Artoh Terms of Service

1.1 Artoh operates as a B2B cross-border payment platform, enabling businesses to initiate payments in local currency that are processed through our Local Partners and delivered as fiat USD to recipients. We utilize stablecoins solely as a backend mechanism to provide liquidity, particularly in countries with low USD reserves, ensuring efficient and cost-effective transactions. Businesses can open an account through Artoh (an "Artoh Account"), which integrates with our Local Partners' payment infrastructure to facilitate these services. Neither you nor your recipients interact with stablecoins directly, as all such operations are managed exclusively by Artoh and our Local Partners behind the scenes.

1.2 To be eligible to apply for and use an Artoh Account, you must: (a) be a registered business entity or an authorized representative of a business who is at least 18 years old; (b) have the legal capacity to agree to these terms; and (c) be engaged in commercial activities requiring cross-border payment solutions. If you are opening an Artoh Account on behalf of a business (a "Business User"), you promise us that: (i) you are authorized by the Business User to open an Artoh Account and enter into this agreement; (ii) you are an executive officer of the Business User or hold a position that permits you to make significant decisions for the Business User; and (iii) the Business User will use the Artoh Services solely for legitimate commercial purposes related to cross-border payments. The Artoh Services are not available for personal, consumer, or household use.

1.3 We cannot provide an Artoh Account to you if your business is incorporated, operates, or conducts transactions in a U.S. state or country where we or our Local Partners do not provide the Artoh Services ("Restricted Locations"). We may add or remove Restricted Locations from the list at any time without notifying you. We also comply with all U.S. sanctions laws, including those enforced by the U.S. Office of Foreign Assets Control (OFAC), and are unable to provide Artoh Services to you if your business is located in a sanctioned country or if you, your business, or any associated parties are listed as prohibited entities by the U.S. government.

1.4 We require certain business and personal data from you to verify your identity and eligibility, process your Artoh Account application, and provide the Artoh Services in compliance with applicable laws. This data may include your business name, address, tax identification number, ownership structure, the name, email address, phone number, date of birth, and government-issued identification of authorized representatives, as well as the intended purpose of your transactions and the source of funds used for payments. We may collect this information directly from you or, with your permission, from our Local Partners. We may retain records of this data as required by our Local Partners or applicable law. All information you provide must be accurate, complete, and up to date at all times.

1.5 You can access your Artoh Account using your login credentials ("Login Credentials"). While we may assist with account security measures, you are primarily responsible for safeguarding your Login Credentials and monitoring account activity for unauthorized access or suspicious behavior. Artoh will not be liable for any unauthorized access or use of your Login Credentials unless such access results directly from our gross negligence or willful misconduct. In case of suspected unauthorized access, please contact us immediately at support@artoh.com for assistance.

1.6 NEITHER WE NOR OUR LOCAL PARTNERS ARE LIABLE FOR ANY UNAUTHORIZED ACCESS OR ACTIVITY IN YOUR ARTOH ACCOUNT, EXCEPT AS PROVIDED IN SECTION 7.5. We will treat any unauthorized access or activity as potentially fraudulent, and you must notify us within 24 hours if you become aware of or suspect such activity. Upon notification, we may temporarily restrict access to your Artoh Account, suspend any pending transactions, require you to update your Login Credentials, and take other reasonable steps to secure your account. You must also: (a) promptly report any potentially fraudulent activity to applicable legal authorities; (b) provide us with a copy of any report prepared by such authorities; (c) cooperate fully with us, our Local Partners, and legal authorities in any investigation; (d) complete any required affidavits promptly, accurately, and thoroughly; and (e) allow Artoh, our Local Partners, or a designated third party access to your systems or devices if relevant to the investigation.

2.1 When you submit a request for a cross-border payment ("Transaction") through your Artoh Account, you are authorizing us and our Local Partners to process that Transaction on your behalf. To initiate a Transaction, you must first request a payment quote ("Quote") specifying the amount in local currency and the recipient's details. We will provide a Quote that includes the total cost, incorporating the exchange rate sourced from our liquidity partners and any applicable fees. Each Quote is valid only for a limited time due to market volatility, and you must accept the Quote within that period to proceed. Upon acceptance, you will transfer the specified local currency amount to the account designated by our Local Partner, and we will arrange for the delivery of fiat USD to the recipient's designated account.

2.2 To process Transactions, you must ensure that sufficient funds in local currency are transferred to the account specified by our Local Partner in a timely manner. You acknowledge that Artoh does not directly receive or hold your funds; instead, our Local Partners manage the receipt of local currency and convert it into stablecoins as a backend liquidity mechanism. Neither you nor your recipients will interact with or receive stablecoins, as this process occurs solely between Artoh and our Local Partners. We reserve the right to suspend or reject Transactions if we suspect delays, errors, or discrepancies in the local currency transfer process, or if the transfer originates from an account not under your sole ownership or control. You authorize us to share Transaction-related data with our Local Partners to facilitate processing and compliance.

2.3 As part of our legal compliance program ("AML/CTF Compliance Program"), we and our Local Partners will monitor Transaction activity and review your business data on an ongoing basis to prevent financial crimes, pursuant to applicable laws and the policies of our Local Partners. This includes verifying the legitimacy of the source of funds and ensuring compliance with U.S. sanctions and anti-money laundering regulations. You agree to provide additional documentation or information upon request to support these efforts.

