ARYA GENERAL TERMS AND CONDITIONS OF USE

Last updated on 27 September 2021

These General Terms and Conditions of Use (GTC) govern the way in which the “ARYA” services are made accessible via the aryatrading.com, Arya.xyz website and any other related web and mobile applications.

They apply to all ARYA services: features, applications, services, technologies and software, unless it is expressly specified that separate conditions (and not those contained herein) apply.

By using ARYA, Users agree to be bound by these terms and conditions.

These conditions apply to all visitors and users of our environments, media and services (hereinafter referred to collectively as the “Users”), and constitute the entire agreement between the Users and Greenbull Services FZ LLC.

They replace any previous agreement.

All Users must be over the age of eighteen (18). Persons under the age of eighteen (18) may only access and use ARYA after having obtained the appropriate authorisation from their legal guardian.

Users may only access and use ARYA for strictly personal and non-commercial purposes.

If any part of these GTC is deemed unenforceable, the remaining portion shall remain in full force and effect. If we are unable to enforce any of these Terms and Conditions, this will not be considered a waiver. Any amendment to these Terms and Conditions or any derogation from them must be provided in writing and signed by us.

Users may not transfer their rights or obligations to a third party under these Terms without our consent.

1. General Information

ARYA is operated by Greenbull Services FZ LLC (hereinafter referred to as the “Company”, or “we/us”.

Greenbull FZ LLC is a company registered under number 13322/2018 within the Creative City Media Free Zone in the United Arab Emirates, with registered offices at Fujairah, Creative Tower – P.O Box 4422 FUJAIRAH.

2. Overview of services

ARYA offers technologies and services allowing Users to join and/or create a community and access a variety of financial educational services.

The free products and services are as follows:

ARYA also offers paid services:

3. Access to Services

Access to certain parts of the Services is available free of charge for all Users.

Although we do everything we can to limit the duration of Site unavailability, we may sometimes be required to suspend access to the Site or restrict User access in order to carry out essential maintenance. ARYA shall not be liable to Users if, for any reason, the services are unavailable at any time.

ARYA offers various paid subscriptions allowing Users to access different levels of features not available via the free version.

Each purchased subscription provides Users with a limited, personal, non-transferable, non-sub-licensable, revocable license to access and use specific functionality levels available with that subscription.

If Users purchase a periodic automatic renewal subscription, their account will be continuously invoiced for this subscription until they terminate it in accordance with these GTCs.

After their initial subscription period, and on a new basis after any subsequent subscription period, their subscription will be automatically renewed for an equivalent additional period.

If they do not wish their subscription to be renewed automatically, or if they wish to change or cancel it, they must log in to their account and follow the instructions to cancel or modify their subscription.

ARYA may update subscription rates at any time, at its sole discretion, and may manage, regulate, control, modify or eliminate the service levels associated with each subscription at any time.

Users agree to pay all applicable fees and taxes incurred by them or by any person using an ARYA account registered in their name.

ARYA may amend the prices of the services offered at any time.

Any and all information that Users provide in the context of a purchase or transaction or any other monetary interaction with ARYA must be accurate, complete and up-to-date. They agree to pay the expenses incurred using their credit card, debit card or another payment method used for a purchase or transaction or any other interaction at the prices in effect at the time such expenses are incurred.

They will pay all applicable taxes, if any, relating to these purchases, transactions or other monetary transactions.

4. Warning on risks

ARYA is not authorised or qualified to provide advice, analyses, consultations, recommendations or opinions on investment, regardless of the nature thereof.

Publications, content, comments and messages published on ARYA must not be equated to the above.

ARYA does not guarantee the accuracy of the financial and investment information, statements and/or projections provided, in particular by its Users.

The information provided on ARYA is for educational, informational and community purposes only. ARYA does not represent any offer of services, purchases, sale of securities or other investment offers of any kind whatsoever. ARYA does not offer financial products or services to investors.

The information and content accessible via ARYA should not replace independent, in-depth market research before any investment decision is made.

ARYA does not offer any financial advice and is not intended to be used as a personalised investment recommendation.

