E-Sign Disclosure & Consent

This E-Sign Disclosure and Consent ("E-Sign Consent") applies to all communications, disclosures, agreements, notices, and records of any kind that XEX ("we," "us," "our," or the "Company") is required by law to provide to you in writing in connection with your XEX account and any related products or services (collectively, "Communications"). By creating an account, accessing, or using any XEX services, you affirmatively consent to receive all Communications electronically as described herein. This E-Sign Consent is provided in accordance with the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.), the Uniform Electronic Transactions Act, and any applicable state laws governing electronic transactions and signatures.

1. Consent to Electronic Communications

By agreeing to this E-Sign Consent, you expressly consent and agree that XEX may provide all Communications to you electronically, whether by email to the email address associated with your account, by posting on our website or mobile application, by push notification, or through any other electronic means that XEX deems appropriate in its sole discretion. You agree that all Communications provided to you electronically satisfy any legal requirement that such Communications be in writing, and you will not contest the legal effectiveness, validity, or enforceability of any Communication solely because it was provided electronically.

Your consent applies to, but is not limited to, the following categories of Communications:

• Account opening disclosures, agreements, and amendments, including the Terms of Service, Privacy Policy, and all supplemental policies incorporated by reference therein.
• Account statements, transaction confirmations, trade histories, and periodic account summaries reflecting your trading activity, balances, and fee assessments.
• Regulatory disclosures and notices required by federal, state, or international law, including but not limited to anti-money laundering disclosures, sanctions notices, risk disclosures, and consumer protection notices.
• Tax-related documents and forms, including but not limited to annual tax statements, cost basis reports, Form 1099 series documents, and any other tax reporting documents that XEX is required or elects to provide.
• Privacy notices and disclosures concerning the collection, use, sharing, and protection of your personal information, as required by applicable data protection and privacy laws.
• Security alerts, fraud notifications, suspicious activity notices, and other communications related to the security of your account or the integrity of the platform.
• Policy updates, modifications to terms, fee schedule changes, and any other amendments to the agreements governing your use of XEX services.
• Marketing and promotional communications, to the extent permitted by applicable law and your communication preferences.
• Legal notices, dispute resolution communications, arbitration notices, and any other communications related to legal proceedings or regulatory inquiries involving your account.

Your consent to electronic delivery is effective immediately upon account creation and shall remain in effect until you validly withdraw consent in accordance with Section 4 below or your account is closed, whichever occurs first. XEX reserves the right to provide any Communication in paper form at its sole discretion, even if you have consented to electronic delivery, and such paper delivery shall not constitute a waiver of XEX's right to deliver future Communications electronically.

2. Types of Electronic Records

The following is a non-exhaustive list of the types of electronic records and documents that you may receive from XEX through electronic means. XEX reserves the right to expand this list at any time and to deliver any additional categories of records electronically without further notice:

2.1 Account Agreements and Amendments

All agreements governing your relationship with XEX, including the Terms of Service, Privacy Policy, Cookie Policy, AML/KYC Policy, Risk Disclosure, Prohibited Use Policy, API Terms of Service, and any other supplemental terms, shall be delivered, executed, and stored electronically. Any amendments, modifications, or supplements to these agreements will be communicated electronically, and your continued use of XEX services following electronic notification of such changes constitutes your acceptance thereof.

2.2 Trade Confirmations and Transaction Records

Confirmations for all trades executed on the XEX platform, including spot transactions, futures contracts, margin trades, options, peer-to-peer transactions, and any other supported order types, will be provided electronically. Each confirmation will include the relevant details of the transaction, including the asset pair, quantity, execution price, applicable fees, timestamp, and order identifier. You acknowledge that electronic trade confirmations are the sole method of delivery and that XEX is under no obligation to provide paper trade confirmations.