2.4 You are solely responsible for monitoring your Transaction history and ensuring the accuracy of recipient details provided in each Quote acceptance. We are not liable for losses due to errors in recipient information or delays in local currency transfers to our Local Partners, unless such losses result from our gross negligence. To protect your Artoh Account and Transactions from unauthorized activity, you must: (a) review your Transaction history regularly via your Artoh Account; (b) immediately review Transaction confirmations and notices we send you through your Artoh Account or to the email address associated with your account; (c) verify receipt of Transaction confirmations; and (d) notify us within 24 hours at support@artoh.com if you do not receive a confirmation or suspect any issues with a Transaction.

3.1 You may close your Artoh Account at any time by providing us with 30 days' written notice, unless we or our Local Partners suspect that you are closing your account to evade law enforcement, regulatory scrutiny, or an ongoing investigation related to your use of the Artoh Services. Closing your Artoh Account will not affect any rights we owe to you or obligations you have to us that accrued prior to closure. If there are any active Transactions at the time of your closure request, we will work with our Local Partners to complete those Transactions by transferring the agreed-upon fiat USD amounts to the designated recipient accounts before finalizing the closure of your Artoh Account, provided no legal or compliance issues prevent such completion.

3.2 We reserve the right to immediately reject, suspend, or terminate Transactions, your Artoh Account, or any related activities, and to instruct our Local Partners to freeze any funds in their possession without prior notice if: (a) we suspect you have violated these terms, our AML/CTF Compliance Program, or any applicable laws or regulations; (b) we are required to do so by applicable law, a Local Partner, or any valid order from law enforcement or regulatory authorities; (c) we or our Local Partners detect suspicious or unauthorized activity or any actual or attempted unauthorized access to your Artoh Account or Login Credentials; (d) your business no longer operates in a jurisdiction where we or our Local Partners are authorized to provide the Artoh Services; (e) a Local Partner terminates its relationship with us or suspends its services affecting your Transactions; or (f) you have not initiated any Transactions or accessed your Artoh Account for a period exceeding 12 months. We will notify you of any suspension or termination through your Artoh Account or via email to the address associated with your account, unless prohibited by law or legal order.

3.3 In the event of suspension or termination, we and our Local Partners may retain records of your account activity, Transaction history, and any provided business data as required by applicable law or our compliance policies. You remain responsible for any obligations, including fees or liabilities, incurred prior to termination. Neither Artoh nor our Local Partners will be liable for any losses you incur as a result of suspension or termination exercised in accordance with this Section 3, except to the extent such losses are solely attributable to our gross negligence or intentional misconduct as determined by a court of competent jurisdiction.

4.1 You agree to pay all Artoh Service fees as disclosed to you prior to accepting a Quote. Fees may include transaction processing fees, currency conversion markups, and other service charges as specified in your Quote. All fees are inclusive of any applicable taxes unless otherwise stated. Fees are subject to change at any time upon notice to you, and we will provide updated pricing information when you request a new Quote.

4.2 Exchange rates provided in Quotes are indicative and may fluctuate based on market conditions. If a Quote is not accepted within its validity period, you may request a new Quote with updated pricing. Artoh is not responsible for market-related losses or changes in exchange rates between Quote request and Quote acceptance.

4.3 You authorize Artoh to deduct all applicable fees from your local currency payment before funds are transferred to our Local Partners. If any payment you make is insufficient to cover the full transaction amount and fees, we reserve the right to adjust the USD amount delivered to the recipient accordingly, or to reject the Transaction entirely.

5.1 You represent and warrant that: (a) you and your business are in compliance with all applicable laws and regulations in your jurisdictions; (b) all funds you use for Transactions originate from legitimate business sources and are not derived from illegal activities; (c) you are not engaged in or associated with money laundering, terrorist financing, sanctions evasion, or any other illegal financial activity; and (d) you will not use the Artoh Services to facilitate any illegal transactions or circumvent any applicable laws or regulations.

5.2 You agree to comply with all applicable anti-money laundering (AML), counter-terrorism financing (CTF), and sanctions laws, including but not limited to U.S. laws and those enforced by OFAC. You further agree to maintain records of all Transactions and to provide such records to Artoh or our Local Partners upon request to demonstrate compliance with these obligations.

5.3 Artoh and our Local Partners are required by law to perform ongoing customer due diligence and to report suspicious transactions to relevant authorities. You acknowledge that we may be required to disclose information about you, your business, or your Transactions to regulators, law enforcement, or other governmental agencies, and you waive any confidentiality rights with respect to such disclosures.

5.4 If you are a U.S. person (as defined by applicable law), you are required to report any foreign financial accounts and transactions to the U.S. Internal Revenue Service (IRS) and the Financial Crimes Enforcement Network (FinCEN) as required by law, including but not limited to FBAR (Foreign Bank Account Report) and FATCA (Foreign Account Tax Compliance Act) filing requirements.

6.1 You are responsible for maintaining accurate and up-to-date information in your Artoh Account. You must immediately notify us of any changes to your business information, authorized representatives, business address, or any other details that may affect your eligibility to use the Artoh Services.

6.2 You assume all risk associated with the use of the Artoh Services, including risks related to market volatility, currency fluctuations, and third-party performance. You acknowledge that cross-border payments involve inherent risks, and you accept these risks as a condition of using our Services.

6.3 You agree not to use the Artoh Services in any manner that violates these terms, applicable laws, or the rights of third parties. Prohibited uses include but are not limited to: (a) facilitating illegal activities; (b) evading taxes or sanctions; (c) circumventing AML/CTF laws; (d) using false or misleading information; (e) attempting to gain unauthorized access to systems; and (f) engaging in fraudulent or deceptive practices.