Terms & conditions
Last updated: May 24, 2026
Last Updated: May 24, 2026
Effective Date: May 24, 2026
CRITICAL WARNING, ACKNOWLEDGMENT OF FINANCIAL RISK, AND MANDATORY ARBITRATION NOTICE
PLEASE READ THESE TERMS AND CONDITIONS ("TERMS") WITH EXTREME CARE. THIS DOCUMENT IS A LEGALLY BINDING CONTRACT ENFORCEABLE AGAINST YOU BY PANDA APP AND ITS CORPORATE AFFILIATES. BY DOWNLOADING, INSTALLING, REGISTERING AN ACCOUNT WITH, INTERFACING WITH, OR EXECUTING TRANSACTIONS THROUGH THE PANDA PLATFORM, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD, AND VOLUNTARILY ACCEPTED EACH AND EVERY CLAUSE CONTAINED HEREIN.
THESE TERMS CONTAIN AN ABSOLUTE DISMISSAL OF CLASS ACTION LITIGATION, A COMPLETE WAIVER OF JURY TRIALS, AND A MANDATORY INDIVIDUAL BINDING ARBITRATION FRAMEWORK (SECTION 19). IN THE EVENT OF ANY JURIDICAL OR TRANSACTIONAL DISPUTE, YOU FOREGO YOUR RIGHT TO FILE A LAWSUIT IN A COURT OF LAW AND AGREE TO RESOLVE ALL DISPUTES VIA CLOSED-DOOR ARBITRATION. Furthermore, these Terms feature sweeping limitations of corporate liability, comprehensive user indemnification structures, and total operational disclaimers regarding the volatile, high-risk nature of cryptocurrency assets, virtual cards, decentralized prediction markets, and peer-to-peer transactional matching.
IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU DO NOT HAVE PERMISSION TO UTILIZE THE PLATFORM. YOU MUST INSTANTLY CEASE ALL USE, DELETE THE PANDA MOBILE APPLICATION FROM YOUR SYSTEM DEPLOYMENTS, AND ABANDON ALL ASSOCIATED WEBSITES OR SERVICES.
1. DEFINITIONS AND CONTRACTUAL SCOPE
1.1 Specified Definitions
-
"Panda", "We", "Us", "Our", and "The Company" shall mean the corporate entity Arc and Edge LLC, its parent holding configurations, subsidiaries, sister operations, directors, officers, legal assignees, and technical engineering contractors.
-
"User", "You", and "Your" shall refer to any individual consumer, commercial enterprise, institutional legal entity, developer, or automated technical script interfacing with the platform.
-
"Panda Platform" encompasses the Panda iOS mobile application, the Panda Android mobile application, the desktop Web3 portals, localized Application Programming Interfaces (APIs), core software utilities, and digital infrastructures deployed by Us.
-
"Digital Assets" references cryptocurrencies, stablecoins, non-fungible tokens (NFTs), network utility tokens, cryptographic private/public key pairs, and related decentralized smart contract protocols.
-
"Fiat Currency" means sovereign legal tender issued by central banks (e.g., USD, EUR, GBP, fiat fractional denominations).
1.2 Binding Multi-Module Scope
The Panda Platform acts as a highly interconnected, modular financial and cryptographic architecture. These Terms aggressively govern your behavior across every sub-module of the system. You explicitly agree that your non-compliance or breach within one specific sub-module (e.g., executing fraudulent activity via the Virtual Cards mechanism) gives Panda the automatic, unreviewable contractual right to freeze or liquidate your positions and accounts across all other sub-modules (e.g., your P2P balance or Bamboo Prediction Market deposits) without prior warning or corporate liability.
2. ELIGIBILITY, GLOBAL COMPLIANCE, AND SANCTIONS SANITATION
2.1 Statutory Age and Competence
You represent, warrant, and covenant that you possess the full cognitive, physical, and legal capacity to enter into binding agreements. You must be at least eighteen (18) years of age, or the legal age of financial maturity within your specific domestic jurisdiction, whichever is older. If you register an account on behalf of a corporate legal entity, you explicitly warrant that you possess valid corporate board resolutions giving you express authorization to bind said entity to these Terms.
