support providers, document-management providers, payment and transaction processors, professional advisers, auditors, regulators, law enforcement, courts, dispute-resolution forums, or other parties as described in AFT's Privacy Policy or as permitted or required by law.

No method of transmission or storage is completely secure.

AFT uses commercially reasonable administrative, technical, and physical safeguards designed to protect information, but AFT does not guarantee that unauthorized access, disclosure, loss, alteration, malware, system compromise, or other security incidents will never occur.

AFT maintains compliance, risk, fraud prevention, security, and operational controls designed to support the lawful operation of the ARKOS Platform and to assist AFT, its affiliates, Account Providers, and service providers in satisfying applicable obligations.

AFT may, directly or through service providers or Account Providers:

• verify your identity, authority, device, location, email, phone number, entity status, beneficial ownership, tax status, and eligibility;
• screen you and related parties against sanctions, restricted-party, politically exposed person, adverse media, fraud, and other watchlists;
• monitor account activity, document submissions, login activity, transaction requests, device behavior, communications, and other activity for security, compliance, fraud, risk, quality, and audit purposes;
• request additional information, documents, explanations, consents, certifications, or confirmations;
• delay, reject, suspend, restrict, or condition access, onboarding, transactions, requests, or communications; and
• report, disclose, retain, freeze, block, or take other action as AFT reasonably believes is required or permitted by applicable law, regulation, court order, regulator request, subpoena, Account Provider requirement, risk policy, or contractual obligation.

You agree to cooperate with reasonable requests for information and documentation.

Failure to provide requested information may result in delayed onboarding, restricted access, inability to use certain features, rejected transactions or requests, account restrictions, or termination of access to the ARKOS Platform.

AFT may, with or without notice to the extent permitted by law, suspend, restrict, limit, block, terminate, or modify your access to all or part of the ARKOS Platform if AFT determines, in its sole discretion, that such action is appropriate.

Grounds for suspension, restriction, or termination may include:

• violation of these Terms or any applicable agreement, policy, instruction, or law;
• suspected fraud, unauthorized access, identity theft, account takeover, abuse, misuse, cybersecurity risk, or harmful activity;
• sanctions, anti-money laundering, counter-terrorist financing, bribery, corruption, tax, securities, banking, privacy, consumer protection, or other compliance concerns;
• failure to provide requested information or documentation;
• inaccurate, incomplete, outdated, false, misleading, or suspicious information;
• Account Provider request, regulatory request, court order, subpoena, legal process, or risk-control requirement;
• system maintenance, technical issues, security incidents, data integrity concerns, operational limitations, or discontinuation of a feature or service; or
• any circumstance that AFT reasonably believes may create legal, regulatory, financial, reputational, security, operational, or other risk.

Termination or restriction of access to the ARKOS Platform does not necessarily terminate any underlying account, product, service, or agreement with an Account Provider.

Actions affecting an underlying account, including freezes, holds, restrictions, closures, liquidations, subscription rejections, redemption delays, or transfer limitations, are governed by the applicable Account Provider's agreements and applicable law.

The provisions of these Terms that by their nature should survive termination will survive, including provisions relating to ownership, intellectual property, privacy and data, compliance, disclaimers, limitation of liability, indemnification, dispute resolution, governing law, and changes to these Terms.

AFT is committed to providing reasonable access to the ARKOS Platform for users with disabilities.

Customers who experience difficulty accessing content, disclosures, communications, or functionality may contact Customer Support for assistance.

AFT may provide alternative methods of communication or access where appropriate and consistent with applicable law.

THE ARKOS PLATFORM, SERVICES, CONTENT, FEATURES, DATA, COMMUNICATIONS, DOCUMENTS, REPORTS, ALERTS, SOFTWARE, TECHNOLOGY, AND ANY INFORMATION MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE ARKOS PLATFORM ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

TO THE FULLEST EXTENT PERMITTED BY LAW, AFT DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SECURITY, AVAILABILITY, PERFORMANCE, SYSTEM INTEGRATION, DATA INTEGRITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR TRADE PRACTICE.

These disclaimers do not apply to the extent prohibited by the Electronic Fund Transfer Act or Regulation E.

AFT DOES NOT WARRANT THAT:

• the ARKOS Platform will be uninterrupted, timely, secure, accurate, complete, error-free, or available at any particular time or location;
• defects, bugs, outages, delays, vulnerabilities, data errors, or system issues will be corrected;
• the ARKOS Platform will be compatible with your device, browser, operating system, network, settings, or third-party software;
• data displayed through the ARKOS Platform will match official records at all times;
• the ARKOS Platform will be free of viruses, malware, harmful code, unauthorized access, or security incidents;
• any transaction, instruction, request, application, upload, download, notification, alert, communication, or data transmission will be completed, accepted, delivered, or processed; or
• the ARKOS Platform or any information available through it will meet your expectations, achieve any investment objective, avoid losses, or produce any particular result.

You are solely responsible for maintaining backup copies of information and documents you submit or access through the ARKOS Platform.

You should not rely solely on the ARKOS Platform as the official or exclusive source of account records, legal documents, tax records, investment documents, or communications.