No information, content or publication provided by ARYA, relating to a product or investment, should be interpreted as advice, a recommendation, opinion or analysis of the suitability or non-suitability of this product or investment, whether for Users or for any other person.

Users acknowledge that they are not required to rely on information published on ARYA to make an investment decision and must obtain relevant and specific professional advice before making any decision.

ARYA cannot be held liable in the event of loss or damage, including, without limitation, any loss of profit which could result directly or indirectly from use of, or trust placed in, this information.

The content provided on ARYA may not be suitable for all Users. Users shall access information and use it at their own risk.

It is the express responsibility of Users to consult professional financial advisers and to fully understand the nature of any investment and the potential risks relating to them before making any investment decision.

5. Obligations held by Users

All Users declare and guarantee that their access and use of ARYA will comply with these GTCs.

In particular, Users make the following commitments.

5.1. Access to the ARYA account

In order to access ARYA, Users are required to register and provide their information.

ARYA reserves the right to apply eligibility criteria to become a User.

By registering on ARYA, Users agree to:

We are trying to make ARYA widely accessible to all, but its use is not permitted for:

5.2. Publications and sharing of content

ARYA grants Users the opportunity to create, submit, publish, display, transmit, publish, distribute or disseminate content and documents to other Users in public or in private.

ARYA is a space allowing you, therefore, to express and share content related to the financial markets, while remaining respectful of the well-being of other Users, the integrity of the community or the law.

Users of ARYA's services are therefore formally prohibited from publishing and sharing content (or encouraging other Users to publish and share content) which is liable to:

5.3. Use of ARYA

When using ARYA’s services, Users are prohibited from:

5.4. Non-compliance with rules of Use

In the event of non-compliance with these GTCs and the aforementioned Obligations, we reserve the right to remove or block content violating these provisions.

If we delete shared content because it violates our provisions, Users will be informed of this and will be provided with the options available to them to request re-assessment.

Except where Users seriously or repeatedly violate these Terms and Conditions or if where we are rendered liable or a third party is rendered liable, or the community of Users is adversely affected, or Users compromise or alter the integrity or operating of our services, or in the event of technical restrictions or cases where we are prohibited from doing so for legal reasons.

To help us support our community, we encourage our Users to report any content or behaviour that violates their rights or our GTCs.

We may also delete or limit access to User content, our services or user information if we believe that this is reasonably necessary to avoid or mitigate the negative legal or regulatory impact on ARYA.

6. Authorisations given to ARYA

In order to guarantee the services offered, Users grant ARYA the following authorisations.

6.1. Use of created or shared content

Content which is shared or imported, e.g. photos or videos, may be protected by intellectual property rights.

Users hold intellectual property rights (e.g. copyright and registered trademarks) over all content they create or share on ARYA.

No provision under these GTCs deprives them of the rights they have over their own content. They remain free to share their content with any person, wherever they wish.

However, in order for us to provide our services, they must grant us certain legal authorisations to use this content.

This is solely for purposes of providing and improving our services, as described in Section 1 above.

In particular, when they share, publish or import content protected by intellectual property rights on or in connection with our Services, they grant us a non-exclusive, transferable, sub-licensable, free and global authorisation to host, use, distribute, modify, execute, copy, publicly represent or display, translate and create works derived from their content (in accordance with their confidentiality and application settings).

This means, for example, that if they share a photo on ARYA, they authorise us to store, copy and share it with other persons (again, depending on their settings), e.g. service providers supporting our service or other ARYA services which they use. This license ends when their content is removed from our systems.

They are able to delete their content individually or all at once by deleting their account.

When they delete content, this will no longer be visible to other users. However, content may remain elsewhere, in our systems, when:

In this case, the content will not be kept longer than is necessary according to the purposes for which it was kept (the exact duration varies on a case-by-case basis).

In each of the cases mentioned above, the license shall remain effective until the content is deleted in full.

6.2. Use of the name, profile picture and information relating to User actions

Users authorise ARYA to use their name and profile picture and the information relating to the actions they carry out on ARYA following, or in connection with, advertisements, offers and other sponsored content which we display through our services, without paying them any compensation.

For example, we may show other Users that they are interested in a promoted event or that they have shown interest in a page which was created.