2.2 Jurisdictional Sanctions Warranties and Geo-Blocking
The Company does not operate its services within restricted or high-risk jurisdictions. By registering an account, you represent, warrant, and certify under penalty of perjury that you are not:
-
A citizen of, resident of, or physically located within a region subject to comprehensive trade or financial embargoes enforced by the United States Office of Foreign Assets Control (OFAC), the United Nations Security Council (UNSC), the European Union (EU), or His Majesty's Treasury (HMT) of the United Kingdom.
-
Formally designated on any global restriction lists, including but not limited to the Specially Designated Nationals and Blocked Persons (SDN) List, the Denied Persons List, or the Unverified List.
2.3 Proactive Geo-Fencing Rights
Panda utilizes active network surveillance, IP verification, and device-level geo-fencing infrastructure to block restricted zones. You agree that any attempt to bypass these restrictions via Virtual Private Networks (VPNs), onion routing, proxy servers, or cryptographic spoofing layers is a direct and material breach of this contract. Such attempts will result in the immediate and permanent forfeiture of any funds, assets, or balances locked inside your platform account.
3. USER ACCOUNT SECURITY, ENCLAVES, AND PRIVACY CREDENTIAL RESPONSIBILITY
3.1 Account Creation Integrity
To access the platform's features, you must establish an authenticated user account ("Panda Account"). You agree to provide current, exhaustively accurate, and verifiable info during onboarding. You are strictly prohibited from maintaining multiple accounts, sharing accounts with third parties, or renting access to your verified environment.
3.2 Private Keys and Seed Phrase Disclaimers (Non-Custodial Components)
To the extent that the Panda Platform deploys decentralized, non-custodial software mechanisms:
-
Absolute User Ownership: You acknowledge that Panda does not maintain visibility over, nor possess copies of, your unique seed phrases, private cryptographic keys, or passphrase formulations.
-
Zero Recovery Systems: In the event that you lose, forget, misplace, or compromise your device, seed phrase, or keys, you explicitly agree that Panda possesses zero technical capability to recover your account or restore your access. Any Digital Assets stored within that non-custodial module will be rendered permanently inaccessible. You release Panda from any and all liability regarding asset loss resulting from your negligent key management.
3.3 Custodial Infrastructure and Biometric Integration
To the extent that Panda provides custodial digital wallets, your system access is protected by device-level biometric hashes (e.g., Apple FaceID, Android TouchID) and multi-factor authentication (MFA). You agree that Panda is entitled to treat any instruction received from your account authenticated via these protocols as your absolute, final, and authorized signature. You bear full financial responsibility for transactions executed by minors, family members, or unauthorized third parties who gain access to your physical devices.
4. WALLET SERVICES AND DIGITAL ASSET TRANSACTION MECHANICS
4.1 Asset Volatility and Market Disconnects
You acknowledge that Digital Assets are subject to extreme market fluctuations, regulatory shifts, liquidity crunches, and technical vulnerabilities. Panda is not a financial advisor, broker, or fiduciary. No visual readout, chart, percentage tracker, or data visualization display inside the app shall be construed as professional investment advice.
4.2 Absolute Finality of Blockchain Networks
You explicitly understand that all transactions executed on distributed ledger networks (such as Bitcoin, Ethereum, Solana, or Layer-2 configurations) are wholly irreversible, immutable, and permanent. Once a transaction hash is generated and broadcast via your interaction with the Panda Platform, the network operates independently of Us.
-
Address Entry Risk: If you send Digital Assets to an incorrect public wallet address, a non-supported blockchain configuration, or an unverified destination contract, those assets are lost forever. Panda is under no legal or operational obligation to trace, recover, roll back, or compensate you for erroneous transfers.
4.3 Network Fees ("Gas") and Slashing Risks
Transactions on public blockchains require payment of network processing fees, commonly referred to as "Gas" or transaction fees. These fees are determined entirely by the consensus mechanics of the respective decentralized network, not by Panda. You agree that Panda may automatically deduct appropriate network fees from your balances to cover transaction execution. Panda is not liable for transaction failures, delays, or timeouts caused by network congestion or insufficient gas limits specified by you.