TO THE FULLEST EXTENT PERMITTED BY LAW, AFT, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, LICENSORS, SERVICE PROVIDERS, AND PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, ENHANCED, OR SIMILAR DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST OPPORTUNITY, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, COST OF SUBSTITUTE SERVICES, DIMINUTION IN VALUE, INVESTMENT LOSSES, MARKET LOSSES, TRADING LOSSES, TAX CONSEQUENCES, OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, AFT WILL NOT BE LIABLE FOR LOSSES, DAMAGES, DELAYS, ERRORS, OR CLAIMS ARISING OUT OF OR RELATING TO:

• banking, custody, brokerage, investment advisory, asset management, insurance, lending, tax, legal, immigration, accounting, or other services provided by Account Providers or other third parties;
• account terms, fees, restrictions, freezes, closures, transaction execution, settlement, account balances, holdings, performance, valuations, statements, confirmations, fund terms, offering documents, investment decisions, or regulatory obligations of Account Providers;
• data, information, content, reports, statements, confirmations, or communications provided by third parties;
• system outages, maintenance, telecommunications failures, internet failures, power failures, cloud-service interruptions, data-provider delays, cyberattacks, malware, unauthorized access, denial-of-service attacks, or other events beyond AFT's reasonable control;
• your device, network, browser, software, credentials, security practices, unauthorized sharing of access, failure to update information, or failure to review official documents;
• errors, omissions, delays, failed uploads, failed downloads, failed notifications, failed alerts, failed instructions, duplicate submissions, or incomplete transmissions;
• compliance reviews, sanctions screening, fraud monitoring, holds, restrictions, delays, or reporting required or permitted by law or policy; or
• force majeure events, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, pandemics, governmental actions, regulatory changes, market disruptions, exchange closures, banking system disruptions, or infrastructure failures.

TO THE FULLEST EXTENT PERMITTED BY LAW, AFT'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE ARKOS PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID DIRECTLY TO AFT FOR USE OF THE ARKOS PLATFORM DURING THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100.00.

Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you to the extent prohibited by law. These limits do not apply to claims governed by the Electronic Fund Transfer Act or Regulation E.

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless AFT, its affiliates, and its and their respective directors, officers, employees, contractors, representatives, agents, licensors, service providers, and partners from and against any claims, demands, actions, proceedings, investigations, losses, damages, liabilities, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys' fees and costs, arising out of or relating to:

• your access to or use of the ARKOS Platform;
• your information, documents, instructions, consents, authorizations, communications, or other submissions;
• your violation of these Terms or any applicable law, rule, regulation, order, account agreement, policy, or third-party right;
• your fraud, negligence, willful misconduct, misrepresentation, unauthorized use, misuse, or failure to safeguard credentials or devices;
• your relationship or dispute with any Account Provider, authorized representative, family member, employer, employee, agent, adviser, beneficiary, beneficial owner, trustee, entity, or other third party;
• your tax, reporting, regulatory, or other obligations;
• any content, data, or materials you upload, submit, transmit, or make available through the ARKOS Platform; or
• any use of the ARKOS Platform by a person who accesses it through your account, credentials, device, authorization, or instructions.

AFT reserves the right to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with AFT's defense.

You may not settle any claim in a manner that imposes liability, obligation, admission, or restriction on AFT without AFT's prior written consent.

These Terms and any dispute or claim arising out of or relating to these Terms or the ARKOS Platform are governed by the laws of the State of Delaware and applicable U.S. federal law, without regard to conflict-of-law principles, except to the extent applicable consumer protection, financial services, privacy, arbitration, or other mandatory law requires application of another jurisdiction's law.

The arbitration agreement in the Customer Support, Complaints, and Disputes section is governed by the Federal Arbitration Act.

For disputes that are not subject to arbitration or that seek injunctive or equitable relief as permitted above, you and AFT consent to the personal jurisdiction and venue of the state and federal courts located in Delaware, unless mandatory law requires a different forum.

Accounts, products, services, transactions, investments, custody, banking, or other matters provided by an Account Provider are governed by the applicable Account Provider's agreements, disclosures, governing-law provisions, and applicable federal, state, foreign, or local law.

In the event of a conflict between these Terms and a mandatory term of an Account Provider agreement or legally required disclosure governing a particular account, product, service, or transaction, the Account Provider agreement or required disclosure controls solely for that account, product, service, or transaction.

If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect, and the invalid, illegal, or unenforceable provision will be enforced to the maximum extent permitted by law or replaced by a valid provision that most closely reflects the original intent.

If an Account Provider agreement, disclosure, fee schedule, privacy notice, cardholder agreement, deposit account agreement, custodial agreement, investment advisory agreement, or other governing document applies to a specific account, product, service, or transaction, that document will govern the applicable account, product, service, or transaction.

These Terms govern only your access to and use of the ARKOS Platform and do not modify the legal rights and obligations established under separate Account Provider agreements.

AFT may update, modify, supplement, or replace these Terms from time to time.

Changes may be made to reflect new or changed features of the ARKOS Platform, legal or regulatory developments, changes in business operations, Account Provider requirements, security needs, risk controls, or other reasons determined by AFT.

AFT will provide notice of material changes as required by applicable law, which may include posting the updated Terms through the ARKOS Platform, sending email or in-app notice, requiring renewed clickwrap consent, or using other reasonable methods.

The updated Terms will be effective when posted or on the effective date stated in the notice, unless applicable law requires otherwise.

Your continued access to or use of the ARKOS Platform after updated Terms become effective constitutes your acceptance of the updated Terms.

If you do not agree to the updated Terms, you must stop using the ARKOS Platform.

AFT may require you to affirmatively accept updated Terms before continuing to use some or all features.

AFT may also change, suspend, discontinue, replace, limit, or modify any feature, content, workflow, support channel, notification, data source, integration, account-viewing functionality, or other part of the ARKOS Platform at any time, with or without notice, subject to applicable law.

For implementation in the ARKOS Platform, AFT may use a short-form consent statement such as: “By tapping Agree, I confirm that I have read and agree to the ARKOS Platform Terms of Service, consent to electronic communications, and understand that ARKOS is a client-facing technology platform operated by Ark Financial Technology Inc. (AFT).” This implementation text is not intended to replace the full Terms.