Users agree that we may need to change the username for their account in certain circumstances

They will be informed in advance if we have to do so and the reasons will be explained to them.

ARYA reserves the right to delete, request or modify a username only if we determine, at our sole discretion, that this user name is inappropriate, obscene or otherwise inappropriate.

ARYA may collect and process the following information, including, but not limited to:

Refusing to provide certain personal data may mean Users are unable access to certain parts of the Services.

6.3. Software update

Users acknowledge and agree that if they download or use our software, they authorise us to download and install software updates, if any.

7. Intellectual Property

Unless otherwise specified, ARYA shall be the exclusive owner of all intellectual property rights relating to its sites and software including, but not limited to, all source codes, databases, functionalities, website design and applications, audio, text, photographs and graphics and trademarks, service marks and logos contained therein.

If the User uses content protected by intellectual property rights that we own and make available in our services (e.g. images, drawings, videos or sounds that we provide), we retain all rights relating to this content.

Except where expressly provided, no part of the Site and no Content or Trademark may be copied, reproduced, aggregated, republished, downloaded, displayed, publicly displayed, coded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purposes whatsoever, without our explicit prior written consent.

The User may only use our copyright or our trademarks (or any other similar trademark) in expressly authorised cases and after receiving written authorisation from us.

8. Image rights

Users may choose to download an image/photo to their user account, and they guarantee and declare that they have the appropriate permissions to do so.

Any User who attaches an image/photo to his or her account hereby consents to ARYA reproducing, distributing and using this image, without providing any financial compensation, in order for the image/photo to be used and systematically associated with the User's account.

9. Updating our Terms and Conditions

We strive to continually improve our services and develop new features to provide you, as well as our community, with better Services.

We may, therefore, update these Terms and Conditions for them to correctly reflect our services and practices.

We will modify them only in cases where the provisions therein are no longer suitable or where they are incomplete.

Users will be informed at least 30 days prior to the modification of these GTCs.

They will have the opportunity to examine them before they come into force, unless such amendments are required by law.

Once the amended Terms and Conditions are in force, users will be bound by them if they continue to use our Services.

10. Suspension or deletion of an account

We want to make ARYA a warm and secure place where everyone can express themselves and share their content.

If it emerges that a user has clearly, seriously or repeatedly violated our Terms and Conditions or Regulations, including our Community Standards, we may permanently suspend or disable access to their account.

We may also suspend or deactivate his/her account if he or she repeatedly infringes third-party intellectual property rights or where required by law.

If we do so, we will inform them and explain to them the options available to request an assessment, except where this may render us liable or render a third party liable, or harm our community of users, or compromise or alter the integrity or operation of our services, systems or Services, or in the event of technical restrictions, or where prohibited for legal reasons.

Find out more about the arrangements you can make use of if your account has been deactivated and how to contact us if you feel we have deactivated your account in error.

Users may terminate their account at any time by following the instructions available on the site. In the event that a user has subscribed to a paid subscription, the user will be billed for one month’s access to the site.

11. Other products and services

Some of the Products we offer are also governed by additional terms and conditions.

If Users have access to any of these Products or Services, they will have the opportunity to accept additional and specific terms.

12. Limitations of liability

No provisions under these Terms and Conditions are intended to exclude or limit our liability in the event of death, physical injury or an erroneous statement due to our negligence, nor are they intended to infringe your legal rights.

We will exercise professional diligence to provide you with our Services and maintain a safe and error-free environment. Provided that we have acted with professional diligence, we accept no liability in the event of losses not due to our violation of these GTCs or any other action on our part; reasonably unforeseeable losses by Users or by us when entering into these GTCs; and events outside our reasonable control.

13. Disputes

We try to provide clear rules so that we can limit or, ideally, avoid disputes between Users and us.

If a dispute arises, however, it is useful to know in advance where it can be resolved and what laws will apply.

If the User is a consumer and usually resides in a Member State of the European Union, the laws of that Member State shall apply to any claim, any cause of action or any dispute against us, arising from these GTCs or ARYA’s Services, or in connection with them (“claim”), and the User may resolve their claim before any court of that Member State which is competent to rule on the claim.