2.3 Account Statements and Summaries

Periodic account statements, including daily, monthly, and annual summaries of account activity, balances, deposits, withdrawals, realized and unrealized gains and losses, and fee assessments, will be made available electronically through your account dashboard or via email. You are responsible for reviewing all statements promptly and reporting any discrepancies within thirty (30) days of the statement date.

2.4 Regulatory Disclosures

All disclosures required by applicable financial regulations, securities laws, money transmission laws, anti-money laundering regulations, and consumer protection statutes will be provided electronically. These include, without limitation, initial disclosures, annual privacy notices, change-in-terms notices, risk warnings, and any other required regulatory communications.

2.5 Tax Forms and Documents

XEX will deliver all tax-related documents electronically, including annual tax summary statements, gain/loss reports, cost basis information, Form 1099-MISC, Form 1099-B, Form 1099-K, and any other applicable tax reporting forms. You consent to receive these documents electronically in lieu of paper delivery. You acknowledge that you are solely responsible for your tax obligations and that XEX's provision of tax documents does not constitute tax advice.

2.6 Policy Updates and Service Announcements

Notifications regarding updates to XEX policies, new features, service modifications, scheduled maintenance, platform outages, and other operational matters will be delivered electronically. XEX may, at its sole discretion, use email, in-app notifications, push notifications, website banners, or any combination thereof to deliver such notices.

2.7 Security Alerts and Account Notifications

Notifications concerning suspicious activity on your account, login attempts from unrecognized devices or locations, password changes, two-factor authentication events, withdrawal confirmations, and other security-related events will be delivered electronically. You acknowledge that timely receipt and review of these notifications is essential to the security of your account, and that failure to maintain current contact information may result in your inability to receive critical security alerts.

3. Hardware and Software Requirements

To receive, access, and retain Communications delivered electronically, you must have and maintain, at your own expense, the following minimum hardware and software:

• Web Browser: A current, up-to-date version of one of the following browsers: Google Chrome (version 90 or later), Mozilla Firefox (version 90 or later), Apple Safari (version 14 or later), Microsoft Edge (version 90 or later), or any other modern browser with equivalent capabilities, including JavaScript enabled, cookies enabled, and TLS 1.2 or higher support.
• Email Access: A valid, functioning email account capable of receiving email from XEX domains (xex.to, mail.xex.to), with sufficient storage capacity to retain Communications. You are responsible for ensuring that emails from XEX are not filtered to spam or junk folders.
• PDF Viewer: Software capable of viewing, downloading, and printing documents in Portable Document Format (PDF), such as Adobe Acrobat Reader (version DC or later) or any equivalent PDF reader application.
• Screen Resolution: A display with a minimum resolution of 1024 x 768 pixels, or a mobile device with an equivalent effective viewport.
• Internet Connection: A stable internet connection (broadband, Wi-Fi, or cellular data) with sufficient bandwidth to access and download electronic Communications in a timely manner.
• Storage: Sufficient local or cloud storage capacity to save and retain electronic Communications for your records. XEX recommends maintaining copies of all Communications for at least seven (7) years.
• Operating System: A current, supported operating system capable of running one or more of the browsers listed above, including but not limited to Windows 10 or later, macOS 11 or later, iOS 14 or later, or Android 10 or later.

By consenting to electronic delivery, you confirm that you have access to the hardware and software described above, that you are able to receive, open, and read electronic Communications, and that you have the ability to download and print or save Communications for your records. If XEX updates these requirements in the future, we will notify you and provide you with an opportunity to withdraw your consent if you are unable to meet the updated requirements.

4. Withdrawal of Consent

You have the right to withdraw your consent to receive Communications electronically at any time. However, you acknowledge and agree that electronic delivery of Communications is a fundamental requirement for the provision of XEX services, and that withdrawal of your consent may have significant consequences for your account.