5. PEER-TO-PEER (P2P) TRADING MODULE REGULATIONS AND ESCROW PROTECTION CONTRACT
5.1 Platform Status as Independent Matching Interface
The Panda P2P trading interface functions exclusively as a communication framework and software escrow module designed to connect independent buyers and sellers of Fiat Currencies and Digital Assets.
-
Non-Counterparty Status: Panda is not a counterparty to any P2P trade. We do not sell you the digital asset, nor do we purchase your fiat currency. All contract formations, promises, risk obligations, and transactional terms occur strictly and uniquely between the matching users.
-
No Dealer Status: Panda does not function as a currency exchange dealer, broker, or financial intermediary in P2P arrangements.
5.2 Escrow Mechanics and User Verification Duties
When a P2P trade is initiated, the corresponding Digital Assets are temporarily restricted within Panda’s smart escrow container.
-
Seller Obligations: If you are the seller, you strictly agree NOT to release the escrowed assets until you have independently logged into your personal banking system or payment gateway and definitively verified that the matching fiat funds have cleared and are fully settled in your account. Panda accepts zero liability if you prematurely hit the "Confirm Payment Received" button based on fraudulent payment receipts, photoshopped screenshots, or malicious promises made by the buyer in the P2P chat channel.
-
Buyer Obligations: If you are the buyer, you warrant that the fiat funds you transfer are clean, unencumbered, derived from legitimate sources, and originated from a banking institution matching the verified legal name on your Panda Profile. Third-party bank transfers are explicitly banned on our P2P system.
5.3 Unappealable Dispute Arbitration Clause
If a dispute occurs during a P2P trade (e.g., the buyer claims payment was sent, but the seller claims it was never received), either party may trigger the Dispute Resolution protocol.
-
You agree to submit exhaustive, clear, unedited documentation, video logs of your bank account, and statements within the specified timeframe.
-
Our customer service representatives and automated settlement modules will evaluate the evidence.
-
You explicitly grant Panda the absolute, final, unreviewable, and binding authorization to release the escrowed digital assets to the party we determine to be the lawful owner based on our sole discretion.
-
You completely waive any right to bring claims, cross-complaints, or legal actions against Panda, its agents, or the matching user following our final administrative dispute resolution.
6. BAMBOO PREDICTION MARKET ARCHITECTURE AND SETTLEMENT MANDATES
6.1 Regulatory Disclaimers and User Compliance Warrants
The Bamboo Prediction Market allows users to allocate Digital Assets to specific forecast positions regarding real-world events, sports outcomes, geopolitical scenarios, economic data releases, and technical asset prices.
-
Gaming and Derivatives Laws: You acknowledge that participation in forecasting or prediction markets may be highly restricted, regulated, or outright illegal under your local domestic laws (e.g., commodities regulations, betting laws). You assume all risk of legal exposure and warrant that your prediction positions comply with your local legal frameworks.
-
No Advisory Standing: The listing of a prediction category on the Bamboo platform does not mean Panda endorses that category, verifies its moral alignment, or provides an opinion on the probability of its outcome.
6.2 Data Oracles and Settlement Finality
The Bamboo Prediction Market settles its contracts using data feeds retrieved from third-party decentralized oracles, public information APIs, or specified consensus nodes ("Oracles").
-
Oracle Immutability: Once an Oracle reports the final data outcome of an event, the market resolves automatically. Panda is not responsible for inaccurate, corrupted, delayed, or manipulated data broadcasts supplied by external Oracles.
-
Manifest Errors and Voiding Protocols: Notwithstanding the foregoing, Panda reserves the absolute, unilateral right to cancel markets, freeze asset allocations, or reset resolution metrics if we determine, in our sole discretion, that a prediction market was subject to:
-
Malicious smart contract exploits, loops, or system hacks.
-
Direct market manipulation (e.g., an individual intentionally manipulating low-volume data sources to trigger an unnatural oracle response).
-
Manifest ambiguity in the event outcome wording (e.g., an event canceled, postponed indefinitely, or altered in format).