In all other cases, Users agree that the claim must be resolved before a competent court of the United Arab Emirates and that the law of this country will govern these GTCs and all claims, regardless of provisions concerning the conflict of laws.

ARYA COMMUNITY STANDARDS

ARYA is intended first and foremost to be a space conducive to communication and we take our role to prevent abuse of our Services very seriously.

For this reason, we have implemented the ARYA Community Standards, defining what is authorised or not authorised on ARYA.

Our objective is to allow Users to find in ARYA a place of expression allowing them to share diverse points of view, experiences and information, and in which each person can openly express their point of view, even if they disagree with others.

Freedom of expression is fundamental on ARYA. However, we are aware that such a space of communication may be a source of abuse.

We may therefore be required to limit freedom of expression. Where this is the case, we will always do this in accordance with the values we consider essential:

Our Community Standards apply to all, everywhere in the world, and to all types of content. These have been designed to be exhaustive. For example, content which would not be considered hateful could still be deleted because it violates another policy. We know that words have different meanings and do not affect everyone in the same way according to their local community, their language and their origins. We make every effort to address such nuances while applying our policies fairly and consistently for each user and for their freedom of expression. Our applying these standards is based on the information we have. In some cases, this means that we may not detect content and behaviour in violation of these standards, and in other cases, their application may be limited to the circumstances in which we came to know of this context and additional information.

It is possible to report potentially infringing content, including Pages, Groups, Profiles, individual content or comments. We also help Users to control their own experience by allowing them to block, unsubscribe or hide people and posts.

Violation of our Community Standards gives rise to a series of consequences which shall vary according to the severity of the violation and the person’s history on the platform. We may, for example, warn a person in the case of a first offence, but if this person continues to breach our regulations, we may limit their ability to publish content on ARYA or we may deactivate their profile. Where we believe that content represents a real risk of physical harm or a direct attack on public safety, we may also inform the authorities.

Our Community Standards define what is authorised or not authorised on ARYA. It is in this spirit that we ask that members of the community follow these rules.

1. Financial and investment advice

ARYA is a platform that facilitates the creation of a community and the sharing of information, in particular information on investment and financial markets topics.

Our Services are aimed at all audiences, including persons who are not qualified and investment professionals.

ARYA is not intended to be used as a source of personalised investment recommendations. Users are therefore not authorised to publish content which may be construed as advice, analyses, consultations, recommendations or opinions on investment, whatever the nature thereof, by presenting themselves as persons qualified or authorised to do so.

We are aware that our Users’ aim is to benefit from information relating to these areas and in order not to distort ARYA’s purpose, we authorise them to publish content relating to investments and/or financial markets, insofar as this is for educational, informational and community purposes.

Content accessible via ARYA should not replace any independent, in-depth market research before any investment decision is made.

2. Violence and criminal behaviour

2.1. Violence and provocation

We wish to prevent any risk of offline danger potentially related to content on ARYA.

Although it is common for users to express their disdain or disagreement in the form of threats or calls to violence, albeit in a non-serious manner, we delete words that encourage or allow for serious violence.

When we believe that content represents a real risk of physical harm or a direct attack on public safety, we delete the content, deactivate the accounts concerned and collaborate with the authorities.

We also attempt to examine the language used and its context to distinguish trivial statements from those representing a real threat to public safety or to an individual’s safety.

To determine a threat’s credibility, we may examine other information, e.g. the degree of public exposure of an individual and risks to their physical safety.

2.2. Dangerous individuals or organisations

In order to avoid and prevent any real danger, organisations or individuals claiming to have violent objectives or who are involved in violent activity are not welcome on ARYA. This includes organisations and individuals involved in the following activities:

2.3. Promoting criminal activity

In order to prevent offline harm and identity theft, we prohibit the facilitating, organising, promoting or admission of certain criminal activity aimed at persons, companies, property or animals. We authorise persons to debate and plead in favour of the legality of certain criminal and deleterious activity as well as to point to criminal activity which they may have witnessed or been victims of, provided they do not defend or organise harmful activity.