4.1 Process for Withdrawal

To withdraw your consent to electronic Communications, you must submit a written request by email to legal@xex.to with the subject line "E-Sign Consent Withdrawal." Your request must include your full legal name, registered email address, account identifier, and a clear statement that you wish to withdraw your consent to electronic delivery of Communications. XEX may require identity verification before processing your withdrawal request.

4.2 Effective Date

Withdrawal of consent will become effective thirty (30) calendar days after XEX acknowledges receipt of your valid withdrawal request. During this 30-day notice period, you will continue to receive Communications electronically. XEX reserves the right to extend this period if necessary to complete pending transactions or satisfy regulatory obligations.

4.3 Consequences of Withdrawal

Upon the effective date of your withdrawal, XEX may, at its sole discretion, take one or more of the following actions:

• Restrict or suspend your ability to trade, deposit, withdraw, or otherwise use XEX services until an alternative delivery method is established.
• Close your account entirely if XEX determines, in its sole discretion, that it cannot reasonably provide services without electronic delivery of Communications.
• Impose additional fees for paper delivery of Communications that would otherwise be delivered electronically at no charge.
• Limit the types of products, services, or features available to you.
• Require you to maintain a higher minimum account balance or meet other conditions as a prerequisite for continued service.

Withdrawal of consent does not affect the legal validity or enforceability of any Communications previously delivered electronically. You acknowledge that certain Communications, such as trade confirmations for already-executed transactions, cannot be retroactively converted to paper delivery.

5. Paper Copy Requests

Even while your consent to electronic delivery remains in effect, you may request paper copies of specific Communications by contacting XEX at legal@xex.to. Paper copy requests are subject to the following terms:

• Processing Fee: XEX may charge a processing fee of up to $25.00 USD per paper copy request, plus applicable postage and handling charges. This fee may be deducted directly from your account balance or charged to a payment method on file.
• Delivery Timeframe: Paper copies will be prepared and dispatched within fifteen (15) business days of receipt of your request and payment of the applicable fee. XEX is not responsible for delays caused by postal services or incorrect address information.
• Scope: Paper copies are available only for Communications generated within the preceding twenty-four (24) months. Requests for Communications older than twenty-four months may be subject to additional fees and extended processing times, and XEX does not guarantee availability.
• Request Format: Paper copy requests must specify the particular Communication(s) sought, including the type of document, approximate date range, and any other identifying information. XEX reserves the right to reject overly broad or burdensome requests.

Requesting a paper copy of a specific Communication does not constitute a withdrawal of your general consent to electronic delivery and does not affect your obligation to receive and review all other Communications electronically.

6. Updating Contact Information

You are solely responsible for ensuring that the email address and other contact information associated with your XEX account is accurate, current, and capable of receiving Communications at all times. You must promptly update your contact information through your account settings or by contacting XEX support whenever your email address, phone number, mailing address, or other contact details change.

If an email Communication sent by XEX to your registered email address is returned as undeliverable, bounces, or is otherwise rejected, XEX may, at its sole discretion:

• Treat the Communication as having been delivered on the date it was sent, regardless of whether you actually received it.
• Suspend, restrict, or freeze your account until a valid, functioning email address is provided and verified.
• Impose a hold on pending withdrawals or transactions until your contact information is updated.
• Close your account if a valid email address is not provided within sixty (60) days of the first bounced Communication.

XEX shall not be liable for any losses, damages, or consequences arising from your failure to maintain current contact information, including but not limited to missed security alerts, unacted-upon account notifications, expired time-sensitive offers, or failure to receive regulatory disclosures. Your obligation to keep your contact information current is a material condition of your agreement with XEX, and failure to do so constitutes a breach of these terms.

By creating an account on XEX or continuing to use XEX services after the effective date of this E-Sign Consent, you confirm that you have read, understood, and agree to be bound by all of the terms set forth herein. You further confirm that you have the hardware and software required to receive electronic Communications, that you consent to receive all Communications electronically, and that you understand how to withdraw your consent if you choose to do so in the future.