-
-
Payout Reductions: In the event that a market is voided or canceled, you agree that Panda’s sole liability is to return your original principal collateral position, minus network processing fees. You possess no claim to speculative or unrealized wins or profits from canceled forecasting environments.
7. VIRTUAL CARD PROVISIONS, CARD NETWORKS, AND FINTECH RAILS
7.1 Multi-Layered Contractual Relationships
Panda offers integration with virtual debit/prepaid payment cards ("Virtual Cards"). You acknowledge that these Virtual Cards are manufactured, issued, settled, and authorized through multi-tiered partnerships consisting of licensed financial institutions, payment gateways, program managers, and international card schemes (such as Visa Inc. or Mastercard International Incorporated). Your use of the Virtual Cards is conditionally bound by these Terms and the separate Cardholder Agreement provided by the respective issuing bank.
7.2 Funding, Conversion Spreads, and Fee Calculations
When you load fiat or digital assets onto a Virtual Card, Panda or its partners may execute real-time conversions from Digital Assets to Fiat Currencies.
-
Conversion Spread: You agree that Panda is entitled to establish conversion exchange rates that include a spread favoring the Company to cover liquidity volatility and operational costs.
-
Automatic Fee Extraction: Card maintenance fees, foreign transaction charges, ATM processing fees, or decline penalties will be extracted automatically from your card balance as defined in our app's transparent fee matrix.
7.3 Freezes, Reversals, and Chargeback Prevention
-
Fraud Prevention Sweeps: Panda and its banking partners execute constant automated screening for transaction fraud. We reserve the absolute right to freeze your Virtual Card instantly if we notice erratic purchase patterns, usage on high-risk darknet nodes, or transaction volumes that look like velocity manipulation.
-
Chargeback Sanctions: If you intentionally file an illegitimate chargeback or transaction dispute with your credit card issuer or bank regarding funds used to top up your Panda Virtual Card, we will permanently ban your account. We will also liquidate any remaining digital assets in your profile to offset the chargeback amount and associated administrative fees.
8. REGULATORY OBLIGATIONS: ANTI-MONEY LAUNDERING (AML) AND KNOW YOUR CUSTOMER (KYC)
8.1 Verification Thresholds and Biometric Scans
To fulfill international regulatory criteria (including FATF recommendations, the Bank Secrecy Act, and EU Anti-Money Laundering Directives), Panda enforces strict identity validation frameworks. You agree to deliver all requested verification materials, including:
-
Clear color scans of your valid government passport, driver's license, or national identity card.
-
Real-time video selfies or facial recognition scans. You grant Panda and our identity verification sub-processors explicit authorization to analyze your biometric data (facial geometry) to confirm your identity and prevent fraudulent accounts.
-
Documented proof of residence, banking statements, and comprehensive disclosures verifying your legitimate source of wealth.
8.2 Account Freezing and Regulatory Holds
Panda reserves the absolute, unreviewable right to put an institutional hold or freeze on your Panda Account, digital wallets, and fiat access pathways if:
-
We suspect your documentation has been forged, altered, or artificially generated.
-
Your account transactions trigger internal compliance risk flags.
-
We receive a formal regulatory instruction or freeze order from a law enforcement agency, court of competent jurisdiction, or international financial intelligence unit.
You explicitly agree that Panda is legally prohibited from informing you of the specific nature of an ongoing AML/KYC audit or regulatory report ("Tipping-Off" restrictions). Panda will not be liable for any portfolio devaluation, market entry losses, or liquidated positions that occur while your account is locked during a compliance investigation.
9. COMPREHENSIVE PLATFORM FEES AND CHARGES
9.1 Absolute Discretion on Pricing Models
Panda reserves the right to charge fees for accessing or using any component of the platform. All current fees are dynamically detailed within our transparent system app interfaces or specific transaction confirmation confirmation dialogue screens. You agree that your decision to tap "Confirm" or execute a transaction signifies your complete and voluntary agreement to the associated fees.
9.2 Fee Modifications
Panda reserves the right to adjust, restructure, increase, or implement new fee models at any time, for any reason, in our sole and absolute corporate discretion, without prior individualized notification to you. All such modifications will take effect immediately upon being programmed into the Panda Platform code architecture.
10. UNILATERAL RESERVATION OF SERVICE ACCESSIBILITY AND ACCOUNT TERMINATION RIGHTS
10.1 Complete Unilateral Dismissal Powers
PANDA RESERVES THE ABSOLUTE, UNILATERAL, AND UNREVIEWABLE CONTRACTUAL RIGHT TO SUSPEND, FREEZE, RESTRICT, LIMIT, OR PERMANENTLY TERMINATE YOUR ACCESS TO THE PANDA PLATFORM, YOUR ACCOUNT, YOUR CUSTODIAL WALLETS, AND ALL ASSOCIATED UTILITIES AT ANY TIME, FOR ANY REASON OR FOR NO REASON AT ALL, IN OUR SOLE DISCRETION, WITHOUT PRIOR NOTICE, AND WITHOUT ANY RESPONSIBILITY OR LIABILITY TO COMPENSATE YOU FOR ANY RESULTING LOSSES, DAMAGES, OR OPPORTUNITY COSTS.
10.2 Non-Exhaustive Triggers for Termination
Without limiting our broader right to terminate your account without cause, the following activities will trigger an instant, permanent account ban and potential forfeiture of assets:
-
Violating any section of these Terms or our integrated Privacy Policy.
-
Deploying malicious automated bots, high-frequency scrapers, front-running scripts, or server-side exploits to gain an unfair edge within the Bamboo Prediction Market or P2P trading matching system.
-
Utilizing the platform to launder money, finance terrorism, purchase narcotics, or participate in illegal darknet marketplaces.
-
Behaving abusively, threateningly, or deceptively toward Panda’s customer support representatives or other platform users.
11. INTELLECTUAL PROPERTY RIGHTS AND PROPRIETARY SOFTWARE LICENSE
11.1 Absolute Corporate Ownership
All text, graphics, user interfaces, visual design systems, brand logos, core source code, compilation code, smart contract configurations, database models, algorithmic mechanics, and technical architecture deployed within the Panda Platform are the exclusive, proprietary intellectual property of Panda or its licensors. They are protected by global copyright, trademark, patent, and trade secret laws.
11.2 Limited Revocable License Grant
Panda grants you a narrow, personal, non-exclusive, non-transferable, non-sublicensable, and fully revocable license to download and use the Panda mobile application on your personal electronic device solely for the purpose of interacting with our services in accordance with these Terms.
11.3 Severe Reverse Engineering Restrictions
You explicitly agree that you will not, nor allow any third party to:
-
Decompile, reverse engineer, disassemble, or attempt to extract the underlying source code or algorithms of the Panda Platform.
-
Fork, copy, modify, adapt, translate, or create derivative works based on our software or smart contract protocols.
-
Remove, obscure, or alter any corporate copyright or proprietary notices embedded within our app or website.
12. PROHIBITED PLATFORM EXPLOITATION ACTIVITIES
You explicitly covenant, represent, and warrant that you will not participate in any of the following prohibited behaviors while interacting with the platform:
13. TOTAL AND ABSOLUTE DISCLAIMER OF ALL WARRANTIES
13.1 "As-Is" Operational Status
THE PANDA PLATFORM, ALL ASSOCIATED MICRO-SERVICES, ENGINE COMPONENT MODULES, AND SMART CONTRACT UTILITIES ARE COMPRISING AN ADVANCED EXPERIMENTAL TECH PROFILE AND ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY LOGICAL TYPE, EITHER EXPRESS, IMPLIED, OR STATUTORY.
13.2 Deep Warranty Exclusions
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PANDA EXPLICITLY AND AGGRESSIVELY DISCLAIMS ALL WARRANTIES, EXTENDED OR SPECIFIC, INCLUDING BUT NOT LIMITED TO:
-
THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR NEED, EFFICIENCY, SECURITY, TITLE, AND NON-INFRINGEMENT.
-
ANY WARRANTY THAT DATA RETRIEVED FROM DECENTRALIZED ORACLES, TRANSACTION BALANCES DISPLAYED, AND CONVERSION RATES DELIVERED WILL BE ACCURATE, UNINTERRUPTED, COMPLETELY REAL-TIME, OR ENTIRELY ERROR-FREE.
-
ANY WARRANTY THAT THE APP SYSTEM WILL REMAIN FREE OF SYSTEM CRASHES, BUGS, SERVER INTERRUPTIONS, BIT FLIPS, HARD DRIVE CORRUPTIONS, OR MALICIOUS INTRUSIONS FROM GLOBAL HACKING GROUPS.
14. SEVERE LIMITATION OF CORPORATE LIABILITY
14.1 Exclusion of All Indirect and Consequential Damages
TO THE MAXIMUM EXTENT AUTHORIZED BY APPLICABLE JAW, IN NO EVENT OR CONTEXT SHALL PANDA APP, ITS HOLDING COMPANIES, SUBSIDIARIES, DIRECTORS, AFFILIATES, EMPLOYEES, LEGAL REPRESENTATIVES, OR INFRASTRUCTURE SERVICES PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLAR, PUNITIVE, CONSEQUENTIAL, OR EXTRAORDINARY DAMAGE CONTEXTS WHATSOEVER. THIS ABSOLUTE EXCLUSION ENCOMPASSES, WITHOUT EXCEPTION, ANY DAMAGES RESULTING FROM:
-
COMPLETE OR FRACTIONAL LOSS OF INCOME, BUSINESS REVENUE, SAVINGS, SPECULATIVE FINANCES, FIAT CURRENCY VALUES, OR CRYPTOGRAPHIC DIGITAL ASSETS.
-
ANY HACKING, SOCIAL ENGINEERING ATTACK, ACCOUNT TAKEOVER, OR SECURITY EXPLOIT EXECUTED AGAINST YOU BY THIRD PARTIES.
-
SYSTEM FAILURE, PROTOCOL DISRUPTIONS, BLOCKCHAIN FORKS, ZERO-DAY SMART CONTRACT DISCOVERIES, OR HARDWARE NETWORK OUTAGES OUTSIDE OUR INTERNAL INFRASTRUCTURE.
-
THE RESULTS, OUTCOMES, OR CANCELLATIONS ASSOCIATED WITH THE BAMBOO PREDICTION MARKET ENGINE OR THE RESOLUTION PROCESSES DRIVEN BY THIRD-PARTY ORACLES.
-
ERRORS, ARBITRARY JUDGMENTS, OR DECISIONS RENDERED BY PANDA COMPLIANCE OPERATORS DURING P2P DISPUTE RESOLUTIONS.
14.2 THE MAXIMUM FINANCIAL LIABILITY CAP
NOTWITHSTANDING ANY OTHER PROVISIONS CONTAINED WITHIN THESE TERMS, OR THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, THE TOTAL AGGREGATE MAXIMUM FINANCIAL LIABILITY OF PANDA TO YOU FOR ANY AND ALL CLAIMS, DISPUTES, LITIGATION EVENTS, TORT ACTIONS, OR CONTRACT COMPLAINTS ARISING OUT OF, OR RELATING TO, THESE TERMS OR YOUR COMPREHENSIVE USE OF THE PANDA PLATFORM SHALL NOT EXCEED THE LESSER OF THE FOLLOWING QUANTIFIABLE METRICS:
-
THE EXACT TOTAL OF SERVICES FEES GENERATED AND RETAINED BY PANDA FROM YOUR ACCOUNT ACTIONS DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE PRIMARY INCIDENT GIVING RISE TO THE SPECIFIC LIABILITY CLAIM.
-
ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THIS LIABILITY CAP CONSTITUTES A FAIR ALLOCATION OF BUSINESS RISK AND THAT PANDA WOULD NOT PROVIDE THESE HIGHLY TECHNICAL AND ADVANCED FINTECH SERVICES TO YOU WITHOUT THE SECURITY GRANTED BY THIS MAXIMUM ASSIGNED LIABILITY LIMITATION.
15. EXPANSIVE USER INDEMNIFICATION FRAMEWORK
You agree to fully, aggressively, and comprehensively defend, indemnify, and hold completely harmless Panda, its corporate parent groupings, related business subsidiaries, affiliate partners, and each of their respective officers, operating directors, systems engineers, compliance representatives, attorneys, and assignees (the "Indemnified Parties") from and against any and all third-party claims, legal actions, government investigations, demands, damages, losses, civil liabilities, fiscal penalties, obligations, and operational costs (including but not limited to reasonable attorney’s fees, corporate litigation fees, and expert witness expenses) arising out of or directly/indirectly connected to:
-
Your usage of, actions within, and transactions executed through the Panda Platform across all financial and crypto sub-modules.
-
Your explicit breach or violation of any clause, warranty, representation, or covenant contained within these Terms or our integrated policies.
-
Your violation of any applicable local, domestic, state, or international finance, derivatives, gaming, anti-money laundering, or consumer protection law.
-
Your infringement or unlawful misappropriation of any third-party intellectual property rights, data privacy boundaries, or credential parameters.
Panda reserves the exclusive right, at your sole financial expense, to assume the absolute and exclusive defense and control of any legal matter subject to user indemnification. You agree to cooperate fully with our corporate defense strategies.
16. GOVERNING LAW AND COURT JURISDICTION SELECTOR
These Terms, your ongoing access to the Panda Platform, and any legal actions or claims arising directly or indirectly out of these Terms or your use of our services shall be governed by, interpreted under, and rigorously enforced in accordance with the laws of United States, without regard to its choice or conflict of law principles.
To the extent that any dispute or litigation is legally exempted from the binding arbitration protocol defined in Section 19, both parties irrevocably submit to the exclusive personal jurisdiction of the courts located within the above jursduction, waving any defense of inconvenient forum.
17. THIRD-PARTY SERVICES, INTEGRATIONS, AND WEBSITE LINK DISCLAIMERS
The Panda Platform integrates software frameworks, card payment systems, API links, and Web3 decentralized application protocols provided by third-party entities. Panda does not control, supervise, verify, monitor, or endorse the performance, terms of service, or safety architectures of these third-party environments.
You acknowledge that your engagement with third-party payment infrastructure, decentralized automated market makers (AMMs), or external prediction data points is executed strictly at your own peril. Panda is not liable for data breaches, asset loss, processing delays, or malicious theft executed by third-party service elements.
18. CLASS ACTION LITIGATION AND JURY TRIAL WAIVER
CRITICAL CONTRACTUAL WAIVER: BOTH YOU AND PANDA RECOGNIZE AND AGREE THAT ANY LITIGATION, COMPLAINT, OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS SHALL BE PURSUED STRICTLY ON AN INDIVIDUAL BASIS. YOU EXPRESSLY WAIVE ANY RIGHT, LEGAL STANDING, OR CAPACITY TO FILE, JOIN, OR PARTICIPATE AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY CLASS ACTION LAWSUIT, MULTI-DISTRICT LITIGATION, COLLECTIVE ACTION, REPRESENTATIVE PROCEEDING, PRIVATIZED ATTORNEY GENERAL ACTION, OR GROUP LAWSUIT AGAINST PANDA.
BOTH PARTIES FURTHER IRREVOCABLY WAIVE ANY RIGHTS TO A JURY TRIAL IN THE EVENT THAT ANY COMPLAINT PASSES INTO A COURT ENVIROMENT.
19. MANDATORY BINDING ARBITRATION FRAMEWORK
19.1 Mandatory Informal Dispute Pre-Condition
Before initiating any formal legal or arbitration proceeding, you agree to submit a detailed, written breakdown of your issue to our corporate legal team via email at legal@panda.app. This notice must contain your account information, legal name, transaction hashes, and a specific statement of the remedy you seek. You agree to engage in good-faith negotiations to resolve the issue for a mandatory cooling-off period of sixty (60) calendar days from our receipt of your notice.
19.2 Final Binding Individual Arbitration
If the dispute remains unresolved following the expiration of the sixty (60) day informal negotiation window, either party may initiate binding individual arbitration.
-
Arbitration Provider: The arbitration shall be formally managed, overseen, and administered by American Arbitration Association (AAA) in accordance with its current Commercial Arbitration Rules.
-
Procedural Specifics: The language used during all elements of the arbitration shall be English. The dispute shall be evaluated and decided by a single, neutral arbitrator possessing background expertise in fintech and digital asset law.
-
Confidentiality: All components of the arbitration proceeding, including briefs, evidence, arguments, oral testimonials, and the final award issued by the arbitrator, shall remain strictly confidential and unreleased to the public domain.
-
Finality of Award: The written decision issued by the arbitrator shall be final, binding, unappealable, and may be registered and enforced in any court of competent global jurisdiction.
20. AMENDMENTS, ALTERATIONS, AND SYSTEM MODIFICATIONS
20.1 Absolute Structural Modification Powers
Panda reserves the right, in our sole, unreviewable, and absolute corporate discretion, to alter, change, rewrite, expand, contract, or amend any section of these Terms or our integrated policies at any time.
20.2 Notice Delivery Mechanics
When updates occur, we will post the revised Terms directly to our web portal and integrate them into the configuration settings screen of the Panda mobile application. We will adjust the "Last Updated" timestamp at the top of the agreement.
-
Implied Consent: You acknowledge that your continued configuration configuration check, application initialization, or execution of transactions on the Panda Platform following the publication of revised Terms signifies your absolute and legally binding acceptance of those modified parameters. If you disagree with any modification, your sole remedy is to close your account and stop using our services.
21. PROACTIVE APP STORE INFRASTRUCTURE AND PLATFORM MANIFEST EXCLUSIONS
21.1 Apple Inc. (App Store Connect) Framework Warranties
If you downloaded the Panda application via the Apple App Store, you explicitly acknowledge that these Terms are formed solely between You and Panda, not with Apple Inc. Apple Inc. assumes no warranty, support obligation, maintenance responsibility, or liability for software glitches inside the Panda Platform. In the event of a system malfunction, your sole recourse is directly with Panda. Apple Inc. is a third-party beneficiary of these Terms and possesses the right to enforce these clauses against you.
21.2 Google Play Console Account Erasure Protections
Panda provides a compliant, frictionless avenue for data and account deletion in accordance with Google Play Developer policies. You can request account deletion at any time via the in-app account portal or through our data deletion link ([https://pandaex.co/delete-account]). You acknowledge that choosing to delete your account does not negate our legal requirement to retain historical financial transaction records for up to seven (7) years to satisfy AML compliance frameworks.
22. MISCELLANEOUS LEGAL PROVISIONS
22.1 Severability Architecture
If any section, subsection, clause, sentence, or word of these Terms is found to be illegal, invalid, or wholly unenforceable by an authorized arbitrator or a court of competent jurisdiction, that specific provision shall be separated and limited to the minimum extent necessary. Its separation will not impact the validity, legality, or full enforceability of all remaining sections of these Terms, which shall stay in absolute effect.
22.2 Non-Waiver Enforcement Rights
No failure or delay by Panda in enforcing any right, power, corporate privilege, or remedy specified under these Terms shall function as a waiver of that right. No single or fractional exercise of any corporate privilege shall prevent further enforcement actions.
22.3 Complete Entirety of Contract
These Terms, alongside our integrated Privacy Policy and specialized Cardholder Agreements, constitute the total, exclusive, and comprehensive legal contract between You and Panda. They completely replace and supersede all prior verbal negotiations, written contracts, slack communications, pitch decks, or marketing materials regarding your use of the platform.
22.4 Corporate Assignment Rights
Panda is entitled to transfer, assign, delegate, or sell its contractual rights, obligations, software systems, and data profiles under these Terms to any corporate successor, acquiring entity, or restructuring platform without needing your consent or giving you prior notification. You are strictly prohibited from assigning your account or contract rights to any third party.
23. CONTACT AND RECOGNIZED CORPORATE LEGAL NOTICES
For any legal notices, dispute initiation notifications, system compliance inquiries, or regulatory communications regarding these Terms, please contact our team exclusively through the following communications pathways:
-
Corporate Legal Email Office: No-reply@pandaex.co