2.4. Regulated goods

In order to encourage safety and compliance with general legal restrictions, we prohibit any attempt by individuals, producers or traders to purchase, sell or exchange non-therapeutic substances, drugs and marijuana. We also prohibit the purchasing, sale, donation, exchange and transfer of firearms, including firearms and ammunition, between individuals, on ARYA. Some of these items are not regulated everywhere; however, due to the borderless nature of our community, we attempt to apply our regulations as consistently as possible.

2.5. Fraud and deception

In order to prevent fraudulent activity which may harm individuals or companies, we delete content which is misleading or presents false information voluntarily or fraudulently or exploits third parties for money or property. This includes content seeking to coordinate or promote such activity using our services.

We authorise persons to raise awareness on these topics, while condemning these activities.

3. Security

3.1. Harassment and intimidation

Harassment and intimidation occur in various places and in different forms, whether this involves the threat of dissemination of identifiable personal information, sending threatening messages or malicious unwanted contact. We do not tolerate this type of behaviour, because it prevents people from feeling respected and safe on ARYA.

We distinguish between public personalities and private individuals, because our platform advocates exchange; this often entails critical comments about individuals who attract the attention of the media or the general public. Regarding public personalities, we delete serious attacks and certain attacks directly identifying the public personality in a publication or comment. As concerns private individuals, the protection we provide is broader: we remove content intended to belittle a person or cover him/her with shame, and, in particular, statements relating to a person’s sexual activities. We recognise that bullying and harassment can have more serious emotional repercussions for minors. For this reason, our policies offer greater protection for users aged 13 to 18.

Context and intent are important; we authorise people to publish and share posts if the content clearly seeks to condemn bullying and harassment or to draw attention to such behaviour. In some cases, we ask that the targeted person report the harassment themselves, as this allows us to know that they feel intimidated and harassed.

3.2. Violation of privacy and right to image confidentiality

At ARYA, we are deeply committed to confidentiality and to protecting our users' personal information. We work hard to protect their identity and personal information and we do not authorise individuals to publish personal or confidential information about them or about third parties.

We delete any content sharing, offering or soliciting personally-identifiable information or other private information which could cause physical or financial harm, including financial, residential and medical information, as well as information obtained from illegal sources.

We also grant our users the opportunity to report any image which according to them violates their privacy rights.

4. Reprehensible content

4.1. Speech inciting hatred

We believe that people express themselves and interact more freely when they do not feel attacked on the basis of who they are. For this reason, we prohibit any type of hate speech on ARYA. This creates an intimidating and exclusionary environment and may, in some cases, encourage offline violence.

We define hate speech as a direct attack against people based on what we call protected characteristics: ethnic origin, national origin, disability, religion, caste, sexual orientation, sex, gender identity, and serious illness. We define an attack as violent or dehumanising speech, offensive stereotypes, an assertion of inferiority, expression of contempt, disgust or dismissal, insult or a call for exclusion or segregation. We consider age to be a protected characteristic when it is mentioned in parallel with another protected characteristic. We also protect refugees, migrants, immigrants and asylum seekers from the most serious attacks, although we allow comments on and criticism of immigration policies. Similarly, we protect certain characteristics, e.g. profession, where this is mentioned in parallel with a protected characteristic.

We recognise that users sometimes share content including someone else’s hate speech, to condemn or educate others about it. In other cases, statements which could violate our Standards may be used in a self-referenced or empowering manner.

4.2. Violent and explicit content

We remove any content glorifying violence, or advocating the suffering or humiliation of others, as this is likely to create an environment not conducive to participation. We authorise explicit content (with certain restrictions) to help individuals raise awareness in their communities on various issues. We recognise that people appreciate being able to discuss important topics such as human rights violations or acts of terrorism. We also know that not all people express the same sensitivity towards violent and explicit content.

4.3. Nudity and sexual activity involving adults

We limit the display of nudity scenes and sexual activity, as some individuals in our community may be sensitive to this type of content. In addition, by default, we delete images of a sexual nature to prevent the sharing of content showing non-consensual acts or showing minors. Restrictions on the displaying of sexual activity also apply to digitally-created content, unless such content is published for educational, humorous or satirical purposes.

4.4. Sexual solicitation

We set restrictions where content allows, encourages, or coordinates sexual meetings or commercial sexual services between adults, e.g. prostitution or escort services. In so doing, we avoid promoting transactions which may involve sexual acts in the context of trafficking, under constraint and which are non-consensual. We also limit sexually explicit language which may lead to solicitation, as some groups within our global community may be sensitive to this type of content or it may have a direct impact on their ability to communicate with friends and the community in general.

4.5. Cruel and rude words

We believe that people share and communicate more freely when they do not feel targeted based on what makes them vulnerable. Consequently, we have higher expectations regarding content which we qualify as cruel and insensitive, which we define as content targeting the victims of serious physical or emotional harm.

We remove all explicit attempts to mock victims.

5. Integrity and authenticity

5.1. Account integrity and authentic identity

Authenticity is the cornerstone of our community. We believe that authenticity contributes to creating a community in which people are accountable to each other and to ARYA. Our wish is to take into account the diverse means of expressing identity in our global community, while preventing identity theft and false information about identity. For this reason, we ask that individuals log onto ARYA using their name used on a daily basis. Our rules of authenticity are aimed at creating a safe environment in which people may trust each other and hold each other accountable.

In order to maintain a safe environment and strengthen freedom of expression, we also remove accounts that are harmful to the community, including those compromising the security of other accounts and compromising our services.

As deleting an account is a severe and harsh course of action, we wish, whenever possible, to give our community the opportunity to learn our rules and abide by our Community Standards. Sanctions, including account deactivations, are designed to be proportional to the severity of the violation and to the risk of damage to the community. Ongoing breaches in spite of repeated warnings and restrictions, or breaches presenting a significant security risk, will result in deactivation of an account.

5.2. Undesirable content

We work intensively to limit the dissemination of spam, because we do not wish to authorise content aimed at deceiving or trying to mislead users for the sake of greater visibility. This content creates a negative experience, reduces users’ chances of automatically becoming involved in online communities and can threaten the safety, stability and usage of our services. We also intend to prevent abuse of our platforms, products or features for the purpose of increasing visibility or disseminating content in bulk for the sake of commercial benefit.

5.3. Cybersecurity

We acknowledge that the security of our users includes the security of their personal information, their accounts and our services. Attempts to gather sensitive personal information through misleading or invasive methods cause harm to the authentic, open and secure atmosphere encouraged by us, and may be used to compromise user accounts as well as our services. Therefore, we do not allow attempts to gather sensitive user information through the misuse of our platform and products.

5.4. Misleading behaviour

As part of our commitment to authenticity, we do not allow individuals to lie about their identity on ARYA, use false accounts, artificially increase the popularity of their content, or adopt behaviour aimed at enabling other violations under our Community Standards. The purpose of this policy is to protect the security of account users and that of our services and to create a space in which people can trust others and the communities with which they interact.

5.5. False information

Limiting the dissemination of false information on ARYA is a responsibility we take very seriously. We also recognise that this is a challenging and sensitive matter. We want people to stay informed without productive public debates being stifled. In addition, false information and satire or personal opinions are just one step away from each other. For these reasons, we significantly limit the dissemination of such information.

5.6. Distorted media

The media, including images, audio tracks or videos may be modified in different ways. In many cases, these changes are insignificant, e.g. a filter on a photo. In other cases, the distortion is not visible and may be deceptive, especially in the case of video content. We intend to remove this category of distorted media when the aforementioned criteria are met.

6. Respect for intellectual property

At ARYA, we take intellectual property rights very seriously and are convinced that they play an important role in promoting expression, creativity and innovation within our community. The content and information that users publish on ARYA belong to them, and they control how they share their content through privacy settings and applications. However, before sharing content on ARYA, you must ensure that you have the right to.

We require Users to respect the copyright of others, as well as trademarks and any other rights recognised by law. We are committed to helping people and companies promote and protect their intellectual property rights. ARYA’s terms and conditions of use do not authorise the publishing of content infringing the intellectual property rights held by others, including copyright and trademarks.

7. Decisions and requests relating to content

7.1. User requests

We accept:

7.2. Additional protection for minors

We process: